| Please read this Online Brokerage Agreement before using any of the Electronic Services made available by Trading Direct a Division of York Securities. By using these services, you agree to be bound by the following terms and conditions. |
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1. I agree as follows with respect to the Account, which I have established with you for the purchase, sale or carrying of securities or contracts relating
thereto and/or the borrowing of funds.
2. I am of legal age and no one except the signatories of the Account has any interest in the Account. 3. All transactions for my Account shall be subject to the constitution, rules, regulations, customs and usages of the exchange or market (and it's clearinghouse, if any) where executed. 4. I agree that, in giving orders to sell, all "short" sale orders will be designated as "short" and all "long" sale orders will be designated as "long" and that the designation of a sell order as "long" is a representation on my part that I own the security and, if the security is not in your possession or if it is then impracticable to deliver the security to you forthwith, that I will deliver it as soon as possible. 5. Reports of the execution of orders and statements of my account shall be conclusive if not objected to within five days and ten days, respectively, after transmittal to me by mail or otherwise. 6. At any time and from time to time you may, at your discretion, without notice to me, apply and/or transfer any securities, commodities, contracts relating thereto, or any other property or equity therein, interchangeably between any of my accounts, whether individual or joint, and from any of my accounts to any account guaranteed by me. 7. In consideration of your sending any mail to me in care of a Post Office Box Address or a third party, I hereby agree that "all correspondence of any nature whatsoever" sent to me in such address will have the same force and effect as if it had been delivered to me personally. I have listed my permanent address on the New Account Application. 8. To help the government fight the funding of terrorism and money laundering, Federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an account. In order to open an account, I will provide information that will allow you to identify me including, but not limited to, my name, address, date of birth, and my driver's license or other identifying documents. 9. This agreement contains a pre dispute arbitration clause. By signing an arbitration agreement the parties agree as follows: 10. Investment Objective Definitions: Capital Preservation - a conservative investment strategy characterized by a desire to avoid risk of loss; Income - strategy focused on current income rather than capital appreciation; Growth - investing in stocks with strong earnings and/or revenue growth or potential; Speculation - taking larger risks, usually by frequent trading, with hope of higher than-average gain. All strategies involve various types and levels of risk, the most common of which are market, credit, inflation, business and interest rate. 11. This agreement shall inure to the benefit of you and your clearing firm's successors and assigns, shall be binding on the undersigned, his heirs, executors, administrators and assigns and shall be governed by the laws of the State of New York, without reference to its choice of law doctrine. I may not assign my rights or delegate my obligations under this agreement, in whole or in part, without your prior written consent. I understand that if any term of this agreement is found to be invalid or unenforceable, all other provisions will remain in force. This agreement may be amended upon written notice from you. I agree that your failure to insist on strict compliance with this agreement is not considered a waiver of your rights under this agreement. At your discretion, you may terminate this agreement at any time on notice to me. I understand, however, that I will continue to be responsible for any obligation incurred by me prior to termination. 12. I understand you have the right to request a deposit or delivery of securities before executing a securities transaction. You have the right to refuse to execute securities transactions for me at any time and for any reason. I understand and agree that securities I purchase will be paid in full by the settlement date. I understand that you will have a general lien against my assets held by you for the discharge of my obligations to you. For any securities transactions not settled by the settlement date, you shall have the right, with or without demand or notice to me, to sell securities purchased by public or private sale or purchase those securities with or without advertisement. I grant you the right of set-off. I agree to satisfy, upon demand, any indebtedness to you, including any interest, commission charges, and fees. I further agree to pay any loss, cost, and expense you may incur, including reasonable attorney's fees, (i) to collect any amount I owe you for failure to settle any securities transactions properly and for any other reason and (ii) to reimburse you if you become party to any action arising out of my securities transactions. I understand that, because of circumstances beyond a broker-dealer's control, its customers' voting rights in securities they have recently purchased may be impaired or denied. For example, if the stock your customers have recently purchased has not yet been received from the seller(s), then the customers' votes might be disregarded or discounted until you receive their shares. 13. I understand that you have entered into a fully disclosed clearing agreement with Penson Financial Services, Inc. ("Clearing Firm") pursuant to which Clearing Firm may perform certain transaction processing, clearing, custodial, and financing functions for you with respect to the Account. I understand that Clearing Firm does not control, audit, or otherwise supervise your activities, does not verify information I provide to you regarding the Account or transactions processed for the Account, and does not undertake responsibility for reviewing the appropriateness of transactions entered by you on my behalf. I agree that you are not an agent of Clearing Firm, that Clearing Firm is not your agent, and that I will in no way hold Clearing Firm, or its officers, directors, employees and agents liable for any trading losses that I may incur. I agree that Clearing Firm is a beneficiary of my representations, warranties, acknowledgments, and covenants in this agreement (including, without limitation, my authorizations, indemnifications, waivers, and releases) to the same extent as if they were made directly by me to Clearing Firm. And I agree that Clearing Firm, in its own name and for its own benefit, shall be entitled to exercise and enforce directly against me such provisions and all other rights granted to you. 14. Joint Account Holders: If there is more than one account holder, each account holder is jointly and severally liable for obligations arising under this agreement. Each joint account holder, acting alone and without notice to any other account holder, has the authority to deal with us fully and completely. We will follow the instructions of any joint account holder and we will not be responsible for determining the purpose or propriety of any instruction received from any joint account holder. We reserve the right to acquire written instructions from all account holders, at our discretion. Any notice sent to one account holder will be deemed to be notice to all account holders. 