Sign the Customer Agreement
1. Customer Agreement: This Agreement ("Agreement") governs the relationship between Customer and BrickFi Inc ("BrickFi"). If this Agreement varies from the BrickFi website, this Agreement controls. This Agreement cannot be amended or waived except in writing by a BrickFi officer. Customer Service employees cannot amend or waive any part of this Agreement. Customer acknowledges that BrickFi may revise this Agreement by sending notice of the revised Agreement by e-mail or upon Customer log-in. Customer's use of BrickFi after such notice constitutes acceptance of the revised Agreement.
2. No Investment, Tax or Trading Advice: BrickFi representatives are not authorized to provide investment, tax or trading advice or to solicit orders. Nothing on BrickFi's website is a recommendation or solicitation to buy or sell securities, futures or other investments.
3. Responsibility for Customer Orders/Trades: Customer acknowledges that BrickFi does not know whether someone entering orders with Customer's user name/password is Customer. Unless BrickFi is notified and agrees, Customer will not allow anyone to access Customer's account. Customer is responsible for the confidentiality and use of Customer's user name/password and agrees to report any theft/loss of such user name/password, or any unauthorized access to Customer's account, immediately by e-mail or electronically through the BrickFi website. Customer remains responsible for all transactions entered using Customer's user name/password.
4. Order Cancellation/Modification: Customer acknowledges that it may not be possible to cancel/modify an order and that Customer is responsible for executions notwithstanding a cancel/modify request.
5. Order Execution:
BrickFi shall execute Customer orders as agent, unless otherwise confirmed. BrickFi can execute Customer orders as principal.
BrickFi may use another broker, or an affiliate, to execute orders, and they have benefit of all BrickFi 's rights hereunder.
BrickFi may decline any Customer order, or terminate Customer's use of BrickFi 's services at any time in BrickFi 's discretion.
All transactions are subject to rules and policies of relevant markets and clearinghouses, and applicable laws and regulations.
BRICKFI IS NOT LIABLE FOR ANY ACTION OR DECISION OF ANY EXCHANGE, MARKET, DEALER, CLEARINGHOUSE OR REGULATOR.
6. Confirmations:
- A. Customer agrees to monitor each order until BrickFi confirms execution or cancellation. Customer acknowledges that confirmations of executions or cancellations may be delayed or may be erroneous (e.g. due to computer system issues) or may be cancelled/adjusted by an exchange. Customer is bound by the actual order execution, if consistent with Customer's order. If BrickFi confirms execution or cancellation in error and Customer delays reporting such error, BrickFi reserves the right to remove the trade from the account or require Customer to accept the trade, in BrickFi's discretion.
- B. Customer agrees to notify BrickFi immediately by e-mail or electronically through the BrickFi website if: i) Customer fails to receive an accurate confirmation of an execution or cancellation; ii) Customer receives a confirmation that is different than Customer's order; iii) Customer receives a confirmation for an order that Customer did not place; or iv) Customer receives an account statement, confirmation or other information reflecting inaccurate orders, trades, balances, positions, margin status or transaction history. Customer acknowledges that BrickFi may adjust Customer's account to correct any error. Customer agrees to promptly return to BrickFi any assets erroneously distributed to Customer.
7. Proprietary Trading - Display of Customer Orders: Subject to all laws and regulations, Customer authorizes BrickFi to execute proprietary trades of itself and its affiliates, though BrickFi may simultaneously hold unexecuted Customer orders for the same products at the same price.
8. Customer Qualification: Customer warrants that his, her or its application is true and complete; will promptly notify BrickFi of any information changes; and authorizes BrickFi to make any inquiry to verify information.
- A. Natural Persons: Customer warrants that Customer is over 18; is under no legal incapacity; and has sufficient knowledge and experience to understand the nature and risks of the products to be traded.
- B. Organizations: Customer and its authorized representatives warrant that Customer: (i) is authorized under its governing document(s) and in the jurisdictions in which it is organized and/or regulated to enter this Agreement and trade (including on margin if applicable); (ii) is under no legal incapacity; and (iii) that persons identified to enter orders have proper authority and have sufficient knowledge and experience to understand the nature and risks of the products to be traded.
