Participant Acknowledgments. Participant further acknowledges and agrees that: A. it is fully aware of the speculative nature and high risk associated with the Services referred to in this Agreement and of derivatives, futures, swaps, and options trading generally (including the risk that Participant or its Authorized Representatives may incur trading losses); B. it is fully aware that if Participant transfers digital currency away from Company, that transfer is immediately irreversible once effectuated, that Participant is solely responsible for designating the correct destination and maintaining the ability to access and control the transferred digital currency, and that Company accepts no responsibility for Participant’s ability to access or control any digital currency transferred away from Company by Participant; C. it is fully aware of, acknowledges, and agrees to Company’s Digital Currency Fork policy set forth in Rule 11.14 of the applicable Rulebook(s); D. it will abide by and be subject to the applicable Rulebook(s), as now existing and as hereafter duly amended from time to time, including the obligation to submit to arbitration or the jurisdiction of the State or Federal courts located within the City of New York in accordance with Rules 10.1 - 10.5, 11.5 and 11.6 of the applicable Rulebook(s); E. Participant agrees to be bound by, and comply with, this Agreement, and amendments to this Agreement, solely by Participant’s or its Authorized Representatives’ access or use of the Services; F. notwithstanding the above, amendments to this Agreement are automatically effective unless, within ten days of the change, Participant: (1) ceases using the Services, (2) does not enter into any further trades of any kind on the Platform, and (3) gives notice to Company to arrange for the closing of its Accounts; G. this Agreement is enforceable against Participant, and against each of its Authorized Representatives directly, through the dispute resolution procedures in this Agreement and the applicable Rulebook(s); H. its status as a Participant may be limited, conditioned, restricted or terminated by the Board or Company in accordance with the applicable Rulebook(s); I. it will provide such other information as may be reasonably requested by Company from time to time as may be necessary or desirable to verify its qualifications as a Participant; J. it authorizes Company to verify, on an initial and a periodic basis, by investigation, the statements in the application materials provided to Company, which may include a criminal background check, a review of Participant’s credit report, and such other action reasonably deemed necessary by Company; K. it authorizes any governmental, regulatory or self-regulatory body, futures exchange, swap execution facility, securities exchange, national securities association, national futures association, bank or other entity to furnish to Company, upon its request, any information such entity may have concerning Participant, and Participant hereby releases such entity from any and all liability of whatsoever nature by reason of furnishing any such information to Company; L. it hereby authorizes Company to make available to any governmental, regulatory or self- regulatory body, futures exchange, swap execution facility, securities exchange, national securities association, national futures association, bank or other entity (upon such entity’s showing of proper authority and need) any information Company may have concerning Participant, and it hereby releases Company from any and all liability of whatsoever nature by reason of furnishing any such information; M. it will not fraudulently deposit funds into its Participant Account, Collateral Account, or any other account associated with this Agreement or the use of Company’s Services (individually, an “Account” and collectively, the “Accounts”); N. it hereby authorizes Company to deduct from its Accounts maintained on the books and records of Company all fees or other charges accruing to Participant, including legal fees and costs; O. it hereby authorizes Company to cancel, reverse, close out or transfer Participant’s or its Authorized Representatives’ position or terminate its Accounts at Company’s sole discretion, and without prior reference to the Participant or its Authorized Representatives, provided that the position is not sufficiently collateralized, as determined in the sole and absolute discretion of Company; P. it will be responsible to Company for payment of any deficiency remaining in Participant’s Account should an Account be liquidated or terminated; Q. it will keep confidential all information related to the Settlement Bank, including but not limited to the name of such Settlement Bank, account numbers, and bank personnel, except as necessary to perform Company-related transfers; R. upon each transfer of Underlying to Company, it will pledge to Company a first-priority security interest in such Underlying, and it authorizes Company to make transfers of such Underlying in accordance with the applicable Rulebook(s); S. it hereby declares that the statements in this Agreement and in any application materials provided to Company are true, complete and accurate, and that it will promptly notify Company in writing if any representation, warranty or covenant made herein changes or ceases to be true; T. it will be solely responsible, at its own risk and expense, for (1) acquiring, installing and maintaining all equipment, hardware and software (other than any applications, algorithms, software, interfaces or code that Company may provide to such Participant pursuant to the terms of this Agreement for purposes of accessing and utilizing the Platform (collectively, “Trading Tools”) and the Platform), internet access, telecommunications, and network systems necessary and compatible for it to access and use the Platform and Trading Tools and (2) ensuring that any systems, facilities, servers, routers, and other equipment and software it uses to access and use the Platform and Trading Tools are at all times protected by, and at all times comply with, all applicable information security and firewall precautions, at a level of security not less than that prevailing in the industry; U. Company cannot guarantee electronic access to the Platform if Participant’s internet service is down or disconnected, and that Company is not responsible for any losses due to Participant’s inability to connect to the Platform when Participant’s internet service is impaired, down or disconnected; V. it will comply with any security polices applicable to Participant set forth on the Website; W. it consents to the electronic delivery of all tax forms, including, without limitation, IRS Form 1099- B, or such other tax forms as Company may determine are required; and X. it is obligated to update any and all information contained in any part of this Agreement for so long as Participant receives access to Services pursuant to this Agreement.
Appears in 2 contracts
Samples: Participant Agreement, Participant Agreement
Participant Acknowledgments. Participant further acknowledges and agrees that:
A. it is fully aware of the speculative nature and high risk associated with the Services referred to in this Agreement and of derivatives, futures, swaps, and options trading generally (including the risk that Participant or its Authorized Representatives may incur trading losses);
B. it is fully aware that if Participant transfers digital currency away from Company, that transfer is immediately irreversible once effectuated, that Participant is solely responsible for designating the correct destination and maintaining the ability to access and control the transferred digital currency, and that Company accepts no responsibility for Participant’s ability to access or control any digital currency transferred away from Company by Participant;
C. it is fully aware of, acknowledges, and agrees to Company’s Digital Currency Fork policy set forth in Rule 11.14 of the applicable Rulebook(s);
D. it will abide by and be subject to the applicable Rulebook(s), as now existing and as hereafter duly amended from time to time, including the obligation to submit to arbitration or the jurisdiction of the State or Federal courts located within the City of New York in accordance with Rules 10.1 - 10.5, 11.5 and 11.6 of the applicable Rulebook(s);
E. Participant agrees to be bound by, and comply with, this Agreement, and amendments to this Agreement, solely by Participant’s or its Authorized Representatives’ access or use of the Services;
F. notwithstanding the above, amendments to this Agreement are automatically effective unless, within ten days of the change, Participant: (1) ceases using the Services, (2) does not enter into any further trades of any kind on the Platform, and (3) gives notice to Company to arrange for the closing of its Accounts;
G. this Agreement is enforceable against Participant, and against each of its Authorized Representatives directly, through the dispute resolution procedures in this Agreement and the applicable Rulebook(s); H. its status as a Participant may be limited, conditioned, restricted or terminated by the Board or Company in accordance with the applicable Rulebook(s);
I. it will provide such other information as may be reasonably requested by Company from time to time as may be necessary or desirable to verify its qualifications as a Participant; J. it authorizes Company to verify, on an initial and a periodic basis, by investigation, the statements in the application materials provided to Company, which may include a criminal background check, a review of Participant’s credit report, and such other action reasonably deemed necessary by Company;
K. it authorizes any governmental, regulatory or self-regulatory body, futures exchange, swap execution facility, securities exchange, national securities association, national futures association, bank or other entity to furnish to Company, upon its request, any information such entity may have concerning Participant, and Participant hereby releases such entity from any and all liability of whatsoever nature by reason of furnishing any such information to Company;
L. it hereby authorizes Company to make available to any governmental, regulatory or self- regulatory body, futures exchange, swap execution facility, securities exchange, national securities association, national futures association, bank or other entity (upon such entity’s showing of proper authority and need) any information Company may have concerning Participant, and it hereby releases Company from any and all liability of whatsoever nature by reason of furnishing any such information;
