Common use of Pre-Dispute Arbitration Agreement Clause in Contracts

Pre-Dispute Arbitration Agreement. This Agreement contains a pre-dispute arbitration clause. By signing an arbitration agreement the parties agree as follows: • All parties to this Agreement are giving up the right to xxx each other in court, including the right to a trial by jury, except as provided by the rules of the arbitration forum in which a claim is filed. • Arbitration awards are generally final and binding; a party’s ability to have a court reverse or modify an arbitration award is very limited. • The ability of the parties to obtain documents, witness statements and other discovery is generally more limited in arbitration than in court proceedings. • The arbitrators do not have to explain the reason(s) for their award unless, in an eligible case, a joint request for an explained decision has been submitted by all parties to the panel at least (20) twenty days prior to the first scheduled hearing date. • The panel of arbitrators may include a minority of arbitrators who were or are affiliated with the securities industry. • The rules of some arbitration forums may impose time limits for bringing a claim in arbitration. In some cases, a claim that is ineligible for arbitration may be brought in court. • The rules of the arbitration forum in which the claim is filed, and any amendments thereto, shall be incorporated into this Agreement. You agree that all disputes between us arising in connection with Folio’s business activities or associated persons must be arbitrated under FINRA’s Code of Arbitration Procedure. You understand that we must use arbitration to decide and settle all controversies arising between us about any issue related to your account or this customer agreement. Any judgment resulting from arbitration may be entered in any court of competent jurisdiction. No person shall bring a putative or certified class action to arbitration, nor seek to enforce any pre-dispute arbitration agreement against any person who has initiated in court a putative class action; or who is a member of a putative class who has not opted out of the class with respect to any claims encompassed by the putative class action until: • The class certification is denied; or • The class is decertified; or • The customer is excluded from the class by the court. Such forbearance to enforce an agreement to arbitrate shall not constitute a waiver of any rights under this Agreement except to the extent stated herein. Exhibit 1 - Terms and Conditions of the Insured Bank Deposit and Free Credit Sweep Program Every account with us is eligible for and participates in the Insured Bank Deposit and Free Credit Sweep Program (“Program”). This document contains important information about and a description of the Program. Capitalized terms that are not defined herein shall have the meaning set forth in the Agreement. For purposes of administering the Program, you appoint us as your authorized agent and custodian pursuant to the terms and conditions of the Agreement, including this Exhibit and acknowledge and agree that we may engage third parties (including affiliates) to act on our behalf or on your behalf with respect to the Program. Currently no bank will accept any instructions concerning your cash on deposit with a Program Bank (as defined below), unless such instructions are transmitted by us. Our Program currently provides for an automatic deposit of your un-invested cash into one or more bank accounts insured by the Federal Deposit Insurance Corporation (“FDIC”) and/or maintenance of free credit balances held by us and insured by the Securities Investor Protection Corporation (“SIPC”) – referred to herein as “Sweep” – and, if certain criteria are met, an option for you or an Authorized person to instruct us to hold a specified amount of cash (separate from Sweep) in your account in one or more FDIC-insured bank accounts of our choosing as XXXX.XXXX and/or FDIC. PLUS which are the currently available, “Client Directed Investment Choices” under the Program. Cash held as free credits may be used by us as permitted by law and regulation, including to support margin loans extended to customers. We can change the features or products that are included in the Program to include any legally permissible deposit account or instrument or we can terminate any or all of the products in the Program and hold some or all of your cash only as free credits (note that under the Program some or all of your cash may already be held as free credits). If any such change then requires, under applicable law or regulation, prior notice to you and/or your consent we will provide such notice and/or seek such consent, to the extent so required. When, and if, we make a money market fund available under the Program either as a sweep vehicle or as a Directed Investment Choice, you will be provided access on our websites to any applicable prospectus for such fund. To use a Client Directed Investment Choice alternative then available under the Program, you or an Authorized person must instruct us to move specified cash amounts into and out of any such Client Directed Investment Choice each time you wish to move cash — we generally will not automatically move cash into or out of a Client Directed Investment Choice for you. By doing the work involved with maintaining a cash balance in the Client Directed Investment Choice alternative under the Program, you may earn higher yields than on cash in Sweep. Cash then invested in a Client Directed Investment Choice alternative is generally not subject to automatic deduction to satisfy withdrawals or to make investments in, for example, another folio in your account managed by you or another Authorized person and thus a margin debit will be created if a purchase is executed in another folio that is in a margin account that does not have sufficient cash to pay for the trade. Generally, there is no cash minimum for the Program either for participation in Sweep or in any Client Directed Investment Choice. However, interest may not be payable on cash maintained in a Client Directed Investment Choice until a cash balance threshold for any particular Client Directed Investment Choice is met (see the Schedule to this Exhibit for the specific levels). Cash deposited into the Program begins earning interest, to the extent eligible, from the day it is received by the Program Banks or received by us and maintained, under the Program, as a free credit. All withdrawals of cash from your account deposited in Sweep will be made by us as your agent in the following manner. Cash necessary to satisfy debit entries in your account will, generally, first be automatically withdrawn from free credit balances held by us that are not deemed held as part of the Program, if any – e.g., cash settling that day from securities sales or cash wired into your account that day, but there are other circumstances which can create a balance that is not yet in the Program. If a debit remains, we then will automatically withdraw cash from your Sweep cash maintained as part of the Program either as free credits held by us or as cash deposited in Program Banks. Cash invested by you or an Authorized person into a Client Directed Investment Choice will generally not automatically be withdrawn to satisfy a debit entry in your account; you must instruct us to withdraw a specified amount of cash from a Client Directed Investment Choice, after which we will credit your account with the amount noted in your instruction. Once credited to your account, it will be available for us to automatically satisfy your debit. If there is no debit entry once credited, it will be placed into Sweep. If you have a debit in your account and you fail or chose not to direct us to make a withdrawal from a Client Directed Investment Choice, you may have a positive cash balance in the Program and a debit balance in your account. Under such circumstances, we have the right to charge you interest on a debit amount. If this occurs, the interest we charge you on the debit in your account will be greater than the interest you will earn on the same amount of cash in your Client Directed Investment Choice. A debit is created when you purchase securities, when we receive a cash withdrawal request for your account using an electronic funds transfer, a check written by you and presented for payment, when we issue a check or wire at your request, or when you incur a fee or other charge in your account. Checks we provide you for use with your account are not drawn directly against any cash deposited for you at any of the Banks.

