1. I agree as follows with respect to the Account, which I have established with you for the purchase, sale or carrying of securities or contracts relating
thereto and/or the borrowing of funds.
2. I am of legal age and no one except the signatories of the Account has any interest in the Account.
3. All transactions for my Account shall be subject to the constitution, rules, regulations, customs and usages of the exchange or market where executed.
4. I agree that, in giving orders to sell, all "short" sale orders will be designated as "short" and all "long" sale orders will be designated as "long" and
that the designation of a sell order as "long" is a representation on my part that I own the security and, if the security is not in your possession or if
it is then impracticable to deliver the security to you forthwith, that I will deliver it as soon as possible.
5. Reports of the execution of orders and statements of my account shall be conclusive if not objected to within five days and ten days,
respectively, after transmittal to me by mail or otherwise.
6. At any time and from time to time you may, at your discretion, without notice to me, apply and/or transfer any securities, commodities, contracts
relating thereto, or any other property or equity therein, interchangeably between any of my accounts, whether individual or joint, and from any of
my accounts to any account guaranteed by me.
7. In consideration of your sending any mail to me in care of a Post Office Box Address or a third party, I hereby agree that "all correspondence of
any nature whatsoever" sent to me in such address will have the same force and effect as if it had been delivered to me personally. I have listed
my permanent address on the New Account Application.
8. To help the government fight the funding of terrorism and money laundering, Federal law requires all financial institutions to obtain, verify, and
record information that identifies each person who opens an account. In order to open an account, I will provide information that will allow you to
identify me including, but not limited to, my name, address, date of birth, and my driver's license or other identifying documents.
9. This agreement contains a pre dispute arbitration clause. By signing an arbitration agreement the parties agree as follows:
a. All parties to this agreement are giving up the right to sue each other in court, including the right to a trial by jury, except as provided by
the rules of the arbitration forum in which a claim is filed.
b. Arbitration awards are generally final and binding; a party's ability to have a court reverse or modify an arbitration award is very limited.
c. The ability of the parties to obtain documents, witness statements and other discovery is generally more limited in arbitration than in court
proceedings.
d. The arbitrators do not have to explain the reason(s) for their award.
e. The panel of arbitrators will typically include a minority of arbitrators who were or are affiliated with the securities industry.
f. The rules of some arbitration forums may impose time limits for bringing a claim in arbitration. In some cases, a claim that is ineligible for
arbitration may be brought in court.
g. The rules of the arbitration forum in which the claim is filed, and any amendments thereto, shall be incorporated into this agreement.
I agree that any and all controversies that may arise between or among me, you, and/ or your clearing firm, or any of their respective officers,
directors, employees, agents, subsidiaries, or affiliates, including, but not limited to, those arising out of or relating to transactions contemplated
hereby, the account established hereunder, any activity or claim related to the Account, or the construction, performance, or breach of this or any
other agreement between or among us, whether entered into prior, on or subsequent to the date hereof, shall be determined by arbitration. Any
arbitration under this agreement shall be conducted before the New York Stock Exchange LLC ("NYSE") or FINRA Dispute Resolution, Inc. ("FINRA
DR"), and in accordance with its rules then in force. I may elect in the first instance whether arbitration shall be conducted before the NYSE or
FINRA DR, but if I fail to make such election, by registered letter or telegram addressed to you at your main office, before the expiration of five days
after receipt of a written request from you to make such election, then you may make such election. Judgment upon the award of arbitrators may be
entered in any court, state or federal, having jurisdiction.
No person shall bring a putative or certified class action to arbitration, nor seek to enforce any pre-dispute arbitration agreement against any person
who has initiated in court a putative class action; or who is member of a putative class who has not opted out of the class with respect to any claims
encompassed by the putative class action until: (i) the class certification is denied; or (ii) the class is decertified; or (iii) the customer is excluded
from the class by the court. Such forbearance to enforce an agreement to arbitrate shall not constitute a waiver of any rights under this agreement
except to the extent stated herein.
