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Terms & Conditions

This website is offered to you, the user, conditioned on your acceptance without modification of the terms, conditions and notices contained herein. Your use of this website constitutes your agreement to all such terms, conditions and notices. Hilltop Securities Inc. (“HTS”) may at any time change or modify the terms and conditions applicable to your use of this website, or to any aspect or feature of the website itself.

The information provided in this website is intended for your personal and noncommercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, products or services obtained from this website. Neither HTS, its affiliates, information providers nor content providers shall have any liability to you or third parties for the accuracy, completeness, timeliness or correct sequencing of information available on this website, or for any decision made or action taken by you in reliance upon such information, or for the delay or interruption of such information.

You should always consult your Financial Advisor or other authorized representative to establish actual stock prices before making any stock trades or other financial decisions. HTS, its affiliates, information providers and content providers shall have no liability for investment decisions or other actions taken or made by you based on the information provided on this website.

The information available on this website is provided on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability and fitness for a particular purpose, title or non-infringement. In no event will HTS, its affiliates, information providers or content providers be liable to you or any third party for any direct, indirect, consequential, incidental, punitive or special damages including but not limited to lost profits arising out of or in any way connected with the use of this website, or with the delay or inability to use this website, or for any information, products or services obtained through this website, whether based in contract, tort, strict liability, or otherwise, even if HTS, its affiliates, information providers or content providers have been advised of the possibilities of damages.

In compliance with NASD Rule 2340, which requires us to provide valuations and disclosures relating to direct participation program (DPP) and real estate investment trust (REIT) securities on customer statements, we have chosen to provide an estimated value for each security from one of the following sources: 1) annual report 2) outside service or 3) other source. These estimated values have been developed from data that is as of a date no more than 18 months prior to the date of this statement. Further, please note that DPP or REIT securities are generally illiquid, and that the estimated value may not be realized when the investor seeks to liquidate the security.ht:bold">Your Assets held outside Hilltop Securities, Inc. (Outside Holdings) - You may purchase certain assets through HTS which will be held at a custodial institution other than HTS (“Outside Holdings”). Balances for your Outside Holdings are provided for your convenience and to give you an overall view of your investments through HTS. Information provided to you in the Outside Holdings section of your customer statement has been inc - You may purchase certain assets through HTS which will be held at a custodial institution other than HTS (“Outside Holdings”). Balances for your Outside Holdings are provided for your convenience and to give you an overall view of your investments through HTS. Information provided to you in the Outside Holdings section of your customer statement has been included on a best efforts basis. HTS does not guarantee the accuracy of the information with respect to the value of the investments as reflected on your statement. The value shown represents an estimated value of the assets provided by sources other than HTS. Outside Holdings are not covered by SIPC protection. The Outside Holdings custodial institution is responsible for providing year-end tax reporting (1099’s), and will also provide separate periodic statements, which may vary from our information due to different reporting periods. Please review this information to ensure that the displayed information is relevant to this particular customer account. If you believe any information requires updating or correction or you wish to "opt out" of having any information displayed, please contact your Financial Advisor.


ClientEXP Online Usage Agreement


For purposes of this Online Usage Agreement, "you" refers to the owner (or in the case of a joint account, co-owners) of an account or account(s) with HTS and/or Broker/Dealers for which it clears (“Correspondent”). HTS, and “we,” “us” and “ours” refers to HTS and Correspondent and each of them. Upon authorization by Correspondent and/or HTS, you may be authorized to access a website (the "Site") to view information concerning your account and/or to conduct online trading and other activities with respect to your account(s). The services provided to you by HTS hereunder are referred to as the “Services,” and the ClientEXP software, and any other software provided to or accessed by you for the purpose of conducting online trading and other activities with respect to your account(s), is referred to as the “Software.” In consideration of HTS authorizing you to use the Site and the Services, you hereby agree to the terms and conditions set forth in this Agreement.

1. Account Holder.

You certify that you have previously established account(s) with us, and have signed and entered into Account Agreement(s) (Customer Agreement, Joint Account Agreement, Margin and Short Account Customer Agreement and /or Customer Option Agreement) with us, and that the terms of such agreement(s) are incorporated herein, including but not limited to provisions relating to arbitration and limitations of liability.

