Account Agreement

Gold
$ 1927.38 -0.07
Silver
$ 23.66 0.01
Platinum
$ 1012.48 -0.06
Palladium
$ 1641.74 -4.11
Last Update : 31-Jan 07:03PM

Precious Metals Account Agreement 

This Agreement is entered into between You and QIRAT LLC (“QIRAT”), and it shall govern all aspects of your Precious Metals Account (the “Account”) with QIRAT. This Agreement is a valid and binding agreement that is enforceable upon You in accordance with its terms, and it supersedes all prior agreements between You and QIRAT.


ARTICLE I
PRODUCTS & SERVICES

1.1 Order Types

At your direction, and in accordance with your written, oral and/or e-communications instructions, QIRAT will attempt to Buy, Custody and Liquidate for You precious metals bullion products, including, but not limited to, bullion coins and bars (collectively, “Bullion,” or individually referred to as a “Bullion Product”).

1.2 Bullion Holdings

For reason of necessity and/or convenience, You agree to use QIRAT’s Bulk Custody Service.

Bulk Custody Service

With our Bulk Custody Service, You will have credited to your Account and hold a specified amount of ounces of gold, silver, platinum and/or palladium that represent a specific, but undivided, proportionate interest in bulk, generic Bullion purchased by QIRAT LLC for your benefit, and for the benefit of other QIRAT LLC customers. QIRAT LLC will, in its discretion, buy or sell a variety of bullion products, including coins, bars, ingots, exchange receipts and/or physical delivery contracts, to maintain sufficient liquidity of your holdings, and the holdings of other customers. We may, upon substitution, use portions of such generic bullion, and You understand that we may profit by such substitution and use, in addition to the administration fees that You are required to pay. You will be billed for administration fees annually pursuant to the administration rates and other fees for the Bulk Custody Service that are in effect from time to time. Administration fees are calculated by summing the daily charges for the billing period. The daily charges are calculated by multiplying the total dollar value of holdings each day by the current daily rate. The total dollar value equals the number of ounces of each metal type held multiplied by the applicable daily spot metal price. The current daily rate is the annual rate divided by 365 days. The current administration rates and other fees in effect are posted on QIRAT’s website, www.qirat.org. You shall not make any use or disposition of the Bullion in your Account that would convert this Account into a security under state or federal law.

ARTICLE II
TERMS OF TRADING

2.1 Verbal, written and/or E-Communications Instructions

You acknowledge that it is customary for Buy, liquidate and/or Cancel Orders to be given Verbally, Written and/or 
E-Communications.

You hereby authorize QIRAT to accept and act upon your Verbal, Written and/or E-Communications instructions, or anyone whom You authorize to act on your behalf, without inquiry, investigation, or prior notice to You. You agree to keep confidential your personal identifying information and the account number assigned to your account, and to take every precaution necessary to prevent unauthorized access to your account and/or the issuance of unauthorized or fraudulent instructions to QIRAT. You further agree to immediately notify QIRAT of any unauthorized acts or fraudulent acts taking place in your account or elsewhere, that You know about or You should know about in the exercise of ordinary care. QIRAT may rely conclusively on the authenticity of any verbal, written and/or e-communications instructions it receives where the issuer of such instructions correctly provides your account number or any other method of identification that QIRAT relies upon in good faith. QIRAT shall not be liable to You for any losses or damages that You may suffer due to unauthorized access to your account, QIRAT’s good faith reliance on any unauthorized or fraudulent verbal, written and/or e-communications instructions that it receives, or errors or omissions arising out of such unauthorized access or verbal, written and/or e-communications instructions. QIRAT reserves the right to refuse a Buy, Liquidate and/or Cancel Order if it is prohibited by applicable law, or if QIRAT is otherwise unable to comply with your instructions. By providing Your email address to QIRAT, You duly authorize and instruct QIRAT to: (a) honor and act on any notice or instruction that QIRAT receives from that email address; and (b) send to You statements listing assets and transactions, trade confirmations listing transactions and/or account correspondence via email to the email address You have provided (collectively referred to as “E-Communications”). You understand that email and internet services are not secure mediums of communication. You acknowledge that E-Communications may be viewed by anyone who obtains access to Your email account. In consideration of being granted the convenience of E-Communications, You represent to QIRAT that You will act with due diligence to prevent unauthorized access to and use of Your email account. If You know or suspect that your email address, password, and/or email account has or have been compromised, You must immediately notify QIRAT and make a request to change the email address on file and to suspend all E-Communications from and to your current email address. You must notify QIRAT in writing to terminate any authorization You have given to QIRAT under this paragraph, and such termination will be deemed effective five calendar days’ after QIRAT’s receipt of same. Emails on rare occasions may fail to transmit properly. You agree that any account communications sent to You via email will be deemed delivered to You regardless of whether You receive or access the account communication. QIRAT makes no warranty of any kind, express or implied, regarding any electronic services provided under this agreement. QIRAT specifically disclaims a warranty of any kind that such electronic services will be uninterrupted or error-free.

