Common use of COMMUNICATIONS AND ORDERS Clause in Contracts

COMMUNICATIONS AND ORDERS. Since contracts may experience rapid movements in price, Customer’s attention is required in the placement of orders and execution of the same by Xxxxxxxxxx. Unless a managed (discretionary) account has been arranged through the execution of a written trading authorization, each order should be communicated to Xxxxxxxxxx by the Customer or Customer’s duly authorized broker. Instructions should include, but may not necessarily be limited to, the commodity involved, quantity, price, and delivery month. Any trade not specifically authorized by Customer must be immediately reported by Customer directly to Xxxxxxxxxx’x Compliance Department. Customer will be financially responsible for all trades not so reported and for any losses arising by virtue of a course of dealing involving his grant of de facto control over the account to broker. Xxxxxxxxxx makes no representation, warranty or guarantee as to, and shall not be responsible for, the accuracy or completeness of, any information or trading recommendations furnished to Customer by its employees or agents. Orders are good for one day only (regular day trading session) unless specified and accepted as being “open”, in which case the order will remain open until filled or the Customer specifies otherwise. In some circumstances, Xxxxxxxxxx may be on the other side of Xxxxxxxx’s trade. The price at which an order is actually executed shall be binding, even if incorrectly reported. Similarly, an order actually executed but in error reported as not executed is also binding. Customer agrees that when Xxxxxxxxxx executes sell or buy orders on Customer’s behalf, Xxxxxxxxxx, its directors, officers, employees, agents, affiliates, and any floor broker or terminal operator may take the other side of Customer’s order for the account of such person subject to such order being executed in accordance with and subject to the limitations and conditions, if any, contained in applicable rules and regulations. Xxxxxxxxxx offers certain Internet-based, electronic order entry platforms for the purpose of facilitating the entry of customer orders trading in Contracts (“CTS Platform(s)”). Customer understands that while the Internet and the World Wide Web generally are dependable, technical problems or other conditions may delay or prevent Customer from entering or canceling an order on a CTS Platform, or likewise may delay or prevent Xxxxxxxxxx from executing an order on a CTS Platform. Xxxxxxxxxx shall not be liable for, any technical problems, system failures and malfunctions, communication line failures, equipment or software failures or malfunctions, system access issues, system capacity issues, high Internet traffic demand, security breaches and unauthorized access beyond the reasonable control of Xxxxxxxxxx, or other similar computer problems and defects relating to a CTS Platform. Xxxxxxxxxx does not represent, warrant or guarantee that Customer will be able to access or use an CTS Platform at times or locations of Customer’s choosing, or that Xxxxxxxxxx will have adequate capacity for an CTS Platform as a whole or in part by Xxxxxxxxxx’x or Customer’s use of or reliance on a CTS Platform or its content or in otherwise performing its obligations under or in connection with this Agreement. Xxxxxxxxxx reserves the right to suspend service and deny access to any CTS Platform without prior notice during scheduled or unscheduled system maintenance or upgrading. In the event that Customer is unable to transmit an order through an CTS Platform, or is unable to confirm that an electronic order has been received by Xxxxxxxxxx, Customer should follow these procedures: (i) if Customer’s account is introduced to Xxxxxxxxxx by an Introducing Broker, Customer must contact the Introducing Broker, notify the Introducing Broker of the exact nature of the problem and, if appropriate, place the order by phone through the Introducing Broker; (ii) if Customer is unable to contact his Introducing Broker by telephone, or, if Customer’s account is not an introduced account, Customer must contact Xxxxxxxxxx at (000) 000-0000 and notify Xxxxxxxxxx of the exact nature of the problem including, but not limited to, the details of the order (including the contract, quantity and whether the order was to buy or sell). Customer agrees that any order placed through this number shall be for liquidation of existing positions only. This number is not to be called by customer for customer support. Customer agrees that when following these procedures, Customer shall be liable for any losses arising out of any order that has previously been transmitted by electronic means, as well as the order placed orally through Xxxxxxxxxx or Customer’s Introducing Broker.

