Common use of ACCEPTANCE OF THE CONTRACT Clause in Contracts

ACCEPTANCE OF THE CONTRACT. This Customer Agreement shall be accepted by FXDD and will become a legally binding contract between Customer and FXDD when the Customer Application is accepted by FXDD, and when all documents comprising the Customer Agreement, including the Customer Agreement, FXDD Risk Disclosure Statement, Additional Risk Disclosure Statement, FXDD Trading Rules and Regulations are acknowledged by, signed by the Customer, and accepted by FXDD. The opening of the particular Customer’s account on its books and records by FXDD and issuing the Customer with a live User ID and password shall constitute FXDD’s acceptance of the Customer Agreement. The English language version of the Customer Agreement, Risk Disclosure, and Trading Rules and Regulations are the controlling documents for all purposes including dispute resolution. This FXDD Trading (‘FXDD’) Risk Disclosure Statement is an integral term of the Customer Agreement. THE MAJORITY OF GLOBAL FOREIGN EXCHANGE CURRENCY DEALERS AND BANKS INCLUDING FXDD, ARE COMPENSATED ON THE DIFFERENCE BETWEEN THE BID/ASK SPREAD IN THE CURRENCY PRICE OFFERED TO PARTICIPATING TRADERS AND/OR HAVE THE ABILITY TO ACCUMULATE POSITIONS ON A PROPIETARY BASIS AND ASSUME THE RISK OF THE NET OPEN POSITIONS THEY CARRY. THE FOREIGN CURRENCY TRADING YOU ARE ENTERING INTO IS NOT CONDUCTED ON AN EXCHANGE. FXDD IS ACTING AS A COUNTERPARTY IN THESE TRANSACTIONS AND THEREFORE ACTS AS THE BUYER WHEN YOU SELL AND THE SELLER WHEN YOU BUY. AS A RESULT, FXDD’S INTERESTS MAY BE IN CONFLICT WITH YOURS. UNLESS OTHERWISE SPECIFIED IN YOUR WRITTEN AGREEMENT WITH FXDD OR OTHER WRITTEN DOCUMENTS FXDD ESTABLISHES THE PRICES AT WHICH IT OFFERS TO TRADE WITH YOU. THE PRICES FXDD OFFERS MIGHT NOT BE THE BEST PRICES AVAILABLE FROM AMONGST DIFFERENT PROVIDERS AND FXDD MAY OFFER DIFFERENT PRICES TO DIFFERENT CUSTOMERS BASED ON OBJECTIVE CRITERIA. IF FXDD ELECTS NOT TO COVER ITS OWN TRADING EXPOSURE, THEN YOU SHOULD BE AWARE THAT FXDD MAY MAKE MORE MONEY IF THE MARKET GOES AGAINST YOU. ADDITIONALLY, SINCE FXDD ACTS AS THE BUYER OR SELLER IN THE TRANSACTION, YOU SHOULD CAREFULLY EVALUATE ANY TRADE RECOMMENDATIONS YOU RECEIVE FROM FXDD OR ANY OF ITS SOLICITORS. Each capitalized term not defined in this Risk Disclosure Statement shall have the meaning given to it in the FXDD Glossary of Terms obtained from the FXDD website: ▇▇▇▇▇://▇▇▇.▇▇▇▇.▇▇▇/. Trading in margined Foreign Exchange and/or Precious Metals involves a high degree of risk including the risk of loss of the Customer’s entire Risk Capital deposited with FXDD. Losses, in some cases, have the potential to extend beyond the Customer’s Account Value. This brief statement does not disclose all of the risks and other significant aspects of spot Foreign Currency, Precious Metals and options trading. In light of the risks, you should undertake such transactions only if you (“Customer” or “you”) understand the nature of the trading in which you are about to engage and the extent of your exposure to risk. Trading in spot OTC Foreign Exchange is not suitable for many members of the public. You should carefully consider whether such trading is appropriate for you in the light of your experience, objectives, financial resources and other relevant circumstances. In consideration of FXDD agreeing to enter into Foreign Exchange Contracts with you for this Account, FXDD requires you to analyze your financial objectives, financial status, investment constraints and tax situation to determine whether spot OTC Foreign Exchange trading is suitable for you. In addition, we require you to read and acknowledge the FXDD Risk Disclosure Statement that outlines without limitation some of the risks associated with trading margined spot OTC Foreign Exchange through FXDD. By signing this document, you acknowledge, understand and agree to the following: There is no guarantee of profit from trading with FXDD. By signing the FXDD Risk Disclosure Statement, you acknowledge that neither FXDD nor any of its representatives guarantees to you that you will profit from trading or investing in OTC margined spot Foreign Exchange. You further confirm that you can sustain the total loss of your entire Risk Capital deposited in your Account and are financially able to withstand any losses incurred. OTC margined spot Foreign Exchange trading involves a high amount of risk and is highly speculative. By signing the Risk Disclosure Statement, you agree that they are in full understanding and are willing to assume the legal, economic, and other risks associated with trading in margined OTC spot Foreign Exchange, and are willing and able to assume the loss of your entire Risk Capital, defined as those funds, that if lost, would not change your lifestyle