| Terms
of Use
MBF Clearing Corp. Terms of Use
By accessing and using this website, you agree to the following terms of use:
1. Jurisdiction
The information provided on this site 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 MBF Clearing Corp. ("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. Non-Solicitation
Neither the information, nor any opinion contained in this site, 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.
3. 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 products or the securities of companies that manufacture products whose
advertisements may be available through our website.
4. Order Capacity
System response times may vary due to a variety of factors, including trading volumes, market
conditions, and system performance.
5. 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, power failure or equipment or
software malfunction) or any other cause beyond our reasonable control.
6. 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 payment.
Stock prices can be extremely volatile, especially "hot" technology and internet stocks.
7. Risks of Margin Trading
If you decide to trade on margin, you should understand that there are risks involved. A sudden
drop in the price of an instrument (i.e., stock, commodity future or option) could cause you to
receive a margin call. In that 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 risk, do not overextend
yourself. Maintain account equity well above the minimum margin maintenance and variation
requirements, and be aware that those requirements can change at any time.
8. Tax Issues
The investment services and products mentioned in the site 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 this site.
9. 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 guarantee its accuracy and completeness. The
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.
10. Futures Exchanges Quotes
NYMEX, COMEX, NYBOT, CME, CBOE, CBOT and CSCE price quotes on this site may be
delayed 20 minutes. Market volume and volatility may cause delays to system access and trade
executions.
11. Disclaimer of Warranty and Limitation of Liability
The information on this site is provided "AS IS". We do not warrant the accuracy of the
materials provided herein, either expressly or impliedly, for any particular purpose, and
expressly disclaim any warranties of merchantability or fitness for a particular purpose. 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, incidental damages or any other damages of any kind, even if we or any
other party have been advised on the possibility thereof.
12. Downloading Information
If you download any information or software from this site, you agree that you will not copy it or
remove or obscure any copyright or other notices or legends contained in any such information.
13. 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 site, 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 in the internet, and you acknowledge that you
understand these risks before using any of these services.
We prohibit caching, unauthorized hypertext links to the site and the framing of any information
and content including any software programs available on or through the site ("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 this site. Access to
any other internet sites linked to this site is at the user's own risk.
You should be aware that linked sites may contain rules and regulations, privacy provisions,
confidentiality provisions, transmission of personal data provisions and other provisions that
differ from the provisions provided on this site. We are not responsible for such provisions, and
expressly disclaim any and all liability related to such provisions.
14. Access to Certain Information and Services
Certain information and services on this website 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 this website is accurate and/or
appropriate to you or your business.
15. 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 transmission of
personal data provisions 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.
16. 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") protocol.
17. Violations of Terms of Use
We reserve the right to seek all remedies available at law and in equity for violations of these
rules and regulations, including the right to block access from a particular internet address to the
site. We may amend these terms of use by posting the amended terms to this site. By continued
access to and use of our website, you agree to any such amendments to the terms of use.
18. Access to Password Protected/Secure Areas
Access to and use of password protected and/or secure areas of this site is restricted to
authorized users only. Unauthorized individuals attempting to access these areas of the site may
be subject to prosecution.
19. Ownership and Copyright
All content, materials and software posted to or used in conjunction with this website 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 this website is
permitted without our express written permission and any other applicable copyright owner. You
acknowledge that you do not acquire any ownership rights by virtue of downloading copyrighted
material from this website, and you may not resell any of the products or services (or any part
thereof) described herein. All rights not expressly granted hereunder are expressly reserved to 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.
20. Copyright Infringement Claim Notice and Procedure
MBF Clearing Corp. ("MBFCC") respects the intellectual property of others and asks that our
users and those posting content to this site do the same. It is the policy of MBFCC to respond
expeditiously to claims of intellectual property infringement by promptly processing and
investigating notices of alleged infringement and taking appropriate actions under the Digital
Millennium Copyright Act ("DCMA") and other applicable intellectual property laws. If you
believe that your copyrighted work is accessible on this site in a way that constitutes copyright
infringement, you may notify us by providing our Copyright Agent with the following
information: 1) the electronic or physical signature of the owner of the copyright or of the person
authorized to act on the owner's behalf; 2) identification of the copyrighted work or other
intellectual property that you claim is being infringed; 3) identification of the material that you
claim is infringing; 4) identification of the URL or other specific location on this site where the
material that you claim is infringing is located (please be as specific as possible); 5) your name,
address, telephone number, and email address; 6) a statement by you that you have a good faith
belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and 7)
a statement by you, made under penalty of perjury, that the information in your notice is accurate
and that you are the copyright owner or are authorized to act on the copyright owner's behalf.
MBFCC’s Agent for Notice of claims of copyright infringement on this site: Steven R. Goldberg, Esq.,
One North End Avenue, Suite 1201, New York, New York 10282, (212)-845-5100, sgoldberglaw@verizon.net.
Please note, this contact is for copyright claims only, and any other matters or inquiries
(ie. non-copyright related matters or inquiries) directed to the above party will not be addressed or
responded to. To contact MBFCC on other matters, please visit mbfcc.com’s "Contact Us" section.
21. Trademarks
This website includes our and our licensors' registered and common law trademarks. The "look
and feel" of this website is also our and/or our licensors' trademark and proprietary trade dress,
including the color combinations, button shapes, layout, and all other graphical and navigational
elements on this website. The "look and feel" of this website, 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.
22. Individual Noncommercial Use
You are only authorized to visit, view and to retain a single copy of pages of this website 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 this website for any
purpose other than for your own individual, noncommercial use unless otherwise specifically
authorized by us.
23. Deep Links
You may not "deep-link" to this website, meaning that you will not create, post, display, publish
or distribute any link to any page other than the front (home) page of this website for any
purpose, unless specifically authorized by us to do so.
24. Security, Cracking and Hacking
You may not violate or attempt to violate the security of this website 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 which 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 which
may involve such violations and 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
which may be transferred to your computer via this website.
25. Spidering
The use of any tools, programs, robotic algorithms or products to automatically download or
"spider" the site or any of the pages of this website is expressly prohibited and infringes on our
copyrights. Do not use any such tools or products on or in connection with the this website or
any of the products or services described herein.
26. Framing and Inlining
You may not frame this website or any page or portion of this website by calling content from
within the website 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.
27. Further Prohibited Acts
You agree NOT to use this website 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 e-mail or other posting;
Any fraudulent or illegal purpose, or any use which 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 good
will of our vendors and customers, including, without limitation, any regulated insider
information;
E-mailing, uploading, or otherwise transmitting or using this website 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, 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 this website, that are intended to damage, destroy, disrupt, overload, flood,
mailbomb or crash or otherwise impair a computer's functionality or the operation of this (or
anyone else's) website, detrimentally interfere with, 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 this website or the products or services
described herein or distribute any software or the products or services described herein to any
third party.
28. Third Party Intellectual Property Rights
Without limiting the foregoing, you may not, and by using any or all of this website and you
agree not to, use this website or the products or services described herein 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.
29. Compliance with Laws
You may use this website only for lawful purposes. This website 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.
30. 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.
31. Location of Website
This website and all information contained herein (other than links to third party websites)
resides in New York, New York, U.S.A.
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