Terms and Conditions
This Online Services Agreement (this "Agreement") applies to (i) the Friedberg Direct Website (the "Website") and (ii) the electronic content contained on the Website, as well as any features or content we may add in the future (the "Services"). This Agreement serves as the terms and conditions for your use of the Website. In continuing to access or use the Website, you agree to follow the Terms and Conditions as they may apply to you.
Scope and Effect of this Agreement
The Services provided herein are operated by Friedberg Direct, a division of Friedberg Mercantile Group Ltd., either alone or in conjunction with its affiliates, agents and partners. To access any of the Services, and as a condition to visiting and using the Website generally, you must agree, without modification, to the terms and conditions of this Agreement. We may also ask you to follow additional rules, guidelines or other conditions that govern the use of a particular Service at the time you register for or use that Service. This Agreement incorporates by reference the rules and guidelines of any Service for which you have registered.
We endeavor to keep the rates and fees posted at the Website current. However subject to applicable legislation, rates, fees and information are subject to change at any time without notice to users and the posted rates and fees at the Website may not immediately reflect such changes.
Revisions and Relation to Other Agreements or Disclosures
Friedberg Direct may revise this Agreement at any time, and you agree to be bound by future revisions. This Agreement will always be available for your review at the Terms and Conditions link at the bottom of the www.fxcm.com/ca home page. While Friedberg Direct will endeavor to advise current registered users by e-mail of material changes to the terms and conditions, it is your responsibility to check for changes.
Friedberg Direct may offer other services from time to time that are governed by different or additional terms and conditions. The Services are subject to any disclosures or disclaimers found within the Services. Friedberg Direct reserves the right to modify or discontinue, temporarily or permanently, a Service (or any part thereof) with or without notice. You agree that Friedberg Direct will not be liable to you or to any third party for any modification, suspension or discontinuance of a Service.
No Solicitation and Jurisdiction
Products and services of Friedberg Direct and its affiliates are only offered in jurisdictions where they may lawfully be offered. Some of the products and services of Friedberg Direct and its affiliates may only be available in certain jurisdictions. Any products and services mentioned on the Website are available only in accordance with local law and only where they may be lawfully offered. All products and services are subject to the terms of the applicable agreement.
The information on the Website should not be taken to constitute an offer, solicitation or distribution of securities by anyone in any jurisdiction outside Canada, or to any person to whom it is unlawful to make an offer, solicitation or distribution.
Registration Information and Requirements
For your protection and the protection of our other customers and Website users, we ask you not to share your Registration information (including passwords, usernames, and screen names) with another person for the purpose of facilitating their access and unauthorized use of any Service. You alone are responsible for all messages posted, statements made, or acts or omissions that occur within the Website through the use of your Registration information. If you believe that someone has used your Registration information to access any Service without your authorization, please call us immediately at 1-888-296-5012.
Friedberg Direct grants you a non-exclusive, non-transferable and limited personal license to access and use the Website. This license is conditioned on your continued compliance with the terms and conditions in this Agreement. You agree not to resell or permit access to the Website to others and not to copy any materials appearing on the Website for resale to others. You further agree not to delete any copyright notices or other indications of protected intellectual property rights from materials that you print or download from the Website. You shall not obtain any intellectual property rights in or any right or license to use such materials or the Website other than as set out herein.
Unless otherwise indicated for a particular Service, any communications or material of any kind that you e-mail, post or otherwise transmit through the Services, including data, questions, comments, or suggestions (your "Communications") will be treated as non-confidential and nonproprietary. You hereby grant a license to Friedberg Direct to reproduce, disclose, transmit, publish, broadcast, or post your Communications either on the Website or elsewhere with no liability or obligation to you. Friedberg Direct is free to use any ideas, concepts, know-how, or techniques contained in your Communications for any purpose including, but not limited to, developing and marketing products using such information. Friedberg Direct its affiliates and agents are entitled, but not obligated, to review or retain your Communications. We may monitor your Communications to evaluate the quality of service you receive, your compliance with this Agreement, the security of the Website, or for other reasons. You agree that monitoring activities by Friedberg Direct or its agents will not entitle you to any cause of action or other right with respect to the manner in which Friedberg Direct monitors your Communications and enforces or fails to enforce the rules and guidelines of any Service and the terms of this Agreement. In no event will Friedberg Direct be liable for any costs, damages, expenses or any other liabilities incurred by you as a result of such monitoring activities.