M. it will not fraudulently deposit funds into its Participant Account, Collateral Account, or any other account associated with this Agreement or the use of Company’s Services (individually, an “Account” and collectively, the “Accounts”);
N. it hereby authorizes Company to deduct from its Accounts maintained on the books and records of Company all fees or other charges accruing to Participant, including legal fees and costs; O. it hereby authorizes Company to cancel, reverse, close out or transfer Participant’s or its Authorized Representatives’ position or terminate its Accounts at Company’s sole discretion, and without prior reference to the Participant or its Authorized Representatives, provided that the position is not sufficiently collateralized, as determined in the sole and absolute discretion of Company; P. it will be responsible to Company for payment of any deficiency remaining in Participant’s Account should an Account be liquidated or terminated;
Q. it will keep confidential all information related to the Settlement Bank, including but not limited to the name of such Settlement Bank, account numbers, and bank personnel, except as necessary to perform Company-related transfers;
R. upon each transfer of Underlying to Company, it will pledge to Company a first-priority security interest in such Underlying, and it authorizes Company to make transfers of such Underlying in accordance with the applicable Rulebook(s); S. it hereby declares that the statements in this Agreement and in any application materials provided to Company are true, complete and accurate, and that it will promptly notify Company in writing if any representation, warranty or covenant made herein changes or ceases to be true; T. it will be solely responsible, at its own risk and expense, for (1) acquiring, installing and maintaining all equipment, hardware and software (other than any applications, algorithms, software, interfaces or code that Company may provide to such Participant pursuant to the terms of this Agreement for purposes of accessing and utilizing the Platform (collectively, “Trading Tools”) and the Platform), internet access, telecommunications, and network systems necessary and compatible for it to access and use the Platform and Trading Tools and (2) ensuring that any systems, facilities, servers, routers, and other equipment and software it uses to access and use the Platform and Trading Tools are at all times protected by, and at all times comply with, all applicable information security and firewall precautions, at a level of security not less than that prevailing in the industry; U. Company cannot guarantee electronic access to the Platform if Participant’s internet service is down or disconnected, and that Company is not responsible for any losses due to Participant’s inability to connect to the Platform when Participant’s internet service is impaired, down or disconnected;
V. it will comply with any security polices applicable to Participant set forth on the Website;
W. it consents to the electronic delivery of all tax forms, including, without limitation, IRS Form 1099- B, or such other tax forms as Company may determine are required; and
X. it is obligated to update any and all information contained in any part of this Agreement for so long as Participant receives access to Services pursuant to this Agreement.
Appears in 2 contracts
Samples: Participant Agreement, Participant Agreement
Participant Acknowledgments. Participant further acknowledges and agrees that:
A. it is fully aware of the speculative nature and high risk associated with the Services referred to in this Agreement and of derivatives, futures, swaps, and options trading generally (including the risk that Participant or its Authorized Representatives may incur trading losses);
B. it is fully aware that if Participant transfers digital currency away from Company, that transfer is immediately irreversible once effectuated, that Participant is solely responsible for designating the correct destination and maintaining the ability to access and control the transferred digital currency, and that Company accepts no responsibility for Participant’s ability to access or control any digital currency transferred away from Company by Participant;
C. it is fully aware of, acknowledges, and agrees to Company’s Digital Currency Fork policy set forth in Rule 11.14 of the applicable Rulebook(sRulebook;(s);
D. it will abide by and be subject to the applicable Rulebook(sRulebook,(s), as now existing and as hereafter duly amended from time to time, including the obligation to submit to arbitration or the jurisdiction of the State or Federal courts located within the City of New York in accordance with Rules 10.1 - 10.5, 11.5 and 11.6 of the applicable Rulebook(sRulebook;(s);
E. Participant agrees to be bound by, and comply with, this Agreement, and amendments to this Agreement, solely by Participant’s or its Authorized Representatives’ access or use of the Services;
F. notwithstanding the above, amendments to this Agreement are automatically effective unless, within ten days of the change, Participant: (1) ceases using the Services, (2) does not enter into any further trades of any kind on the Platform, and (3) gives notice to Company to arrange for the closing of its Accounts;
G. this Agreement is enforceable against Participant, and against each of its Authorized Representatives directly, through the dispute resolution procedures in this Agreement and the applicable Rulebook(sRulebook;(s); ;
H. its status as a Participant may be limited, conditioned, restricted or terminated by the Board or Company in accordance with the applicable Rulebook(sRulebook;(s);
I. it will provide such other information as may be reasonably requested by Company from time to time as may be necessary or desirable to verify its qualifications as a Participant; J. it authorizes Company to verify, on an initial and a periodic basis, by investigation, the statements in the application materials provided to Company, which may include a criminal background check, a review of Participant’s credit report, and such other action reasonably deemed necessary by Company;
K. it authorizes any governmental, regulatory or self-regulatory body, futures exchange, swap execution facility, securities exchange, national securities association, national futures association, bank or other entity to furnish to Company, upon its request, any information such entity may have concerning Participant, and Participant hereby releases such entity from any and all liability of whatsoever nature by reason of furnishing any such information to Company;
L. it hereby authorizes Company to make available to any governmental, regulatory or self- regulatory body, futures exchange, swap execution facility, securities exchange, national securities association, national futures association, bank or other entity (upon such entity’s showing of proper authority and need) any information Company may have concerning Participant, and it hereby releases Company from any and all liability of whatsoever nature by reason of furnishing any such information;
M. it will not fraudulently deposit funds into its Participant Account, Collateral Account, Cleared Swaps Customer Account, Proprietary Account or any other account associated with this Agreement or the use of Company’s Services servicesServices (individually, an “Account” and collectively, the “Accounts”);
N. it hereby authorizes Company to deduct from its Accounts maintained on the books and records of Company all fees or other charges accruing to Participant, including legal fees and costs; ;
O. it hereby authorizes Company to cancel, reverse, close out or transfer Participant’s or its Authorized Representatives’ position or terminate its Accounts at Company’s sole discretion, and without prior reference to the Participant or its Authorized Representatives, provided that the position is not sufficiently collateralized, as determined in the sole and absolute discretion of Company; ;
P. it will be responsible to Company for payment of any deficiency remaining in Participant’s Account should an Account be liquidated or terminated;
Q. it will keep confidential all information related to the Settlement Bank, including but not limited to the name of such Settlement Bank, account numbers, and bank personnel, except as necessary to perform Company-related transfers;
R. upon each transfer of Underlying to Company, it will pledge to Company a first-priority security interest in such Underlying, and it authorizes Company to make transfers of such Underlying in accordance with the applicable Rulebook(sRulebook;(s); ;
S. it hereby declares that the statements in this Agreement and in any application materials provided to Company are true, complete and accurate, and that it will promptly notify Company in writing if any representation, warranty or covenant made herein changes or ceases to be true; ;
T. it will be solely responsible, at its own risk and expense, for (1) acquiring, installing and maintaining all equipment, hardware and software (other than any applications, algorithms, software, interfaces or code that Company may provide to such Participant pursuant to the terms of this Agreement for purposes of accessing and utilizing the Platform (collectively, “Trading Tools”) and the Platform), internet access, telecommunications, and network systems necessary and compatible for it to access and use the Platform and Trading Tools and (2) ensuring that any systems, facilities, servers, routers, and other equipment and software it uses to access and use the Platform and Trading Tools are at all times protected by, and at all times comply with, all applicable information security and firewall precautions, at a level of security not less than that prevailing in the industry; U. Company cannot guarantee electronic access to the Platform if Participant’s internet service is down or disconnected, and that Company is not responsible for any losses due to Participant’s inability to connect to the Platform when Participant’s internet service is impaired, down or disconnected;
V. it will comply with any security polices applicable to Participant set forth on the Website;
W. it consents to the electronic delivery of all tax forms, including, without limitation, IRS Form 1099- B, or such other tax forms as Company may determine are required; and
X. it is obligated to update any and all information contained in any part of this Agreement for so long as Participant receives access to Services pursuant to this Agreement.
