Monitoring Your Account. As an account owner, you are responsible for monitoring your account. This includes making sure that all transactions are accurate and that you are receiving confirmations, account statements, and any other expected communications. You should review these communications to ensure that the information about you and the activities in your account are accurate and contain nothing suspicious or unauthorized. You understand that The Clearing Firm does not monitor your brokerage account for you and has no duty to advise you of any issue regarding your brokerage account or us. If you have the Program or BDSP as your core account investment vehicle, you understand that we or the Clearing Firm will not monitor the amount of your Program or BDSP balance to determine whether it exceeds the limits of FDIC insurance, and that you are responsible for monitoring the total amount on deposit with each Program Bank in order to determine the extent of FDIC insurance coverage available to you. If you are a trustee or other fiduciary, you are responsible for determining the application of the insurance rules for the account and its beneficiaries. Depending on the amount of deposits that you have at any Program Bank apart from your Program or BDSP Deposits, you may wish to limit deposits in the Program or BDSP. So long as we or The Clearing Firm or Product Sponsor send communications to you at the physical or electronic address of record given on the application, or to any other address given to us by an owner, the communications are legally presumed to have been delivered, whether you actually received them or not. In addition, confirmations are presumed to be accurate unless you specifically notify us in writing within five days of when they were sent to you; account statements, within ten days. If you have not received a communication you expected, or if you have a question or believe you have found an error in any communication, telephone us immediately and follow up with written notice at the telephone number and address listed under Notices. LIMITS OF RESPONSIBILITY these products or to meet any selling quotas related specifically to these products, but they may receive compensation when these products are sold and may receive fees for referring clients for these services. We encourage you to discuss any potential conflicts of interest with your representative. Certain securities, such as over-the-counter stocks and fixed income securities are traded primarily in "dealer" markets. In such markets, securities are directly purchased from, or sold to, a financial institution acting as a dealer, or "principal." Dealers executing principal trades typically include a "xxxx-up," "xxxx-down," and/or spread in the net price at which transactions are executed. Your representative may recommend certain bond trade transactions utilizing a LTFS subsidiary, LTCO, to execute a transaction for a security traded in the dealer markets; LTCO will either execute the transaction as agent through a dealer unaffiliated with LTCO, or as principal in accordance with applicable law. Those accounts covered under the Employee Retirement Income Security Act of 1974, as amended (ERISA) are exempt from principal transactions. The client will bear the cost (including any xxxx-up, xxxx-down, and/or spread) imposed by the dealer as part of the price of the security. SAI may have a conflict of interest in using LTCO to execute principal transactions because LTCO will receive compensation in connection with the trade as dealer. Clients may also purchase securities through broker-dealers in initial public offerings, secondary offerings and special purpose acquisition company transactions. An LTFS subsidiary may act as an underwriter or manager for such offerings, and as such, will receive compensation equal to either all or a portion of “gross spread” (the difference Although all entities that provide services to your account strive to ensure the quality and reliability of those services, neither we nor the Clearing Firm can be responsible for the availability, accuracy, timeliness, completeness, or security of any service related to your account. These services are provided “as is” and “as available”. You therefore agree that we and NFS are not responsible to you for any losses (meaning claims, damages, actions, demands, investment losses, direct or indirect, incidental, special, punitive, consequential, or other losses, as well as any costs, charges, attorneys’ fees, or other fees and expenses) that you incur as a result of conditions beyond our control or any agreement between the Parties. This includes, for example: • Any action that is done in accordance with the procedures described in this Agreement or an applicable mutual fund or securities prospectus or the Program or BDSP Disclosure Document or other investment description. • The acceptance and processing of any order or transaction placed in your account, whether received electronically or through other means, as long as the order appears to be authentic. • Investment decisions or instructions placed in your account or other such actions attributable to you or any authorized person including your Representative. • Occurrences related to governments or markets, such as rules and regulations, restrictions, suspensions of trading, bank closures or bank regulatory, legal or other limitations or restrictions or high market volatility or trading volumes. • Uncontrollable circumstances in the world at large, such as wars, terrorist activities, earthquakes, power outages, or unusual weather conditions. • Occurrences related to computers and communications, such as a network or systems failure, a message interception, or an instance of unauthorized access or breach of security over which we have no control or reasonable ability to know it has occurred (such as theft of your personal information by a third party, spyware or malware on your computer) or other actions or inactions by you resulting in unauthorized activities in your account. • Telephone requests for money transfers, so long as we transmit the proceeds to you or the bank account number identified by you. • Any checks or other debits to your account that are not honored because the account has insufficient funds. If any service failure is determined to be our responsibility, we will be liable only for whatever benefit you would have realized up to the time by which you should have notified us, as specified earlier in “Monitoring Your Account.”
