Policies

Legal Disclosures and Policies


Terms of Use


Last revised: December 12, 2017

 

INTRODUCTION

Welcome to Argent. Argent provides a web-based solution for placing trailing stop-loss orders through your Robinhood account. As a web-based solution, you can place and cancel trailing stop-loss orders that act as pseudo market orders, in that, they exist solely as a placeholder for monitoring price movement according to your criteria, and only submit a tangible market order to your Robinhood account when market criteria are met. Your access and use of Argent’s web-based solution is subject to the Terms of Use set forth below.

AGREEMENT

These Terms of Use constitute a legally binding agreement between Argent, LLC ("Argent""us" or "we") and you (“you”), the individual listed in the account registration form the completion of which requires you to sign your legal first and last name prior to clicking the applicable “Register” box, and sets forth the terms and conditions that govern your use of TrailingStopLoss.com (the "Site") and/or any related services (the "Services") accessed through the Site.

We refer to these Terms of Use as the “Agreement.” We may update or amend these Terms of Use from time to time by posting such updates or amendments to the Site. Your use of the Site or any Services after we post any such updates or amendments will constitute your agreement to those updates or amendments.

THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

PLEASE CAREFULLY READ THESE TERMS OF USE BEFORE ACCESSING THE SITE OR USING ANY OF THE SERVICES. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS OR IF YOU CANNOT REMAIN IN COMPLIANCE WITH SUCH TERMS AND CONDITIONS, YOU MAY NOT ACCESS THE SITE OR USE ANY OF THE SERVICES AND SHOULD IMMEDIATELY CEASE SUCH ACCESS AND USE.

1. Limited License; Use of Services.

Unless otherwise specified, Argent grants to you a non-exclusive and non-transferable limited right and license to access the Site and use the Services for your personal use provided that you agree with and comply fully with the provisions of this Agreement. Certain features of the Site or Services are available only to users who register for an Argent account (“Registered Users”).

You acknowledge and understand that we provide tools and infrastructure designed to allow you to place pseudo market trailing stop-loss orders. To be clear, the orders you place through the Site are not orders that are actually placed in any stock exchange; instead, these orders exist as a set of criteria that we will monitor until said criteria is met, at which point a stop-loss order will be attempted to be sent to your associated Robinhood account. Our responsibility for the orders you place on our Site is only as provided herein.

2. Accounts, Passwords and Security.

To become a Registered User, you must complete the registration process by providing Argent with current, complete and accurate personally identifiable information, including, without limitation, your real name and the email address through which we can correspond with you, as prompted by the applicable registration form. You further agree to keep any registration information you provide to Argent current, complete and accurate. Please read our Privacy Policy, which is available at https://www.trailingstoploss.com/policies#privacy, for more information about our information collection and use practices. Individuals under the age of 13 are not permitted to register for any account or use other interactive features of the Site. As part of the registration process, you are asked to select a username and password. You are entirely responsible for maintaining the security and confidentiality of your account information, including your username and password. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES AND CONDUCT, WHETHER BY YOU OR ANYONE ELSE, THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. We may hold you liable for any losses incurred by Argent or any other party due to someone else’s use of your account or password. You agree to notify Argent immediately upon your becoming aware of any unauthorized use of your account or any other breach of security involving your account. Argent will not be liable for any loss that you or any other party may incur as a result of someone else’s use of your password or account, either with or without your knowledge.

3. Prohibited Activities.

We use the term “Content” to mean orders or order history, trading strategies, data transformations, software, data, databases, text, messages, images, graphics, video files, audio files, ideas and other information and materials.

You acknowledge and agree that you will not:

  • use the Site or Services to advertise, market, sell, or otherwise promote any commercial enterprise that you own, are employed by or are otherwise compensated by, either directly or indirectly;
  • use any engine, software, tool, agent or other device or mechanism to navigate or search the Site, other than the search engines and agents available through the Service and other than generally available third party web browsers;
  • copy, reverse engineer, reverse assemble, otherwise attempt to discover the source code, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or services obtained through the Site or the Services;
  • access the Site or use the Services by any means other than through Argent-provided or approved interfaces;
  • transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable or which may invade another's right of privacy or publicity;
  • post or transmit any material that contains a virus, worm, Trojan horse, or any other contaminating or destructive feature;
  • post or transmit information protected under any law, agreement or fiduciary relationship, including but not limited to proprietary or confidential information of others;
  • use any of the Site’s or Service's communications features in a manner that adversely affects the availability of its resources to other users;
  • post or transmit any unsolicited advertising, promotional materials, "junk mail", "spam," "chain letters," "pyramid schemes" or any other form of solicitation or any non-resumé information such as opinions or notices, commercial or otherwise;
  • access or use the Site or Services to intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated under any such law;
  • upload or transmit any material that infringes, violates or misappropriates any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any third party or violates a third party’s right of privacy or publicity;
  • manipulate or otherwise display or obstruct portions of the Site and/or the Services by using framing or similar navigational technology;
  • register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any Argent product or Service if you are not expressly authorized by such party to do so;
  • use the Site and/or the Services for any purpose that is unlawful or prohibited by these terms and conditions;
  • use the Site or the Services in any manner that could damage, disable, overburden or impair Argent’s servers or networks, or interfere with any other user's use and enjoyment of the Site and/or the Services;
  • attempt to gain unauthorized access to any of the Site, Services, accounts, computer systems or networks connected to Argent through hacking, password mining or any other means;

