Terms of Use

    Website Terms of Use

    By accessing and using this website or any website of MF Global or its affiliates (“the websites”), you agree to the terms of use set forth below. As used herein, “you” and “your” refer to each user of this website or, as the context requires, any corporation, partnership, limited liability company, or other similar legal entity (each, an “Entity”) on whose behalf a user is granted access to this website. If you are using this website on behalf of an Entity, you represent and warrant that you are authorized to accept this agreement on behalf of such Entity.

    1. Jurisdiction

    The information provided on the website is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or that would subject MF Global or our affiliates (“we” or “us”) to any regulation under, or registration requirement within, such jurisdiction or country. Products or services described herein may not be available in all jurisdictions.

    2. License Grant

    Subject to your compliance with these Terms of Use, we hereby grant you a limited, non-exclusive, non-transferable license, without the right to sublicense, to access and view the materials on the websites and print copies thereof solely for your own individual, non-commercial use and internal business purposes.

    3. Non-Solicitation

    Neither the information nor any opinion contained in the websites constitutes a solicitation or offer by us to buy or to sell any securities, futures, options, or other financial instruments or to provide any investment advice or service.

    4. Suitability of Investment

    We do not provide advice concerning the suitability or value of any particular investment in securities, futures, or options or regarding any investment strategy, nor do we endorse or recommend the products or the securities of companies that manufacture products whose advertisements may appear on our websites.

    5. Order Capacity

    System response times may vary due to a variety of factors, including trading volumes, market conditions, and system performance.

    6. Technological Failures

    We shall not be liable in any way for any inaccuracy, error, or delay in or omission of any information; or the transmission or delivery of any information; or for any loss or damage arising from or occasioned by any such inaccuracy, error, delay, or omission; or for any non-performance or interruption of information due to any act or omission; or for any force majeure (i.e., flood, extraordinary weather condition, earthquake, or other act of God; fire; war; insurrection; riot; labor dispute; accident; action of government; communications failure; power failure; or equipment or software malfunction) or any other cause beyond our reasonable control.

    7. Trading

    Trading securities, futures, and options is a volatile and complex business that involves risk of loss. The valuation of such instruments may fluctuate and, as a result, you may incur significant losses. Before you trade, you should consider your financial experience, goals, and financial resources and know how much you can afford to lose above and beyond your initial investment. Stock prices can be extremely volatile, especially “hot” technology and Internet stocks. Futures markets are also extremely volatile and are also highly leveraged.

    8. Risks of Margin Trading

    f you decide to trade securities on margin, you should understand that there are risks involved. A sudden drop in the price of an instrument (i.e., stock or option) could cause you to receive a margin call. Because of the nature of their markets, futures and options are always traded on margin, and you can receive a margin call on any significant price change, up or down. In such case, you would be required to deposit additional collateral into your account. If you do not respond in a timely manner, the existing collateral in your account could be sold or, in the case of futures, your positions liquidated, in order to cover the call, and you would be responsible for any losses to your account. To reduce this risk, do not overextend yourself. Maintain account equity well above the minimum margin maintenance and variation requirements, and be aware that these requirements can change at any time.

    9. Tax Issues

    The investment services and products mentioned in the websites may often have tax consequences; therefore, it is important to bear in mind that we do not provide tax advice. The levels and bases of taxation can change. Your tax affairs are your own responsibility, and you should consult your own attorneys or other tax advisors in order to understand the tax consequences of any products and services mentioned on these websites.

    10. Third-Party Information

    The information and opinions on this site provided by third parties have been obtained from sources believed to be reliable, but we cannot and do not guarantee their accuracy and completeness. This information is not intended to be used as the sole basis for investment decisions, nor should it be construed as advice designed to meet the particular needs of an individual investor. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice, or
    other content.

    Although the information provided to you on this site is obtained or compiled from sources we believe to be reliable, we cannot and do not guarantee the accuracy, validity, timeliness, or completeness of any information or data made available to you for any particular purpose.

