These Terms of Use describe the terms and conditions applicable to your use of this website of Axos Clearing LLC (together with its parents, subsidiaries and affiliates, “Axos Clearing”) located at www.axosclearing.com (this “Website”). By accessing and using this Website, you assent to and agree to be bound by these Terms of Use. If you do not agree to all of these Terms of Use, do not use this Website.

Axos Clearing may modify this Website and these Terms of Use at any time. When Axos Clearing modifies these Terms of Use, modifications will be incorporated into this document and the “last updated” date at the top of these Terms of Use will be revised. Please check these Terms of Use periodically for changes. By continuing use of this Website after such changes are posted, you will be deemed to have accepted such changes.

Scope of Use

Axos Clearing invites you to view, use and download a single copy of this Website for your informational, non-commercial use to evaluate whether to enter into a business relationship with Axos Clearing, provided that you leave all the copyright, trademark, and other proprietary notices intact. Except as otherwise provided in these Terms of Use, no part of any content, information or software on or comprising this Website may be copied, downloaded or stored in a retrieval system for any other purpose or redistributed in any form or manner for any purpose without the express prior written permission of Axos Clearing. You understand that Axos Clearing may discontinue, change or restrict your use of this Website for any reason without notice.

By using this Website, you represent that you are at least 18 years old and are a United States resident or an entity incorporated and headquartered in the United States. If not, do not use this Website.

Furthermore, you represent that (i) your use of this Website will not be for any illegal purpose and (ii) you will not transmit via this Website any information, materials, or other content that (a) you do not have a right to transmit under any law or under contractual or fiduciary relationships or (b) is unlawful, deceptive, misleading, false, counterfeit, stolen, threatening, harassing, abusive, defamatory, or in violation of the personal privacy rights of another.

Axos Clearing collects information on, from and with respect to users of this Website who voluntarily submit such information through this Website, along with Website usage information.

Axos Clearing MAKES NO ASSURANCE, COMMITMENT OR GUARANTY TO EXTEND CREDIT TO OR ENTER INTO ANY BUSINESS TRANSACTION WITH ANY USER OF THIS WEBSITE. YOUR USE OF THIS WEBSITE OR SUBMISSION OF INFORMATION TO Axos Clearing, INCLUDING APPLICATIONS, BY OR THROUGH THIS WEBSITE, DO NOT CREATE OR RESULT IN ANY LEGALLY BINDING OBLIGATION, CONTRACT OR AGREEMENT ON, BY OR WITH RESPECT TO Axos Clearing OR ANY OF ITS AFFILIATES.

No Warranties

ALL CONTENT, INFORMATION AND SERVICES AVAILABLE ON OR THROUGH THIS WEBSITE ARE PROVIDED TO YOU ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT OR NON-INFRINGEMENT.

Axos Clearing MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, COMPLETENESS, RELIABILITY OR TIMELINESS OF ANY CONTENT OR INFORMATION AVAILABLE ON OR THROUGH THIS WEBSITE. YOU ARE RESPONSIBLE FOR VERIFYING ANY SUCH INFORMATION AND CONTENT BEFORE RELYING ON IT. USE OF THIS WEBSITE AND THE CONTENT, INFORMATION AND SERVICES AVAILABLE ON OR THROUGH THIS WEBSITE IS SOLELY AT YOUR RISK.

Axos Clearing MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THIS WEBSITE WILL BE UNINTERRUPTED, COMPLETELY SECURE, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL CONTENT. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT, INFORMATION OR SERVICE YOU MAY OBTAIN FROM OR THROUGH THIS WEBSITE IS FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS.

Limitation of Liability

YOUR USE OF THIS WEBSITE OR ANY CONTENT, INFORMATION OR SERVICES AVAILABLE ON OR THROUGH THIS WEBSITE IS AT YOUR OWN RISK. Axos Clearing SPECIFICALLY DISCLAIMS, FOR ITSELF AND ITS EMPLOYEES, AFFILIATES AND AGENTS, ANY AND ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH OR RELATING TO ACCESS TO, USE OF OR INABILITY TO USE THIS WEBSITE, ITS CONTENT OR INFORMATION OR THE SERVICES OBTAINED THROUGH USE OF THIS WEBSITE, EVEN IF Axos Clearing HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE FOREGOING DISCLAIMER AND LIMITATION OF LIABILITY INCLUDES, BUT IS NOT LIMITED TO, DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH (i) RELIANCE BY ANY PERSON OR ENTITY ON ANY CONTENT, INFORMATION OR SERVICES AVAILABLE ON OR OBTAINED THROUGH THE USE OF THIS WEBSITE, (ii) MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, (iii) INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THIS WEBSITE, OR (iv) VIRUSES OR OTHER HARMFUL COMPONENTS, IN EACH CASE WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS OR CHANGES TO THIS WEBSITE, OR RELATED INFORMATION OR PROGRAMS OR OTHERWISE.