Appears in 1 contract
Samples: Securities America Broker/Dealer Terms and Conditions
Monitoring Your Account. As an account owner, you are responsible for monitoring your account. This includes making sure that all transactions are accurate and that you are receiving confirmations, account statements, and any other expected communications. You should review these communications to ensure that the information about you and the activities in your account are accurate and contain nothing suspicious or unauthorized. You understand that The Clearing Firm does not monitor your brokerage account for you and has no duty to advise you of any issue regarding your brokerage account or us. If you have the Deutsche Bank Insured Deposit Program or BDSP as your core account investment vehiclevehicle (as described on page 10), you understand that we or the Clearing Firm will not monitor the amount of your Program or BDSP balance to determine whether it exceeds the limits of FDIC insurance, and that you are responsible for monitoring the total amount of your assets on deposit with each any Program Bank in order to determine the extent of FDIC insurance coverage available to you. If you are a trustee or other fiduciary, you are responsible for determining the application of the insurance rules for the account and its beneficiaries. Depending on the amount of deposits that you have at any Program Bank apart from your Program or BDSP Deposits, you may wish to limit deposits in the Program or BDSP. So long as we or The Clearing Firm or Product Sponsor send communications to you at the physical or electronic address of record given on the application, or to any other address given to us by an owner, the communications are legally presumed to have been delivered, whether you actually received them or not. In addition, confirmations are presumed to be accurate unless you specifically notify us in writing within five days of when they were sent to you; account statements, within ten days. If you have not received a communication you expected, or if you have a question or believe you have found an error in any communication, telephone us immediately and follow up with written notice at the telephone number and address listed on page 1 under Notices. LIMITS OF RESPONSIBILITY these products or large short-term fluctuations. You want to meet any selling quotas related specifically be protected somewhat from large downside market movements and are willing to these productsnot fully participant when the markets rally upwards. You understand your portfolio will still fall when markets decline, but they may receive compensation when these products you want to be somewhat protected. Moderate: This risk tolerance indicates you are sold and may receive fees for referring clients for these services. We encourage you to discuss any potential conflicts of interest with your representative. Certain securities, such as overin a middle-of-the-counter stocks road category. You want good returns and fixed income securities are traded primarily in "dealer" markets. In such markets, securities are directly purchased from, or sold to, a financial institution acting as a dealer, or "principal." Dealers executing principal trades typically include a "xxxx-up," "xxxx-down," and/or spread in the net price at which transactions are executedknow that you must take on more risk to get those good returns. Your representative portfolio may recommend certain bond trade transactions utilizing hold a LTFS subsidiary, LTCO, wide range of asset classes ranging from short term bonds to execute a transaction for a security traded in the dealer markets; LTCO will either execute the transaction as agent through a dealer unaffiliated with LTCO, or as principal in accordance with applicable law. Those accounts covered under the Employee Retirement Income Security Act of 1974, as amended (ERISA) are exempt from principal transactions. The client will bear the cost (including any xxxx-up, xxxx-down, and/or spread) imposed by the dealer as part of the price of the security. SAI may have a conflict of interest in using LTCO to execute principal transactions because LTCO will receive compensation in connection with the trade as dealer. Clients may also purchase securities through broker-dealers in initial public offerings, secondary offerings and special purpose acquisition company transactions. An LTFS subsidiary may act as an underwriter or manager for such offerings, and as such, will receive compensation equal to either all or a portion of “gross spread” (the difference Although all entities that provide services to your account strive to ensure the quality and reliability of those services, neither we nor the Clearing Firm can be responsible for the availability, accuracy, timeliness, completeness, or security of any service related to your account. These services are provided “as is” and “as available”high risk stock funds. You therefore agree that we and NFS are not responsible to you for any losses (meaning claims, damages, actions, demands, investment losses, direct or indirect, incidental, special, punitive, consequential, or other losses, as well as any costs, charges, attorneys’ fees, or other fees and expenses) know that you incur as a result of conditions beyond our control or any agreement between will lose money if the Parties. This includes, for example: • Any action that is done markets go down but also expect to participate in accordance with gains when the procedures described in this Agreement or an applicable mutual fund or securities prospectus or the Program or BDSP Disclosure Document or other investment description. • The acceptance and processing of any order or transaction placed in your account, whether received electronically or through other means, as long as the order appears to be authentic. • Investment decisions or instructions placed in your account or other such actions attributable to you or any authorized person including your Representative. • Occurrences related to governments or markets, such as rules and regulations, restrictions, suspensions of trading, bank closures or bank regulatory, legal or other limitations or restrictions or high market volatility or trading volumes. • Uncontrollable circumstances in the world at large, such as wars, terrorist activities, earthquakes, power outages, or unusual weather conditions. • Occurrences related to computers and communications, such as a network or systems failure, a message interception, or an instance of unauthorized access or breach of security over which we have no control or reasonable ability to know it has occurred (such as theft of your personal information by a third party, spyware or malware on your computer) or other actions or inactions by you resulting in unauthorized activities in your account. • Telephone requests for money transfers, so long as we transmit the proceeds to you or the bank account number identified by you. • Any checks or other debits to your account that markets are not honored because the account has insufficient funds. If any service failure is determined to be our responsibility, we will be liable only for whatever benefit you would have realized up to the time by which you should have notified us, as specified earlier in “Monitoring Your Accountperforming well.”