We reserve the right to cancel your account with us, without any notice to you as provided in Section 19, if we suspect any violation of any of the terms of this Agreement.

4. No Liability for Third Party Content.

A portion of the content contained on the Site or Services may be supplied by third parties (“Third Party Content”), including, without limitation, information providers, advertisers, and Registered Users. Argent is a distributor (and not a publisher) of such Third Party Content. Except to the extent that Argent seeks to enforce its rights under any of the terms of this Agreement, Argent does not have editorial control over any Third Party Content. Any reliance you place on Third Party Content is therefore at your own risk. Any Third Party Content, including, without limitation, such content in the nature of opinions, advice, statements, services, offers, or other information, expressed or made available on the Site or through the Services are those of the respective authors or distributors thereof, and not Argent. Neither Argent nor any third-party provider or distributor of information on or through the Site or Services guarantees, endorses, or is otherwise responsible or liable for the accuracy, completeness, timeliness, reliability, availability, or usefulness of any content accessible through the Site or Services. Argent may remove any content suspected to be in violation of the terms of this Agreement.

5. Proprietary Rights.

You retain ownership of all Content you submit on the Site or Services.

Unless you choose to share your Content, we will use reasonable best efforts to keep Content private. Argent will not review, share, or otherwise make use of your Content except as specifically provided in our Privacy Policy or this Agreement. With respect to this Agreement, Argent may access, review, share, or otherwise make use of your Content in the following circumstances:

  • If necessary in the course of providing technical support or other maintenance of the Services; provided that, wherever possible, any access by Argent for technical support or maintenance purposes will be restricted to the very specific technical purpose relevant to such support or maintenance;
  • In order to comply with any applicable legal or regulatory requirements or court order;
  • In the event that we consider, in our discretion, that such Content may present a security risk;
  • In the event that we consider, in our discretion, that such Content may constitute an infringement or misappropriation of any third party right; or
  • In the event that we consider, in our discretion, that such Content may be relevant to Argent’s defense in any legal proceeding.

Argent is seeking high-quality strategies to invest in. Towards that end, we may review the results of your orders and order history. We may review the performance of your Content. Such performance information includes, but is not restricted to, returns of any orders executed with the Content. We may generate additional performance data from your Content for the purposes of (a) verifying that software platform changes do not change or break the Services or (b) analyzing performance results. Any testing or evaluation will be done with the spirit and intent of protecting your Content.

We may share anonymized and/or aggregated performance statistics with third parties. Any such external or third party usage of performance data will not be made when such usage of performance data would reveal the personal details of the underlying Content.

You understand and acknowledge that (i) the software, code, proprietary methods and systems used to provide the Site or Services, (ii) the design, look and feel of our template reports, (iii) the graphical elements of our template reports, (iv) the Content (other than the Content submitted by you or on your behalf or other Registered Users), and (v) any intellectual property therein (collectively, "Our Intellectual Property") may not be copied, modified, reproduced, republished, posted, or transmitted, and no Content (other than Content submitted by you or on your behalf) may be sold, offered for sale, or redistributed in a commercial manner without our prior written permission and the prior written permission of our applicable licensors (if applicable). You acknowledge and agree that Our Intellectual Property is the sole property of Argent or its licensors. You must abide by all copyright notices, information, or restrictions contained in or attached to any of Our Intellectual Property. Nothing in this Agreement grants you any right to receive delivery of a copy of Our Intellectual Property or to obtain access to Our Intellectual Property except as generally and ordinarily permitted through the Site according to this Agreement. Furthermore, nothing in this Agreement will be deemed to grant, by implication, estoppel or otherwise, a license to Our Intellectual Property. Certain of the names, logos, and other materials displayed on the Site or in the Services constitute trademarks, trade names, service marks or logos ("Marks") of Argent or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities. Any use of third party software provided in connection with the Site or Services will be governed by such third parties’ licenses and not by this Agreement.

