| 1. The undersigned Customer for and in consideration of Vision LP
(“Vision”)
granting its request that VISION transmit information concerning its account
at VISION and other information related thereto
through the internet directly to it and/or to its representative, agent,
an Introducing broker, or other person or entity that it has
identified in writing to VISION ("Consent"), the receipt of
which is hereby acknowledged, for itself, its heirs, assigns, executors
and administrators, successors and agents (collectively "Customer")
does hereby agree to release, hold harmless, defend and
indemnify VISION from any and all claims, losses, suits or damages which
may in any manner arise out of the transmission
through the internet of Customer's information, any inaccuracies contained
in such information, any subsequent use of such
information, whether authorized or unauthorized by intended or unintended
recipient or Customer's access to or use of
information related to the Consent. Customer further warrants that said
use shall be made in full compliance with all applicable
laws, rules, regulations and ordinances.
2. Customer warrants and represents that it fully understands the risks
associated with the transmission of
information by use of the internet, including but not limited to, the
tampering with, or unauthorized use of, Customer's information
by unauthorized parties and that it will implement and maintain the highest
standards of care to prevent any unauthorized receipt
or use of Customer’s information.
3. The failure by VISION to at any time require performance of any provision
hereof shall in no manner affect its right at a later
time or times to strictly enforce the terms hereof. No waiver, affirmatively
or otherwise, by VISION, of the breach of any term or
covenant contained in this agreement, whether by conduct or otherwise,
in any one or more instances, shall be deemed to be,
or construed as, a further or continuing waiver of any breach or a waiver
of the breach of any other terms or covenants
contained herein.
4. This agreement is intended to be performed in accordance with and
only to the extent permitted by, all
applicable laws, ordinances, rules and regulations. If any provision of
this agreement, or the application thereof to any person or
circumstance, shall, for any reason and to any extent, be invalid or unenforceable,
the remainder of this agreement and the
application of such provision to other persons or circumstances shall
not be affected thereby but shall be enforced to the extent
permitted by law. The terms of the Customer Account Agreement shall also
apply to this agreement and no term in this
agreement shall be interpreted to modify or supersede the Customer Account
Agreement in any way. |