- C. Trusts: "Customer" refers to the Trust and/or Trustees. Trustee(s) represent(s) that there are no Trustees other than listed in the application and certifies(y) that BrickFi may follow instructions from any Trustee and deliver funds, securities, or any other assets to any Trustee or on any Trustee's instructions, including delivering assets to a Trustee personally. BrickFi, in its discretion, may require written consent of any or all Trustee(s) prior to following instructions of any Trustee. Trustee(s) certify that Trustee(s) has (have) the power under the Trust documents and applicable law to enter this Agreement, open the type of account applied for, and enter transactions and issue instructions. Such powers include, without limit, authority to buy, sell (including short), exchange, convert, tender, redeem and withdraw assets (including delivery of securities to/from the account) to trade securities on margin or otherwise (including purchase/sale of options), and trade futures and/or options on futures, for the Trust. Should only one Trustee execute this Agreement, Trustee represents that Trustee has the authority to execute this Agreement, without consent by the other Trustees. Trustee(s) certifies(y) that all transactions for this account will comply with the Trust documents and applicable law and that all trading in this Account will be consistent with the powers delegated to the Trustee(s) by the Trust document(s) and with the fiduciary duties of the Trustee(s) to the Trust and/or the beneficiary(ies) of the Trust. Trustee(s) also certifies(y) that Trustee(s) will inform any beneficiary(ies) of the Trust of the activity in the Trust's account(s) as required by the Trust document and applicable law. Trustee(s), jointly and severally, shall indemnify BrickFi and hold BrickFi harmless from any claim, loss, expense or liability for effecting any transactions, and acting upon any instructions given by the Trustee(s). Trustee(s) will notify BrickFi promptly if the authority of the Trustee(s) change in any manner material to this Agreement, including but not limited to any change affecting the accuracy of any warrants made herein.
9. Margin:
- A. Risk of Margin Trading: Margin trading is highly risky and may result in a loss of funds greater than Customer has deposited in the account. Customer represents that he or she has read the "Disclosure of Risks of Margin Trading" provided separately by BrickFi.
- B. Requirement to Maintain Sufficient Margin Continuously: Margin transactions are subject to initial and maintenance margin requirements of exchanges, clearinghouses and regulators and also to any additional margin requirement of BrickFi, which may be greater ("Margin Requirements"). BRICKFI MAY MODIFY MARGIN REQUIREMENTS FOR ANY OR ALL CUSTOMERS FOR ANY OPEN OR NEW POSITIONS AT ANY TIME, IN BRICKFI'S SOLE DISCRETION. Customer shall monitor his, her or its account so that at all times the account contains sufficient equity to meet Margin Requirements. BrickFi may reject any order if the account has insufficient equity to meet Margin Requirements, and may delay processing any order while determining margin status. Customer shall maintain, without notice or demand, sufficient equity at all times to continuously meet Margin Requirements. Formulas for calculating Margin Requirements on the BrickFi website are indicative only and may not reflect actual Margin Requirements. Customer must at all times satisfy whatever Margin Requirement is calculated by BrickFi.
- C. BRICKFI Will Not Issue Margin Calls: BrickFi does not have to notify Customer of any failure to meet Margin Requirements prior to BrickFi exercising its rights under this Agreement. Customer acknowledges that BrickFi generally will not issue margin calls; generally will not credit Customer's account to meet intraday or overnight margin deficiencies; and is authorized to liquidate account positions in order to satisfy Margin Requirements without prior notice.
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D. Liquidation of Positions and Offsetting Transactions:
- i. IF AT ANY TIME CUSTOMER'S ACCOUNT HAS INSUFFICIENT EQUITY TO MEET MARGIN REQUIREMENTS OR IS IN DEFICIT, BRICKFI HAS THE RIGHT, IN ITS SOLE DISCRETION, BUT NOT THE OBLIGATION, TO LIQUIDATE ALL OR ANY PART OF CUSTOMER'S POSITIONS IN ANY OF CUSTOMER'S BRICKFI NON-IRA ACCOUNTS, INDIVIDUAL OR JOINT, AT ANY TIME AND IN ANY MANNER AND THROUGH ANY MARKET OR DEALER, WITHOUT PRIOR NOTICE OR MARGIN CALL TO CUSTOMER. CUSTOMER SHALL BE LIABLE AND WILL PROMPTLY PAY BRICKFI FOR ANY DEFICIENCIES IN CUSTOMER'S ACCOUNT THAT ARISE FROM SUCH LIQUIDATION OR REMAIN AFTER SUCH LIQUIDATION. BRICKFI HAS NO LIABILITY FOR ANY LOSS SUSTAINED BY CUSTOMER IN CONNECTION WITH SUCH LIQUIDATIONS (OR IF THE BRICKFI SYSTEM DELAYS EFFECTING, OR DOES NOT EFFECT, SUCH LIQUIDATIONS) EVEN IF CUSTOMER RE-ESTABLISHES ITS POSITION AT A WORSE PRICE.
