This site has been created to better assist customers of MarkeTrade, a service of WR Hambrecht + Co. by allowing them to access their account information. Your use of these services is governed by the terms of the Online User Agreement set forth below.

Generally Applicable Provisions

Your further access to this site and your use of any of the services provided hereby is governed by the terms of this Online User Agreement. Your ability to use specific services, such as the ability to access account information, quotes or other market information or to submit a trade may be further conditioned upon your agreeing to abide by additional terms and conditions relating specifically to such services. This Online User Agreement and any such additional terms and conditions as to which you have agreed are hereafter referred to collectively as the Agreement.

You acknowledge that, in providing you with access to this site and the services provided hereby, we have relied upon your agreement to be bound by the terms of the Agreement. You also acknowledge that all of the terms and conditions of your Account Agreement with us, and any margin, options or other agreements that you have entered into with us will continue to control the operations of your account with us and the terms of such agreements are incorporated herein by reference.

Authorized User

Only customers of MarkeTrade with a valid account number and password are authorized to use the services provided at this site.

Password

Your ability to further access this site and to use the services provided hereby requires your receipt from us of a unique account number and associated password. You hereby agree and acknowledge that you are responsible for the confidentiality and use of your password and account number and agree to maintain your password in the strictest confidence.

We will presume that any access to this site through use of your password is by you or your duly authorized agent. No person, including any of your agents, shall be permitted access to the site unless such person has executed a Limited Trading Authorization Form.  You agree that if you allow a third party to access this site and the services provided hereby, you will pay all commissions and fees incurred by such third party and that you will defend and indemnify us against any liability, damages, or costs, including costs of counsel, arising out of claims or suits by such third parties based upon or relating to such access and use. You further agree that you are responsible for any unauthorized use of your password that is made before you have notified us and we have had a reasonable opportunity to act on that notice. We reserve the right to suspend or cancel your password, even without receiving such notice from you, if we suspect that it is being used in an unauthorized or fraudulent manner.

Notwithstanding the above, you are responsible for monitoring your account and should promptly report any unauthorized or suspicious activity in your account to us by phone at 888-353-6676.

Notification of MarkeTrade, a service of WR Hambrecht + Co.

You should notify us by phone (and not by facsimile or e-mail) at 888-353-6676 whenever prompt notification is required. Without limiting the foregoing, you agree to immediately notify us by phone if:

• There is unauthorized use of your password or other security data;
• There is a discrepancy in the account balance, security position or order status associated with any of your account(s); or
• There is any other type of discrepancy or suspicious or unexplained occurrence relating to your account.

You hereby agree and acknowledge that if you fail to notify us promptly of the occurrence of any of the above conditions, we will not have any responsibility or liability for any claims relating to such matter.

Recording of Communications

You hereby consent and agree to the recording by us of any of your electronic communications or telephone conversations with us.

Limitations on Use

You acknowledge and agree that you are authorized to use the data, information and materials that are made available on this site only for your own, personal, non-commercial, needs and that you are not authorized to publish, retransmit, reproduce, or otherwise re-disseminate or commercially exploit any such data, information, or materials. You further agree not to delete copyright or other intellectual property rights notices from printouts of electronically accessed materials.

Service Availability

Access to this site and use of the services offered hereby is available 24 hours a day, 365 days a year. Services may be interrupted from time-to-time, however, to perform system and account maintenance. While every effort will be made to schedule such interruptions at times when the markets in the United States are closed and usage of these services is likely to be minimal, system upgrades or resolution of service problems may result in service interruptions at less convenient times.

No Guarantee

You acknowledge that we cannot guarantee the availability, reliability, accuracy, completeness, or timeliness of account information available through this site.

Security

You acknowledge that the transmission of data on the Internet is not secure and may be accessed by unauthorized third parties and therefore that we cannot guarantee the privacy, security or authenticity of users who access this site through the Internet. In order to minimize the risk of unauthorized access, you agree to use the "browser" software produced by third parties that support the Secure Socket Layer ("SSL") protocol and follow appropriate log on procedures when accessing this site. The supported browsers that currently support SSL protocol are Netscape 8.0 or higher and Explorer 6.0 or higher. You acknowledge that we are not responsible for notifying you of any upgrades, fixes or enhancements to any such "browser" software, for any compromise of data transmitted across the Internet, or for any unauthorized access.