10. Investment Objective Definitions: Capital Preservation - a conservative investment strategy characterized by a desire to avoid risk of loss; Income -
strategy focused on current income rather than capital appreciation; Growth - investing in stocks with strong earnings and/or revenue growth or
potential; Speculation - taking larger risks, usually by frequent trading, with hope of higher than-average gain. All strategies involve various types
and levels of risk, the most common of which are market, credit, inflation, business and interest rate.
11. This agreement shall inure to the benefit of you and your clearing firm's successors and assigns, shall be binding on the undersigned, his heirs,
executors, administrators and assigns and shall be governed by the laws of the State of New York, without reference to its choice of law doctrine. I
may not assign my rights or delegate my obligations under this agreement, in whole or in part, without your prior written consent. I understand that
if any term of this agreement is found to be invalid or unenforceable, all other provisions will remain in force. This agreement may be amended
upon written notice from you. I agree that your failure to insist on strict compliance with this agreement is not considered a waiver of your rights
under this agreement. At your discretion, you may terminate this agreement at any time on notice to me. I understand, however, that I will continue
to be responsible for any obligation incurred by me prior to termination.
12. I understand you have the right to request a deposit or delivery of securities before executing a securities transaction. You have the right to refuse
to execute securities transactions for me at any time and for any reason. I understand and agree that securities I purchase will be paid in full by the
settlement date. I understand that you will have a general lien against my assets held by you for the discharge of my obligations to you. For any
securities transactions not settled by the settlement date, you shall have the right, with or without demand or notice to me, to sell securities
purchased by public or private sale or purchase those securities with or without advertisement. I grant you the right of set-off. I agree to satisfy,
upon demand, any indebtedness to you, including any interest, commission charges, and fees. I further agree to pay any loss, cost, and expense
you may incur, including reasonable attorney's fees, (i) to collect any amount I owe you for failure to settle any securities transactions properly and
for any other reason and (ii) to reimburse you if you become party to any action arising out of my securities transactions. I understand that,
because of circumstances beyond a broker-dealer's control, its customers' voting rights in securities they have recently purchased may be impaired
or denied. For example, if the stock your customers have recently purchased has not yet been received from the seller(s), then the customers'
votes might be disregarded or discounted until you receive their shares.
13. I understand that you have entered into a fully disclosed clearing agreement with Penson Financial Services, Inc. ("Clearing Firm")
pursuant to which Clearing Firm may perform certain transaction processing, clearing, custodial, and financing functions for you with respect to the
Account. I understand that Clearing Firm does not control, audit, or otherwise supervise your activities, does not verify information I provide to you
regarding the Account or transactions processed for the Account, and does not undertake responsibility for reviewing the appropriateness of
transactions entered by you on my behalf. I agree that you are not an agent of Clearing Firm, that Clearing Firm is not your agent, and that I will in
no way hold Clearing Firm, or its officers, directors, employees and agents liable for any trading losses that I may incur. I agree that Clearing Firm
is a beneficiary of my representations, warranties, acknowledgments, and covenants in this agreement (including, without limitation, my
authorizations, indemnifications, waivers, and releases) to the same extent as if they were made directly by me to Clearing Firm. And I agree that
Clearing Firm, in its own name and for its own benefit, shall be entitled to exercise and enforce directly against me such provisions and all other
rights granted to you.
14. Joint Account Holders: If there is more than one account holder, each account holder is jointly and severally liable for obligations arising under this agreement. Each joint account holder, acting alone and without notice to any other account holder, has the authority to deal with us fully and completely. We will follow the instructions of any joint account holder and we will not be responsible for determining the purpose or propriety of any instruction received from any joint account holder. We reserve the right to acquire written instructions from all account holders, at our discretion. Any notice sent to one account holder will be deemed to be notice to all account holders.
15. I authorize Penson Financial Services to obtain a consumer report at the time of
application to verify my creditworthiness and to obtain a consumer
report from time to time for updates, renewals, extensions, and
collection activity on any approved account. Penson Financial Services will
disclose to me whether it obtained a report, and if so, the name and
address of the consumer-reporting agency that provided it. In the event
that my account is denied, as a result of the consumer report
verification, I authorize Penson Financial Services to provide to my introducing
broker the reason(s) for such denial.
