M&T Securities Web Trading Terms and Conditions Agreement
M&T Securities Web Trading Terms and Conditions Agreement
- This User Agreement governs my use of the Site, the Service and the Content (as those terms are defined below). I agree to read this User Agreement carefully before I continue to use the Site. I understand that this User Agreement is a binding agreement between M&T Securities and me and supersedes any agreement previously in effect with respect to this Site. I agree to retain a copy of this User Agreement for future reference.
- I understand that each account linked to the Service will continue to be subject to the terms and conditions of the agreements I or the account owner have entered into with you and/or Pershing for such account. I will refer to those agreements and any applicable disclosures for terms and conditions relating to the use of such accounts that may affect the use of the Site or the Service. I understand that the terms of this User Agreement relating to the use of the Site or the Service will control if there are any irreconcilable conflicts between the terms of those agreements and this User Agreement.
2. Accepting This User Agreement
- I will carefully read, understand and accept the terms and conditions of this User Agreement before I click "I AGREE" at the end of this User Agreement. I understand that clicking "I AGREE" at the end of this User Agreement is the legal equivalent of my manually signing this User Agreement, and I will be legally bound by its terms and conditions.
- Each time I use the Site or the Service, my use constitutes my acceptance of the terms and conditions of this User Agreement and is subject to the terms or instructions appearing on help screens or on-line at the time I use the Service (the "Online Instructions").
3. Terms and Definitions used in this User Agreement.
"Authorized person" means any individual to whom an owner of the account has given written authorization to place trades in the account.
"Business day" means Monday through Friday excluding stock exchange holidays. Although M&T Securities may conduct business on bank holidays, bank holidays will not be considered business days for purposes related to banking services.
"Content" means any information, data, tools, products, services and other content available on or through the Site.
"Customer Service" means the M&T Securities Customer Service unit that can be reached any business day during the hours of 8:30 am to 5:00 pm EST at 1-800-724-7788.
"Daytime trading session" generally means a trading session that occurs between the hours of 9:30 a.m. to 4:00 p.m. Eastern Time on a day that the stock exchanges are open for business.
"I," "me," "my," etc. means each individual who accepts this agreement.
"M&T Bank" means Manufacturers and Traders Trust Company, One M&T Plaza, Buffalo, New York 14240.
"M&T Securities" means M&T Securities, Inc., 285 Delaware Ave, Suite 2000, Buffalo, NY 14202. M&T Securities is a brokerage subsidiary of M&T Bank and a member of the Financial Industry Regulatory Authority ("FINRA") and the Securities Investor Protection Corporation ("SIPC").
"Market data" means quotations, transactions and last sale information disseminated by data providers in accordance with federal securities regulations, and all information based on any such information.
"My account" means an M&T Securities account opened in my name or over which I have been granted trading authority by an owner of the account.
"Pershing" means Pershing LLC, a subsidiary of The Bank of New York Mellon Corporation, member of FINRA and SIPC. Pershing is the clearing broker for securities brokerage accounts opened by M&T Securities customers.
"Service" means the Internet securities brokerage service M&T Web Trading and other financial services functions which are now available or are available some time in the future through use of the Site.
"Site" means the Web site located at the URL http://brokerage.mandtbank.com.
"You" or "your" means, as the context requires, M&T Securities, its affiliates and subsidiaries, and their respective officers, directors, employees, agents and licensors.
- I understand and agree that my account is subject to the fees described in the M&T Securities Fee Schedule. I understand and agree that you may change the fee schedule from time to time and that, upon notification of the new fee schedule, I am bound by the new fee schedule. I am aware that I can find a copy of the current fee schedule by visiting the Customer Service section on the Site or by contacting Customer Service directly.
