Sign-in
to your accounts
Locate
a branch or atm
Apply
for a new account
Contact
customer service
Navigation Path: Home > Wealth Management > Personal Wealth > Investments & Brokerage > Accessing Your Brokerage Account > Internet Agreement & Account Access Larger Type|Smaller Type|Print

Internet Agreement and Account Access

You should become thoroughly familiar with the unique aspects of, and risks associated with, online investing. By clicking on Volatile Markets & Securities, Guidance on Day Trading and Guidance on Margin, you can review material to help you better understand the following issues: execution of orders, volatile markets and securities, fast markets, price and time limits on orders, confirmations and cancellations, margin trading and internet and system reliability. Please note that these explanations are updated from time to time, and should be reviewed frequently.

First Citizens Investor Services, Inc. Internet Agreement and Activation Form ("Agreement")

To First Citizens Investor Services, Inc. ("FCIS"):

1.

I/We accept full responsibility for use and protection of my/our account number and password used to log in to, use, or access my/our account, as well as for any transaction occurring in an account opened, held, or accessed through my/our password, and I/we agree that FCIS may presume that any order entered by a person using my/our password is authorized by me/us. If I/we allow third parties to access my/our accounts, I/we will indemnify and hold FCIS harmless against any liability, costs, or damages arising out or claims or suits based upon or relating to such access and use.

2.

I/We agree to notify FCIS immediately of any loss, theft or unauthorized use of my/our password and/or account number. Furthermore, I/we agree to notify FCIS immediately in writing, via US mail or fax, of the following: any failure to receive a message from FCIS indicating that an order was received and/or executed by FCIS; any failure to receive an accurate written confirmation of an execution by FCIS; any receipt of confirmation of an order and/or execution which I/we did not place; or any inaccuracies or discrepancies in my/our account balances, security positions, or transaction history. If I/we fail to notify FCIS immediately when any of the above conditions occur, FCIS will not have any responsibility or liability for any claims with respect to the handling or loss of any order or any discrepancies or inaccuracies.

3.

I/We agree that communications may be sent to me/us at my/our postal or electronic mail address or at such other address as I/we may hereafter furnish FCIS in writing, and all communications so sent, whether by mail, electronic mail, telegraph, messenger or otherwise, shall be deemed given to me/us personally upon being sent, whether actually received or not.

4.

I/we agree that if any provision or condition of this Agreement shall be held to be invalid or unenforceable by any court, or any regulatory body or self-regulatory agency or body, such invalidity or unenforcability shall attach only to such provision or condition. The validity of the remaining provisions and conditions shall not be affected thereby and this Agreement shall continue as if any such invalid or unenforceable provision or condition was not contained herein.

5.

I/We agree that for our mutual protection, FCIS may monitor and record telephone conversations and/or electronic communications between FCIS and me/us. FCIS and its service providers shall not be required to inform me/us of such monitoring separately or with each conversation or communication, unless otherwise required by law to do so.

6.

I/We agree that FCIS does not provide any tax or legal advice. I/We understand that I/we may be able to access Pershing or other investment research reports through FCIS' Internet service, including computerized online services; however, the availability of such information does not constitute a recommendation by FCIS, its affiliates, or agents to buy or sell all or any of the securities discussed therein. Any investment decisions I/we make are based solely on my/our own evaluation of my/our financial circumstances and objectives.

7.

I/We agree and understand that I/we must pay for any securities and other products that I/we purchase through FCIS prior to or on the settlement date of the transaction. I/We also agree and understand that securities that I/we sell through FCIS must be held in my/our FCIS account before I/we may place an order to sell those securities.

8.

I/We agree and understand that FCIS cannot and will not be liable for or responsible for any delays in execution of an order, including, but not limited to, any delay in execution due to an order approval process. FCIS places orders on a "best efforts" basis. Therefore, any delay in execution typically is beyond FCIS' control due to market volume and or market volatility.

9.