6. Feedback.

In the event that you provide us any ideas, thoughts, criticisms, suggested improvements or other feedback related to our Site or Services (collectively "Feedback"), you agree we may use the Feedback to modify our products and services and that you will not be due any compensation, including any royalty related to the product or service that incorporates your Feedback. You grant to us a worldwide, sublicensable, assignable, royalty-free, fully paid, perpetual, irrevocable right and license to make, have made, use, reproduce, modify, translate, distribute, transmit, create derivative works of, perform, display, import, sell, offer for sale, make, have made and otherwise exploit, without the requirement to make any payment to you or to any third party or the need to seek any third party permission, the Feedback in any form, media, or technology, whether now known or hereafter devised or developed, and to allow others to do the same. This is true whether you provide the Feedback in any Content submitted publicly or privately, email or any other method of communication with us unless we have entered into a separate written mutual agreement with you that provides otherwise.

7. Privacy and Security.

We are committed to your privacy and security. For more information, you should review our Privacy Policy at https://www.trailingstoploss.com/policies#privacy. By agreeing to these Terms of Use, you acknowledge that you understand that "perfect security" cannot be attained on the Internet, and that you understand and agree that we only agree to take reasonable steps to help ensure the security of your personal information and that such steps do not guarantee that the Site and the Services are invulnerable to all security breaches or immune from viruses, security threats or other vulnerabilities. We do not warrant that your information will be secure, though our Services may be advertised as such.

8. Disclaimer of Warranties.

THE SITE AND THE SERVICES, AND ANY CONTENT, TOOLS, PRODUCTS OR SERVICES DISPLAYED, ACCESSED OR OBTAINED ON OR THROUGH THE SITES AND SERVICES ARE PROVIDED "AS IS", "AS AVAILABLE", AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, SYSTEM INTEGRATION, AVAILABILITY, INTEGRITY, RELIABILITY OR TRANSMISSION OR RESPONSE TIME, DATA ACCURACY, AVAILABILITY, COMPLETENESS, RELIABILITY OR TIMELINESS, SUITABILITY OF CONTENT OR SERVICES, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ARGENT AND ITS AFFILIATES, SUPPLIERS, AND AGENTS DO NOT WARRANT AND EXPRESSLY DISCLAIM THAT: (i) YOUR USE OF THE SITES AND/OR SERVICES AND ACCESS TO AND USE OF ALL OF THE TOOLS AND FEATURES THEREON WILL BE UNINTERRUPTED, TIMELY, ERROR-FREE, OR SECURE, (ii) THAT ANY INFORMATION OBTAINED THEREIN IS ACCURATE, RELIABLE, COMPLETE OR TIMELY, (iii) THAT DEFECTS WILL BE CORRECTED, OR (iv) THAT ANY SOFTWARE, SERVICES, SITES OR SERVER(S) ON WHICH THE SERVICES AND SITES ARE HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SITE AND THE SERVICES AND ANY CONTENT PROVIDED ON OR THROUGH THE SITES AND SERVICES ARE ENTIRELY AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR PERSON, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS THE ARGENT SITE, SERVICES OR BROKERAGE CONNECTION SERVICES, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT. From time to time, we may offer new “beta” features or tools with which Registered Users may experiment. Such features or tools are offered solely for experimental purposes and without any warranty of any kind, and may be modified or discontinued at our sole discretion. The provisions of this Section apply with full force to such features or tools.

YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD US LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF OTHER SITES ACCESSIBLE THROUGH THE SITE OR SERVICES INCLUDING THAT OF ROBINHOOD, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU. WE MAKE NO WARRANTY THAT ANY GOODS OR SERVICES PROVIDED BY THIRD PARTIES IN CONNECTION WITH YOUR ACCESS AND USE OF THE SITE AND SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY OF ANY SUCH GOODS OR SERVICES, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY USER CONTENT OBTAINED THROUGH THE SITE AND/OR THE SERVICES.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR CONTENT AND COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE AND SERVICES. YOU UNDERSTAND THAT WE DO NOT MAKE ANY ATTEMPT TO VERIFY ANY CONTENT POSTED ON THE SITE BY YOU OR ANY OTHER USERS.

THE DISCLAIMERS SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU.

9. Investment Disclaimer.

You acknowledge and understand that the Services are not intended to supply investment, financial, tax or legal advice. The Services are not investment advice and any observations concerning any security or investment strategy provided in the Services is not a recommendation to buy, sell or hold such investment or security or to make any other investment decisions. We offer no advice regarding the nature, potential value, risk or suitability of any particular investment strategy, trading algorithm, transaction, security or investment, INCLUDING THAT OF TRAILING STOP-LOSS ORDERS. You acknowledge and agree that any use of the Services, any decisions made in reliance on the Services, including any trading or investment decisions or strategies, are made at your own risk.

If investment, trading or other professional advice is required, the services of a competent, licensed professional should be sought. No employee, agent or representative of Argent is authorized to provide any such advice pursuant to this Agreement, and any such advice, if given, is in violation of Argent’s policies, is unauthorized and may not be relied upon.

