Exhibit 10.01(d)
MAN FINANCIAL INC
CUSTOMER AGREEMENT
This agreement ("Agreement") sets forth the terms and conditions under which we,
Man Financial Inc, will open and maintain one or more accounts (collectively,
the "account") in your name and on your behalf and otherwise transact business
with you. If this account has been introduced to us, all references to us in
this Agreement shall include your broker, and your broker shall enjoy all
benefits and rights here under.
1. PARTIES.
You agree that the parties to this Agreement shall consist of us and you. If
this is a joint account (including a community property account), the term "you"
refers to each account holder. Except as disclosed in writing to us, no person
other than you has any interest in the account. If this is a joint account, each
account holder has full authority to act on behalf of the account and you
authorize us to follow the instructions of any account holder as if such person
were the sole account holder. All obligations arising hereunder are joint and
several and may be enforced by us against any or all account holders.
Notwithstanding the foregoing, we may require joint action by all account
holders with respect to any matter concerning the account, including the giving
or cancellation of orders, and the withdrawal of monies, securities or other
property. In the event of the death of either or any of the joint account
holders, the surviving joint account holder(s) shall immediately give us written
notice thereof, and we m a y, before or after receiving such notice, take such
action, require such papers and inheritance or estate tax waivers, retain such
portion of and/or restrict transactions in the account as we may deem advisable.
The surviving joint account holder(s) and the estate of the deceased joint
account holder shall be jointly and severally liable to us for any net debit
balance or loss in the account in any way resulting from transactions initiated
prior to the receipt by us of the written notice of the death or incurred in the
liquidation of the account or the adjustment of the interests of the respective
parties.
Laws governing joint ownership of property vary from jurisdiction to
jurisdiction. Generally, however, for joint tenants with rights of survivorship,
in the event of the death of either tenant, the entire interest in the joint
account shall be vested in the surviving joint tenant(s) on the same terms and
conditions. For tenants in common, the interest in the tenancy shall be equal
unless specified and in the event of death of either tenant, the interest in
their share of the tenancy shall vest in the decedent's legal representative.
State laws regulating community property vary. Consult your own legal adviser.
2. APPLICABLE LAW AND REGULATIONS; MARKETS.
All transactions shall be subject to all applicable law and the rules and
regulations of all federal, state and self-regulatory agencies including, but
not limited to, the Board of Governors of the Federal Reserve System and the
constitution, rules and customs of the exchange or market (and clearing house)
where executed. Unless you provide us with specific instructions, we may use our
discretion in selecting the market in which to place your orders.
3. DEPOSITS ON TRANSACTIONS.
You agree to maintain, without demand from us, such margin, cash or other
acceptable collateral as we in our discretion require from time to time and you
agree to pay on demand any debit balances in your account. You will make
deposits of such margin or collateral immediately upon our request. You will
provide us with any information we may require for immediate confirmation of
wire transfers.
4. SECURITY INTEREST AND LIEN.
As security for the payment of all of your obligations and liabilities to us or
any of our affiliates through whom you conduct business, we shall have a
continuing security interest in all property in which you have an interest held
by or through us or any of our affiliates including, but not limited to,
securities, futures contracts, cash commodities, commercial paper, monies, any a
f t e r-acquired property and all rights you may have against us or any of our
affiliates. In addition, in order to satisfy any such outstanding liabilities or
obligations, we may, at any time and without prior notice to you, use, apply or
transfer any of such securities or property interchangeably (including cash and
fully-paid securities). In the event of a breach or default under this Agreement
or any other agreement you may have with us or any of our affiliates, we shall
have all rights and remedies available to a secured creditor under any
applicable law in addition to the rights and remedies provided herein.
5. DEFAULT.
Should we deem it desirable for our protection, or should we feel insecure, or
should you be in breach of or violate any of the terms of this Agreement, we are
authorized to declare (and without the necessity of a call for additional
capital) you in default under this and any other agreement you may then have
with us or our affiliates, whether heretofore or hereafter entered into. In the
event of default, each of us and our affiliates reserves the right to sell,
without prior notice to you, any and all property in which you have an interest
held by or through us or our affiliates, to buy any or all property which may
have been sold short, to cancel any or all outstanding transactions and/or to
purchase or sell any other property to offset market risk, and to offset any
indebtedness or position you may have, including by means of an exchange for
physicals transaction, after which you shall be liable to us, for any remaining
deficiencies, losses, costs or expenses sustained by us in connection therewith.