- ii. BrickFi may allow Customer to pre-request the order of liquidation in event of a margin deficiency, but such requests are not binding on BrickFi and BrickFi retains sole discretion to determine the assets to be liquidated and the order/manner of liquidation. BrickFi may liquidate through any market or dealer, and BrickFi or its affiliates may take the other side of the transactions consistent with laws and regulations. If BrickFi liquidates any/all positions in Customer's account, such liquidation shall establish Customer's gain/loss and remaining indebtedness to BrickFi, if any. Customer shall reimburse and hold BrickFi harmless for all actions, omissions, costs, fees (including, but not limited to, attorney's fees), or liabilities associated with any such transaction undertaken by BrickFi. If BrickFi executes an order for which Customer did not have sufficient equity, BrickFi has the right, without notice, to liquidate the trade and Customer shall be responsible for any resulting loss and shall not be entitled to any resulting profit.
- iii. If BrickFi does not, for any reason, liquidate under-margined positions, and issues a margin call, Customer must satisfy such call immediately by depositing funds. Customer acknowledges that even if a call is issued, BrickFi still may liquidate positions at any time.
- iv. Customer acknowledges that BrickFi also has the right to liquidate all or part of Customer's positions without prior notice: (i) if any dispute arises concerning any Customer trade, (ii) upon any "Default" as described in 17 below, or (iii) whenever BrickFi deems liquidation necessary or advisable for BrickFi's protection.
10. BrickFi's Right to Loan/Pledge Customer Assets: As allowed by law, BrickFi is authorized by Customer to lend to itself or others Customer securities or assets. BrickFi may, without notice, pledge, re-pledge, hypothecate or re-hypothecate Customer's securities and assets, separately or together with those of other customers, for any amount due in any BrickFi account in which Customer has an interest, without retaining in BrickFi's possession or control a like amount of assets. For loans of securities, BrickFi may receive financial and other benefits to which Customer is not entitled. Such loans could limit Customer's ability to exercise securities' voting rights.
11. Security Interest: All assets of any kind held by or on behalf of BrickFi for Customer's account are hereby pledged to BrickFi and are subject to a perfected first priority lien and security interest in BrickFi's favor to secure performance of obligations and liabilities to BrickFi arising under this or any other Agreement.
12. No Restricted Securities. Unless Customer has notified BrickFi to the contrary, no assets held as Collateral are restricted securities, as such term is defined pursuant to Rule 144 under the Securities Act of 1933, (the Securities Act), or securities of an issuer with which Customer is an affiliate, and Customer will not attempt to sell such shares through BrickFi without prior notice to and consent of BrickFi.
13. Event of Default: A "Default" occurs automatically, without notice upon: (i) Customer breach/repudiation of any agreement with BrickFi; (ii) Customer failure to provide assurance satisfactory to BrickFi of performance of an obligation, after request from BrickFi in BrickFi 's sole discretion; (iii) proceedings by/against Customer under any bankruptcy, insolvency, or similar law; (iv) assignment for the benefit of Customer's creditors; (v) appointment of a receiver, trustee, liquidator or similar officer for Customer or Customer property; (vi) Customer representations being untrue or misleading when made or later becoming untrue; (vii) legal incompetence of Customer; (viii) proceeding to suspend Customer's business or license by any regulator or organization; (ix) BrickFi having reason to believe that any of the foregoing is likely to occur imminently. Customer unconditionally agrees that, upon a Default, BrickFi may terminate any or all BrickFi's obligations to Customer and BrickFi shall have the right in its discretion, but not the obligation, without prior notice, to liquidate all or any part of Customer's positions in any BrickFi account, individual or joint, at any time and any manner. Customer shall reimburse and hold BrickFi harmless for all actions, omissions, costs, fees (including, but not limited to, attorney's fees), or liabilities associated with any Customer Default or any transaction undertaken by BrickFi upon Default.
