Terms of Use

Your access to and continued use of the MF Global FX website at http://www.mfglobalfx.ca (the "Site") constitutes your acceptance of, and is conditional upon your continued acceptance of and compliance with, the following provisions. Also note that these terms and conditions may change. A record of any changes made from time to time will be posted on the Site. It is your responsibility to check for any such changes.

These terms of use are additional to the terms of the customer agreements governing your account. In addition, you may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. If you object to any terms and conditions of the Site at any time, you should discontinue use of the Site, and terminate your access immediately by sending an email to info@mfglobal.ca.

Our goal is to keep the rates and fees posted on this site accurate. 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 site may not immediately reflect such changes.

Reserved Rights and Grant of Limited License

All information on this Site is protected under the copyright laws of Canada and/or other countries. Users of the Site are granted a limited license to use (display or print) the information for their own personal non-commercial use only, provided the information is not modified and a copy of this agreement is attached to any copies that are made. Any other use of the information is prohibited including electronic reproduction by "uploading" or "downloading". None of the information may be otherwise reproduced, republished or re-disseminated in any manner or form without the prior written consent of MF Global Canada Co.

No Solicitation and Jurisdiction

Products and services of MF Global and its affiliates are only offered in jurisdictions where they may lawfully be offered for sale. Some of the products and services of MF Global and its affiliates may only be available in certain jurisdictions. Any products and services mentioned on this Site are available only in accordance with local law and only where they may be lawfully offered for sale. All products and services are subject to the terms of the applicable agreement.

The information on this Site should not be taken to constitute an offer, solicitation or distribution of securities by anyone in any jurisdiction where an offer, solicitation or distribution cannot be legally made, or to any person to whom it is unlawful to make an offer, solicitation or distribution.

Restrictions on Access

MF Global reserves the right to withdraw your rights to the Site, terminate your account or access, at any time, in its sole discretion.

U.S. Disclosure

This information is not to be construed as an offer to sell or a solicitation to buy any securities in the United States of America or the territories or possessions thereof or to persons resident therin. U.S. persons who wish to transact in securities should contact MF Global Inc. You should note that prices, values and incomes of securities mentioned on this site may fall against your interests, and you may get less back as an investor than that which you put in. The investments mentioned on this site may not be suitable for all investors. If you have any doubts, you should seek advice from your investment advisor. You should note that income from investments may fluctuate. Past performance of an investment is not necessarily a guide to future performance. Some investments may not be readily realizable, and it may therefore be difficult for you to sell or realize such investments, or to obtain reliable information about their value or the risks to which you are exposed in respect of them. Where reference is made to the effect of tax, you should note that levels and bases of taxation may change.

No Endorsement

The Site may contain links to other sites. These links are provided as references to help you identify and locate other Internet resources that may be of interest. These other sites were independently developed by parties other than MF Global and its affiliates do not assume responsibility for the accuracy or appropriateness of the information contained at, or endorse the viewpoints expressed at, such sites. In providing links to other sites, MF Global is in no way acting as a publisher of the material contained on those other sites and does not seek to control the content of, or maintain any type of editorial control over such sites.

A link to another site should not be construed to imply that MF Global is affiliated or associated with, or is legally authorized to use any trade mark, trade name, logo or copyrighted symbol that may be reflected in the link or the description of the link to such other sites.

The mention of another party or its product or service on the Site should not be construed as an endorsement of that party or its product or service.

You acknowledge and agree that MF Global shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available through any such site or resource.

No Liability for Information or Data and No Advice

Information and Data Disclaimer: Information provided by MF Global and its affiliates and information provided by other sources on this Site is not subject to any guarantee as to its accuracy or completeness or currency. Neither MF Global nor its affiliates nor any third-party owner, licensor or supplier of information used or made available through this Site, including market data, quotation information and databases, and including news, articles, text, graphs, audio clips, video clips, broadcasts, and seminars ("Data") makes or is liable for any representation, warranty or condition, whether express or implied concerning the Data or the use thereof including, without limitation, that (i) the Data will meet your needs, or that the Data will be available for use at any particular time or for any particular purpose or will be error free, or (ii) the Data is up-to-date, accurate, in sequence, reliable, complete or suitable for any purpose.

No Advice: Information on this Site is for informational purposes only and is not intended to provide investment, financial, legal, accounting or tax advice and should not be relied upon in that regard.

For greater certainty, "real time" quotes viewed on this Site, particularly in times of high volumes of trading and market volatility, may not be reflective of a current trading price of a security.

All the Data is protected by copyright and each supplier of the Data reserves all proprietary and intellectual property rights therein. You shall not reproduce, retransmit, disseminate, sell, rent, distribute, publish, broadcast, circulate or commercially exploit the Data provided through this Site in any manner or furnish it to any other person without the prior written consent of MF Global and the relevant supplier. The user of this Site shall use the Data accessible through the Site only for the user's individual use, and shall indemnify and hold harmless MF Global, its affiliates and each supplier of Data from any losses or liabilities incurred as a result of the user's breach of the foregoing provisions or other misuse of the Data. You agree that the terms of this agreement may be enforced directly against you by each supplier of Data.