Clearing Broker

You acknowledge that we have entered into a contractual arrangement with Penson Financial Services (Penson) for securities transactions execution and clearance services and that this site is provided pursuant to a license granted by Penson.

You acknowledge and agree that Penson is an intended third party beneficiary of the Agreement and shall be entitled to all rights, benefits and protections afforded to MarkeTrade under the terms of the Agreement to the same extent as if Penson had executed the Agreement in place of MarkeTrade.

No Warranty

MARKETRADE AND ITS OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, AFFILIATES, THIRD PARTY CONTENT OR INFORMATION PROVIDERS, LICENSORS OR OTHER SUPPLIERS PROVIDING DATA, INFORMATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, THE NEW YORK STOCK EXCHANGE, INC. AND THE FINANCIAL INDUSTRY REGULATORY AUTHORITY. (COLLECTIVELY, THE �DISSEMINATING PARTIES�), DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, REGARDING THE SERVICES PROVIDED THROUGH THIS SITE. SPECIFICALLY, NO WARRANTY IS GIVEN THAT THE SERVICE PROVIDED HEREBY WILL BE UNINTERRUPTED OR ERROR FREE; NOR IS ANY WARRANTY GIVEN AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS SITE, OR AS TO THE TIMELINESS, SEQUENCE, ACCURACY, COMPLETENESS, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR TRANSACTION PROVIDED THROUGH THIS SITE. THE SERVICES PROVIDED HEREBY MAY CONTAIN TECHNICAL AND OTHER ERRORS AND LIMITATIONS OR BE DELAYED AND are PROVIDED ON AN "AS IS" AND AS AVAILABLE BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, AND FITNESS FOR A PARTICULAR PURPOSE ALL OF WHICH ARE HEREBY EXPRESSLY DISCLAIMED. THE ENTIRE RISK OF USE IS ASSUMED BY YOU.

IN NO EVENT SHALL MARKETRADE ITS LICENSORS, SUPPLIERS, DIRECTORS, OFFICERS, EMPLOYEES, THE DISSEMINATING PARTIES OR ANY ONE ELSE INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE SERVICES PROVIDED HEREBY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, (SUCH AS, BUT NOT LIMITED TO, LOST PROFITS, TRADING LOSSES AND DAMAGES ARISING OUT OF THE USE, RESULTS OF USE, OR INABILITY TO USE THE SERVICES PROVIDED HEREBY), EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS.

Because some states do not allow the exclusion or limitation of warranties or of liability for consequential or incidental damages, the above may not apply to you. You may have additional rights that vary from state to state or by jurisdiction.

Indemnification

You agree to defend, indemnify and hold us, our licensors, suppliers, directors, officers, employees or agents harmless from and against any and all claims, losses, liability costs and expenses (including but not limited to attorneys' fees) arising from your violation of the Agreement or any third party's rights, including but not limited to infringement of any copyright or violation of any proprietary right. This obligation shall survive the termination of the Agreement.

Revisions

We may revise the terms of the Agreement. When we do so, we will notify you by posting a notice to such effect below the boxes where you enter your account number and password and by posting a revised version of the Agreement.

You hereby acknowledge and agree that your use of any of the services provided hereby following posting of notice of any revisions to the Agreement shall constitute acceptance of such revised terms and agreement to be bound thereby.

Termination

You hereby acknowledge and agree that we may, at any time and without prior notice to you, terminate your right to access this site or use any of the services provided hereby. In no event shall we have any liability to you on account of such termination.

Complete Agreement

The Agreement is the complete and exclusive statement of obligations and responsibilities of MarkeTrade to you and supersedes any other agreement or understanding, whether written or oral, by or on behalf of MarkeTrade relating to the provision and use of the services provided hereby.