10. Professional Advice Disclaimer.

Our Services are meant as an aid to assist you in organizing and managing your financial information. NEITHER ARGENT NOR THE SERVICE IS INTENDED TO PROVIDE LEGAL, TAX OR FINANCIAL ADVICE. ARGENT IS NOT A FINANCIAL PLANNER, BROKER OR TAX ADVISOR. Your financial situation is unique, and any information obtained through the Service may not be appropriate for your situation. The use and interpretation of the Services requires skill and judgment, and you shall at all times exercise your own judgment in the use of the Services.

11. Limitation of Liability.

YOU ACKNOWLEDGE AND AGREE THAT WE ARE ONLY WILLING TO PROVIDE ACCESS TO THE SITE AND TO PROVIDE THE SERVICES IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND TO THIRD PARTIES. NEITHER ARGENT NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO (i) THE USE OF, DELAYS IN OPERATION, TRANSMISSION OR RESPONSE OF, OR INABILITY TO USE THE SITE OR THE SERVICES; (ii) ANY CONTENT CONTAINED ON THE SITES AND/OR THE SERVICES; (iii) STATEMENTS OR CONDUCT POSTED OR MADE PUBLICLY AVAILABLE ON THE SITES AND/OR THE SERVICES; (iv) ANY PRODUCT OR SERVICE PURCHASED OR OBTAINED THROUGH THE SITES; (v) ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SITES OR THE SERVICES; (vi) ANY DAMAGE CAUSED BY MISTAKES, INACCURACIES, OMISSIONS, ERRORS, INTERRUPTIONS OR LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF ANY CONTENT ON THE SITES OR THE SERVICES, OR (vii) ANY OTHER FAILURE OF PERFORMANCE OF THE SITE OR SERVICES OR OTHER MATTER RELATING TO THE SITE AND/OR THE SERVICES, IN EACH CASE WHETHER OR NOT CAUSED BY EVENTS BEYOND THE CONTROL OF OUR DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS OR SPONSORS, INCLUDING, BUT NOT LIMITED TO, ACTS OF NATURE, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THE SITE OR SERVICES OR CONTENT STORED THEREIN. IN NO EVENT SHALL ARGENT’S TOTAL LIABILITY TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) EXCEED THE GREATER OF: (i) ONE HUNDRED DOLLARS ($100.00) OR (ii) THE TOTAL AMOUNT PAID OR PAYABLE BY YOU TO US, IF ANY, FOR USING ANY OF THE SERVICES OR THE SITE IN THE THREE (3) MONTHS PRIOR TO THE DATE ON WHICH YOU FIRST ASSERT A CLAIM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF CERTAIN TYPES OF LIABILITY. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT THAT WE MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR LIMIT LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.

12. Indemnification.

You agree to indemnify, defend, and hold Argent and its subsidiaries, affiliates, officers, directors, agents, co-branders, sponsors, distributors, or other partners, employees, and representatives harmless from and against any and all claims, demands, actions, causes of action, damages, losses, costs or expenses (including reasonable attorneys' fees and disbursements) which arise or relate, directly or indirectly, out of, from or to (i) your breach of this Agreement or violation of any applicable law or regulation, (ii) any allegation that any materials that you submit to Argent infringe, misappropriate, or otherwise violate the copyright, trade secret, trademark or other intellectual property rights, or any other rights of a third party, or (iii) access or use of the Site and/or the Services by you or anyone using your Argent account. This Section shall survive in the event this Agreement is terminated for any reason.

13. Release.

To the extent permitted under applicable laws, you hereby release Argent from any liability related to: (a) any incorrect or inaccurate Content posted on the Services, whether caused by any user of the Services (including, without limitation, any Registered User) or by any of the equipment or programming associated with or utilized in the Services; (b) the conduct, whether online or offline, of any user of the Services (including, without limitation, any Registered User); (c) any loss or damage caused by Content posted on the Services or transmitted by and to Registered Users, or any interactions between users of the Site (including, without limitation, any Registered User), whether online or offline; and (d) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Registered User communications. If you are a California resident, you hereby waive California Civil Code Section 1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."

14. Copyright Violations.

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent identified below the following information:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed;
  • A description of where the material that you claim is infringing is located on the Site or Services;
  • Your address, telephone number, and email address;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
  • Our copyright agent for notice of claims of copyright infringement on the Site or the Services can be reached via email at support@trailingstoploss.com.

15. Jurisdictional Issues.

Argent makes no representation or warranty that the content and materials on the Site and/or the Services are appropriate or available or appropriate for use in locations outside the United States. Those who choose to access the Site or use the Services from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. Argent reserves the right, at any time in its sole discretion, to limit the availability and accessibility of the Site and/or the Services to any person, geographic area, or jurisdiction it so desires, and to limit the quantities of any such Service or products that it provides.