2. Use of Software.

Your use of the Software is strictly limited to personal use, provided that your use of the Software is (1) used on only one electronic device at any one time, (2) used by only one user at any one time, and (3) used only for the purpose of viewing account information, and if authorized, conducting online trading and other activities with respect to your account(s) with us. You agree that you shall immediately cease to use the Software in the event that your account(s) are closed, your authorization to use the Software and access the Site is terminated for any reason, or you are requested by us to cease use of the Software. If any of these events occur, you agree to immediately delete all copies of the Software from the electronic device on which it has been installed, and to destroy or return to HTS all copies of the Software in your possession, if any.

The contents of the Site and the Software are protected under U.S. copyright laws. You may not modify, rent, lease, loan, sell, distribute, or create derivative works, based in whole or in part on the Site or the Software. All other use or copying of the Software or is strictly prohibited. You acknowledge that the Software contains trade secrets of certain persons (the "Software Originators"). You agree to take all reasonable steps to protect the Software from disclosure. You may not modify, translate, reverse engineer, reverse compile, disassemble or make derivative works from the Software.

3. Financial Information.

Financial and other information (“Information”) displayed on the Site and through use of the Software (including but not limited to market data and messages disseminated by or to any party) is provided by participating securities exchanges, other third parties and, in certain limited instances, by HTS or its affiliates (together, the “Information Providers”). You acknowledge that the Information is the property of the Information Providers and is protected by copyright or contractual restrictions on its use, or both. You agree not to reproduce, retransmit, disseminate, sell, distribute, publish, broadcast, circulate or commercially exploit the Information in any manner without the express written consent of HTS and the Information Providers. Notwithstanding the foregoing, and provided that such does not conflict with your contractual obligations to the Information Providers, you may make single copies of Information displayed through your use of the Software and access to the Site, so long as the copies retain the copyright or other notices contained on or associated therewith, and so long as such copies are only for your own personal, non-commercial use.

4. Disclaimers of Warranty; Limitations on Liability.

NEITHER HTS, THE SOFTWARE ORIGINATORS NOR THE INFORMATION PROVIDERS GUARANTEES THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, CONTENT OR CORRECT SEQUENCING OF THE INFORMATION. YOU ACKNOWLEDGE THAT THERE MAY BE DELAYS, OMISSIONS, ERRORS OR INACCURACIES IN THE PROVISION OF THE INFORMATION, AND THAT NEITHER HTS, THE SOFTWARE ORIGINATORS NOR ANY INFORMATION PROVIDER WARRANTS THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU AGREE THAT HTS, THE SOFTWARE ORIGINATORS AND THE INFORMATION PROVIDERS SHALL NOT HAVE ANY LIABILITY, CONTINGENT OR OTHERWISE FOR THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, CONTENT OR CORRECT SEQUENCING OF THE INFORMATION OR FOR ACTIONS TAKEN OR DECISIONS MADE BY YOU IN RELIANCE UPON THE INFORMATION OR FOR ANY INTERRUPTION OF ANY DATA, INFORMATION OR ACCESS TO THE SOFTWARE, THE SITE OR THE SERVICES. SHOULD ANY INFORMATION PROVE INCORRECT OR DEFECTIVE, YOU (AND NOT HTS, ITS AFFILIATES, THE SOFTWARE ORIGINATORS OR THE INFORMATION PROVIDERS) ASSUME THE ENTIRE RESPONSIBILITY FOR ITS USE. NEITHER HTS, THE SOFTWARE ORIGINATORS NOR ANY INFORMATION PROVIDER SHALL BE LIABLE, AND YOU AGREE TO INDEMNIFY AND HOLD HARMLESS HTS AND THE INFORMATION PROVIDERS FOR: (1) ANY INACCURACY, ERROR OR DELAY IN, OR OMISSION OF INFORMATION OR THE TRANSMISSION, DELIVERY OR CONTENT OF INFORMATION, OR (2) ANY LOSSES OR DAMAGES OCCURING FROM OR OCASSIONED BY ANY SUCH INCCURACY, ERROR OR DELAY OR OMISSION, (3) NON-PERFORMANCE OR (4) INTERRUPTION IN ANY INFORMATION, DUE EITHER TO ANY ACT OR OMISSION (NEGLIGENT OR OTHERWISE) BY HTS, THE SOFTWARE ORIGINATORS OR AN INFORMATION PROVIDER OR TO ANY “FORCE MAJUERE” (E.G. FLOOD, EXTRAORDINARY WEATHER CONDITION, EARTHQUAKE OR OTHER ACT OF GOD, FIRE, WAR, INSURRECTION, RIOT, LABOR DISPUTE, ACCIDENT, ACTION OF GOVERNMENT, OR FAILURE OR MALFUNCTION OF COMMUNICATIONS, POWER, EQUIPMENT OR SOFTWARE) OR ANY OTHER CAUSE BEYOND THE REASONABLE CONTROL OF HTS, THE SOFTWARE ORIGINATORS OR AN INFORMATION PROVIDER.