or your family’s lifestyle. As such, you further agree that margined spot OTC Foreign Exchange trading may not be suitable for retirement funds. FXDD encourages Customers to closely manage outstanding open positions and to use prudent money management precautions such as, but not limited to, Stop Loss Orders. Excessive leverage available with OTC margined spot Foreign Exchange can lead to quick losses. By signing the Risk Disclosure Statement, the Customer agrees that using a high degree of leverage, defined as the use of a small amount of capital to control a larger amount in an Open Position, can result in large losses due to a price change(s) of open Foreign Currency positions with FXDD. FXDD provides leverage on most Currency Pairs for most customers of 100:1. For example, with 100:1 leverage, the Customer has the potential to control a $500,000 position with $5,000 in an Account. FXDD encourages each of its Customers to use only that portion of leverage that such Customer is most comfortable with and to use money management precautions such as, but not limited to, Stop Loss Orders for the purpose of managing risk. FXDD reserves, at its sole discretion, the right to reduce or increase the amount of leverage given on any Currency Pair at any time and without notice. OTC margined spot Foreign Exchange trading experiences periods of substantial liquidity risk. By signing the FXDD Risk Disclosure Statement, each Customer acknowledges that liquidity risk, resulting from decreased liquidity of a currency pair, is usually due to unanticipated changes in economic and/or political conditions. Each Customer also acknowledges that Liquidity Risk can affect the general market in that all participants experience the same lack of buyers and/or sellers. Each Customer also understands that liquidity risk can be FXDD specific due to changes in liquidity available to FXDD from FXDD’s inter-bank liquidity providers or specific to retail Foreign Exchange market makers due to a perception that the risks of the market segment have increased. When liquidity decreases, Customers can expect, at the minimum, to have wider bid to ask spreads as the supply of available bid/ask prices, outstrips the demand. Decreases in liquidity can also result in “Fast Market” conditions where the price of a currency pair moves sharply higher or lower or in a volatile up/down pattern without trading in an ordinary step-like fashion. In some instances, there may exist the possibility that a trading bid and/or ask price for a Foreign Exchange pair or pairs is not available (a situation where there is no liquidity). Although there may be instances when the aggregate OTC spot Foreign Exchange market enters a “Fast Market” situation or periods where liquidity is in short or no supply, it is important to note that, FXDD’s prices, bid/ask spreads and liquidity will reflect the prevailing inter- bank market liquidity for FXDD. FXDD will liquidate Customer positions that are not adequately margined. Because of the leverage available with OTC margined spot Foreign Exchange trading and the potential for extreme volatility, FXDD reserves the sole discretionary right to liquidate a Customer’s Account should the Margin in the Account not be sufficient to cover the potential risk of loss. Required margin levels are indicated on FXDD’s trading platforms. Should a Customer’s Account value go below the Liquidation Level, FXDD reserves the right to automatically liquidate the customer’s position and the Customer will be responsible and liable for all resulting losses as a result of such liquidation. FXDD reserves the right to change the Liquidation Level at its sole discretion. Prices from FXDD are independent of prices of other institutions and businesses. By signing the FXDD Risk Disclosure Statement, each Customer acknowledges that the prices reported by FXDD for buying and selling currency pairs are independent and can differ from the prices displayed elsewhere or from those of other liquidity providers. Differences can result from, but are not limited to, changes in liquidity from Interbank market makers and liquidity providers to FXDD, an unbalanced position or exposure in currency pairs at FXDD, or differing expectations of price movements in currency pairs by FXDD. FXDD expects that in most cases the prices provided to its Customers will be in line with the general Inter-bank Market but FXDD does not represent, warrant or covenant, explicitly or implicitly, that this will always be the case. Rollover rates for open positions of currency pairs are determined by FXDD and are independent of prices found elsewhere in the Interbank Market. By signing the FXDD Risk Disclosure Statement, each Customer acknowledges that all existing spot open positions that remain open over the end of