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Custodian Account Agreement

Updated: March 11, 2024

  1. Acceptance of this agreement (“Custodian Account Agreement” or “Agreement”) is required to open an Alto IRA or Alto CryptoIRA Account. Read this Agreement carefully. By entering his/her signature or clicking Accept, the account holder (“Account Holder” or “I”) acknowledges and agrees that he/she has read this Agreement, and agrees to the following terms and conditions:


  2. Appointment. I, the Account Holder, appoint Alto Trust Co. as the Custodian of my Account (“Custodian”) as the passive, non-discretionary custodian for accounts pursuant to Section 408 of the Internal Revenue Code.  In turn, Alto Trust Co. has delegated to Alto Solutions, Inc. (d/b/a AltoIRA) (the “Administrator”) certain administrative functions of the custodian with respect to AltoIRA accounts, and these functions are performed using AltoIRA’s technology. The account (“Account”) is established for the exclusive benefit of myself, the Account Holder, or my beneficiaries.  I understand that I may change or add beneficiaries of my Account from time to time by completing such beneficiary designation form or process as provided by the Administrator.


  3. Acknowledgements Regarding Investments. I agree that investment decisions made by myself, or by a financial advisor that I have appointed or may appoint to create, fund and manage the Account on my behalf (“Financial Advisor”), are my sole responsibility and that the Administrator and Custodian have no duty to review, or to make any recommendations in connection with the acquisition, retention, or disposition of any investments in my Account. The Administrator and Custodian do not recommend or offer investments, and the Account can only be invested upon the sole authorization and determination of the Account Holder or a Financial Advisor. I understand investments in the Account will be made, and assets in the Account will be titled and held, in the name of AltoIRA, Custodian, and this refers to the Custodian for the benefit of the Account Holder’s Account.  Further, the Administrator and Custodian do not conduct appraisals and do not seek to verify any values provided to them by the Account Holder or other third parties. I understand that a value listed in an account statement is deemed accepted by me or a Financial Advisor if I do not dispute it in writing within sixty (60) days of the statement being issued. I understand and agree that I should seek professional assistance from properly licensed financial, legal, and tax professionals and that the Administrator and Custodian do not offer and should not be relied on for investment, financial, legal, or tax advice.


  4. Responsibility for Tax Consequences. I assume all responsibility for any tax consequences and penalties that may result from all contributions to, transactions through, and distributions from my Account. I am authorized and of legal age to establish this Account and direct and manage investments for the Account. I assume complete responsibility for: 1) Determining the eligibility, legality and validity of each transaction that I direct, or a Financial Advisor directs the Administrator or Custodian to make for the Account; 2) Ensuring that all contributions I make are within the limits set forth by the tax laws; and 3) Ensuring that no transaction results in a disqualification of the Account or unintended distribution. I further agree to obtain for tax reporting purposes a fair market value of each asset and investment held in the Account as of December 31 of each year and report this information to the Administrator no later than January 15 of the following year or such other date as is requested by the Administrator. Should Alto not receive the valuations for each investment in your IRA upon such date as requested by the Administrator, I authorize the Administrator and Custodian to utilize cost basis or last reported value. I understand and agree that upon a distribution of assets from the Account, the Administrator or Custodian may issue a Form 1099 based on the last reported value of the assets, which, in the absence of a more current value provided by me, may be the purchase price for the assets.


  5. Adequate Information. I acknowledge that I have received and agree to the terms of the Form 5305 and the fee schedule applicable to the Account. Further details pertaining to fees appear below and/or are available to me through the Administrator’s website. I agree to be bound by such terms and conditions as are currently in effect and as they may be amended from time to time. I understand that within seven (7) days from the date that I accept these terms, I may revoke the establishment of the Account by mailing or delivering a written notice to the Administrator at AltoIRA, 500 11th Ave N Suite 790, Nashville, TN 37203. If I revoke this Agreement within the 7-calendar day period, my Account will be closed and any service fees charged to me by the Administrator will be refunded, together with the entire amount of my contributions to the Account without any adjustment for earnings or any administrative expenses. If I exercise this revocation, the Administrator is still required to report the contribution on Form 5498 (except transfers) and the revoked distribution on Form 1099-R.