Such purchases and/or sales may be effected publicly or privately without notice
or advertisement in such manner as we may in our sole discretion determine. At
any such sale or purchase, we may purchase or
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sell the property free of any right of redemption. In addition, we shall have
the right to set off and apply any amount owing from our affiliates to you
against any indebtedness in your account, whether matured or unmatured. You are
unconditionally obligated to pay to us the amount of any debit balance in your
account, however incurred, at the lesser of the highest rate permitted by
applicable law or two percent above the current prime rate as announced from
time to time by the banking institutions with which we normally do business.
6. FEES AND CHARGES.
You understand that we will charge commissions and other fees for clearing,
execution, custody, storage, delivery or any other service furnished to you and
you agree to pay such commissions, fees and interest on monies owed to us at our
then-prevailing rates. You understand further that such commissions, fees and
interest rates may be changed from time to time. You will also be charged a fee
for positions transferred to another broker. We may receive remuneration for
directing orders to a particular broker or dealer or market center for
execution. Such remuneration is considered compensation to us. We may pay a
portion of fees and commissions charged to your Account to third-parties that
have introduced your account to us or serviced your account. You understand that
we or an affiliate may act as principal in certain transactions with you,
including but not limited to, cash market transactions, forward contracts, or
exchanges of physicals for futures ("EFPs").
7. MAKING DELIVERY; LIQUIDATION INSTRUCTIONS.
You agree to give us timely notice if you intend to make or take delivery under
a contract or to exercise any option contract. If so requested by us, you shall
satisfy us that you can fulfill your obligations to make or take delivery and
shall furnish us with property deliverable by you under any contract in
accordance with our directions. We shall not have any obligation to exercise any
long option contract unless you have furnished us with timely exercise
instructions and sufficient initial margin with respect to each underlying
contract. If we sell any property at your direction and you fail for any reasons
to supply us with such property, we may (but shall not be obligated to) borrow
or buy for you any property necessary to make such delivery. Under no
circumstances shall we be obliged to make any payment or delivery to you except
against receipt of payment or delivery by you of monies or other property
requested by us. You shall be responsible for providing insurance coverage for
any deliveries made or accepted by you. We do not provide any insurance
coverage. If you do not provide insurance coverage, you agree to bear the risk
of loss.
8. CONSENT TO LOAN OR PLEDGE.
Within the limits of applicable law and regulations, you hereby authorize us to
lend either to ourselves or to others any securities or other property held by
us in your margin account together with all attendant rights of ownership, and
to use all such property as collateral for our general loans. Any such property,
together with all attendant rights of ownership, may be pledged, repledged,
hypothecated or rehypothecated either separately or in common with other such
property for any amounts due to us thereon or for a greater sum, and we shall
have no obligation to retain a like amount of similar property in our possession
and control.
9. REPORTS.
Reports of execution of orders sent by us to you shall be binding and conclusive
on you unless, in the case of a verbal report, you object at the time the report
is received by you or your agent; and in the case of a written report, you
object in writing prior to the opening of trading on the business day following
the day you have received the report. In addition, if after you have placed an
order with us and have not received a written or verbal confirmation thereof in
accordance with our practice, you immediately shall notify us thereof. If you
fail to notify us as set forth in this section, you agree that you shall be
deemed estopped to object and to have waived any objection to our execution or
failure to execute any transaction. Nothing contained in this section, however,
shall bind us with respect to any transaction or price reported (whether verbal
or in writing) in error, or prevent us, upon discovery of any error or omission,
from correcting the error or omission, and putting the account in the same
position it would have been in if the error or omission had not occurred.