    11. Futures and Securities Exchanges Quotes

    NYMEX, COMEX, NYBOT, CME, CBOE, CBOT, and CSCE price quotes on this site may be delayed 20 minutes. NYSE and Amex stock quotes on this site may be delayed 20 minutes. NASDAQ stock quotes on this site may be delayed 15 minutes. Mutual fund quotes on this site are as of the previous business day, unless otherwise noted. Market volume and volatility may cause delays to system access and trade execution.

    12. Disclaimer of Warranty and Limitation of Liability

    THE INFORMATION ON THE WEBSITES IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS WITH NO REPRESENTATIONS OR WARRANTIES. SPECIFICALLY, AND WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THE TIMELINESS, VALIDITY, SEQUENCE, COMPLETENESS, OR CONTINUED AVAILABILITY OF ANY OF THE INFORMATION, DATA, OR OTHER MATERIALS CONTAINED ON, OR ACCESSIBLE THROUGH, THE WEBSITES OR THE PERFORMANCE, SETTINGS, FEATURES, COMPATIBILITY, LACK OF CONFLICT, FUNCTIONALITY, OR CONTINUED AVAILABILITY OF ANY SOFTWARE OR OTHER TOOLS MADE AVAILABLE ON OR THE THROUGH THE WEBSITES. WE DO NOT WARRANT THAT THE WEBSITES WILL BE UNINTERRUPTED, ERROR-FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPUTER CODE, OR THAT THEY WILL MEET YOUR NEEDS. WE EXPRESSLY DISCLAIM ANY AND ALL IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

    We will not be responsible for any loss or damage that could result from interception by third parties of any information made available to you via this site. Neither we nor any of our directors, officers, or employees, nor any third-party vendor, 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 this site, or resulting from the act or omission of any other party involved in making this site or the data contained therein available to you, or from any other cause relating to your access to, inability to access, or use of the site or these materials, whether or not the circumstances giving rise to such cause may have been within our control or the control of any vendor providing software or services support.

    IN NO EVENT WILL WE OR ANY SUCH PARTIES BE LIABLE TO YOU FOR ANY DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OR ANY OTHER DAMAGES OF ANY KIND, EVEN IF WE OR ANY OTHER PARTY HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF.

    IN NO EVENT WILL WE BE LIABLE FOR ANY DECISION, ACTION, OR INACTION MADE OR TAKEN BY YOU IN RELIANCE ON ANY INFORMATION, DATA, TOOLS, OR OTHER MATERIALS CONTAINED ON OR ACCESSED THROUGH THE WEBSITES.

    Some of the screens on the websites do not automatically refresh themselves. Information may change at any time while you are viewing a screen, but your screen view may not be updated to reflect such change. You are responsible for ensuring that you are viewing the most current data on any and all screens. You should be aware at all times of the possibility of, and be responsible for, incomplete screen views or printouts. You are responsible for scrolling your viewing screens up, down, and sideways to ensure that you are viewing or printing all portions of pertinent pages. You should be mindful that the default viewing preferences of your browser or your access device may not show entire pages.

    13. Indemnity

    You agree to indemnify, defend, and hold harmless MF Global, its affiliates and each of their respective directors, officers, employees, and agents from any and all loss, damages, claims, harm, costs, fees, and expenses (including, without limitation, reasonable attorneys costs, fees, and expenses) incurred by any of them arising out of or relating to your use of any of the websites, or any of the materials accessible on or through any of the websites, in violation of these Terms of Use.

    14. Downloading Information

    If you download any information or software from this site, you agree that you will not make any more than the minimum number of copies of such information or software as are necessary for your internal business purposes, nor will you remove or obscure any copyright or other notices or legends contained in any such information.

    15. Use of Links

    Should you leave this site via a link contained herein, and view content that is not provided by us, you do so at your own risk. The content to which you link will not have been developed, checked for accuracy, or otherwise reviewed by us. We are not responsible for damages or losses caused by any delays, defects, or omissions that may exist in the services, information, or other content provided in such sites, whether actual, alleged, consequential, or punitive. We make no guarantees or representations as to, and shall 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. By creating a link to a third-party website, we do not endorse or recommend any products or services offered on that website. There are inherent risks in the use of any software and information found on the Internet, and you acknowledge that you understand these risks before using any of these services.

