Common use of Monitoring Your Account Clause in Contracts

Monitoring Your Account. As an account owner, you are responsible for monitoring your account. This includes making sure that all transactions are accurate and that you Although all entities that provide services to your account strive to ensure the quality and reliability of those services, neither we nor the Clearing Firm can be responsible for the availability, accuracy, timeliness, completeness, or security of any service related to your account. These services are provided “as is” and “as available”. You therefore agree that we and The Clearing Firm are not responsible to you for any losses (meaning claims, damages, actions, demands, investment losses, direct or indirect, incidental, special, punitive, consequential, or other losses, as well as any costs, charges, attorneys’ fees, or other fees and expenses) that you incur as a result of conditions beyond our control or any agreement between the Parties. This includes, for example: • Any action that is done in accordance with the procedures described in this Agreement or an applicable mutual fund or securities prospectus or IC Program or BD Program Disclosure Document or other investment description. • The acceptance and processing of any order or transaction placed in your account, whether received electronically or through other means, as long as the order appears to be authentic. • Investment decisions or instructions placed in your account or other such actions attributable to you or any authorized person including your Representative. • Occurrences related to governments or markets, such as rules and regulations, restrictions, suspensions of trading, bank closures or bank regulatory, legal or other limitations or restrictions or high market volatility or trading volumes. • Uncontrollable circumstances in the world at large, such as wars, terrorist activities, earthquakes, power outages, or unusual weather conditions. • Occurrences related to computers and communications, such as a network or systems failure, a message interception, or an instance of unauthorized access or breach of security over which we have no control or reasonable ability to know it has occurred (such as theft of your personal information by a third party, spyware or malware on your computer) or other actions or inactions by you resulting in unauthorized activities in your account. • Telephone requests for money transfers, so long as we transmit the proceeds to you or the bank account number identified by you. • Any checks or other debits to your account that are not honored because the account has insufficient funds. If any service failure is determined to be our responsibility, we will be liable only for whatever benefit you would have realized up to the time by which you should have notified us, as specified earlier in “Monitoring Your Account.” are receiving confirmations, account statements, and any other expected communications. You should review these communications to ensure that the information about you and the activities in your account are accurate and contain nothing suspicious or unauthorized. You understand that The Clearing Firm does not monitor your brokerage account for you and has no duty to advise you of any issue regarding your brokerage account or us. If you have the IC Program or BD Program as your core account investment vehicle (as described on page 9), you are responsible for monitoring the total amount of your assets on deposit with each Program Bank in order to determine the extent of FDIC insurance coverage available to you. If you are a trustee or other fiduciary, you are responsible for determining the application of the insurance rules for the account and its beneficiaries. So long as we or The Clearing Firm or Product Sponsor send communications to you at the physical or electronic address of record given on the application, or to any other address given to us by an owner, the communications are legally presumed to have been delivered, whether you actually received them or not. In addition, confirmations are presumed You agree to indemnify us from, and hold us harmless for, any losses (as defined in Limits of Responsibility) resulting from your actions or failures to act, whether intentional or not, including losses resulting from actions taken by third parties on your behalf. Beyond taking reasonable steps to verify the authenticity of instructions, we have no obligation to contact you with regard to the purpose, wisdom, or propriety of any instruction we receive from you or your authorized agents.