5. Computer and Software.
- To access the Site, I must have a personal computer with access to the Internet ("Equipment") and a supported software product that allows me to browse the Internet through an Internet Service Provider (the "Software"). It is my responsibility to maintain, at my expense, my Equipment, Software and access to the Internet. You are not responsible for errors or failures from any malfunction of my Equipment or Software or for any computer virus, worms, Trojan horses or other similar harmful components that may affect or cause damage to my Equipment or Software that may result, directly or indirectly, from my use of the Site or the Service.
6. Third parties own some Content, some of which may be affiliates of M&T Securities; the rest of the Site is owned by M&T Securities.
- I understand that the Site is protected by copyrights, patents, database rights, trademarks, service marks and by other intellectual property and proprietary rights that are owned by M&T Securities, its affiliates, and unaffiliated third parties. Each affiliate and third party provider of Content maintains all copyrights, patents, database rights, trademarks, service marks and any other intellectual property and proprietary rights that it may have in any Content.
- I understand that I may not modify, adapt, translate, rent, sublicense, assign, loan, resell for profit or distribute all or any portion of the Site or the Content. I may not publish, broadcast, retransmit, reproduce, commercially exploit, create any derivative of or otherwise disseminate all or any portion of the Site or the Content except as explicitly permitted in this User Agreement. I understand that each data provider asserts a proprietary interest in all of the market data it furnishes to the parties that disseminate the data. I agree to use the Content, including real-time quotes and other market data, only for my individual non-business use. I agree not to provide market data to any person or entity. I understand that the data providers may enforce the terms of this User Agreement directly against me.
- I may print copies of any accessible portion or portions of the Site only for my own personal use. I may discuss information that I learn from the Site with my financial, legal or tax advisors, and others with whom I share investment decisions.
- I may not, and am solely responsible for ensuring that my authorized person does not, remove any copyright, trademark or other proprietary notice or legend contained on (or printed from) the Site.
- M&T Securities, M&T Web Trading, and other names and indicia of M&T Securities, its products and/or services, are trademarks and service marks or registered trademarks and service marks exclusively owned by M&T Securities or its affiliates. Other product and company names appearing on the Site may be trademarks or service marks of their respective owners.
7. You are not responsible for information appearing on the Site or on any third party Web site that is accessible from or is connected by hyperlink to the Site.
- I understand that Content includes information and data obtained from sources and data providers outside of M&T Securities. I understand that neither you nor any data provider guarantees or makes any warranty of any kind, express or implied, regarding the timeliness, sequence, accuracy, currency, completeness or usefulness of any data (including real-time quotes), information, commentary, recommendations, advice, investment ideas or other materials that may be accessed by me through the Services (collectively, the "Information"). I agree that M&T Securities is not liable for any losses (including lost opportunity or profits) arising out of or relating to (a) any inaccuracy, defect or omission of such Information, (b) any error or delay in the transmission of such Information, or (c) interruption in any such Information due to any cause beyond the control of M&T Securities. If I choose to rely on such Information, I do so at my own risk.
- In the event I use the services or the links included on the Site to gain access to a World Wide Web site or Internet location or source of information of any company, organization or person other than M&T Securities ("Third Party Site"), I do so at my own risk. I acknowledge that such Third Party Sites or locations have not been developed by and are not under the control of M&T Securities and agree that M&T Securities shall not be responsible for any information or other links found at any such Third Party Site or Internet location or source of information, or for my use of such information.
- I understand that M&T Securities provides such links only as a convenience to me, and has not tested any software or verified any information found at such Third Party Sites, including the content of any prospectus or sales literature contained on such sites (except with respect to a prospectus or sales literature prepared by M&T Securities).
- I understand that the fact that M&T Securities has provided a link to another site does not signify an endorsement of the site or its contents by M&T Securities or constitute a recommendation by M&T Securities of any security referenced on the site. Additionally, hyperlinks to or from the Site do not constitute third party endorsement, sponsorship or affiliation of, with or by you.
8. Nothing on the Site is a recommendation that I purchase, sell or hold any security, or (unless explicitly stated) is an offer or a solicitation of an offer to purchase or sell any security.