    We prohibit caching, unauthorized hypertext links to the sites, and the framing of any information and content, including any software programs available on or through the sites (“Content”). We reserve the right to disable any unauthorized links or frames and specifically disclaim any responsibility for the Content available on any other Internet sites linked to these websites. Access to any other Internet sites linked to these sites is at the user’s own risk.

    You should be aware that linked sites may contain rules and regulations, privacy provisions, confidentiality provisions, provisions for the transmission of personal data, and other provisions that differ from the provisions provided on these sites. We are not responsible for such provisions and expressly disclaim any and all liability related to such provisions.

    [All activity on the Lind-Waldock website will be expressly governed by the privacy policy and terms of use of such website.]

    16. Access to Certain Information and Services

    Certain information and services on the websites may include materials and information from third parties over which we have minimal or no control. We therefore cannot, and do not, guarantee, represent, or warrant that the content contained in the websites is accurate and/or appropriate to you or your business.

    17. Transmission of Personal Data

    You acknowledge and agree that by providing us with any personal or proprietary user information through this site, you consent to the transmission of such personal or proprietary user information over international borders as necessary for processing in accordance with our standard business practices. You should be aware that linked sites may contain provisions for the transmission of personal data that differ from the provisions provided herein. We are not responsible for such provisions and expressly disclaim any and all liability related to such provisions.

    18. Security

    When you send confidential personal account data to us on one of our websites, we require that a “secure session” first be established using Secure Socket Layer (“SSL”) or Secure Electronic Transaction (“SET”) protocols.

    19. Violations of Terms of Use

    We reserve the right to seek all remedies available by law and in equity for violations of these rules and regulations, including the right to block access from a particular Internet address to these sites.

    20. Access to Password Protected/Secure Areas

    Access to and use of password-protected and/or secure areas of any of the websites is restricted to authorized users only. Unauthorized individuals attempting to access these areas of any of the websites may be subject to prosecution. You are responsible for maintaining the confidentiality of any passwords or user names you receive from us (or that you create on your own) in order to access any password-protected and/or secure areas of any of the websites, and you are solely responsible for all activities that occur under your passwords and user names, including activities conducted by persons not authorized by you to use such passwords or user names. You agree to notify us immediately of any unauthorized use of any of your passwords or user names. We reserve the right to require you to alter your password or user name if we believe that it is no longer secure. YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGES ARISING FROM YOUR FAILURE TO SAFEGUARD ADEQUATELY ANY OF YOUR PASSWORDS OR USER NAMES.

    21. Ownership and Copyright

    All content, materials, and software posted to or used in conjunction with these websites or the products and services described herein including, without limitation, text, graphics, logos, button icons, images, audio clips, and software, are our property or the property of our licensors and are protected by U.S. and international copyright, trademarks, and other proprietary rights and Intellectual Property Rights laws. For purposes of these terms of use, the term “Intellectual Property Rights” means, collectively, rights under patent, trademark, copyright, and trade secret laws, any applications or registrations relating to such rights, and any other intellectual property or proprietary rights recognized in any country or jurisdiction worldwide including, without limitation, moral rights and similar rights. Except to the minimum extent otherwise expressly permitted under copyright law, no copying or exploitation of material from these websites is permitted without express written permission from us and any other applicable copyright owner. You acknowledge that you do not acquire any ownership rights by virtue of downloading copyrighted material from the websites, and you may not resell or otherwise distribute any of the products or services (or any part thereof) described herein. All rights not expressly granted hereunder are expressly reserved by us and our licensors, and we reserve the right to remove or disable access to any content or other materials that violate or allegedly infringe on a party’s copyright or other Intellectual Property Rights. If you believe your rights under applicable copyright laws are being infringed, you may notify us as provided in the next section.

    22. Copyright Infringement Claim Notice and Procedure

    If you believe that any material presented on any of our websites infringes on your copyright, please be advised as follows:

    Pursuant to Title 17, U.S. Code Section 512(c)(2), notifications of claimed copyright infringement should be sent ONLY to the Designated Agent below.