Pre-Dispute Arbitration Agreement. This Any controversy or dispute that may arise between Client and Redhawk, or Client and Program Manager, concerning the Cash Balance Plan Account, any transaction in or for the Cash Balance Plan Account, or the construction, performance or breach of this Agreement contains a pre-dispute shall be settled by arbitration. Any arbitration clauseshall be pursuant to the rules, then applying, of the American Arbitration Association, except to the extent set forth herein. By signing an arbitration agreement the The arbitra- tion panel shall consist of at least three individuals, with at least one panelist having knowledge of investment advisory activities. The parties agree as follows: • All parties that any arbitration proceeding pursuant to this Agreement are giving up the right to xxx each other provision shall be held in court, including the right to a trial by jury, except location as provided determined by the rules of the arbitration forum American Arbitration Associ- ation, and judgment upon the award rendered may be entered into in which a claim any court, state or federal, having jurisdiction. (a) Arbitration is filed. • Arbitration awards are generally final and binding; a party’s ability to have a court reverse or modify an binding on all parties. (b) Pre-arbitration award is very limited. • The ability of the parties to obtain documents, witness statements and other discovery is generally more limited in arbitration than in and different from court proceedings. • pro- ceedings. (c) The arbitrators’ award is not required to include factual findings or legal reasoning and any party’s right to appeal or to seek modification of rulings by the arbitrators do not have to explain the reason(sis strictly limited. (d) for their award unless, in an eligible case, a joint request for an explained decision has been submitted by all parties to the panel at least (20) twenty days prior to the first scheduled hearing date. • The panel of arbitrators may will typically include a minority of arbitrators who were or are affiliated with the securities industry. • The rules of some arbitration forums may impose time limits for bringing a claim in arbitration. In some cases, a claim that is ineligible for arbitration may be brought in court. • The rules of the arbitration forum in which the claim is filed, and any amendments thereto, shall be incorporated into this Agreement. You agree that all disputes between us arising in connection with Folio’s business activities or associated persons must be arbitrated under FINRA’s Code of Arbitration Procedure. You understand that we must use arbitration to decide and settle all controversies arising between us about any issue related to your account or this customer agreement. Any judgment resulting from arbitration may be entered in any court of competent jurisdiction. . (e) No person shall bring a putative or certified class action to arbitration, nor seek to enforce en- force any pre-dispute arbitration agreement against any person who has initiated in court a putative class action; , or who is a member of a putative class who has not opted out of the class with respect to any claims encompassed by the putative class action until: • The (a) the class certification is denied; or • The (b) the class is decertified; or • The (c) the customer is excluded from the class by the court. Such forbearance to enforce an agreement to arbitrate shall not constitute a waiver of any rights under this Agreement except to the extent stated hereinstated. (f) The agreement to arbitrate does not entitle Client to obtain arbitration of claims that would be barred by the relevant statute of limitations if such claims were brought in a court of competent jurisdiction. Exhibit 1 - Terms and Conditions If at the time a demand for arbitration is made or an election or notice of intention to arbitrate is served, the Insured Bank Deposit and Free Credit Sweep Program Every account with us is eligible for and participates in claims sought to be arbitrated would have been barred by the Insured Bank Deposit and Free Credit Sweep Program (“Program”). This document contains important information about and relevant statute of limitations or other time bar, any party to this Agreement may assert the limitations as a description of the Program. Capitalized terms that are not defined herein shall have the meaning set forth in the Agreement. For purposes of administering the Program, you appoint us as your authorized agent and custodian pursuant bar to the terms and conditions arbitration by applying to any court of the Agreement, including this Exhibit and acknowledge and agree competent jurisdiction. Client expressly agrees that we may engage third parties (including affiliates) to act on our behalf or on your behalf with respect any issues relating to the Program. Currently no bank will accept any instructions concerning your cash on deposit with a Program Bank (as defined below), unless such instructions are transmitted by us. Our Program currently provides for an automatic deposit of your un-invested cash into one or more bank accounts insured by the Federal Deposit Insurance Corporation (“FDIC”) and/or maintenance of free credit balances held by us and insured by the Securities Investor Protection Corporation (“SIPC”) – referred to herein as “Sweep” – and, if certain criteria are met, an option for you or an Authorized person to instruct us to hold a specified amount of cash (separate from Sweep) in your account in one or more FDIC-insured bank accounts of our choosing as XXXX.XXXX and/or FDIC. PLUS which are the currently available, “Client Directed Investment Choices” under the Program. Cash held as free credits may be used by us as permitted by law and regulation, including to support margin loans extended to customers. We can change the features or products that are included in the Program to include any legally permissible deposit account or instrument or we can terminate any or all of the products in the Program and hold some or all of your cash only as free credits (note that under the Program some or all of your cash may already be held as free credits). If any such change then requires, under applicable law or regulation, prior notice to you and/or your consent we will provide such notice and/or seek such consent, to the extent so required. When, and if, we make a money market fund available under the Program either as a sweep vehicle or as a Directed Investment Choice, you will be provided access on our websites to any applicable prospectus for such fund. To use a Client Directed Investment Choice alternative then available under the Program, you or an Authorized person must instruct us to move specified cash amounts into and out of any such Client Directed Investment Choice each time you wish to move cash — we generally will not automatically move cash into or out application of a Client Directed Investment Choice for you. By doing the work involved with maintaining a cash balance in the Client Directed Investment Choice alternative under the Program, you may earn higher yields than on cash in Sweep. Cash then invested in a Client Directed Investment Choice alternative is generally not subject to automatic deduction to satisfy withdrawals or to make investments in, for example, another folio in your account managed by you or another Authorized person and thus a margin debit will be created if a purchase is executed in another folio that is in a margin account that does not have sufficient cash to pay for the trade. Generally, there is no cash minimum for the Program either for participation in Sweep or in any Client Directed Investment Choice. However, interest may not be payable on cash maintained in a Client Directed Investment Choice until a cash balance threshold for any particular Client Directed Investment Choice is met (see the Schedule to this Exhibit for the specific levels). Cash deposited into the Program begins earning interest, to the extent eligible, from the day it is received by the Program Banks or received by us and maintained, under the Program, as a free credit. All withdrawals statute of cash from your account deposited in Sweep will be made by us as your agent in the following manner. Cash necessary to satisfy debit entries in your account will, generally, first be automatically withdrawn from free credit balances held by us that are not deemed held as part of the Program, if any – e.g., cash settling that day from securities sales or cash wired into your account that day, but there are other circumstances which can create a balance that is not yet in the Program. If a debit remains, we then will automatically withdraw cash from your Sweep cash maintained as part of the Program either as free credits held by us or as cash deposited in Program Banks. Cash invested by you or an Authorized person into a Client Directed Investment Choice will generally not automatically be withdrawn to satisfy a debit entry in your account; you must instruct us to withdraw a specified amount of cash from a Client Directed Investment Choice, after which we will credit your account with the amount noted in your instruction. Once credited to your account, it will be available for us to automatically satisfy your debit. If there is no debit entry once credited, it will be placed into Sweep. If you have a debit in your account and you fail or chose not to direct us to make a withdrawal from a Client Directed Investment Choice, you may have a positive cash balance in the Program and a debit balance in your account. Under such circumstances, we have the right to charge you interest on a debit amount. If this occurs, the interest we charge you on the debit in your account will be greater than the interest you will earn on the same amount of cash in your Client Directed Investment Choice. A debit is created when you purchase securities, when we receive a cash withdrawal request for your account using an electronic funds transfer, a check written by you and presented for payment, when we issue a check or wire at your request, or when you incur a fee limitations or other charge in your accounttime bar are referable to such a court. Checks we provide you for use with your account are The failure to assert such bar by application to a court, however, shall not drawn directly against any cash deposited for you at any of preclude its assertion before the Banksarbitrators.

