In connection with your use of and/or access to the Sites, BGC from time to time may provide you with user names, passwords and/or other unique identifiers (collectively, “User Codes”). You are responsible for the security and confidentiality of the User Codes and agree not to disclose them to any third party, including, any other employee in your company or organization. You are responsible for any and all information provided, and any and all acts and/or omissions that occur, while User Codes are being used, in each case, whether by you or a third party. BGC Parties (as defined below) are not responsible for any breach of security caused by your failure to maintain the confidentiality and security of any of the User Codes. You agree to notify BGC immediately in the event of loss, theft or disclosure of any or all of the User Codes or if you believe the confidentiality or security of any or all of the User Codes has been compromised in any way. You are limited to one User Code. Duplicate User Codes may be revoked. BGC reserves the right to revoke or modify the User Codes at any time.
You represent and warrant that:
- you will not use or access our Sites or Content if you are not able to form legally binding contracts (for example, if you are under 18 years old);
- you are the person to whom the User Codes you used to access the Sites were issued by us and the information you provided to us in connection with the issuance of the User Codes, if any, was and is true, accurate, current and complete;
- you will not reverse engineer, de-compile or reverse compile any of our technology, including any software or Java applets associated with any of the Sites and/or the Content;
- unless we expressly authorize you to do so in writing, you will not use, reproduce, duplicate, copy, sell, resell, distribute, publish or exploit for any commercial purposes any portion of any of the Sites and/or the Content;
You acknowledge that your submission of any information or content to us is at your own risk. None of the BGC Parties will assume any liability to you with regard to any loss or liability relating to such information in any way.
The Sites and the Content are subject to change at any time by BGC without notice and BGC reserves the right to modify, suspend, terminate or restrict any aspect or feature of any of the Sites and/or Content or your access to and/or use of the Sites and/or Content. If BGC elects to modify, suspend, or discontinue any of the Sites, none of the BGC Parties shall be liable to you or any third party. ANY USE OF THE SITES OR CONTENT IS AT YOUR OWN RISK. THE SITES AND THE CONTENT ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY OF THE SITES AND/OR THE CONTENT, OR IN RESPECT OF ANY MATERIALS OR PRODUCTS REFERRED TO ON THE SITES, OR NON-INFRINGEMENT. DIFFICULTIES IN ACCESS TO AND/OR USE OF THE SITES COULD INVOLVE, AMONG OTHERS, FAILURES, DELAYS, MALFUNCTION, SOFTWARE EROSION, INADVERTENT DISCLOSURE OF INFORMATION PROVIDED TO BGC VIA THE SITES, OR HARDWARE DAMAGE, WHICH DIFFICULTIES COULD BE THE RESULT OF HARDWARE, SOFTWARE OR COMMUNICATION LINK INADEQUACIES OR OTHER CAUSES. SUCH DIFFICULTIES COULD LEAD TO POSSIBLE ECONOMIC AND/OR DATA LOSS. BGC DOES NOT WARRANT THAT ANY OF THE SITES ARE COMPATIBLE WITH YOUR EQUIPMENT OR THAT ANY OF THE SITES ARE OR WILL BE FREE FROM LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, INTERFERENCE, HACKING, ERRORS, VIRUSES, WORMS, OR OTHER SECURITY INTRUSION. IN NO EVENT SHALL BGC PARTIES BE LIABLE FOR ANY DAMAGE YOU MAY SUFFER AS A RESULT OF ANY OF THE FOREGOING DIFFICULTIES. ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, ARE HEREBY EXCLUDED TO THE EXTENT PERMITTED BY LAW.
In no event shall BGC Parties’ total liability to you for all damages, losses and causes of action (whether in contract, tort or otherwise, including but not limited to, negligence) exceed the amount paid by you to BGC, if any, for accessing the Sites.
Nothing set forth in the Sites should be construed as a recommendation to purchase or sell any product or instrument or to enter into any transaction, or as a representation that any particular product or instrument is suitable or appropriate for you. Many of the products described in the Sites involve significant risks and you should not enter into any transactions unless you fully understand all of these risks and have independently determined that the risks are acceptable to you and that the transactions are appropriate for you in light of your objectives, experience, financial and operational resources and other relevant circumstances. Any discussion of risks contained in the Sites, however, should not be considered to be a disclosure of the risks of particular transactions, or a complete discussion of the risks which are mentioned.
You should not construe any of the Content as business, financial, investment, hedging, trading, legal, regulatory, tax or accounting advice and you should not make the Sites (or any portions thereof) the primary basis for any trading decisions. In providing the Sites and the Content and entering into any transactions in the products described in the Sites, BGC is acting solely in the capacity of an arm’s length contractual counterparty and not as a financial advisor or a fiduciary. Under no circumstances should BGC be considered your advisor or fiduciary and, if you require advice with respect to the products identified in any of the Sites or any contemplated transactions, you should consult your own business, financial, accounting or legal advisors.
