|
TERMS AND CONDITIONS
These are the terms and conditions of your brokerage account with MyStockFund Securities, Inc. ("MyStockFund"). Please read this document carefully. Please retain this document for future reference, and note that this document is subject to change upon notice to you via posting on the MyStockFund website at www.MyStockFund.com or otherwise in writing.
In consideration for MyStockFund opening and maintaining this account, you agree to the terms and conditions contained in this Agreement, as amended from time to time at the discretion of MyStockFund.
- Account Registration Form. To participate, you must complete, sign, and mail an Account Registration Form to MyStockFund. You warrant and represent that the information that you supply in your Account Registration Form (or other information that MyStockFund may require) is accurate and truthful.
-
Purchases. Purchase orders are routed to the marketplace for execution once per month (on the MyFundBuilder purchase date) except in the case of dividend reinvestments, which will occur on or about the dividend pay date.
You understand that any purchase orders you enter will be in dollar amounts and not specific numbers of shares. Upon execution, your account may be credited for whole and fractional shares (up to four decimal places). Fractional shares in your account cannot be transferred out of MyStockFund. In lieu of transferring fractional shares, you will receive the then market value of such fractional interest in the shares.
Funds for stock purchases will be automatically debited from the bank, credit union, or other financial institution account of your choosing, and credited to your MyStockFund Account no less than five (5) business days prior to the purchase date. No purchase orders will be executed unless sufficient funds (equal to or greater than the total requested investment amount) are in your MyStockFund account prior to the purchase date. Funds are moved electronically via Account Clearing House ("ACH") transfer.
Any order inadvertently accepted and/or executed without sufficient funds in the account will be subject, at MyStockFund's discretion, to cancellation or liquidation without prior notification. In the event your account is liquidated, you will be liable for any resulting losses and all associated costs incurred by MyStockFund.
If MyStockFund does not receive credit for an ACH transfer because of insufficient funds or invalid account information, MyStockFund is authorized to deem requested purchases void and immediately remove from your account the previously posted credit of such funds. Fees may apply.
Purchase request for stock symbols that do not exist at the purchase date will not be executed. This includes shares in companies that have been merged, acquired or changed for any other reason.
If the purchase of securities is done over several transactions at various prices, the price that you will pay for such securities will equal the average weighted price of the several purchase orders.
No limit orders will be accepted for stock purchases.
The purchase of penny stocks is not permitted.
-
Sells. Sell orders are routed to the marketplace on the same date and approximate time you submit the order (subject to market hours). All sell orders must specify the number of shares to be sold.
Currently all sell orders are entered as market orders.
MyStockFund requires that stock certificates be in your account and in good deliverable form prior to the acceptance of a sell order. Any order inadvertently accepted without negotiable certificates in the account will be subject, at MyStockFund's discretion, to cancellation or buy-in, and you agree to be responsible for any cost or loss MyStockFund may incur. You also understand that you will receive the price at which your order executes in the marketplace, which may be different from the price at which the security is trading when your order is entered into our system.
You understand and agree that MyStockFund does not permit selling securities "short" or margin accounts.
The proceeds of all sales will be retained in your account unless you request otherwise. You may withdraw cash from your account upon request to MyStockFund.
-
Automatic Dividend Reinvestment. For members participating in the Dividend Reinvestment option, all cash dividends will be credited to your account(s) on the dividend payment date. Those cash dividends will subsequently be debited from your account(s) and routed to the marketplace to purchase the appropriate number of shares. Those shares will then be credited to your account(s) on the payment date or as promptly thereafter as possible. Any portion of the cash dividend that is not used for the purchase of additional shares will remain credited to your account(s). You understand that you can change your choice at anytime. If you liquidate your entire position of that security after the record date, the cash dividends will be credited to and held in your account. You also understand that all confirmations relating to the reinvestment of dividends and money market fund redemptions will be provided only in your monthly account statement. You may change your choice regarding participation in the automatic dividend reinvestment program by clicking on the 'Manage My Account' button bar, going to the 'Administer My Account' section, and indicating your choice on 'Change Dividend Option'.
-
Order Change Requests. You may change the dollar amount to be moved by ACH transfer up to five (5) business days prior to the purchase date.
You may change the dollar amount you want to invest per security (as long as the total investment amount does not exceed the available cash in your account) up to 12:00 midnight, Eastern Standard Time, the day before the purchase date.