Appears in 1 contract
Samples: Customer Agreement
Monitoring Your Account. As an account owner, you are responsible for monitoring your account. This includes making sure that all transactions are accurate and that you are receiving confirmations, account statements, and any other expected communications. You should review these communications to ensure that the information about you and the activities in your account are accurate and contain nothing suspicious or unauthorized. You understand that The Clearing Firm does not monitor your brokerage account for you and has no duty to advise you of any issue regarding your brokerage account or us. If you have the Program or BDSP as your core account investment vehicle, you understand that we or the Clearing Firm will not monitor the amount of your Program or BDSP balance to determine whether it exceeds the limits of FDIC insurance, and that you are responsible for monitoring the total amount on deposit with each Program Bank in order to determine the extent of FDIC insurance coverage available to you. If you are a trustee or other fiduciary, you are responsible for determining the application of the insurance rules for the account and its beneficiaries. Depending on the amount of deposits that you have at any Program Bank apart from your Program or BDSP Deposits, you may wish to limit deposits in the Program or BDSP. So long as we or The Clearing Firm or Product Sponsor send communications to you at the physical or electronic address of record given on the application, or to any other address given to us by an owner, the communications are legally presumed to have been delivered, whether you actually received them or not. In addition, confirmations are presumed to be accurate unless you specifically notify us in writing within five days of when they were sent to you; account statements, within ten days. If you have not received a communication you expected, or if you have a question or believe you have found an error in any communication, telephone us immediately and follow up with written notice at the telephone number and address listed under Notices. LIMITS OF RESPONSIBILITY these products or to meet any selling quotas related specifically to these products, but they may receive compensation when these products are sold and may receive fees for referring clients for these services. We encourage you to discuss any potential conflicts of interest with your representative. Certain securities, such as over-the-counter stocks and fixed income securities are traded primarily in "dealer" markets. In such markets, securities are directly purchased from, or sold to, a financial institution acting as a dealer, or "principal." Dealers executing principal trades typically include a "xxxx-up," "xxxx-down," and/or spread in the net price at which transactions are executed. Your representative may recommend certain bond trade transactions utilizing a LTFS subsidiary, LTCO, to execute a transaction for a security traded in the dealer markets; LTCO will either execute the transaction as agent through a dealer unaffiliated with LTCO, or as principal in accordance with applicable law. Those accounts covered under the Employee Retirement Income Security Act of 1974, as amended (ERISA) are exempt from principal transactions. The client will bear the cost (including any xxxx-up, xxxx-down, and/or spread) imposed by the dealer as part of the price of the security. SAI may have a conflict of interest in using LTCO to execute principal transactions because LTCO will receive compensation in connection with the trade as dealer. Clients may also purchase securities through broker-dealers in initial public offerings, secondary offerings and special purpose acquisition company transactions. An LTFS subsidiary may act as an underwriter or manager for such offerings, and as such, will receive compensation equal to either all or a portion of “gross spread” (the difference Although all entities that provide services to your account strive to ensure the quality and reliability of those services, neither we nor the Clearing Firm can be responsible for the availability, accuracy, timeliness, completeness, or security of any service related to your account. These services are provided “as is” and “as available”. You therefore agree that we and NFS are not responsible to you for any losses (meaning claims, damages, actions, demands, investment losses, direct or indirect, incidental, special, punitive, consequential, or other losses, as well as any costs, charges, attorneys’ fees, or other fees and expenses) that you incur as a result of conditions beyond our control or any agreement between the Parties. This includes, for example: • Any action that is done in accordance with the procedures described in this Agreement or an applicable mutual fund or securities prospectus or the Program or BDSP Disclosure Document or other investment description. • The acceptance and processing of any order or transaction placed in your account, whether received electronically or through other means, as long as the order appears to be authentic. • Investment decisions or instructions placed