16. In order to protect against identity theft and fraudulent activity in my account, I agree to be responsible for the protection of my user name and password. My broker, York Securities, Inc, will not be held responsible for any liability resulting from identity theft or fraudulent activity in my account.
17. I understand and acknowledge that:
a. Penny stocks (any equity security in which the bid and ask price of the security is less than $5 a share) are generally considered high-risk investments and should be purchased purely for speculation.
b. The purchase of penny stocks may involve significant risks, including the loss of my entire investment.
c. Penny stocks may trade infrequently.
d. A market and/or a price may be unavailable when I wish to sell penny stocks and I could lose my entire investment.
e. Even minimum commission costs for this transaction may result in a significant adverse effect to the return on my investment.
f. I attest that any order I place that was not solicited directly or indirectly by you and any security selection is solely my decision.
Electronic Services Agreement:
This portion of the agreement applies to me if I elect to utilize electronic Internet and traditional trading on my account.
1. I acknowledge that this agreement between me and my brokerage firm and/or Penson Financial Services states the terms and conditions regarding my use of any Electronic Services offered by you and other authorized third party service providers. "Electronic Services" includes any services provided under the names of my broker dealer, Penson Financial Services, Valet, Market Touch, Market Touch Plus, or any similar such designation, or any computer or telephonic services or systems including, but not limited to, services or information accessible through your proprietary or third-party software, web site, externally accessible computers or networks, or any other computer or telephonic securities trading services or information systems provided by you, whether established directly by you or through other service providers. Electronic Services also includes order execution, on-line account status and order confirmation, portfolio accounting services, information services, and quote services. My use of your Electronic Services will indicate my acceptance of the following terms and conditions. By using the Electronic Services, I confirm my agreement to comply with the terms and conditions set forth herein. I acknowledge that you may modify or discontinue the Electronic Services offered pursuant to this agreement without prior notice to me. York Securities, Inc's Business Continuity Plan is available upon written request.
2. Information provided through the Electronic Services (“Information”) has been obtained from third parties, exchanges and other information services not related to you including, but not limited, to financial markets information services, financial publishers, securities exchanges and other service providers (hereafter collectively referred to as “Information Providers”), through sources believed to be reliable, but the accuracy, completeness, or timeliness of the Information cannot he guaranteed by you, the Information Providers, or any party transmitting the Information (the “Information Transmitters”). Neither you, the Information Providers, nor the Information Transmitters shall have any liability, contingent or otherwise, to me for any reliance by me on the Information, for the timeliness, accuracy or completeness of the Information, or for any actions taken or decisions made by me in reliance on the Information or the Electronic Services.
3. I agree that there are no warranties of merchantability, no warranties of fitness for a particular purpose, no warranties of non-infringement nor any other warranties of any kind, express or implied, regarding the information or any aspect of the Electronic Services, including but not limited to access to the Electronic Services or Information or order execution.
4. In no event shall you, the Information Providers or the Information Transmitters be liable to me or any third party for any consequential, incidental, special or indirect damages including, but not limited, to lost profits, trading losses and damages that result from inconvenience, delay, interruption or loss of the use of the services, even if you or the information Providers or the Information Transmitters, have been advised of the possibility of such damages or losses. Neither you, the Information Providers nor the Information Transmitters shall have any liability for failure of any computer hardware, application software or software which operates computer hardware utilized as part of the Electronic Services. Neither you, the Information Providers nor the Information Transmitters shall be liable for any loss resulting from a cause over which such entity does not have direct control, including but not limited to failure of electronic or mechanical equipment or communication fines, telephone or other interconnect problems, bugs, errors, configuration problems or incompatibility of computer hardware or software, failure or unavailability of Internet access, problems with Internet service providers or other equipment or services relating to my computer, problems with intermediate computer or communications networks or facilities, problems with data transmission facilities or with my telephone or telephone service, unauthorized access, failure of public transportation, common carrier communication or utility systems, theft, including the theft of passwords or log-in sequences, operator errors, severe weather, earthquakes and strikes or other labor problems. You are not responsible for any damage to my computer, software, modem, telephone or other property resulting from my use of the Electronic Services.