Appears in 2 contracts
Samples: Participant Agreement, Participant Agreement
Participant Acknowledgments. Participant further acknowledges and agrees that:
A. it is fully aware of the speculative nature and high risk associated with the Services referred to in this Agreement and of derivatives, futures, swaps, and options trading generally (including the risk that Participant or its Authorized Representatives may incur trading losses);
B. it is fully aware that if Participant transfers digital currency away from Company, that transfer is immediately irreversible once effectuated, that Participant is solely responsible for designating the correct destination and maintaining the ability to access and control the transferred digital currency, and that Company accepts no responsibility for Participant’s ability to access or control any digital currency transferred away from Company by Participant;
C. it is fully aware of, acknowledges, and agrees to Company’s Digital Currency Fork policy set forth in Rule 11.14 of the applicable Rulebook(s);
D. it will abide by and be subject to the applicable Rulebook(s), as now existing and as hereafter duly amended from time to time, including the obligation to submit to arbitration or the jurisdiction of the State or Federal courts located within the City of New York in accordance with Rules 10.1 - 10.5, 11.5 and 11.6 of the applicable Rulebook(s);
E. Participant agrees to be bound by, and comply with, this Agreement, and amendments to this Agreement, solely by Participant’s or its Authorized Representatives’ access or use of the Services;
F. notwithstanding the above, amendments to this Agreement are automatically effective unless, within ten days of the change, Participant: (1) ceases using the Services, (2) does not enter into any further trades of any kind on the Platform, and (3) gives notice to Company to arrange for the closing of its Accounts;
G. this Agreement is enforceable against Participant, and against each of its Authorized Representatives directly, through the dispute resolution procedures in this Agreement and the applicable Rulebook(s); H. its status as a Participant may be limited, conditioned, restricted or terminated by the Board or Company in accordance with the applicable Rulebook(s);
I. it will provide such other information as may be reasonably requested by Company from time to time as may be necessary or desirable to verify its qualifications as a Participant; J. X. it authorizes Company to verify, on an initial and a periodic basis, by investigation, the statements in the application materials provided to Company, which may include a criminal background check, a review of Participant’s credit report, and such other action reasonably deemed necessary by Company;
K. it authorizes any governmental, regulatory or self-regulatory body, futures exchange, swap execution facility, securities exchange, national securities association, national futures association, bank or other entity to furnish to Company, upon its request, any information such entity may have concerning Participant, and Participant hereby releases such entity from any and all liability of whatsoever nature by reason of furnishing any such information to Company;
L. it hereby authorizes Company to make available to any governmental, regulatory or self- regulatory body, futures exchange, swap execution facility, securities exchange, national securities association, national futures association, bank or other entity (upon such entity’s showing of proper authority and need) any information Company may have concerning Participant, and it hereby releases Company from any and all liability of whatsoever nature by reason of furnishing any such information;
M. it will not fraudulently deposit funds into its Participant Account, Collateral Account, or any other account associated with this Agreement or the use of Company’s Services (individually, an “Account” and collectively, the “Accounts”);
N. it hereby authorizes Company to deduct from its Accounts maintained on the books and records of Company all fees or other charges accruing to Participant, including legal fees and costs; O. it hereby authorizes Company to cancel, reverse, close out or transfer Participant’s or its Authorized Representatives’ position or terminate its Accounts at Company’s sole discretion, and without prior reference to the Participant or its Authorized Representatives, provided that the position is not sufficiently collateralized, as determined in the sole and absolute discretion of Company; P. it will be responsible to Company for payment of any deficiency remaining in Participant’s Account should an Account be liquidated or terminated;
Q. it will keep confidential all information related to the Settlement Bank, including but not limited to the name of such Settlement Bank, account numbers, and bank personnel, except as necessary to perform Company-related transfers;
R. upon each transfer of Underlying to Company, it will pledge to Company a first-priority security interest in such Underlying, and it authorizes Company to make transfers of such Underlying in accordance with the applicable Rulebook(s); S. it hereby declares that the statements in this Agreement and in any application materials provided to Company are true, complete and accurate, and that it will promptly notify Company in writing if any representation, warranty or covenant made herein changes or ceases to be true; T. it will be solely responsible, at its own risk and expense, for (1) acquiring, installing and maintaining all equipment, hardware and software (other than any applications, algorithms, software, interfaces or code that Company may provide to such Participant pursuant to the terms of this Agreement for purposes of accessing and utilizing the Platform (collectively, “Trading Tools”) and the Platform), internet access, telecommunications, and network systems necessary and compatible for it to access and use the Platform and Trading Tools and (2) ensuring that any systems, facilities, servers, routers, and other equipment and software it uses to access and use the Platform and Trading Tools are at all times protected by, and at all times comply with, all applicable information security and firewall precautions, at a level of security not less than that prevailing in the industry; U. Company cannot guarantee electronic access to the Platform if Participant’s internet service is down or disconnected, and that Company is not responsible for any losses due to Participant’s inability to connect to the Platform when Participant’s internet service is impaired, down or disconnected;
V. it will comply with any security polices applicable to Participant set forth on the Website;
W. it consents to the electronic delivery of all tax forms, including, without limitation, IRS Form 1099- B, or such other tax forms as Company may determine are required; and
X. it is obligated to update any and all information contained in any part of this Agreement for so long as Participant receives access to Services pursuant to this Agreement.
