The phrase "Non-Professional Investor" means any natural person who is neither:
(a) registered or qualified in any capacity with the SEC, the Commodities
Futures Trading Commission, any state securities agency, any securities
exchange or association, or any commodities or futures contract market or
association; (b) engaged as an "investment advisor" as that term is defined in
Section 201 (11) of the Investment Advisors Act of 1940 (whether or not
registered or qualified under that Act); nor, (c) employed by a bank or other
organization exempt from registration under federal or state securities laws to
perform functions that would require registration or qualification if such
functions were performed for an organization not so exempt. The phrase
"Professional Investor" means all other persons who do not meet the definition
of Non-Professional Investor.
Before reviewing the agreements, please let us know if you are a professional
or a non-professional (as defined by the exchanges).
Please read the definition of a non-professional and select the appropriate
A non-professional refers to a natural person, who is applying/acting in a
personal capacity, as neither a principal, officer, partner, employee, nor
agent of any business, nor on behalf of any individual. A non-professional is a
person who obtains information for their own investment purposes and not for
any business purposes.
The person cannot be registered or qualified with*: The Securities Exchange
Commission (SEC) in any capacity; The Commodities Futures Trading Commission;
Any state securities agency; Any securities exchange or association; Any
commodities or futures contract market or association.
* Or foreign organizational equivalents.
Furthermore, a non-professional investor can be neither (a) an investment
advisor (as that term is defined in Section 201(II) of the Investment Advisors
Act of 1940, whether or not registered or qualified under that Act); (b) a
person employed by a bank, or other organization exempt from registration under
federal and/or state securities laws, to perform functions that would require
registration or qualification if such functions were performed for an
organization not so exempt; or (c) a person engaged as a consultant,
independent contractor, software developer, or other person that uses market
information for any purpose for profit other than the trading of that person's
own personal account(s).
If you are a non-professional as defined above, please answer "I am NOT a
Professional Investor". If you are not a non-professional as defined above, you
should answer "I Am a Professional Investor". Please note that if for any
reason your status as a non-professional changes, you are required to notify
us. You may access this agreement online and make changes to your responses at
any time should your circumstances change.