- I understand that all Content is for informational purposes only.
- I understand that nothing on the Site is an offer to buy or sell securities unless an offer is explicitly made through the availability of a prospectus or other official offering document.
- I understand that the research, analysis, news or other information made available through the Site is not personalized or in any way tailored to take into account my personal financial situation or investment objectives and the securities and investment strategies discussed may not be suitable for me. I should not consider anything I find on the Site to be a recommendation or advice that I buy, sell, hold or otherwise invest in an individual security, investment or investment style or strategy. I understand that you provide no determination of suitability regarding any investment I make based on such information. I acknowledge and agree that my decision to use any information, services or products available on or through the Site or to take any action or refrain from taking any action as a result of my use of this Site will be my decision alone, based solely on my own evaluation of my financial circumstances, my investment objectives and the nature, potential value and suitability of the transactions I make, and will be made independently of, and without relying on, any recommendation of or solicitation by M&T Securities or any of its registered representatives. I understand that I may lose money if I make investments based on such information.
- I understand that you do not give individualized investment recommendations, accounting, tax or legal advice on or through the Site.
- THE PAST PERFORMANCE OF ANY INVESTMENT, INVESTMENT STRATEGY OR INVESTMENT STYLE IS NOT INDICATIVE OF FUTURE PERFORMANCE.
9. You will provide information about my account to the extent that such information is available. However, this information is not all-inclusive, nor is it intended to provide an official record of my account.
- I may use the Site to access information about my account. I understand that Pershing will attempt to update account transaction history and portfolio values (to the extent that information about such values is available from pricing sources used by Pershing) by the next business day.
- I understand that the information provided is not all-inclusive and is not intended to provide an official record of my account. Information about some investments in my account may not be available on this Site.
- I understand that I may use this Site to obtain quotes for stocks listed on the New York Stock Exchange ("NYSE"), the American Stock Exchange, or NASDAQ; and options via the Options Price Reporting Authority ("OPRA").
- I understand that all quotes on this Site will be delayed by at least 20 minutes unless I am eligible for, and specifically request, real-time quotes. I understand that if I specifically request real-time quotes, you will attempt to provide me with more current information as available from your third-party vendors. I understand that real-time quotes will not include after hours trading in the security (trading that occurs after the close of the daytime trading session).
- To apply for real-time quotes, I should contact Customer Service directly. In order to be eligible for real-time quotes, I must meet certain commission minimums set by M&T Securities. You reserve the right to use your discretion when giving real-time quotes to my account.
- When requested after the daytime trading session has ended, or on days when an exchange is not in session, the quotes provided will be as of the closing of the most recent daytime trading session.
- I understand that trades may only be placed during the daytime trading session. I further understand that trades requested on this Site will be processed as soon as reasonably practicable. I understand that you may not review all trade orders before you process them; however, you may, at your discretion, hold orders for manual review by a designated principal of M&T Securities ("principal review"). I further understand that, when trade orders are held for manual review, it may cause a delay in the execution of my orders and may cause my orders to be executed at prices significantly higher or lower than the price quotes I obtained when I entered my order.
- I understand that you will treat any security order placed on this Site as unsolicited. Before I place a trade, I agree to assess whether the trade is appropriate for my investment goals and objectives, risk tolerance and financial profile.
- I acknowledge and agree that you will not be deemed to have received any order electronically transmitted by me until you have actual knowledge of such order. I understand that you reserve the right to refuse to process any transaction if my request is unclear or the transaction I request is not permitted in my account. I further understand that you reserve the right to refuse to process any transaction requested through this Site and/or block access to this Site if you have reason to believe that the instructions being given are unauthorized or the general security and/or integrity of the system is being compromised.