business day (defined as 5:00 p.m. New York), are automatically rolled over to the next available Spot Settlement Date at a net debit or credit to a Customer’s Account as determined by spot interest rates determined solely by FXDD. In general, if a Customer is long (has bought) on a currency that has a higher spot interest rate than the currency on which such Customer is short (has sold); such Customer can expect a net credit added to the Customer’s Account Value at the end of day. If a Customer is short (has sold) a currency that has a higher spot interest rate than the currency on which such Customer is long (has bought), such Customer can expect a net debit subtracted from the Customer Account Value at the end of the day. Rollover debits and credits are also influenced by the number of days that the position must be to be rolled. For positions that must be rolled from a Spot Settlement Date of Friday to Monday, the debit or credit will reflect the rollover from Friday to Monday, or three (3) business days. For rollovers from Monday to Tuesday, Tuesday to Wednesday, Wednesday to Thursday and Thursday to Friday, the rollover debit or credit is for only one (1) business day. If there is a holiday and FXDD is closed, the rollover would include the holiday. For example, if Tuesday is a holiday, rollovers from Monday will be two (2) business days (i.e. from Monday to Wednesday). Since rollover debits and credits are determined by the respective short-term spot interest rates of the respective currencies that make up a currency pair, a large spread between one currency’s rate in relation to another can cause a large debit or credit rollover amount. This spread can result, but is not limited to a country’s tightening of credit conditions in order to dissuade speculators from shorting a currency versus another. For example, the Bank of England in the early 1990’s raised short-term interest rates to over 20% in an attempt to dissuade currency speculators from selling Pound Sterling against other currencies when the Pound Sterling came under pressure by speculators. In this situation, those who were short GBP and long US Dollars were forced to rollover their spot positions at a large debit from one spot settlement date to the next. By doing so the Bank of England was attempting to dissuade currency speculators from selling GBP over spot and rolling over the position from one day to the next. The action was intended to force those who were short GBP, to cover their positions before the end of the day forcing an underlying bid into the currency. Year-end and quarter-end periods can also cause unusual spikes in short- term interest rates that may cause temporary spikes in rollover debits and credits. Each Customer acknowledges that there exists a rollover risk to currency positions. FXDD will display the rollover debits or credits for the respective currency pairs on its web site (▇▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇▇/pe) and automatically periodically update Customer Reports to reflect the cash flow. FXDD reserves the right to change the credits or debits at its sole discretion if the original amounts are in wrong due to an error or omission. Sweep rates for currency balances other than USD are determined by FXDD and may be independent of prices found elsewhere in the Interbank Market. Profits that are calculated in a Foreign Currency are “swept” into dollars when the open positions are closed and the Profit and Loss realized. For example, if a Customer buys one (1) lot of USD/ JPY at 115.00 and sells the same one (1) lot at 116.00, the realized profit on the transaction would be: Sale Proceeds in Yen = 11,600,000 Yen Less: Purchase Proceeds in Yen = 11,500,000 Yen Realize Profit of the Trade = 100,000 Yen Since the Realized Profit is in Yen, the amount must be swept into US dollars by selling Yen and Buying USD. If the exchange rate for the USD/JPY exchange rate is 116.05, the 100,000 Yen are converted and swept into USD at 116.05 creating a USD realized profit of $861.70 (100,000 / 116.05 = $861.70). When dealing in currencies where the secondary currency is USD (i.e., EUR/USD and GBP/USD), the realized profit or loss is already stated in USD. As a result, the profit or loss does not have to be swept. There is no guarantee that FXDD will be able to execute Stop Loss Orders, Limit Orders or OCO orders at the price the Customer designates. Customer acknowledges and agrees that there may be market, liquidity or other conditions that will prevent FXDD from executing a Customer’s specific Stop Loss Orders, Limit Orders or OCO Orders at the Customer designated price. In some cases the orders will be executed at prices that are less favorable to the price entered and desired by the Customer. The Customer acknowledges and agrees