I/We agree that all transactions for my/our account are subject to the rules, regulations, customs, and usages of the exchange or market and clearinghouse, whether executed by me/us or by my/our agents.

10.

I/We agree that any order electronically transmitted to FCIS shall not be deemed received until FCIS acknowledges that the order has been received. I/We will not assume that a trade or transaction has been executed until I/we are notified by FCIS that the trade or transaction has been executed.

11.

FCIS may cancel any order at any time at its own discretion and with no liability if the requirements for the cash and/or margin account are not met and/or if FCIS' internal policies for type, size, or limits of orders are violated.

12.

I/We agree and understand that market data, price, and security information supplied from FCIS or its supplier may be time delayed and although believed to be reliable, but is not guaranteed. Information is provided on a "best efforts" basis, and FCIS is not responsible or liable for any loss or damage arising from inaccuracies, errors, omissions, delays, interruptions, non-performance or any negligent acts of any provider of such information or service. I/We agree not to rely on any information stated to be time delayed. I/We understand that information provided is subject to constant change due to market and trading conditions and volatility, even after market hours.

13.

I/We agree that when I/we place a request to cancel and/or modify an order, the cancellation/modification of that order is not guaranteed. I/We understand that a cancellation/modification request must be received by FCIS and matched with the original order prior to execution in order to cancel/modify that original order. However, receipt of a request to cancel/modify an order prior to execution of the order does not guarantee that the cancellation/modification can be effected.

14.

I/We agree that FCIS and its affiliates, agents, representatives, suppliers and licensors are not liable for any direct, indirect, incidental, special or consequential damages (including, but not limited to, lost profits, trading losses and damages that result from inconvenience, delays, interruptions or loss of service or telecommunications connections), even if FCIS has been advised of the possibility of such damages.

15.

I/We agree that FCIS and its affiliates, agents, representatives, suppliers and licensors will not be liable for any losses resulting from a cause over which FCIS or its affiliates, agents, representatives, suppliers and licensors do not have direct or reasonable control, including, but not limited to, the failure of mechanical equipment or communication lines, telephone or other connectivity problems, unauthorized access, operator errors, severe weather, earthquakes, floods and strikes or other labor problems.

16.

I/We agree that FCIS reserves the right to terminate my/our use of and/or access to the service at any time in its sole discretion without notice and without liability. FCIS also reserves the right to discontinue on-line services at any time, temporarily or permanently, without notice and without liability.

17.

I/We understand that all terms and conditions of my/our FCIS Customer Agreement control the operations of my/our account and those terms and conditions are incorporated herein by reference.

18.

I/We agree and understand that certain securities may grant me/us rights that may expire unless I/we take action. These securities include, but are not limited to, warrants, stock purchase rights, convertible securities, bonds and securities subject to a tender or exchange offer. I/We agree and understand that I/we are responsible for knowing and exercising the rights and terms of all securities in my/our account. FCIS is not obligated to notify me/us of any upcoming expiration or redemption dates, or to take any other action on my/our behalf, without specific instruction from me/us, except as required by law and applicable rules of the regulatory authorities. However, I/we agree that if any such security is about to expire worthless or be redeemed for significantly less than its fair market value, and FCIS has not received instructions from me/us, FCIS may, in its discretion, but shall not be required to, sell the security and credit my/our account with the proceeds.

19.

"Information Providers" for securities quotations on the service may include various securities markets, such as the New York Stock Exchange, American Stock Exchange, NASDAQ Stock Market, Inc. and other exchanges, their affiliates, agents and others. By using the service, I/we agree that market quotes and other information received from Information Providers are solely for my/our own personal use. I/we will not retransmit or otherwise furnish market data received from Information Providers to any other person. I/we acknowledge that such market data is and shall remain the property of the respective Information Providers or of the market on which a reported transaction took place or a reported quotation was entered. I/We acknowledge that the Information Providers are third party beneficiaries under these provisions and may enforce this Agreement against me/us.

20.