- I understand that, for some securities, there can be significant delays in accepting or executing client orders to buy or sell these securities. I understand that these delays may be caused by various factors, including the inability of the markets to absorb all orders at the same time and imbalances of buyers and sellers. I understand that systems constraints associated with the Internet may also delay the transmission, acceptance or execution of my order. If I experience such constraints, I understand that I can place trades directly by contacting Customer Service. I understand that a confirmation will be printed and mailed on the day after my trade to my address of record.
- I understand that trades placed after the close of a daytime trading session will be processed at the start of the next daytime trading session, and may be subject to principal review. I further understand that trades placed toward the end of a daytime trading session may be processed at the start of the next daytime trading session, and may be subject to principal review.
- Market volatility, market orders and limit orders.
" I understand that, when I place a market order to buy or sell a security through this Site, Pershing will attempt to obtain the best price available, taking into consideration then-prevailing market conditions in established markets in which my order may be executed. I acknowledge that if my order is entered at a time when trading for such security has been delayed or suspended, you will execute my order as promptly as possible when trading for such security commences or resumes.
" I understand that, whether I place a market or limit order, I will receive the price at which my order is executed in the market place. Particularly during periods of high volume, illiquidity, fast movement or volatility in the marketplace, the price at which my order is executed may differ from the price quoted when I entered the order, and I may receive partial executions ("multiple lots") of an order at different prices. I understand that you are not liable for any such price fluctuations. I understand that price quotes generally are for only a small number of shares as specified by the marketplace, and larger orders are relatively more likely to receive executions at prices that vary from the quotes or in multiple lots at different prices.
" I understand that trading in a security may open at a price substantially higher or lower than the previous closing price or the anticipated price. If I place a market order (whether during a daytime trading session or when the markets are closed), the price at which my order is executed may be significantly higher or lower than anticipated at the time I placed the order.
" To avoid buying a security at a higher price and possibly exceeding my purchasing power, or selling it at a lower price than I desire, I understand that I have the option to enter a limit order. By placing a limit order through this Site to buy or sell a security, I acknowledge my understanding that my limit order may not be executed at any particular time, or at all unless (a) the market price of the security reaches my limit order price and (b) my limit order has sufficient order priority and is otherwise permitted to be executed according to the rules and regulations of the established markets where the limit order is placed. I also understand that, under some market conditions or for certain securities, you may decline to accept any limit orders or limit orders above or below a particular price, and that a limit order placed on established markets that is not executed on such markets will not be entered automatically by you after the close of trading.
" The Site contains further information regarding order types and limitations, which I agree to read and understand before placing such orders.
- Good-til-Canceled and Day Orders. I understand that a Good-til-Canceled Order entered through this Site will remain open for a maximum of 120 days or until I give you instructions to cancel such order either on the Site or by calling Customer Service. I understand that a Day Order entered through this Site shall remain open only for the remainder of the daytime trading session on which the order is entered.
- I understand that sales orders will not be processed unless the stocks to be sold are in my account at the time I place the trade, or have been purchased for my account, subject to settlement. I understand that purchase orders may not be processed unless there are sufficient funds or margin available in my account. I agree that I am solely responsible for making sure that in my account there are: (a) sufficient funds, including funds available in my margin account (if I have a margin account) to complete any purchase order I place, or (b) sufficient shares to complete any sale order I place.
- I understand that I am responsible for reviewing my order status. I understand that order status may change for a variety of reasons, including, but not limited to, insufficient funds in my account, change in stock symbol, company reorganizations, and a change of the primary exchange for the stock. I understand that if I have any questions regarding the status of my order, I should contact Customer Service.
- Cancellation requests, order changes, late and corrected reports. I acknowledge that a cancellation instruction is only a request and, as such, cancellation of my order is not guaranteed. I understand that requests to cancel are processed on a best-efforts basis and you are not liable to me if you are not able to change or cancel an order. My order will be canceled only if my cancellation request is received in the marketplace and matched up with my existing order before the order is executed. The ability to cancel an order will be impacted significantly by the volume of trading in the particular security and the marketplace and market conditions as a whole, over which you have no control. I understand that market orders are subject to immediate execution and, as a general rule, cannot be canceled during market hours. I further understand that market orders and marketable limit orders placed prior to the opening of the market are subject to immediate execution at the opening of the market and cancellation requests placed shortly before trading begins may not be able to be carried out.