Appears in 1 contract
Samples: Participant Agreement
Participant Acknowledgments. Participant further acknowledges and agrees that:
A. it is fully aware of the speculative nature and high risk associated with the Services referred to in this Agreement and of derivatives, futures, swaps, and options trading generally (including the risk that Participant or its Authorized Representatives may incur trading losses);
B. it is fully aware that if Participant transfers digital currency away from CompanyLedgerXCompany, that transfer is immediately irreversible once effectuated, that Participant is solely responsible for designating the correct destination and maintaining the ability to access and control the transferred digital currency, and that Company LedgerXCompany accepts no responsibility for Participant’s ability to access or control any digital currency transferred away from Company LedgerXCompany by Participant;
C. it is fully aware of, acknowledges, and agrees to CompanyLedgerXCompany’s Digital Currency Fork policy set forth in Rule 11.14 of the applicable Rulebook(s)LedgerX Rulebook;
D. it will abide by and be subject to the applicable Rulebook(s)LedgerX Rulebook, as now existing and as hereafter duly amended from time to time, including the obligation to submit to arbitration or the jurisdiction of the State or Federal courts located within the City of New York in accordance with Rules 10.1 - 10.5, 11.5 and 11.6 of the applicable Rulebook(s)LedgerX Rulebook;
E. Participant agrees to be bound by, and comply with, this Agreement, and amendments to this Agreement, solely by Participant’s or its Authorized Representatives’ access or use of the Services;
F. notwithstanding the above, amendments to this Agreement are automatically effective unless, within ten days of the change, Participant: (1) ceases using the Services, (2) does not enter into any further trades of any kind on the Platform, and (3) gives notice to Company LedgerXCompany to arrange for the closing of its Accounts;
G. this Agreement is enforceable against Participant, and against each of its Authorized Representatives directly, through the dispute resolution procedures in this Agreement and the applicable Rulebook(s); LedgerX Rulebook;
H. its status as a Participant may be limited, conditioned, restricted or terminated by the Board or Company in accordance with the applicable Rulebook(s)LedgerX Rulebook;
I. it will provide such other information as may be reasonably requested by Company LedgerXCompany from time to time as may be necessary or desirable to verify its qualifications as a Participant; J. ;
X. it authorizes Company LedgerXCompany to verify, on an initial and a periodic basis, by investigation, the statements in the application materials provided to CompanyLedgerXCompany, which may include a criminal background check, a review of Participant’s credit report, and such other action reasonably deemed necessary by CompanyLedgerXCompany;
K. it authorizes any governmental, regulatory or self-regulatory body, futures exchange, swap execution facility, securities exchange, national securities association, national futures association, bank or other entity to furnish to CompanyLedgerXCompany, upon its request, any information such entity may have concerning Participant, and Participant hereby releases such entity from any and all liability of whatsoever nature by reason of furnishing any such information to CompanyLedgerXCompany;
L. it hereby authorizes Company LedgerXCompany to make available to any governmental, regulatory or self- regulatory body, futures exchange, swap execution facility, securities exchange, national securities association, national futures association, bank or other entity (upon such entity’s showing of proper authority and need) any information Company LedgerXCompany may have concerning Participant, and it hereby releases Company LedgerXCompany from any and all liability of whatsoever nature by reason of furnishing any such information;
M. it will not fraudulently deposit funds into its Participant Account, Collateral Account, Cleared Swaps Customer Account, Proprietary Account or any other account associated with this Agreement or the use of CompanyLedgerXCompany’s Services services (individually, an “Account” and collectively, the “Accounts”);
N. it hereby authorizes Company LedgerXCompany to deduct from its Accounts maintained on the books and records of Company LedgerXCompany all fees or other charges accruing to Participant, including legal fees and costs; O. it hereby authorizes Company LedgerXCompany to cancel, reverse, close out or transfer Participant’s or its Authorized Representatives’ position or terminate its Accounts at CompanyLedgerXCompany’s sole discretion, and without prior reference to the Participant or its Authorized Representatives, provided that the position is not sufficiently collateralized, as determined in the sole and absolute discretion of Company; LedgerXCompany;
P. it will be responsible to Company LedgerXCompany for payment of any deficiency remaining in Participant’s Account should an Account be liquidated or terminated;
Q. it will keep confidential all information related to the Settlement Bank, including but not limited to the name of such Settlement Bank, account numbers, and bank personnel, except as necessary to perform CompanyLedgerXCompany-related transfers;
R. upon each transfer of Underlying to CompanyLedgerXCompany, it will pledge to Company LedgerXCompany a first-first- priority security interest in such Underlying, and it authorizes Company LedgerXCompany to make transfers of such Underlying in accordance with the applicable Rulebook(s)LedgerX Rulebook; S. it hereby declares that the statements in this Agreement and in any application materials provided to Company LedgerXCompany are true, complete and accurate, and that it will promptly notify Company LedgerXCompany in writing if any representation, warranty or covenant made herein changes or ceases to be true; T. it will be solely responsible, at its own risk and expense, for (1) acquiring, installing and maintaining all equipment, hardware and software (other than any applications, algorithms, software, interfaces or code that Company LedgerXCompany may provide to such Participant pursuant to the terms of this Agreement for purposes of accessing and utilizing the Platform (collectively, “Trading Tools”) and the Platform), internet access, telecommunications, and network systems necessary and compatible for it to access and use the Platform and Trading Tools and (2) ensuring that any systems, facilities, servers, routers, and other equipment and software it uses to access and use the Platform and Trading Tools are at all times protected by, and at all times comply with, all applicable information security and firewall precautions, at a level of security not less than that prevailing in the industry; U. Company LedgerXCompany cannot guarantee electronic access to the Platform if Participant’s internet service is down or disconnected, and that Company LedgerXCompany is not responsible for any losses due to Participant’s inability to connect to the Platform when Participant’s internet service is impaired, down or disconnected;
V. it will comply with any security polices applicable to Participant set forth on the Website;
W. it consents to the electronic delivery of all tax forms, including, without limitation, IRS Form 1099- B, or such other tax forms as Company LedgerXCompany may determine are required; and
X. it is obligated to update any and all information contained in any part of this Agreement for so long as Participant receives access to Services pursuant to this Agreement.
Appears in 1 contract
Samples: Participant Agreement
Participant Acknowledgments. Participant further acknowledges and agrees that:
A. it is fully aware of the speculative nature and high risk associated with the Services referred to in this Agreement and of derivatives, futures, swaps, and options trading generally (including the risk that Participant or its Authorized Representatives may incur trading losses);
B. it is fully aware that if Participant transfers digital currency away from Company, that transfer is immediately irreversible once effectuated, that Participant is solely responsible for designating the correct destination and maintaining the ability to access and control the transferred digital currency, and that Company accepts no responsibility for Participant’s ability to access or control any digital currency transferred away from Company by Participant;
C. it is fully aware of, acknowledges, and agrees to Company’s Digital Currency Fork policy set forth in Rule 11.14 of the applicable Rulebook(s);
D. it will abide by and be subject to the applicable Rulebook(s), as now existing and as hereafter duly amended from time to time, including the obligation to submit to arbitration or the jurisdiction of the State or Federal courts located within the City of New York in accordance with Rules 10.1 - 10.5, 11.5 and 11.6 of the applicable Rulebook(s);
E. Participant agrees to be bound by, and comply with, this Agreement, and amendments to this Agreement, solely by Participant’s or its Authorized Representatives’ access or use of the Services;
F. notwithstanding the above, amendments to this Agreement are automatically effective unless, within ten days of the change, Participant: (1) ceases using the Services, (2) does not enter into any further trades of any kind on the Platform, and (3) gives notice to Company to arrange for the closing of its Accounts;
; G. this Agreement is enforceable against Participant, and against each of its Authorized Representatives directly, through the dispute resolution procedures in this Agreement and the applicable Rulebook(s); H. its status as a Participant may be limited, conditioned, restricted or terminated by the Board or Company in accordance with the applicable Rulebook(s);
I. it will provide such other information as may be reasonably requested by Company from time to time as may be necessary or desirable to verify its qualifications as a Participant; J. X. it authorizes Company to verify, on an initial and a periodic basis, by investigation, the statements in the application materials provided to Company, which may include a criminal background check, a review of Participant’s credit report, and such other action reasonably deemed necessary by Company;
K. it authorizes any governmental, regulatory or self-regulatory body, futures exchange, swap execution facility, securities exchange, national securities association, national futures association, bank or other entity to furnish to Company, upon its request, any information such entity may have concerning Participant, and Participant hereby releases such entity from any and all liability of whatsoever nature by reason of furnishing any such information to Company;
L. it hereby authorizes Company to make available to any governmental, regulatory or self- regulatory body, futures exchange, swap execution facility, securities exchange, national securities association, national futures association, bank or other entity (upon such entity’s showing of proper authority and need) any information Company may have concerning Participant, and it hereby releases Company from any and all liability of whatsoever nature by reason of furnishing any such information;
M. it will not fraudulently deposit funds into its Participant Account, Collateral Account, or any other account associated with this Agreement or the use of Company’s Services (individually, an “Account” and collectively, the “Accounts”);
N. it hereby authorizes Company to deduct from its Accounts maintained on the books and records of Company all fees or other charges accruing to Participant, including legal fees and costs; ;
O. it hereby authorizes Company to cancel, reverse, close out or transfer Participant’s or its Authorized Representatives’ position or terminate its Accounts at Company’s sole discretion, and without prior reference to the Participant or its Authorized Representatives, provided that the position is not sufficiently collateralized, as determined in the sole and absolute discretion of Company; ;
P. it will be responsible to Company for payment of any deficiency remaining in Participant’s Account should an Account be liquidated or terminated;
Q. it will keep confidential all information related to the Settlement Bank, including but not limited to the name of such Settlement Bank, account numbers, and bank personnel, except as necessary to perform Company-related transfers;
R. upon each transfer of Underlying to Company, it will pledge to Company a first-priority security interest in such Underlying, and it authorizes Company to make transfers of such Underlying in accordance with the applicable Rulebook(s); ;
S. it hereby declares that the statements in this Agreement and in any application materials provided to Company are true, complete and accurate, and that it will promptly notify Company in writing if any representation, warranty or covenant made herein changes or ceases to be true; ;
T. it will be solely responsible, at its own risk and expense, for (1) acquiring, installing and maintaining all equipment, hardware and software (other than any applications, algorithms, software, interfaces or code that Company may provide to such Participant pursuant to the terms of this Agreement for purposes of accessing and utilizing the Platform (collectively, “Trading Tools”) and the Platform), internet access, telecommunications, and network systems necessary and compatible for it to access and use the Platform and Trading Tools and (2) ensuring that any systems, facilities, servers, routers, and other equipment and software it uses to access and use the Platform and Trading Tools are at all times protected by, and at all times comply with, all applicable information security and firewall precautions, at a level of security not less than that prevailing in the industry; U. Company cannot guarantee electronic access to the Platform if Participant’s internet service is down or disconnected, and that Company is not responsible for any losses due to Participant’s inability to connect to the Platform when Participant’s internet service is impaired, down or disconnected;
V. it will comply with any security polices applicable to Participant set forth on the Website;
W. it consents to the electronic delivery of all tax forms, including, without limitation, IRS Form 1099- B, or such other tax forms as Company may determine are required; and
X. it is obligated to update any and all information contained in any part of this Agreement for so long as Participant receives access to Services pursuant to this Agreement.