that the Customer is still responsible and liable for deals executed at levels different from their orders and that FXDD is not liable for failure to do so. There is a technology risk inherent in trading online or via a software application and the Customer accepts that risk. FXDD has invested resources developing, testing, configuring, and integrating the FXDD Internet Trading Platform, and other relevant software and hardware. However, the Customer acknowledges and agrees that FXDD does not guarantee that the Customer will be able to successfully execute, deal, monitor their positions, or perform other essential trading tasks while using the public Internet and other technology from FXDD or from third party vendors known or not known on which FXDD may rely. FXDD cannot control, without limitation, the routing, Internet connectivity, reliability of customer or FXDD equipment, network connections or any other technology hardware malfunction caused by FXDD hardware, hardware and connectivity that makes up the public Internet, or hardware at the Customer’s location. FXDD does not guarantee, although reasonable efforts have been made, that the FXDD Internet Trading Platform and Associated Back Office and Broker Software Interfaces or any other code or application including but not limited to the interface with FXDD liquidity provider(s) or the interface with the escrow account institution or other technology application that would come under the heading software, are free of programming bugs that can cause trading, position keeping or any other required functionality of the FXDD Internet Trading Platform and other relevant software applications associated with FXDD including but limited to clearing, market making and escrow account software from becoming inoperable or without errors. The Customer necessarily assumes a failure of communication risk. Although FXDD will have qualified representatives available by telephone during business hours to accept and execute Customer Market Orders, there exists the risk t

ACCEPTANCE OF THE CONTRACT. This Customer Agreement shall be accepted by FXDD ODM and will become a legally binding contract between Customer and FXDD ODM when the Customer Application is accepted by FXDDODM, and when all documents comprising the Customer Agreement, including the Customer Agreement, FXDD ODM Risk Disclosure Statement, Additional Risk Disclosure Statement, FXDD Statement and Supplemental Risk Disclosure Statement and ODM Trading Rules and Regulations Regulations, are acknowledged by, signed by the Customer, and accepted by FXDDODM. The opening of the particular Customer’s account on its books and records by FXDD ODM and issuing the Customer with a live User ID and password shall constitute FXDDODM’s acceptance of the Customer Agreement. The English language version of the Customer Agreement, Risk Disclosure, Additional Risk Disclosure Statement and Trading Rules and Regulations are the controlling documents for all purposes including dispute resolution. This FXDD Trading OD Markets Ltd. (‘FXDDODM’) Risk Disclosure Statement is an integral term of the Customer Agreement. THE MAJORITY OF GLOBAL FOREIGN EXCHANGE CURRENCY DEALERS AND BANKS INCLUDING FXDDODM, ARE COMPENSATED ON THE DIFFERENCE BETWEEN THE BID/ASK SPREAD IN THE CURRENCY PRICE OFFERED TO PARTICIPATING TRADERS AND/OR HAVE THE ABILITY TO ACCUMULATE POSITIONS ON A PROPIETARY BASIS AND ASSUME THE RISK OF THE NET OPEN POSITIONS THEY CARRY. THE FOREIGN CURRENCY TRADING YOU ARE ENTERING INTO IS NOT CONDUCTED ON AN EXCHANGE. FXDD ODM IS ACTING AS A COUNTERPARTY IN THESE TRANSACTIONS AND THEREFORE ACTS AS THE BUYER WHEN YOU SELL AND THE SELLER WHEN YOU BUY. AS A RESULT, FXDDODM’S INTERESTS MAY BE IN CONFLICT WITH YOURS. UNLESS OTHERWISE SPECIFIED IN YOUR WRITTEN AGREEMENT WITH FXDD ODM OR OTHER WRITTEN DOCUMENTS FXDD ODM ESTABLISHES THE PRICES AT WHICH IT OFFERS TO TRADE WITH YOU. THE PRICES FXDD ODM OFFERS MIGHT NOT BE THE BEST PRICES AVAILABLE FROM AMONGST DIFFERENT PROVIDERS AND FXDD ODM MAY OFFER DIFFERENT PRICES TO DIFFERENT CUSTOMERS BASED ON OBJECTIVE CRITERIA. IF FXDD ODM ELECTS NOT TO COVER ITS OWN TRADING EXPOSURE, THEN YOU SHOULD BE AWARE THAT FXDD ODM MAY MAKE MORE MONEY IF THE MARKET GOES AGAINST YOU. ADDITIONALLY, SINCE FXDD ODM ACTS AS THE BUYER OR SELLER IN THE TRANSACTION, YOU SHOULD CAREFULLY EVALUATE ANY TRADE RECOMMENDATIONS YOU RECEIVE FROM FXDD ODM OR ANY OF ITS SOLICITORS. Each capitalized term not defined in this Risk Disclosure Statement shall have the meaning given to it in the FXDD ODM Glossary of Terms obtained from the FXDD ODM website: ▇▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇.▇▇▇/. . Trading in margined Foreign Exchange and/or Precious Metals involves a high degree of risk including the risk of loss of the Customer’s entire Risk Capital deposited with FXDDODM. Losses, in some cases, have the potential to extend beyond the Customer’s Account Value. This brief statement does not disclose all of the risks and other significant aspects of spot Foreign Currency, Precious Metals and options trading. In the light of the risks, you should undertake such transactions only if you (“Customer” or “you”) understand the nature of the trading in which you are about to engage and the extent of your exposure to risk. Trading in spot OTC Foreign Exchange is not suitable for many members of the public. You should carefully consider whether such trading is appropriate for you in the light of your experience, objectives, financial resources and other relevant circumstances. In consideration of FXDD ODM agreeing to enter into Foreign Exchange Contracts with you for this Account, FXDD ODM requires you to analyze your financial objectives, financial status, investment constraints and tax situation to determine whether spot OTC Foreign Exchange Exchange, Futures, Options, CFD trading is suitable for you. In addition, we require you to read and acknowledge the FXDD ODM Risk Disclosure Statement that outlines without limitation some of the risks associated with trading margined spot OTC Foreign Exchange through FXDDODM. By signing this document, you acknowledge, understand and agree to the following: There is no guarantee of profit from trading with FXDDODM. By signing the FXDD ODM Risk Disclosure Statement, you acknowledge that neither FXDD ODM nor any of its representatives guarantees to you that you will profit from trading or investing in OTC margined spot Foreign Exchange. You further confirm that you can sustain the total loss of your entire Risk Capital deposited in your Account and are financially able to withstand any losses incurred. OTC margined spot Foreign Exchange trading involves a high amount of risk and is highly speculative. By signing the Risk Disclosure Statement, you agree that they are in full understanding and are willing to assume the legal, economic, and other risks associated with trading in margined OTC spot Foreign Exchange, and are willing and able to assume the loss of your entire Risk Capital, defined as those funds, that if lost, would not change your lifestyle or your family’s lifestyle. As such, you further agree that margined spot OTC Foreign Exchange trading may not be suitable for retirement funds. FXDD ODM encourages Customers to closely manage outstanding open positions and to use prudent money management precautions such as, but not limited to, Stop Loss Orders. Excessive leverage available with OTC margined spot Foreign Exchange can lead to quick losses. By signing the Risk Disclosure Statement, the Customer agrees that using a high degree of leverage, defined as the use of a small amount of capital to control a larger amount in an Open Position, can result in large losses due to a price change(s) of open Foreign Currency positions with FXDDODM. FXDD ODM provides leverage on most Currency Pairs for most customers of 100:1. For example, with 100:1 leverage, the Customer has the potential to control a $500,000 position with $5,000 in an Account. FXDD ODM encourages each of its Customers to use only that portion of leverage that such Customer is most comfortable with and to use money management precautions such as, but not limited to, Stop Loss Orders for the purpose of managing risk. FXDD ODM reserves, at its sole discretion, the right to reduce or increase the amount of leverage given on any Currency Pair at any time and without notice. OTC margined spot Foreign Exchange trading experiences periods of substantial liquidity risk. By signing the FXDD ODM Risk Disclosure Statement, each Customer acknowledges that liquidity risk, resulting from decreased liquidity of a currency pair, is usually due to unanticipated changes in economic and/or political conditions. Each Customer also acknowledges that Liquidity Risk can affect the general market in that all participants experience the same lack of buyers and/or sellers. Each Customer also understands that liquidity risk can be FXDD ODM specific due to changes in liquidity available to FXDD ODM from FXDDODM’s inter-bank liquidity providers or specific to retail Foreign Exchange market makers due to a perception that the risks of the market segment have increased. When liquidity decreases, Customers can expect, at the minimum, to have wider bid to ask spreads as the supply of available bid/ask prices, outstrips the demand. Decreases in liquidity can also result in “Fast Market” conditions where the price of a currency pair moves sharply higher or lower or in a volatile up/down pattern without trading in an ordinary step-like fashion. In some instances, instances there may exist the possibility