  6. Certifications and Acknowledgements
    a. I certify under penalties of perjury: 1) That I or a Financial Advisor provided you with my correct Social Security or Tax I.D. Number, and other such identifying information as may be requested by Administrator or Custodian; and 2) That I am not subject to backup withholding because: a) I am exempt from backup withholding; or b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends; or c) the IRS has notified me that I am no longer subject to backup withholding. I understand that I cannot accept this Agreement or use the services of the Administrator or Custodian if I have been notified by the IRS that I am currently subject to backup withholding because of under reporting interest or dividends on my tax return.
    b. I understand and agree the Administrator and Custodian may release information about me to others as permitted above or in the Administrator’s or Custodian’s Privacy Policy, or as I, a Financial Advisor or a representative I have authorized in writing, may direct, or otherwise to the extent the Administrator or Custodian is required by law or other regulatory authority.
    c. I further understand the Internal Revenue Service does not require my consent to any provision of this document other than the certification required to avoid backup withholding.



  7. Investment Decisions and Indemnification.
    a. Until such time as I change or revoke the designation, I hereby instruct the Administrator and Custodian to follow the investment directions which I provide, or a Financial Advisor provides to Administrator in investing and reinvesting the principal and interest for the above-referenced Account or other custodial account for which Administrator serves as record keeper. Instructions must be in writing, and written direction shall be construed so as to include electronic signature. Administrator has the right to refuse to fund or process investments that are not administratively feasible and/or would place an undue financial or administrative burden on the Administrator.

    b. The account is established for the exclusive benefit of the Account Holder or his/her beneficiaries. In taking action based on this authorization Custodian and Administrator may act solely on the written instruction, designation or representation of the Account Holder or a Financial Advisor.  I understand that, to the extent the Administrator enables me to grant access or control of my Account to third parties (including but not limited to a Financial Advisor or other representative), such access or control may be conditioned upon the execution by me and such third parties of such further instruments, documents or terms of service as the Administrator may require.  I expressly certify that I take complete responsibility for the funding of my Account, the investments made by and for my Account, and the securities, instrument(s) or property purchased, traded or held in my Account. I agree to indemnify and hold harmless Custodian and Administrator, and their respective agents or assigns, for any and all claims, actions, proceedings, damages, judgments, liabilities, costs, and expenses, including attorneys’ fees arising from or in connection with this Agreement. Custodian and/or Administrator may deduct from the Account any amounts to which they are entitled to reimbursement under the foregoing hold harmless provision. Custodian and Administrator have no responsibility or fiduciary role whatsoever related to or in connection with the Account in taking any action related to any purchase, sale or exchange instructed by the Account Holder or the Account Holder’s agents, representatives or attorneys-in-fact, including but not limited to suitability of any investment or transaction, compliance with any state or federal law or regulation, income or expense to the Account, or preservation of Account capital or income.

    c. In executing transfers, it is understood and agreed that I will not hold Custodian and/or Administrator liable or responsible for anything done or omitted in the administration, custody or investments of the Account or any other account of mine prior to the date they shall complete their respective acceptance as successor Custodian and Administrator and shall be in possession of all of the assets transferred, nor shall they have any duty or responsibility to inquire into or take any action with respect to any acts performed by any prior or other custodian or administrator.

    d.     While requesting distributions from an account that may be reported on Form 1099-R, the Administrator may establish controls and limitations on account holder requests to withdraw funds from a newly established individual retirement account for a period of sixty (60) days upon account creation. The Administrator may decline to process any distribution made within the first 60 days of account creation, except for any request to revoke an account within the first seven (7) days of establishing an account pursuant to Treasury Rule 1.408-6(d)(4)(ii)(A)(2) and sections 8.03 of Form 5305-A and 9.03 of Form 5305-RA, as the case may be. Administrator will not make any attempt to notify the account holder of the expiration of the 60-day period, and account holder shall ensure that any distribution request made after such expiration is initiated in a manner that suits its needs. 

     
  8. Limitation of Liability.  IN NO EVENT WILL ADMINISTRATOR OR CUSTODIAN BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, INDIRECT OR PUNITIVE DAMAGES OR COSTS OF ANY KIND, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF CAPITAL, LOSS OF DATA, LOSS OF USE, COST OF COVER, LITIGATION COSTS, TAXES, PENALTIES OR INTEREST, REGARDLESS OF THE BASIS OR LEGAL THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF ADMINISTRATOR OR CUSTODIAN HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR COSTS. THE LIABILITY OF ADMINISTRATOR AND CUSTODIAN TO ANY ACCOUNT HOLDER OR ACCOUNT BENEFICIARY FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE TOTAL FEES RECEIVED BY ADMINISTRATOR OR CUSTODIAN FROM THE ACCOUNT HOLDER WITHIN THE 12 MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. THESE LIMITATIONS SHALL APPLY TO ANY LIABILITY, ARISING FROM ANY CAUSE OF ACTION WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF ADMINISTRATOR OR CUSTODIAN HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH COSTS OR DAMAGES AND EVEN IF THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE. 