You may change the securities in which you want to invest (including adding more symbols or deleting pending orders) up to 12:00 midnight, Eastern Standard Time, the day before the purchase date (as long as the total investment amount does not exceed the available cash in your account).
You may make these changes by indicating your choices in the 'MyFundBuilder' section of the Site.
-
Order Cancellation Requests. Canceling a purchase request may be done by 12:00 midnight, Eastern Standard Time, the day before the purchase date. Sell orders are routed to the marketplace immediately upon your submission of the request, and are entered as market orders. Therefore, the cancellation of a sell order submitted during market hours is not guaranteed and is on a best efforts basis only.
-
Applicable Rules and Regulations. All transactions in your account are subject to the constitution, rules, regulations, customs and usages of the exchange or market, and its clearing house, if any, where the transactions are executed by MyStockFund or its agents. Also, transactions are subject to the rules and regulations of the Securities and Exchange Commission and any applicable self-regulatory organization.
-
Restricted Securities. MyStockFund does not handle the sale of restricted securities. You are responsible for all costs associated with compliance or failure to comply with all the requirements of Rules 144 and 145(d) for any such intentional or unintentional sale.
-
MyStockFund as Agent. You understand that MyStockFund is acting as your agent unless MyStockFund notifies you, electronically or in writing, before the settlement date for the transaction that MyStockFund is acting as a dealer for its own account or as agent for some other person.
-
Transaction Confirmations, Account Statements, Notices and Other Communications. It is your responsibility to review upon first receipt, all confirmations of transactions and account statements. Transactions shall be binding upon you, if you do not object, either in writing or via electronic mail, within five (5) days after the confirmation or account statement is first received by you. In all cases, MyStockFund reserves the right to determine the validity of your objection to a transaction or information contained in your account statement.
-
Stock Certificates. You are entitled, upon paying any applicable fees to receive physical delivery of fully paid securities in your account. Stock certificates cannot be issued for fractional shares.
-
SIPC and Other Insurance Coverage. MyStockFund is a member of the Securities Investor Protection Corporation ("SIPC"). SIPC protects the assets in each of your accounts up to $500,000, of which no more than $100,000 may be in cash. (Please note that money market balances are not considered cash; they are securities.) Account protection does not cover the market risks associated with investing.
-
No Investment Advice. You acknowledge that MyStockFund will not provide you with any legal, tax or accounting advice or advice regarding the suitability or profitability of a security or investment. You assume full responsibility for transactions in or for your account and your investment decisions. MyStockFund and its officers, directors, employees, agents and affiliates will have no liability for transactions in or for your account and your investment decisions.
-
Member's Responsibility. Certain securities may grant the owner valuable rights that may expire unless the owner takes action. These securities include, but are not limited to warrants, stock purchase rights, convertible securities and securities subject to a tender or exchange offer. You are responsible for knowing the rights and terms of all securities in your account. MyStockFund is not obligated to notify you of any upcoming expiration or redemption dates, or to take any other action on your behalf, without specific instructions from you, except as required by law and applicable rules of regulatory authorities. However, if any such security is about to expire worthless or be redeemed for significantly less than its fair market value, and we have not received instructions from you, MyStockFund may, at its discretion, sell the security and credit your account with the proceeds.
Similarly, you are responsible for knowing about reorganizations related to securities, which you own, including but not limited to stock splits and reverse stock splits. MyStockFund is not obligated to notify you of any such reorganization.
-
Commissions and Fees. You agree to pay our brokerage commissions and other fees as they apply to your account, transactions, and services you receive. A fee and commission table is available on the Site.
-
Satisfaction of Indebtedness. You agree to satisfy, upon demand, any indebtedness, and to pay any debit balance in any of your accounts. The reasonable costs and expenses of collection of any such indebtedness or debit balance, including but not limited to attorney's fees, will be payable by you to MyStockFund.
-
Liens. All of your securities and/or other property in any account in which you have an interest will be subject to a lien for the discharge of any and all indebtedness or any other obligation you may have to MyStockFund. In enforcing its lien, MyStockFund at its sole discretion may determine which securities and/or other property are to be sold.
-
Restrictions on Trading. You understand MyStockFund may at any time, at its sole discretion and without prior notice to you, prohibit or restrict your ability to trade securities, or to substitute securities, in your account.
-
SEC Rule 14B-1(C). Pursuant to Rule 14b-1(c) under the Securities Exchange Act of 1934, as amended, MyStockFund is required to disclose to an issuer the name, address and position of its members who are beneficial owners of that issuer's securities unless you notify MyStockFund in writing of your objection.