10. WAIVER, ASSIGNMENT AND NOTICES.
Neither our failure to insist at any time upon strict compliance with this
Agreement or with any of the terms hereof nor any continued course of such
conduct on our part shall constitute or be considered a waiver by us of any of
our rights or privileges hereunder. We may assign this Agreement and your
account upon notice to you. Any assignment of your rights and obligations
hereunder or interest in any property held by or through us without obtaining
the prior written consent of an authorized representative of ours shall be null
and void. Notices or other communications, including margin calls, delivered or
mailed, including by facsimile or electronic transmission, to the address
provided by you, shall, until we have received notice in writing of a different
address, be deemed to have been personally delivered to you.
11. CLEARANCE ACCOUNTS.
If your account has been introduced to us by another broke r, that broker is
acting as your agent and your broker in this relationship is not an agent of or
affiliated with us. You agree that your broker and its employees are third-party
beneficiaries of this Agreement. Unless we receive from you prior written notice
to the contrary, we may accept from such other broke r, without any inquiry or
investigation: (a) orders for the purchase or sale of securities and other
property in your account on margin or otherwise; and (b) any other instructions
concerning your account or the property therein. YOU UNDERSTAND AND AGREE THAT
OUR ROLE IS LIMITED TO EXECUTION, CLEARING AND BOOKKEEPING FOR TRANSACTIONS MADE
PURSUANT TO INSTRUCTIONS FROM YOU OR YOUR BROKER, AND WE GENERALLY WILL NOT
INQUIRE INTO THE CIRCUMSTANCES SURROUNDING ANY TRANSACTION FOR YOUR ACCOUNT. WE
ARE NOT
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RESPONSIBLE FOR ANY ACTS OR OMISSIONS OF YOUR BROKE R, INCLUDING, BUT NOT
LIMITED TO, SALES PRACTICES, TRADING PRACTICES OR RECOMMENDATIONS. YOU AGREE TO
LOOK SOLELY TO YOUR BROKER FOR REDRESS OF ANY LOSS OR DAMAGE ARISING OUT OF
CIRCUMSTANCES OTHER THAN OUR OWN GROSS NEGLIGENCE OR WILLFUL MISCONDUCT IN THE
EXECUTION, CLEARANCE OR BOOKKEEPING OF TRANSACTIONS FOR YOUR ACCOUNT. YOU
UNDERSTAND AND AGREE THAT WE WILL PAY A SUBSTANTIAL PORTION OF THE BROKERAGE
COMMISSIONS CHARGED TO YOUR ACCOUNT IN CONSIDERATION OF INTRODUCING AND
SERVICING YOUR ACCOUNT.
12. INDEMNIFICATION; COSTS OF COLLECTION.
You agree to indemnify and hold harmless each of us, our affiliates and our
respective shareholders, directors, officers, employees and agents from and
against any liability, damage, cost or expense (including, without limitation,
legal fees and expenses, amounts paid in settlement of any claims, interest and
any fines or penalties imposed by any exchange, self-regulatory organization or
governmental agency) any of them may incur or be subjected to with respect to
you or your Account or any transaction or position therein, or as a result of
your violation of any of your representations, agreements or obligations under
this Agreement. You agree to pay and authorize us to charge you for any direct
or indirect costs of collection, defense and enforcing any of our rights under
this Agreement including, but not limited to, interest, legal fees, court costs
and other expenses.
13. FREE CREDIT BALANCES; TRANSFER ARRANGEMENTS.
You hereby direct us to use any free credit balance in your account in
accordance with all applicable rules and regulations and you authorize us, in
our discretion, to transfer any free credit balances and cash in your account
daily to a non-regulated account.
14. RESTRICTIONS.
You understand that we may restrict or prohibit trading in, or close, your
account.
15. CREDIT INFORMATION AND INVESTIGATION.
You authorize us and, if applicable, your broker, in our or their discretion, to
make and obtain reports concerning your credit standing and business conduct.
16. LEGALLY BINDING.
This Agreement shall be binding upon the parties hereto and their respective
successors and assigns and supersedes any prior agreements between the parties
with respect to the subject matter hereof. You further agree that all purchases
and sales shall be exclusively for your account in accordance with your oral or
written instructions. You hereby waive any and all defenses that any such
instruction was not in writing as may be required by the statute of frauds or
any similar law, rule or regulation.
