Common use of TRADING AGENTS Clause in Contracts

TRADING AGENTS. 26.1 If a third party is granted trading authority or control over the Customer's account, whether on a discretionary or non-discretionary basis, the Customer acknowledges that they are assuming the associated risk. 26.2 The Customer also acknowledges that the Company, its subsidiaries, affiliates, or agents are not responsible for reviewing the Customer's choice of Trading Agent, or the actions taken by the Trading Agent, and will not make any recommendations with respect to them. 26.3 The Customer understands that the Company makes no warranties or representations concerning any Trading Agent and that the Company, its subsidiaries, affiliates or agents will not be responsible for any loss occasioned by the actions of the Trading Agent. The Customer also acknowledges that the Company does not endorse or approve of the operating methods of the Trading Agent. 26.4 If a Customer chooses to grant trading authority or control over their account to a Trading Agent, they agree to enter into a power of attorney agreement (POA) with the Trading Agent and provide the POA to the Company. 26.5 Upon receipt of the POA, the Company is authorized to follow the instructions of the Trading Agent in every respect until the Customer notifies the Company in writing that the POA is revoked or has expired. 26.6 The Customer authorizes the Company to debit their account in accordance with the terms agreed upon between the Customer and Trading Agent, which are set out in the POA. 26.7 The Customer acknowledges that the Trading Agent and third-party vendors of trading systems, courses, programs, research or recommendations may not be regulated by a government agency. Therefore, it is the Customer's responsibility to perform necessary due diligence on the Trading Agent prior to using any of their services and to satisfy themselves of its competence and/or suitability to the Customer. 26.8 The Customer acknowledges that they or the Trading Agent may choose to use an automated trading system, and that the Company does not take responsibility for any such system. The Customer is aware of the volume of trading and resulting commissions that such systems may generate, and the impact this may have on the performance of their account. The Customer accepts the risks associated with the use of computers and data feed systems, including but not limited to, failure of hardware, software, or communication lines or systems, inaccurate external data feeds provided by third-party vendors, and agrees to hold the Company harmless from any losses in the account associated with these risks. The Customer acknowledges that neither the Company nor any of its officers, directors, vendors, employees, agents, associated persons or personnel will be liable for any such breakdown or failure. 26.9 By using a Trading Agent, the Customer acknowledges that they may be subject to a mark-up that goes beyond the regular spread offered by the Company. The agreement between the Trading Agent and the Customer will provide specific details on any such mark-up. 26.10 The Customer acknowledges that any actions or decisions taken by the Trading Agent on their behalf will be considered as the Customer's actions, and any losses or gains resulting from the Trading Agent's actions will be the Customer's responsibility. 26.11 The Customer agrees to indemnify and hold the Company harmless from any liabilities, losses, damages, costs, and expenses, including attorney's fees, arising from the Trading Agent's management of the account. This includes any actions, instructions, or omissions by the Trading Agent. 26.12 The Customer understands that trading foreign exchange, commodities, futures, Forex, CFDs is highly risky, and therefore, the Customer should carefully evaluate whether to trade through the Company, either with a Trading Agent or otherwise, if they do not have sufficient capital they can afford to lose.

Appears in 2 contracts

Samples: Customer Agreement, Customer Agreement

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TRADING AGENTS. 26.1 If a third party is granted trading authority or control over the Customer's account, whether on a discretionary or non-discretionary basis, the Customer acknowledges that they are assuming the associated risk. 26.2 The Customer also acknowledges that the Company, its subsidiaries, affiliates, or agents are not responsible for reviewing the Customer's choice of Trading Agent, or the actions taken by the Trading Agent, and will not make any recommendations with respect to them. 26.3 The Customer understands that the Company makes no warranties or representations concerning any Trading Agent and that the Company, its subsidiaries, affiliates or agents will not be responsible for any loss occasioned by the actions of the Trading Agent. The Customer also acknowledges that the Company does not endorse or approve of the operating methods of the Trading Agent. 26.4 If a Customer chooses to grant trading authority or control over their account to a Trading Agent, they agree to enter into a power of attorney agreement (POA) with the Trading Agent and provide the POA to the Company. 26.5 Upon receipt of the POA, the Company is authorized to follow the instructions of the Trading Agent in every respect until the Customer notifies the Company in writing that the POA is revoked or has expired. 26.6 The Customer authorizes the Company to debit their account in accordance with the terms agreed upon between the Customer and Trading Agent, which are set out in the POA. 26.7 The Customer acknowledges that the Trading Agent and third-party vendors of trading systems, courses, programs, research or recommendations may not be regulated by a government agency. Therefore, it is the Customer's responsibility to perform necessary due diligence on the Trading Agent prior to using any of their services and to satisfy themselves of its competence and/or suitability to the Customer. 26.8 The Customer acknowledges that they or the Trading Agent may choose to use an automated trading system, and that the Company does not take responsibility for any such system. The Customer is aware of the volume of trading and resulting commissions that such systems may generate, and the impact this may have on the performance of their account. The Customer accepts the risks associated with the use of computers and data feed systems, including but not limited to, failure of hardware, software, or communication lines or systems, inaccurate external data feeds provided by third-party vendors, and agrees to hold the Company harmless from any losses in the account associated with these risks. The Customer acknowledges that neither the Company nor any of its officers, directors, vendors, employees, agents, associated persons or personnel will be liable for any such breakdown or failure. 26.9 By using a Trading Agent, the Customer acknowledges that they may be subject to a mark-mark- up that goes beyond the regular spread offered by the Company. The agreement between the Trading Agent and the Customer will provide specific details on any such mark-up. 26.10 The Customer acknowledges that any actions or decisions taken by the Trading Agent on their behalf will be considered as the Customer's actions, and any losses or gains resulting from the Trading Agent's actions will be the Customer's responsibility. 26.11 The Customer agrees to indemnify and hold the Company harmless from any liabilities, losses, damages, costs, and expenses, including attorney's fees, arising from the Trading Agent's management of the account. This includes any actions, instructions, or omissions by the Trading Agent. 26.12 The Customer understands that trading foreign exchange, commodities, futures, Forex, CFDs is highly risky, and therefore, the Customer should carefully evaluate whether to trade through the Company, either with a Trading Agent or otherwise, if they do not have sufficient capital they can afford to lose.

Appears in 1 contract

Samples: Customer Agreement

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