2.2 Buy Orders

QIRAT will, if practical, execute a Buy Order of Bullion for Your Account pursuant to your request.

QIRAT Plans

QIRAT Plans is a pre-arranged periodic precious metals full services (Buy, Custody and Liquidate) request on your behalf, your purchases shall be made on the same day(s) of each year as selected by You on QIRAT Plans Enrolment form. Purchases will commence on the next QIRAT Plan purchase day designated on your form, and if applicable. If You wish to cancel your QIRAT Plan, QIRAT must receive notice at least five (5) banking day before your next scheduled purchase date.

QIRAT Plans Rewards

Your commitment with QIRAT’s Plans rewards one of two options, from zero to one hundred percent same amount of purchased precious metal for a year or years. Or from zero to one hundred percent same amount of purchased precious metal for a year or years by referring a completed approved Plans. QIRAT reserves the right to determine the Rewards associated with your Plan. You shall not be entitled to Liquidate your reward before your Plan Maturity.

Payment for Buy Orders

You must pay for any Buy Order prior to placing such order. QIRAT may, in its discretion, allow You to submit payment after You place a Buy Order. However, once a confirmation number has been issued to You, the price of the Buy Order will be locked in. If QIRAT does not receive payment within seven (7) business days, it may cancel the Buy Order and your plan.

Market Loss

QIRAT Plans Liquidation Price Equals your purchased Price, which means that we protect your investments against Market Price Fluctuations. When You instruct QIRAT to place an order for Your account, and QIRAT executes that order, a binding contract is formed between You and QIRAT. You will be in breach of that contract if QIRAT suffers a Market Loss. QIRAT incurs a Market Loss when Your Buy Order or Your Plan is cancelled by QIRAT or at Your direction. You specifically authorize QIRAT to charge Your credit card, or apply any payment or debit to this Account or any other account that You maintain with QIRAT or its affiliates with 20% of your QIRAT account credit, without prior notice to You, in order to recover a Market Loss that QIRAT incurs due to a cancellation. You agree to reimburse QIRAT for all costs, damages, penalties, interest, or liabilities incurred by QIRAT due to a Market Loss. No additional Buy Order may be made until a market loss is paid in full. Any market gain on cancellations shall become due to and the property of QIRAT, and You shall not be entitled to profit from such cancellations.

Payment Methods

Payments may be made by a) cash; b) bank wire; c) cashier’s check; d) certified check; e) a personal check drawn on an account with sufficient available funds; f) credit card; or g) debit card. QIRAT reserves the right to limit the dollar amount or the types of transaction associated with any of the above payment methods.

Buy Order Settlement

Settlement, by credit to Your Account of Bullion, will occur upon QIRAT’s receipt of Good Funds.

Good Funds Policy

QIRAT’s receipt of Good Funds depends on the payment method that You select. Payment by cash or bank wire will result in settlement within two (2) banking days. Payment by credit/debit card will result in settlement within three (3) banking days. Payment by cashier’s check, certified check, or personal check will result in settlement within four (4) to ten (10) banking days, depending on the order amount, the duration of the forward collection process, and/or Your bank’s cooperation in verifying final settlement of the check.

2.3 Liquidation Order

At your Plan Maturity, QIRAT will automatically execute a Surrender Order of Bullion for Your Account.

Surrender Order Settlement

QIRAT will pay You for Bullion that You hold by: a) issuing You a check; b) wire transfer (wire fee may apply) pursuant to Your instructions; or c) ACH payment (ACH fee may apply) pursuant to Your instructions. Payment will be made within three (3) business days after the execution of the Surrender Order or on a certain date that shall be agreed upon notice by both QIRAT and You at the time of the Plans Maturity. QIRAT reserves the right to suspend its offering of one or more of the payment methods above without further notice to You.