     
  9. Important Information for Opening a New Account. I understand and agree that to comply with the USA PATRIOT ACT, the Administrator and Custodian have adopted a Customer Identification Program. I agree to provide the personal information requested by the Administrator to comply with this program and, upon request, to provide a readable copy of an unexpired, photo-bearing, government-issued identification (e.g., driver license or passport) using such means and methods as directed by the Administrator. 

     
  10. Disclosure of Account Information. The Custodian and/or Administrator may use agents, service providers and/or subcontractors to assist in administering the Account (including, in the case of the Custodian, sub-custodians of certain assets in the Account). I agree the Administrator and Custodian may release nonpublic personal information regarding the Account to such providers as necessary to provide the products and services made available under this Agreement, to evaluate their respective business operations and analyze and develop potential product, service, or process improvements. If I have any questions regarding this policy, I will contact the Administrator at [email protected]. 


  11. Fee Disclosure.
    a. I acknowledge that I have received, reviewed, understand, and agree to the Administrator’s posted fee schedule. I agree to be bound by those pricing and payment terms and conditions as are currently in effect and as they may be amended from time to time.

    b. I agree to pay, and I authorize the payment of Administrator’s and Custodian’s service fees and charges (“Fees”) at the rates and intervals and upon the terms and conditions set forth in the fee schedule made available to me or to a Financial Advisor by the Administrator (including as posted on its website), and to pay for any extraordinary services or requests not included. Administrator’s Fees may include, without limitation, annual, monthly or per-transaction fees, payable in fixed amounts, in tiered amounts or percentage rates based on account or transaction sizes, or from fees charged by third party Investment Providers (as defined below).  Fees are payable in full in advance (unless otherwise expressly provided in the terms and conditions), or in connection with executing Account Holder instructions and performing services and are non-refundable. I understand that annual and other billing periods may run from the date I first register for the applicable service or calendar periods in Administrator’s discretion. Undirected cash in the Account shall be placed by the Custodian in FDIC-insured banks. I agree the Administrator and Custodian may utilize the principal amount of undirected cash in the Account or liquidate Account assets to pay Account fees if the credit card or other acceptable form of payment provided by me or a Financial Advisor is or becomes invalid and another valid means of payment is not provided promptly upon request. If any payment is not received by the Administrator within 15 days after it becomes due, then upon five days’ notice to the email address associated with my account, without prejudice to any other rights they may have, Administrator and Custodian may close the Account. Administrator and Custodian shall bear no responsibility for any adverse tax consequences or other liabilities or obligations resulting from the performance of their duties or exercise of their rights, including, without limitation, from any liquidation or distribution of assets in the Account resulting from nonpayment of fees. Administrator reserves the right to sell any past due receivables to a collection and credit reporting agency.

    c.     Administrator reserves the right to set account minimum balance requirements at its sole discretion.

    d.     Administrator further reserves the right to modify Fees and charge any additional fee after giving Account Holder and/or Financial Advisor reasonable notice. All changes to the fee schedule will be posted at the Administrator’s website at www.AltoIRA.com or within the fee schedule posted within the AltoIRA platform. I acknowledge and agree this fee disclosure is part of my Agreement with the Administrator. 


  12. Conflicts; Other Compensation. I understand the Administrator, Custodian or affiliates of the Administrator or Custodian, may receive compensation or remuneration from third parties, including but not limited to a Financial Advisor, in connection with their services or administration of the Account, separate from client fees and charges paid or payable by the Account Holder or from the assets of the Account.  In particular, the Administrator may receive fees or interest from depository banks as compensation for using such banks to maintain undirected cash belonging to the Account, which compensation is not considered client fees or earnings or assets of the Account.

    The Administrator may receive compensation, separate from client fees, and/or reimbursement of expenses, under agreements for use of Administrator’s technology, marketing support or other consideration, from a Financial Advisor, investment platforms, funding portals, exchanges, issuers, placement agents, broker-dealers, asset managers, fund administrators, or other third party providers that make their products, services and offerings available to me and/or other clients of the Administrator and Custodian through the Administrator’s platform (collectively, “Investment Providers”). Subject to applicable law, affiliates of Administrator may receive compensation from Investment Providers for introducing potential investors, including clients of Administrator and Custodian. I understand the Administrator and Custodian have discretion to select the Investment Providers that provide or offer products or services to me and my Account, and to establish compensation arrangements consistent with the laws and regulations governing Administrator, Custodian and their affiliates.