Pre-Dispute Arbitration Agreement. This Agreement contains a pre-dispute arbitration clause. By signing an arbitration agreement the parties agree as follows: • All parties to this Agreement are giving up the right to xxx each other in court, including the right to a trial by jury, except as provided by the rules of the arbitration forum in which a claim is filed. • Arbitration awards are generally final and binding; a party’s ability to have a court reverse or modify an arbitration award is very limited. • The ability of the parties to obtain documents, witness statements and other discovery is generally more limited in arbitration than in court proceedings. • The arbitrators do not have to explain the reason(s) for their award unless, in an eligible case, a joint request for an explained decision has been submitted by all parties to the panel at least (20) twenty days prior to the first scheduled hearing date. • The panel of arbitrators may include a minority of arbitrators who were or are affiliated with the securities industry. • The rules of some arbitration forums may impose time limits for bringing a claim in arbitration. In some cases, a claim that is ineligible for arbitration may be brought in court. • The rules of the arbitration forum in which the claim is filed, and any amendments thereto, shall be incorporated into this Agreement. You agree that all disputes between us arising in connection with Folio’s business activities or associated persons must be arbitrated under FINRA’s Code of Arbitration Procedure. You understand that we must use arbitration to decide and settle all controversies arising between us about any issue related to your account or this customer agreement. Any judgment resulting from arbitration may be entered in any court of competent jurisdiction. No person shall bring a putative or certified class action to arbitration, nor seek to enforce any pre-dispute arbitration agreement against any person who has initiated in court a putative class action; or who is a member of a putative class who has not opted out of the class with respect to any claims encompassed by the putative class action until: • The class certification is denied; or • The class is decertified; or • The customer is excluded from the class by the court. Such forbearance to enforce an agreement to arbitrate shall not constitute a waiver of any rights under this Agreement except to the extent stated herein. Exhibit 1 - Terms and Conditions of the Insured Bank Deposit and Free Credit Sweep Program Every account with us is eligible for and participates in the Insured Bank Deposit and Free Credit Sweep Program (“Program”). This document contains important information about and a description of the Program. Capitalized terms that are not defined herein shall have the meaning set forth in the Agreement. For purposes of administering the Program, you appoint us as your authorized agent and custodian pursuant to the terms and conditions of the Agreement, including this Exhibit and acknowledge and agree that we may engage third parties (including affiliates) to act on our behalf or on your behalf with respect to the Program. Currently no bank will accept any instructions concerning your cash on deposit with a Program Bank (as defined below), unless such instructions are transmitted by us. Our Program currently provides for an automatic deposit of your un-invested cash into one or more bank accounts insured by the Federal Deposit Insurance Corporation (“FDIC”) and/or maintenance of free credit balances held by us and insured by the Securities Investor Protection Corporation (“SIPC”) – referred to herein as “Sweep” – and, if certain criteria are met, an option for you or an Authorized person to instruct us to hold a specified amount of cash (separate from Sweep) in your account in one or more FDIC-insured bank accounts of our choosing as XXXX.XXXX and/or FDIC. PLUS which are the currently available, “Client Directed Investment Choices” under the Program. Cash held as free credits may be used by us as permitted by law and regulation, including to support margin loans extended to customers. We can change the features or products that are included in the Program to include any legally permissible deposit account or instrument or we can terminate any or all of the products in the Program and hold some or all of your cash only as free credits (note that under the Program some or all of your cash may already be held as free credits). If any such change then requires, under applicable law or regulation, prior notice to you and/or your consent we will provide such notice and/or seek such consent, to the extent so required. When, and if, we make a money market fund available under the Program either as a sweep vehicle or as a Directed Investment Choice, Choice you will be provided access on our websites website to any applicable prospectus for such fund. To use a Client Directed Investment Choice alternative then available under the Program, you or an Authorized person must instruct us to move specified cash amounts into and out of any such Client Directed Investment Choice each time you wish to move cash — we generally will not automatically move cash into or out of a Client Directed Investment Choice for you. By doing the work involved with maintaining a cash balance in the Client Directed Investment Choice alternative under the Program, you may earn higher yields than on cash in Sweep. Cash then invested in a Client Directed Investment Choice alternative is generally not subject to automatic deduction to satisfy withdrawals or to make investments in, for example, another folio in your account managed by you or another Authorized person and thus a margin debit will be created if a purchase is executed in another folio that is in a margin account that does not have sufficient cash to pay for the tradeperson. Generally, there is no cash minimum for the Program either for participation in Sweep or in any Client Directed Investment Choice. However, interest may not be payable on cash maintained in a Client Directed Investment Choice until a cash balance threshold for any particular Client Directed Investment Choice is met (see the Schedule to this Exhibit for the specific levels). Cash deposited into the Program begins earning interest, to the extent eligible, from the day it is received by the Program Banks or received by us and maintained, under the Program, as a free credit. All withdrawals of cash from your account deposited in Sweep will be made by us as your agent in the following manner. Cash necessary to satisfy debit entries in your account will, generally, first be automatically withdrawn from free credit balances held by us that are not deemed held as part of the Program, if any – e.g., cash settling that day from securities sales or cash wired into your account that day, but there are other circumstances which can create a balance that is not yet in the Program. If a debit remains, we then will automatically withdraw cash from your Sweep cash maintained as part of the Program either as free credits held by us or as cash deposited in Program Banks. Cash invested by you or an Authorized person into a Client Directed Investment Choice will generally not automatically be withdrawn to satisfy a debit entry in your account; you must instruct us to withdraw a specified amount of cash from a Client Directed Investment Choice, after which we will credit your account with the amount noted in your instruction. Once credited to your account, it will be available for us to automatically satisfy your debit. If there is no debit entry once credited, it will be placed into Sweep. If you have a debit in your account and you fail or chose not to direct us to make a withdrawal from a Client Directed Investment Choice, you may have a positive cash balance in the Program and a debit balance in your account. Under such circumstances, we have the right to charge you interest on a debit amount. If this occurs, the interest we charge you on the debit in your account will be greater than the interest you will earn on the same amount of cash in your Client Directed Investment Choice. A debit is created when you purchase securities, when we receive a cash withdrawal request for your account using an electronic funds transfer, a check written by you and presented for payment, when we issue a check or wire at your request, or when you incur a fee or other charge in your account. Checks we provide you for use with your account are not drawn directly against any cash deposited for you at any of the Banks.

