The Account Holder's intentional action in electronically signing the Account Application is valid evidence of the Account Holder's consent to be legally bound by this Account Agreement and by other documentation submitted in the Account Application process (this Account Agreement and any such other documentation, the "Account Documents") or governing the Account Holder's relationship with the BBAE ADVISORS LLC Entities in connection with the Account and the Services provided hereunder. The use of an electronic version of the Account Documents fully satisfies any requirement that they be provided to the Account Holder in writing. The Account Holder acknowledges that the Account Holder may access and retain a record of the Account Documents that the Account Holder electronically signs through the BBAE ADVISORS LLC website. The Account Holder is solely responsible for reviewing and understanding all of the terms and conditions of these Account Documents.
The electronically stored copy of this Account Agreement is considered to be the true, complete, valid, authentic and enforceable record of the Account Agreement, admissible in judicial or administrative proceedings to the same extent as if the documents and records were originally generated and maintained in printed form. The Account Holder agrees to not contest the admissibility or enforceability of BBAE ADVISORS LLC's electronically stored copy of the Account Agreement in any proceeding arising out of the terms and conditions of the Account Agreement. If more than one individual has electronically signed this Account Agreement, their obligations under this Account Agreement will be joint and several and identical to the obligations of joint account holders that have signed a paper Account Agreement.
ELECTRONIC DELIVERY OF DOCUMENTS
Consent to Electronic Delivery.
BBAE ADVISORS LLC offers electronic-based self-directed brokerage services. By agreeing to electronic delivery, the Account Holder is giving the Account Holder's informed consent to electronic delivery of all Account Communications (defined below), other than those the Account Holder has specifically requested be delivered in paper form. "Account Communications" mean all current and future Account statements, trade confirmations, notices, disclosures, regulatory communications (including prospectuses, proxy solicitations and the Privacy Statement any updates thereto) and other information, documents, data and records regarding the Account and the Service (including amendments to this Account Agreement) delivered or provided to the Account Holder by BBAE ADVISORS LLC, the issuers of the Collateral in which the Account Holder invests and other parties.
Revocation of Consent.
The Account Holder may revoke or restrict the Account Holder's consent to electronic delivery of Account Communications at any time, subject to the terms of this Account Agreement, by notifying BBAE ADVISORS LLC in writing or by phone of the Account Holder's intention to do so. The Account Holder also has the right to request paper delivery of any Account Communication that the law requires BBAE ADVISORS LLC to provide to the Account Holder in paper form. The Account Holder understands that if the Account Holder revokes or restricts the Account Holder's consent to electronic delivery of Account Communications or request paper delivery, BBAE ADVISORS LLC, at its discretion, may charge the Account Holder a reasonable service fee for the delivery of Account Communications that would otherwise be delivered to the Account Holder electronically, restrict the Account or close the Account and terminate access to the Service. Neither the Account Holder's revocation or restriction of consent, the Account Holder's request for paper delivery, nor BBAE ADVISORS LLC's delivery of paper copies of Account Communications will affect the legal effectiveness or validity of any electronic communication provided while the Account Holder's consent was in effect. The Account Holder understands that it may take up to three (3) days to process a revocation of consent to electronic delivery, and the Account Holder may receive electronic notifications in the interim.
Electronic Delivery System.
BBAE ADVISORS LLC will notify the Account Holder by e-mail when Account Communications are posted on the BBAE ADVISORS LLC website if required by law. The Account Holder will have access through the BBAE ADVISORS LLC website to an archive of all documents the Account Holder received via electronic delivery for at least the current year. The Account Holder may obtain copies of earlier documents on the Account Holder's request for up to six years for Account statements and three years for trade confirmations.
The Account Holder acknowledges that the Internet is not a secure network and that communications transmitted over the Internet may be accessed by unauthorized or unintended third parties. E-mail notifications sent by BBAE ADVISORS LLC will not contain sensitive or confidential customer information, including account numbers and the identity of the security purchased. Due to security risks, the Account Holder will not send any sensitive information, such as account numbers or Passwords, in an unencrypted e-mail.
E-mails on rare occasions may fail to transmit properly. Regardless of whether the Account Holder receives an e-mail notification, the Account Holder agrees to check the BBAE ADVISORS LLC website regularly for up-to-date information and to avoid missing time-sensitive information. The Account Holder agrees that, for the Account Holder's records, the Account Holder can download and save or print the Account Communications the Account Holder receives via electronic delivery. In the event that an e-mail notification sent to the Account Holder is returned to BBAE ADVISORS LLC as undeliverable, a paper-form mailgram will be sent to the Account Holder's postal mail address of record notifying the Account Holder that Account Communications will be delivered by regular mail until BBAE ADVISORS LLC receives verification of e-mail address from the Account Holder. The Account Holder understands that if the Account Holder is deemed to have revoked the Account Holder's consent to electronic delivery, BBAE ADVISORS LLC, at its discretion, may charge the Account Holder a reasonable service fee for the delivery of Account Communications that would otherwise be delivered to the Account Holder electronically, or restrict the Account.
The Account Holder understands that BBAE ADVISORS LLC reserves the right to post certain Account Communications on the BBAE ADVISORS LLC website without providing notice to the Account Holder. The Account Holder agrees to check the BBAE ADVISORS LLC website regularly as the Account Holder may have no other means of knowing that certain information and Account Communications have been delivered to the Account Holder. The Account Holder agrees that all Account Communications provided to the Account Holder in any of the ways described above will be deemed to be good and effective delivery to the Account Holder when sent by BBAE ADVISORS LLC, regardless of whether the Account Holder actually or timely receives or accesses the Account Communication.
The Account Holder agrees to promptly and carefully review all Account Communications as and when delivered and notify BBAE ADVISORS LLC by telephone within, unless otherwise provided herein, five (5) days of delivery if the Account Holder objects to the information provided. BBAE ADVISORS LLC is entitled to treat such information as accurate and conclusive unless the Account Holder objects in writing within five (5) days of delivery.
Potential costs associated with electronic delivery of Account Communications include charges from Internet access providers and telephone companies, and such charges are borne by the Account Holder. BBAE ADVISORS LLC does not charge the Account Holder additional online access fees for receiving electronic delivery of Account Communications.
Hardware or Software Requirements.
The Account Holder understands that to receive electronic deliveries, the Account Holder must have Internet access, a valid e-mail address, the ability to download such applications as BBAE ADVISORS LLC may specify and to which the Account Holder has access and a printer or other device to download and print or save any information the Account Holder may wish to retain. BBAE ADVISORS LLC will notify the Account Holder of any changes in the hardware and software requirements needed to access electronic records covered by this consent. The Account Holder agrees not to share account information or authentication credentials with others. If your account information or authentication credentials have been lost, stolen, or otherwise compromised contact BBAE ADVISORS LLC immediately.
Consent and Representations.
The Account Holder hereby agrees that the Account Holder has carefully read the above information regarding informed consent and fully understands the implications thereof. The Account Holder hereby agrees to the conditions outlined above concerning electronic delivery of Account Communications. The Account Holder also agrees that the Account Holder will maintain a valid e-mail address and continue to have access to the Internet. If the Account Holder's e-mail address changes, the Account Holder agrees to notify BBAE ADVISORS LLC of the Account Holder's newest e-mail address immediately in writing (for example, by submitting a completed change of e-mail address electronically through the BBAE ADVISORS LLC website).