16. Arbitration Agreement And Jury Trial Waiver, Class Action Waiver, And Forum Selection Clause.

All controversies, disputes, demands, counts, claims, or causes of action between you and Argent arising out of, under, or related to these Terms of Use or our privacy practices (including any action we take or authorize with respect to information about or provided by you) shall be settled exclusively through binding arbitration.

Arbitration shall be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association (“AAA”). As modified by these Terms of Use, and unless agreed upon by the parties in writing, the arbitration will be governed by the AAA’s Commercial Arbitration Rules and, if the arbitrator deems them applicable, the Supplementary Procedures for Consumer Related Disputes (collectively “Rules and Procedures”).

You are thus GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract EXCEPT for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.

You and Argent must abide by the following rules: (i) for any claim that could otherwise be brought in small claims court, the arbitration shall be conducted solely based on written submissions and, if the arbitrator deems it appropriate, a telephonic hearing; (ii) if the claim exceeds what can be recovered in a small claims court, the arbitration shall be conducted solely based on written submissions or a telephonic hearing, unless the arbitrator deems a face-to-face hearing is appropriate, in which case one should be held at a location agreed to by you and Argent, and if the parties cannot agree on a location for the hearing, the arbitrator will determine a location for the proceedings which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances; (iii) the arbitrator’s ruling is binding and not merely advisory; (iv) ANY CLAIMS BROUGHT BY YOU OR ARGENT MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (v) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING; (vi) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, Argent will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation; (vii) Argent also reserves the right in its sole and exclusive discretion to assume responsibility for all of the costs of the arbitration; (viii) the arbitrator shall honor claims of privilege and privacy recognized at law; (ix) a decision by the arbitrator (including any finding of fact and/or conclusion of law) against either you or Argent shall be confidential unless otherwise required to be disclosed by law or by any administrative body and may not be collaterally used against either of them in existing or subsequent litigation or arbitration involving any other person/Argent customer; and (x) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses.

Notwithstanding the foregoing, either you or Argent may bring an individual action in small claims court. In addition, if you are a Registered User outside of the United States, the dispute resolution provision in our Privacy Statement (if any), and not this arbitration provision, shall apply to any disputes related to privacy. Further, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall not be subject to this arbitration provision. Such claims shall be exclusively brought (unless such courts do not have personal jurisdiction in the dispute) in the courts located in Olathe, KS. Additionally, notwithstanding this arbitration provision, either party may seek emergency equitable relief before such courts in order to maintain the status quo pending the arbitrator’s ruling, and hereby agree to submit to the personal jurisdiction of such courts. A request for interim measures shall not be deemed a waiver of the right to arbitrate.

With the exception of subparts (iv) and (v) in the paragraph above (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, either subpart (iii) or (iv) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor Argent shall be entitled to arbitration. In the event this arbitration provision is held unenforceable by a court, or in the event AAA refuses to arbitrate the dispute, all controversies, disputes, demands, counts, claims, or causes of action between you and Argent shall be exclusively brought in the state or federal courts specified in subsection “(iv)” above.

For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at http://www.adr.org.

17. Termination.

This Agreement shall remain effective until terminated in accordance with its own terms and conditions. You agree that Argent, in its sole discretion, may terminate your password, account (in whole or in part), or use of the Site or Services, and remove and discard any Content within the Sites, at any time and for any reason. You agree that any actions taken under this Section may be effective without prior notice to you. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SITE OR SERVICES OR DELETION OF YOUR ACCOUNT OR YOUR SUBMISSION MATERIALS. In the event of termination, however, those Sections in this Agreement which, by their nature, survive termination of the Agreement shall so survive.

18. General Information.

This Agreement constitutes the entire agreement and understanding between you and Argent and governs your use of the Site and the Services, superseding any prior agreements between you and Argent. This Agreement and the relationship between you and Argent shall be governed by and construed in accordance with the laws of the State of Kansas, without regard to its conflict of law provisions. The failure of Argent to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severed herefrom and shall not affect the validity and enforceability of any remaining provisions. The section titles in this Agreement are for convenience purposes only and have no legal or contractual effect. This Agreement is not assignable, transferable or sub-licensable by you. However, we may assign this Agreement to any third party whom we choose without your consent and/or without notice to you. No waiver by Argent of any breach or default hereunder shall be deemed a waiver of any preceding or subsequent breach or default. You acknowledge that we have the right hereunder to seek an injunction, if necessary, to stop or prevent a breach of your obligations hereunder.