17. AMENDMENT.
You agree that we may modify the terms of this Agreement at any time upon prior
written notice to you. By continuing to accept services from us, you will have
indicated your acceptance of any such modification. If you do not accept any
such modification, you must notify us thereof in writing and your account may
then be terminated, but you will still be liable thereafter to us for all
remaining liabilities and obligations. Otherwise, this Agreement may not be
waived or modified absent a written instrument signed by an authorized
representative of ours. No oral agreements or instructions purporting to amend
this Agreement will be recognized or enforceable.
18. SEVERABILITY.
If any provision hereof is or should become or be deemed to be inconsistent with
any present or future law, rule or regulation of any court, arbitral body,
sovereign government or regulatory body having jurisdiction over the subject
matter of this Agreement, such provision shall be deemed to be rescinded or
modified in accordance with any such law, rule or regulation. In all other
respects, this Agreement shall continue to remain in full force and effect.
19. LIMITATION OF LIABILITY.
You shall have no claim against us or any of our affiliates for any loss,
damage, liability, cost, charge, expense, penalty, fine or tax caused directly
or indirectly by: (A) any law, regulation, rule or order; (B) suspension, or
termination of trading; (C) w a r, civil or labor disturbance; (D) any delays or
inaccuracies in the transmission or reporting of orders or other information due
to a breakdown or failure of any transmission or communication facilities for
any reason; (E) failure or delay for any reason of any broker, bank, depository
or custodian to fulfill its obligations or to pay in full any amounts owed to
us; (F) failure or delay by any entity which, consistent with applicable
regulations, is holding customer segregated funds, securities or other property,
to pay or deliver same to us; or (G) any other causes beyond our control.
We will execute your transactions solely as your agent. In executing
transactions on an exchange, we may use floor brokers (who may be our employees
or other agents of ours), but we will not be responsible to you for negligence
or misconduct of an independent floor broker if, at the time the floor broker
was selected, the floor broker was authorized to act as such under the rules of
the relevant exchange and the appropriate regulatory agency. We will not be
responsible to you in the event of error, failure, negligence or misconduct on
the part of any intermediary, commodity trading advisor or other person acting
on your behalf and, without limitation, we have no obligation to investigate the
facts surrounding any transaction in your Account(s) which is introduced by such
intermediary, commodity trading advisor or other person. You will indemnify us
and hold us harmless from and against any and all liabilities, penalties, losses
and expenses, including legal expenses and attorneys' fees, incurred by us as a
result of any error, failure, negligence or misconduct on the part of any
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such intermediary, commodity trading advisor or other person acting on your
behalf. We shall only be liable for actions or inactions by us which amount to
gross negligence or fraud. You also agree that we shall not be liable to you for
any losses, costs, expenses or other damages sustained by you in the event of
any failure or delay by any exchange, market, clearing house, bank or other
depository institution where any of your funds or other assets are maintained,
or a failure or delay by any member, bank or agent of any of the foregoing, or a
failure or delay by any of the foregoing to enforce its rules, to fulfill its
obligations or to make any payment, for any reason whatsoever. You waive any
claim, cause of action or right as against us, our employees or agents that may
arise or occur as a result thereof.
20. TELEPHONE CONVERSATIONS.
For the protection of both you and us, and as a way of correcting
misunderstandings, you hereby authorize us, at our discretion and without prior
notice to you, to monitor and/or record (with or without tone warning devices)
any or all telephone conversations between you and any of our employees or
agents.
21. ADDITIONAL RIGHTS AND REMEDIES.
The rights and remedies granted herein to us are in addition to any other rights
and remedies provided to us in any other agreement you may have with us, and you
hereby appoint us as your agent to take any action necessary to perfect
ourselves with respect to the security interest granted to us in this Agreement.
22. AUTHORITY.
You represent that this Agreement has been duly authorized and executed by you
and that you have full power and authority to trade futures, physical
commodities, currencies, securities and options on the foregoing and related
instruments. By signing this Agreement on behalf of an entity, you represent
that the entity on whose behalf you are acting is authorized to enter into this
Agreement and that you are duly authorized to sign this Agreement in its name.