COMMUNICATIONS AND ORDERS. CC 9 Since contracts may experience rapid movements in price, Customer’s attention is required in the placement of orders and execution of the same by Xxxxxxxxxx. Unless a managed (discretionary) account has been arranged through the execution of a written trading authorization, each order should be communicated to Xxxxxxxxxx by the Customer or Customer’s duly authorized broker. Instructions should include, but may not necessarily be limited to, the commodity involved, quantity, price, and delivery month. Any trade not specifically authorized by Customer must be immediately reported by Customer directly to Xxxxxxxxxx’x Compliance Department. Customer will be financially responsible for all trades not so reported and for any losses arising by virtue of a course of dealing involving his grant of de facto control over the account to broker. Xxxxxxxxxx makes no representation, warranty or guarantee as to, and shall not be responsible for, the accuracy or completeness of, any information or trading recommendations furnished to Customer by its employees or agents. Orders are good for one day only (regular day trading session) unless specified and accepted as being “open”, in which case the order will remain open until filled or the Customer specifies otherwise. In some circumstances, Xxxxxxxxxx may be on the other side of Xxxxxxxx’s trade. The price at which an order is actually executed shall be binding, even if incorrectly reported. Similarly, an order actually executed but in error reported as not executed is also binding. Customer agrees that when Xxxxxxxxxx executes sell or buy orders on Customer’s behalf, Xxxxxxxxxx, its directors, officers, employees, agents, affiliates, and any floor broker or terminal operator may take the other side of Customer’s order for the account of such person subject to such order being executed in accordance with and subject to the limitations and conditions, if any, contained in applicable rules and regulations. Xxxxxxxxxx offers certain Internet-based, electronic order entry platforms for the purpose of facilitating the entry of customer orders trading in Contracts (“CTS Platform(s)”). Customer understands that while the Internet and the World Wide Web generally are dependable, technical problems or other conditions may delay or prevent Customer from entering or canceling an order on a CTS Platform, or likewise may delay or prevent Xxxxxxxxxx from executing an order on a CTS Platform. Xxxxxxxxxx shall not be liable for, any technical problems, system failures and malfunctions, communication line failures, equipment or software failures or malfunctions, system access issues, system capacity issues, high Internet traffic demand, security breaches and unauthorized access beyond the reasonable control of Xxxxxxxxxx, or other similar computer problems and defects relating to a CTS Platform. Xxxxxxxxxx does not represent, warrant or guarantee that Customer will be able to access or use an CTS Platform at times or locations of Customer’s choosing, or that Xxxxxxxxxx will have adequate capacity for an CTS Platform as a whole or in part by Xxxxxxxxxx’x or Customer’s use of or reliance on a CTS Platform or its content or in otherwise performing its obligations under or in connection with this Agreement. Xxxxxxxxxx reserves the right to suspend service and deny access to any CTS Platform without prior notice during scheduled or unscheduled system maintenance or upgrading. In the event that Customer is unable to transmit an order through an CTS Platform, or is unable to confirm that an electronic order has been received by Xxxxxxxxxx, Customer should follow these procedures: (i) if Customer’s account is introduced to Xxxxxxxxxx by an Introducing Broker, Customer must contact the Introducing Broker, notify the Introducing Broker of the exact nature of the problem and, if appropriate, place the order by phone through the Introducing Broker; (ii) if Customer is unable to contact his Introducing Broker by telephone, or, if Customer’s account is not an introduced account, Customer must contact Xxxxxxxxxx at (000) 000-0000 and notify Xxxxxxxxxx of the exact nature of the problem including, but not limited to, the details of the order (including the contract, quantity and whether the order was to buy or sell). Customer agrees that any order placed through this number shall be for liquidation of existing positions only. This number is not to be called by customer for customer support. Customer agrees that when following these procedures, Customer shall be liable for any losses arising out of any order that has previously been transmitted by electronic means, as well as the order placed orally through Xxxxxxxxxx or Customer’s Introducing Broker.

