Common use of Online Service Clause in Contracts

Online Service. You shall use the WFS online service only in accordance with this Agreement and any additional services offered through the Service in the future will only be used in accordance with this Agreement. You shall be the only authorized user of the Service under this Agreement. You shall be responsible for the confidentiality and use of your User ID, sign-on password, trading password, and PIN. You understand that you shall be solely responsible for all orders entered through the Service using your User ID, sign-on password, trading password, and PIN. You further understand and agree that, as a condition of using the Service to place orders and/or send information, you shall immediately notify WFS if: (a) an order has been placed through the Service and you have not received an order number; (b) an order has been placed through the Service and you have not received an accurate acknowledgment (whether through hard copy, electronic, or verbal means) of the order or of its execution; (c) you have received acknowledgment (whether through hard copy, electronic, or verbal means) of an execution for an order which you did not place or any similar conflict; or (d) you become aware of any unauthorized use of your User ID, sign-on password, trading password, or PIN. If you fail to notify WFS as soon as practicable when any of the above conditions occur, neither WFS nor any of its officers, employees, agents, affiliates or subsidiaries can or will have any responsibility or liability to you or to any other person whose claim may arise through you for any claims with respect to the handling, mishandling or loss of any order. You further agree that WFS and its affiliates will not be liable for any consequential, incidental, special, or indirect damage (including lost profits, trading losses and damages) that result from inconvenience, delay or loss of the use of the Service even if WFS has been advised of the possibility of such damages. You agree that CFS, WFS, Pershing and their affiliates will not be liable for any losses resulting from a cause over which CFS, WFS, Pershing or its affiliates does not have direct control, including but not limited to the failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems (e.g. if you are unable to access your online service provider), unauthorized access, theft, operator errors, severe weather, earthquakes, floods and strikes or other labor problems. WFS offers you various ways of accessing your Account, including online services. You agree that should you experience any problems in reaching through any particular method, you will attempt to use alternate methods to communicate with us. You agree that WFS may modify the Service or change the terms of this Agreement, in whole or in part, upon notice through the Service and/or in writing. 29.

Online Service. You shall use the WFS CFS online service only in accordance with this Agreement and any additional services offered through the Service in the future will only be used in accordance with this Agreement. You shall be the only authorized user of the Service under this Agreement. You shall be responsible for the confidentiality and use of your User ID, sign-on password, trading password, and PIN. You understand that you shall be solely responsible for all orders entered through the Service using your User ID, sign-on password, trading password, and PIN. You further understand and agree that, as a condition of using the Service to place orders and/or send information, you shall immediately notify WFS CFS if: (a) an order has been placed through the Service and you have not received an order number; (b) an order has been placed through the Service and you have not received an accurate acknowledgment (whether through hard copy, electronic, or verbal means) of the order or of its execution; (c) you have received acknowledgment (whether through hard copy, electronic, or verbal means) of an execution for an order which you did not place or any similar conflict; or (d) you become aware of any unauthorized use of your User ID, sign-on password, trading password, or PIN. If you fail to notify WFS CFS as soon as practicable when any of the above conditions occur, neither WFS CFS nor any of its officers, employees, agents, affiliates or subsidiaries can or will have any responsibility or liability to you or to any other person whose claim may arise through you for any claims with respect to the handling, mishandling or loss of any order. You further agree that WFS CFS and its affiliates will not be liable for any consequential, incidental, special, or indirect damage (including lost profits, trading losses and damages) that result from inconvenience, delay or loss of the use of the Service even if WFS CFS has been advised of the possibility of such damages. You agree that CFS, WFS, Pershing and their affiliates will not be liable for any losses resulting from a cause over which CFS, WFS, Pershing or its affiliates does not have direct control, including but not limited to the failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems (e.g. if you are unable to access your online service provider), unauthorized access, theft, operator errors, severe weather, earthquakes, floods and strikes or other labor problems. WFS CFS offers you various ways of accessing your Account, including online services. You agree that should you experience any problems in reaching through any particular method, you will attempt to use alternate methods to communicate with us. You agree that WFS CFS may modify the Service or change the terms of this Agreement, in whole or in part, upon notice through the Service and/or in writing. 29.