Website Terms and Conditions – www.GFIgroup.com
Please read these terms carefully because they describe your rights and responsibilities.
Important Legal Information
The information and opinions provided on this Site (as defined below) are not intended and should not be distributed or used by, any person, firm or enterprise anywhere where distribution or use would be contrary to the laws or regulations of that jurisdiction or country or which might subject GFI to any registration or government filing requirement. Neither the data nor information, nor any opinions available on or through this Site are intended to be or constitute a solicitation or offer by GFI to buy or sell any securities, futures, options or other financial instruments or provide any investment advice or service. You must consult your own financial, investment, tax and legal advisors to obtain counsel and advice applicable to your own situation and your investments and financial affairs. Please note that some features, functions, products and services of GFI or the Site may not be available in all jurisdictions or to everyone.
1. Scope of Agreement; Definitions
You acknowledge that if you use the Site, you are agreeing to be bound by and comply with the terms and conditions of this Agreement. If you do not agree to or wish to be bound by this Agreement, do not use the Site.
We may add to, delete from or modify the Site at any time in our sole discretion. We may modify or amend this Agreement with you at any time in our sole and absolute discretion and we will advise you via electronic mail or by posting the changes on the Site. These changes will take effect once they are posted so check back frequently to make sure you are aware of the terms and conditions of your agreement with us. You can review and print out a current copy of this Agreement at any time on the Site. If any change we make is not acceptable to you, you must stop using the Site, because any use of the Site by you after they are posted constitutes your acceptance of the changes.
2. Proper Use of the Site
You must comply with all local, state, federal laws, statutes, rules and regulations, as well as any treaties, which apply to your use of the Site and you must comply with any and all reasonable instructions we may provide from time to time regarding your use of the Site. If you do not, we may discontinue your right to use the Site immediately and without further notice. If you are a registered user, you must also comply with and adhere to any additional terms and conditions that apply to you as a registered user and those features, functions and activities which we have authorized for you.
You may not use or allow, enable, knowingly condone or facilitate others to use the Site, in any manner that is or is likely to:
(a) be libelous, defamatory, vulgar or obscene, pornographic, sexually explicit or sexually, racially, culturally, ethnically or otherwise actually or potentially offensive, harmful, harassing, threatening, hateful, objectionable, discriminatory or abusive;
(b) violate any law, regulation or judicial or governmental order;
(c) cause duress, distress or discomfort to another or is likely to discourage others from using the Site;
(d) infringe upon or violate any rights, including, without limitation, intellectual property or proprietary rights, of others;
(e) use the Site in a manner inconsistent with or not related to your properly visiting the Site or the manner authorized and permitted by us;
(f) modify, disrupt, impair, interfere with, alter or modify (i) the Site, (ii) the use of the Site by others, or (iii) the operation and maintenance of the Site by us;
(g) affect us adversely or reflect negatively on us or the Site; or
(h) collect or obtain any information of another party, including, without limitation, personally identifiable information, without that party’s express written consent.
GFI respects your privacy and the use and protection of your personal information is important to us. Please see our Privacy Statement for important information and disclosures relating to the collection and use of your information on the Site.
4. Proprietary Rights
Except for your proprietary information which you input or otherwise provide to us, as between you and GFI, the Site and all text, graphics, photographs, images, logos, icons, programs, software, data, audio, content, information, reports and materials used or made available for your use in connection with the Site (including, without limitation, non-personally identifiable or company-specific information or data which has been aggregated, compiled or derived from data, information or materials you and other customers may provide or make available to us, whether tangible or intangible, in any form or media, and all intellectual property rights in and to the same) are proprietary to or are owned by us or our suppliers. You agree and consent to our use of your information and data, in conjunction with information of other users of the Site in aggregated, compiled and/or derivative form for our own internal business purposes. We may also make such aggregate, compiled or derived information and data available to other users, whether for a fee or not; however, we will not identify you in such information or data unless we obtain your prior consent.
Other than for purposes related to your permitted use of the Site, you may not download, retransmit or reproduce anything available or provided on the Site in any manner or in any form. You will not alter, erase or otherwise obscure any proprietary or other notices which we place or cause to appear on the Site. Any and all rights not expressly granted by this Agreement, whether existing now or arising in the future, are hereby expressly reserved by us.