2.4 Prices, Commissions & Order Execution

The price per ounce at which Your Buy Order or Liquidation Order is executed shall be determined by QIRAT in accordance with Industry and QIRAT’s Intellectual Property Standards. QIRAT will charge a commission for orders in accordance with its then-existing commission schedule. The commission that You pay is for order execution services only. You acknowledge that QIRAT does not offer any investment, financial, legal, or tax advice, nor charge for it under this Agreement. For settlement of Buy or Liquidation Orders, QIRAT may: a) use the services of other bullion dealers, b) match one or more customer Buy Orders with one or more customer Liquidation Orders, or c) use its own inventory. You understand that QIRAT may profit from the bid-ask price differential and/or a markup, and You agree that QIRAT is not liable to account to You for such profits.

2.5 Confirmation & Statements

QIRAT will send You confirmation notice of each Buy, cancel and/or Surrender Order executed for the Account. Upon receipt, You should promptly and carefully examine the confirmation. If You believe there is an error in the confirmation, You must notify QIRAT, within five (5) business days of receiving the confirmation. Unless QIRAT receives notification within that time, QIRAT is entitled to rely on the confirmation as being correct, and you will waive any right to contest the accuracy of the confirmation. You will also receive periodic statements of Your Account activity and bullion holdings. Upon receipt, You should promptly and carefully examine the statement. If You believe that there is an error in the confirmation, You must notify QIRAT, within ten (10) business days of the statement date. Unless QIRAT receives notification within that time, QIRAT is entitled to rely on the confirmation as being true and correct, and You will waive any right to contest the accuracy of the confirmation.

ARTICLE III
GENERAL TERMS & CONDITIONS

3.1 Insurance

QIRAT and its sub-custodians maintain insurance to protect against loss of and/or damage to Bullion coins and bars held in Your Account.


3.2 Account Payment

You must pay any amounts due to QIRAT in a timely manner. You will be considered to be in default under this Agreement if You fail to pay administration fees within ten (10) days of the date that they are due. You agree that, upon default, QIRAT may assess to this Account annual late fees of $30.00 or 1.5% of any overdue amount, whichever is greater.

3.3 Security Interest

You hereby grant QIRAT a security interest in Bullion held in Your Account(s) and/or any of Your assets held in account(s) administered by an affiliate of QIRAT. Upon Your default, QIRAT has, in addition to all other rights and remedies afforded QIRAT herein, the rights and remedies of a secured party under the Uniform Commercial Code as adopted by the State of Delaware. You hereby authorize QIRAT to take any and all actions necessary to perfect or maintain perfection of the security interest granted to it under this paragraph, and You further agree to fully cooperate with QIRAT in perfecting or maintaining perfection of such security interest. You irrevocably appoint QIRAT as a limited power of attorney to execute documents that QIRAT may require to perfect QIRAT’s security interest.

3.4 Right of Set-off

You acknowledge that QIRAT maintains a right of set-off against the Account and account(s) You have with any of QIRAT’s affiliates. If You fail to pay an account indebtedness in a timely manner, QIRAT may: (a) liquidate Bullion held in the Account and/or accounts You have with QIRAT’s affiliates and then apply the proceeds to satisfy the outstanding amount owed by You and/or debit funds in the Account and/or accounts You have with QIRAT’s affiliates; and/or (b) close the Account. If QIRAT exercises its right to liquidate Bullion, QIRAT may liquidate such Bullion without obtaining Your prior approval and the liquidation may be executed according to any method, timing, sequence, or order type that QIRAT selects in its sole discretion. You agree that neither QIRAT nor its affiliates will be liable for actual or alleged loss or damages incurred as a result of a liquidation or other exercise of rights granted under this paragraph, and You agree to release and indemnify QIRAT and its affiliates from liability regarding QIRAT’s assertion of its right of set-off. You agree that QIRAT shall be deemed to have exercised its right of set-off, contemporaneously and on the first calendar date that You are in default of Your payment obligation, i.e., 10 calendar days after the invoice date. You remain responsible to pay fees that accrue following the date of liquidation or other set-off event. Note that any liquidation order before plan maturity considered a cancellation order.