15. I authorize Penson Financial Services to obtain a consumer report at the time of application to verify my creditworthiness and to obtain a consumer report from time to time for updates, renewals, extensions, and collection activity on any approved account. Penson Financial Services will disclose to me whether it obtained a report, and if so, the name and address of the consumer-reporting agency that provided it. In the event that my account is denied, as a result of the consumer report verification, I authorize Penson Financial Services to provide to my introducing broker the reason(s) for such denial. 16. In order to protect against identity theft and fraudulent activity in my account, I agree to be responsible for the protection of my user name and password. My broker, Trading Direct, a division of York Securities, Inc, will not be held responsible for any liability resulting from identity theft or fraudulent activity in my account. 17. I understand and acknowledge that: a. Penny stocks (any equity security in which the bid and ask price of the security is less than $5 a share) are generally considered high-risk investments and should be purchased purely for speculation. b. The purchase of penny stocks may involve significant risks, including the loss of my entire investment. c. Penny stocks may trade infrequently. d. A market and/or a price may be unavailable when I wish to sell penny stocks and I could lose my entire investment. e. Even minimum commission costs for this transaction may result in a significant adverse effect to the return on my investment. f. I attest that any order I place that was not solicited directly or indirectly by you and any security selection is solely my decision. Electronic Services Agreement:
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| You may print off a copy of this agreement for your records or access it at any time from the Documents section of the website. |
| GeneralDisclosure: |
| As a deep discount broker, Trading Direct, a division of York Securities, Inc., does not render advice to security selection, nor give tax or legal advice. Trading Direct offers investment information and research from Independent Third Party Vendors believed to be reliable. This investment information and research is provided for general information only and is not to be construed as an offer to sell or a solicitation of an offer to buy any investment security by Trading Direct. These independent third party vendors may render any opinions or recommendations they desire. Trading Direct, a division of York Securities Inc. does not make any warranties or guarantees in any way with regard to this research or investment information. TRADING DIRECT, A DIVISION OF YORK SECURITIES INC. GIVES NO EXPRESS OR IMPLIED WARRANTIES (INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE) WITH RESPECT TO THE INFORMATION. Neither Trading Direct, a division of York Securities Inc., nor any independent provider/transmitter of Information shall be liable in any way, and you agree to indemnify and hold harmless Trading Direct and the independent providers/transmitters for (1) any inaccuracy, error, or delay in, or omission of (a) any Information, or (b) the transmission or delivery of Information; (2) any loss or damage arising from or occasioned by (a) any such inaccuracy, error, delay, or omission, (b) non-performance, (c) interruption of Information due either to any negligent act or omission by Trading Direct or providers/transmitters of Information or to any "force majeure" (i.e. flood, extraordinary weather conditions, earthquake, or other acts 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 Trading Direct or the Information providers/transmitters. ELECTRONIC TRADING NOTICE During times of high market volatility and fast moving stock prices, Trading Direct clients could expect and should be aware of possible rapid price changes, execution delays, and potential access problems. As a result of possible rapid price fluctuations, stock quotes may not keep pace with the actual trading price. Therefore, clients may be at risk of receiving an execution price varying from the market price at the time the order was placed. Such delays in order execution may also occur as a result of heavy order volume in the marketplace and market imbalances. These delays can result in losses, late trade reports, and/or an execution price different from the quote displayed at the time of order entry. You must consider the type of order and your investment objectives carefully before placing an order electronically. Any decision you may make to buy, sell or hold a security, based on your research will be entirely your own and not in any way to be deemed to be endorsed, or influenced by, or attributed to Trading Direct. It is further understood that, without exception, any order based on such research that is placed with Trading Direct for execution is and will be treated as an UNRECOMMENDED, AND UNSOLICITED ORDER, to include all securities. |
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PRIVACY POLICY:
Business Continuity Plan: On April 7, 2004, the Securities and Exchange Commission approved NYSE Rule 446 "Business Continuity and Contingency Plans" which requires Trading Direct, a division of York Securities Inc. to establish and maintain a business continuity plan in the event of a business disruption. The Business Continuity Plan addresses two types of significant business disruptions (SBD), internal and external. Internal SBDs affect only our firm's ability to communicate and do business, such as a building fire. External SBDs prevent the operation of the securities markets such as a terrorist attack or wide-scale regional disruption. Our response to an external SBD relies more heavily on other organizations and systems, especially on the capabilities of our clearing firm, Penson Financial Services, Inc. Recovery-time objectives provide concrete goals to plan and test against. However, they are not hard and fast deadlines that must be met in every emergency situation, and various external factors surrounding a disruption, such as time of day, scope of disruption and status of critical infrastructure particularly telecommunications can affect the actual recovery time. York Securities, together with Penson Financial Services, anticipate recovery time and resumption time to be with in a twenty-four hour span. Trading Direct, a division of York Securities, Inc., advises all customers that the severity of a business disruption cannot be determined, and the customer should plan in advance, actions that can minimize any unwanted situations. The plan will be reviewed and modified as necessary. A copy of this plan is available upon written request. |
| Revised 11-07 |