COMMUNICATIONS AND ORDERS. CC 9 Since contracts may experience rapid movements in price, Customer’s attention is required in the placement of orders and execution of the same by Xxxxxxxxxx. Unless a managed (discretionary) account has been arranged through the execution of a written trading authorization, each order should be communicated to Xxxxxxxxxx by the Customer or Customer’s duly authorized broker. Instructions should include, but may not necessarily be limited to, the commodity involved, quantity, price, and delivery month. Any trade not specifically authorized by Customer must be immediately reported by Customer directly to Xxxxxxxxxx’x Compliance Department. Customer will be financially responsible for all trades not so reported and for any losses arising by virtue of a course of dealing involving his grant of de facto control over the account to broker. Xxxxxxxxxx makes no representation, warranty or guarantee as to, and shall not be responsible for, the accuracy or completeness of, any information or trading recommendations furnished to Customer by its employees or agents. Orders are good for one day only (regular day trading session) unless specified and accepted as being “open”, in which case the order will remain open until filled or the Customer specifies otherwise. In some circumstances, Xxxxxxxxxx may be on the other side of Xxxxxxxx’s trade. The price at which an order is actually executed shall be binding, even if incorrectly reported. Similarly, an order actually executed but in error reported as not executed is also binding. Customer agrees that when Xxxxxxxxxx executes sell or buy orders on Customer’s behalf, Xxxxxxxxxx, its directors, officers, employees, agents, affiliates, and any floor broker or terminal operator may take the other side of Customer’s order for the account of such person subject to such order being executed in accordance with and subject to the limitations and conditions, if any, contained in applicable rules and regulations. Xxxxxxxxxx offers certain Internet-based, electronic order entry platforms for the purpose of facilitating the entry of customer orders trading in Contracts (“CTS Platform(sPlatform (s)”). Customer understands that while the Internet and the World Wide Web generally are dependable, technical problems or other conditions may delay or prevent Customer from entering or canceling an order on a CTS Platform, or likewise may delay or prevent Xxxxxxxxxx from executing an order on a CTS Platform. Xxxxxxxxxx shall not be liable for, any technical problems, system failures and malfunctions, communication line failures, equipment or software failures or malfunctions, system access issues, system capacity issues, high Internet traffic demand, security breaches and unauthorized access beyond the reasonable control of Xxxxxxxxxx, or other similar computer problems and defects relating to a CTS Platform. Xxxxxxxxxx does not represent, warrant or guarantee that Customer will be able to access or use an CTS Platform at times or locations of Customer’s choosing, or that Xxxxxxxxxx will have adequate capacity for an CTS Platform as a whole or in part by Xxxxxxxxxx’x or Customer’s use of or reliance on a CTS Platform or its content or in otherwise performing its obligations under or in connection with this Agreement. Xxxxxxxxxx reserves the right to suspend service and deny access to any CTS Platform without prior notice during scheduled or unscheduled system maintenance or upgrading. In the event that Customer is unable to transmit an order through an CTS Platform, or is unable to confirm that an electronic order has been received by Xxxxxxxxxx, Customer should follow these procedures: (i) if Customer’s account is introduced to Xxxxxxxxxx by an Introducing Broker, Customer must contact the Introducing Broker, notify the Introducing Broker of the exact nature of the problem and, if appropriate, place the order by phone through the Introducing Broker; (ii) if Customer is unable to contact his Introducing Broker by telephone, or, if Customer’s account is not an introduced account, Customer must contact Xxxxxxxxxx at (000) 000-0000 and notify Xxxxxxxxxx of the exact nature of the problem including, but not limited to, the details of the order (including the contract, quantity and whether the order was to buy or sell). Customer agrees that any order placed through this number shall be for liquidation of existing positions only. This number is not to be called by customer Customer for customer support. Customer agrees that when following these procedures, Customer shall be liable for any losses arising out of any order that has previously been transmitted by electronic means, as well as the order placed orally through Xxxxxxxxxx or Customer’s Introducing Broker.