Use of Services
The following requirements apply to your use of any Service:
- You will not use any electronic communication feature of a Service for any purpose that is unlawful, tortuous, abusive, intrusive on another's privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening or hateful.
- You will not upload, post, reproduce or distribute any information, software or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights.
- You will not collect or store personal data about other users.
- You will not use any Service for any commercial purpose not expressly approved by Friedberg Direct in writing. You will not upload, post, e-mail or otherwise transmit any advertising or promotional materials, including without limitation, "junk mail," "surveys," "spam," "chain letters," "pyramid schemes," or any other form of solicitation or unauthorized communication.
- You will not upload, post, e-mail or otherwise transmit any material that contains viruses or any other computer code, files or programs which might interrupt, limit or interfere with the functionality of any computer software or hardware or telecommunications equipment.
You will take reasonable precautions to scan for computer viruses, worms, trojan horses, and other items of a destructive nature. You will also ensure that you have a complete and current backup of the information contained on your computer system prior to using the Website.
We may make available to you through one or more Services a broad range of financial information that we obtain from our agents, vendors, or partners ("Third Party Providers"). This may include financial market data, quotes, news, articles, text, graphs, databases, audio clips, video clips, broadcasts, seminars, analyst opinions, and research reports. Collectively, we refer to this as "Market Information." Friedberg Direct does not endorse or approve the Market Information, and we make it available to you only as a service and convenience. Friedberg Direct and our Third Party Providers do not (1) guarantee the accuracy, timeliness, completeness or correct sequencing of the Market Information, or (2) warrant any results from your use or reliance on the Market Information or that the Market Information will meet your needs. Market Information may quickly become unreliable for various reasons including, for example, changes in market conditions or economic circumstances. Neither Friedberg Direct nor the Third Party Providers are obligated to update any information or opinions contained in any Market Information, and we may discontinue offering Market Information at any time without notice. You agree that neither Friedberg Direct nor the Third Party Providers will be liable in any way for the termination, interruption, delay, or inaccuracy of any Market Information. You will not redistribute or facilitate the redistribution of Market Information, nor will you provide access to Market Information to anyone who is not authorized by Friedberg Direct to receive Market Information.
Information on the Website is for information purposes only and is not intended to provide investment, financial, legal or accounting advice and should not be called upon in that regard. Information provided on the Website is believed to be reliable when posted. However, Friedberg Direct does not guarantee the quality, accuracy, completeness or timeliness of the information provided. Friedberg Direct assumes no obligation to update the information or advise on further developments concerning topics mentioned. Information contained on the Website may contain typographical errors. Information provided may be changed without notice.
Own Risk, Computer Access, Maintenance of Protection
You agree to use the Website at your own risk. You are responsible for providing and maintaining the means by which to access the Website, which may include without limitation a personal computer, modem and telephone or other access line. You are responsible for all access and service fees necessary to connect to the Website and assume all charges incurred in accessing such system. You further assume all risks associated with the use and storage of information on your personal computer.
You represent and warrant that (i) you have implemented and plan to operate and maintain appropriate protection in relation to the security and control of computer viruses or other similar harmful or inappropriate materials, devices, information or data and (ii) you will not transmit to or in any way whether directly or indirectly expose Friedberg Direct or any of Friedberg Direct's online service providers to any computer virus or other similar harmful or inappropriate material or device.
You understand that while the Internet and the World Wide Web generally are dependable, technical problems or other conditions may delay or prevent you from accessing the Website. Friedberg Direct shall not be liable for, and you agree not to hold or seek to hold Friedberg Direct or any of its service providers liable for, any technical problems, system failures and malfunctions, communication line failures, equipment or software failures or malfunctions, system access issues, system capacity issues, high Internet traffic demand, security breaches and unauthorized access, and other similar computer problems and defects. Friedberg Direct does not represent, warrant or guarantee that you will be able to access or use the Website at times or locations of your choosing, or that Friedberg Direct will have adequate capacity for the Website as a whole or in any geographic location. Friedberg Direct does not represent, warrant or guarantee that the Website will provide uninterrupted and error free service. Friedberg Direct does not make any warranties or guarantees with respect to the Website and its content, including without limitation, warranties for merchantability or fitness for a particular purpose.