14. Suspicious Activity: If BrickFi in its sole discretion believes that a Customer account has been involved in any fraud or crime or violation of laws or regulations, or has been accessed unlawfully, or is otherwise involved in any suspicious activity (whether victim or perpetrator or otherwise), BrickFi may suspend or freeze the account or any privileges of the account, may freeze or liquidate funds or assets, or may utilize any of the remedies in this Agreement for a "Default".
15. Multi-Currency Function in BrickFi Accounts:
- A. Customers may be able to trade products denominated in different currencies using a base currency chosen by Customer. Upon purchase of a product denominated in a different currency from the base currency, a margin loan is created to fund the purchase, secured by the assets in Customer's accounts. If Customer maintains positions denominated in foreign currencies, BrickFi will calculate Margin Requirements by applying exchange rates specified by BrickFi. CUSTOMER MUST CLOSELY MONITOR MARGIN REQUIREMENTS AT ALL TIMES, BECAUSE FLUCTUATION IN THE CURRENCY AND THE VALUE OF THE UNDERLYING POSITION CAN CAUSE A MARGIN DEFICIT.
- B. Customer agrees that BrickFi’s obligations to Customer shall be denominated in: (i) the United States dollar; (ii) a currency in which funds were deposited by Customer or were converted at the request of Customer, to the extent of such deposits and conversions.
16. Commissions and Fees, Interest Charges, Funds: Commissions and fees are as specified on the BrickFi website unless otherwise agreed in writing by an officer of BrickFi. Customer acknowledges that BrickFi deducts commissions/fees from Customer accounts, which will reduce account equity. Positions will be liquidated if commissions or other charges cause a margin deficiency. Changes to commissions/fees are effective immediately upon either of: posting on the BrickFi website or e-mail or other written notice to Customer. BrickFi shall pay credit interest to and charge debit interest from Customer at interest rates and terms on the BrickFi website. Customer funds will not be disbursed until after transactions are settled. Terms and conditions for deposit and withdrawal of funds (including holding periods) are as specified on the BrickFi website.
17. Account Deficits: If a cash account incurs a deficit, margin interest rates will apply until the balance is repaid, and BrickFi has the right, but not the obligation, to treat the account as a margin account. Customer agrees to pay reasonable costs of collection for any unpaid Customer deficit, including attorneys' and collection agent fees.
17. License to Use BrickFi Software: BrickFi grants Customer a non-exclusive, non-transferable license to use BrickFi Software solely as provided herein. Title to BrickFi Software and updates shall remain the sole property of BrickFi, including all patents, copyrights and trademarks. Customer shall not sell, exchange or transfer the BrickFi Software to others. Customer shall not copy, modify, translate, decompile, reverse engineer, disassemble or reduce to a human readable form, or adapt, the BrickFi Software or use it to create a derivative work, unless authorized in writing by an officer of BrickFi. BrickFi is entitled to immediate injunctive relief for threatened breaches of these undertakings.
18. LIMITATION OF LIABILITY AND LIQUIDATED DAMAGES PROVISION: CUSTOMER ACCEPTS THE BRICKFI SYSTEM "AS IS", AND WITHOUT WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE, PURPOSE OR APPLICATION; TIMELINESS; FREEDOM FROM INTERRUPTION; OR ANY IMPLIED WARRANTIES ARISING FROM TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. UNDER NO CIRCUMSTANCES SHALL BRICKFI BE LIABLE FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES, INCLUDING LOSS OF BUSINESS, PROFITS OR GOODWILL. BRICKFI SHALL NOT BE LIABLE TO CUSTOMER BY REASON OF DELAYS OR INTERRUPTIONS OF SERVICE OR TRANSMISSIONS, OR FAILURES OF PERFORMANCE OF THE BRICKFI SYSTEM, REGARDLESS OF CAUSE, INCLUDING, BUT NOT LIMITED TO, THOSE CAUSED BY HARDWARE OR SOFTWARE MALFUNCTION; GOVERNMENTAL, EXCHANGE OR OTHER REGULATORY ACTION; ACTS OF GOD; WAR, TERRORISM, OR BRICKFI'S INTENTIONAL ACTS. CUSTOMER RECOGNIZES THAT THERE MAY BE DELAYS OR INTERRUPTIONS IN THE USE OF THE BRICKFI SYSTEM, INCLUDING, FOR EXAMPLE, THOSE CAUSED INTENTIONALLY BY BRICKFI FOR PURPOSES OF SERVICING THE BRICKFI SYSTEM. IN NO EVENT SHALL BRICKFI'S LIABILITY, REGARDLESS OF THE FORM OF ACTION AND DAMAGES SUFFERED BY CUSTOMER, EXCEED THE HIGHEST TOTAL MONTHLY COMMISSIONS PAID BY CUSTOMER TO BRICKFI OVER THE 6 MONTHS PRIOR TO ANY INCIDENT.