that a trading bid and/or ask price for a Foreign Exchange pair or pairs is not available (a situation where there is no liquidity). Although there may be instances when the aggregate OTC spot Foreign Exchange market enters a “Fast Market” situation or periods where liquidity is in short or no supply, it is important to note that, FXDDODM’s prices, bid/ask spreads and liquidity will reflect the prevailing inter- inter-bank market liquidity for FXDDODM. FXDD ODM will liquidate Customer positions that are not adequately margined. Because of the leverage available with OTC margined spot Foreign Exchange trading and the potential for extreme volatility, FXDD ODM reserves the sole discretionary right to liquidate a Customer’s Account should the Margin in the Account not be sufficient to cover the potential risk of loss. Required margin levels are indicated on FXDDODM’s trading platforms. Should a Customer’s Account value go below the Liquidation Level, FXDD ODM reserves the right to automatically liquidate Liquidate the customer’s position and the Customer will be responsible and liable for all resulting losses as a result of such liquidation. FXDD ODM reserves the right to change the Liquidation Level at its sole discretion. Prices from FXDD ODM are independent of prices of other institutions and businesses. By signing the FXDD ODM Risk Disclosure Statement, each Customer acknowledges that the prices reported by FXDD ODM for buying and selling currency pairs are independent and can differ from the prices displayed elsewhere or from those of other liquidity providersproviders in the Interbank Market. Differences can result from, but are not limited to, changes in liquidity from Interbank market makers and liquidity providers to FXDDODM, an unbalanced position or exposure in currency pairs at FXDDODM, or differing expectations of price movements in currency pairs by FXDDODM. FXDD ODM expects that in most cases the prices provided to its Customers will be in line with the general Inter-bank Market but FXDD ODM does not represent, warrant or covenant, explicitly or implicitly, that this will always be the case. Rollover rates for open positions of currency pairs are determined by FXDD ODM and are independent of prices found elsewhere in the Interbank Market. By signing the FXDD ODM Risk Disclosure Statement, each Customer acknowledges that all existing spot open positions that remain open over the end of business day (defined as 5:00 p.m. New York), are automatically rolled over to the next available Spot Settlement Date at a net debit or credit to a Customer’s Account as determined by spot interest rates determined solely by FXDDODM. In general, if a Customer is long (has bought) on a currency that has a higher spot interest rate than the currency on which such Customer is short (has sold); such Customer can expect a net credit added to the Customer’s Account Value at the end of day. If a Customer is short (has sold) a currency that has a higher spot interest rate than the currency on which such Customer is long (has bought), such Customer can expect a net debit subtracted from the Customer Account Value at the end of the day. Rollover debits and credits are also influenced by the number of days that the position must be to be rolled. For positions that must be rolled from a Spot Settlement Date of Friday to Monday, the debit or credit will reflect the rollover from Friday to Monday, or three (3) business days. For rollovers from Monday to Tuesday, Tuesday to Wednesday, Wednesday to Thursday and Thursday to Friday, the rollover debit or credit is for only one one (1) business day. If there is a holiday and FXDD ODM is closed, the rollover would include the holiday. For example, if Tuesday is a holiday, rollovers from Monday will be two (2) business days (i.e. from Monday to Wednesday). Since rollover debits and credits are determined by the respective short-term spot interest rates of the respective currencies that make up a currency pair, a large spread between one currency’s rate in relation to another can cause a large debit or credit rollover amount. This spread can result, but is not limited to a country’s tightening of credit conditions in order to dissuade speculators from shorting a currency versus another. For example, the Bank of England in the early 1990’s raised short-term interest rates to over 20% in an attempt to dissuade currency speculators from selling Pound Sterling against other currencies when the Pound Sterling came under pressure by speculators. In this situation, those who were short GBP and long US Dollars were forced to rollover their spot positions at a large debit from one spot settlement date to the next. By doing so the Bank of England was attempting to dissuade currency speculators from selling GBP over