- If an order cannot be canceled or changed, I agree that I will be financially liable for the results of the original order I placed, including but not limited to any full or partial execution of the original order.
" I will not assume that an order has been executed, changed or canceled until I have verified this on the order status screen specifically indicating that the order has been executed, changed or canceled. I understand that, from time to time, you receive delayed reports of order executions, changes and/or cancellation request status from exchanges or market participants reporting the status of transactions. I will be subject to late reports of executions related to orders that were previously unreported to me or reported to me as being expired, canceled or executed. I further understand that any reporting or posting errors, including errors in execution prices, will be corrected to reflect what they actually were.
" I understand that I am responsible for knowing the status of my pending orders before entering additional orders. Any duplication by me of a pending order will be considered authorized and intended by me, even if the execution of the order exceeds my available funds or the purchasing power in my margin account. If I want to change an existing order, I agree to enter a change order. If I enter a cancellation request, I agree to wait for the order status screen to specifically indicate that my cancellation request has been effected before I enter a replacement order. By entering a change order, I can avoid the requirement of waiting for a verified cancel. I understand that repeated, successive change orders, particularly when an order is partially executed, may under some circumstances, result in trade inaccuracies on the order status screen. I will rely on official trade confirmations as the official records of transactions in my account, and I agree to contact you if I am unclear as to the status of an order.
- I understand that short sales are not permitted. You are authorized (but not required) to cancel a currently pending order of mine if the execution of such order through this Site would result in a short position in my account.
- I understand and agree that, if I enter an order to buy a security at a time when other buy orders I have placed with you are unexecuted, you are authorized (but not required) to cancel any of these orders that in the aggregate exceed my trading limit.
- The Type and Number of Securities, As Well As the Number and Size of Trades, May be Limited. I understand and agree that you may limit the number and type of securities traded through this Site, the dollar amount of securities I may buy or sell through this Site, and impose any other trading restriction at any time and without notice to me. I understand and agree that you may also limit the number of trades I may make each daytime trading session through this Site, the total number of shares that I may trade, and the types of securities that may be purchased and sold through this Site. I agree to contact Customer Service to determine any trading limitations or restrictions applicable to me.
- I agree that you are not responsible for any delay or failure to effect a transaction through this Site if my order is rejected for any reason permitted by this User Agreement.
- I understand that you recommend against my using this Site to day-trade in my account. I understand that day trading is a high-risk activity and is particularly inappropriate for someone of limited resources and limited investment or trading experience and low risk tolerance. I understand that the total daily commissions that I pay on my trades may add to my losses or significantly reduce my earnings.
- I understand that I may obtain more information about on-line trading by referring to www.SEC.gov and www.FINRA.org/investor.
12. I understand that you may have conflicts of interest with respect to any securities mentioned on the Site.
- M&T Securities, its affiliates, and/or their officers and employees may acquire, hold or sell a position in any securities mentioned on the Site, or have a corporate finance or advisory relationship with any companies mentioned on the Site.
- M&T Securities and its affiliates may act as a principal for their own accounts or as agents for both the buyer and seller in connection with the purchase or sale of any securities mentioned on the Site.
- Your affiliates, acting as investment advisors for accounts that they manage, may acquire, hold and sell any of the securities mentioned on the Site.
- Any opinion expressed on the Site may differ from opinions expressed by affiliates of M&T Securities.
14. You have the right to:
- Investigate any complaint or reported violation of your policies;
- Monitor and record activity on the Site for any reason;
- Report any activity that you suspect may violate any law or regulation to regulators, law enforcement officials or other persons or entities that you deem appropriate;
- Issue warnings, suspend or terminate use of the Site, deny access to all or part of the Site or take any other action that you deem appropriate.