I understand that some jurisdictions do not allow limitations on how long implied warranties last, the exclusion or limitation of incidental or consequential damages or the exclusion of certain implied warranties, so that these disclaimers and limitations may not apply to me. This warranty gives me specific legal rights and I may also have other rights which vary from jurisdiction to jurisdiction.
5. The Information and Electronic Service are the property of you, the Information Providers, or others and are protected by copyright. I may not reproduce, retransmit, disseminate, sell, distribute, publish, broadcast, circulate or commercially exploit the Information or the Electronic Service in any manner without your express written consent and/or the consent of the relevant Information Providers); nor use the Information or the Electronic Service for any unlawful purpose. I shall comply with reasonable written requests by you to protect the Information Providers' and your respective contractual, statutory and common law rights in the Information and the Electronic Service.
6. I acknowledge that neither the Electronic Service nor any of the Information is intended to supply tax or legal advice. Although the Electronic Service provides access to recommendations and research about how to invest and what to buy. You do not represent that such recommendations are suitable for me, and I shall make my own independent evaluation of the suitability of such recommendations, using a third party if I do not have such experience and knowledge sufficient to make such a determination. All orders are my sole risk and have not been solicited by you or the Information Providers. I acknowledge that orders I place using the Electronic Services may be sent directly to an exchange or trade execution system without being viewed by an individual registered representative. I agree to accept full responsibility for all orders I place and to release you from any liability for executing orders placed by me using the Electronic Services.
7. I agree to use any quotes provided through the Electronic Services solely for my use, and I shall not furnish quotes to any third party. I shall not permit any third party to take physical possession of my equipment that I use to receive, display or otherwise use quotes obtained through the Electronic Services.
8. I acknowledge that data, including e-mail, electronic communications and personal financial data may be accessed by unauthorized third parties when communicated by me to you, Information Providers or Information Transmitters, using the Internet, other network communication facilities, telephone, or any other electronic means. If required by you, I shall use software produced by third parties, including but not limited to, "browser" software that supports a data security protocol compatible with the protocol used by you. If requested by you, I shall use software that supports any protocol accepted by you and follow your log-on procedures for Electronic Services that support such protocols. You are not responsible for notifying me of any upgrades, fixes, or enhancements to any such software or with respect to any data transmitted across computer networks or telecommunications facilities including, but not limited to, the Internet.
9. I shall immediately notify you if I become aware of any of the following:
a. Any loss or theft of my off-line voice verification code, password(s), and/or account number(s);
b. Any unauthorized use of any of my off-line voice verification code, password(s) and/or account number(s), or of the Service or any Information;
c. Any failure by me to receive a message that an order initiated by me through the Electronic Service has been received and/or executed through the Electronic Service;
d. Any failure by me to receive accurate confirmation of an order or its execution, via Internet E-mail at my Internet or e-mail address of record, within one hour after entering the order through the Electronic Service;
e. Any receipt of confirmation of an order which I did not place, or any similarly inaccurate or conflicting report statements or Information; or
f. Any discrepancy between any report produced or made available to me by you on my Message Board, or in my Portfolio, or an Information Provider, and any other such report or confirmation of a trade or order.
If I fail to notify you immediately upon the occurrence of any of the above events, I agree that you will not have any responsibility or liability to me or any other person whose claim may arise through me for any claims with the handling, mishandling or loss of any order. Any liability arising out of any action or omission by you with respect to the handling, mishandling or loss of any order shall be limited to any amount equal to the loss incurred due to the action or omission during the five business days after the date on which I first became obligated to give you notice with respect to such transaction(s) pursuant to this Section. I agree that you, and/or any of its officers, directors, employees, agents or affiliates will not have any other liability to me or any other person whose claims may arise through me for any consequential, incidental, special or indirect damages, even if you have been advised of the possibility of such damages. You shall not be responsible for or deemed to he in default under this agreement due to any delay or failure in performance resulting directly or indirectly from any cause beyond your reasonable control.
