|
General Disclosures No Investment, Tax or Trading Advice Disclosure: AGM representatives are not authorized to provide investment, tax or trading advice or to solicit orders. Nothing on AGM's website is a recommendation or solicitation to buy or sell securities, futures or other investments.
Responsibility for Customer Orders/Trades: Customer acknowledges that AGM does not know whether someone using the platforms with Customer's user name/password is Customer. Unless AGM is notified and agrees, Customer will not allow anyone to access Customer's account. Customer is responsible for the confidentiality and use of Customer's user name/password and agrees to report any theft/loss of such user name/password, or any unauthorized access to Customer's account, immediately by telephone or electronically through the AGM website. Customer remains responsible for all transactions entered using Customer's user name/password. Order Routing: Unless otherwise directed, the Clearing Firms will select the market/dealer to which to route Customer's orders. For products traded at multiple markets, the Clearing Firms may provide "Smart Routing", which seeks the best market for each order through a computerized algorithm. Customer should choose Smart Routing if available. If Customer directs orders to a particular market, Customer assumes responsibility for knowing and trading in accordance with the rules and policies of that market (e.g., trading hours, order types, etc.). The Clearing Fiirms cannot guarantee execution of every order at the best posted price: the cCearing Firms may not have access to every market/dealer; other orders may trade ahead; market centers may not honor posted prices or may re-route orders for manual handling; or market rules, decisions or system failures may prevent/delay execution of Customer's orders or cause orders not to receive the best price. Order Cancellation/Modification: Customer acknowledges that it may not be possible to cancel/modify an order and that Customer is responsible for executions notwithstanding a cancel/modify request. Order Execution: All transactions are subject to rules and policies of relevant markets and clearinghouses, and applicable laws and regulations. AGM IS NOT LIABLE FOR ANY ACTION OR DECISION OF ANY EXCHANGE, MARKET, DEALER, CLEARINGHOUSE OR REGULATOR. Cancellations: A. Customer agrees to monitor each order until he or she gets a confirmation of an execution or cancellation. Customer acknowledges that confirmations of executions or cancellations may be delayed or may be erroneous (e.g. due to computer system issues) or may be cancelled/adjusted by an exchange. Customer is bound by the actual order execution, if consistent with Customer's order. If client gets a confirmation of an execution or cancellation in error and Customer delays reporting such error, the Clearing Firms reserves the right to remove the trade from the account or require Customer to accept the trade, in Clearing Firm's discretion. B. Customer agrees to notify the clearing firm immediately by telephone or electronically through the clearing firm website if: i) Customer fails to receive an accurate confirmation of an execution or cancellation; ii) Customer receives a confirmation that is different than Customer's order; iii) Customer receives a confirmation for an order that Customer did not place; or iv) Customer receives an account statement, confirmation, or other information reflecting inaccurate orders, trades, balances, positions, margin status, or transaction history. Customer acknowledges that AGM may adjust Customer's account to correct any error. Customer agrees to promptly return to AGM any assets erroneously distributed to Customer. Clearing Firm Will Not Issue Margin Calls: The Clearing Firm does not have to notify Customer of any failure to meet Margin Requirements prior to the Clearing Firm exercising its rights under this Agreement. Customer acknowledges that the Claeraing Firm generally will not issue margin calls; generally will not credit Customer's account to meet intraday or overnight margin deficiencies; and is authorized to liquidate account positions in order to satisfy Margin Requirements without prior notice. Suspicious Activity: If the Clearing Firm in its sole discretion believes that a Customer account has been involved in any fraud or crime or violation of laws or regulations, or has been accessed unlawfully, or is otherwise involved in any suspicious activity (whether victim or perpetrator or otherwise), the Clearing Firm may suspend or freeze the account or any privileges of the account, may freeze or liquidate funds or assets, or may utilize any of the remedies in this Agreement for a "Default". Multi-Currency Function: Customers may be able to trade products denominated in different currencies using a base currency chosen by Customer. Upon purchase of a product denominated in a different currency from the base currency, a margin loan is created to fund the purchase, secured by the assets in Customer's accounts. If Customer maintains positions denominated in foreign currencies, the Clearing Firm will calculate Margin Requirements by applying exchange rates specified by the Clearing Firm. THE CLEARING FIRM WILL APPLY "HAIRCUTS" (A PERCENTAGE DISCOUNT ON THE FOREIGN CURRENCY EQUITY AMOUNT) TO REFLECT THE POSSIBILITY OF FLUCTUATING EXCHANGE RATES BETWEEN THE BASE CURRENCY AND THE FOREIGN CURRENCY. CUSTOMER MUST CLOSELY MONITOR MARGIN REQUIREMENTS AT ALL TIMES, PARTICULARLY FOR POSITIONS DENOMINATED IN FOREIGN CURRENCIES, BECAUSE FLUCTUATION IN THE CURRENCY AND THE VALUE OF THE UNDERLYING POSITION CAN CAUSE