<p>1. BINDING EFFECT.</p><p>This Agreement shall be continuous and shall cover, individually and collectively, all Accounts of Customer at any time opened or reopened with ATM Capital irrespective of any change or changes at any time in the personnel of ATM Capital or its successors, assigns, or affiliates. This Agreement including all authorizations, shall inure to the benefit of ATM Capital and its successors and assigns, whether by merger, consolidation or otherwise, and shall be binding upon Customer and/or the estate, executor, trustees, administrators, legal representatives, successors and assigns of Customer. Customer hereby ratifies all transactions with ATM Capital affected prior to the date of this Agreement, and agrees that the rights and obligations of Customer in respect thereto shall be governed by the terms of this Agreement.</p><p>2. TERMINATION.</p><p>This Agreement shall continue in effect until termination, and may be terminated by Customer at any time when Customer has no open position(s) and no liabilities held by or owed to ATM Capital upon the actual receipt by ATM Capital of written notice of termination via e-mail, or at any time whatsoever by ATM Capital upon the transmittal of written notice of termination to Customer; provided, that such termination shall not relieve either party of any obligations set out in this Agreement nor shall it relieve Customer of any obligations arising out of prior transactions entered into in connection with this Agreement. We reserve the right to suspend your Account at any time (without notice) if we believe it is appropriate in the circumstances.</p><p>3. ACCEPTANCE.</p><p>This Agreement shall not be deemed to be accepted by ATM Capital nor become a binding contract between Customer and ATM Capital until Customer’s information is verified and approved by ATM Capital .<br>4. INDEMNIFICATION.<br>Customer agrees to indemnify and hold ATM Capital , its affiliates, employees, agents, successors and assigns harmless from and against any and all liabilities, losses, damages, costs and expenses, including attorney’s fees, incurred by ATM Capital arising out of Customer’s failure to fully and timely perform Customer’s responsibilities herein or should any of the representations and warranties fail to be true and correct. Customer also agrees to pay promptly to ATM Capital all damages, costs and expenses, including attorney’s fees, incurred by ATM Capital in the enforcement of any of the provisions of this Agreement and any other agreements between ATM Capital and Customer.</p><p>5. FORCE MAJEURE.</p><p>ATM Capital shall not be liable to Customer for any claims, losses, damages, costs or expenses, including attorneys’ fees, caused, directly or indirectly, by any events, actions or omissions, including, without limitation, claims, losses, damages, costs or expenses, including attorneys’ fees, resulting from civil unrest, war, insurrection, international intervention, governmental action (including, without limitation, exchange controls, forfeitures, nationalizations, devaluations), natural disasters, acts of God, market conditions, inability to communicate with any relevant person or any delay, disruption, failure or malfunction of any transmission or communication system or computer facility, whether belonging to ATM Capital , Customer, any market, or any settlement or clearing system. 6. TERMS AND HEADINGS. The term “ATM Capital ” shall be deemed to include ATM Capital , its affiliates, divisions, successors and assigns; the term “Customer” shall mean the party (or parties) executing the Agreement; and the term “Agreement” shall include all other agreements and authorizations executed by Customer in connection with the maintenance of Customer’s Account with ATM Capital regardless of when executed. The paragraph headings in this Agreement are inserted for convenience of reference only and are not deemed to limit the applicability or affect the meaning of any of its provisions. 7. GOVERNING LAW AND JURISDICTION. This Agreement, and the rights and obligations of the parties hereto, shall be governed by, construed and enforced in all respects by the laws of Seychelles, without regard to choice of law principles.</p><p>8. USE OF ATM Capital ’S WEB SITES.</p><p>Web sites refer to ATM Capital ’s Web sites https://atmcapitalpro.com and additional Web sites that ATM Capital may register). The Web sites provide Customer with content and information. The content on the Web sites is provided as a convenience but may be inaccurate or outdated. Customer agrees at all times to rely upon Customer’s transaction confirmations and statements as the official records of Customer’s Account. Information is not related specifically to an Account. Information is financial or investment information provided by third parties to ATM Capital that ATM Capital provides to Customer, which includes market data, news, research, financial analysis, commentary, or tools. The information on the Web sites is provided from sources believed to be reliable but cannot be guaranteed. The information provided on our Web sites is not customized for Customer and Customer understands that the information provided to Customer is not a recommendation to Customer about the suitability of a purchase and/or sale of any currency. ATM Capital may without notice to Customer change, revise, modify, add, upgrade, remove or discontinue any part of ATM Capital ’s Web sites. The Web sites may include hyperlinks to third-party web sites. ATM Capital is not responsible for the information or content provided by such third party web sites.</p><p>9. MARKET DATA, NEWS AND OTHER INFORMATION.</p><p>Customer agrees that the market data, news and other information available to Customer through our Web site is for Customer’s personal use and that Customer will not retransmit or republish this information in any form without the written consent of ATM Capital .</p><p>10. NO WAIVER OR AMENDMENT.</p><p>No provision of this Agreement may be waived or amended by the Customer unless the waiver or amendment is in writing and signed by both Customer and an authorized officer of ATM Capital . No waiver or amendment of this Agreement may be implied from any course of trading between the parties or from any failure by ATM Capital or its agents to assert its rights under this Agreement on any occasion or series of occasions. No oral agreements or instructions to the contrary shall be recognized as enforceable. This instrument and the attachments hereto embody the entire agreement of the parties, superseding any and all prior written and oral agreements and there are no other terms, conditions or obligations other than those contained herein.</p><p>11. SEVERABILITY.</p><p>This Agreement, any attachments hereto, and the terms and conditions contained in statements and confirmations, contain the entire agreement between the parties with respect to the subject matter hereof. If any provision or condition of this Agreement shall be held to be invalid or unenforceable by any court, or regulatory or self-regulating agency or body, such provision shall be deemed modified, or, if necessary, rescinded in order to comply with the relevant court, or regulatory or self-regulatory agency or body. The validity of the remaining provisions and conditions shall not be affected thereby, and this Agreement shall be carried out as if such invalid or unenforceable provision or condition was not contained herein.</p><p>12. ACCOUNT TRANSFER AND ASSIGNMENT.<br>Customer authorizes ATM Capital to transfer and assign Customer’s Account to any legal entity or company effective after ATM Capital provides Customer prior written notice. Customer may not transfer or assign this Agreement without ATM Capital ’s prior written consent. Any purported assignment by the Customer in violation of this provision is null, void and unenforceable.</p>