    I understand and agree that the Administrator and Custodian do not recommend any investments, even if their affiliates licensed to do so may make such recommendations, and I remain solely responsible for the selection and execution of any investment I direct, or a Financial Advisor directs the Administrator and Custodian to make for the benefit of my Account. Without limiting the generality of the foregoing, Administrator and Custodian shall not be required to negotiate a compensation arrangement with any Investment Provider that produces a best execution price for the Account. I waive any and all conflicts of interest the Administrator or Custodian may have or that may arise in connection with any such compensation, service or other arrangements between the Administrator or Custodian or their affiliates and any Investment Providers.


  13. FDIC Insurance.
    a. Alto Solutions, Inc. and Alto Trust Co. are not FDIC insured banks. Banking services provided to Custodian are by BankProv (Bank) Member FDIC / Member DIF. Additional banking services are provided to Custodian by Pinnacle Bank, Member FDIC. The FDIC insures each account holder up to $250,000, based upon deposit insurance rules. The Depositors Insurance Fund (DIF) insures all deposits above the FDIC depositor limit when placed with BankProv.

    b.     Cash maintained by the Administrator and Custodian are held in pooled accounts at one or more banks insured by the FDIC. FDIC pass-through insurance protects funds held on behalf of an account holder against the risk of loss should an FDIC-insured bank(s) where funds are held fail.

    c.     Crypto assets, virtual currency, cryptocurrency, or other digital assets are not insured by the FDIC, may lose value, are not deposits or other obligations of the Bank, or Pinnacle Bank and are not guaranteed by the Bank or Pinnacle Bank. Virtual Currency is not legal tender, is not backed by the government, and accounts and value balances are not subject to Securities Investor Protection Corporation protections. All funds transferred to Coinbase, Inc. (Coinbase) in connection with an account holder’s CryptoIRA account and held in cash at Coinbase may be maintained at one or more banks insured by the FDIC, at which Coinbase may deposit customer funds. As of May 2023, Coinbase may deposit customer funds with one of the following institutions: (i) JPMorgan Chase; (ii) Cross River Bank; (iii) Customers Bank; and (iv) Pathward (previously known as MetaBank). Should cash transferred to Coinbase exceed applicable $250,000 insurance deposit limits, then Coinbase may sweep excess deposits to JPMorgan and State Street U.S. government money market funds (tickets OGVXX and GVMXX). Click here for more information regarding Coinbase’s cash management practices. Administrator and Custodian may, from time to time, transfer undirected cash held at Coinbase to and from an omnibus custodial account for the benefit of AltoIRA accounts maintained by the Administrator and Custodian, and held at a bank referenced under Section 13(a) herein.

  14. Electronic Notices, Communications, Signatures, and Records. To the extent written instructions or notices are required under this Custodian Account Agreement, I agree that all notices will be provided through an electronic medium (which requires that I have access to the Internet), and the Account shall be subject to the provisions of the Uniform Electronic Transactions Act, as passed in the state where the Custodian is organized, and the federal Electronic Signature in Global and National Commerce Act (ESIGN Act, as contained in 15 U.S.C. 7001), as those laws pertain to electronic communications, electronic signatures, and electronic storage of Account records. In lieu of the retention of the original records, Custodian may cause any, or all, of its records, and records at any time in its custody, to be photographed or otherwise reproduced to permanent form, and any such photograph or reproduction shall have the same force and effect as the original thereof and may be admitted in evidence equally with the original. 


  15. Governing Law. This Agreement and all amendments hereto shall be governed by and construed in accordance with the laws of the state of New Mexico applicable to contracts made and to be performed therein, except that the section entitle “Arbitration” shall be governed by the Federal Arbitration Act (title 9 of the United States Code) (“FAA”). 