You are solely responsible and liable for anything you provide, enter or post on the Site, and for anything you distribute, reproduce, link to or otherwise transmit to others, whether obtained or derived from or through the use of the Site or otherwise. We reserve the unconditional right to remove any information, data, text, graphics, content or other materials which you provide to or on the Site, which we consider to be in violation of any of the terms of this Agreement.
5. Third Party Sites
The Site may contain references or links to other web sites, web pages, materials, information and resources (“Third Party Sites”) over which we have no control. Such references and links are provided merely as a convenience. You leave this Site at your own risk and acknowledge and agree that we are not endorsing or responsible for or associated with any Third Party Sites. You should assume that any information or content on any Third Party Site did not originate with and has not been approved by us. In fact, we may not even be aware of the specific content, information, features or capabilities associated with such Third Party Sites. We make no guarantees or representations as to, and have no liability for, any electronic content delivered by any third party, including, without limitation, the accuracy, subject matter, quality or timeliness of any electronic content. We are not responsible or liable, in any manner whatsoever, for, in connection with or as a consequence of your use of any Third Party Sites, even if you advise us of the possibility that damages may result.
6. Forward Looking Statements
This website may contain forward-looking statements and the words “anticipate,” “believe,” “estimate,” “may,” “might,” “intend,” “expect” and similar expressions identify such forward-looking statements. Actual results, performance or achievements could differ materially from those contemplated, expressed or implied by the forward-looking statements contained herein. These forward-looking statements are based largely on the expectations of the Company and are subject to a number of risks and uncertainties. These include, but are not limited to, risks and uncertainties associated with: economic, political and market factors affecting trading volumes, securities prices or demand for the Company’s brokerage services; competition from current and new competitors; the Company’s ability to attract and retain key personnel, including highly-qualified brokerage personnel; the Company’s ability to identify and develop new products and markets; changes in laws and regulations governing the Company’s business and operations or permissible activities; the Company’s ability to manage its international operations; financial difficulties experienced by the Company’s customers or key participants in the markets in which the Company focuses its brokerage services; the Company’s ability to keep up with technological changes; and uncertainties relating to litigation. Further information about factors that could affect the Company’s financial and other results is included in the Company’s filings with the Securities and Exchange Commission. The Company does not undertake to publicly update or revise any forward-looking statements, whether as a result of new information, future events or otherwise.
7. Registered Users
We may authorize, enable and grant you permission to use certain features and functions of the Site, which are not generally available to the public and, if we do, you will be considered a ’registered user.’ When applying to become a registered user, you may be required to provide us with certain information. We will notify you if your application is approved and, as a registered user, we will provide you with access to those non-public features and functions of the Site which are applicable to you as a registered user, subject to your agreement to be bound by and comply with any applicable Additional Terms and Conditions. You represent, warrant and covenant to us that any and all information you do provide to us, is and will be true, accurate and complete when given to us, that in providing information to us you will not knowingly omit or misrepresent any material facts or information, and that you will promptly enter corrected or updated information in your registered user profile, through the use of the Site which we make available to you for such purpose, or otherwise advise us promptly in writing of any changes to any information you provide to us. You further consent and authorize us to verify the information you provide.
We require each registered user to have a user ID as defined below and password to access and use certain elements of the Site. We and/or third parties may also, from time to time, provide you with additional codes or passwords necessary to perform certain transactions or otherwise access such elements of the Site. Your user ID, password, and any additional codes or passwords are collectively referred to herein as “IDs”. Your IDs are personal to you. You agree that you will not allow another person, firm or enterprise to use your IDs to use the Site under any circumstances. You and your employing company are solely responsible for maintaining the strict confidentiality of your IDs and for any charges, damages, liabilities or losses incurred or suffered as a result of your failure to do so. We are not liable for any harm caused by or related to the theft of your IDs, your disclosure of your IDs, the improper use of your IDs after your employment with your current employer terminates or your authorization to allow another person, firm or enterprise to use the Site using your IDs. You agree to immediately notify us if you become aware of any unauthorized use of your IDs or other need to deactivate an ID due to security concerns.
You, and not us, are solely responsible and liable for your activity, behavior, use and conduct on the Site and you will also be liable and fully responsible for any use of the Site or any other activity or conduct in connection with the Site by any others who use your ID, until such time as you notify us that such ID may have been compromised, misappropriated or improperly taken or used by another party.