23. CUSTOMER'S REPRESENTATIONS AND WARRANTIES.
You represent to us that all information supplied by you in connection with the
opening of your account, including the Customer Account Application, is accurate
and complete, and that we are legally entitled to rely on such information, and
you agree to report promptly to us any material change in such information. You
represent to us that you have read and understand all risk disclosure statements
that we have provided to you, and understand that all transactions effected for
your account are at your risk, and that you are solely liable therefor under all
circumstances. You acknowledge that futures trading is only suitable for persons
who are financially able to withstand losses. Such losses may substantially
exceed margins or other funds you have deposited with us. You agree to inform us
immediately if you cease to be willing or financially able to sustain such
losses.
24. PENSION ACCOUNTS.
If you are a Keogh Plan, Pension and Profit Sharing Trust, or other employee
benefit plan as defined by Section 3(3) of the Employee Retirement Income
Security Act (Collectively a "Plan"; "ERISA"), the undersigned trustee
("Trustee") acknowledges that the establishment of the account and all
transactions executed through the account are subject to certain restrictions
under Section 404(a) of ERISA, including the requirement that such transactions
be prudent, that the investments be diversified, and that there are certain
transactions which the Plan is prohibited from entering into under Section 406
of ERISA and Section 4975 of the Internal Revenue Code ("Code"), regardless of
whether such transactions are prudent; and Trustee further acknowledges that
certain transactions if entered into by the Plan may result in the recognition
of taxable income under Section 511 of the Code. Trustee represents and warrants
that, with respect to each transaction to be executed through the account, the
determination as to whether such transaction complies with the standards of
Section 404(a) of ERISA, will constitute a transaction prohibited under Section
406 of ERISA, or Section 4975 of the Code, or will result in the recognition of
taxable income, will be made either by Trustee or by another person who has been
determined by Trustee to be either a fiduciary or an investment manager properly
delegated the authority to make, or to advise the Plan as to, such
determinations. Trustee understands and agrees that the individual account plan
permits participant-directed investments pursuant to Section 404(c) of ERISA. In
no event shall we have any responsibility or authority to make, or to advise the
Plan or Trustee as to, such determinations. Trustee understands and agrees that
we are neither a fiduciary nor an investment manager with respect to the Plan as
defined in Sections 3(21) and 3(38) of ERISA. Nevertheless, if, contrary to the
expectations of the parties, it is ever finally determined that we are a
fiduciary or investment manager, our responsibility and authority in acting in
such capacity shall be limited to performing our obligations as specifically set
forth herein, and Trustee represents and warrants that such allocation of
fiduciary responsibility is authorized under the instrument pursuant to which
you maintained in accordance with Section 402(c) of ERISA. By signing this
Agreement, Trustee agrees to indemnify us for any liability which may be imposed
on us including, but not limited to, Section 409 of ERISA or any tax which may
be assessed against us under Section 4975 of the Code, or any other damage or
expense which may be suffered by us by reason of your being subject to the
provisions of ERISA, including all costs and expense (including attorneys' fees)
incurred by us in defending against the foregoing. The foregoing provision shall
also apply to any federal or state fiduciary law governing the investments of
employee benefit plans which is supplementary to, or in lieu of, the specific
provisions of ERISA referred to herein.
25. CURRENCY EXCHANGE RATES.
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If any transaction is effected in a foreign currency, any profit or loss arising
as a result of a fluctuation in the exchange rate affecting such currency will
be entirely for your account and risk. All deposits shall be made in United
States currency, unless we request any such deposit in the currency of some
other country, in which case such deposit shall be made in such currency. When
any position is liquidated, we shall debit or credit your account in United
States currency at the rate of exchange determined by us in our sole discretion
on the basis of the then prevailing money rates for such foreign currency,
unless you shall have given us specific written instructions to make such debit
or credit in the foreign currency involved.
