All controversies that may arise between Customer and CCMX concerning any subject matter, issue or circumstance whatsoever (including, but not limited to, controversies concerning any account, order, distribution, rollover, advice interaction, or transaction, or the continuation, performance, interpretation or breach of this or any other agreement between Customer and CCMX, whether entered into or arising before, on or after the date of the Account is opened) shall be determined by arbitration through the Financial Industry Regulatory Authority (FINRA) or any United States securities exchange that provides a forum for the arbitration of disputes, provided that CCMX is a member of such national securities exchange at the time the arbitration is initiated. Arbitration must be commenced by service upon the other party of a written demand for arbitration or a written notice of intention to arbitrate, therein electing the arbitration tribunal. In the event Customer does not make such election within five (5) days of such demand or notice, then Customer authorizes CCMX to do so on behalf of Customer. The commencement of arbitration through a particular self-regulatory organization or securities exchange is not integral to the underlying agreement to arbitrate. Customer understands that judgment upon any arbitration award may be entered in any court of competent jurisdiction.
No person shall bring a putative or certified class action to arbitration, nor seek to enforce any predispute arbitration agreement against any person who has initiated in court a putative class action; or who is a member of a putative class action who has not opted out of the class with respect to any claims encompassed by the putative class action until: (i) the class certification is denied; or (ii) the class is decertified; or (iii) the customer is excluded from the class by the court. Such forbearance to enforce an agreement to arbitrate shall not constitute a waiver of any rights under the CCMX Supplemental Terms and/or the Secondary Trading Request Form except to the extent stated herein.