in your account or other such actions attributable to you or any authorized person including your Representative. • Occurrences related to governments or markets, such as rules and regulations, restrictions, suspensions of trading, bank closures or bank regulatory, legal or other limitations or restrictions or high market volatility or trading volumes. • Uncontrollable circumstances in the world at large, such as wars, terrorist activities, earthquakes, power outages, or unusual weather conditions. • Occurrences related to computers and communications, such as a network or systems failure, a message interception, or an instance of unauthorized access or breach of security over which we have no control or reasonable ability to know it has occurred (such as theft of your personal information by a third party, spyware or malware on your computer) or other actions or inactions by you resulting in unauthorized activities in your account. • Telephone requests for money transfers, so long as we transmit the proceeds to you or the bank account number identified by you. • Any checks or other debits to your account that are not honored because the account has insufficient funds. If any service failure is determined to be our responsibility, we will be liable only for whatever benefit you would have realized up to the time by which you should have notified us, as specified earlier in “Monitoring Your Account.” to ensure that the information about you and the activities in your account are accurate and contain nothing suspicious or unauthorized. You understand that The Clearing Firm does not monitor your brokerage account for you and has no duty to advise you of any issue regarding your brokerage account or us. If you have a BDSP as your Core Account Investment Vehicle, you understand that we or the Clearing Firm will not monitor the amount of your BDSP balance to determine whether it exceeds the limits of FDIC insurance, and that you are responsible for monitoring the total amount on deposit with each Program Bank in order to determine the extent of FDIC insurance coverage available to you. If you are a trustee or other fiduciary, you are responsible for determining the application of the insurance rules for the account and its beneficiaries. Depending on the amount of deposits that you have at any Program Bank apart from your Program Deposits, you may wish to limit deposits in the Program. So long as we or The Clearing Firm or Product Sponsor send communications to you at the physical or electronic address of record given on the application, or to any other address given to us by an owner, the communications are legally presumed to have been delivered, whether you actually received them or not. In addition, confirmations are presumed to be accurate unless you specifically notify us in writing within five days of when they were sent to you; account statements, within ten days. If you have not received a communication you expected, or if you have a question or believe you have found an error in any communication, telephone us immediately and follow up with written notice at the telephone number and address listed under Notices. LIMITS OF RESPONSIBILITY Although all entities that provide services to your account strive to ensure the quality and reliability of those services, neither we nor the Clearing Firm can be responsible for the availability, accuracy, timeliness, completeness, or security of any service related to your account. These services are provided “as is” and “as available”. You therefore agree that we and NFS are not responsible to you for any losses (meaning claims, damages, actions, demands, investment losses, direct or indirect, incidental, special, punitive, consequential, or other losses, as well as any costs, charges, attorneys’ fees, or other fees and expenses) that you incur as a result of conditions beyond our control or any agreement between the Parties. This includes, for example: • Any action that is done in accordance with the procedures described in this Agreement or an applicable mutual fund or securities prospectus or Bank Deposit Sweep Program disclosure document or other investment description. • The acceptance and processing of any order or transaction placed in your account, whether received electronically or through other means, as long as the order appears to be authentic. • Investment decisions or instructions placed in your account or other such actions attributable to you or any authorized person including your Representative. • Occurrences related to governments or markets, such as rules and regulations, restrictions, suspensions of trading, bank closures or INDEMNIFICATION You agree to indemnify us from, and hold us harmless for, any losses (as defined in Limits of Responsibility) resulting from your actions or failures to act, whether intentional or not, including losses resulting from actions taken by third parties on your behalf. Beyond taking reasonable steps to verify the authenticity of instructions, we have no obligation to contact you with regard to the purpose, wisdom, or propriety of any instruction we receive from you or your authorized agents.
