Online Brokerage User Addendum
YOU MUST READ AND ACCEPT PRIOR TO ANY ONLINE BROKERAGE ACTIVITY
In compliance with Federal Law and the Anti-Money Laundering Statutes, GlobaLink requires all New Customers to provide verification of their identities. Your signature on this application is an authorization for GlobaLink and/or its Divisions to request any and all information required to verify your identity as required by Federal Law which may include requesting a copy of your credit report from one or more of the reporting credit agencies.
Conditions, Limitations, and Responsibilities
You acknowledge that you are the only authorized user of these online services and are responsible for the protection of your account number, password and trading password (hereafter Personal ID). You are solely responsible for access to your account, account retrieval, investments made online, and changes to personal preferences using this Personal ID. Further, you are solely responsible for the use, storage, and security of your account information and Personal ID on your personal computer, laptop, or any personal computer that you use to access your account online.
You accept full responsibility for the monitoring and safeguarding of your accounts. You will immediately notify GlobaLink Securities Inc in writing, delivered via e-mail and certified/return receipt requested U.S. Mail, if you become aware of any loss, theft or unauthorized use of your password and account number; or any failure by you to receive a message from us indicating that an order was received and executed; or any failure by you to receive an accurate written confirmation of an execution; or any receipt by you of confirmation of an order and/or execution which you did not place; or any inaccurate information in your account balances, securities positions, or transaction history.
If you fail to notify GlobaLink Securities Inc immediately upon your knowledge when any of the above conditions occur, neither GlobaLink Securities Inc or our clearing agent, Wedbush Securities nor any of its officers, directors, 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.
Under no circumstances, including negligence, shall we or anyone involved in creating, producing, delivering or managing GlobaLink Securities Inc Online’s services or our clearing agent be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the service, or out of any breach of any warranty. This exclusion or limitation of liability will not apply to the extent that any applicable statute prohibits such exclusion or limitation of liability. To the extent that any applicable statute applies which modifies the above, our liability shall not include any hypothetical gains or losses, and it is agreed that the trier of fact shall only consider the actual acts, or lack thereof, of the parties to this agreement.
The GlobaLink Securities Inc Online Investing Service is provided on an as is and as available service without any warranties of any kind, either expressed or implied. YOU UNDERSTAND THAT SYSTEMS AVAILABILITY AND RESPONSE TIME, AS WELL AS TRADE EXECUTION AND REPORTING TIMES, MAY VARY DUE TO MARKET CONDITIONS, SYSTEM PERFORMANCE, AND OTHER FACTORS. SHOULD ONE OF THESE ORDER ENTRY METHODS BECOME UNAVAILABLE, YOU WILL CONTACT YOUR INVESTMENT EXECUTIVE OR THEIR OFFICE TO CONDUCT BUSINESS. The receipt of instructions by a GlobaLink Securities Inc representative or automated system does not constitute acceptance of your order by GlobaLink Securities Inc or our clearing agent. In all instances, and at GlobaLink Securities Incs sole and absolute discretion, all orders received by GlobaLink Securities Inc may be subject to further review and the final approval of GlobaLink Securities Inc. You understand that receipt of an order reference number does not constitute acceptance or confirmation of your order. You understand that GlobaLink Securities Inc will not make any determination regarding the suitability of any order entered for your account. You affirm that you will not rely on any automated system or employee of GlobaLink Securities Inc to restrict the types of orders placed in your account and that prior acceptance or rejection of certain order types does not guarantee future acceptance or rejection of similar order types. You will not hold GlobaLink Securities Inc or our clearing agent responsible for any delays in accepting your orders to buy or sell securities resulting from the need to obtain further review and the final approval of GlobaLink Securities Inc before a particular order may be accepted, technology delays and/or market volume and volatility.
You understand that GlobaLink Securities Inc reserves the right, at its sole discretion and without prior notice to you, to limit and restrict the types of orders that it will accept from you. For instance, under certain circumstances, GlobaLink Securities Inc may decline to accept Good Until Canceled Orders (GTC) and Stop Orders entirely. Further, under emergency or volatile conditions, GlobaLink Securities Inc retains the right to, at its sole discretion and without prior notice, prioritize the entry of orders, for instance giving market orders precedence over limit orders. You understand that placing a market order for a particular security may result in an execution at prices significantly different than the market price quoted at the time of entry. Further, you understand that, although limit orders do not guarantee execution of your order, you can reduce the potential for receiving an execution at unexpected prices by using limit orders. Orders for the purchase or sale of securities will not be entered all or none unless specifically requested by you. Unless you specify all or none, you are fully liable for partial executions. GlobaLink Securities Inc does not accept orders requested in writing, facsimile transmission or electronic mail.