Appears in 1 contract
Samples: Participant Agreement
Participant Acknowledgments. Participant further acknowledges and agrees that:
A. it is fully aware of the speculative nature and high risk associated with the Services referred to in this Agreement and of derivatives, futures, swaps, and options trading generally (including the risk that Participant or its Authorized Representatives may incur trading losses);
B. it is fully aware that if Participant transfers digital currency away from CompanyLedgerX, that transfer is immediately irreversible once effectuated, that Participant is solely responsible for designating the correct destination and maintaining the ability to access and control the transferred digital currency, and that Company LedgerX accepts no responsibility for Participant’s ability to access or control any digital currency transferred away from Company LedgerX by Participant;
C. it is fully aware of, acknowledges, and agrees to CompanyLedgerX’s Digital Currency Fork policy set forth in Rule 11.14 of the applicable Rulebook(s)LedgerX Rulebook;
D. it will abide by and be subject to the applicable Rulebook(s)LedgerX Rulebook, as now existing and as hereafter duly amended from time to time, including the obligation to submit to arbitration or the jurisdiction of the State or Federal courts located within the City of New York in accordance with Rules 10.1 - 10.5, 11.5 and 11.6 of the applicable Rulebook(s)LedgerX Rulebook;
E. Participant agrees to be bound by, and comply with, this Agreement, and amendments to this Agreement, solely by Participant’s or its Authorized Representatives’ access or use of the Services;
F. notwithstanding the above, amendments to this Agreement are automatically effective unless, within ten days of the change, Participant: (1) ceases using the Services, (2) does not enter into any further trades of any kind on the Platform, and (3) gives notice to Company LedgerX to arrange for the closing of its Accounts;
G. this Agreement is enforceable against Participant, and against each of its Authorized Representatives directly, through the dispute resolution procedures in this Agreement and the applicable Rulebook(s); LedgerX Rulebook;
H. its status as a Participant may be limited, conditioned, restricted or terminated by the Board or Company in accordance with the applicable Rulebook(s)LedgerX Rulebook;
I. it will provide such other information as may be reasonably requested by Company LedgerX from time to time as may be necessary or desirable to verify its qualifications as a Participant; ;
J. it authorizes Company LedgerX to verify, on an initial and a periodic basis, by investigation, the statements in the application materials provided to CompanyLedgerX, which may include a criminal background check, a review of Participant’s credit report, and such other action reasonably deemed necessary by CompanyLedgerX;
K. it authorizes any governmental, regulatory or self-regulatory body, futures exchange, swap execution facility, securities exchange, national securities association, national futures association, bank or other entity to furnish to CompanyLedgerX, upon its request, any information such entity may have concerning Participant, and Participant hereby releases such entity from any and all liability of whatsoever nature by reason of furnishing any such information to CompanyLedgerX;
L. it hereby authorizes Company LedgerX to make available to any governmental, regulatory or self- regulatory body, futures exchange, swap execution facility, securities exchange, national securities association, national futures association, bank or other entity (upon such entity’s showing of proper authority and need) any information Company LedgerX may have concerning Participant, and it hereby releases Company LedgerX from any and all liability of whatsoever nature by reason of furnishing any such information;
M. it will not fraudulently deposit funds into its Participant Account, Collateral Account, Cleared Swaps Customer Account, Proprietary Account or any other account associated with this Agreement or the use of CompanyLedgerX’s Services services (individually, an “Account” and collectively, the “Accounts”);
N. it hereby authorizes Company LedgerX to deduct from its Accounts maintained on the books and records of Company LedgerX all fees or other charges accruing to Participant, including legal fees and costs; O. it hereby authorizes Company LedgerX to cancel, reverse, close out or transfer Participant’s or its Authorized Representatives’ position or terminate its Accounts at CompanyLedgerX’s sole discretion, and without prior reference to the Participant or its Authorized Representatives, provided that the position is not sufficiently collateralized, as determined in the sole and absolute discretion of Company; LedgerX;
P. it will be responsible to Company LedgerX for payment of any deficiency remaining in Participant’s Account should an Account be liquidated or terminated;
Q. it will keep confidential all information related to the Settlement Bank, including but not limited to the name of such Settlement Bank, account numbers, and bank personnel, except as necessary to perform CompanyLedgerX-related transfers;
R. upon each transfer of Underlying to CompanyLedgerX, it will pledge to Company LedgerX a first-priority security interest in such Underlying, and it authorizes Company LedgerX to make transfers of such Underlying in accordance with the applicable Rulebook(s)LedgerX Rulebook; S. it hereby declares that the statements in this Agreement and in any application materials provided to Company LedgerX are true, complete and accurate, and that it will promptly notify Company LedgerX in writing if any representation, warranty or covenant made herein changes or ceases to be true; T. it will be solely responsible, at its own risk and expense, for (1) acquiring, installing and maintaining all equipment, hardware and software (other than any applications, algorithms, software, interfaces or code that Company LedgerX may provide to such Participant pursuant to the terms of this Agreement for purposes of accessing and utilizing the Platform (collectively, “Trading Tools”) and the Platform), internet access, telecommunications, and network systems necessary and compatible for it to access and use the Platform and Trading Tools and (2) ensuring that any systems, facilities, servers, routers, and other equipment and software it uses to access and use the Platform and Trading Tools are at all times protected by, and at all times comply with, all applicable information security and firewall precautions, at a level of security not less than that prevailing in the industry; U. Company LedgerX cannot guarantee electronic access to the Platform if Participant’s internet service is down or disconnected, and that Company LedgerX is not responsible for any losses due to Participant’s inability to connect to the Platform when Participant’s internet service is impaired, down or disconnected;
V. it will comply with any security polices applicable to Participant set forth on the Website;
W. it consents to the electronic delivery of all tax forms, including, without limitation, IRS Form 1099- B, or such other tax forms as Company LedgerX may determine are required; and
X. it is obligated to update any and all information contained in any part of this Agreement for so long as Participant receives access to Services pursuant to this Agreement.