Appears in 1 contract
Samples: Customer Agreement
Monitoring Your Account. As an account owner, you are responsible for monitoring your account. This includes making sure that all transactions are accurate and that you are receiving confirmations, account statements, and any other expected communications. You should review these communications to ensure that the information about you and the activities in your account are accurate and contain nothing suspicious or unauthorized. You understand that The Clearing Firm does not monitor your brokerage account for you and has no duty to advise you of any issue regarding your brokerage account or us. If you have the IC Program or BDSP BD Program as your core account investment vehiclevehicle (as described on page 9), you understand that we or the Clearing Firm will not monitor the amount of your Program or BDSP balance to determine whether it exceeds the limits of FDIC insurance, and that you are responsible for monitoring the total amount of your assets on deposit with each Program Bank in order to determine the extent of FDIC insurance coverage available to you. If you are a trustee or other fiduciary, you are responsible for determining the application of the insurance rules for the account and its beneficiaries. Depending on the amount of deposits that you have at any Program Bank apart from your Program or BDSP Deposits, you may wish to limit deposits in the Program or BDSP. So long as we or The Clearing Firm or Product Sponsor send communications to you at the physical or electronic address of record given on the application, or to any other address given to us by an owner, the communications are legally presumed to have been delivered, whether you actually received them or not. In addition, confirmations are presumed to be accurate unless you specifically notify us in writing within five days of when they were sent to you; account statements, within ten days. If you have not received a communication you expected, or if you have a question or believe you have found an error in any communication, telephone us immediately and follow up with written notice at the telephone number and address listed on page 1 under Notices. LIMITS OF RESPONSIBILITY these products or large short-term fluctuations. You want to meet any selling quotas related specifically be protected somewhat from large downside market movements and are willing to these productsnot fully participant when the markets rally upwards. You understand your portfolio will still fall when markets decline, but they may receive compensation when these products you want to be somewhat protected. Moderate: This risk tolerance indicates you are sold and may receive fees for referring clients for these services. We encourage you to discuss any potential conflicts of interest with your representative. Certain securities, such as overin a middle-of-the-counter stocks road category. You want good returns and fixed income securities are traded primarily in "dealer" markets. In such markets, securities are directly purchased from, or sold to, a financial institution acting as a dealer, or "principal." Dealers executing principal trades typically include a "xxxx-up," "xxxx-down," and/or spread in the net price at which transactions are executedknow that you must take on more risk to get those good returns. Your representative portfolio may recommend certain bond trade transactions utilizing hold a LTFS subsidiary, LTCO, wide range of asset classes ranging from short term bonds to execute a transaction for a security traded in the dealer markets; LTCO will either execute the transaction as agent through a dealer unaffiliated with LTCO, or as principal in accordance with applicable law. Those accounts covered under the Employee Retirement Income Security Act of 1974, as amended (ERISA) are exempt from principal transactions. The client will bear the cost (including any xxxx-up, xxxx-down, and/or spread) imposed by the dealer as part of the price of the security. SAI may have a conflict of interest in using LTCO to execute principal transactions because LTCO will receive compensation in connection with the trade as dealer. Clients may also purchase securities through broker-dealers in initial public offerings, secondary offerings and special purpose acquisition company transactions. An LTFS subsidiary may act as an underwriter or manager for such offerings, and as such, will receive compensation equal to either all or a portion of “gross spread” (the difference Although all entities that provide services to your account strive to ensure the quality and reliability of those services, neither we nor the Clearing Firm can be responsible for the availability, accuracy, timeliness, completeness, or security of any service related to your account. These services are provided “as is” and “as available”high risk stock funds. You therefore agree that we and NFS are not responsible to you for any losses (meaning claims, damages, actions, demands, investment losses, direct or indirect, incidental, special, punitive, consequential, or other losses, as well as any costs, charges, attorneys’ fees, or other fees and expenses) know that you incur as a result of conditions beyond our control or any agreement between will lose money if the Parties. This includes, for example: • Any action that is done markets go down but also expect to participate in accordance with gains when the procedures described in this Agreement or an applicable mutual fund or securities prospectus or the Program or BDSP Disclosure Document or other investment description. • The acceptance and processing of any order or transaction placed in your account, whether received electronically or through other means, as long as the order appears to be authentic. • Investment decisions or instructions placed in your account or other such actions attributable to you or any authorized person including your Representative. • Occurrences related to governments or markets, such as rules and regulations, restrictions, suspensions of trading, bank closures or bank regulatory, legal or other limitations or restrictions or high market volatility or trading volumes. • Uncontrollable circumstances in the world at large, such as wars, terrorist activities, earthquakes, power outages, or unusual weather conditions. • Occurrences related to computers and communications, such as a network or systems failure, a message interception, or an instance of unauthorized access or breach of security over which we have no control or reasonable ability to know it has occurred (such as theft of your personal information by a third party, spyware or malware on your computer) or other actions or inactions by you resulting in unauthorized activities in your account. • Telephone requests for money transfers, so long as we transmit the proceeds to you or the bank account number identified by you. • Any checks or other debits to your account that markets are not honored because the account has insufficient funds. If any service failure is determined to be our responsibility, we will be liable only for whatever benefit you would have realized up to the time by which you should have notified us, as specified earlier in “Monitoring Your Accountperforming well.”
Appears in 1 contract
Samples: Customer Agreement