26. FUNDS ON DEPOSIT IN NON-U.S. BANKING INSTITUTIONS.
Funds of customers trading on United States contract markets may be held in
accounts denominated in a foreign currency with depositories located outside the
United States or its territories if you are domiciled in a foreign country or if
the funds are held in connection with contracts priced and settled in a foreign
currency. Such accounts are subject to the risk that events could occur which
would hinder or prevent the availability of these funds for distribution to you.
Such accounts may also be subject to foreign currency exchange rate risks.
You authorize the deposit of funds into such foreign depositories. For customers
domiciled in the United States, this authorization permits the holding of funds
in regulated accounts offshore only if such funds are used to margin, guarantee,
or secure positions in such contracts or accrue as a result of such positions.
In order to avoid the possible dilution of other customer funds, if you have
funds held outside the United States, you further agree that your claims based
on such funds will be subordinated in the unlikely event BOTH of the following
conditions are met: (1) Your futures commission merchant is placed in
receivership or bankruptcy; and (2) there are insufficient funds available for
distribution denominated in the foreign currency as to which you have a claim to
satisfy all claims against those funds.
You agree that if both of the conditions listed above occur, your claim against
our assets attributable to funds held overseas in a particular foreign currency
may be satisfied out of segregated customer funds held in accounts denominated
in dollars or other foreign currencies only after each customer whose funds are
held in dollars or in such other foreign currencies received its pro-rata
portion of such funds. You further agree that in no event may a customer whose
funds are held overseas receive more than its pro-rata share of the aggregate
pool consisting of funds held in dollars, funds held in the particular foreign
currency, and nonsegregated assets of the company.
27. CFTC REGULATIONS.
You are aware that CFTC Regulation 1.35(a-2)(2) requires you to create, retain
and produce upon the request of the CFTC, the United States Department of
Justice and the applicable exchange, documentation of cash transactions
underlying exchanges of futures for cash commodities or exchanges of futures in
connection with cash commodity transactions and, if you effect any such exchange
of futures, you will comply with Regulation 1.35 (1-2)(2). If you maintain
separate accounts in which, pursuant to CFTC Regulation 1.46(d)(6), offsetting
positions are not closed out, you understand that, if held open, offsetting long
and short positions in the separate accounts may result in the charging of
additional margins even though offsetting positions will result in no additional
market gain or loss. If you are a non-United States person, you acknowledge
that: (a) CFTC Regulation 15.05 designates us as the agent of foreign brokers,
customers of foreign brokers, and foreign traders for certain purposes; and (b)
CFTC Regulation 21.03 authorizes the CFTC to request, when unusual market
circumstances exist, certain account information from us as well as foreign
brokers and traders.
28. ONLINE SERVICES/ELECTRONIC STATEMENTS.
If we provide you with access to online brokerage service facilities, you agree
to our posted terms of use, privacy statement and service agreement and the
Electronic Order Entry & Account Access Agreement as if the same were set forth
in this Agreement. We do not guarantee access to your account at all times, nor
do we guarantee the receipt, acceptance and entry of any order transmitted to us
electronically. You further agree that any market data or information provided
to you will not be broadcast, retransmitted or commercially exploited and you
acknowledge that exchanges and markets have a proprietary interest in this data
and information. If you have agreed to the electronic transmission of
information, you understand that we do not guarantee delivery.
29. GOVERNING LAW; JURISDICTION AND VENUE; SERVICE OF PROCESS; LIMITATION ON
ACTIONS; WAIVER OF JURY TRIAL.
In order to induce us to accept this Agreement, and for other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, you
hereby agree to the following:
A. This Agreement is made, upon acceptance by us, in the State of Illinois, and
shall be governed by, and the rights and liabilities of the parties shall be
determined in accordance with, the laws of the State of Illinois, without regard
to any of its conflicts of laws, principles or rules, and by the laws of the
United States.
