Common use of Pre-Dispute Arbitration Agreement Clause in Contracts

Pre-Dispute Arbitration Agreement. This agreement and the customer information brochure contain a pre-dispute arbitration clause. By signing an arbitration agreement, the parties agree that: • ALL PARTIES TO THIS AGREEMENT ARE GIVING UP THE RIGHT TO 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 DAYS PRIOR TO THE FIRSTSCHEDULED HEARING DATE. • THE PANEL OF ARBITRATORS MAY INCLUDE A MINORITY OF ARBITRATORS WHO WERE OR ARE AFFILIATED WITH THESECURITIES 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. IT IS AGREED THAT ANY CONTROVERSY BETWEEN CLIENT AND CAPE INVESTMENT ADVISORY, INC. ARISING OUT OF THE BUSINESS OF CAPE INVESTMENT ADVISORY, INC., OR THIS AGREEMENT, EXCEPT FOR THOSE DISPUTES BETWEEN THE PARTIES ARISING UNDER THE FEDERAL SECURITIES LAWS WHICH ARE OR ARE HELD TO BE NON-ARBITRATABLE AS A MATTER OF LAW, SHALL BE SUBMITTED TO ARBITRATION CONDUCTED UNDER THE CODE OF ARBITRATION PROCEDURES, THEN APPLYING, OF THE AMERICAN ARBITRATION ASSOCIATION. ARBITRATION PROCEEDINGS MUST BE COMMENCED BY SERVICE UPON THE OTHER PARTY OF A WRITTEN DEMAND FOR ARBITRATION OR A WRITTEN NOTICE OF INTENTION TO ARBITRATE. THE AWARD OF THE ARBITRATORS, OR A MAJORITY OF THEM, SHALL BE FINAL AND JUDGEMENT MAY BE ENTERED THEREON. ANY JUDICIAL PRODDEDINGS RELATED TO THE ARBITRATION OR TO THIS AGREEMENT SHALL BE CONDUCTED IN A STATE OR FEDERAL COURT IN HENRY COUNTY, GEORGIA, AND I AGREE (A) TO SUBMIT TO THE JURISDICTION OF ANY SUCH COURT, (B) THAT ANY SUCH COURT CONSTITUTES A CONVENIENT FORUM, AND (C) THAT PROCESS MAY BE SERVED BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED AT MY LAST ADDRESS KNOWN TO CAPE INVESTMENT ADVISORY, INC. AS USED IN THIS PARAGRAPH, THE TERM “CAPE INVESTMENT ADVISORY, INC.” SHALL BE DEEMED TO INCLUDE CAPE INVESTMENT ADVISORY, INC., ITS PORTFOLIO ADVISORS, REPRESENTATIVES, AGENTS AND PERSONNEL. 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: (I) THE CLASS CERTIFICATION IS DENIED; OR (ii) THE CLASS IS DECERTIFIED; OR (iii) 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. Facts What does Cape Investment Advisory, Inc. do with your personal information? Reasons we can share your personal information Does Cape Investment Advisory, Inc. share? Can you limit this sharing? Privacy Statement Why? Financial companies choose how they share your personally identifiable information (“personal information”). Federal law gives consumers the right to limit some but not all sharing and requires us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand what we do. What? The types of personal information we collect and share depends on the product or service you have with us. This information includes, but is not limited to: • Social Security number and financial account numbers • Account balances and transaction information • Income and employment information • Medical information recorded on a variable life insurance application How? All financial companies need to share customers’ personal information to run their everyday business and we share your information as permitted by law. We may share your information to the extent that is prudent to offer you products and services we believe best meet your needs or as you authorize. In the section below we list reasons financial companies can share their customers’ personal information; reasons Cape Investment Advisory chooses to share; and whether you can limit this sharing. For our everyday business purposes– such as to process your transactions, maintain your account(s), respond to court orders and legal investigations, or report to credit bureaus. Yes No For our marketing purposes– to offer our products and services to you Yes No For our affiliates’ everyday business purposes– information about your transactions and experiences Yes No For our affiliates’ everyday business purposes– information about your creditworthiness Yes Yes For our affiliates to market to you Yes Yes For joint marketing with other financial companies Yes Yes For nonaffiliates to market to you Yes Yes To limit our sharing or for questions Contact a us at Tel. 678 -5 83 -1 120 ; Fax 678 -5 83 -1 258 ; or Email: xxxxxxxxxxxxx@xxxxxxxxxxxxxx.xxx Please note: Cape Investment Advisory, Inc. employees and systems provide services to multiple affiliated entities. As a