YOU UNDERSTAND THAT IT IS INCUMBENT UPON YOU TO MONITOR THE STATUS OF YOUR ORDERS AT ALL TIMES, GTC or otherwise. At your request, as a courtesy GlobaLink Securities Inc will make an attempt to notify you of the execution of your order via an automated system. The inability of GlobaLink Securities Inc to contact you via automated notification does not remove the obligation upon you to make payment by settlement date. Again, YOU UNDERSTAND THAT YOU MUST MONITOR THE STATUS OF YOUR ORDERS AT ALL TIMES. GlobaLink Securities Inc will not be held responsible for losses, financial or otherwise, resulting from your failure to advise GlobaLink Securities Inc that a prior unexecuted open order is being canceled or changed. GlobaLink Securities Inc will not be held responsible for cancel requests resulting in “too late to cancel.” GlobaLink Securities Inc will not be responsible for orders canceled by an exchange, market, or other execution center.
You understand that each participating national securities exchange or association asserts a proprietary interest in all of the market data it furnishes to the parties that disseminate the data. You also understand that neither any participating national securities exchange or association nor any supplier of market data guarantees the timeliness, sequence, accuracy or completeness of market data or any other market information, or messages disseminated by any party. Neither GlobaLink Securities Inc nor any disseminating party shall be liable in any way, and you agree to indemnify and hold harmless GlobaLink Securities Inc and our clearing agent, and such disseminating party, for any inaccuracy, error, or delay in, or omission of any such data, information, or message or the transmission or delivery of any such data, information, or message; or any loss or damage arising from or occasioned by any such inaccuracy, error, delay, or omission, non-performance, or interruption of any such data, information, or message, due either to any negligent act or omission by GlobaLink Securities Inc or any disseminating party or to any extraordinary conditions (i.e., flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications, power failure or equipment or software malfunction) or any other cause beyond the reasonable control of GlobaLink Securities Inc or any disseminating party. You understand that the terms of this Agreement may be enforced directly against you by the national securities exchanges and associations providing market data. You shall use quotes only for your individual use and shall not furnish such data to any other person or entity.
Requests for Cancellations; Late and Corrected Reports
GlobaLink Securities Inc cannot guarantee the cancellation of orders. Cancellations made during market hours will only be attempted if matched up with the corresponding order prior to GlobaLink Securities Inc having received an execution report. Cancellations of market orders during market hours are rarely possible.
Do not assume that an order has been executed until you receive confirmation of execution by GlobaLink Securities Inc. Please note that on occasion, GlobaLink Securities Inc receives late reports from exchanges and market makers of the status of transactions and that GlobaLink Securities Inc will forward reports as they are available and will correct posting of trades that were previously unreported to you or reported as cancelled, expired, or executed. GlobaLink Securities Inc, upon receipt of a correction of an erroneous execution report from a market center, may change your execution price to the correct execution price.
Extraordinary Events; Technical Malfunction
You specifically agree to hold GlobaLink Securities Inc and our clearing agent harmless from any and all claims, and agree that GlobaLink Securities Inc and our clearing agent shall not be liable for any loss, actual or perceived, caused directly or indirectly by government restriction, exchange or market regulation, suspension of trading, war, strike, equipment failure, communication line failure, system failure, security failure on the Internet, unauthorized access, theft, or any problem, technological or otherwise, that might prevent you from entering, or from GlobaLink Securities Inc executing an order, or other conditions beyond our control. You further agree and understand that you will not be compensated by GlobaLink Securities Inc for “lost opportunity,” e.g., you were unable to enter an order due to technical difficulties and the stock you wished to purchase increased in value. Furthermore, in a technical environment, should an error occur with respect to the tracking of any account holding or order entry, GlobaLink Securities Inc reserves the right to correct the transaction or position at its sole discretion, if you do not immediately notify GlobaLink Securities Inc of the discrepancy. It is your responsibility to ensure account correctness and accuracy and to contact GlobaLink Securities Inc immediately with any discrepancies.
If any provision of this agreement is held to be unenforceable, the remaining provisions will remain in effect.
You understand that entering orders through GlobaLink Securities Inc Online Investing service does not guarantee execution of orders and GlobaLink Securities Inc its affiliates, subsidiaries and employees will not be held liable for orders that do not get executed. You understand that GlobaLink Securities Inc, the exchanges and other market centers have the right to break or correct any executed transaction when the trade is “clearly erroneous”. You agree that GlobaLink Securities Inc may use its discretion in selecting the market in which to route your orders.
You agree that all online orders entered by you are unsolicited and based upon your investment decisions. You are solely responsible for orders entered online and will not hold GlobaLink Securities Inc its affiliates, subsidiaries or employees liable for investment decisions made. GlobaLink Securities Inc will not recognize the receipt of any order electronically transmitted by you until we have actual knowledge of such order.
Payment for Order Flow Policy
At this time GlobaLink Securities, Inc. (GlobaLink), does not accept any Payment/Compensation for Directing Order Flow.