Pre-Dispute Arbitration Agreement. This Agreement contains a pre-dispute arbitration clause. By signing an arbitration agreement agreement, the parties agree as follows: • All parties to this Agreement are giving up the right to xxx sue each other in court, including the right to a trial by jury, except as provided by the rules of the arbitration forum in which a claim is filed. • Arbitration awards are generally final and binding; a party’s ability to have a court reverse or modify an arbitration award is very limited. • The ability of the parties to obtain documents, witness statements and other discovery is generally more limited in arbitration than in court proceedings. • The arbitrators do not have to explain the reason(s) for their award unless, in an eligible case, a joint request for an explained decision has been submitted by all parties to the panel at least (20) twenty days prior to the first scheduled hearing date. • The panel of arbitrators may include a minority of arbitrators who were or are affiliated with the securities industry. • The rules of some arbitration forums may impose time limits for bringing a claim in arbitration. In some cases, a claim that is ineligible for arbitration may be brought in court. • The rules of the arbitration forum in which the claim is filed, and any amendments thereto, shall be incorporated into this Agreement. You agree that all disputes between us arising in connection with Folio’s business activities or associated persons must be arbitrated under FINRA’s Code of Arbitration Procedure. You understand that we must use arbitration to decide and settle all controversies arising between us about any issue related to your account or this customer agreement. Any judgment resulting from arbitration may be entered in any court of competent jurisdiction. No person shall bring a putative or certified class action to arbitration, nor seek to enforce any pre-dispute arbitration agreement against any person who has initiated in court a putative class action; or who is a member of a putative class who has not opted out of the class with respect to any claims encompassed by the putative class action until: • The class certification is denied; or • The class is decertified; or • The customer is excluded from the class by the court. Such forbearance to enforce an agreement to arbitrate shall not constitute a waiver of any rights under this Agreement except to the extent stated herein. Exhibit 1 - Terms and Conditions of the Insured Bank Deposit and Free Credit Sweep Program Every account with us is eligible for and participates in the Insured Bank Deposit and Free Credit Sweep Program (“Program”). This document contains important information about and a description of the Program. Capitalized terms that are not defined herein shall have the meaning set forth in the Agreement. For purposes of administering the Program, you appoint us as your authorized agent and custodian pursuant to the terms and conditions of the Agreement, including this Exhibit and acknowledge and agree that we may engage third parties (including affiliates) to act on our behalf or on your behalf with respect to the Program. Currently no bank will accept any instructions concerning your cash on deposit with a Program Bank (as defined below), unless such instructions are transmitted by us. Our Program currently provides for an automatic deposit of your un-invested uninvested cash into one or more bank accounts insured by the Federal Deposit Insurance Corporation (“FDIC”) and/or maintenance of free credit balances held by us and insured by the Securities Investor Protection Corporation (“SIPC”) – referred to herein as “Sweep” – and, if certain criteria are met, an option for you or an Authorized person Person to instruct us to hold a specified amount of cash (separate from Sweep) in your account in one or more FDIC-insured bank accounts of our choosing as XXXX.XXXX and/or FDIC. PLUS which are the currently available, “Client Directed Investment Choices” under the Program. Cash held as free credits may be used by us as permitted by law and regulation, including to support margin loans extended to customers. We can change the features or products that are included in the Program to include any legally permissible deposit account or instrument or we can terminate any or all of the products in the Program and hold some or all of your cash only as free credits (note that under the Program some or all of your cash may already be held as free credits). If any such change then requires, under applicable law or regulation, prior notice to you and/or your consent we will provide such notice and/or seek such consent, to the extent so required. When, and if, we make a money market fund available under the Program either as a sweep vehicle or as a Directed Investment Choice, you will be provided access on our websites to any applicable prospectus for such fund. To use a Client Directed Investment Choice alternative then available under the Program, you or an Authorized person Person must instruct us to move specified cash amounts into and out of any such Client Directed Investment Choice each time you wish to move cash — we generally will not automatically move cash into or out of a Client Directed Investment Choice for you. By doing the work involved with maintaining a cash balance in the Client Directed Investment Choice alternative under the Program, you may earn higher yields than on cash in Sweep. Cash then invested in a Client Directed Investment Choice alternative is generally not subject to automatic deduction to satisfy withdrawals or to make investments in, for example, another folio in your account managed by you or another Authorized person Person and thus a margin debit will be created if a purchase is executed in another folio that is in a margin account that does not have sufficient cash to pay for the trade. Generally, there is no cash minimum for the Program either for participation in Sweep or in any Client Directed Investment Choice. However, interest may not be payable on cash maintained in a Client Directed Investment Choice until a cash balance threshold for any particular Client Directed Investment Choice is met (see the Schedule to this Exhibit for the specific levels). Cash deposited into the Program begins earning interest, to the extent eligible, from the day it is received by the Program Banks or received by us and maintained, under the Program, as a free credit. All withdrawals of cash from your account deposited in Sweep will be made by us as your agent in the following manner. Cash necessary to satisfy debit entries in your account will, generally, first be automatically withdrawn from free credit balances held by us that are not deemed held as part of the Program, if any – e.g., cash settling that day from securities sales or cash wired into your account that day, but there are other circumstances which can create a balance that is not yet in the Program. If a debit remains, we then will automatically withdraw cash from your Sweep cash maintained as part of the Program either as free credits held by us or as cash deposited in Program Banks. Cash Xxxx invested by you or an Authorized person Person into a Client Directed Investment Choice will generally not automatically be withdrawn to satisfy a debit entry in your account; you must instruct us to withdraw a specified amount of cash from a Client Directed Investment Choice, after which we will credit your account with the amount noted in your instruction. Once credited to your account, it will be available for us to automatically satisfy your debit. If there is no debit entry once credited, it will be placed into Sweep. If you have a debit in your account and you fail or chose not to direct us to make a withdrawal from a Client Directed Investment Choice, you may have a positive cash balance in the Program and a debit balance in your account. Under such circumstances, we have the right to charge you interest on a debit amount. If this occurs, the interest we charge you on the debit in your account will be greater than the interest you will earn on the same amount of cash in your Client Directed Investment Choice. A debit is created when you purchase securities, when we receive a cash withdrawal request for your account using an electronic funds transfer, a check written by you and presented for payment, when we issue a check or wire at your request, or when you incur a fee or other charge in your account. Checks we provide you for use with your account are not drawn directly against any cash deposited for you at any of the Banks. Additional provisions apply for margin accounts – see Margin Provisions.