8. Disclaimer of Warranty and Limitation of Liability
The Site is provided to you on an “as is” and “as available” basis, and we make no representations or warranties of any kind, express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, title, and/or non-infringement, or any warranties arising by course of dealing or custom of trade. Although the information on the Site is obtained or compiled from sources we believe to be reliable, we make no representation or warranty that the Site or any information, data, material, content, products or services are accurate, complete, appropriate, reliable, current or timely. We also make no representations or warranties that the Site will meet your requirements and/or your access to and use of the Site will be uninterrupted or error-free, free of viruses, malicious code, or other harmful components, or otherwise secure.
Neither GFI, nor any of its directors, officers, employees, agents or representatives will be liable or have any responsibility for any loss or damage you sustain if there is a delay, failure or interruption of your use of the Site, or arising from any act or omission of a third party, or from any other cause relating to your use or inability to use the Site, whether within our control or not.
To the maximum extent permitted by applicable law, neither gfi, nor its suppliers, shall be liable for any direct, indirect, incidental, special, exemplary, punitive or consequential damages, or any other form of damages arising out of or in connection with this agreement, the site or your use of the site, regardless of the form of action or the basis of the claim and whether or not gfi has been advised of the possibility of such damages.
Some jurisdictions do not allow the exclusion of certain warranties or certain limitations on damages and remedies, accordingly, some of the above exclusions and limitations may not apply to you.
You agree to defend and handle any claim or action against us arising out of your breach of this Agreement, your use of the Site in a manner inconsistent with your agreement with us or the instructions we provide, or the use of your ID (unless you have notified us of its theft or misappropriation within a reasonable period of time prior to the wrongful use of the ID giving rise to such claim or action). You also agree to indemnify and hold us harmless against all damages, losses, costs and expenses (including reasonable attorneys’ fees) incurred as a result of any such claim or action. To protect our interests, we may participate in the defense of any such claim or action and all negotiations for its settlement or compromise. We reserve the right, on notice to you, to assume exclusive defense and control of all or any separable portion of any such claim or action, at which point your corresponding indemnification obligation will end; however, you understand this will not relieve you of any liability or responsibility if and to the extent the court or regulatory agency finds that you have liability or responsibility.
We have the right to terminate this Agreement and, in our sole and absolute discretion, at any time and without notice or liability to you, we may restrict, suspend or terminate your use of the Site, in whole or in part, and no such action will limit any other rights or remedies which are available to us. You may terminate this Agreement by providing us with notice of your termination and you must immediately discontinue and cease your use of the Site.
11. Governing Law and Interpretation
Unless specified to the contrary in any Additional Terms and Conditions, this Agreement and your use of the Site will be governed by the internal laws of the State of New York, U.S.A., excluding its conflicts-of-law principles. In the conduct and adjudication of any claim or action you may have with GFI, or any of its respective officers, directors, employees, agents or representatives, you agree to submit to the exclusive jurisdiction and venue of the federal and state courts sitting in the County and State of New York. You expressly consent to the exercise of personal jurisdiction by such courts and agree you will not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, that the venue is not convenient or otherwise. To the extent it may be applicable, the parties agree to opt out from and expressly exclude any applicability of the Uniform Computer Information Transactions Act (“UCITA”). This Agreement may not be modified except in writing signed by an authorized officer of GFI or as may be posted on the Site from time to time. No failure or delay in enforcing any provision shall be construed to be a waiver of that or any other provision of this Agreement. No action, regardless of form, arising out of this Agreement may be brought by you more than one (1) year after the cause of action has arisen. Any provision which must survive in order to give effect to its meaning shall survive the termination of this Agreement.
12. Use in the United Kingdom (UK)
The Site has been approved for distribution in the United Kingdom in accordance with Section 57 of the Financial Services Act of 1986 by GFI Securities is regulated by the FSA in the United Kingdom.
13. Customer Identification Procedures Notice
INFORMATION ABOUT PROCEDURES FOR OPENING A NEW ACCOUNT OR ESTABLISHING A NEW
To help the U.S.
government fight the funding of terrorism and money laundering activities,
Federal law requires all U.S. financial institutions to obtain, verify, and
record information that identifies each individual or institution that opens an
account or establishes a customer relationship with GFI.
What this means:
If you enter into a new customer relationship with GFI, the Firm will ask for
your name, address, date of birth (as applicable), and other identification
information. This information will be used to verify your identity. As
appropriate, the Firm may, in its discretion, ask for additional documentation
or information. If all required documentation or information is not provided,
GFI may be unable to open an account or establish a relationship with you.