rhythm: Here's some emails I received yesterday:
1. From Richard Urian at the Nasdaq:
Dear *****,
Thank you for your inquiry and comments. To help address particular concerns from TD Waterhouse clients regarding the execution of the Nasdaq Subscriber Agreement, please be advised that TD Waterhouse has recently added the following notice at the beginning of a user session, which will permit account holders access to their accounts:
"If you don't have time to read the agreement now or do not wish to sign it and you agree not to access real-time NASDAQ market data via WebBroker, you can proceed directly to your account by clicking on 'WebBroker'.
Note:
Re-confirmation of your non-use of real-time NASDAQ market data via WebBroker is required the next time you log in."
In addition, Nasdaq has provided the following clarification statement to TD Waterhouse regarding Section 7 of the Subscriber Agreement, and this can also be viewed on the TD Waterhouse website:
Nasdaq Subscriber Agreement Clarification Statement
"The Nasdaq Stock Market, Inc. requires each subscriber accessing real-time Nasdaq market information to execute the standard Nasdaq Consolidated Subscriber Agreement. The Nasdaq Agreement that TD Waterhouse customers are required to execute is a standard form that all online brokerage customers must execute in order to receive real-time Nasdaq data through their broker.
TD Waterhouse has recently received a number of inquiries from its customers expressing concerns regarding Section 7 of the Agreement. To assist with understanding the language contained in the Agreement, Nasdaq has provided the following statements to help interpret this section. For a non-professional subscriber (as defined in Section 1 of the Agreement), Nasdaq's record keeping requirement is that, upon Nasdaq's request, the subscriber make a good faith attempt to provide Nasdaq with information regarding the time period during which he or she had online access to real-time Nasdaq market data through TD Waterhouse (i.e., approximate start and stop dates for the service). Nasdaq would not expect the subscriber to provide any information on the type or amount of data that he accessed, the devices through which he accessed that data, or the specific dates on which he accessed data. With respect to the Subscriber making its physical premises available to Nasdaq for inspection, Nasdaq has never exercised this right under the contract with a non-professional subscriber. In the unlikely event that Nasdaq did request access to a subscriber's premises, the subscriber may deny the request. Nasdaq would limit its response to that event to termination of the subscriber's Subscriber Agreement and access to real-time Nasdaq market data through TD Waterhouse."
Thank you
2. From The Online Investor Complaint Center::
Dear *****,
If you're still interested in filing a complaint against TD Waterhouse, the following regulatory contacts should be helpful:
British Columbia Securities Commission
P.O. Box 10142, Pacific Centre
701 West Georgia Street
Vancouver, BC V7Y 1L2
Canada
bcsc.bc.ca
INVESTMENT DEALERS ASSOCIATION OF CANADA
Enforcement Division
ida.ca
INVESTMENT DEALERS ASSOCIATION OF CANADA
CONTACTS FOR COMPLAINTS AND INQUIRIES
ida.ca
Ontario Securities Commission
Inquiries & Contact Centre
20 Queen Street West, Suite 1903
Toronto, ON M5H 3S8
osc.gov.on.ca
ONTARIO SECURITIES COMMISSION
COMPLAINT FORM
osc.gov.on.ca
Please keep us and our Web site visitors up to date with the status of your complaint. And if you know other dissatisfied online investors, let them know that they can share their complaints with the world via our public guest book, which gets indexed in the major search engines.
If you need further help, feel free to contact us.
Regards,
Online Investor Complaint Center
investingcomplaints.com
(I deleted all the links to copyrighted material - I hope.)
I am going to draft one last well-organized letter, and send it to all of the above. I have access to my online account, and I told Richard at the Nasdaq I intentionally didn't use my own name when I "signed" the agreement (in case it ever comes back to haunt me, no-one can say I engaged in hiding my actions from anyone).
And life goes on.
canuck-l-head |
