Tax Loss Harvest Program: BrightPlan or Subadvisor, as part of its strategy, will sell, from time to time and to the extent they deem appropriate, a security held by the account at a loss in order to offset potential capital gains and reinvest the proceeds of such sale in a security that BrightPlan or Subadvisor reasonably believes, that it is not substantially similar. All tax benefits of reaping the tax loss depend on the realization of capital gains in the same or a future tax period and may be subject to restrictions. This Tax Loss Harvest program only takes into account securities and transactions held in the account and not securities held by the client or the client`s spouse through another account. Transactions made outside the account and securities held outside the account may influence whether a loss is successfully collected and, if so, whether the loss can be used by the client to offset capital gains. The Tax Loss Harvest Program is not intended as tax advice, and BrightPlan gives no assurance that certain tax consequences will be generated by the Tax Loss Harvest Program. Arbitration: The parties waive their right to appeal to the courts, including the right to a jury trial. The parties agree that any dispute between or between the parties arising out of, in connection with or in connection with this Agreement or the account(s), including the determination of the scope and enforceability of the arbitration agreement, shall be resolved exclusively by a binding arbitration procedure conducted under the aegis of JAMS, in accordance with its global arbitration rules and procedures. The arbitration will take place at the time the dispute arises in brightplan`s county and state headquarters. Disputes are not settled in another forum or elsewhere.
Arbitration is conducted by a retired judge experienced in resolving securities disputes. The parties agree that the arbitrator shall apply the substantive law of the State of Delaware to all rights of the State, that the limited discovery shall be made in accordance with the detailed arbitration rules and procedures of JAMS and that the arbitrator may not pay punitive or exemplary damages except to the extent that such damages are prescribed by law, to be an available remedy for one of the specific claims invoked. In accordance with JAMS` detailed arbitration rules and procedures, the arbitrator`s arbitral award consists of a written statement of the decision regarding each claim and, if applicable, the relief granted for each claim. The arbitral award shall not contain or accompany facts, conclusions or other written explanations of the reasons for the prize. The parties understand that the right to appeal an arbitrator`s decision or arbitral award or to request an amendment is severely limited by national and federal law. Any arbitration award rendered by the arbitrator is final and binding, and the judgment may be registered with any court of competent jurisdiction in the county and state of BrightPlan`s registered office at the time of the award or as provided by law. .