COMMUNICATIONS AND ORDERS. Since contracts may experience rapid movements in price, Customer’s attention is required in the placement of orders and execution of the same by XxxxxxxxxxR.X. X’Xxxxx. Unless a managed (discretionary) account has been arranged through the execution of a written trading authorization, each order should be communicated to Xxxxxxxxxx R.X. X’Xxxxx by the Customer or Customer’s duly authorized broker. Instructions should include, but may not necessarily be limited to, the commodity involved, quantity, price, and delivery month. Any trade not specifically authorized by Customer must be immediately reported by Customer directly to Xxxxxxxxxx’x R.X. X’Xxxxx’x Compliance Department. Customer will be financially responsible for all trades not so reported report- ed and for any losses arising by virtue of a course of dealing involving his grant of de facto control over the account to broker. Xxxxxxxxxx Continued on Next Page. Rev 8/12R 8 ESTABLISHED IN 1914 R.X. X’Xxxxx makes no representation, warranty or guarantee as to, and shall not be responsible for, the accuracy or completeness of, any information or trading recommendations furnished to Customer by its employees or agents. Orders are good for one day only (regular day trading session) unless specified and accepted as being “open”, in which case the order will remain open until filled or the Customer specifies otherwise. In some circumstances, Xxxxxxxxxx R.X. X’Xxxxx may be on the other side of XxxxxxxxCustomer’s trade. The price at which an order is actually executed shall be binding, even if incorrectly reported. Similarly, an order actually executed but in error reported as not executed is also binding. Customer agrees that when Xxxxxxxxxx R.X. X’Xxxxx executes sell or buy orders on Customer’s behalf, XxxxxxxxxxR.X. X’Xxxxx, its directors, officers, employees, agents, affiliates, and any floor broker or terminal operator may take the other side of Customer’s order for the account of such person subject to such order being executed in accordance with and subject to the limitations and conditions, if any, contained in applicable rules and regulations. Xxxxxxxxxx offers certain Internet-based, electronic order entry platforms for the purpose of facilitating the entry of customer orders trading in Contracts (“CTS Platform(s)”). Customer understands that while the Internet and the World Wide Web generally are dependable, technical problems or other conditions may delay or prevent Customer from entering or canceling an order on a CTS Platform, or likewise may delay or prevent Xxxxxxxxxx from executing an order on a CTS Platform. Xxxxxxxxxx shall not be liable for, any technical problems, system failures and malfunctions, communication line failures, equipment or software failures or malfunctions, system access issues, system capacity issues, high Internet traffic demand, security breaches and unauthorized access beyond the reasonable control of Xxxxxxxxxx, or other similar computer problems and defects relating to a CTS Platform. Xxxxxxxxxx does not represent, warrant or guarantee that Customer will be able to access or use an CTS Platform at times or locations of Customer’s choosing, or that Xxxxxxxxxx will have adequate capacity for an CTS Platform as a whole or in part by Xxxxxxxxxx’x or Customer’s use of or reliance on a CTS Platform or its content or in otherwise performing its obligations under or in connection with this Agreement. Xxxxxxxxxx reserves the right to suspend service and deny access to any CTS Platform without prior notice during scheduled or unscheduled system maintenance or upgrading. In the event that Customer is unable to transmit an order through an CTS Platform, or is unable to confirm that an electronic order has been received by Xxxxxxxxxx, Customer should follow these procedures: (i) if Customer’s account is introduced to Xxxxxxxxxx by an Introducing Broker, Customer must contact the Introducing Broker, notify the Introducing Broker of the exact nature of the problem and, if appropriate, place the order by phone through the Introducing Broker; (ii) if Customer is unable to contact his Introducing Broker by telephone, or, if Customer’s account is not an introduced account, Customer must contact Xxxxxxxxxx at (000) 000-0000 and notify Xxxxxxxxxx of the exact nature of the problem including, but not limited to, the details of the order (including the contract, quantity and whether the order was to buy or sell). Customer agrees that any order placed through this number shall be for liquidation of existing positions only. This number is not to be called by customer for customer support. Customer agrees that when following these procedures, Customer shall be liable for any losses arising out of any order that has previously been transmitted by electronic means, as well as the order placed orally through Xxxxxxxxxx or Customer’s Introducing Broker.

