Common use of Modification and Enforcement Clause in Contracts

Modification and Enforcement. We may amend this Agreement at any time. This may include changing, dropping, or adding fees and policies, changing features and services or the entities that provide them, and limiting the usage or availability of any feature or service, within the limits of applicable laws and regulations. The most current version of this Agreement is available online at xxx.xxxxxxxxxxxxxxxxx.xxx under personal investing/investor information or by contacting your Representative. No provision of this Agreement can be amended or waived except in writing by an authorized representative of SAI. Your Representative is not authorized to act on behalf of SAI or our RIA to change any terms of this Agreement. We or The Clearing Firm may transfer our interests in your account or this Agreement to any of our successors and assigns, whether by merger, consolidation, or otherwise. You may not transfer your interests in your account or this Agreement except with our prior written approval, or through inheritance, corporate dissolution, or similar circumstance, as allowed by law, in which case any rights and obligations in existence at the time will accrue to, and be binding on, your heirs, executors, administrators, successors, or assigns. We or The Clearing Firm may enforce this Agreement against any and all account owners. Although we or The Clearing Firm may not always enforce certain provisions of this Agreement, both parties retain the full right to do so at any time. If any provision of this Agreement is found to be in conflict with applicable laws, rules, or regulations, either present or future, that provision will be enforced to the maximum extent allowable, or made to conform, as the case may be. However, the remainder of this Agreement will remain fully in effect. No waiver of any provision of this Agreement will be considered a waiver of any other provision. If for any reason (such as the termination of a contract between us and The Clearing Firm) your account is held directly by The Clearing Firm, it may be restricted, and there may be new or different fees and commissions. Examples of restrictions include the ability to place sell orders only and the loss of electronic trading. Although there is no minimum balance requirement beyond those set by industry regulation, we may review your account for activity and may charge an inactivity fee, close your account, or transfer your account to another provider. We will notify you in writing before we close or transfer your account. If your account is transferred, it may have different fees, features and terms.

Appears in 2 contracts

Samples: Customer Agreement, Customer Agreement

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Modification and Enforcement. We may amend this Agreement at any time. This may include changing, dropping, or adding fees and policies, changing features and services or the entities that provide them, and limiting the usage or availability of any feature or service, within the limits of applicable laws and regulations. The most current version of this Agreement is available online at xxx.xxxxxxxxxxxxxxxxx.xxx under personal investingInvestors/investor information or by contacting your Representativerepresentative. No provision of this Agreement can be amended or waived except in writing by an authorized representative of SAI. Your Representative is not authorized to act on behalf of SAI or our RIA to change any terms of this Agreement. We or The the Clearing Firm may transfer our interests in your account or this Agreement to any of our successors and assigns, whether by merger, consolidation, or otherwise. You may not transfer your interests in your account or this Agreement except with our prior written approval, or through inheritance, corporate dissolution, or similar circumstance, as allowed by law, in which case any rights and obligations in existence at the time will accrue to, and be binding on, your heirs, executors, administrators, successors, or assigns. We or The the Clearing Firm may enforce this Agreement against any and all account owners. Although we or The the Clearing Firm may not always enforce certain provisions of this Agreement, both parties retain the full right to do so at any time. If any provision of this Agreement is found to be in conflict with applicable laws, rules, or regulations, either present or future, that provision will be enforced to the maximum extent allowable, or made to conform, as the case may be. However, the remainder of this Agreement will remain fully in effect. No waiver of any provision of this Agreement will be considered a waiver of any other provision. If for any reason (such as the termination of a contract between us and The the Clearing Firm) your account is held directly by The the Clearing Firm, it may be restricted, and there may be new or different fees and commissions. Examples of restrictions include the ability to place sell orders only and the loss of electronic trading. Although there is no minimum balance requirement beyond those set by industry regulation, we may review your account for activity and may charge an inactivity fee, close your account, or transfer your account to another provider. We will notify you in writing before we close or transfer your account. If your account is transferred, it may have different fees, features and terms.