  16. Arbitration.
    a. I HAVE REVIEWED THIS PROVISION CAREFULLY. IF I DO NOT REJECT IT IN ACCORDANCE WITH THE PROCESS OUTLINED BELOW, I UNDERSTAND IT WILL BE PART OF THIS AGREEMENT AND WILL HAVE A SUBSTANTIAL IMPACT ON THE WAY CLAIMS ARE RESOLVED BETWEEN THE ACCOUNT HOLDER AND THE CUSTODIAN AND/OR ADMINISTRATOR NOW OR IN THE FUTURE.

    b.     I understand that the FAA governs this Arbitration Provision, which evidences a transaction involving interstate commerce.

    c.     I understand that, as used in this Arbitration Provision, the terms Custodian and Administrator include their (i) directors, officers, members, managers, employees, or agents in their capacity as such or otherwise and (ii) their successors and assigns. Each of the entities and/or individuals listed in this paragraph can enforce the Arbitration Provision.

    d.     I agree that, upon the request of any party, whether made before or after the institution of any legal proceeding, all claims and disputes of every type and matter, past present or future, which may arise between the Account Holder and the Custodian or between the Account Holder and the Administrator shall be submitted to individual, final and binding arbitration. I understand this Arbitration Provision is intended to be interpreted as broadly as the FAA allows and includes, but is not limited to, claims based on any legal theory whatsoever, including negligence, breach of contract, tort, fraud, misrepresentation, trespass, the common law, or any statute, regulation, or ordinance. I further agree that any and all disputes relating to the interpretation, applicability, enforceability, scope, waiver or formation of this Agreement, including but not limited to any contention that all or any part of this Agreement is void or voidable, is an issue to be decided by the panel of arbitrators. I understand that this Arbitration Provision shall govern any disputes involving Account Holder and the Custodian or between the Account Holder and the Administrator, as the case may be, notwithstanding any provisions, including and without limitation venue or arbitration provisions, contained in any agreement signed by Custodian in its custodial capacity.

    e.     Class Action Waiver: I understand that if I elect to arbitrate a claim that I may not participate in a class action in court or in class-wide arbitration, either as a plaintiff, defendant or class member. I understand that I may not act as a private attorney general in court or in arbitration and that claims asserted by me may not be joined or consolidated with claims brought by any other person. Further, I understand that the arbitrator(s) shall have no power or authority to conduct a class-wide arbitration, private attorney general arbitration or multiple-party arbitration. I understand that in the event a final judicial determination is made that the Class Action Waiver is unenforceable and that a class, mass, or representative action may proceed notwithstanding the existence of this Agreement, the Arbitrator is nevertheless without authority to preside over a class, mass, or representative action, and any such action must be brought in a court of competent jurisdiction—not in arbitration, but the portion of the Class Action Waiver that is enforceable shall be enforced in arbitration.

    f.     Mutuality: I understand that any restriction I have under this Arbitration Provision applies equally to limit the rights of the Custodian and Administrator to pursue the same claims, including but not limited to the Class Action Waiver,

    g.     Arbitration Rejection: If I do not want this Arbitration Provision to apply, I understand that I may reject it by mailing a written rejection notice which gives my name and account number and contains a statement that I reject the Arbitration Provision of this Agreement. The rejection notice must be sent by me to: Alto Trust Co., Capitol View Block E, 500 11th Avenue North, Suite 790, Nashville TN 37203. I understand that a rejection notice is only effective if it is signed by me, and it is received within 30 calendar days after the date I was first provided with this Agreement and written notice providing me with a right to reject this Arbitration Provision. My rejection of this Arbitration Provision will not affect any other provision of this Agreement or my ability to obtain other services from the Custodian and/or Administrator.

    h.     Small Claims Court Option: Notwithstanding the foregoing, I understand that I have the right to file an individual action in small claims court if it is within the jurisdiction of the small claims court and remains in that court. I understand that the Custodian and Administrator in such a small claims court action may not elect to have the claim resolved by binding arbitration. However, I understand that if such action is removed to federal court or transferred to a court of general jurisdiction that the defendant shall retain the right to have the dispute submitted to binding arbitration.

    i.     Judicial Review: I agree that judicial review shall be governed by the FAA. The decision of the Arbitrator may be entered and enforced as a final judgment in any court of competent jurisdiction.

    j.     Sanctions: I agree that to the extent allowed by applicable law, the arbitrator(s), may award either party its reasonable attorneys’ fees and costs upon a finding that a claim was frivolous or brought for purposes of harassment.