COMMUNICATIONS AND ORDERS. CC 10 Since contracts may experience rapid movements in price, Customer’s attention is required in the placement of orders and execution of the same by Xxxxxxxxxx. Unless a managed (discretionary) account has been arranged through the execution of a written trading authorization, each order should be communicated to Xxxxxxxxxx by the Customer or Customer’s duly authorized broker. Instructions should include, but may not necessarily be limited to, the commodity involved, quantity, price, and delivery month. Any trade not specifically authorized by Customer must be immediately reported by Customer directly to Xxxxxxxxxx’x Compliance Department. Customer will be financially responsible for all trades not so reported and for any losses arising by virtue of a course of dealing involving his grant of de facto control over the account to broker. Xxxxxxxxxx makes no representation, warranty or guarantee as to, and shall not be responsible for, the accuracy or completeness of, any information or trading recommendations furnished to Customer by its employees or agents. Orders are good for one day only (regular day trading session) unless specified and accepted as being “open”, in which case the order will remain open until filled or the Customer specifies otherwise. In some circumstances, Xxxxxxxxxx may be on the other side of Xxxxxxxx’s trade. The price at which an order is actually executed shall be binding, even if incorrectly reported. Similarly, an order actually executed but in error reported as not executed is also binding. Customer agrees that when Xxxxxxxxxx executes sell or buy orders on Customer’s behalf, Xxxxxxxxxx, its directors, officers, employees, agents, affiliates, and any floor broker or terminal operator may take the other side of Customer’s order for the account of such person subject to such order being executed in accordance with and subject to the limitations and conditions, if any, contained in applicable rules and regulations. Xxxxxxxxxx offers certain Internet-based, electronic order entry platforms for the purpose of facilitating the entry of customer orders trading in Contracts (“CTS Platform(sPlatform (s)”). Customer understands that while the Internet and the World Wide Web generally are dependable, technical problems or other conditions may delay or prevent Customer from entering or canceling an order on a an CTS Platform, or likewise may delay or prevent Xxxxxxxxxx from executing an order on a an CTS Platform. Xxxxxxxxxx shall not be liable for, any technical problems, system failures and malfunctions, communication line failures, equipment or software failures or malfunctions, system access issues, system capacity issues, high Internet traffic demand, security breaches and unauthorized access beyond the reasonable control of Xxxxxxxxxx, or other similar computer problems and defects relating to a an CTS Platform. Xxxxxxxxxx does not represent, warrant or guarantee that Customer will be able to access or use an CTS Platform at times or locations of Customer’s choosing, or that Xxxxxxxxxx will have adequate capacity for an CTS Platform as a whole or in part by Xxxxxxxxxx’x or Customer’s use of or reliance on a CTS Platform or its content or in otherwise performing its obligations under or in connection with this Agreement. Xxxxxxxxxx reserves the right to suspend service and deny access to any CTS C T S Platform without prior notice during scheduled or unscheduled system maintenance or upgrading. In the event that Customer is unable to transmit an order through an CTS Platform, or is unable to confirm that an electronic order has been received by Xxxxxxxxxx, Customer should follow these procedures: (i) if Customer’s account is introduced to Xxxxxxxxxx by an Introducing Broker, Customer must contact the Introducing Broker, notify the Introducing Broker of the exact nature of the problem and, if appropriate, place the order by phone through the Introducing Broker; (ii) if Customer is unable to contact his Introducing Broker by telephone, or, if Customer’s account is not an introduced account, Customer must contact Xxxxxxxxxx at (000) 000-0000 and notify Xxxxxxxxxx of the exact nature of the problem including, but not limited to, the details of the order (including the contract, quantity and whether the order was to buy or sell). Customer agrees that any order placed through this number shall be for liquidation of existing positions only. This number is not to be called by customer for customer support. Customer agrees that when following these procedures, Customer shall be liable for any losses arising out of any order that has previously been transmitted by electronic means, as well as the order placed orally through Xxxxxxxxxx or Customer’s Introducing Broker.