Appears in 2 contracts

Samples: Customer Agreement, Customer Agreement

Modification and Enforcement. We may amend this Agreement at any time. This may include changing, dropping, or adding fees and policies, changing features and services or the entities that provide them, and limiting the usage or availability of any feature or service, within the limits of applicable laws and regulations. The most current version of this Agreement is available online at xxx.xxxxxxxxxxxxxxxxx.xxx under personal investing/investor information or by contacting your Representative. No provision of this Agreement can be amended or waived except in writing by an authorized representative of SAI. Your Representative Financial Professional is not authorized to act on behalf of SAI or our RIA to change any terms of this Agreement. We or The Clearing Firm may transfer our interests in your account or this Agreement to any of our successors and assigns, whether by merger, consolidation, or otherwise. You may not transfer your interests in your account or this Agreement except with our prior written approval, or through inheritance, corporate dissolution, or similar circumstance, as allowed by law, in which case any rights and obligations in existence at the time will accrue to, and be binding on, your heirs, executors, administrators, successors, or assigns. We or The Clearing Firm may enforce this Agreement against any and all account owners. Although we or The Clearing Firm may not always enforce certain provisions of this Agreement, both parties retain the full right to do so at any time. If any provision of this Agreement is found to be in conflict with applicable laws, rules, or regulations, either present or future, that provision will be enforced to the maximum extent allowable, or made to conform, as the case may be. However, the remainder of this Agreement will remain fully in effect. No waiver of any provision of this Agreement will be considered a waiver of any other provision. If for any reason (such as the termination of a contract between us and The Clearing Firm) your account is held directly by The Clearing Firm, it may be restricted, and there may be new or different fees and commissions. Examples of restrictions include the ability to place sell orders only and the loss of electronic trading. Although there is no minimum balance requirement beyond those set by industry regulation, we may review your account for activity and may charge an inactivity fee, close your account, or transfer your account to another provider. We will notify you in writing before we close or transfer your account. If your account is transferred, it may have different fees, features and terms.

Appears in 2 contracts

Samples: Securities America Broker/Dealer Terms and Conditions, Securities America Broker/Dealer Terms and Conditions

Modification and Enforcement. We may amend this Agreement at any time. This may include changing, dropping, or adding fees and policies, changing features and services or the entities that provide them, and limiting the usage or availability of any feature or service, within the limits of applicable laws and regulations. The most current version of this Agreement is available online at xxx.xxxxxxxxxxxxxxxxx.xxx under personal investing/investor information or by contacting your RepresentativeFinancial Professional. No provision of this Agreement can be amended or waived except in writing by an authorized representative of SAI. Your Representative Financial Professional is not authorized to act on behalf of SAI or our RIA to change any terms of this Agreement. We or The Clearing Firm may transfer our interests in your account or this Agreement to any of our successors and assigns, whether by merger, consolidation, or otherwise. You may not transfer your interests in your account or this Agreement except with our prior written approval, or through inheritance, corporate dissolution, or similar circumstance, as allowed by law, in which case any rights and obligations in existence at the time will accrue to, and be binding on, your heirs, executors, administrators, successors, or assigns. We or The Clearing Firm may enforce this Agreement against any and all account owners. Although we or The Clearing Firm may not always enforce certain provisions of this Agreement, both parties retain the full right to do so at any time. If any provision of this Agreement is found to be in conflict with applicable laws, rules, or regulations, either present or future, that provision will be enforced to the maximum extent allowable, or made to conform, as the case may be. However, the remainder of this Agreement will remain fully in effect. No waiver of any provision of this Agreement will be considered a waiver of any other provision. If for any reason (such as the termination of a contract between us and The Clearing Firm) your account is held directly by The Clearing Firm, it may be restricted, and there may be new or different fees and commissions. Examples of restrictions include the ability to place sell orders only and the loss of electronic trading. Although there is no minimum balance requirement beyond those set by industry regulation, we may review your account for activity and may charge an inactivity fee, close your account, or transfer your account to another provider. We will notify you in writing before we close or transfer your account. If your account is transferred, it may have different fees, features and terms. your instructions. When an account is closed, all debit cards, checkwriting, and other features associated with it are terminated. The bank associated BUSINESS CONTINUITY PLAN DISCLOSURE with your debit card and checkwriting services cannot close your brokerage account, but can terminate its debit card or checkwriting services Regardless of how or when your account is closed, you will remain responsible for all unpaid obligations of your account. This includes charges, debit items, or other transactions you initiated or authorized, whether arising before or after termination, as well as any fees incurred but not yet charged to your account. Payment for these obligations will be deducted from your final account balance. In order to ensure you are able to receive communications, (including statements, checks, etc.) from us, it is important that you notify us of your address should you move. If we receive mail returned from the U.S. post office as undeliverable and we or your Financial Professional are unable to contact you or find your correct address, you may be designated as a “lost security holder.” If this happens, your account may be restricted and/or closed. You may not be able to place trades or receive funds from your account until you update your address. If you are designated as a “lost security holder” we will attempt to find you by conducting data base searches. In addition, if we are unable to contact you for a certain period of time (the period of time is specified by applicable state laws and may vary from state to state) your account balance and any un-cashed checks or outstanding credits may be transferred to a state unclaimed property administrator.