The Sites may provide links to certain other Sites sponsored, owned, operated and/or maintained by BGC as well as those sponsored, owned, operated and/or maintained by third parties (“Third Party Websites”). Such Third Party Websites are publicly available and BGC is providing access to such Third Party Websites through the Sites solely as a convenience to you. The content, data, information, services, goods or advertisements of such Third Party Websites that may be linked to any of the Sites are not sponsored, owned, operated, maintained or controlled by BGC, and BGC makes no representations or warranties concerning the content, data, information, services, goods or advertisements of such Third Party Websites, and the fact that access to such websites is provided does not constitute any endorsement, authorization or sponsorship of such websites or their sponsors, owners and/or operators by BGC nor is there any affiliation between BGC and any such sponsors, owners, and/or operators. Moreover, Third Party Websites are not reviewed, controlled, or examined by BGC and BGC is in no way responsible for the availability, content or accuracy of other websites (including any Third Party Websites), services or goods that may be linked to, or advertised on, any of the Sites and does not make any warranty, express or implied, with respect to the use of the links provided on, or to, any of the Sites or guarantee the accuracy, completeness, usefulness or adequacy of any other websites, services, goods or advertisements that may be linked on, or to, any of the Sites. You understand and agree that you will access and use such Third Party Websites, and rely on the content, services, goods or advertisements of such Third Party Websites, solely at your own risk and that BGC does not grant to you any rights in respect of such Third Party Websites. In addition, please be aware that your use of any linked site (including any Third Party Website) is subject to the terms and conditions applicable to that website. Please direct any questions regarding such linked sites to the webmasters of such sites.
In the course of your access to and/or use of any of the Sites, you may provide, or BGC may otherwise obtain, information about you and/or your business activities. By using any of the Sites, you expressly consent to BGC (1) using this information to assess the function and performance of the Sites, to assess the needs of its customers, to market BGC’s products and/or services and for the other purposes set out in this paragraph, and (2) transferring this information to BGC affiliates throughout the world for the purposes specified in (1) above. Any information which you provide or which BGC otherwise obtains may be used by BGC for any and all business purposes, provided however that personally identifiable information will be used (and shared) as described in the Privacy Notice and/or the Privacy Statement. In the event that information is submitted through your access to any of the Sites erroneously, or you later determine that information should not have been submitted, for any reason, you accept full financial responsibility for such entry.
You agree, at your own expense, to indemnify, defend and hold harmless BGC Parties, their subcontractors and their Suppliers, from and against any and all claims, actions, proceedings, obligations, penalties, losses, liabilities, damages, costs and expenses (including reasonable legal and other professional fees and costs) directly or indirectly arising out of or related to your access to and/or use of any of the Sites and/or the Content, or, in the event that you are provided with User Codes, any access to and/or use of any of the Sites and/or the Content under such User Codes, including, but not limited to: (i) a claim that any use of any of the Sites and/or the Content by you (whether under the User Codes or otherwise) infringes any intellectual property or other proprietary rights of any third party, is libelous or defamatory, or otherwise results in injury or damage to any third party; (ii) any deletions, additions, insertions or alterations to, or any unauthorized use of, any of the Sites and/or the Content by you (whether under the User Codes or otherwise); (iii) any misrepresentation or breach of representation or warranty made by you contained herein; (iv) any breach of any covenant or agreement to be performed by you hereunder; or (v) your violation of any applicable law, rule, or regulation.
Important Legal Information
BGC does not intend the Content to be distributed to, or used by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law, rule or regulation or which would subject BGC to any registration requirement within such jurisdiction or country. Neither the information, nor any opinion contained in any of the Sites constitutes a solicitation or offer by BGC to buy or sell any securities, futures, options or other financial instruments or provide any investment advice or service.
Some of the content, products, and services available through the Sites may include materials that belong to third parties. You acknowledge that none of the BGC Parties will assume any responsibility for such content, products or services.
Although some of the content, information or data made available to you on any of the Sites is obtained and/or compiled from sources BGC believes to be reliable, BGC cannot and does not guarantee the accuracy, validity, timeliness or completeness of any such content, information or data made available to you on any of the Sites for any particular purpose. Neither BGC Parties nor any of their subcontractors or Suppliers will be liable or have any responsibility of any kind for any loss or damage that you incur in the event of any failure or interruption of any of the Sites, or resulting from the act or omission of any other party involved in making any of the Sites or the Content available to you, or from any other cause relating to your access to, or inability to access, or use of, or inability to use any of the Sites or the Content, whether or not the circumstances giving rise to such cause may have been within the control of any BGC Parties or of any of their subcontractors or Suppliers.
Last updated: December 30, 2019
Want to learn more?
Learn more about Fenics FX, our services, products and all our experience in the field. Discover what we can do for your company.