19. Electronic Communications.

You acknowledge and understand that (a) we can only give you the benefits of accessing the Site and using the Services by conducting business through the Internet, and therefore we need you to consent to our giving you Communications (defined below) electronically, and (b) this Section 19 informs you of your rights when receiving Communications from us electronically. For contractual purposes, you: (i) consent to receive communications from us in an electronic form and (ii) agree that all terms and conditions, agreements, notices, documents, disclosures, and other communications (“Communications”) that we provide to you electronically satisfy any legal requirement that such Communications would satisfy if they were in writing. Your consent to receive Communications and do business electronically, and our agreement to do so, applies to all of your interactions and transactions with us. The foregoing does not affect your non-waivable rights. You may also receive a copy of this Agreement. You may withdraw your consent to receive Communications electronically by contacting us in the manner described below. If you withdraw your consent, from that time forward, you must stop using the Site and Services. The withdrawal of your consent will not affect the legal validity and enforceability of any obligations or any electronic Communications provided or business transacted between us prior to the time you withdraw your consent. Please keep us informed of any changes in your email or mailing address so that you continue to receive all Communications without interruption.

20. Modification to Services.

We reserve the right to modify or discontinue the Site and any or all of the Services with or without notice to you. We will not be liable to you or any third party should we exercise our right to modify or discontinue the Site and/or any or all of the Services. If you object to any such changes, your sole recourse will be to cease access to the Site and/or Services, as applicable. Continued access to the Site and/or Services, as applicable, following notice of any such changes will indicate your acknowledgment of such changes and satisfaction with the Site and/or Services, as applicable, as so modified.

21. Amendments and Modifications of this Agreement.

Argent may amend or modify this Agreement from time to time and at any time. If any such amendment or modification is material, we will post notice of it on the Site’s home page or by email to Registered Users. Your access of the Site and use of the Services following any such amendment or modification shall be deemed your acceptance of such amendment and modification. You agree to review the Agreement periodically to be aware of such amendments and modifications.

Privacy Policy


Last revised: December 12, 2017

 

Argent provides a web-based solution for placing trailing stop-loss orders through your Robinhood account. Argent, LLC ("Argent""we" or "us") is committed to protecting your privacy. We have prepared this Privacy Policy to describe to you our practices regarding the Personal Information (as defined below) we collect from users of our website, located at trailingstoploss.com, ("Site") and related Services (as defined in the Terms of Use). If you simply browse the Site, you are referred to in this Privacy Policy as a "Visitor". If you have registered with the Site and receive Services, you are referred to in this Privacy Policy as a "Member". Capitalized terms not defined in this Privacy Policy have the meanings given in our Terms of Use located at https://www.trailingstoploss.com/policies#terms.

1. User Consent

By submitting Personal Information through our Site or Services, you agree to the terms of this Privacy Policy and you expressly consent to the collection, use and disclosure of the Personal Information in accordance with this Privacy Policy.

2. A Note to Users Outside of the United States.

If you are a non U.S. user of the Site or Services, by visiting the Site and/or providing us with information, you acknowledge and agree that your Personal Information may be processed for the purposes identified in the Privacy Policy. In addition, your Personal Information may be processed in the country in which it was collected and in other countries, including the United States, where laws regarding processing of Personal Information may be less stringent than the laws in your country. By providing your information, you consent to such transfer.

3. Children

Our Services and Site are not directed to children and children are not eligible to use our Services. Protecting the privacy of children is very important to us. We do not collect or maintain Personal Information from people we actually know are under 13 years of age, and no part of our Site or Services is designed to attract people under 13 years of age. If we later learn that a user is under 13 years of age, we will take steps to remove that user's Personal Information from our databases and to prevent the user from utilizing the Site and the Services.

4. Types of Information We Collect.

So that we are clear about the terminology we are using, when we refer to "Personal Information" we mean information that allows someone to identify or contact you, including, for example, your name, address, telephone number, e-mail address, as well as any other non-public information about you that is associated with or linked to any of the foregoing information. When we refer to "Anonymous Information" we mean information that is not associated with or linked to your Personal Information. Anonymous Information does not enable identification of or contact with individual persons.