Appears in 1 contract

Samples: Customer Agreement

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Modification and Enforcement. We may amend this Agreement at any time. This may include changing, dropping, or adding fees and policies, changing features and services or the entities that provide them, and limiting the usage or availability of any feature or service, within the limits of applicable laws and regulations. The most current version of this Agreement is available online at xxx.xxxxxxxxxxxxxxxxx.xxx under personal investing/investor information or by contacting your Representativerepresentative. No provision of this Agreement can be amended or waived except in writing by an authorized representative of SAI. Your Representative is not authorized to act on behalf of SAI or our RIA to change any terms of this Agreement. We or The Clearing Firm may transfer our interests in your account or this Agreement to any of our successors and assigns, whether by merger, consolidation, or otherwise. You may not transfer your interests in your account or this Agreement except with our prior written approval, or through inheritance, corporate dissolution, or similar circumstance, as allowed by law, in which case any rights and obligations in existence at the time will accrue to, and be binding on, your heirs, executors, administrators, successors, or assigns. We or The Clearing Firm may enforce this Agreement against any and all account owners. Although we or The Clearing Firm may not always enforce certain provisions of this Agreement, both parties retain the full right to do so at any time. If any provision of this Agreement is found to be in conflict with applicable laws, rules, or regulations, either present or future, that provision will be enforced to the maximum extent allowable, or made to conform, as the case may be. However, the remainder of this Agreement will remain fully in effect. No waiver of any provision of this Agreement will be considered a waiver of any other provision. If for any reason (such as the termination of a contract between us and The Clearing Firm) your account is held directly by The Clearing Firm, it may be restricted, and there may be new or different fees and commissions. Examples of restrictions include the ability to place sell orders only and the loss of electronic trading. Although there is no minimum balance requirement beyond those set by industry regulation, we may review your account for activity and may charge an inactivity fee, close your account, or transfer your account to another provider. We will notify you in writing before we close or transfer your account. If your account is transferred, it may have different fees, features and terms. ADDITIONAL ACCOUNT TERMS AND CONDITIONS associated with it are terminated. The bank associated with your debit card and checkwriting services cannot close your brokerage account, but can terminate its debit card or checkwriting services In order to ensure you are able to receive communications, (including statements, checks, etc.) from us, it is important that you notify us of your address should you move. If we receive mail returned from the U.S. post office as undeliverable and we or your representative are unable to contact you or find your correct address, you may be designated as a “lost security holder.” If this happens, your account may be restricted and/or closed. You may not be able to place trades or receive funds from your account until you update your address. If you are designated as a “lost security holder” we will attempt to find you by conducting data base searches. In addition, if we are unable to contact you for a certain period of time (the period of time is specified by applicable state laws and may vary from state to state) your account Transferring Money Electronically Options for transferring cash in and out of your core account electronically include wires, which use the Federal Reserve wire system, and Electronic Funds Transfer (EFT), which work like an electronic check. These features are optional and require separate instructions from you, which we will relay to NFS. Applicable Rules and Regulations All transactions through NFS are subject to the rules, guidelines and customs of the marketplace where they are executed, and those of any clearing facility NFS may use, as well as applicable state and federal laws and any trading policies and limitations of NFS that are in effect at the time. BUSINESS CONTINUITY PLAN DISCLOSURE balance and any un-cashed checks or outstanding credits may be transferred to a state unclaimed property administrator. Regardless of how or when your account is closed, you will remain responsible for all unpaid obligations of your account. This includes charges, debit items, or other transactions you initiated or authorized, whether arising before or after termination, as well as any fees incurred We have developed a comprehensive business continuity plan (“the Plan”) that covers the broker-dealer operations of Securities America, Inc. (SAI) and Securities America Advisors, Inc. (SAA) collectively referred to as the Securities America Companies. SAI and SAA are owned by Securities America Financial Corporation. While each of the Securities America Companies operates as a separate company, SAI and SAA share personnel and facilities to provide coordinated administrative and support services for clients. The Business Continuity Plan is designed to ensure that the Securities America Companies are prepared to continue providing service to our clients in the event that we experience a significant disruption of any kind to our business operations. The Plan addresses business disruptions of varying severity and scope at our headquarters. It provides for testing at least annually and in response to any material changes affecting our business, and takes into consideration our critical third-party relationships. Although it is impossible to anticipate every scenario, we believe that our plan should enable us to resume doing business upon the occurrence of those events that are most likely to affect our headquarters and our data centers. As part of our Plan, we have developed a proprietary, geographically diverse back-up facility complete with space for key employees as well as telephones, computers, and other necessary hardware. This proprietary facility is located on a separate power grid from our headquarters and is serviced by a different power provider. It has local and long distance telephone service providers that are distinct from those that service the Securities America Companies’ headquarters. What follows is a description of how the Securities America Companies should respond to the following four types of disruptions: (1) A firm- only disruption, (2) a disruption that affects a single building, (3) a disruption that affects the entire city or business district, and (4) a disruption that affects the entire Midwest region. We have also included information about how long we expect it should take us to recover from these disruptions.