A MARGIN DEFICIT. Foreign Currency Exchange ("Forex"): A. HIGH RISKS OF FOREX TRADING: FOREX TRADING IS GENERALLY UNREGULATED, IS HIGHLY RISKY DUE TO THE LEVERAGE (MARGIN) INVOLVED, AND MAY RESULT IN LOSS OF FUNDS GREATER THAN CUSTOMER DEPOSITED IN THE ACCOUNT. Customer acknowledges the "Risk Disclosure Statement for Forex Trading and Multi-Currency Accounts" provided separately by AGM. B. For Forex transactions, the Clearing Firm generally will act as agent or riskless principal and charge a fee. The Clearing Firm may effect Forex transactions through an affiliate or third party, which may profit or lose from such transactions. Customer agrees that the Clearing Firm may transfer to or from Customer's regulated futures or securities account(s) from or to any of Customer's non-regulated Forex account any funds or assets that may be required to avoid margin calls, reduce debit balances or for any other lawful reason. C. Netting: (i) Netting by Novation. Each Forex transaction between Customer and the Clearing Firm will immediately be netted with all then existing Forex transactions between Customer and the Clearing Firm for the same currencies to constitute one transaction. (ii) Payment Netting. If on any delivery date more than one delivery of a currency is due, each party shall aggregate the amounts deliverable and only the difference shall be delivered. (iii) Close-Out Netting. If Customer: (a) incurs a margin deficit in any account, (b) defaults on any obligation to the Clearing Firm, (c) becomes subject to bankruptcy, insolvency or other similar proceedings, or (d) fails to pay debts when due, the Clearing Firm has the right but not the obligation to close-out Customer's Forex transactions, liquidate all or some of Customer's collateral and apply the proceeds to any debt to the Clearing Firm. (iv) Upon Close-Out Netting or any "Default", all outstanding Forex transactions will be deemed terminated as of the time immediately preceding the triggering event, petition or proceeding. (v) Clearing Firm's rights herein are in addition to any other rights the Clearing Firm has (whether by agreement, by law or otherwise). D. Nothing herein constitutes a commitment of AGM to offer Forex transactions generally or to enter into any specific Forex transaction. The Clearing Firm reserves the unlimited right to refuse any Forex order or to decline to quote a two-way market in any currency. Commodity Options and Futures Not Settled in Cash: Customer acknowledges that: (A) commodity options cannot be exercised and must be closed out by offset; and (B) for futures contracts that settle not in cash but by physical delivery of the commodity, Customer cannot make or receive delivery. The Clearing Firm is authorized to roll or liquidate the position or liquidate any position or commodity resulting from the option or futures contract, and Customer is liable for all losses/costs. Risks of Foreign Markets; After Hours Trading: Customer acknowledges that trading securities, options, futures, currencies, or any product on a foreign market is speculative and involves high risk. There also are special risks of trading outside ordinary market hours, including risk of lower liquidity, higher volatility, changing prices, un-linked markets, news announcements affecting prices, and wider spreads. Customer represents that Customer is knowledgeable and able to assume these risks. Knowledge of Securities, Warrants and Options; Corporate Actions: Customer acknowledges Customer's responsibility for knowing the terms of any securities, options, warrants or other products in Customer's account, including upcoming corporate actions (e.g., tender offers, reorganizations, stock splits, etc.). neither the clearing Firm nor AGM have an obligation to notify Customer of deadlines or required actions or dates of meetings, nor is Clearing Firm or AGM obligated to take any action without specific written instructions sent by Customer to the Clearing Firm or AGM. Quotes, Market Information, Research and Internet Links: Quotes, news, research and information accessible through AGM (including through links to outside websites) ("Information") may be prepared by independent Providers. The Information is the property of AGM, the Providers or their licensors and is protected by law. Customer agrees not to reproduce, distribute, sell or commercially exploit the Information in any manner without written consent of AGM or the Providers. AGM reserves the right to terminate access to the Information. None of the Information constitutes a recommendation by AGM or a solicitation to buy or sell. Neither AGM nor the Providers guarantee accuracy, timeliness, or completeness of the Information, and Customer should consult an advisor before making investment decisions. RELIANCE ON QUOTES, DATA OR OTHER INFORMATION IS AT CUSTOMER'S OWN RISK. IN NO EVENT WILL IB OR THE PROVIDERS BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL OR INDIRECT DAMAGES ARISING FROM USE OF THE INFORMATION. THERE IS NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE INFORMATION, INCLUDING WARRANTY OF MERCHANTIBILITY, WARRANTY OF FITNESS FOR A PARTICULAR USE, OR WARRANTY OF NON-INFRINGEMENT. Customer Must Maintain Alternative Trading Arrangements: Computer-based systems such as those used by AGM are inherently vulnerable to disruption, delay or failure. CUSTOMER MUST MAINTAIN ALTERNATIVE TRADING ARRANGEMENTS IN ADDITION TO CUSTOMER'S ACCOUNT FOR EXECUTION OF CUSTOMER'S ORDERS IN THE EVENT THAT THE SYSTEM IS UNAVAILABLE. By reading this disclosure, Customer represents that Customer maintains alternative trading arrangements. |