  1. Information You Provide to Us.
    1. Visitors and Members
      1. If you provide us feedback or contact us via e-mail, we will collect your name and e-mail address, as well as any other content included in the e-mail, in order to send you a reply.
      2. When you participate in one of our surveys, we may collect additional information.
      3. We may also collect Personal Information on the Site or through the Services when we make clear that are we are collecting it and you voluntarily provide it, for example when you submit an application for employment.
    2. Members Only
      1. We may collect Personal Information from you, such as your first and last name, physical mailing address, phone, e-mail address, age, credit card number, ethnicity, gender, marital status, education level, interests, hobbies, password and Robinhood account credentials and account information when you create an account on the Site ("Account").
      2. In order to receive certain Services, you may provide a credit card number or other payment card information. Argent uses Stripe, Inc. to process orders for such services that are made through the Site. Therefore, such information will also be governed by Stripe, Inc.’s privacy policy, which can be viewed at https://stripe.com/us/privacy.
      3. In order to provide our Services, you may also provide us with Content (as defined in the Terms of Use)
      4. We retain information on your behalf, such as files and messages that you store using your Account and/or when you create a profile (your “Profile”).
  2. Information Collected via Technology.
    1. To make our Site and Services more useful to you, our servers (which may be hosted by a third party service provider) collect information from you, including your browser type, operating system, Internet Protocol (IP) address (a number that is automatically assigned to your computer when you use the Internet, which may vary from session to session), and domain name.
    2. We also use cookies and URL information to gather information regarding the date and time of your visit, the website URL you were visiting immediately before you came to our Site and the website URL you visit as you leave our Site and the information for which you searched and which you viewed. "Cookies" are small pieces of information that a website sends to your computer’s web browser while you are viewing a website. We may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience on our Site. Persistent Cookies can be removed by following Internet browser help file directions; please note that certain aspects of the Site or Services may not be available if the Persistent Cookies are removed.
    3. We may use third party service providers to help us analyze certain online activities. For example, these service providers may help us analyze visitor activity on the Site. We may permit these service providers to use cookies and other technologies to perform these services for us.
    4. If you are logged into the Site or Services, the information collected via technology as described in this Section may be associated with your Personal Information and will, accordingly, be treated as Personal Information in accordance with this Privacy Policy.
    5. We collect and store data generated by your placement and cancellation of orders through our Site.

5. Use of Personal Information

  1. Your Personal Information. In general, Personal Information you submit to us regarding you or your company is used either to respond to requests that you make, or to aid us in serving you better. We use such Personal Information in the following ways:
    1. to publish such Personal Information to Visitors and other Members of the Site and Services, but only when you make such Personal Information available in public areas of the Site and Services
    2. to facilitate communication with other Members of the Site and Services that you designate to receive your Personal Information when you communicate with them through the Site and Services
    3. to facilitate the creation of and secure your Account on our network;
    4. to identify you as a user in our system;
    5. to provide improved administration of our Site and Services;
    6. to provide the Services you request;
    7. to improve the quality of experience when you interact with our Site and Services;
    8. to send you a welcome e-mail to verify ownership of the e-mail address provided when your Account was created;
    9. to send you administrative e-mail notifications, such as security or support and maintenance advisories;
    10. to send you Account e-mail notifications, such as confirmations for placing and cancelling orders and using other Services;
    11. to respond to your inquiries related to employment opportunities or other requests;
    12. to make telephone calls to you, from time to time, as a part of secondary fraud protection or to solicit your feedback;
    13. to send newsletters, surveys, offers, and other promotional materials related to our Services and for other marketing purposes;
    14. if you have opted in, to share with other organizations to help them contact you for marketing purposes;
    15. to share with our affiliates as permitted by applicable law; and
    16. to market products, services and events to you that we believe may be of interest, both on and off the Site.
  2. Creation of Anonymous Information. We may create Anonymous Information records from Personal Information by excluding information (such as the name) that makes the information personally identifiable to the data subject. We use this Anonymous Information to analyze request and usage patterns so that we may enhance the content of our Services and improve Site navigation. Argent reserves the right to use Anonymous Information for any purpose and disclose Anonymous Information to third parties at its sole discretion.

6. Disclosure of Your Personal Information.

We disclose your Personal Information as described below and as described elsewhere in this Privacy Policy.

Visitors and Members of the Site.

As noted above in the How We Use Your Personal Information Section, we publish your Personal Information on the Site and Services on public areas of the Site and Services and facilitate communication with other Members of the Site as you direct us through the Services.

Third Party Service Providers.

We may share your Personal Information with third party service providers to: provide you with the Services that we offer you through our Site; conduct quality assurance testing; facilitate creation of Accounts; process any payments; provide technical support; and/or provide other services to Argent. These third party service providers are required not to use your Personal Information other than to provide the services requested by Argent. We may disclose certain Personal Information to third parties to whom you ask us to send Personal Information.

Third Party Brokers.

In addition, some of our Services may enable you to use third party APIs to make securities trades; this is the method by which your trades are sent to your Robinhood account. If you choose to do this, we will provide information to such APIs in accordance with your elections. You acknowledge and agree that you are solely responsible for your use of those websites and that it is your responsibility to review the terms of use and privacy policy of the third party provider of such APIs. We will not be responsible or liable for: (i) the availability or accuracy of such APIs; (ii) the content, products or services on or availability of such APIs; or (iii) your use of any such APIs.

Affiliates and Acquisitions.