    NOTE: THE FOLLOWING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING THE SERVICE PROVIDERS REFERENCED BELOW THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT (E.G., REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OF EMAIL ABUSE, ETC.) TO THE CONTACT LISTED BELOW. YOU WILL NOT RECEIVE A RESPONSE IF SUCH INQUIRIES ARE SENT TO THIS CONTACT.

    Written notification must be submitted to the following Designated Agent:
    Service Provider(s): MF Global

    Name of Agent Designated to Receive Notification of Claimed Infringement:
    General Counsel

    Full Address of Designated Agent to Which Notification Should be Sent:

    717 Fifth Avenue
    New York, New York 10022

    Designated Agent’s Telephone Number: +1 212 589 6200
    Designated Agent’s Facsimile Number: +1 212 589 6215

    Email Address of Designated Agent: copyrightclaim@mfglobal.com

    Under Title 17, Section 512(c)(3)(A) of the United States Code, the Notification of Claimed Infringement must include the following:

    • An electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest;
    • Identification of the copyrighted work (or works) that you claim has been infringed;
    • A description of the material that you claim is infringing, and the location where the original or an authorized copy of the copyrighted work exists (for example, the URL of the page of the website where it is lawfully posted; the name, edition, and pages of a book from which an excerpt was copied, etc.);
    • A clear description of where the infringing material is located on our websites including, as applicable, its URL, so that we can locate the material;
    • Your address, telephone number, and email address;
    • A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
    • A statement by you that the above information in your notice is accurate, and under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf.

    23. Trademarks

    These websites include our and our licensors’ registered and common law trademarks. The “look and feel” of these websites, including without limitation its color combinations, button shapes, layout, and all other graphical and navigational elements, is also our licensors’ trademarks and proprietary trade dress. The websites may contain our or our licensors’ other registered and common law trademarks in addition to those listed.

    24. Individual Noncommercial Use

    You are only authorized to visit, view, and to retain a single copy of pages of these websites solely for your own individual use and internal business purposes, and you shall not duplicate, download, publish, modify, or otherwise distribute or exploit any material on the websites for any purpose other than for your own individual, noncommercial use unless otherwise specifically authorized by us.

    25. Deep Links

    You may not “deep-link” to the websites, meaning that you will not create, post, display, publish, or distribute any link to any page other than the front (home) page of any of the websites for any purpose, unless specifically authorized by us to do so.

    26. Security, Cracking, and Hacking

    You may not violate or attempt to violate the security of these websites or any of the products or services described herein. Accordingly, you shall not: (i) access data or materials not intended for you; (ii) log into a server or account that you are not authorized to access; or (iii) attempt to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization. Violations of system or network security may result in civil or criminal liability. We reserve the right to investigate occurrences that may involve such violations, and we may involve, and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations. You agree that it is your responsibility to install anti-virus software and related protections against viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines or engines that are intended to damage, destroy, disrupt, or otherwise impair a computer’s functionality or operation that may be transferred to your computer via the websites.

    27. Spidering

    The use of any tools, programs, robotic algorithms, or products to automatically download or “spider” the sites or any of the pages of these websites is expressly prohibited and infringes on our copyrights. Do not use any such tools or products on or in connection with these websites or any of the products or services described herein.

    28. Framing and Inlining

    You may not frame the websites or any page or portion of these websites by calling content from within them to appear to a user as part of a page on another website, whether within a visible frame or inline by framing without a border around the framed content, without our prior written consent.