    k.     Pre-Arbitration Notice: I understand that any party who intends to file a demand for arbitration must first send to the other, by certified mail, return receipt requested, a written Notice of Dispute. I understand I must send my notice of dispute to Alto Trust Co., Capitol View Block E, 500 11th Avenue North, Suite 790, Nashville TN 37203, and that any Notice of Dispute sent to me may be sent to the last known address I have provided to the Custodian or Administrator. The Notice of Dispute shall contain: (1) my name, address, and phone number, (2) describe the nature of my claim and a short factual statement supporting the claim, (3) state the specific relief sought, and (4) be signed in writing by the party seeking arbitration (i.e., either by me personally, or a representative of the Custodian or Administrator). I understand that if I am the one demanding arbitration and I have retained an attorney, that my Notice of Dispute must also include my signed statement authorizing the Custodian and Administrator to disclose my confidential records to my attorney if necessary to resolve my claim. After the Notice of Dispute is received, I agree that any party has thirty (30) days to research the issues contained in the Notice of Dispute and attempt to engage in informal settlement negotiations with the party that submitted the Notice of Dispute.

    i.     Commencing Arbitration: I understand that an arbitration proceeding may not be commenced unless the arbitration claimant has complied with the PRE-ARBITRATION NOTICE requirement, above. To commence arbitration, I understand that a claimant shall file a Demand for Arbitration with the American Arbitration Association (“AAA”) and must send a copy of the Demand for Arbitration to the other party by certified mail, return receipt requested.  I understand that I shall send a Demand for Arbitration to the Custodian or Administrator at 500 11th Avenue North, Suite 790, Nashville TN 37203 and that any Demand for Arbitration send to me may be sent to the last known address I have provided to the Custodian or Administrator. I understand the AAA’s address is: American Arbitration Association, Case Filing Services, 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043. The AAA’s current address and/or email address also may be found on its web site at www.adr.org. I understand that demands for Arbitration may not be accepted by the AAA unless it includes my name, address, phone number and written signature, as well as a short statement of the claim and the specific relief that is being sought. I understand that if I have failed to comply with the PRE-ARBITRATION NOTICE and the requirements for the Demand for Arbitration that the AAA will be without authority to open a matter and commence arbitration until these requirements are satisfied.

    m.     Arbitration Administrator and Rules: I understand that the arbitration will be administered by the AAA and conducted in accordance with the AAA’s Consumer Arbitration Rules (“AAA Rules”) in effect at the time the arbitration commences; however, if there is a conflict between the AAA Rules and this Agreement, this Agreement shall govern. The AAA Rules are available at www.adr.org, by calling the AAA at 1-800-778-7879 or its then current telephone number as provided on its web site, or by sending a written request to: American Arbitration Association, 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043. Any arbitration proceeding shall be conducted by a panel of three arbitrators selected pursuant to the AAA rules unless the parties agree otherwise. I understand that if the AAA cannot or will not serve and the parties are unable to select an arbitration administrator by mutual consent, a court will select the arbitration administrator. Upon selection the arbitration administrator will appoint the arbitrator(s) in accordance with the arbitration administrator’s rules; however, the arbitrator(s) must be a retired or former judge or a lawyer with at least ten (10) years of experience.

    n.     Remedies: I understand that, subject to the CLASS ACTION WAIVER, the arbitrator(s) may award any party any remedy to which that party is entitled under applicable law (including without limitation legal, equitable, and injunctive relief), but such remedies shall be limited to those that would be available to a party in his/her/its individual capacity in a court of law for the claims presented to and decided by the arbitrator(s).

    o.     Location and Costs: I understand that any arbitration hearing must take place at a location reasonably convenient to me and that the location will be decided by the arbitrator(s). I understand that the parties will follow applicable law and the AAA Rules applicable to filing fees and administration fees. I understand that Custodian and Administrator will pay any and all fees of the arbitration administrator and/or the arbitrator if the applicable law or rules requires them to if they must bear such fees in order for this Arbitration Provision to be enforced.

    p.     Compelling Arbitration: I agree that if a party is required to enforce this arbitration agreement against the other party and/or to compel the other party to arbitration pursuant to this agreement, the party shall recover from the other party reasonable attorneys’ fees, costs and expenses so incurred. Arbitration shall be final and binding upon the parties. 


  17. Severability. If any provision of this Custodian Account Agreement is found to be illegal, invalid, void or unenforceable, such provision shall be severed and such illegality or invalidity shall not affect the remaining provisions which shall remain in full force and effect, except as otherwise noted in the Arbitration Provision and, specifically, the Class Action Waiver. Failure by a party to enforce at any time or for any period of time any of the provisions of this Agreement shall not be construed as a waiver of such provisions, or any party’s right to enforce each and every such provision.I declare that I have examined this document, including accompanying information, and to the best of my knowledge and belief, it is true, correct, and complete. I have read the fee disclosure and this Custodian Account Agreement and agree to abide by their terms as currently in effect or as they may be amended from time to time.

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