19. Customer Must Maintain Alternative Trading Arrangements: Computer-based systems such as those used by BrickFi are inherently vulnerable to disruption, delay or failure. CUSTOMER MUST MAINTAIN ALTERNATIVE TRADING ARRANGEMENTS IN ADDITION TO CUSTOMER'S BRICKFI ACCOUNT FOR EXECUTION OF CUSTOMER'S ORDERS IN THE EVENT THAT THE BRICKFI SYSTEM IS UNAVAILABLE. By signing this Agreement, Customer represents that Customer maintains alternative trading arrangements.
20. Consent To Accept Electronic Records And Communications: BrickFi provides electronic trade confirmations, account statements, tax information, proxy materials and other Customer records and communications (collectively, "Records and Communications") in electronic form to the maximum extent permitted by applicable law. Electronic Records and Communications may be sent to Customer's Trader Workstation ("TWS") or to Customer's e-mail address, or for security purposes may be posted on the BrickFi website or on the secure website of one of BrickFi’s service providers and customer will need to log in and retrieve the Communication. By entering into this Agreement, Customer consents to the receipt of electronic Records and Communications. Such consent will apply on an ongoing basis and for every tax year unless withdrawn by Customer. Customer may withdraw such consent at any time by providing electronic notice to BrickFi through the BrickFi website. If Customer withdraws such consent, BrickFi will provide required Records and Communications (e.g., tax documents, proxy materials, etc.) in paper form upon request by e-mail or via the BrickFi website. However, BrickFi reserves the right to require Customer to close Customer's account if Customer withdraws consent to receiving electronic delivery of Records and Communications. In order to trade using the BrickFi TWS, and to receive Records and Communications through the TWS, there are certain system hardware and software requirements, which are described on the BrickFi website at brickfi.com. Since these requirements may change, Customer must periodically refer to the BrickFi website for current system requirements. To receive electronic mail from BrickFi, Customer is responsible for maintaining a valid Internet e-mail address and software allowing customer to read, send and receive e-mail. Customer must notify BrickFi immediately of a change in Customer's e-mail address by using those procedures to change a Customer e-mail address that may be available on the BrickFi website.
21. Miscellaneous:
- A. This Agreement is governed by the laws of the State of Delaware, without giving effect to conflict of laws provisions. Courts of Delaware have exclusive jurisdiction over disputes relating to this Agreement, except when arbitration is provided. IN ALL JUDICIAL ACTIONS, ARBITRATIONS OR DISPUTE RESOLUTION METHODS, THE PARTIES WAIVE ANY RIGHT TO PUNITIVE DAMAGES
- B. Customer agrees to the provision of this Agreement in English and represents that Customer understands its terms and conditions. This Agreement contains the entire agreement between the parties, who have made no other representations or warranties. If any provision of this Agreement is unenforceable, it shall not invalidate other provisions. Failure of BrickFi to enforce any term or condition of this Agreement is not a waiver of the term/condition.
- C. Customer consents to recording of all telephone conversations. Customer acknowledges the BrickFi Privacy Policy and consents to collection/use of Customer information as described therein.
- D. Customer may not assign or transfer any rights or obligations hereunder without the prior written consent of BrickFi. Upon notice to Customer BrickFi may assign this Agreement to another broker-dealer or futures commission merchant. This Agreement shall inure to the benefit of BrickFi 's successors and assigns. BrickFi may terminate this Agreement or its services to Customer at any time. Customer may close its account upon notice to BrickFi electronically through the BrickFi website, but only after all positions are closed and all other requirements specified on the BrickFi website regarding account closure are satisfied.
- E. Customer authorizes BrickFi, directly or through third parties, to make any inquiries that BrickFi considers necessary to conduct business with Customer. This may include ordering a credit report and performing other credit checks in the event of any default or breach of the obligations herein by Customer, or verifying the information Customer provides against third party databases. Any information obtained is maintained in accordance with the BrickFi Privacy Policy.
