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Re: im a survivor post# 79179

Sunday, 05/21/2006 12:16:55 AM

Sunday, May 21, 2006 12:16:55 AM

Post# of 123875
PAIV sellers "TD AMERITRADE Terms and Conditions"

http://www.ameritradeinstitutional.com/global-f-1-1-terms.html

Specifically

4] I am responsible for knowing the rights, terms and obligations of all securities in my account and for monitoring the occurrence of any events (including, but not limited to, trading halts, bankruptcies, stock splits and reverse stock splits, or other corporate events commonly known as reorganizations) involving my securities positions or securities for which I intend to place an order. I acknowledge that certain securities in my account(s) may grant me valuable rights that could expire unless I take action with respect to these rights. I understand that, except as required by law or applicable rules of regulatory authorities, TD AMERITRADE and Ameritrade Clearing are not obligated to notify me of any events, including but not limited to, trading halts, bankruptcy, reorganizations or of any other events affecting the rights or obligations granted by my securities, nor does TD AMERITRADE or Ameritrade Clearing have the responsibility to take any actions on my behalf with respect to such events without specific instructions from me. TD AMERITRADE and Ameritrade Clearing reserve the right to restrict trading in any security for any reason, including but not limited to, bankruptcy, reorganization or any other event. Such action does not mitigate my duty to monitor my own account nor does it create any duty or obligation on the part of TD AMERITRADE or Ameritrade Clearing to take any such action on my behalf.

8] Ameritrade Clearing, acting in its capacity as clearing broker, has no responsibility or liability to me for any transactions, actions or omissions of TD AMERITRADE.

72] I shall indemnify and hold harmless TD AMERITRADE and any of the underlying Service Providers, Information Providers, licensors, employees, distributors or agents from and against any and all claims, demands, actions, causes of action, suits, proceedings, losses, damages, costs, and expenses, including reasonable attorneys’ fees, arising from or relating to my access and/or use of, or interaction with, Market Data, the Service or any Materials (including, without limitation, the Forums), or any act, error, or omission of my use of my account or any user of my account, in connection therewith, including, but not limited to, matters relating to incorrect, incomplete, or misleading information; libel; invasion of privacy; infringement of a copyright, trade name, trademark, service mark, or other intellectual property; any defective product or any injury or damage to person or property caused by any products sold or otherwise distributed through or in connection with the Service; or violation of any applicable law.

Ameritrade Clearing is authorized to borrow the securities and other property necessary to enable it to make delivery if I fail to deliver any securities or other property that Ameritrade Clearing has sold at my direction. I agree to be responsible for any cost, including the cost of obtaining the securities and other property, or loss Ameritrade Clearing may incur. Ameritrade Clearing is my agent to complete all such transactions and is authorized to make advances and expend monies as required. I release and agree to indemnify and hold harmless Ameritrade Clearing from any and all liability and claims for damages resulting from any action taken pursuant to this paragraph.
All securities and other property in any account(s) in which I have an interest are subject to a consensual and general lien to discharge any and all of my debts or any of my other obligations to TD AMERITRADE or Ameritrade Clearing. All securities and other property of mine will be held by Ameritrade Clearing as security for the payment of any obligation or debt in any account(s) in which I may have an interest. I hereby grant to TD AMERITRADE and Ameritrade Clearing, jointly and severally, for good and adequate consideration, the consensual and general lien described in this paragraph. Subject to applicable law, Ameritrade Clearing, may at any time and without prior notice to me, use and/or transfer any or all securities and other property interchangeably in any account(s) in which I have an interest.
I must promptly pay TD AMERITRADE or Ameritrade Clearing the reasonable costs of collection of the debit balance and any unpaid deficiency in my accounts, including attorneys’ fees.

All money, securities and other property, including positions held in safekeeping or held in any TD AMERITRADE or Ameritrade Clearing account(s) in which I have an interest (whether individual or jointly), are subject to a consensual and general lien, and are collateral that TD AMERITRADE and Ameritrade Clearing are authorized to sell to satisfy my debts or other obligations to TD AMERITRADE or Ameritrade Clearing, regardless of whether advances have been made in connection with the securities and irrespective of the number of accounts in which I have an interest. I agree that any such money, securities and other property shall constitute collateral that TD AMERITRADE and Ameritrade Clearing are authorized to sell to satisfy my debts and other obligations to TD AMERITRADE or Ameritrade Clearing. I hereby grant to TD AMERITRADE and Ameritrade Clearing, jointly and severally for good and adequate consideration, the consensual and general lien described in this paragraph.

TD AMERITRADE and Ameritrade Clearing have the authority at any time, at their discretion and without notice to me, to sell any or all of the securities or other property in my account, or to buy in any short positions, or to cancel any outstanding orders, or to require additional collateral, or to close my account in the event of, but not limited to:
My failure to meet requests for additional collateral
The filing of a petition of bankruptcy by or against me
The appointment of a receiver filed by or against me
An attachment levied against my account or an account in which I have an interest
My death
Whenever TD AMERITRADE or Ameritrade Clearing may deem it necessary.
Any sale, purchase or cancellation may occur without notice or advertisement of the sale, purchase or cancellation, and I have expressly waived the right to require such notice or publication. Any such sale or purchase may be made at the discretion of TD AMERITRADE or Ameritrade Clearing on any exchange or market where business is usually transacted and TD AMERITRADE or Ameritrade Clearing may be the purchaser for its own account. TD AMERITRADE or Ameritrade Clearing may purchase the property for its own account free from right of redemption. Thereafter, I shall remain liable for any remaining debt in my account(s).
TD AMERITRADE and Ameritrade Clearing are not required to give any notice to me prior to affecting a sell out or buy in for my account. If TD AMERITRADE or Ameritrade Clearing choose to give me notice of the sale or purchase, or demand payment from me, neither TD AMERITRADE or Ameritrade Clearing is precluded from taking the actions described in these paragraphs at a later time, nor are they bound to comply with the content of such notice, regardless of my reliance upon the same.
I release and agree to indemnify and hold harmless TD AMERITRADE and Ameritrade Clearing from any and all liability, claims for damages, and losses of any kind resulting from any action taken pursuant to the Margin Account terms of this Agreement.

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