Appears in 1 contract
Samples: Participant Agreement
Participant Acknowledgments. Participant further acknowledges and agrees that:
A. it is fully aware of the speculative nature and high risk associated with the Services referred to in this Agreement and of derivatives, futures, swaps, and options trading generally (including the risk that Participant or its Authorized Representatives may incur trading losses);
B. it is fully aware that if Participant transfers digital currency away from Company, that transfer is immediately irreversible once effectuated, that Participant is solely responsible for designating the correct destination and maintaining the ability to access and control the transferred digital currency, and that Company accepts no responsibility for Participant’s ability to access or control any digital currency transferred away from Company by Participant;
C. it is fully aware of, acknowledges, and agrees to Company’s Digital Currency Fork policy set forth in Rule 11.14 of the applicable Rulebook(s)Rulebook;
D. it will abide by and be subject to the applicable Rulebook(s)Rulebook, as now existing and as hereafter duly amended from time to time, including the obligation to submit to arbitration or the jurisdiction of the State or Federal courts located within the City of New York in accordance with Rules 10.1 - 10.5, 11.5 and 11.6 of the applicable Rulebook(s)Rulebook;
E. Participant agrees to be bound by, and comply with, this Agreement, and amendments to this Agreement, solely by Participant’s or its Authorized Representatives’ access or use of the Services;
F. notwithstanding the above, amendments to this Agreement are automatically effective unless, within ten days of the change, Participant: (1) ceases using the Services, (2) does not enter into any further trades of any kind on the Platform, and (3) gives notice to Company to arrange for the closing of its Accounts;
G. this Agreement is enforceable against Participant, and against each of its Authorized Representatives directly, through the dispute resolution procedures in this Agreement and the applicable Rulebook(s); Rulebook;
H. its status as a Participant may be limited, conditioned, restricted or terminated by the Board or Company in accordance with the applicable Rulebook(s)Rulebook;
I. it will provide such other information as may be reasonably requested by Company from time to time as may be necessary or desirable to verify its qualifications as a Participant; J. X. it authorizes Company to verify, on an initial and a periodic basis, by investigation, the statements in the application materials provided to Company, which may include a criminal background check, a review of Participant’s credit report, and such other action reasonably deemed necessary by Company;
K. it authorizes any governmental, regulatory or self-regulatory body, futures exchange, swap execution facility, securities exchange, national securities association, national futures association, bank or other entity to furnish to Company, upon its request, any information such entity may have concerning Participant, and Participant hereby releases such entity from any and all liability of whatsoever nature by reason of furnishing any such information to Company;
L. it hereby authorizes Company to make available to any governmental, regulatory or self- regulatory body, futures exchange, swap execution facility, securities exchange, national securities association, national futures association, bank or other entity (upon such entity’s showing of proper authority and need) any information Company may have concerning Participant, and it hereby releases Company from any and all liability of whatsoever nature by reason of furnishing any such information;
M. it will not fraudulently deposit funds into its Participant Account, Collateral Account, or any other account associated with this Agreement or the use of Company’s Services (individually, an “Account” and collectively, the “Accounts”);
N. it hereby authorizes Company to deduct from its Accounts maintained on the books and records of Company all fees or other charges accruing to Participant, including legal fees and costs; O. it hereby authorizes Company to cancel, reverse, close out or transfer Participant’s or its Authorized Representatives’ position or terminate its Accounts at Company’s sole discretion, and without prior reference to the Participant or its Authorized Representatives, provided that the position is not sufficiently collateralized, as determined in the sole and absolute discretion of Company; P. it will be responsible to Company for payment of any deficiency remaining in Participant’s Account should an Account be liquidated or terminated;
Q. it will keep confidential all information related to the Settlement Bank, including but not limited to the name of such Settlement Bank, account numbers, and bank personnel, except as necessary to perform Company-related transfers;
R. upon each transfer of Underlying to Company, it will pledge to Company a first-priority security interest in such Underlying, and it authorizes Company to make transfers of such Underlying in accordance with the applicable Rulebook(s); S. it hereby declares that the statements in this Agreement and in any application materials provided to Company are true, complete and accurate, and that it will promptly notify Company in writing if any representation, warranty or covenant made herein changes or ceases to be true; T. it will be solely responsible, at its own risk and expense, for (1) acquiring, installing and maintaining all equipment, hardware and software (other than any applications, algorithms, software, interfaces or code that Company may provide to such Participant pursuant to the terms of this Agreement for purposes of accessing and utilizing the Platform (collectively, “Trading Tools”) and the Platform), internet access, telecommunications, and network systems necessary and compatible for it to access and use the Platform and Trading Tools and (2) ensuring that any systems, facilities, servers, routers, and other equipment and software it uses to access and use the Platform and Trading Tools are at all times protected by, and at all times comply with, all applicable information security and firewall precautions, at a level of security not less than that prevailing in the industry; U. Company cannot guarantee electronic access to the Platform if Participant’s internet service is down or disconnected, and that Company is not responsible for any losses due to Participant’s inability to connect to the Platform when Participant’s internet service is impaired, down or disconnected;
V. it will comply with any security polices applicable to Participant set forth on the Website;
W. it consents to the electronic delivery of all tax forms, including, without limitation, IRS Form 1099- B, or such other tax forms as Company may determine are required; and
X. it is obligated to update any and all information contained in any part of this Agreement for so long as Participant receives access to Services pursuant to this Agreement.