22. Mandatory Arbitration:
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A. This agreement contains a pre-dispute arbitration clause. By signing an arbitration agreement the parties agree as follows:
ALL PARTIES TO THIS AGREEMENT ARE GIVING UP THE RIGHT TO SUE EACH OTHER IN COURT, INCLUDING THE RIGHT TO A TRIAL BY JURY, EXCEPT AS PROVIDED BY THE RULES OF THE ARBITRATION FORUM IN WHICH A CLAIM IS FILED.
ARBITRATION AWARDS ARE GENERALLY FINAL AND BINDING; A PARTY'S ABILITY TO HAVE A COURT REVERSE OR MODIFY AN ARBITRATION AWARD IS VERY LIMITED.
THE ABILITY OF THE PARTIES TO OBTAIN DOCUMENTS, WITNESS STATEMENTS AND OTHER DISCOVERY IS GENERALLY MORE LIMITED IN ARBITRATION THAN IN COURT PROCEEDINGS.
THE ARBITRATORS DO NOT HAVE TO EXPLAIN THE REASON(S) FOR THEIR AWARD. UNLESS, IN AN ELIGIBLE CASE, A JOINT REQUEST FOR
AN EXPLAINED DECISION HAS BEEN SUBMITTED BY ALL PARTIES TO THE PANEL AT LEAST 20 DAYS PRIOR TO THE FIRST SCHEDULED HEARING DATE.
THE PANEL OF ARBITRATORS WILL TYPICALLY INCLUDE A MINORITY OF ARBITRATORS WHO WERE OR ARE AFFILIATED WITH THE SECURITIES INDUSTRY.
THE RULES OF SOME ARBITRATION FORUMS MAY IMPOSE TIME LIMITS FOR BRINGING A CLAIM IN ARBITRATION.
IN SOME CASES, A CLAIM THAT IS INELIGIBLE FOR ARBITRATION MAY BE BROUGHT IN COURT.
THE RULES OF THE ARBITRATION FORUM IN WHICH THE CLAIM IS FILED, AND ANY AMENDMENTS THERETO, SHALL BE INCORPORATED INTO THIS AGREEMENT. - B. Customer agrees that any controversy, dispute, claim, or grievance between BrickFi, any BrickFi affiliate or any of their shareholders, officers, directors employees, associates, or agents, on the one hand, and Customer or, if applicable, Customer's shareholders, officers, directors employees, associates, or agents on the other hand, arising out of, or relating to, this Agreement, or any account(s) established hereunder in which securities may be traded; any transactions therein; any transactions between BrickFi and Customer; any provision of the Customer Agreement or any other agreement between BrickFi and Customer; or any breach of such transactions or agreements, shall be resolved by arbitration, in accordance with the rules then prevailing of any one of the following: (a) The Financial Industry Regulatory Authority; or (b) any other exchange of which BrickFi is a member, as the true claimant-in-interest may elect. If Customer is the claimant-in-interest and has not selected an arbitration forum within ten days of providing notice of Customer's intent to arbitrate, BrickFi shall select the forum. The award of the arbitrators, or a majority of them, shall be final, and judgment upon the award rendered may be entered in any court, state or federal, having jurisdiction.
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C. No person shall 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:
- the class certification is denied; or
- the class is decertified; or
- the customer 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.
THIS AGREEMENT CONTAINS A PRE-DISPUTE ARBITRATION CLAUSE IN PARAGRAPH 22. BY SIGNING THIS AGREEMENT I ACKNOWLEDGE THAT THIS AGREEMENT CONTAINS A PRE-DISPUTE ARBITRATION CLAUSE AND THAT I HAVE RECEIVED, READ AND UNDERSTOOD THE TERMS THEREOF.
Signatures:
I hereby declare that the information provided herein is true and correct. I also understand I am entitled to promptly notify BrickFi of any information changes, and authorize BrickFi to make any inquiry to verify the information.
Account Name: John Doe
Date: Feb 20, 2023
I hereby acknowledge that this Agreement is electronically signed and that electronic signatures appearing on this Agreement or
such other documents are the same as handwritten signatures for the purposes of validity, enforceability, and admissibility.
I hereby acknowledge that I have read and understood all the information provided above.
Signature: John Doe
Vladislav Muradkhanov
Customer Service Representative
BrickFi Inc