We may share some or all of your Personal Information with our subsidiaries, joint ventures, or other companies under a common control ("Affiliates"), in which case we will require our Affiliates to honor this Privacy Policy. If another company acquires our company, business, or our assets (including in connection with a bankruptcy proceeding), that company will possess the Personal Information collected by us and will assume the rights and obligations regarding the Personal Information as described in this Privacy Policy. We may share some or all of your Personal Information in connection with or during negotiation of any merger, financing, acquisition or dissolution, transaction or proceeding involving sale, transfer, divestiture, or disclosure of all or a portion of our business or assets.

Other Disclosures.

Regardless of any choices you make regarding your Personal Information (as described below), Argent may disclose Personal Information if it believes in good faith that such disclosure is necessary (i) in connection with any legal investigation; (ii) to comply with relevant laws or to respond to subpoenas or warrants served on Argent; (iii) to protect or defend the rights or property of Argent or users of the Services; and/or (iv) to investigate or assist in preventing any violation or potential violation of the law, this Privacy Policy, or Terms of Use.

7. Third Party Websites.

When you click on a link to any other website or location, you will leave our Site and go to another site and another entity may collect Personal Information or Anonymous Information from you. We have no control over, do not review, and cannot be responsible for, these outside websites or their content. Please be aware that the terms of this Privacy Policy do not apply to these outside websites or content, or to any collection of information after you click on links to such outside websites.

8. Control of Your Personal Information

a. Choice.

We will periodically send you e-mails that directly promote the use of our Site or Services. When you receive newsletters or promotional communications from us, you may indicate a preference to stop receiving further communications from us and you will have the opportunity to "opt-out" by following the unsubscribe instructions: (i) provided in the e-mail you receive, (ii) on the Site or (iii) by contacting us directly (please see contact information below). Even if you opt-out of receiving marketing related email messages, we will continue to send you Service related communications, including notices related to your Account or any updates to our Terms of Use or Privacy Policy.

b. Changes to Personal Information.

You may change any of the Personal Information in your Account that you provide to us by editing your profile within your Account or by sending an e-mail to us at the e-mail address set forth below. You may request deletion of your Personal Information by us, but please note that we may be required to keep this information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements). When we delete any information, it will be deleted from the active database, but may remain in our archives. We may retain your information for fraud investigation or similar purposes.

c. Termination.

If you choose to close your Account, your profile and other public Personal Information will be removed from the site. Some activity, such as order history, will not be removed automatically and will only be removed at the discretion of Argent, as covered in the Terms of Use (Proprietary Rights and other sections).

9. Security of Your Personal Information.

Argent is committed to protecting the security of your Personal Information. We use a variety of industry-standard security technologies and procedures to help protect your Personal Information from unauthorized access, use, or disclosure. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while Argent uses reasonable efforts to protect your Personal Information, Argent cannot guarantee its absolute security. We also require you to enter a password to access your Account information. Please do not disclose your Account password to unauthorized people.

10. Response to “Do Not Track” Signals

Some Internet browsers include the ability to transmit “Do Not Track” signals. Since uniform standards for “Do Not Track” signals have not yet been adopted, Argent does not process or respond to “Do Not Track” signals.

11. Contact Information.

Argent welcomes your comments or questions regarding this Privacy Policy. Please e-mail us at <a href="mailto:support@trailingstoploss.com">support@trailingstoploss.com</a>.

12. Changes to This Privacy Policy.

This Privacy Policy is subject to occasional revision, and if we make any substantive changes in the way we use your Personal Information, we will notify you by sending you an e-mail to the last e-mail address you provided to us and/or by prominently posting notice of the changes on our Site. Further, if the changes are material, we will give you the opportunity to affirmatively consent to such changes. Any other changes to this Privacy Policy will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you or thirty (30) calendar days following our posting of notice of the changes on our Site. These changes will be effective immediately for new users of our Service. Please note that at all times you are responsible for updating your Personal Information to provide us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. In any event, changes to this Privacy Policy may affect our use of Personal Information that you provided us prior to our notification to you of the changes. Unless affirmative consent is requested, if you do not wish to permit changes in our use of your Personal Information, you must notify us prior to the effective date of the changes that you wish to deactivate your Account with us or that you desire a specific opt-out of disclosed uses in this Privacy Policy. Some opt-out requests may require Argent to deactivate your Account in its sole discretion. Continued use of our Site or Service, following notice of such changes shall indicate your acknowledgment of such changes and agreement to be bound by the terms and conditions of such changes.

 

Trademark Disclaimer


All product and company names are trademarks™ or registered® trademarks of their respective holders. Use of them does not imply any affiliation with or endorsement by them. Many items on this site are not in any way attached to, endorsed, or sponsored by their respective company trademarks.

Robinhood Financial LLC does not endorse and is not affiliated with Argent, LLC.