    29. Further Prohibited Acts

    You agree NOT to use these websites for, or in connection with, any of the following activities:You agree NOT to use these websites for, or in connection with, any of the following activities:

    Spoofing or otherwise impersonating any person or entity including, without limitation, any other users or any of our personnel, or falsely stating or otherwise misrepresenting your identity or affiliation in any way, or forging any TCP/IP packet header or any part of the header information in any email or other posting;

    Any fraudulent or illegal purpose, or any use that violates the accepted norms of the Internet community, whether or not expressly mentioned in these terms of use, as well as any activity that could damage our commercial reputation and goodwill or the commercial reputation and goodwill of our vendors and customers including, without limitation, any regulated insider information;

    Emailing, uploading, or otherwise transmitting or using these websites or the products and services described herein in furtherance of the use or distribution of any unlawful, harmful, harassing, defamatory, tortious, libelous, abusive, threatening, vulgar, sexually explicit, obscene, hateful, racially or ethnically or otherwise objectionable material of any kind, or any material that is invasive of another’s privacy or exploits children, or transmitting any sexually explicit materials, including images and other content;

    Transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming, routines, or engines including, without limitation, via means of submitting a virus to any of the websites, which are intended to damage, destroy, disrupt, overload, flood, mailbomb, or crash or otherwise impair a computer’s functionality or the operation of the websites (or anyone else’s website), or detrimentally interfere with or surreptitiously intercept or expropriate any system, data, or information, or transmit any materials that otherwise violate our rules or policies;

    To provide computer time-sharing, third-party training, virtual or actual hosting, or as a service bureau for any third parties.

    To copy, use, analyze, modify, decompile, disassemble, reverse engineer, translate, or convert any software provided to you in connection with use of these websites or the products or services described herein or distribute any software or the products or services described herein to any third party.

    30. Third-Party Intellectual Property Rights

    Without limiting the foregoing, you may not, by using any or all of these websites, and you agree not to, use the websites or the products or services described therein to: (i) transmit material that is copyrighted, unless you are the copyright owner or have obtained the permission of the copyright owner to transmit it; (ii) transmit material that reveals trade secrets, unless you own them or have the permission of the owner to so transmit them; or (iii) transmit material that infringes on any Intellectual Property Rights of others or violates the privacy or rights of publicity of others.

    31. Compliance with Laws

    You may use the websites only for lawful purposes. These websites and the products and services described herein are subject to, and you agree that you shall at all times comply with, all applicable local, state, national, and international laws, statutes, rules, regulations, ordinances, and the like applicable to the use thereof. This obligation includes, without limitation, your agreement to comply with all industry-specific regulations and rules relating to the export of technical and other data from the United States (and from your country if you are not located in the United States) and your agreement not to export or re-export any such data or any other content or materials in violation of such laws, rules, or regulations without first obtaining all necessary licenses, consents, and approvals therefor, as well as authorization therefor from us.

    32. Regulatory Considerations

    We may monitor data as may be necessary to meet federal, state, and other regulatory requirements. You shall also permit us by any reasonable and appropriate means to verify that you have complied with the terms of this Agreement, and you agree to cooperate fully with any such verification process.

    33. Other Agreements with Us

    These Terms of Use supplement, but do not supersede, the provisions of any applicable existing agreements between you and MF Global or its affiliates, all of which otherwise remain in effect. In the event of any conflict between these Terms of Use and the terms of any such existing agreement, the terms of such existing agreement shall prevail.

    34. Location of Websites

    THESE WEBSITES AND ALL INFORMATION CONTAINED THEREIN (OTHER THAN LINKS TO THIRD-PARTY WEBSITES) RESIDE IN THE STATE OF NEW YORK (USA). BY ACCESSING THE WEBSITES YOU AGREE THAT ALL ACTIVITY ENGAGED IN BY YOU OR US IN RELATION TO THE WEBSITES IS CONDUCTED IN NEW YORK, NEW YORK (USA) EVEN THOUGH YOU MAY ACCESS THE WEBSITES FROM A DIFFERENT LOCATION. THESE TERMS OF USE WILL BE CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK (USA), WITHOUT REGARD TO ITS CONFLICTS OF LAW PROVISIONS.

    35. Changes to Terms of Use

    We reserve the right to change these Terms of Use from time to time without notice. You are advised to return regularly to this page in order to view any changes we have made. Your continued use of the websites after a change to these Terms of Use will constitute your agreement to such change.

    Effective Date:  May 1, 2010