Pre-Dispute Arbitration Agreement. This Agreement contains a pre-dispute arbitration clause. By signing an arbitration agreement the parties agree as follows: • All parties to this Agreement are giving up the right to xxx sue each other in court, including the right to a trial by jury, except as provided by the rules of the arbitration forum in which a claim is filed. • Arbitration awards are generally final and binding; a party’s ability to have a court reverse or modify an arbitration award is very limited. • The ability of the parties to obtain documents, witness statements and other discovery is generally more limited in arbitration than in court proceedings. • The arbitrators do not have to explain the reason(s) for their award unless, in an eligible case, a joint request for an explained decision has been submitted by all parties to the panel at least (20) twenty days prior to the first scheduled hearing date. • The panel of arbitrators may include a minority of arbitrators who were or are affiliated with the securities industry. • The rules of some arbitration forums may impose time limits for bringing a claim in arbitration. In some cases, a claim that is ineligible for arbitration may be brought in court. • The rules of the arbitration forum in which the claim is filed, and any amendments thereto, shall be incorporated into this Agreement. You agree that all disputes between us arising in connection with Folio’s business activities or associated persons must be arbitrated under FINRA’s Code of Arbitration Procedure. You understand that we must use arbitration to decide and settle all controversies arising between us about any issue related to your account or this customer agreement. Any judgment resulting from arbitration may be entered in any court of competent jurisdiction. No person shall bring a putative or certified class action to arbitration, nor seek to enforce any pre-dispute arbitration agreement against any person who has initiated in court a putative class action; or who is a member of a putative class who has not opted out of the class with respect to any claims encompassed by the putative class action until: • The class certification is denied; or • The class is decertified; or • The customer is excluded from the class by the court. Such forbearance to enforce an agreement to arbitrate shall not constitute a waiver of any rights under this Agreement except to the extent stated herein. Exhibit 1 - Terms and Conditions of the Insured Bank Deposit and Free Credit Sweep Program Every account with us is eligible for and participates in the Insured Bank Deposit and Free Credit Sweep Program (“Program”). This document contains important information about and a description of the Program. Capitalized terms that are not defined herein shall have the meaning set forth in the Agreement. For purposes of administering the Program, you appoint us as your authorized agent and custodian pursuant to the terms and conditions of the Agreement, including this Exhibit and acknowledge and agree that we may engage third parties (including affiliates) to act on our behalf or on your behalf with respect to the Program. Currently no bank will accept any instructions concerning your cash on deposit with a Program Bank (as defined below), unless such instructions are transmitted by us. Our Program currently provides for an automatic deposit of your un-invested cash into one or more bank accounts insured by the Federal Deposit Insurance Corporation (“FDIC”) and/or maintenance of free credit balances held by us and insured by the Securities Investor Protection Corporation (“SIPC”) – referred to herein as “Sweep” – and, if certain criteria are met, an option for you or an Authorized person to instruct us to hold a specified amount of cash (separate from Sweep) in your account in one or more FDIC-insured bank accounts of our choosing as XXXX.XXXX and/or FDIC. PLUS which are the currently available, “Client Directed Investment Choices” under the Program. Cash held as free credits may be used by us as permitted by law and regulation, including to support margin loans extended to customers. We can change the features or products that are included in the Program to include any legally permissible deposit account or instrument or we can terminate any or all of the products in the Program and hold some or all of your cash only as free credits (note that under the Program some or all of your cash may already be held as free credits). If any such change then requires, under applicable law or regulation, prior notice to you and/or your consent we will provide such notice and/or seek such consent, to the extent so required. When, and if, we make a money market fund available under the Program either as a sweep vehicle or as a Directed Investment Choice, Choice you will be provided access on our websites website to any applicable prospectus for such fund. To use a Client Directed Investment Choice alternative then available under the Program, you or an Authorized person must instruct us to move specified cash amounts into and out of any such Client Directed Investment Choice each time you wish to move cash — we generally will not automatically move cash into or out of a Client Directed Investment Choice for you. By doing the work involved with maintaining a cash balance in the Client Directed Investment Choice alternative under the Program, you may earn higher yields than on cash in Sweep. Cash then invested in a Client Directed Investment Choice alternative is generally not subject to automatic deduction to satisfy withdrawals or to make investments in, for example, another folio in your account managed by you or another Authorized person and thus a margin debit will be created if a purchase is executed in another folio that is in a margin account that does not have sufficient cash to pay for the tradeperson. Generally, there is no cash minimum for the Program either for participation in Sweep or in any Client Directed Investment Choice. However, interest may not be payable on cash maintained in a Client Directed Investment Choice until a cash balance threshold for any particular Client Directed Investment Choice is met (see the Schedule to this Exhibit for the specific levels). Cash deposited into the Program begins earning interest, to the extent eligible, from the day it is received by the Program Banks or received by us and maintained, under the Program, as a free credit. All withdrawals of cash from your account deposited in Sweep will be made by us as your agent in the following manner. Cash necessary to satisfy debit entries in your account will, generally, first be automatically withdrawn from free credit balances held by us that are not deemed held as part of the Program, if any – e.g., cash settling that day from securities sales or cash wired into your account that day, but there are other circumstances which can create a balance that is not yet in the Program. If a debit remains, we then will automatically withdraw cash from your Sweep cash maintained as part of the Program either as free credits held by us or as cash deposited in Program Banks. Cash Xxxx invested by you or an Authorized person into a Client Directed Investment Choice will generally not automatically be withdrawn to satisfy a debit entry in your account; you must instruct us to withdraw a specified amount of cash from a Client Directed Investment Choice, after which we will credit your account with the amount noted in your instruction. Once credited to your account, it will be available for us to automatically satisfy your debit. If there is no debit entry once credited, it will be placed into Sweep. If you have a debit in your account and you fail or chose not to direct us to make a withdrawal from a Client Directed Investment Choice, you may have a positive cash balance in the Program and a debit balance in your account. Under such circumstances, we have the right to charge you interest on a debit amount. If this occurs, the interest we charge you on the debit in your account will be greater than the interest you will earn on the same amount of cash in your Client Directed Investment Choice. A debit is created when you purchase securities, when we receive a cash withdrawal request for your account using an electronic funds transfer, a check written by you and presented for payment, when we issue a check or wire at your request, or when you incur a fee or other charge in your account. Checks we provide you for use with your account are not drawn directly against any cash deposited for you at any of the Banks.