15. I will follow directions carefully.
- If I have any questions or am unclear about any directions as to my use of the Site, I will contact Customer Service directly for assistance. You will not be responsible for any transaction if I do not properly follow all directions, including Online Instructions.
- I understand that transaction requests may only be made electronically in accordance with the Online Instructions provided on the Site. I further understand and agree that requests transmitted by e-mail, voice mail or any other means not specifically designated for that purpose will not be honored.
16. Other Sources of Account Information
- I understand that, if at any time I am unable to access this Site, I can still obtain information about my account, obtain market quotes and enter orders for stocks during M&T Securities regular business hours by calling Customer Service.
17. If you provide me with a passcode, I will keep it confidential.
- I will not permit anyone else to use my passcode. I understand that I am solely responsible for maintaining the confidentiality and security of my passcode. I agree that I will not disclose my passcode to any third party, including my authorized person.
- I understand that I am responsible for all acts and omissions relating to the use of the Service, including all orders entered through the Service using my passcode. I agree to change my passcode regularly and to keep it confidential.
18. I understand that I have a responsibility to notify Customer Service immediately if I discover any of the following:
- I have lost or forgotten my passcode, or my authorized person has lost the passcode you assigned to him or her;
- Any unauthorized person may have learned or used my passcode or the passcode assigned to my authorized person;
- I place an order through the Service and I do not receive an accurate acknowledgment of the order or its execution on the order status screen;
- I receive an acknowledgment of an execution of an order on the order status screen which I believe I did not place;
- Any information, including information about my account or transaction(s) in my account, appears to be inaccurate or incorrect;
- I do not receive written confirmation of a transaction;
- I receive a confirmation which is incorrect; or
- I receive a confirmation for a transaction I did not initiate.
19. I understand that I have various responsibilities when using the Site.
- I am responsible for all of my investment decisions, including investment decisions based on the Content. I AGREE THAT YOU ARE NOT LIABLE FOR ANY ACTION I TAKE OR ANY DECISION I MAKE IN RELIANCE ON ANY CONTENT.
- I represent and warrant that:
- I have full authority and all rights necessary to enter into and fully perform all of my obligations pursuant to this User Agreement;
- I have not and I will not enter into any agreement or perform any act which might be contrary to the purposes and/or effects of this User Agreement; and
- I will not delete any Content on the Site.
20. I understand and agree that you are not liable for any damage or injury caused by the performance or failure of performance of all or any portion of the Site.
- I understand that you make reasonable efforts to avoid technological problems. However, all or any portion of the site may not be available and may not function properly at any time due to market conditions, systems problems, power failures, telecommunications failures, scheduling requirements or other circumstances, including technical problems such as viruses, Trojan horses, worms, time bombs and other damaging computer programming routines or engines.
- I understand that you take reasonable security precautions when using the Internet, telephone or other means to transport data or other communications to ensure that the Site is secure but you cannot guarantee the security of the Site and you disclaim liability for any interception of data or communications.
- I understand that you will not be liable for any loss or injury caused in whole or in part by negligence, interruptions of service, or by contingencies beyond your control, breaches of security resulting from my failure to ensure the confidentiality of my personal information, including my passcode, breaches of security by my authorized person, breaches of security by third parties, information reported through this Site obtained from third parties or for any types of damages (such as, but not limited to, direct, consequential, special, incidental, punitive or indirect damages), even if advised of the possibility of such damages.
- This exclusion or limitation of liability will not apply to the extent that any applicable statute prohibits such exclusion or limitation of liability.
- I understand and agree that any liability arising out of any action or omission by you shall be limited to an amount equal to the benefit which the transaction would have resulted in during the period between the date of the trade and the time for settlement under any applicable law, rule or regulation.