practical matter, sharing can’t be limited in such situations, other than requiring employees have a “need to know” prior to accessing any customer information, a policy which is in effect. If you are a new customer, we can begin sharing your information externally 30 days from the date we sent this notice. When you are no longer our customer, we continue to share your information as described in this notice. However, you can contact us at any time to notify us to limit our sharing. Revised 3/21/2022 Who we are Who is providing this notice? Cape Investment Advisory, Inc. What we do How does Cape Investment Advisory, Inc. protect my personal information? To protect your personal information from unauthorized access and use, we use security measures that comply with federal law. These measures include policies and procedures, computer safeguards, secured files and buildings. How does Cape Investment Advisory, Inc. collect my personal information? We collect your personal information when you agree to provide it, for example, when you: • Open an account or make deposits or withdrawals from your account • When we buy or sell securities in your account • Tell us about your other investment or retirement portfolio(s) We also collect your personal information from others, such as credit bureaus, affiliates, or other companies. Why can’t I limit all sharing? Federal law gives you the right to limit only: • Sharing for affiliates’ everyday business purposes – information about your creditworthiness • Affiliates from using your information to market to you • Sharing with nonaffiliates to market to you State laws and individual companies may give you additional rights to limit sharing. See below for more on your rights under state law. What happens when I limit sharing for an account I hold jointly with someone else? Your choice will apply to everyone on your account.

Pre-Dispute Arbitration Agreement. This agreement and the customer information brochure contain a pre-dispute arbitration clause. By signing an arbitration agreement, the parties agree that: • ALL PARTIES TO THIS AGREEMENT ARE GIVING UP THE RIGHT TO 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 DAYS PRIOR TO THE FIRSTSCHEDULED HEARING DATE. • THE PANEL OF ARBITRATORS MAY INCLUDE A MINORITY OF ARBITRATORS WHO WERE OR ARE AFFILIATED WITH THESECURITIES 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. IT IS AGREED THAT ANY CONTROVERSY BETWEEN CLIENT AND CAPE INVESTMENT ADVISORY, INC. ARISING OUT OF THE BUSINESS OF CAPE INVESTMENT ADVISORY, INC., OR THIS AGREEMENT, EXCEPT FOR THOSE DISPUTES BETWEEN THE PARTIES ARISING UNDER THE FEDERAL SECURITIES LAWS WHICH ARE OR ARE HELD TO BE NON-ARBITRATABLE AS A MATTER OF LAW, SHALL BE SUBMITTED TO ARBITRATION CONDUCTED UNDER THE CODE OF ARBITRATION PROCEDURES, THEN APPLYING, OF THE AMERICAN ARBITRATION ASSOCIATION. ARBITRATION PROCEEDINGS MUST BE COMMENCED BY SERVICE UPON THE OTHER PARTY OF A WRITTEN DEMAND FOR ARBITRATION OR A WRITTEN NOTICE OF INTENTION TO ARBITRATE. THE AWARD OF THE ARBITRATORS, OR A MAJORITY OF THEM, SHALL BE FINAL AND JUDGEMENT MAY BE ENTERED THEREON. ANY JUDICIAL PRODDEDINGS RELATED TO THE ARBITRATION OR TO THIS AGREEMENT SHALL BE CONDUCTED IN A STATE OR FEDERAL COURT IN HENRY COUNTY, GEORGIA, AND I AGREE (A) TO SUBMIT TO THE JURISDICTION OF ANY SUCH COURT, (B) THAT ANY SUCH COURT CONSTITUTES A CONVENIENT FORUM, AND (C) THAT PROCESS MAY BE SERVED BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED AT MY LAST ADDRESS KNOWN TO CAPE INVESTMENT ADVISORY, INC. AS USED IN THIS PARAGRAPH, THE TERM “CAPE INVESTMENT ADVISORY, INC.” SHALL BE DEEMED TO INCLUDE CAPE INVESTMENT ADVISORY, INC., ITS PORTFOLIO ADVISORS, REPRESENTATIVES, AGENTS AND PERSONNEL. 