Pre-Dispute Arbitration Agreement. This Any controversy or dispute that may arise between Client and Advisor, concerning the Ac- count, any transaction in or for the Account, or the construction, performance or breach of this Agreement contains a pre-dispute shall be settled by arbi- tration. Any arbitration clauseshall be pursuant to the rules, then applying, of the American Arbitration Association, except to the extent set forth herein. By signing an The arbitration agreement the panel shall consist of at least three individuals, with at least one panelist having knowledge of in- vestment advisory activities. The parties agree as follows: • All parties that any arbitration proceeding pursuant to this Agreement provision shall be held in a location as determined by the rules of the American Arbitration Association, and judgment upon the award rendered may be entered into in any court, state or federal, having jurisdiction.  Arbitration is final and binding on all parties.  The parties are giving up the waiving their right to xxx each other seek remedies in court, including the right to a trial by juryjury trial, except as provided by to the rules of the extent such a waiver would violate applicable law.  Pre-arbitration forum in which a claim is filed. • Arbitration awards are generally final and binding; a party’s ability to have a court reverse or modify an arbitration award is very limited. • The ability of the parties to obtain documents, witness statements and other discovery is generally more limited in arbitration than in and different from court proceedings. •  The arbitrators’ award is not required to include factual findings or legal reasoning and any party’s right to appeal or to seek modification of rulings by the arbitrators do not have to explain the reason(s) for their award unless, in an eligible case, a joint request for an explained decision has been submitted by all parties to the panel at least (20) twenty days prior to the first scheduled hearing dateis strictly limited. •  The panel of arbitrators may will typically include a minority of arbitrators who were or are affiliated with the securities industry. • The rules of some arbitration forums may impose time limits for bringing a claim in arbitration. In some cases, a claim that is ineligible for arbitration may be brought in court. • The rules of the arbitration forum in which the claim is filed, and any amendments thereto, shall be incorporated into this Agreement. You agree that all disputes between us arising in connection with Folio’s business activities or associated persons must be arbitrated under FINRA’s Code of Arbitration Procedure. You understand that we must use arbitration to decide and settle all controversies arising between us about any issue related to your account or this customer agreement. Any judgment resulting from arbitration may be entered in any court of competent jurisdictionindus- try. No person shall bring a putative or certified class action to arbitration, nor seek to enforce any pre-dispute arbitration agreement against any person who has initiated in court a putative class action; , or who is a member of a putative class who has not opted out of the class with respect to any claims encompassed by the putative class action until: • The (a) the class certification is denied; or • The (b) the class is decertified; or • The (c) the customer is excluded from the class by the court. Such forbearance to enforce an agreement to arbitrate arbi- trate shall not constitute a waiver of any rights under this Agreement except to the extent stated hereinstated. Exhibit 1 - Terms and Conditions The agreement to arbitrate does not entitle Client to obtain arbitration of claims that would be barred by the Insured Bank Deposit and Free Credit Sweep Program Every account with us relevant statute of limitations if such claims were brought in a court of competent jurisdiction. If at the time a demand for arbitration is eligible for and participates in made or an election or notice of intention to arbitrate is served, the Insured Bank Deposit and Free Credit Sweep Program (“Program”). This document contains important information about and claims sought to be arbitrated would have been barred by the relevant statute of limitations or other time bar, any party to this Agreement may assert the limitations as a description of the Program. Capitalized terms that are not defined herein shall have the meaning set forth in the Agreement. For purposes of administering the Program, you appoint us as your authorized agent and custodian pursuant bar to the terms and conditions arbitration by apply- ing to any court of the Agreement, including this Exhibit and acknowledge and agree competent jurisdiction. Client expressly agrees that we may engage third parties (including affiliates) to act on our behalf or on your behalf with respect any issues relating to the Program. Currently no bank will accept any instructions concerning your cash on deposit with a Program Bank (as defined below), unless such instructions are transmitted by us. Our Program currently provides for an automatic deposit of your un-invested cash into one or more bank accounts insured by the Federal Deposit Insurance Corporation (“FDIC”) and/or maintenance of free credit balances held by us and insured by the Securities Investor Protection Corporation (“SIPC”) – referred to herein as “Sweep” – and, if certain criteria are met, an option for you or an Authorized person to instruct us to hold a specified amount of cash (separate from Sweep) in your account in one or more FDIC-insured bank accounts of our choosing as XXXX.XXXX and/or FDIC. PLUS which are the currently available, “Client Directed Investment Choices” under the Program. Cash held as free credits may be used by us as permitted by law and regulation, including to support margin loans extended to customers. We can change the features or products that are included in the Program to include any legally permissible deposit account or instrument or we can terminate any or all of the products in the Program and hold some or all of your cash only as free credits (note that under the Program some or all of your cash may already be held as free credits). If any such change then requires, under applicable law or regulation, prior notice to you and/or your consent we will provide such notice and/or seek such consent, to the extent so required. When, and if, we make a money market fund available under the Program either as a sweep vehicle or as a Directed Investment Choice, you will be provided access on our websites to any applicable prospectus for such fund. To use a Client Directed Investment Choice alternative then available under the Program, you or an Authorized person must instruct us to move specified cash amounts into and out of any such Client Directed Investment Choice each time you wish to move cash — we generally will not automatically move cash into or out application of a Client Directed Investment Choice for you. By doing the work involved with maintaining a cash balance in the Client Directed Investment Choice alternative under the Program, you may earn higher yields than on cash in Sweep. Cash then invested in a Client Directed Investment Choice alternative is generally not subject to automatic deduction to satisfy withdrawals or to make investments in, for example, another folio in your account managed by you or another Authorized person and thus a margin debit will be created if a purchase is executed in another folio that is in a margin account that does not have sufficient cash to pay for the trade. Generally, there is no cash minimum for the Program either for participation in Sweep or in any Client Directed Investment Choice. However, interest may not be payable on cash maintained in a Client Directed Investment Choice until a cash balance threshold for any particular Client Directed Investment Choice is met (see the Schedule to this Exhibit for the specific levels). Cash deposited into the Program begins earning interest, to the extent eligible, from the day it is received by the Program Banks or received by us and maintained, under the Program, as a free credit. All withdrawals statute of cash from your account deposited in Sweep will be made by us as your agent in the following manner. Cash necessary to satisfy debit entries in your account will, generally, first be automatically withdrawn from free credit balances held by us that are not deemed held as part of the Program, if any – e.g., cash settling that day from securities sales or cash wired into your account that day, but there are other circumstances which can create a balance that is not yet in the Program. If a debit remains, we then will automatically withdraw cash from your Sweep cash maintained as part of the Program either as free credits held by us or as cash deposited in Program Banks. Cash invested by you or an Authorized person into a Client Directed Investment Choice will generally not automatically be withdrawn to satisfy a debit entry in your account; you must instruct us to withdraw a specified amount of cash from a Client Directed Investment Choice, after which we will credit your account with the amount noted in your instruction. Once credited to your account, it will be available for us to automatically satisfy your debit. If there is no debit entry once credited, it will be placed into Sweep. If you have a debit in your account and you fail or chose not to direct us to make a withdrawal from a Client Directed Investment Choice, you may have a positive cash balance in the Program and a debit balance in your account. Under such circumstances, we have the right to charge you interest on a debit amount. If this occurs, the interest we charge you on the debit in your account will be greater than the interest you will earn on the same amount of cash in your Client Directed Investment Choice. A debit is created when you purchase securities, when we receive a cash withdrawal request for your account using an electronic funds transfer, a check written by you and presented for payment, when we issue a check or wire at your request, or when you incur a fee limita- tions or other charge in your accounttime bar are referable to such a court. Checks we provide you for use with your account are The failure to assert such bar by application to a court, however, shall not drawn directly against any cash deposited for you at any of pre- clude its assertion before the Banksarbitrators.

