Common use of Advice and Positions Clause in Contracts

Advice and Positions. Any market information communicated by WFS with respect to any Account opened by Customer or with respect to any Derivatives transaction contemplated by this Agreement is incidental to WFS’ business as an FCM, and does not constitute investment advice or a recommendation. Moreover, such information does not constitute an offer to buy or sell or the solicitation of an offer to buy or sell any Derivatives and is not intended to serve and will not serve as the primary basis for any decision by or on behalf of Customer in respect of any Derivative or Account. WFS does not have and will not have any discretionary authority, power or control over any decisions made by or on behalf of Customer in respect of the Account or any Derivative, and Customer shall rely solely on its own judgment and the advice of its Advisor (if applicable), and not on WFS, in making any such decision.

Appears in 2 contracts

Sources: Futures and Cleared Swaps Agreement (Managed Futures Premier Warrington L.P.), Futures and Cleared Swaps Agreement (United States Commodity Index Funds Trust)