Appears in 1 contract
Samples: Participant Agreement
Participant Acknowledgments. Participant further acknowledges and agrees that:
A. it is fully aware of the speculative nature and high risk associated with the Services referred to in this Agreement and of derivatives, futures, swaps, and options trading generally (including the risk that Participant or its Authorized Representatives may incur trading losses);
B. it is fully aware that if Participant transfers digital currency away from CompanyLedgerX, that transfer is immediately irreversible once effectuated, that Participant is solely responsible for designating the correct destination and maintaining the ability to access and control the transferred digital currency, and that Company LedgerX accepts no responsibility for Participant’s ability to access or control any digital currency transferred away from Company LedgerX by Participant;
C. it is fully aware of, acknowledges, and agrees to CompanyXxxxxxX’s Digital Currency Fork policy set forth in Rule 11.14 of the applicable Rulebook(s)LedgerX Rulebook;
D. it will abide by and be subject to the applicable Rulebook(s)LedgerX Rulebook, as now existing and as hereafter duly amended from time to time, including the obligation to submit to arbitration or the jurisdiction of the State or Federal courts located within the City of New York in accordance with Rules 10.1 - 10.5, 11.5 and 11.6 of the applicable Rulebook(s)LedgerX Rulebook;
E. Participant agrees to be bound by, and comply with, this Agreement, and amendments to this Agreement, solely by Participant’s or its Authorized Representatives’ access or use of the Services;
F. notwithstanding the above, amendments to this Agreement are automatically effective unless, within ten days of the change, Participant: (1) ceases using the Services, (2) does not enter into any further trades of any kind on the Platform, and (3) gives notice to Company LedgerX to arrange for the closing of its Accounts;
G. this Agreement is enforceable against Participant, and against each of its Authorized Representatives directly, through the dispute resolution procedures in this Agreement and the applicable Rulebook(s); LedgerX Rulebook;
H. its status as a Participant may be limited, conditioned, restricted or terminated by the Board or Company in accordance with the applicable Rulebook(s)LedgerX Rulebook;
I. it will provide such other information as may be reasonably requested by Company XxxxxxX from time to time as may be necessary or desirable to verify its qualifications as a Participant; ;
J. it authorizes Company XxxxxxX to verify, on an initial and a periodic basis, by investigation, the statements in the application materials provided to CompanyLedgerX, which may include a criminal background check, a review of Participant’s credit report, and such other action reasonably deemed necessary by CompanyXxxxxxX;
K. it authorizes any governmental, regulatory or self-regulatory body, futures exchange, swap execution facility, securities exchange, national securities association, national futures association, bank or other entity to furnish to CompanyLedgerX, upon its request, any information such entity may have concerning Participant, and Participant hereby releases such entity from any and all liability of whatsoever nature by reason of furnishing any such information to CompanyLedgerX;
L. it hereby authorizes Company LedgerX to make available to any governmental, regulatory or self- regulatory body, futures exchange, swap execution facility, securities exchange, national securities association, national futures association, bank or other entity (upon such entity’s showing of proper authority and need) any information Company LedgerX may have concerning Participant, and it hereby releases Company LedgerX from any and all liability of whatsoever nature by reason of furnishing any such information;
M. it will not fraudulently deposit funds into its Participant Account, Collateral Account, Cleared Swaps Customer Account, Proprietary Account or any other account associated with this Agreement or the use of CompanyLedgerX’s Services services (individually, an “Account” and collectively, the “Accounts”);
N. it hereby authorizes Company LedgerX to deduct from its Accounts maintained on the books and records of Company LedgerX all fees or other charges accruing to Participant, including legal fees and costs; O. it hereby authorizes Company XxxxxxX to cancel, reverse, close out or transfer Participant’s or its Authorized Representatives’ position or terminate its Accounts at CompanyLedgerX’s sole discretion, and without prior reference to the Participant or its Authorized Representatives, provided that the position is not sufficiently collateralized, as determined in the sole and absolute discretion of Company; LedgerX;
P. it will be responsible to Company LedgerX for payment of any deficiency remaining in Participant’s Account should an Account be liquidated or terminated;
Q. it will keep confidential all information related to the Settlement Bank, including but not limited to the name of such Settlement Bank, account numbers, and bank personnel, except as necessary to perform CompanyLedgerX-related transfers;
R. upon each transfer of Underlying to CompanyLedgerX, it will pledge to Company LedgerX a first-priority security interest in such Underlying, and it authorizes Company LedgerX to make transfers of such Underlying in accordance with the applicable Rulebook(s)LedgerX Rulebook; S. it hereby declares that the statements in this Agreement and in any application materials provided to Company LedgerX are true, complete and accurate, and that it will promptly notify Company LedgerX in writing if any representation, warranty or covenant made herein changes or ceases to be true; T. it will be solely responsible, at its own risk and expense, for (1) acquiring, installing and maintaining all equipment, hardware and software (other than any applications, algorithms, software, interfaces or code that Company LedgerX may provide to such Participant pursuant to the terms of this Agreement for purposes of accessing and utilizing the Platform (collectively, “Trading Tools”) and the Platform), internet access, telecommunications, and network systems necessary and compatible for it to access and use the Platform and Trading Tools and (2) ensuring that any systems, facilities, servers, routers, and other equipment and software it uses to access and use the Platform and Trading Tools are at all times protected by, and at all times comply with, all applicable information security and firewall precautions, at a level of security not less than that prevailing in the industry; U. Company LedgerX cannot guarantee electronic access to the Platform if Participant’s internet service is down or disconnected, and that Company LedgerX is not responsible for any losses due to Participant’s inability to connect to the Platform when Participant’s internet service is impaired, down or disconnected;
V. it will comply with any security polices applicable to Participant set forth on the Website;
W. it consents to the electronic delivery of all tax forms, including, without limitation, IRS Form 1099- B, or such other tax forms as Company LedgerX may determine are required; and
X. it is obligated to update any and all information contained in any part of this Agreement for so long as Participant receives access to Services pursuant to this Agreement.
Appears in 1 contract
Samples: Participant Agreement
Participant Acknowledgments. Participant further acknowledges and agrees that:
A. it is fully aware of the speculative nature and high risk associated with the Services referred to in this Agreement and of derivatives, futures, swaps, and options trading generally (including the risk that Participant or its Authorized Representatives may incur trading losses);
B. it is fully aware that if Participant transfers digital currency away from Company, that transfer is immediately irreversible once effectuated, that Participant is solely responsible for designating the correct destination and maintaining the ability to access and control the transferred digital currency, and that Company accepts no responsibility for Participant’s ability to access or control any digital currency transferred away from Company by Participant;
C. it is fully aware of, acknowledges, and agrees to Company’s Digital Currency Fork policy set forth in Rule 11.14 of the applicable Rulebook(s)Rulebook;
D. it will abide by and be subject to the applicable Rulebook(s)Rulebook, as now existing and as hereafter duly amended from time to time, including the obligation to submit to arbitration or the jurisdiction of the State or Federal courts located within the City of New York in accordance with Rules 10.1 - 10.5, 11.5 and 11.6 of the applicable Rulebook(s)Rulebook;
E. Participant agrees to be bound by, and comply with, this Agreement, and amendments to this Agreement, solely by Participant’s or its Authorized Representatives’ access or use of the Services;
F. notwithstanding the above, amendments to this Agreement are automatically effective unless, within ten days of the change, Participant: (1) ceases using the Services, (2) does not enter into any further trades of any kind on the Platform, and (3) gives notice to Company to arrange for the closing of its Accounts;
G. this Agreement is enforceable against Participant, and against each of its Authorized Representatives directly, through the dispute resolution procedures in this Agreement and the applicable Rulebook(s); Rulebook;
H. its status as a Participant may be limited, conditioned, restricted or terminated by the Board or Company in accordance with the applicable Rulebook(s)Rulebook;
I. it will provide such other information as may be reasonably requested by Company from time to time as may be necessary or desirable to verify its qualifications as a Participant; J. X. it authorizes Company to verify, on an initial and a periodic basis, by investigation, the statements in the application materials provided to Company, which may include a criminal background check, a review of Participant’s credit report, and such other action reasonably deemed necessary by Company;
K. it authorizes any governmental, regulatory or self-regulatory body, futures exchange, swap execution facility, securities exchange, national securities association, national futures association, bank or other entity to furnish to Company, upon its request, any information such entity may have concerning Participant, and Participant hereby releases such entity from any and all liability of whatsoever nature by reason of furnishing any such information to Company;
L. it hereby authorizes Company to make available to any governmental, regulatory or self- regulatory body, futures exchange, swap execution facility, securities exchange, national securities association, national futures association, bank or other entity (upon such entity’s showing of proper authority and need) any information Company may have concerning Participant, and it hereby releases Company from any and all liability of whatsoever nature by reason of furnishing any such information;
M. it will not fraudulently deposit funds into its Participant Account, Collateral Account, Cleared Swaps Customer Account, Proprietary Account or any other account associated with this Agreement or the use of Company’s Services services (individually, an “Account” and collectively, the “Accounts”);
N. it hereby authorizes Company to deduct from its Accounts maintained on the books and records of Company all fees or other charges accruing to Participant, including legal fees and costs; ;
O. it hereby authorizes Company to cancel, reverse, close out or transfer Participant’s or its Authorized Representatives’ position or terminate its Accounts at Company’s sole discretion, and without prior reference to the Participant or its Authorized Representatives, provided that the position is not sufficiently collateralized, as determined in the sole and absolute discretion of Company; ;
P. it will be responsible to Company for payment of any deficiency remaining in Participant’s Account should an Account be liquidated or terminated;
Q. it will keep confidential all information related to the Settlement Bank, including but not limited to the name of such Settlement Bank, account numbers, and bank personnel, except as necessary to perform Company-related transfers;
R. upon each transfer of Underlying to Company, it will pledge to Company a first-priority security interest in such Underlying, and it authorizes Company to make transfers of such Underlying in accordance with the applicable Rulebook(s); Rulebook;
S. it hereby declares that the statements in this Agreement and in any application materials provided to Company are true, complete and accurate, and that it will promptly notify Company in writing if any representation, warranty or covenant made herein changes or ceases to be true; ;
T. it will be solely responsible, at its own risk and expense, for (1) acquiring, installing and maintaining all equipment, hardware and software (other than any applications, algorithms, software, interfaces or code that Company may provide to such Participant pursuant to the terms of this Agreement for purposes of accessing and utilizing the Platform (collectively, “Trading Tools”) and the Platform), internet access, telecommunications, and network systems necessary and compatible for it to access and use the Platform and Trading Tools and (2) ensuring that any systems, facilities, servers, routers, and other equipment and software it uses to access and use the Platform and Trading Tools are at all times protected by, and at all times comply with, all applicable information security and firewall precautions, at a level of security not less than that prevailing in the industry; U. Company cannot guarantee electronic access to the Platform if Participant’s internet service is down or disconnected, and that Company is not responsible for any losses due to Participant’s inability to connect to the Platform when Participant’s internet service is impaired, down or disconnected;
V. it will comply with any security polices applicable to Participant set forth on the Website;
W. it consents to the electronic delivery of all tax forms, including, without limitation, IRS Form 1099- B, or such other tax forms as Company may determine are required; and
X. it is obligated to update any and all information contained in any part of this Agreement for so long as Participant receives access to Services pursuant to this Agreement.