21. Limitations Applicable to Non-U.S. Persons.
- I understand and agree that you are not required to make available or to continue to make available this site to residents of any non-U.S. jurisdiction where you determine, in your sole discretion, that furnishing on-line trading or other services to such persons might be unlawful under the laws of such non-U.S. jurisdiction or the laws of the U.S., or compliance with either of such laws is impracticable or commercially unreasonable. I further understand that you make no representation that materials at this site are appropriate or available for use outside of the United States and access to them from territories where their contents are illegal is prohibited. I will not use the site or export any materials in violation of U.S. export laws and regulations. When I access this site from locations outside of the United States, I am responsible for compliance with all local laws.
22. I understand and agree that, by using this Site, I assume certain risks associated with the Internet and my financial accounts including:
- There are many market, currency, economic, political, business, technological and other risks that are beyond your control;
- The Site may not meet my specific needs;
- Some Content requires me to input data, and may not function effectively if I input inaccurate data. Information generated by the Content may vary based on the data that I input;
- You make reasonable efforts to provide up-to-date Content, but at times you may not promptly update or correct the Site even if you are aware that it is inaccurate, outdated or otherwise inappropriate;
- You may change any portion of the Site at any time without notice to me; and
- I AGREE THAT M&T SECURITIES IS NOT LIABLE FOR ANY DAMAGE OR INJURY CAUSED BY THESE OR OTHER RISKS.
23. I agree to be bound by revised versions of this User Agreement that you post on the Site or send to me. You may modify the terms of this User Agreement or any of the policies or guidelines governing the Site, at any time and in your sole discretion. I understand that you will post the modified User Agreement on the Site. The modifications will be effective immediately upon posting unless you indicate otherwise. I agree that my use of the Site indicates my full acceptance of this User Agreement in its then-current form each time I use the Site.
24. I hereby agree to indemnify and hold you harmless (and your directors, officers, employees, control persons, vendors, licensors and agents) from and against any and all claims, losses, liabilities, damages, costs and expenses (including reasonable attorney's fees and costs) arising out of or related to my breach of my agreements, representations and warranties contained in this User Agreement, or the use of this web site by me or by other persons who have obtained my passcode. This indemnification shall be binding upon me and my executors, administrators, heirs, successors and permitted assigns.
25. If any provision or condition of this agreement shall be held to be invalid or unenforceable by any court, or regulatory or self-regulatory agency or body, such invalidity or unenforceability shall attach only to such provision or condition.
- The validity of the remaining provisions and conditions shall not be affected thereby and this Agreement shall be carried out as if any such invalid or unenforceable provision or condition were not contained herein.
- The laws of the State of New York govern this agreement, without giving effect to its conflicts of law provisions. I agree that any cause of action I may have with respect to this site must be commenced within one year after the claim or cause of action arises.
26. The heading of each provision hereof is for descriptive purposes only and shall not be deemed to modify or qualify any of the rights or obligations set forth in each such provision.
27. For our mutual protection, I understand, agree, and expressly consent to your electronic recordation of any of my telephone conversations with you and to your monitoring of my electronic communications conducted with you.
28. I understand and agree that you may block access to the use of this site without prior notice in the event you elect to discontinue such service on a temporary or permanent basis or in the event that I breach this User Agreement. I will remain responsible for the payment of all charges incurred in my account before termination becomes effective.
29. ELECTRONIC SIGNATURE
(i) I WILL CAREFULLY READ, UNDERSTAND AND ACCEPT THE ABOVE TERMS, CONDITIONS AND DISCLOSURES BEFORE I SIGN THIS USER AGREEMENT.
(ii) WHEN I CLICK "I AGREE" BELOW, I THEREBY LEGALLY BIND MYSELF TO THE TERMS AND CONDITIONS CONTAINED HEREIN.
(iii) CLICKING "I AGREE" IS THE EQUIVALENT OF MY MANUALLY SIGNING THIS USER AGREEMENT.