Trademarks and Service Marks

Axos Clearing® are registered service marks of Axos Clearing. Unauthorized use of any of Axos Clearing’s trademarks, service marks or logos may be a violation of federal and state trademark laws.

Copyright

This Website is protected by U.S. and foreign copyright laws. Copyright in the pages, screens, text and images appearing on this Website is owned by Axos Clearing or its licensors unless otherwise specifically noted. Except for your informational, non-commercial use as authorized in the “Scope of Use” section above, you may not modify, reproduce, use, disclose or distribute without Axos Clearing’s prior written permission (a) the design or layout of this Website, (b) individual sections of the design or layout of this Website, (c) content, information or software available on or through this Website, or (d) Axos Clearing’s logos, trademarks or service marks.

Links

Links to other websites operated by other persons or entities are included as a convenience to you. Axos Clearing makes no representation regarding the content, information or accuracy of any other website which you may access through this Website. Axos Clearing is not responsible for the services, information, software, content, products or advice found on or through other websites, which are linked or accessed from this Website. When you access any such linked websites, your rights and obligations will be governed by the agreement, if any, and policies that apply to the use of those websites. The existence of these links on this Website does not imply endorsement or recommendation or sponsorship for or of any such linked websites or the services, information, software, content, products or advice described on or found on or through those linked websites. The views, opinions, statements, offers or other information, services, software, content, products or advice expressed in or through those other linked websites are those of the respective author(s) or distributor(s) of such linked website and not of or attributable to Axos Clearing. While Axos Clearing tries to make clear when you are linking to another website, you can double check which website you are in by looking at the URL in your browser’s address field to determine if you have moved from this Website to a linked website. If the URL does not contain staging.cor-clearing.flywheelsites.com, you are no longer in this Website.

Unless otherwise set forth in a written agreement between you and Axos Clearing, you must adhere to Axos Clearing’s linking policy as follows: (i) the appearance, position and other attributes of the link may not be such as to damage or dilute the goodwill associated with Axos Clearing’s names and trademarks; (ii) the link must “point” to the URL staging.cor-clearing.flywheelsites.com and not to other web pages within the Website (unless you receive permission from Axos Clearing to do so); (iii) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with Axos Clearing; (iv) when selected by a user, the link must display the Website on full-screen and not within a “frame” on the linking website; and (v) Axos Clearing reserves the right to revoke its consent to the link at any time and in its sole discretion.

Employment Opportunities

Axos Clearing is committed to the principles of equal employment opportunity. Applicants are considered for all positions without regard to race, sex, sexual orientation, color, religion, national origin, age, disability (so long as such disability can be reasonably accommodated) or any other status protected by applicable law.

E-mail

E-mail and other submissions (including but not limited to resumes) over the Internet may not be secure and are subject to risk of interception by third parties. Please consider this fact before e-mailing or submitting any personal or confidential information via this Website.

Location & Governing Law & Miscellaneous

These terms and conditions shall be governed and construed in accordance with the laws of the State of California, without regard to conflict-of-laws provisions. This Website is operated by Axos Clearing from the United States of America. Axos Clearing makes no representation or warranty that the information in this Website is appropriate or available for use in other locations, and access to this Website from territories where the content of this Website may be illegal is prohibited. If you access this Website from other locations, you do so on your own initiative and you are responsible for compliance with applicable local laws. Axos Clearing disclaims any responsibility for compliance with any such laws in such circumstances. These Terms of Use and all documents incorporated herein by reference constitute the entire agreement between Axos Clearing and you with respect to this Website. In the event any portion of these Terms of Use or any other provision of this Website is determined to be unenforceable, invalid or void by a court of competent jurisdiction, the remaining provisions shall remain valid and enforceable without any effect on their validity and enforceability.

Violations and Additional Policies

Axos Clearing reserves the right to seek all remedies available at law and in equity for violations of the rules and regulations set forth in these Terms of Use or elsewhere in this Website, including the right to block access from a particular Internet address to this Website. You acknowledge that any violation of the rules and regulations set forth in these Terms of Use or elsewhere in this Website will cause irreparable injury to Axos Clearing and remedies at law may be inadequate to protect Axos Clearing against any such actual or threatened breach. You agree to the granting of equitable relief, including injunctive relief and specific performance, in Axos Clearing’s favor without posting bond or the need to prove actual damages. Any such equitable remedy shall not be deemed to be the sole and exclusive remedy of Axos Clearing hereunder but shall be in addition to all other remedies available to Axos Clearing at law or in equity.

You agree to indemnify and hold Axos Clearing and its subsidiaries, affiliates, officers, agents, partners, and employees, harmless from any claim, action, demand, loss or damages (including reasonable attorneys’ fees) arising out of or related to your use of this Website, any violation of these Terms of Use by you, or any violation of any rights of any person by you.

No failure or delay by Axos Clearing in exercising any right, power or privilege under these Terms of Use will operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise of any right, power or privilege hereunder. No provision of these Terms of Use can be waived or amended except by the written consent of Axos Clearing.

These Terms of Use are binding on any and all users of this Website.