Locates Service Site Terms of Use

Your access to and use of this website/portal and the third party “Stock Locate” service offered in connection therein (the “Site”) are expressly conditioned on your acceptance of the terms of use set forth herein (the “Terms of Use” or “Terms” or “The Agreement”). By using this Site, you expressly agree to the terms as disclosed herein. The terms of use of this Agreement apply to you, either as a representative or customer of your Correspondent broker dealer (“Correspondent”), a Correspondent which clears through Axos Clearing LLC (“Axos Clearing”). This Agreement also applies to Correspondent, and use of this Site by you shall represent confirmation to Axos Clearing that you are an authorized representative or customer of Correspondent or have otherwise been duly granted authorization by Correspondent to have access to this Site in the first instance.

Disclaimer of Warranties. Axos Clearing, in providing access to this Site, does not guarantee the reliability or accuracy of any of the information provided on or through the Site. The Site and its content are provided by Axos Clearing on an “as is” basis, and Axos Clearing hereby disclaims, to the fullest extent permitted by applicable law, any and all conditions, warranties or other terms, express or implied, including without limitation, any warranties of title, non-infringement, satisfactory quality, merchantability and fitness for a particular purpose. Without limitation of the foregoing, Axos Clearing does not warrant that the functioning of this Site will be uninterrupted or error-free, that defects will be corrected, or that this Site or its associated systems will be free of viruses or other harmful elements.

Limitation of Liability. In no event shall Axos Clearing be liable to you or to any third party for any damages of any kind arising in any manner, directly or indirectly, in connection with your access to or use of the Site (collectively, “Losses”), and you hereby expressly and irrevocably waive, to the fullest extent permitted by applicable law, any right to seek or recover such Losses. Without limitation of the preceding sentence, Axos Clearing shall not be liable for any direct, special, incidental, indirect, punitive or consequential Losses (including, but not limited to, lost profits, loss of business or data or loss of goodwill) arising in connection with your use of the Site, even if Axos Clearing or any other party shall have been advised of the possibility thereof.

Grant of License. This Site is provided as an information service. All information is displayed as supplied to Axos Clearing by a third party. Axos Clearing is not responsible for the accuracy of the data supplied to it or you in connection with this Site. You may use the information available on this Site but may not sell, rent, lend or lease the information available on this Site. Any attempted transfer of possession terminates your authorization to use this Site. No transferee or other party shall be licensed or authorized under the terms of this Agreement except upon acceptance of this Agreement.

General Restrictions on Use. The information provided on this Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Axos Clearing or its affiliates to any registration requirements within such jurisdiction or country. You may not use this Site for any illegal purpose or in any manner inconsistent with these Terms of Use. You are responsible for ensuring that your access to and use of the Site is in accordance with all applicable laws and regulations. You may not distribute any content contained on the Site. All rights not expressly granted herein are reserved.

Entire Agreement. This Agreement constitutes the entire agreement between you and Axos Clearing with respect to the subject matter hereof, and supersedes all prior agreements and understandings, oral or written, with respect hereto.

Governing Law and Jurisdiction. The interpretation and enforcement of these Terms of Use shall be governed by the laws of the State of New York, without regard to its conflicts of law provisions. Any action arising from, relating to, or in connection with these Terms of Use or your access to or use of the Site shall be brought and litigated exclusively in the appropriate federal or state courts located in New York and you hereby irrevocably consent and submit to, and waive in advance, any objection to such jurisdiction and venue.

Authorization/Use You acknowledge that you are responsible for protecting the confidentiality of your password(s). Passwords are personal to you and not transferable to any other user and may be revoked or cancelled at any time. You are liable for and agree to indemnify Axos Clearing for any and all transactions effected through the Site using your password.

Privacy. Axos Clearing protects user information and complies with all applicable Regulation S-P requirements. For a detailed description of Axos Clearing’s privacy policies please see https://axosclearing.com/wp-content/uploads/2018/05/Privacy_Notice_COR_Clearing-1.pdf and refer to Correspondent’s fully disclosed clearing agreement with Axos Clearing or your Customer Agreement, as may be applicable.

Termination. This Agreement and your rights to access this Site may be terminated by Axos Clearing at any time and without notice. You agree to pay fees for the use of this Site in accordance with the applicable fees as disclosed in connection with this Site and/or Correspondent’s fully disclosed clearing agreement with Axos Clearing. You agree that payment for the use of this Site may be withheld in the same manner as payment for other services under Correspondent’s fully disclosed clearing agreement with Axos Clearing or any other agreement between you and Axos Clearing.

For questions about these terms or about your service, please contact Axos Clearing at 732-632-2060 or your Correspondent.