Hyperlinks and Dealing with Advertising
Friedberg Direct may provide a link to other sites that are controlled or offered by third parties. The fact that Friedberg Direct has provided a link to a site is not an endorsement, authorization, sponsorship, or affiliation with respect to such site, its owners, or its providers. There are risks in using any information, software, or products found on the Internet, and Friedberg Direct cautions you to make sure you understand these risks before retrieving, using, relying upon, or purchasing anything via the Internet. Links to these websites are provided solely for your convenience, and you agree that under no circumstances will you hold Friedberg Direct liable for any loss or damage caused by use of or reliance on any content, goods or services available on other sites.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that neither Friedberg Direct nor any of its affiliates or their respective officers, directors or employees shall be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website.
Trademarks and Copyrights
All content, trademarks, services marks, trade names, logos, and icons are proprietary of Friedberg Direct or its affiliates or agents and are protected by Canadian, United States and/or other copyright laws and international treaty provisions. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark without the written permission of Friedberg Direct or such third party that may own the trademarks. Your use of the trademarks, or any other content of the Website, except as provided herein, is strictly prohibited.
Images displayed on the Website are either the property of, or used with permission by, Friedberg Direct. You are prohibited from using or authorizing the use of these images unless specifically permitted under this Agreement. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, or other regulations and statutes.
Limitation of Liability and Indemnification
You agree to indemnify and hold Friedberg Direct and its affiliates, agents, employees, and licensors (including the Third Party Providers) harmless against all actions, claims, demands, proceedings, damages, costs, charges and expenses incurred by Friedberg Direct (including, but not limited to, reasonable attorney fees) arising out of or relating to (i) your violation of this Agreement, provincial, state or federal securities laws or regulations or any other person's rights, including but not limited to infringement of any copyright or violation of any proprietary or privacy right, or (ii) any misrepresentation made by you or any breach of your representations or warranties. Friedberg Direct reserves the right, at its expense, to assume the excessive defense and control of any material subject to the foregoing Indemnification.
Warning Regarding Volatile Markets
In times of market volatility and high trading volumes, including both at market opening and during the trading day, and including situations of high volume trading of so-called "hot items", customers of brokerage services may experience delays in the execution of their orders for securities, commodities, currencies and/or derivatives instruments thereon. A delay in the processing of a market order placed through an on-line brokerage service during a period of market volatility or high trading volume may expose the customer to the risk of trade execution at a market price that is significantly different from the market price of the subject investment instrument at the time the order was placed. Once an order is placed, it may be difficult or impossible to cancel the order before the order is executed.
In those circumstances, Friedberg Direct and its affiliates bear no responsibility to you for the discrepancy between the market price of the investment instrument at the time of order placement and the market price of the investment instrument at the time of trade execution.
To minimize the risk in this situation, you should consider the advisability of placing limit orders in lieu of market orders, limiting the price at which your order will be filled. If you place a market order, the broker is required to execute the market order at the earliest opportunity without regard to price at the time of execution. Limit orders, on the other hand, will be executed only at a specified (limit) price or better. While the market for the security may be such that the customer's limit order does not get filled in whole or in part, this outcome may be considered more desirable than the risk of a fill at an undesirable price.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. FRIEDBERG DIRECT AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- FRIEDBERG DIRECT AND ITS AFFILIATES MAKE NO WARRANTY THAT i) THE WEBSITE WILL MEET YOUR REQUIREMENTS, ii) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE, iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS, v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED, AND vi) THE CONTENT OF THE WEBSITE IS ACCURATE OR COMPLETE.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FRIEDBERG DIRECT OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER FRIEDBERG DIRECT NOR ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AND EMPLOYEES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FRIEDBERG DIRECT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: i) THE USE OR THE INABILITY TO USE THE WEBSITE; ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE; iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR v) ANY OTHER MATTER RELATING TO THE WEBSITE.
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Term and Termination
The license granted under this Agreement will terminate if Friedberg Direct believes that any information provided by you, including your e-mail address, is no longer current or accurate, or if you fail to otherwise comply with any term or condition of this Agreement and all rules and guidelines for each Service. Upon such violation, you agree to terminate access to the Services. You agree that Friedberg Direct in its sole discretion and with or without notice, may terminate your access to any or all Services, and remove and discard any information or content within a Service.
Governing Law; Severability
This Agreement shall be governed by the internal laws of the Province of Ontario and the Federal laws of Canada applicable therein without regard to conflicts of law principles thereof. This is the case regardless of whether you reside or transact business with Friedberg Direct in Ontario or elsewhere. Unless a dispute would be governed by an applicable arbitration agreement, you agree to submit to the personal and exclusive jurisdiction of the courts located within the City of Toronto, Ontario. If any part of this Agreement is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.