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. 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 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. (“Cape”).

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. The signer(s) of Privacy Statement Why? Financial companies choose how they share your personally identifiable information (“personal information”). Federal law gives consumers the above Investor Profile agree they have carefully 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 document prior notice carefully to signing said document understand what we do. What? The types of personal information we collect and agree 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 all 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 terms extent that is prudent to offer you products and conditions contained herein 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 specifically understand that whether you can limit this Customer Agreement Addendum contains a pre-dispute arbitration clausesharing. The latest version of this document is also posted on For our website at xxxxx://xxx.xxxxxxxxxxxxxxxxxxxxxx.xxx/ for everyday business purposes– such as to process your records. The terms set forth in this Customer Agreement Addendum are in addition totransactions, maintain your account(s), respond to court orders and legal investigations, or further explanatory of, terms report to credit bureaus. Yes No For our marketing purposes– to offer our products and conditions set forth in any current 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 Contact a us at Tel. 678 -5 83 -1 120 ; Fax 678 -5 83 -1 258 ; or future product and/or service agreement as they pertain to 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 “Cape”)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. Who is providing this notice? Cape Investment Advisory, Inc. 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.