spot and rolling over the position from one day to the next. The action was intended to force those who were short GBP, to cover their positions before the end of the day forcing an underlying bid into the currency. Year-Year- end and quarter-end periods can also cause unusual spikes in short- short-term interest rates that may cause temporary spikes in rollover debits and credits. Each Customer acknowledges that there exists a rollover risk to currency positions. FXDD ODM will display the rollover debits or credits for the respective currency pairs on its web site (▇▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇▇/pe) and automatically periodically update Customer Reports to reflect the cash flow. FXDD ODM reserves the right to change the credits or debits at its sole discretion if the original amounts are in wrong due to an error or omission. Sweep rates for currency balances other than USD are determined by FXDD ODM and may be independent of prices found elsewhere in the Interbank Market. Profits that are calculated in a Foreign Currency are “swept” into dollars when the open positions are closed and the Profit and Loss realized. For example, if a Customer buys one (1) lot of USD/ USD/JPY at 115.00 and sells the same one (1) lot at 116.00, the realized profit on the transaction would be: Sale Proceeds in Yen = 11,600,000 Yen Less: Purchase Proceeds in Yen = 11,500,000 Yen Realize Profit of the Trade = 100,000 Yen Since the Realized Profit is in Yen, the amount must be swept into US dollars by selling Yen and Buying USD. If the exchange rate for the USD/JPY exchange rate is 116.05, the 100,000 Yen are converted and swept into USD at 116.05 creating a USD realized profit of $861.70 (100,000 / 116.05 = $861.70). When dealing in currencies where the secondary currency is USD (i.e., EUR/USD and GBP/USD), the realized profit or loss is already stated in USD. As a result, the profit or loss does not have to be swept. There is no guarantee that FXDD ODM will be able to execute Stop Loss Orders, Limit Orders or OCO orders at the price the Customer designates. Customer acknowledges and agrees that there may be market, liquidity or other conditions that will prevent FXDD ODM from executing a Customer’s specific Stop Loss Orders, Limit Orders or OCO Orders at the Customer designated price. In some cases the orders will be executed at prices that are less favorable favourable to the price entered and desired by the Customer. The Customer acknowledges and agrees that the Customer is still responsible and liable for deals executed at levels different from their orders and that FXDD ODM is not liable for failure to do so. There is a technology risk inherent in trading online or via a software application and the Customer accepts that risk. FXDD ODM has invested resources developing, testing, configuring, and integrating the FXDD ODM Internet Trading Platform, and other relevant software and hardware. However, the Customer acknowledges and agrees that FXDD ODM does not guarantee that the Customer will be able to successfully execute, deal, monitor their positions, or perform other essential trading tasks while using the public Internet and other technology from FXDD ODM or from third party vendors known or not known on which FXDD ODM may rely. FXDD ODM cannot control, without limitation, the routing, Internet connectivity, reliability of customer or FXDD ODM equipment, network connections or any other technology hardware malfunction caused by FXDD ODM hardware, hardware and connectivity that makes up the public Internet, or hardware at the Customer’s location. FXDD ODM does not guarantee, although reasonable efforts have been made, that the FXDD ODM Internet Trading Platform and Associated Back Office and Broker Software Interfaces or any other code or application including but not limited to the interface with FXDD ODM liquidity provider(s) or the interface with the escrow account institution or other technology application that would come under the heading software, are free of programming bugs that can cause trading, position keeping or any other required functionality of the FXDD ODM Internet Trading Platform and other relevant software applications associated with FXDD ODM including but limited to clearing, market making and escrow account software from becoming inoperable or without errors. The Customer necessarily assumes a failure of communication risk. Although FXDD will have qualified representatives available ODM does not take responsibility for third party account managers and Customer agrees to hold harmless ODM, its employees, agents, officers, directors and shareholders from any losses sustained by telephone during business hours to accept and execute Customer Market Orders, there exists the risk tas a result of actions und