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ZANER GROUP, LLC CUSTOMER AGREEMENT
1. Classifications. Zaner is your Introducing Broker. Zaner will introduce your account to a clearing firm (FCM) of mutual choosing. FCM is responsible for accepting Customer's orders and executing transactions, for receipt, delivery and safeguarding of Customer's funds and property and for maintaining books and records concerning Customer's account. As Customer's Introducing Broker, Zaner is responsible for opening and servicing Customer's account, communicating with Customer on almost all matters concerning Customer's account and in some cases accepting and transmitting orders for Customer's account.
2. Commission and Fees. Customer agrees to pay a commission, spread and/or markup on each transaction and in some cases fees (collectively, "commission") for Customer's trading account. A portion of that commission goes to pay FCM for its services and risk in carrying Customer's account and a portion goes to pay Zaner for its services and risk in servicing Customer's account. The amount that Customer pays for commissions will be determined (negotiated) between Zaner and Customer and will reflect the amount of personalized service that Customer may need and the risk associated with Customer's account. From time to time Customer's commission may be changed or renegotiated but not without Customer's prior notification.
3. FCM Customer Agreement. All applicable portions of the accompanying FCM's Customer Agreement between Customer and FCM, including but not limited to the Arbitration agreement, shall also be a part of this agreement between Customer and Zaner by this reference, except that where FCM's name appears in those paragraphs it shall mean "Zaner Group LLC" for the purposes of this agreement. Notwithstanding, Zaner shall have no obligation under the Customer Agreement which contradicts Zaner's legal or regulatory status or requirements as a registered Introducing Broker. Customer agrees that Zaner is a beneficiary of all agreements between Customer and FCM.
4. Software. Zaner and FCM shall have no liability, responsibility or obligation whatsoever, directly, indirectly, contingently or consequentially, for any mistakes, losses, costs or expenses relating to Customer's use of "Software" in trading. For these purposes, "Software" includes, but is not limited to, any or all of the following:
(a) Trading online via the internet
(b) Trading utilizing any computer hardware, software, platforms, etc., subscribed to or purchased by Customer either through Zaner, or FCM or otherwise.
(c) Trading signals or directives derived upon by research and/or commentary electronically delivered to Customer either through Zaner, or FCM or otherwise.
Customer expressly confirms, acknowledges and agrees that neither Zaner nor FCM has any liability whatsoever for Customer's use or misuse of any Software or in the failure of any such Software to function or operate as advertised or represented or as Customer believes it should. Customer expressly further acknowledges and confirms that Zaner's usual and customary business is not developing nor providing Software and that Customer also agrees never to attempt to hold Zaner or FCM liable for any failures, uses or misuses thereof in respect of transactions for Customer's account. Customer hereby releases Zaner and FCM from any and all liability to Customer or to anyone claiming on Customer's behalf with respect to any damages or losses of any kind or nature whatsoever, including lost profits, sustained or alleged to be sustained as a result of the failure, use or misuse of Software.
Customer is aware that both Zaner and the FCM rely upon each and every acknowledgment, representation and agreement contained above in determining to start and/or continue to maintain Customer's account. Customer further acknowledges and confirms that Customer has received, read and fully understands all of the foregoing.
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Trading futures, options on futures, and/or retail off-exchange foreign currencies involves substantial risk of loss and is not suitable for all investors.