10. I am responsible for the confidentiality and use of my off-line voice verification code, password(s), and account number(s). I am responsible for all orders entered through and under my password(s) and account number(s),and any information or orders so received by you will be deemed to have been received from me, regardless of whether such orders or information was encrypted by me prior to transmitting to you. All orders shall be deemed to be made at the time received by you and in the form received. Subject to any consent to be bound by communication through electronic transmission including, but not limited to, the provisions of Section 11 of this Agreement, the printed paper confirmation of transaction and printed account statement sent to my address of record via the postal service shall be the official record of my account with you. As to any discrepancy between the printed confirmation or statement and any information presented to me via the Electronic Service, the printed confirmation and statement shall govern.
11. I shall abide by all terms and conditions applicable to the Electronic Service as set forth herein. I shall pay all federal, state and local taxes applicable to my use or receipt of the Electronic Service. I agree to the following terms with respect to my use of the Electronic Services:
a. I shall not transmit securities trade orders to you using electronic communications except through those electronic features designated by you for the express purpose of placing trade orders. I acknowledge that you shall not act upon trade orders transmitted through electronic communications other than orders I transmit through designated trade order features;
b. You shall be entitled, but not obligated, to review or retain my electronic communications for, among other reasons, monitoring the quality of service I receive, my compliance with this Agreement and the security of the Electronic Services. You are entitled to disclose my electronic communications to the same extent you may disclose other information about me or my accounts) as provided elsewhere in this agreement. In no event shall you be liable for any costs, damages, expenses or any other liabilities incurred by me as a result of your activities;
c. I shall not use any electronic communication feature of the Electronic Services (or any purpose that is unlawful, abusive, harassing, libelous, defamatory, obscene or threatening. I shall not use the Electronic Services to solicit your customers or others or participate in the solicitation of your customers or others for any purpose;
d. I will not upload, post, reproduce or distribute any information, software or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights;
e. I shall not in any way express or imply that the opinions in my electronic communications are endorsed by you without your prior written consent;
f. I agree to provide you with my e-mail address, promptly provide you with any changes to my e-mail address and accept electronic communications from you at the e-mail address;
g. I agree to be bound by any consent I give through the Electronic Services for you to provide notices, statements, trade confirmations and other communications to me solely through electronic transmission; and
h. I acknowledge that I have received and read your disclosure statements and related materials with respect to electronic trading.
12. I agree to be fully liable for any and all brokerage commissions, fees, margin interest charges, and payments due to you in connection with trades effected by me in my brokerage accounts) through your Electronic Services. Such brokerage commissions, fees, margin interest charges, and payments will be paid directly to you in accordance with the terms and conditions specified in my account agreement with you. I agree that you may require a deposit before I can begin trading using your Electronic Services (deposited funds can be used towards payment of my first transaction). I agree to pay all fees and charges associated with my use of any of your Electronic Services, including, without limitation, those of any third party information providers offered through you.
13. I agree that my use of your Electronic Services to effect securities transactions will be limited in all respects to the terms and conditions of this agreement and any other agreement between me and you. You will have no liability to me with respect to any transaction or attempted transaction by me which is not in accordance with the terms and conditions specified herein or in such other agreement and I will indemnify you from any claim of a third party related to any such transaction or related transaction.
14. I agree that you reserve the right in your sole discretion to reject, cancel or modify any order which I have placed through your Electronic Services for any reason and without prior notice to me, including orders for which I have received an order number. I acknowledge that any order I place which you, in your sole discretion, deem to be disruptive to the securities markets, unusual in size, type or credit risk, or which exceeds your usual authorized limits may be subject to rejection, cancellation or modification. I acknowledge that market orders cannot always be canceled because they are subject to immediate execution and the order may be executed before the request for cancellation is received by you. I acknowledge that you may, in your sole discretion, place trading restrictions on my accounts).
15. I agree that you reserve the right in your sole discretion to suspend or terminate my access to any or all of your Electronic Services for any reason and without prior notice to me.
16. I agree that you may change the terms and conditions of this agreement, in whole or in part, upon notice to me; no provision of this agreement may be amended in any other manner. I agree to use your Electronic Services and any additional services offered through you in the future only in accordance with the terms and conditions specified in this agreement as amended from time to time by you, and that any amendments to the terms and conditions will be deemed effective upon dissemination by you. Use of your Electronic Services after receipt of such amendments will be deemed to be acceptance of such amendments.
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