The data and information accessible on the service are provided "as-is," and there may be delays, omissions or inaccuracies in such information and data. FCIS, its affiliates, agents, representatives, Information Providers and licensors cannot and do not guarantee the accuracy, sequence, completeness, timeliness, merchantability or fitness for a particular purpose of the information or data made available through the service. Neither FCIS nor any of its affiliates, agents, representatives, Information Providers or licensors shall be liable to me/us or anyone else for any loss or injury caused in whole or in part by its negligence or omission in procuring, compiling, interpreting, editing, writing, reporting or delivering any information or data through the service. I/We use and access such information and data at our own risk. In no event will FCIS, its affiliates, agents, representatives, Information Providers or licensors be liable to me/us or anyone else for any decision made or action taken by me/us in reliance upon such information or data.

21.

I/We understand that FCIS may modify this Agreement from time to time, although such modifications shall apply to me/us only as to use and access after the date of modification, and that FCIS may notify me/us of such modifications by mail, electronic mail or other acceptable form of notice or by posting the modifications on the web site in a conspicuous manner or by requiring my/our acceptance of modified terms in connection with any use or access.

22.

I/We understand that security on the Internet cannot be guaranteed, even with security features such as encryption and digital certificates. Although FCIS may contract with third parties for security measures and may take its own security measures, I/we shall not hold FCIS responsible for interception, alteration, denial of service or other authentication, security or service breach associated with the Internet, the service or my/our use of or access to the service.

23.

I/We understand that FCIS may provide on-line account access and trading through an arrangement with a third party. I/We agree to abide by any on-line or other account agreement required of me/us by this third party provider, as well as by any Information Providers, in connection with my/our use of or access to the service.

24.

I/We agree to abide by all applicable laws and regulations associated with my/our use of or access to the service, and I/we agree not to use or access the service in connection with any illegal or impermissible activity or purpose. I/We agree to indemnify and hold harmless FCIS and its affiliates, agents, representatives, suppliers and licensors against my/our noncompliance with this Agreement.

25.

My/Our or FCIS' waiver of any terms or breach of this Agreement is not continuing.

26.

To the extent allowed by law, this Agreement shall be governed by North Carolina and applicable Federal law.

27.

By using or accessing the service, by continuing through the web page containing this Agreement, or by clicking on the "accept" or similar block or button on this page, I/we accept the terms of this Agreement without limitation or condition. I/We agree that FCIS may rely upon our acceptance in allowing us initial and continuing access. However, our acceptance does not require FCIS to provide us with initial or continuing access.

28.

I/We understand that FCIS has made available various material to help me/us better understand investing online, and include, but are not limited to Volatile Markets & Securities, Guidance on Day Trading and Guidance on Margin, which discuss the following subjects: placing orders, execution of orders, volatile markets and securities, fast markets, price and time limits on orders, confirmations and cancellations, margin trading, day trading and Internet and system reliability. I/We also understand that this material is updated from time to time, and should be reviewed frequently.

29.

I/We understand that investment and insurance products and services are offered by First Citizens Investor Services, Inc., which is a registered broker-dealer, not a bank. I/We understand that these products and services are not offered by any bank and that First Citizens Investor Services, Inc. is separate and distinct from banks with which it is affiliated. I/We understand that products and services offered by First Citizens Investor Services, Inc. (1) are not insured or guaranteed by the Federal Deposit Insurance Corporation (FDIC) or any other government agency; (2) are not deposits or other obligations of, or guaranteed by any bank, any affiliate of a bank or First Citizens Investor Services, Inc.; and (3) involve investment risks, including possible loss of the principal invested and possible loss of value.

 

INVESTMENTS IN SECURITIES, ANNUITIES AND INSURANCE

Not Insured by FDIC or any Federal Government Agency

May lose value

Not a Deposit of or Guaranteed by a Bank or any Bank Affiliate

Brokerage services are offered through First Citizens Investor Services, Inc. Member FINRA/SIPC