B. IF YOU HAVE NOT ENTERED INTO AN ARBITRATION AGREEMENT OR IF ARBITRATION IS
UNAVAILABLE, ALL ACTIONS OR PROCEEDINGS, WHETHER INITIATED BY YOU OR US, WITH
RESPECT TO ANY CONTROVERSY ARISING OUT OF OR RELATED TO THIS AGREEMENT, SHALL BE
LITIGATED ONLY IN COURTS WHOSE SITUS IS IN THE STATE OF ILLINOIS. YOU HEREBY
SUBMIT TO THE JURISDICTION OF THE UNITED STATES DISTRICT COURT OF THE NORTHERN
DISTRICT OF ILLINOIS, EASTERN DIVISION, AND ANY OTHER COURT OF COMPETENT
JURISDICTION WHOSE SITUS IS IN CHICAGO, ILLINOIS. IF YOU BRING ANY ARBITRATION
(INCLUDING, BUT
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NOT LIMITED TO, NFA ARBITRATIONS), ADMINISTRATIVE OR REPARATIONS PROCEEDINGS
AGAINST US, YOU HEREBY AUTHORIZE AND DIRECT SUCH ARBITRATORS, ADMINISTRATIVE LAW
JUDGES, OR JUDGMENT OFFICERS TO HOLD ANY SUCH PROCEEDINGS IN CHICAGO, ILLINOIS.
YOU HEREBY WAIVE ANY RIGHT YOU MAY HAVE TO TRANSFER OR CHANGE THE VENUE OF ANY
LITIGATION YOU MAY BRING AGAINST US, OR THAT SUCH LITIGATION IS BROUGHT IN AN
INCONVENIENT FORUM OR THAT FORUM IS IMPROPER.
C. You agree to accept court service of process by registered or certified mail
addressed to you at the address you provided in your customer application, or to
such other addresses as you have supplied to us in writing, and such service
shall constitute personal service of process.
D. No judicial, administrative, arbitration or reparations proceeding may be
commenced by you or us more than one (1) year after any claim arises, directly
or indirectly, out of this Agreement or the transactions contemplated thereby.
You hereby waive any statutes of limitation, including, but not limited to, the
Commodity Exchange Act's and the National Futures Association's two (2) year
limitation on actions.
E. You hereby waive any right you may have to a trial by jury.
30. HEADINGS.
The headings of the provisions hereof are for descriptive purposes only and
shall not modify or qualify any of the rights or obligations set forth in such
provisions.
CUSTOMER AGREEMENT
I ACKNOWLEDGE THAT THIS IS A CONTRACTUAL AGREEMENT. I HAVE READ IT CAREFULLY
AND, BY SIGNING, I AGREE TO BE BOUND BY EVERY TERM AND CONDITION, INCLUDING THE
CONSENTS RELATING TO JURISDICTION, VENUE, SERVICE AND LIMITATIONS ON ACTIONS SET
FORTH IN PARAGRAPH 29. NO MODIFICATION OF THIS AGREEMENT IS VALID UNLESS
ACCEPTED BY US IN WRITING AS PROVIDED IN PARAGRAPH 17. [I CONFIRM THAT I HAVE
DOWNLOADED A FULL SET OF ACCOUNT DOCUMENTS FROM YOUR WEBSITE AND I HAVE NOT MADE
ANY ALTERATIONS OR DELETIONS TO THIS AGREEMENT OR ANY SUCH DOCUMENTS FROM THE
ORIGINAL FORMS POSTED ON THE WEBSITE. IN THE EVENT THAT THERE ARE ANY
ALTERATIONS OR DELETIONS TO THIS AGREEMENT OR ANY SUCH DOCUMENTS, SUCH
ALTERATIONS AND DELETIONS SHALL NOT BE BINDING ON YOU AND SAID ORIGINAL FORMS
SHALL GOVERN MY ACCOUNT RELATIONSHIP WITH YOU.]
Signature of Customer _______________________ Title ___________________ Date__________________________
Signature of Customer _______________________ Title ___________________ Date__________________________
Signature of Customer _______________________ Title ___________________ Date__________________________
Signature of Customer _______________________ Title ___________________ Date__________________________
IF A PARTNERSHIP ACCOUNT, EACH GENERAL PARTNER MUST SIGN; IF A CORPORATE
ACCOUNT, AN AUTHORIZED OFFICER MUST SIGN; IF AN L.L.C. ACCOUNT, EACH MANAGING
MEMBER MUST SIGN; IF A TRUST ACCOUNT, EACH TRUSTEE MUST SIGN.
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