13. The broker requires that the shares be deposited in your online trading account before accepting a sell order (your sell orders cannot be executed if shares (scripless) are not available in your portfolio). If a sell order is accepted and executed in error without the necessary shares being deposited into your account, you agree to immediately deliver the securities sold to the broker in a form of good availability and tradable. You are responsible for any loss or expense incurred by the broker as a result of your inability to make such a delivery. To close your short sale, the broker must be able to borrow the security you are selling and not owning. You are subject to a buy-in of the security on your behalf and at your expense if we are unable to borrow the security you sold empty. When securities are purchased, you are responsible for all losses resulting from them and all costs related to the broker. The proceeds of all sales are held in your account unless you request something else. All other sell orders apply to securities that belong to you at the time of the order and must be long and in good shape available on your account at the time of the transaction. Communications and other communications, including confirmations, transaction reports, bank statements and margin calls, are deemed to be sent and received in person on the day of transmission, when sent electronically through the system, or (ii) on the next business day, when sent by mail or other means. ARCA hereby agrees that JPMSI assumes no liability for any loss, damage or expense, and ARCA waives any claim arising directly or indirectly from the absence of such notice or communication. 4. No guarantee of availabilityOne of the main benefits you get from an FTE is reliability – if you want to make a trade, you want the ETP to be available for it, and to do so efficiently.
Unfortunately, most access agreements state that the provider is not required to provide the ETP in any way or at any time. . . .