Appears in 1 contract

Samples: Securities America Broker/Dealer Terms and Conditions

Modification and Enforcement. We may amend this Agreement at any time. This may include changing, dropping, or adding fees and policies, changing features and services or the entities that provide them, and limiting the usage or availability of any feature or service, within the limits of applicable laws and regulations. The most current version of this Agreement is available online at xxx.xxxxxxxxxxxxxxxxx.xxx under personal investing/investor information or by contacting your Representativerepresentative. No provision of this Agreement can be amended or waived except in writing by an authorized representative of SAI. Your Representative is not authorized to act on behalf of SAI or our RIA to change any terms of this Agreement. We or The Clearing Firm may transfer our interests in your account or this Agreement to any of our successors and assigns, whether by merger, consolidation, or otherwise. You may not transfer your interests in your account or this Agreement except with our prior written approval, or through inheritance, corporate dissolution, or similar circumstance, as allowed by law, in which case any rights and obligations in existence at the time will accrue to, and be binding on, your heirs, executors, administrators, successors, or assigns. We or The Clearing Firm may enforce this Agreement against any and all account owners. Although we or The Clearing Firm may not always enforce certain provisions of this Agreement, both parties retain the full right to do so at any time. If any provision of this Agreement is found to be in conflict with applicable laws, rules, or regulations, either present or future, that provision will be enforced to the maximum extent allowable, or made to conform, as the case may be. However, the remainder of this Agreement will remain fully in effect. No waiver of any provision of this Agreement will be considered a waiver of any other provision. If for any reason (such as the termination of a contract between us and The Clearing Firm) your account is held directly by The Clearing Firm, it may be restricted, and there may be new or different fees and commissions. Examples of restrictions include the ability to place sell orders only and the loss of electronic trading. Although there is no minimum balance requirement beyond those set by industry regulation, we may review your account for activity and may charge an inactivity fee, close your account, or transfer your account to another provider. We will notify you in writing before we close or transfer your account. If your account is transferred, it may have different fees, features and terms.

Appears in 1 contract

Samples: Customer Agreement

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