Online Brokerage User Addendum | close window |
YOU MUST READ
AND ACCEPT PRIOR TO ANY ONLINE BROKERAGE ACTIVITY
In compliance with Federal Law and the Anti-Money Laundering
Statutes, GlobaLink requires all New Customers to provide
verification of their identities. Your signature on this application
is an authorization for GlobaLink and/or its Divisions to request
any and all information required to verify your identity as required
by Federal Law which may include requesting a copy of your credit
report from one or more of the reporting credit agencies.
Conditions, Limitations, and Responsibilities
You acknowledge that you are the only authorized user of these
online services and are responsible for the protection of your
account number, password and trading password (hereafter Personal
ID). You are solely responsible for access to your account, account
retrieval, investments made online, and changes to personal
preferences using this Personal ID. Further, you are solely
responsible for the use, storage, and security of your account
information and Personal ID on your personal computer, laptop, or
any personal computer that you use to access your account online.
You accept full responsibility for the monitoring and safeguarding
of your accounts. You will immediately notify GlobaLink Securities
Inc in writing, delivered via e-mail and certified/return receipt
requested U.S. Mail, if you become aware of any loss, theft or
unauthorized use of your password and account number; or any failure
by you to receive a message from us indicating that an order was
received and executed; or any failure by you to receive an accurate
written confirmation of an execution; or any receipt by you of
confirmation of an order and/or execution which you did not place;
or any inaccurate information in your account balances, securities
positions, or transaction history.
If you fail to notify GlobaLink Securities Inc immediately upon your
knowledge when any of the above conditions occur, neither GlobaLink
Securities Inc or our clearing agent, Wedbush Morgan Securities nor
any of its officers, directors, employees, agents, affiliates or
subsidiaries can or will have any responsibility or liability to you
or to any other person whose claim may arise through you for any
claims with respect to the handling, mishandling or loss of any
order.
Under no circumstances, including negligence, shall we or anyone
involved in creating, producing, delivering or managing GlobaLink
Securities Inc Online's services or our clearing agent be liable for
any direct, indirect, incidental, special or consequential damages
that result from the use of or inability to use the service, or out
of any breach of any warranty. This exclusion or limitation of
liability will not apply to the extent that any applicable statute
prohibits such exclusion or limitation of liability. To the extent
that any applicable statute applies which modifies the above, our
liability shall not include any hypothetical gains or losses, and it
is agreed that the trier of fact shall only consider the actual
acts, or lack thereof, of the parties to this agreement.
The GlobaLink Securities Inc Online Investing Service is provided on
an as is and as available service without any warranties of any
kind, either expressed or implied. YOU UNDERSTAND THAT SYSTEMS
AVAILABILITY AND RESPONSE TIME, AS WELL AS TRADE EXECUTION AND
REPORTING TIMES, MAY VARY DUE TO MARKET CONDITIONS, SYSTEM
PERFORMANCE, AND OTHER FACTORS. SHOULD ONE OF THESE ORDER ENTRY
METHODS BECOME UNAVAILABLE, YOU WILL CONTACT YOUR INVESTMENT
EXECUTIVE OR THEIR OFFICE TO CONDUCT BUSINESS. The receipt of
instructions by a GlobaLink Securities Inc representative or
automated system does not constitute acceptance of your order by
GlobaLink Securities Inc or our clearing agent. In all instances,
and at GlobaLink Securities Incs sole and absolute discretion, all
orders received by GlobaLink Securities Inc may be subject to
further review and the final approval of GlobaLink Securities Inc.
You understand that receipt of an order reference number does not
constitute acceptance or confirmation of your order. You understand
that GlobaLink Securities Inc will not make any determination
regarding the suitability of any order entered for your account. You
affirm that you will not rely on any automated system or employee of
GlobaLink Securities Inc to restrict the types of orders placed in
your account and that prior acceptance or rejection of certain order
types does not guarantee future acceptance or rejection of similar
order types. You will not hold GlobaLink Securities Inc or our
clearing agent responsible for any delays in accepting your orders
to buy or sell securities resulting from the need to obtain further
review and the final approval of GlobaLink Securities Inc before a
particular order may be accepted, technology delays and/or market
volume and volatility.
You understand that GlobaLink Securities Inc reserves the right, at
its sole discretion and without prior notice to you, to limit and
restrict the types of orders that it will accept from you. For
instance, under certain circumstances, GlobaLink Securities Inc may
decline to accept Good Until Canceled Orders (GTC) and Stop Orders
entirely. Further, under emergency or volatile conditions, GlobaLink
Securities Inc retains the right to, at its sole discretion and
without prior notice, prioritize the entry of orders, for instance
giving market orders precedence over limit orders. You understand
that placing a market order for a particular security may result in
an execution at prices significantly different than the market price
quoted at the time of entry. Further, you understand that, although
limit orders do not guarantee execution of your order, you can
reduce the potential for receiving an execution at unexpected prices
by using limit orders. Orders for the purchase or sale of securities
will not be entered all or none unless specifically requested by
you. Unless you specify all or none, you are fully liable for
partial executions. GlobaLink Securities Inc does not accept orders
requested in writing, facsimile transmission or electronic mail.