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SOFTWARE, THE SITE AND THE SERVICES IS AT YOUR SOLE RISK. THE SOFTWARE, THE INFORMATION AND ALL ASPECTS OF THE SERVICE (INCLUDING BUT NOT LIMITED TO ORDER EXECUTION) ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY HTS OR ANY OF ITS EMPLOYEES OR AGENTS, OR ANY INFORMATION PROVIDERS SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE.

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE OR GROSS NEGLIGENCE, SHALL HTS, THE SOFTWARE ORIGINATORS OR THE INFORMATION PROVIDERS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR INDIRECT DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, TRADING LOSSES, AND DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY OR LOSS OF THE USE OF THE SOFTWARE, THE SITE OR THE SERVICES) EVEN IF HTS, THE SOFTWARE ORIGINATORS OR THE INFORMATION PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. IN ANY AND ALL EVENTS, YOU AGREE THAT THE LIABILITY OF HTS, THE SOFTWARE ORIGINATORS AND THE INFORMATION PROVIDERS ARISING OUT OF ANY KIND OF LEGAL CLAIM (WHETHER IN CONTRACT, TORT, OR OTHERWISE) IN ANY WAY CONNECTED WITH THE SOFTWARE AND DOCUMENTATION, THE SITE AND/OR THE SERVICES WILL NOT, UNDER ANY CIRCUMSTANCES, EXCEED THE AMOUNT, IF ANY, YOU ORIGINALLY PAID FOR THE SOFTWARE AND ACCESS TO THE SITE.

SOME STATES DO NOT PERMIT LIMITATIONS ON THE DURATION OF IMPLIED WARRANTIES, THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO THAT THESE DISCLAIMERS AND LIMITATION MAY NOT APPLY TO YOU.

5. Responsibility for Logon and Password.

You acknowledge that you are the sole and exclusive owner and the only authorized user of any logon and password (such as Username, login password and/or trading password) you have or may receive during the course of this Agreement which provides access to your account. You accept sole responsibility for the confidentiality, protection and use of such logon and password as well as for all orders and information changes (such as address changes) entered into your account(s) using your password(s). You acknowledge and agree that you will be solely responsible for all third party access to your account(s) which you authorize, orders, information changes and other transactions entered into the Service using your password(s) or by any third party authorized by you, and that HTS will deem all orders and transactions so received to have been received from you.

6. Responsibility for Monitoring Account.

You accept full responsibility for monitoring your account. You agree, as a condition to your use of the Software, the Site and the Service, that you will immediately notify HTS if (a) an order has been placed through the Service and you have not received an order number or an accurate acknowledgement of the order or of its execution (whether through mail, electronically or verbally) (b) you have received acknowledgment, (whether through mail, electronically or verbally) of an execution for an order which you or your authorized third party did not place, or any inaccurate or conflicting report concerning your account balances, securities positions or transaction history; (c) you have not received an accurate written confirmation of an order or its execution within five (5) business days after transmitting the order through the Service; or (d) you become aware of any loss, theft or unauthorized use of your logon and password and/or account number.

7. Orders.

You acknowledge and agree that not all trades will be executed concurrently with the orders placed. You acknowledge and agree that you will receive the price at which your order executes in the marketplace, which may be different from the price at which the security is trading when you enter your order.

8. General.

If any provision of this Agreement is held to be invalid, void or unenforceable by reason of any law, rule, administrative order or judicial decision, that determination shall not affect the validity of the remaining provisions of this Agreement. You agree that HTS may modify or alter the Software, the Site or the Services at any time, in whole or in part, without notice. You further agree that HTS may modify the terms and conditions of this Agreement at any time upon providing notice to you via mail, electronic communication or publication on the Site. Except as specifically provided herein, no provision of this Agreement can be, nor be deemed to be, waived, altered, modified or amended unless agreed to in writing by an authorized officer of HTS. This Agreement, together will all other written agreements between you and HTS related to your account(s) and terms contained on statements and confirmations sent to you, contains the entire understanding and agreement between you and HTS concerning the subject matter of this Agreement. The heading of each provision of this Agreement is for descriptive purposes only, and shall not be deemed to modify or qualify any of the rights or obligations set forth in such provision. This Agreement shall be construed in accordance with the substantive laws of the State of Texas, without reference to the choice of law provisions thereof.