Appears in 1 contract
Samples: Participant Agreement
Participant Acknowledgments. Participant further acknowledges and agrees that:
A. it is fully aware of the speculative nature and high risk associated with the Services referred to in this Agreement and of derivatives, futures, swaps, and options trading generally (including the risk that Participant or its Authorized Representatives may incur trading losses);
B. it is fully aware that if Participant transfers digital currency away from Company, that transfer is immediately irreversible once effectuated, that Participant is solely responsible for designating the correct destination and maintaining the ability to access and control the transferred digital currency, and that Company accepts no responsibility for Participant’s ability to access or control any digital currency transferred away from Company by Participant;
C. it is fully aware of, acknowledges, and agrees to Company’s Digital Currency Fork policy set forth in Rule 11.14 of the applicable Rulebook(s)Rulebook;
D. it will abide by and be subject to the applicable Rulebook(s)Rulebook, as now existing and as hereafter duly amended from time to time, including the obligation to submit to arbitration or the jurisdiction of the State or Federal courts located within the City of New York in accordance with Rules 10.1 - 10.5, 11.5 and 11.6 of the applicable Rulebook(s)Rulebook;
E. Participant agrees to be bound by, and comply with, this Agreement, and amendments to this Agreement, solely by Participant’s or its Authorized Representatives’ access or use of the Services;
F. notwithstanding the above, amendments to this Agreement are automatically effective unless, within ten days of the change, Participant: (1) ceases using the Services, (2) does not enter into any further trades of any kind on the Platform, and (3) gives notice to Company to arrange for the closing of its Accounts;
G. this Agreement is enforceable against Participant, and against each of its Authorized Representatives directly, through the dispute resolution procedures in this Agreement and the applicable Rulebook(s); Rulebook;
H. its status as a Participant may be limited, conditioned, restricted or terminated by the Board or Company in accordance with the applicable Rulebook(s)Rulebook;
I. it will provide such other information as may be reasonably requested by Company from time to time as may be necessary or desirable to verify its qualifications as a Participant; J. it authorizes Company to verify, on an initial and a periodic basis, by investigation, the statements in the application materials provided to Company, which may include a criminal background check, a review of Participant’s credit report, and such other action reasonably deemed necessary by Company;
K. it authorizes any governmental, regulatory or self-regulatory body, futures exchange, swap execution facility, securities exchange, national securities association, national futures association, bank or other entity to furnish to Company, upon its request, any information such entity may have concerning Participant, and Participant hereby releases such entity from any and all liability of whatsoever nature by reason of furnishing any such information to Company;
L. it hereby authorizes Company to make available to any governmental, regulatory or self- regulatory body, futures exchange, swap execution facility, securities exchange, national securities association, national futures association, bank or other entity (upon such entity’s showing of proper authority and need) any information Company may have concerning Participant, and it hereby releases Company from any and all liability of whatsoever nature by reason of furnishing any such information;
M. it will not fraudulently deposit funds into its Participant Account, Collateral Account, Cleared Swaps Customer Account, Proprietary Account or any other account associated with this Agreement or the use of Company’s Services services (individually, an “Account” and collectively, the “Accounts”);
N. it hereby authorizes Company to deduct from its Accounts maintained on the books and records of Company all fees or other charges accruing to Participant, including legal fees and costs; ;
O. it hereby authorizes Company to cancel, reverse, close out or transfer Participant’s or its Authorized Representatives’ position or terminate its Accounts at Company’s sole discretion, and without prior reference to the Participant or its Authorized Representatives, provided that the position is not sufficiently collateralized, as determined in the sole and absolute discretion of Company; ;
P. it will be responsible to Company for payment of any deficiency remaining in Participant’s Account should an Account be liquidated or terminated;
Q. it will keep confidential all information related to the Settlement Bank, including but not limited to the name of such Settlement Bank, account numbers, and bank personnel, except as necessary to perform Company-related transfers;
R. upon each transfer of Underlying to Company, it will pledge to Company a first-priority security interest in such Underlying, and it authorizes Company to make transfers of such Underlying in accordance with the applicable Rulebook(s); Rulebook;
S. it hereby declares that the statements in this Agreement and in any application materials provided to Company are true, complete and accurate, and that it will promptly notify Company in writing if any representation, warranty or covenant made herein changes or ceases to be true; ;
T. it will be solely responsible, at its own risk and expense, for (1) acquiring, installing and maintaining all equipment, hardware and software (other than any applications, algorithms, software, interfaces or code that Company may provide to such Participant pursuant to the terms of this Agreement for purposes of accessing and utilizing the Platform (collectively, “Trading Tools”) and the Platform), internet access, telecommunications, and network systems necessary and compatible for it to access and use the Platform and Trading Tools and (2) ensuring that any systems, facilities, servers, routers, and other equipment and software it uses to access and use the Platform and Trading Tools are at all times protected by, and at all times comply with, all applicable information security and firewall precautions, at a level of security not less than that prevailing in the industry; U. Company cannot guarantee electronic access to the Platform if Participant’s internet service is down or disconnected, and that Company is not responsible for any losses due to Participant’s inability to connect to the Platform when Participant’s internet service is impaired, down or disconnected;
V. it will comply with any security polices applicable to Participant set forth on the Website;
W. it consents to the electronic delivery of all tax forms, including, without limitation, IRS Form 1099- B, or such other tax forms as Company may determine are required; and
X. it is obligated to update any and all information contained in any part of this Agreement for so long as Participant receives access to Services pursuant to this Agreement.
Appears in 1 contract
Samples: Participant Agreement