Pre-Dispute Arbitration Agreement. This Agreement contains a pre-dispute arbitration clause. By signing an arbitration agreement the parties agree as follows: • All parties to this Agreement are giving up the right to xxx each other in court, including the right to a trial by jury, except as provided by the rules of the arbitration forum in which a claim is filed. • Arbitration awards are generally final and binding; a party’s ability to have a court reverse or modify an arbitration award is very limited. • The ability of the parties to obtain documents, witness statements and other discovery is generally more limited in arbitration than in court proceedings. • The arbitrators do not have to explain the reason(s) for their award unless, in an eligible case, a joint request for an explained decision has been submitted by all parties to the panel at least (20) twenty days prior to the first scheduled hearing date. • The panel of arbitrators may include a minority of arbitrators who were or are affiliated with the securities industry. • The rules of some arbitration forums may impose time limits for bringing a claim in arbitration. In some cases, a claim that is ineligible for arbitration may be brought in court. • The rules of the arbitration forum in which the claim is filed, and any amendments thereto, shall be incorporated into this Agreement. You agree that all disputes between us arising in connection with Folio’s business activities or associated persons must be arbitrated under FINRA’s Code of Arbitration Procedure. You understand that we must use arbitration to decide and settle all controversies arising between us about any issue related to your account or this customer agreement. Any judgment resulting from arbitration may be entered in any court of competent jurisdiction. No person shall bring a putative or certified class action to arbitration, nor seek to enforce any pre-dispute arbitration agreement against any person who has initiated in court a putative class action; or who is a member of a putative class who has not opted out of the class with respect to any claims encompassed by the putative class action until: • The class certification is denied; or • The class is decertified; or • The customer is excluded from the class by the court. Such forbearance to enforce an agreement to arbitrate shall not constitute a waiver of any rights under this Agreement except to the extent stated herein. Exhibit 1 - Terms and Conditions of the Insured Bank Deposit and Free Credit Sweep Program Every account with us is eligible for and participates in the Insured Bank Deposit and Free Credit Sweep Program (“Program”). This document contains important information about and a description of the Program. Capitalized terms that are not defined herein shall have the meaning set forth in the Agreement. For purposes of administering the Program, you appoint us as your authorized agent and custodian pursuant to the terms and conditions of the Agreement, including this Exhibit and acknowledge and agree that we may engage third parties (including affiliates) to act on our behalf or on your behalf with respect to the Program. Currently no bank will accept any instructions concerning your cash on deposit with a Program Bank (as defined below), unless such instructions are transmitted by us. Our Program currently provides for an automatic deposit of your un-invested cash into one or more bank accounts insured by the Federal Deposit Insurance Corporation (“FDIC”) and/or maintenance of free credit balances held by us and insured by the Securities Investor Protection Corporation (“SIPC”) – referred to herein as “Sweep” – and, if certain criteria are met, an option for you or an Authorized person to instruct us to hold a specified amount of cash (separate from Sweep) in your account in one or more FDIC-insured bank accounts of our choosing as XXXX.XXXX and/or FDIC. PLUS XXXX.XXXX which are the currently available, “Client Directed Investment Choices” under the Program. Cash held as free credits may be used With prior notice to you and, if then required by us as permitted by applicable law and or regulation, including to support margin loans extended to customers. We with your consent, we can change the features or products that are included in the Program to include any legally permissible deposit account or instrument or we can terminate any or all of the products in the Program and hold some or all of your cash only as free credits (note that under the Program some or all of your cash may already be held as free creditscredits although FDIC-insured Client Directed Investment Choice products are also available under the Program). If any such change then requires, under applicable law or regulation, prior notice to you and/or your consent we will provide such notice and/or seek such consent, to the extent so required. When, When and if, if we make a money market fund available under the Program either as a sweep vehicle or as a Directed Investment Choice, Choice you will be provided access on our websites website to any applicable prospectus for such fund. To use a Client Directed Investment Choice alternative then available under the Program, you or an Authorized person must instruct us to move specified cash amounts into and out of any such Client Directed Investment Choice each time you wish to move cash — we generally will not automatically move cash into or out of a Client Directed Investment Choice for you. By doing the work involved with maintaining a cash balance in the Client Directed Investment Choice alternative under the Program, you may earn higher yields than on cash in Sweep. Cash then invested in a Client Directed Investment Choice alternative is generally not subject to automatic deduction to satisfy withdrawals or to make investments in, for example, another folio in your account managed by you or another Authorized person and thus a margin debit will be created if a purchase is executed in another folio that is in a margin account that does not have sufficient cash to pay for the tradeperson. Generally, there is no cash minimum for the Program either for participation in Sweep or in any Client Directed Investment Choice. However, interest may not be payable on cash maintained in a Client Directed Investment Choice until a cash balance threshold for any particular Client Directed Investment Choice is met (see the Schedule to this Exhibit for the specific levels). Cash deposited into the Program begins earning interest, to the extent eligible, from the day it is received by the Program Banks or received by us and maintained, under the Program, as a free credit. All withdrawals of cash from your account deposited in Sweep will be made by us as your agent in the following manner. Cash necessary to satisfy debit entries in your account will, generally, first be automatically withdrawn from free credit balances held by us that are not deemed held as part of the Program, if any – e.g., cash settling that day from securities sales or cash wired into your account that day, but there are other circumstances which can create a balance that is not yet in the Program. If a debit remains, we then will automatically withdraw cash from your Sweep cash maintained as part of the Program either as free credits held by us or as cash deposited in Program Banks. Cash invested by you or an Authorized person into a Client Directed Investment Choice will generally not automatically be withdrawn to satisfy a debit entry in your account; you must instruct us to withdraw a specified amount of cash from a Client Directed Investment Choice, after which we will credit your account with the amount noted in your instruction. Once credited to your account, it will be available for us to automatically satisfy your debit. If there is no debit entry once credited, it will be placed into Sweep. If you have a debit in your account and you fail or chose not to direct us to make a withdrawal from a Client Directed Investment Choice, you may have a positive cash balance in the Program and a debit balance in your account. Under such circumstances, we have the right to charge you interest on a debit amount. If this occurs, the interest we charge you on the debit in your account will be greater than the interest you will earn on the same amount of cash in your Client Directed Investment Choice. A debit is created when you purchase securities, when we receive a cash withdrawal request for your account using an electronic funds transfer, a check written by you and presented for payment, when we issue a check or wire at your request, or when you incur a fee or other charge in your account. Checks we provide you for use with your account are not drawn directly against any cash deposited for you at any of the Banks.