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: (I) THE CLASS CERTIFICATION IS DENIED; OR (ii) THE CLASS IS DECERTIFIED; OR (iii) 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. Facts What does Cape Investment Advisory, Inc. do with Customer Agreement Addendum The signer(s) of the above Investor Profile agree they have carefully read this document prior to signing said document and agree to all the terms and conditions contained herein and specifically understand that this Customer Agreement Addendum contains a pre-dispute arbitration clause. The latest version of this document is also posted on our website at xxxxx://xxx.xxxxxxxxxxxxxxxxxxxxxx.xxx/ for your personal information? Reasons we can share your personal information Does records. The terms set forth in this Customer Agreement Addendum are in addition to, or further explanatory of, terms and conditions set forth in any current or future product and/or service agreement as they pertain to Cape Investment Advisory, Inc. share? Can you limit this sharing? Privacy Statement Why? Financial companies choose how they share your personally identifiable information (“personal informationCape”). Federal law gives consumers the right to limit some but not all sharing and requires us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand what we do. What? The types of personal information we collect and share depends on the product or service you have with us. This information includes, but is not limited to: • Social Security number and financial account numbers • Account balances and transaction information • Income and employment information • Medical information recorded on a variable life insurance application How? All financial companies need to share customers’ personal information to run their everyday business and we share your information as permitted by law. We may share your information to the extent that is prudent to offer you products and services we believe best meet your needs or as you authorize. In the section below we list reasons financial companies can share their customers’ personal information; reasons Cape Investment Advisory chooses to share; and whether you can limit this sharing. For our everyday business purposes– such as to process your transactions, maintain your account(s), respond to court orders and legal investigations, or report to credit bureaus. Yes No For our marketing purposes– to offer our products and services to you Yes No For our affiliates’ everyday business purposes– information about your transactions and experiences Yes No For our affiliates’ everyday business purposes– information about your creditworthiness Yes Yes For our affiliates to market to you Yes Yes For joint marketing with other financial companies Yes Yes For nonaffiliates to market to you Yes Yes To limit our sharing or for questions Contact a us at Tel. 678 -5 83 -1 120 ; Fax 678 -5 83 -1 258 ; or Email: xxxxxxxxxxxxx@xxxxxxxxxxxxxx.xxx Please note: Cape Investment Advisory, Inc. employees and systems provide services to multiple affiliated entities. As a practical matter, sharing can’t be limited in such situations, other than requiring employees have a “need to know” prior to accessing any customer information, a policy which is in effect. If you are a new customer, we can begin sharing your information externally 30 days from the date we sent this notice. When you are no longer our customer, we continue to share your information as described in this notice. However, you can contact us at any time to notify us to limit our sharing. Revised 3/21/2022 Who we are Who is providing this notice? Cape Investment Advisory, Inc. What we do How does Cape Investment Advisory, Inc. protect my personal information? To protect your personal information from unauthorized access and use, we use security measures that comply with federal law. These measures include policies and procedures, computer safeguards, secured files and buildings. How does Cape Investment Advisory, Inc. collect my personal information? We collect your personal information when you agree to provide it, for example, when you: • Open an account or make deposits or withdrawals from your account • When we buy or sell securities in your account • Tell us about your other investment or retirement portfolio(s) We also collect your personal information from others, such as credit bureaus, affiliates, or other companies. Why can’t I limit all sharing? Federal law gives you the right to limit only: • Sharing for affiliates’ everyday business purposes – information about your creditworthiness • Affiliates from using your information to market to you • Sharing with nonaffiliates to market to you State laws and individual companies may give you additional rights to limit sharing. See below for more on your rights under state law. What happens when I limit sharing for an account I hold jointly with someone else? Your choice will apply to everyone on your account.