FREEPOINT COMMODITIES LLC
[As of June, 2011]
Freepoint intends that the Website will be viewed for informational purposes only. This should not be viewed as a solicitation or offer of services in any jurisdiction in which Freepoint is not qualified to do business. The information contained in this website does not constitute an offer to sell or the solicitation of an offer to purchase any security or investment product. Freepoint makes no representations or warranties regarding the timeliness or accuracy of any information or data on the Website and you acknowledge that you are not relying upon any representations or opinions of Freepoint to influence your decision to execute any transaction or make any financial investment of any kind whether through Freepoint or otherwise. Neither Freepoint nor any of its affiliates is acting as a fiduciary or financial, investment or trading advisor for you and has no obligation to determine that any financial transaction is suitable for you.
You must consult with your own legal, regulatory, tax, business, investment, financial and accounting advisors regarding any financial transaction, and you will make your own investment, hedging and trading decisions (including, without limitation, decisions regarding the suitability of any financial transaction) based upon your own judgment and upon any advice from such advisors as you have deemed necessary and not upon any view expressed by Freepoint or its affiliates. Freepoint and its affiliates are not acting as brokers, dealers, exchanges, underwriters, placement agents, issuers or investment advisers.
Use of the Website
You agree to defend, indemnify and hold harmless Freepoint, its subsidiaries, affiliates, officers, directors, employees, agents, licensors and licensees from any claims, losses, damages, expenses, demands and costs (including, without limitation, reasonable attorneys’ fees) arising out of or relating to your use of the Website.
Representations & Warranties
(a) Disclaimer of Warranties: THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. FREEPOINT 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. FREEPOINT MAKES NO WARRANTY THAT (i) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (ii) THE RESULTS OBTAINED FROM THE WEBSITE WILL BE ACCURATE OR RELIABLE OR APPROPRIATE FOR USE OUTSIDE THE UNITED STATES, OR (iii) THE QUALITY OF ANY WEB CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS OR IS FREE FROM THIRD PARTY CLAIMS. ANY MATERIAL DOWNLOADED FROM OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM SUCH DOWNLOAD OR USE.
(b) Limitation of Liability: UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL FREEPOINT, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, ADVISORS, LICENSORS, LICENSEES OR CONTENT PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE WEBSITE, INCLUDING BUT NOT LIMITED TO RELIANCE ON INFORMATION OBTAINED ON THE WEBSITE, MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR ELECTRONIC MAIL, LOSS OF OR DAMAGE TO DATA, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE WEBSITE. YOU HEREBY ACKNOWLEDGE THAT THIS PROVISION WILL APPLY WHETHER OR NOT FREEPOINT IS GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND THAT THIS PROVISION WILL APPLY TO ALL CONTENT, MERCHANDISE OR SERVICES THAT MAY BE AVAILABLE FROM TIME TO TIME FROM FREEPOINT OR ITS SUBSIDIARIES AND AFFILIATES. NOTWITHSTANDING THE FOREGOING, ANY LIABILITY RESULTING FROM YOUR USE OF THE WEBSITE SHALL BE LIMITED TO ONE HUNDRED DOLLARS, IN THE AGGREGATE FOR ALL CLAIMS.
(c) 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. In any event, the foregoing limitations shall apply to the greatest extent permitted by law.
Third Party Links
This Website may also include links to other websites, provided solely for informational purposes. Freepoint does not control such other websites. Freepoint and its affiliates are not responsible, and you agree we are not responsible, for such other websites’ content or operation. We shall have no liability in connection with such other websites. Inclusion of such links to other websites does not imply any endorsement by Freepoint, including but not limited to opinions, statements, information, individuals or entities referred to on such websites or any association with their operators. You are solely responsible for any charges or obligations that you may incur in your dealings with such linked website operators. Linked websites or other websites may also have a link to the Website; Freepoint and its affiliates are not, and you agree that we are not, responsible for the content of any such website or the actions of any operator of any such website.
Warning Against Hackers
It is possible that other users or unauthorized "hackers" may post or transmit offensive or obscene materials on the Website and that you may be involuntarily exposed to such materials. It may also be possible for other users or "hackers" to obtain personal information about you. By using the Website, you assume the risk of such occurrences.