Pre-Dispute Arbitration Agreement. This Any controversy or dispute that may arise between Client and Advisor concerning the Account, any transaction in or for the Account, or the construction, performance or breach of this Agreement contains a pre-dispute shall be settled by arbitration. Any arbitration clauseshall be pursuant to the rules, then applying, of the American Arbitration Association, except to the extent set forth herein. By signing an The arbitration agreement the panel shall consist of at least three individuals, with at least one panelist having knowledge of investment advisory activities. The parties agree as follows: • All parties that any arbitration proceeding pursuant to this Agreement provision shall be held in allocation as determined by the rules of the American Arbitration Association, and judgment upon the award rendered may be entered in any court, state or federal, having jurisdiction. a. Arbitration is final and binding on all parties. a. The parties are giving up the waiving their right to xxx each other seek remedies in court, including the right to a trial by juryjury trial, except as provided by to the rules of the extent such a waiver would violate applicable law. b. Pre-arbitration forum in which a claim is filed. • Arbitration awards are generally final and binding; a party’s ability to have a court reverse or modify an arbitration award is very limited. • The ability of the parties to obtain documents, witness statements and other discovery is generally more limited in arbitration than in and different from court proceedings. • . c. The arbitrators’ award is not required to include factual findings or legal reasoning and any party’s right to appeal or to seek modification of rulings by the arbitrators do not have to explain the reason(s) for their award unless, in an eligible case, a joint request for an explained decision has been submitted by all parties to the panel at least (20) twenty days prior to the first scheduled hearing date. • is strictly limited. d. The panel of arbitrators may will typically include a minority of arbitrators who were or are affiliated with the securities industry. • The rules of some arbitration forums may impose time limits for bringing a claim in arbitration. In some cases, a claim that is ineligible for arbitration may be brought in court. • The rules of the arbitration forum in which the claim is filed, and any amendments thereto, shall be incorporated into this Agreement. You agree that all disputes between us arising in connection with Folio’s business activities or associated persons must be arbitrated under FINRA’s Code of Arbitration Procedure. You understand that we must use arbitration to decide and settle all controversies arising between us about any issue related to your account or this customer agreement. Any judgment resulting from arbitration may be entered in any court of competent jurisdiction. . e. No person shall bring a putative or certified class action to arbitration, nor seek to enforce any pre-pre- dispute arbitration agreement against any person who has initiated in court a putative class action; , or who is a member of a putative class who has not opted out of the class with respect to any claims encompassed by the putative class action until: • The (a) the class certification is denied; or • The (b) the class is decertified; or • The (c) the customer is excluded from the class by the court. Such forbearance to enforce an agreement to arbitrate shall not constitute a waiver of any rights under this Agreement except to the extent stated hereinstated. f. The agreement to arbitrate does not entitle Client to obtain arbitration of claims that would be barred by the relevant statute of limitations if such claims were brought in a court of competent jurisdiction. Exhibit 1 - Terms and Conditions If at the time a demand for arbitration is made or an election or notice of intention to arbitrate is served, the Insured Bank Deposit and Free Credit Sweep Program Every account with us is eligible for and participates in claims sought to be arbitrated would have been barred by the Insured Bank Deposit and Free Credit Sweep Program (“Program”). This document contains important information about and relevant statute of limitations or other time bar, any party to this Agreement may assert the limitations as a description of the Program. Capitalized terms that are not defined herein shall have the meaning set forth in the Agreement. For purposes of administering the Program, you appoint us as your authorized agent and custodian pursuant bar to the terms and conditions arbitration by applying to any court of the Agreement, including this Exhibit and acknowledge and agree competent jurisdiction. Client expressly agrees that we may engage third parties (including affiliates) to act on our behalf or on your behalf with respect any issues relating to the Program. Currently no bank will accept any instructions concerning your cash on deposit with a Program Bank (as defined below), unless such instructions are transmitted by us. Our Program currently provides for an automatic deposit of your un-invested cash into one or more bank accounts insured by the Federal Deposit Insurance Corporation (“FDIC”) and/or maintenance of free credit balances held by us and insured by the Securities Investor Protection Corporation (“SIPC”) – referred to herein as “Sweep” – and, if certain criteria are met, an option for you or an Authorized person to instruct us to hold a specified amount of cash (separate from Sweep) in your account in one or more FDIC-insured bank accounts of our choosing as XXXX.XXXX and/or FDIC. PLUS which are the currently available, “Client Directed Investment Choices” under the Program. Cash held as free credits may be used by us as permitted by law and regulation, including to support margin loans extended to customers. We can change the features or products that are included in the Program to include any legally permissible deposit account or instrument or we can terminate any or all of the products in the Program and hold some or all of your cash only as free credits (note that under the Program some or all of your cash may already be held as free credits). If any such change then requires, under applicable law or regulation, prior notice to you and/or your consent we will provide such notice and/or seek such consent, to the extent so required. When, and if, we make a money market fund available under the Program either as a sweep vehicle or as a Directed Investment Choice, you will be provided access on our websites to any applicable prospectus for such fund. To use a Client Directed Investment Choice alternative then available under the Program, you or an Authorized person must instruct us to move specified cash amounts into and out of any such Client Directed Investment Choice each time you wish to move cash — we generally will not automatically move cash into or out application of a Client Directed Investment Choice for you. By doing the work involved with maintaining a cash balance in the Client Directed Investment Choice alternative under the Program, you may earn higher yields than on cash in Sweep. Cash then invested in a Client Directed Investment Choice alternative is generally not subject to automatic deduction to satisfy withdrawals or to make investments in, for example, another folio in your account managed by you or another Authorized person and thus a margin debit will be created if a purchase is executed in another folio that is in a margin account that does not have sufficient cash to pay for the trade. Generally, there is no cash minimum for the Program either for participation in Sweep or in any Client Directed Investment Choice. However, interest may not be payable on cash maintained in a Client Directed Investment Choice until a cash balance threshold for any particular Client Directed Investment Choice is met (see the Schedule to this Exhibit for the specific levels). Cash deposited into the Program begins earning interest, to the extent eligible, from the day it is received by the Program Banks or received by us and maintained, under the Program, as a free credit. All withdrawals statute of cash from your account deposited in Sweep will be made by us as your agent in the following manner. Cash necessary to satisfy debit entries in your account will, generally, first be automatically withdrawn from free credit balances held by us that are not deemed held as part of the Program, if any – e.g., cash settling that day from securities sales or cash wired into your account that day, but there are other circumstances which can create a balance that is not yet in the Program. If a debit remains, we then will automatically withdraw cash from your Sweep cash maintained as part of the Program either as free credits held by us or as cash deposited in Program Banks. Cash invested by you or an Authorized person into a Client Directed Investment Choice will generally not automatically be withdrawn to satisfy a debit entry in your account; you must instruct us to withdraw a specified amount of cash from a Client Directed Investment Choice, after which we will credit your account with the amount noted in your instruction. Once credited to your account, it will be available for us to automatically satisfy your debit. If there is no debit entry once credited, it will be placed into Sweep. If you have a debit in your account and you fail or chose not to direct us to make a withdrawal from a Client Directed Investment Choice, you may have a positive cash balance in the Program and a debit balance in your account. Under such circumstances, we have the right to charge you interest on a debit amount. If this occurs, the interest we charge you on the debit in your account will be greater than the interest you will earn on the same amount of cash in your Client Directed Investment Choice. A debit is created when you purchase securities, when we receive a cash withdrawal request for your account using an electronic funds transfer, a check written by you and presented for payment, when we issue a check or wire at your request, or when you incur a fee limitations or other charge in your accounttime bar are referable to such a court. Checks we provide you for use with your account are The failure to assert such bar by application to a court, however, shall not drawn directly against any cash deposited for you at any of preclude its assertion before the Banksarbitrators.