COMMUNICATIONS AND ORDERS. Since contracts may all Contracts experience rapid movements in price, Customer’s attention is required in the placement of orders and execution of the same by XxxxxxxxxxRJO. Unless a managed (discretionary) account has been arranged through the execution of a written trading authorization, each order should be communicated to Xxxxxxxxxx RJO by the Customer or Customer’s duly authorized broker. Instructions should include, but may not necessarily be limited to, the commodity involved, quantity, price, and delivery month. Any trade not specifically authorized by Customer must be immediately reported by Customer directly to Xxxxxxxxxx’x RJO’s Compliance Department. Customer will be financially responsible for all trades not so reported and for any losses arising by virtue of a course of dealing involving his grant of de facto control over the account to his broker. Xxxxxxxxxx Customer agrees that RJO will not be responsible for delays or inaccuracies in the electronic preparation of statements or the distribution of market information. Nor will RJO be responsible for any failure beyond its control, including (but not limited to) government restrictions, exchange reporting problems, contract market rulings, strikes, suspension of trading, war or acts of God. RJO’s liability to Customer is limited to damages arising from its own gross negligence or willful misconduct and such damages are limited to actual (as distinguished from consequential) damages suffered by Customer. RJO makes no representation, warranty or guarantee as to, and shall not be responsible for, for the accuracy or completeness of, any information or trading recommendations furnished to Customer by its employees or agents. Orders are good for one day only (regular day trading session) unless specified and accepted as being “open”, in which case the order will remain open until filled or the Customer specifies otherwiseso specifies. If Customer does not specify the actual exchange or forum to execute its order, RJO in its sole discretion shall execute the Customer’s order using its best judgment. In some circumstances, Xxxxxxxxxx this may mean RJO may be on the other side of XxxxxxxxCustomer’s trade. The price at which an order is actually executed shall be binding, even if incorrectly reported. Similarly, an order actually executed but in error reported as not executed is also binding. Customer agrees that when Xxxxxxxxxx executes sell or buy orders on Customer’s behalf, Xxxxxxxxxx, its directors, officers, employees, agents, affiliates, and any floor broker or terminal operator may take the other side of Customer’s order for the account of such person subject to such order being executed in accordance with and subject to the limitations and conditions, if any, contained in applicable rules and regulations. Xxxxxxxxxx offers certain Internet-based, electronic order entry platforms for the purpose of facilitating the entry of customer orders trading in Contracts (“CTS Platform(s)”). Customer understands that while the Internet and the World Wide Web generally are dependable, technical problems or other conditions may delay or prevent Customer from entering or canceling an order on a CTS Platformthe RJO Online Trading System, or likewise may delay or prevent Xxxxxxxxxx RJO from executing an order on a CTS Platformthe RJO Online Trading System. Xxxxxxxxxx RJO shall not be liable for, any technical problems, system failures and malfunctions, communication line failures, equipment or software failures or malfunctions, system access issues, system capacity issues, high Internet traffic demand, security breaches and unauthorized access beyond the reasonable control of XxxxxxxxxxRJO, or and other similar computer problems and defects relating to a CTS Platformdefects. Xxxxxxxxxx RJO does not represent, warrant or guarantee that Customer will be able to access or use an CTS Platform the RJO Online Trading System at times or locations of Customer’s choosing, or that Xxxxxxxxxx RJO will have adequate capacity for an CTS Platform the RJO Online Trading System as a whole or in part by Xxxxxxxxxx’x RJO’s or Customer’s use of or reliance on a CTS Platform the RJO Online Trading System or its content or in otherwise performing its obligations under or in connection with this Agreement. Xxxxxxxxxx In no event will RJO or any of its service providers be liable to Customer or any third party for any punitive, consequential, special or similar damages even if advised of the possibility of such damage. If some jurisdictions do not allow the exclusion or limitation of liability for certain damages, in such jurisdictions, the liability of RJO or any of its service providers shall be limited in accordance with this Agreement to the extent permitted by law. RJO reserves the right to suspend service and deny access to any CTS Platform the RJO Online Trading System without prior notice during scheduled or unscheduled system maintenance or upgrading. In the event that Customer is unable to transmit an order through an CTS Platformthe RJO Online Trading System, or is unable to confirm that an electronic order has been received by XxxxxxxxxxRJO, Customer should follow these procedures: (i) if Customer’s account is introduced to Xxxxxxxxxx RJO by an Introducing Brokerintroducing broker, Customer must contact the Introducing Brokerintroducing broker, notify the Introducing Broker introducing broker of the exact nature of the problem and, if appropriate, place the order by phone through the Introducing Brokerintroducing broker; (ii) if Customer is unable to contact his Introducing Broker introducing broker by telephone, or, if Customer’s account is not an introduced account, Customer must contact Xxxxxxxxxx RJO at (000) 000-0000 and notify Xxxxxxxxxx RJO of the exact nature of the problem including, but not limited to, the details of the order (including the contract, quantity and whether the order was to buy or sell). Customer agrees that any order placed through this number shall be for liquidation of existing positions only. This number is not to be called by customer for customer support. Customer agrees that when following these procedures, Customer shall be liable for any losses arising out of any order that has previously been transmitted by electronic means, as well as the order placed orally through Xxxxxxxxxx RJO or Customer’s Introducing Brokerintroducing broker.