YOU UNDERSTAND THAT IT IS INCUMBENT UPON YOU TO MONITOR THE STATUS
OF YOUR ORDERS AT ALL TIMES, GTC or otherwise. At your request, as a
courtesy GlobaLink Securities Inc will make an attempt to notify you
of the execution of your order via an automated system. The
inability of GlobaLink Securities Inc to contact you via automated
notification does not remove the obligation upon you to make payment
by settlement date. Again, YOU UNDERSTAND THAT YOU MUST MONITOR THE
STATUS OF YOUR ORDERS AT ALL TIMES. GlobaLink Securities Inc will
not be held responsible for losses, financial or otherwise,
resulting from your failure to advise GlobaLink Securities Inc that
a prior unexecuted open order is being canceled or changed.
GlobaLink Securities Inc will not be held responsible for cancel
requests resulting in "too late to cancel." GlobaLink Securities Inc
will not be responsible for orders canceled by an exchange, market,
or other execution center.
Market Data.
You understand that each participating national securities exchange
or association asserts a proprietary interest in all of the market
data it furnishes to the parties that disseminate the data. You also
understand that neither any participating national securities
exchange or association nor any supplier of market data guarantees
the timeliness, sequence, accuracy or completeness of market data or
any other market information, or messages disseminated by any party.
Neither GlobaLink Securities Inc nor any disseminating party shall
be liable in any way, and you agree to indemnify and hold harmless
GlobaLink Securities Inc and our clearing agent, and such
disseminating party, for any inaccuracy, error, or delay in, or
omission of any such data, information, or message or the
transmission or delivery of any such data, information, or message;
or any loss or damage arising from or occasioned by any such
inaccuracy, error, delay, or omission, non-performance, or
interruption of any such data, information, or message, due either
to any negligent act or omission by GlobaLink Securities Inc or any
disseminating party or to any extraordinary conditions (i.e., flood,
extraordinary weather conditions, earthquake, or other act of God,
fire, war, insurrection, riot, labor dispute, accident, action of
government, communications, power failure or equipment or software
malfunction) or any other cause beyond the reasonable control of
GlobaLink Securities Inc or any disseminating party. You understand
that the terms of this Agreement may be enforced directly against
you by the national securities exchanges and associations providing
market data. You shall use quotes only for your individual use and
shall not furnish such data to any other person or entity.
Requests for Cancellations; Late and Corrected
Reports
GlobaLink Securities Inc cannot guarantee the cancellation of
orders. Cancellations made during market hours will only be
attempted if matched up with the corresponding order prior to
GlobaLink Securities Inc having received an execution report.
Cancellations of market orders during market hours are rarely
possible.
Do not assume that an order has been executed until you receive
confirmation of execution by GlobaLink Securities Inc. Please note
that on occasion, GlobaLink Securities Inc receives late reports
from exchanges and market makers of the status of transactions and
that GlobaLink Securities Inc will forward reports as they are
available and will correct posting of trades that were previously
unreported to you or reported as cancelled, expired, or executed.
GlobaLink Securities Inc, upon receipt of a correction of an
erroneous execution report from a market center, may change your
execution price to the correct execution price.
Extraordinary Events; Technical Malfunction
You specifically agree to hold GlobaLink Securities Inc and our
clearing agent harmless from any and all claims, and agree that
GlobaLink Securities Inc and our clearing agent shall not be liable
for any loss, actual or perceived, caused directly or indirectly by
government restriction, exchange or market regulation, suspension of
trading, war, strike, equipment failure, communication line failure,
system failure, security failure on the Internet, unauthorized
access, theft, or any problem, technological or otherwise, that
might prevent you from entering, or from GlobaLink Securities Inc
executing an order, or other conditions beyond our control. You
further agree and understand that you will not be compensated by
GlobaLink Securities Inc for "lost opportunity," e.g., you were
unable to enter an order due to technical difficulties and the stock
you wished to purchase increased in value. Furthermore, in a
technical environment, should an error occur with respect to the
tracking of any account holding or order entry, GlobaLink Securities
Inc reserves the right to correct the transaction or position at its
sole discretion, if you do not immediately notify GlobaLink
Securities Inc of the discrepancy. It is your responsibility to
ensure account correctness and accuracy and to contact GlobaLink
Securities Inc immediately with any discrepancies.
Severability
If any provision of this agreement is held to be unenforceable, the
remaining provisions will remain in effect.
Investing Online
You understand that entering orders through GlobaLink Securities Inc
Online Investing service does not guarantee execution of orders and
GlobaLink Securities Inc its affiliates, subsidiaries and employees
will not be held liable for orders that do not get executed. You
understand that GlobaLink Securities Inc, the exchanges and other
market centers have the right to break or correct any executed
transaction when the trade is "clearly erroneous". You agree that
GlobaLink Securities Inc may use its discretion in selecting the
market in which to route your orders.
You agree that all online orders entered by you are unsolicited and
based upon your investment decisions. You are solely responsible for
orders entered online and will not hold GlobaLink Securities Inc its
affiliates, subsidiaries or employees liable for investment
decisions made. GlobaLink Securities Inc will not recognize the
receipt of any order electronically transmitted by you until we have
actual knowledge of such order.
Payment for Order Flow Policy
At this time GlobaLink Securities, Inc. (GlobaLink), does not accept
any Payment/Compensation for Directing Order Flow.
PLEASE PRINT THIS AGREEMENT AND CAREFULLY REVIEW BEFORE ACCEPTING.
For answers to other questions regarding GLOBALINK SECURITIES,
INC.'s Privacy Policy, please email email@globalinkusa.com or call
1-888-388-9788.
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