3.5 Remedies

You agree and acknowledge that if, upon due demand, You fail to pay an account indebtedness, QIRAT may liquidate assets in Your Account and apply the proceeds to satisfy the outstanding amount and You will be liable to pay for any and all costs and expenses incurred by QIRAT or its affiliates in liquidating assets to satisfy Your indebtedness, and in enforcing and collecting any Indebtedness that You owe, including, without limitation, any legal fees or costs, or attorneys’ fees. If Your assets are insufficient to satisfy any indebtedness that You owe, QIRAT reserves the right to collect such excess amounts from You, and to assess late fees of $30.00 or 1.5% of any excess amount, whichever is greater, until the excess amount is satisfied. The remedies that are available to QIRAT, as provided herein, or available at law or in equity, shall be cumulative and concurrent, and may be pursued singularly, successively or together, at the sole discretion of QIRAT, without any limitation on the frequency of granting similar or different relief.

3.6 Unclaimed Property

QIRAT is required to comply with state unclaimed property laws applicable to Dormant Accounts. A Dormant Account is an account that has been inactive, with no account activity, payment, or record of communications from You for a number of years specified by applicable state law. Prior to surrendering the assets, all Bullion in the Account will be liquidated and a commission will apply to sale of the Bullion. To reduce the likelihood of these events occurring, You must promptly notify QIRAT of a change of address and You should periodically communicate with QIRAT regarding the Account. If Your funds are surrendered to a state, You may be able to reclaim those funds by submitting a claim to the state. QIRAT is not responsible for custody of funds that are remitted to and/or held by a state. You agree to hold QIRAT harmless against any claims or actions arising out of QIRAT’s compliance with unclaimed property laws.

3.7 Force Majeure

Due to circumstances beyond QIRAT’s control, certain acts could occur that may prevent QIRAT from performing services contemplated by this Agreement. These events include the failure of third-party electronic or mechanical equipment or telecommunication lines, cyber attack, government action, judicial orders, earthquake, fire, flood, severe and/or extraordinary weather conditions, natural disasters, act of God, acts of war or civil war, terrorism, insurrection, riot, strike, labor dispute, pandemic (such as COVID-19 and any health or government directive or advisory related thereto), epidemic, radioactive contamination, suspensions of trading and/or commodity exchange or commission directives or rulings, unusual market behavior or activity, curtailment of national or international transportation, or any other event or circumstance beyond QIRAT’s control. QIRAT shall not be liable to You for any loss or damages that You incur or claim to incur due to QIRAT’s inability to perform its services due to circumstances beyond its control.

3.8 Assignment Prohibited

Any assignment of the Account, or Your delegation of duties or responsibilities under this Agreement, is null and void without QIRAT’s prior written consent. No benefit is given, or intended to be given, to a third party by QIRAT under this Agreement. The confirmations and statements that You receive from QIRAT are intended to be used for Your own informational purposes only.

3.9 Amendment and Termination

The terms or provisions of this Agreement may be amended upon QIRAT’s notice to You of such amendment. Your consent to the Amendment shall be deemed to be given if You fail to object within 30 calendar days from the date the notice was sent to You. The amendment will not apply to orders accepted prior to the date of the amendment. This Agreement shall be cancelled upon five (5) banking days’ notice of cancellation by You or QIRAT. Sections 2.1, 3.2, 3.3, 3.4, 3.5, 3.6, 3.7, 3.8, 3.10, 3.11, 3.13, 3.15, 3.16, 3.17, 3.21, and Article IV shall survive the cancellation of this Agreement. QIRAT will post the current version of this Agreement on its website, www.qirat.org.

3.10 Waiver

Neither QIRAT’s failure to insist upon strict compliance with the terms of this agreement, nor any continued course of such conduct on its part, shall constitute or be considered a waiver by QIRAT of any of its rights or privileges hereunder. No term or provision of this agreement can be deemed to be waived, altered, modified or amended unless it is specifically agreed to in writing by a duly authorized officer of QIRAT.

3.11 Severability

If any provision or part of this Agreement becomes invalid by law, regulation or proceeding or is found to be otherwise unenforceable, all other provisions shall remain in full force and effect.

3.12 Entire Agreement

This Agreement is the entire agreement between You and QIRAT, and it supersedes in all respect all prior proposals, negotiations, conversations, discussions, and agreements concerning the subject matter hereof.

3.13 Subpoenas

In the event that QIRAT receives a subpoena, warrant, or order of any court of the United States of America or a state relating to the Account, QIRAT is authorized to comply with the subpoena or order without notice to You even if the party issuing the subpoena, warrant, or order lacks jurisdiction over QIRAT, You, or the Account. QIRAT reserves the right to request and obtain reimbursement for costs or expenses that QIRAT incurs in complying with any such subpoena.