COMMUNICATIONS AND ORDERS. Since contracts may experience rapid movements in price, Customer’s attention is required in the placement of orders and execution of the same by Xxxxxxxxxx. Unless a managed (discretionary) account has been arranged through the execution of a written trading authorization, each order should be communicated to Xxxxxxxxxx by the Customer or Customer’s duly authorized broker. Instructions should include, but may not necessarily be limited to, the commodity involved, quantity, price, and delivery month. Any trade not specifically authorized by Customer must be immediately reported by Customer directly to Xxxxxxxxxx’x Compliance Department. Customer will be financially responsible for all trades not so reported and for any losses arising by virtue of a course of dealing involving his grant of de facto control over the account to broker. Xxxxxxxxxx makes no representation, warranty or guarantee as to, and shall not be responsible for, the accuracy or completeness of, any information or trading recommendations furnished to Customer by its employees or agents. Orders are good for one day only (regular day trading session) unless specified and accepted as being “open”, in which case the order will remain open until filled or the Customer specifies otherwise. In some circumstances, Xxxxxxxxxx may be on the other side of Xxxxxxxx’s trade. The price at which an order is actually executed shall be binding, even if incorrectly reported. Similarly, an order actually executed but in error reported as not executed is also binding. Customer agrees that when Xxxxxxxxxx executes sell or buy orders on Customer’s behalf, Xxxxxxxxxx, its directors, officers, employees, agents, affiliates, and any floor broker or terminal operator may take the other side of Customer’s order for the account of such person subject to such order being executed in accordance with and subject to the limitations and conditions, if any, contained in applicable rules and regulations. Xxxxxxxxxx offers certain Internet-based, electronic order entry platforms for the purpose of facilitating the entry of customer orders trading in Contracts (“CTS Platform(sPlatform (s)”). Customer understands that while the Internet and the World Wide Web generally are dependable, technical problems or other conditions may delay or prevent Customer from entering or canceling an order on a CTS Platform, or likewise may delay or prevent Xxxxxxxxxx from executing an order on a CTS Platform. Xxxxxxxxxx shall not be liable for, any technical problems, system failures and malfunctions, communication line failures, equipment or software failures or malfunctions, system access issues, system capacity issues, high Internet traffic demand, security breaches and unauthorized access beyond the reasonable control of Xxxxxxxxxx, or other similar computer problems and defects relating to a CTS Platform. Xxxxxxxxxx does not represent, warrant or guarantee that Customer will be able to access or use an CTS Platform at times or locations of Customer’s choosing, or that Xxxxxxxxxx will have adequate capacity for an CTS Platform as a whole or in part by Xxxxxxxxxx’x or Customer’s use of or reliance on a CTS Platform or its content or in otherwise performing its obligations under or in connection with this Agreement. Xxxxxxxxxx reserves the right to suspend service and deny access to any CTS Platform without prior notice during scheduled or unscheduled system maintenance or upgrading. In the event that Customer is unable to transmit an order through an CTS Platform, or is unable to confirm that an electronic order has been received by Xxxxxxxxxx, Customer should follow these procedures: (i) if Customer’s account is introduced to Xxxxxxxxxx by an Introducing Broker, Customer must contact the Introducing Broker, notify the Introducing Broker of the exact nature of the problem and, if appropriate, place the order by phone through the Introducing Broker; (ii) if Customer is unable to contact his Introducing Broker by telephone, or, if Customer’s account is not an introduced account, Customer must contact Xxxxxxxxxx at (000) 000-0000 and notify Xxxxxxxxxx of the exact nature of the problem including, but not limited to, the details of the order (including the contract, quantity and whether the order was to buy or sell). Customer agrees that any order placed through this number shall be for liquidation of existing positions only. This number is not to be called by customer Customer for customer support. Customer agrees that when following these procedures, Customer shall be liable for any losses arising out of any order that has previously been transmitted by electronic means, as well as the order placed orally through Xxxxxxxxxx or Customer’s Introducing Broker.