-
Telephone Recording. You understand and agree that for our mutual protection, MyStockFund may electronically record any of your telephone conversations with MyStockFund. You may not place orders by telephone (only online), but you may contact a member care representative by telephone in order to ask questions about your account or get more information about MyStockFund.
-
Joint Accounts. Any joint holder may individually, without notice to the other joint holders, authorize MyStockFund to buy, sell, tender, or exchange securities in the account and to transfer any monies or securities into the account. However, separate written instructions, signed by all account holders, are required to disperse or transfer any assets out of the account in a form or to an account not bearing the identical registration of the MyStockFund account.
Unless the joint owners notify us otherwise and provide us such documentation as we may require, we may presume that it is the express intention of the joint owners to hold the account as joint tenants with rights of survivorship. In the event of the death of any of the joint owners, the entire interest in the account shall be vested in the surviving joint owner(s) on the same terms and conditions as theretofore held, without in any manner releasing the deceased joint owner's estate from liability.
We reserve the right to require written instructions from all account holders, at our discretion.
-
Professional Affiliation. You agree to promptly notify MyStockFund in writing if you are now or if you become: (a) registered or qualified with the Securities and Exchange Commission, the Commodities Futures Trading Commission, any state securities agency, any securities exchange or association, or any commodities or futures contract market or association; (b) engaged as an "investment advisor" as that term is defined in Section 202(a)(11) of the Investment Advisors Act of 1940; or (c) employed by a bank or other organization exempt from registration under federal and/or state securities laws to perform functions that would require you to be so registered or qualified if you were to perform such functions for an organization not so exempt.
-
Subscription Rights. You will be notified of any subscription rights, which are received by MyStockFund for your account.
-
Payment for Order Flow. The Securities and Exchange Commission as well as the National Association of Securities Dealers, Inc. ("NASD") require that all broker/dealers inform their members, when a new account is opened, on an annual basis thereafter, and on confirmations, of payment for order flow practices (compensation received by placing orders through "market makers" and specialists on registered US exchanges). Certain execution destinations provide BNYCS/MSF with remuneration for directing order flow to such destinations. Further information about the source and nature of the compensation for a particular transaction will be provided upon written request.
This is an accepted industry practice, and at all times we are committed to achieving the best execution for our clients.
-
Market 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, nor messages disseminated by any party. Neither MyStockFund nor any disseminating party shall be liable in any way, and you agree to indemnify and hold harmless MyStockFund and such disseminating party, for (a) any inaccuracy, error or delay in, or omission of (i) any such data, information or message or (ii) the transmission or delivery of any such data, information or message; or (b) any loss or damage arising from or occasioned by (i) any such inaccuracy, error, delay or omission, (ii) non-performance, or (iii) interruption of any such data, information or message, due either to any negligent act or omission by MyStockFund or any disseminating party or to any "force majeure" (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 MyStockFund 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.
-
Online Service. You will use MyStockFund only in accordance with this Agreement and any additional services offered through MyStockFund in the future will only be used in accordance with this Agreement. You will be responsible for the confidentiality and use of your user
identification name and sign-on password. You understand that you will be solely responsible for all orders entered through MyStockFund using your user identification name and sign-on password.
You further understand and agree that, as a condition of using MyStockFund to place orders and/or send information, you will immediately notify MyStockFund if: (a) you have received acknowledgment of an execution for an order which you did not place or any similar conflict; or (b) you become aware of any unauthorized use of your User identification name or sign-on password.
If you fail to notify MyStockFund as soon as possible when any of the above conditions occur, neither MyStockFund 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 MYSTOCKFUND 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 MYSTOCKFUND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree that MyStockFund and its affiliates will not be liable for any losses resulting from a cause over which MyStockFund or its affiliates does not have direct control, including but not limited to the failure of computer, electronic or mechanical equipment or communication lines, the Internet, 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.
You agree that MyStockFund may modify the terms of this Agreement, in whole or in part, upon notice to you through posting on the Site, or otherwise in writing.
-
Money Market Fund. , Cash balances over $1000.00 will be automatically invested in a money market fund. . Subsequently, additional cash deposits, proceeds from the sale of securities, unless a check is requested and no other funds are available, will be swept into the fund weekly, provided that the securities sold have been received in good deliverable form prior to settlement date. Credit balances needed to satisfy a settling transaction are not available for investment or disbursement.
Minimum increments may be required for subsequent investments in the funds. Your monthly account statement will reflect all money market fund activity. Investments in money market funds are subject to restrictions, charges and expenses described in a prospectus, which you should read carefully.
-
Extraordinary Events. MyStockFund and/or its agents will not be liable for losses caused directly or indirectly by government restriction, exchange or market rulings, suspension of trading, computer, network or telecommunications failure, war, earthquakes, floods, strikes or any other conditions beyond MyStockFund's control.
-
Termination of Accounts. You may close your account at any time by giving us written notice. MyStockFund may terminate your account at any time and for any reason. Closing an account will not affect rights and obligations of either party incurred or arising from transactions initiated under the Agreement prior to the termination, including provisions regarding arbitration, which will survive the termination of this Agreement.
-
Severability. If any provision of this Agreement is held to be invalid, void or unenforceable by reason of any law, rule, administrative order or judicial decision, that determination will not affect the validity of the remaining provisions of this Agreement.
-
Waiver. Except as specifically permitted in this Agreement, no provision of this Agreement can be, nor be deemed to be, waived, altered, modified or amended unless agreed to in writing signed by an authorized officer of MyStockFund.
-
Successors. You agree that this Agreement and all its terms will be binding upon your heirs, executors, administrators, personal representatives and assigns. This Agreement will inure to the benefit of MyStockFund and its successors, assigns and agents. MyStockFund may assign its rights and duties under this Agreement to any of its subsidiaries or affiliates without giving you notice, or to any other entity upon prior written notice to you.
-
Entire Understanding. This Agreement, together with all other written agreements between you and MyStockFund related to your account and terms contained on statements and confirmations, sent to you, contains the entire understanding between you and MyStockFund concerning the subject matter of this Agreement. You may not assign your rights and obligations hereunder without first obtaining the prior written consent of MyStockFund.
AGREEMENT TO ARBITRATE:
-
ARBITRATION IS FINAL AND BINDING ON THE PARTIES.
-
THE PARTIES ARE WAIVING THEIR RIGHT TO SEEK REMEDIES IN COURT, INCLUDING THE RIGHT TO JURY TRIAL.
-
PRE-ARBITRATION DISCOVERY IS GENERALLY MORE LIMITED THAN AND DIFFERENT FROM COURT PROCEEDINGS.
-
THE ARBITRATORS' AWARD IS NOT REQUIRED TO INCLUDE FACTUAL FINDINGS OR LEGAL REASONING AND ANY PARTYS' RIGHT TO APPEAL OR TO SEEK MODIFICATION OF RULINGS BY THE ARBITRATORS IS STRICTLY LIMITED.
-
THE PANEL OF ARBITRATORS WILL TYPICALLY INCLUDE A MINORITY OF ARBITRATORS WHO WERE OR ARE AFFILIATED WITH THE SECURITIES INDUSTRY.
You agree to arbitrate any controversy between you and MyStockFund or any of its officers, directors, employees, agents or affiliates arising out of or relating in any way to your account, including but not limited to; transactions of any kind or the performance, construction, or breach of this agreement or any other written agreement between you and MyStockFund. Such arbitration shall be conducted in accordance with the Code of Arbitration Procedure of the National Association of Securities Dealers, Inc. as then in effect. You understand that the judgment upon any award rendered by the arbitrators may be entered in any court having jurisdiction thereof.
No person will bring a putative or certified class action to arbitration, nor seek to enforce any pre-dispute arbitration agreement against any person who has initiated in court a putative class action; or who is a member of a putative class who has not opted out of the class with respect to any claims encompassed by the putative class action until: (1) the class certification is denied; (2) the class is decertified; or (3) the member is excluded from the class by the court.
Such forbearance to enforce an agreement to arbitrate shall not constitute a waiver of any rights under this Agreement except to the extent stated herein.
If you are not residing in the United States at the time of any controversy between yourself and MyStockFund subject to this arbitration agreement, you agree to the provisions discussed above and the following additional provisions: (1) You agree that the rules of the organization administering the arbitration, namely the National Association of Securities Dealers, Inc., specifically provides for the designation of the place where the arbitration is to take place; (2) You agree to the personal jurisdiction of the courts of New Castle County located in the State of Delaware, U.S.A. to interpret and enforce these arbitration provisions described in this Agreement; and (3) All arbitrations shall be held in the English language, unless otherwise agreed to by the parties.
|