Systems Disclaimer

MF Global and its affiliates endeavor to offer customers an electronic trading service that is easy to use, reliable, secure, and capable of meeting its customers' trading and investment needs. From time to time, however, interruptions, errors or other deficiencies in service may occur. This may be due to a variety of factors, some of which are outside the control of MF Global and its affiliates, including interruptions in the accessibility of the Internet, a system outage in facilities of a third-party service provider (including stock exchanges, data providers, and back office service providers), and market conditions that may result in general market volatility, volatility affecting a particular security or class of securities, or heavy demand and high volumes of trading activity.

Each of these factors can contribute to delays or errors in service or system outages. Customers may experience difficulties in accessing their accounts and in placing and canceling orders. Trade executions may suffer as a result.

Your use of electronic, online, and touch-tone telephone services, software, systems and facilities made available by MF Global or its affiliates are subject to the following terms and conditions:

i) Systems are not guaranteed: Neither MF Global nor its affiliates nor any third-party owner, licensor or supplier of equipment, software, systems, services or facilities used or made available in connection with a service offered by MF Global or its affiliates (the "Systems") is liable for any representation, warranty or condition, whether express or implied, concerning the Systems or the use thereof, including, without limitation, that the Systems will meet your needs or that the Systems will be available for use at any particular time or for any particular time or for any particular purpose or will operate error free. Without limiting the foregoing, all express or implied, direct or indirect, representations, warranties and conditions in respect of the Systems arising or implied by statute, common law, custom, usage of trade, course or performance, course of dealing or otherwise, including, but not limited to, any warranties on conditions of merchantable quality and fitness for a particular purpose are expressly excluded;

ii) Limit on Liability: The user of the Systems agrees that MF Global and its affiliates will not be liable for any loss or damage resulting from use of the Systems, including but not limited to loss, claim or damage resulting either directly or indirectly from failure of electronic or mechanical equipment or communications lines, the Internet, telephone or other inter-connect problems, power failure, or third-party system failure.

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 stocks", customers of brokerage services may experience delays in the execution of their orders for securities. 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 security 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, MF Global and its affiliates bear no responsibility to the customer for the discrepancy between the market price of the security at the time of order placement and the market price of the security at the time of trade execution.

To minimize the risk in this situation, customers should consider the advisability of placing limit orders in lieu of market orders, limiting the price at which the customer's 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.

Virus Checks

When using this website, it is up to you to take reasonable precautions to scan for computer viruses, worms, trojan horses, and other items of a destructive nature. It is also up to you to ensure that you have a complete and current backup of the information contained on your computer system prior to using this website.

Dealings with Advertisers

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Site, 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 MF Global 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 Site.

Indemnity

You agree to indemnify and hold MF Global and its affiliates, directors, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable lawyers' fees, made by any third party due to or arising out of content you submit, post to or transmit through the Site, your use of the Site, your connection to the Site, your violation of the rules, or your violation of any rights of another. MF Global reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

No Advice or Warranties

The Information on the Site, including, but not limited to, newsletters, articles, opinions and views, is provided for educational information purposes only. It is not intended to provide legal investment, securities, accounting or tax advice and should not be relied upon in that respect. You should not act or rely on any Information at the Site without seeking the advice of a professional.

Information provided on the Site is believed to be reliable when posted. However, MF Global does not guarantee the quality, accuracy, completeness or timeliness of the Information provided. MF Global assumes no obligation to update the Information or advise on further developments concerning topics mentioned. Information contained on the Site may contain typographical errors. Information provided may be changed without notice.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

a) YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MF GLOBAL 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.

b) MF GLOBAL AND ITS AFFILIATES MAKE NO WARRANTY THAT i) THE SITE WILL MEET YOUR REQUIREMENTS, ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED, AND vi) THE CONTENT OF THE SITE IS ACCURATE OR COMPLETE.

c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE 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.

d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MF GLOBAL OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT MF GLOBAL, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AND EMPLOYEES SHALL NOT 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 MF GLOBAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: i) THE USE OR THE INABILITY TO USE THE SITE; 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 SITE; iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR v) ANY OTHER MATTER RELATING TO THE SITE.

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 OF HEREIN MAY NOT APPLY TO YOU.

Trade Marks

Certain words, phrases, names, designs, icons or logos used on the Site may constitute trademarks, service marks or trade names ("trademarks") of MF Global or third parties and used under license. The display of any trademarks on the Site does not imply that a license has been granted for any further use. Any unauthorized downloading, re-transmission or other copying or modification of trademarks or other contents of the Site may be a violation of statutory or common law rights which could subject the violator to legal action.

Conformance with Law

You agree that your use of the Site shall not violate any applicable local, provincial, state, national or international law, including but not limited to any regulations having the force of law.

Choice of Law

The laws of the Province of Ontario and the laws of Canada applicable therein shall govern as to the interpretation, validity and effect of this Agreement notwithstanding any conflict of laws provisions or your domicile, residence or physical location. You hereby consent and submit to the non-exclusive jurisdiction of the courts of the Province of Ontario in any action or proceeding instituted under or related to this Agreement.