3.14 Reporting

You acknowledge that federal or state law may require QIRAT to report transactions hereunder to federal or state governments, and You consent to the submission of any such reports. You agree to provide QIRAT appropriate identifying information, including a correct tax identification number to allow QIRAT to comply with all reporting requirements.

3.15 Notice

Any notice sent to or received from QIRAT shall be deemed received: (a) for mail service, on the fifth (5th) calendar day following the day of the mailing; (b) for email service, within 24 hours following service of the email (or at the close of the next Business Day, if the email is sent on a day that is not a Business Day). You agree to promptly notify QIRAT if You change Your mailing or email address.

3.16 Warranty and Indemnification

You warrant that all representations made to QIRAT pursuant to this Agreement are true to the best of Your knowledge, and that Your performance hereunder will comply with all applicable laws. You agree to indemnify and hold QIRAT, its officers, directors, affiliates, and employees free and harmless against any and all third party liabilities, damages, losses, expenses, claims, demands, suits, fines or judgments, including but not limited to costs and attorney fees, which may be recoverable from QIRAT, its affiliates, officers, directors, affiliates or employees arising out of Your acts or omissions under this Agreement, or with respect to Bullion in the Account, except to the extent such damages or liability results solely from the gross negligence or intentional misconduct of QIRAT.

3.17 Telephone Recording

For business purposes, QIRAT reserves the right to record any telephone conversations with you or Your designated representative(s) without the use of a warning tone or any further notice. Such recordings will be the exclusively property of QIRAT and shall be accepted as evidence of instructions given should there be a dispute or disagreement regarding any such instructions or other matters. QIRAT reserves the right, at its sole discretion, to store a recording; however, QIRAT has no legal duty or obligation to store or otherwise preserve a recording.

3.18 Account Security and Protection

You represent to QIRAT that you will use all practical means of preserving the security of unique user names, passwords and/or other security methods put in place to prevent unauthorized viewing of personal financial information or the issuance of unauthorized or fraudulent instructions relating to the Account. QIRAT encourages You to maintain a strong password (e.g., avoid selecting a password containing personal information, e.g., first or last name or SSN, or common dictionary words), avoid using the same password that you use for other financial accounts or websites, change the password regularly, and avoid keeping a written record of Your password. QIRAT shall not be liable to You for any losses that You may suffer due to QIRAT’s good faith reliance on unauthorized or fraudulent instructions that it may receive.

3.19 Scope of Products and Services

In servicing Your Account, You understand that QIRAT will not execute or settle orders for securities, options, commodities futures contracts, or any type of investment that is bought or sold on national or foreign exchanges, markets or clearing houses. QIRAT and its affiliates do not offer or enter into, execute or settle leveraged, margined, or financed transactions. QIRAT executes all orders as spot transactions upon instructions that QIRAT receives from You.

3.20 Disclaimer

You understand that QIRAT provides no financial, legal, tax, or investment advice for Your account. Nor does QIRAT give advice or offer any opinion regarding the suitability of Your investments. You agree to rely on Your own judgment (assisted by independent third parties, in Your discretion) for all investment decisions, and QIRAT shall not be responsible Your investment decisions. You also agree to monitor Your positions closely to make Your own decisions for this Account. This Agreement, and QIRAT’s performance of its duties hereunder, shall not be deemed to create a fiduciary or agency relationship between You and QIRAT. You recognize and acknowledge that bullion markets are volatile, and there is the possibility that a loss will be incurred from an investment in Bullion. An investment in Bullion provides no interest or dividends. Bullion prices must rise during the period that Bullion is held in order to provide a return equal to that of income producing assets. An investment in Bullion is not insured or guaranteed by the Federal Deposit Insurance Corporation or any other government agency.

