Common use of Electronic Security Clause in Contracts

Electronic Security. I understand that I will receive or select a username and password (collectively, “PINs”) that provide electronic access to My Account. 1) I understand and agree that My Account numbers and PINs are confidential and I am responsible for the confidentiality, protection and use of them. I understand that I should not grant access to My Account to any third party and that granting such access is done solely at My risk. I agree to defend, indemnify and hold You and Your affiliates harmless from and against any Losses (as defined below) arising out of or relating to My granting access to My Account to a third party or authorizing or allowing third parties to gain access to and use Your Services. Ustocktrade Securities does not warrant against loss of use or any direct, indirect or consequential damages or losses to Me caused by My grant of access to My Account to a third party or My authorization or assent, express or implied, to a third party accessing My Account, including access provided through any other third party systems or sites. 2) I agree and accept full responsibility for monitoring and safeguarding My Account and access to My Account. I am responsible for all activity in My Account. 3) I agree to immediately notify You if I become aware of: (i) any loss, theft, or unauthorized access or use of My PINs or Account numbers; (ii) any failure by Me to receive a message from You; (iii) any failure by Me to receive an accurate confirmation of an execution; (iv) any receipt by Me of confirmation of an order, execution and/or cancellation that I did not place; or (v) any inaccurate information relating to My Account (e.g., balances, deposits, withdrawals, securities positions or transaction history). 4) Each of the events described in subsections (J)(3)(i)­(v) shall be deemed a “Potential Fraudulent Event.” I agree that, in the event of a Potential Fraudulent Event, I will notify You promptly, and in no event more than 24 hours, after I discover such Potential Fraudulent Event. I agree that in the event of a Potential Fraudulent Event, I will report such fraudulent occurrence promptly to the legal authorities, if so instructed by You. Further, I agree to provide a copy of any report prepared by legal authorities to You on request. I agree to cooperate fully with the legal authorities and with You in any investigation of such Potential Fraudulent Event and I will complete any requested affidavits promptly, accurately and thoroughly. I understand that, if I fail to do any of these things, I may encounter delays in regaining access to the funds in My Account and the functionality of the Trading System. I agree to indemnify and hold You and Your affiliates harmless from and against any Losses (defined below) arising out of or relating to a Potential Fraudulent Event. I understand that the use and storage of any information related to My Account including, without limitation, My Account numbers, PINs, position information, transaction activity, orders, Account balances and any other Account related information on My personal computer or other electronic device is at My own risk and is My sole responsibility. I agree to be responsible for all activities in My Account and You may assume that I have authorized any orders or instructions that are received under My Account number and PINs.

Appears in 1 contract

Sources: Brokerage Account Agreement

Electronic Security. I understand that I will receive or select a username and password (collectively, “PINs”) that provide electronic access to My Account. 1) I understand and agree that My Account numbers and PINs are confidential and I am responsible for the confidentiality, protection and use of them. I understand that I should not grant access to My Account to any third party and that granting such access is done solely at My risk. I agree to defend, indemnify and hold You and Your affiliates harmless from and against any Losses (as defined below) arising out of or relating to My granting access to My Account to a third party or authorizing or allowing third parties to gain access to and use Your Services. Ustocktrade Securities does not warrant against loss of use or any direct, indirect or consequential damages or losses to Me caused by My grant of access to My Account to a third party or My authorization or assent, express or implied, to a third party accessing My Account, including access provided through any other third party systems or sites. 2) I agree and accept full responsibility for monitoring and safeguarding My Account and access to My Account. I am responsible for all activity in My Account. 3) I agree to immediately notify You if I become aware of: (i) any loss, theft, or unauthorized access or use of My PINs or Account numbers; (ii) any failure by Me to receive a message from You; (iii) any failure by Me to receive an accurate confirmation of an execution; (iv) any receipt by Me of confirmation of an order, execution and/or cancellation that I did not place; or (v) any inaccurate information relating to My Account (e.g., balances, deposits, withdrawals, securities positions or transaction history). 4) Each of the events described in subsections (J)(3)(i)­(vJ)(3)(i)-(v) shall be deemed a “Potential Fraudulent Event.” I agree that, in the event of a Potential Fraudulent Event, I will notify You promptly, and in no event more than 24 hours, after I discover such Potential Fraudulent Event. I agree that in the event of a Potential Fraudulent Event, I will report such fraudulent occurrence promptly to the legal authorities, if so instructed by You. Further, I agree to provide a copy of any report prepared by legal authorities to You on request. I agree to cooperate fully with the legal authorities and with You in any investigation of such Potential Fraudulent Event and I will complete any requested affidavits promptly, accurately and thoroughly. I understand that, if I fail to do any of these things, I may encounter delays in regaining access to the funds in My Account and the functionality of the Trading System. I agree to indemnify and hold You and Your affiliates harmless from and against any Losses (defined below) arising out of or relating to a Potential Fraudulent Event. I understand that the use and storage of any information related to My Account including, without limitation, My Account numbers, PINs, position information, transaction activity, orders, Account balances and any other Account related information on My personal computer or other electronic device is at My own risk and is My sole responsibility. I agree to be responsible for all activities in My Account and You may assume that I have authorized any orders or instructions that are received under My Account number and PINs.

Appears in 1 contract

Sources: Brokerage Customer Account Agreement