3.21 No Consequential Damages

You understand that the fees charged by QIRAT reflect its risk allocation including, but not limited to, the limitations of QIRAT’s liability under this Agreement. Accordingly, you agree that QIRAT is not liable to You for consequential, incidental, indirect, special, punitive or exemplary losses or damages, or for loss of revenue, loss of profit, loss of business opportunity, or business interruption, regardless of whether the possibility of such damages is disclosed to or reasonably foreseeable to QIRAT. Also, You understand that no insurance and QIRAT will not be liable to reimburse You in any manner for any loss, damage or destruction of Bullion directly or indirectly caused or contributed by: (i) war, invasion, acts of foreign enemies, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation or nationalization or requisition or destruction of or damage to property by or under the order of any government or public or local authority; (ii) act of terrorism; (iii) targeted cyber attack; (iv) radioactive contamination, chemical, biological, bio-chemical and electromagnetic weapons, radioactive, toxic, explosive or other hazardous or contaminating properties of any nuclear installation, reactor or other nuclear assembly or nuclear component thereof; (v) any weapon or device employing atomic or nuclear fission and/or fusion or other like reaction or radioactive force or matter; or (vi) any sanction, prohibition or restriction under United Nations resolutions or the trade or economic sanctions, laws or regulations of the European Union, United Kingdom or United States of America.

3.22 Counterparts

This Agreement may be executed in one or more counterparts, all of which taken together shall constitute a single agreement.

ARTICLE IV
ARBITRATION

IMPORTANT NOTICE: READ THIS PROVISION CAREFULLY AS IT LIMITS THE RIGHTS THAT YOU MAY HAVE TO LITIGATE DISPUTES IN A COURT OR BEFORE A JURY, OR TO ACT OR PARTICIPATE AS A REPRESENTATIVE OR MEMBER OF ANY CLASS OF CLAIMANTS IN CONNECTION WITH A CLAIM OR DISPUTE.


4.1 Arbitration

You and QIRAT agree that any dispute, claim, or controversy that cannot be settled through good faith discussions shall be resolved by arbitration conducted in accordance with the most recent Commercial Arbitration Rules of the American Arbitration Association (AAA). You or QIRAT shall be entitled to file a written demand for arbitration to AAA which shall be permitted only after thirty (30) days have elapsed since You or QIRAT has indicated, in writing, that a good faith attempt is being made to resolve a claim or dispute by informal means. The place of arbitration shall be Wilmington, Delaware (notwithstanding that certain acts or transactions under this Agreement may occur outside Wilmington, Delaware), and the terms of this Agreement shall be governed by the laws of the State of Delaware without giving effect to conflicts of laws. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either party may, without waiving any remedy under this Agreement, seek from any court having jurisdiction, any interim or provisional relief necessary to protect the rights or property of that party, pending the arbitrator’s determination of the merits of the controversy. This agreement to arbitrate extends to all officers, directors, employees, representatives, agents, and affiliates of QIRAT.

4.2 Initiation of Arbitration

Any party may begin the arbitration process by filing a written demand for arbitration with AAA, with a copy to the other parties. You may obtain the arbitration rules or learn how to file a Claim by contacting:
American Arbitration Association 1633 Broadway, 10th Floor
New York, NY 10019
(800)778‐ 7879
www.adr.org

4.3 Selection of Arbitrators

A single arbitrator shall be selected and agreed upon by both parties to adjudicate a dispute in accordance with AAA’s rules.

4.4 Arbitration Costs

You agree and acknowledge that You will be responsible to pay for half of the arbitration fees and costs charged by AAA relating to the arbitration submitted to it by either party, except that You shall be entitled to petition the arbitrator to attribute all or a portion of Your share of administrative and arbitrator costs to QIRAT if You satisfactorily demonstrate to the arbitrator that Your financial means are insufficient to pay such costs. However, each party shall remain responsible for its own attorneys’ fees.

4.5 Limited Discovery

The ability to obtain documents, witness statements, and other discovery is generally more limited in arbitration than in a court of law.

4.5 Entering Judgment

The arbitration shall be final, conclusive, and binding on the parties and the award of the arbitrator shall be enforceable in any court of competent jurisdiction.

4.6 Class and Representative Actions

You agree and acknowledge that all claims must be brought only in Your individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Neither You nor QIRAT will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.

4.8 Waiver of Litigation Rights and Jury Trial

By signing this Agreement, You acknowledge that You are giving up any right You have to bring claims, controversies, or disputes in a court of law, or have them decided by a judge or jury.

4.9 Voluntary Agreement; Revocation

This agreement to arbitrate is voluntary. This agreement to arbitrate may be revoked by You if You provide written notice to QIRAT within 60 days of signing this agreement.

4.10 Severability

If any of the provisions of Article IV herein are found to be unenforceable as to all or some parts of a dispute, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration.