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Terms and Risk Warning PDF Print
Monday, 07 August 2006

The Forex Wire Terms and Condtions

Please read ALL of the following. 

Risk Warning

Trading foreign currencies is a challenging and potentially profitable opportunity for educated and experienced investors. However, before deciding to participate in the Forex market, you should carefully consider your investment objectives, level of experience and risk appetite. Most importantly, do not invest money you cannot afford to lose.

There is considerable exposure to risk in any foreign exchange transaction. Any transaction involving currencies involves risks including, but not limited to, the potential for changing political and/or economic conditions that may substantially affect the price or liquidity of a currency.

More over, the leveraged nature of FX trading means that any market movement will have an equally proportional effect on your deposited funds. This may work against you as well as for you. The possibility exists that you could sustain a total loss of initial margin funds and be required to deposit additional funds to maintain your position. If you fail to meet any margin call within the time prescribed, your position will be liquidated and you will be responsible for any resulting losses. Investors may lower their exposure to risk by employing risk-reducing strategies such as 'stop-loss' or 'limit' orders.

Unique experiences and past performances do not guarantee future results! Testimonials herein are unsolicited and are non-representative of all clients; certain accounts may have worse performance than that indicated. Trading stocks, futures, options and spot currencies involves substantial risk and there is always the potential for loss. Your trading results may vary. Because the risk factor is high in the foreign exchange market trading, only genuine "risk" funds should be used in such trading. If you do not have the extra capital that you can afford to lose, you should not trade in the foreign exchange market. No "safe" trading system has ever been devised, and no one can guarantee profits or freedom from loss.

 

Customer Agreement

1. DEFINITIONS. Terms capitalized in this Agreement are defined in the Glossary as found on theforexwire.com website, www.theforexwire.com

2. SERVICES PROVIDED. Subject to the terms and conditions of this Agreement and acceptance of Customer’s application to open an Account with theforexwire.com , theforexwire.com will maintain one or more Accounts in Customer’s name and will effect cash settled and physically settled transactions with and for Customer in the international Over-the-Counter Foreign Currency (foreign exchange) markets on a spot basis, and provide such other services and products as theforexwire.com may, in its sole discretion, determine from time to time in the future. Unless expressly stated otherwise in writing, all Contracts and other transactions entered into between theforexwire.com and Customer shall be governed by the terms of this Customer Agreement, as amended from time to time (including, without limitation, theforexwire.com ’s Trading Policies and Procedures).3.
REPRESENTATIONS AND WARRANTIES. As of the date hereof, the date of each Contract and other transaction in Customer’s Account and any date on which theforexwire.com ’s Risk Disclosure Statement or Trading Policies and Procedures are revised, updated or amended, Customer represents and warrants to theforexwire.com and agrees for the benefit of theforexwire.com that:

3.1. if Customer is a natural person, Customer is of sound mind, legal age (18 years old in the United States) and legal competence.

3.2. if Customer is not a natural person, (i) Customer is duly organized and validly existing under the applicable laws of the jurisdiction of its organization; (ii) execution and delivery of this Agreement and all Contracts and other transactions contemplated hereunder and performance of all obligations contemplated under this Agreement and all Contracts and other transactions contemplated hereunder have been duly authorized by Customer; and (iii) each person executing and delivering this Agreement and all Contracts and other transactions contemplated hereunder on behalf of Customer performing the obligations contemplated under this Agreement and any Contract and other transaction contemplated hereunder on behalf of Customer, has been duly authorized by Customer to do so.

3.3. execution and delivery by Customer of this Agreement and all Contracts and other transactions contemplated hereunder, and performance of all of Customer’s obligations contemplated under this Agreement and any Contract and other transaction contemplated hereunder, will not violate any statute, rule, regulation, ordinance, charter, by-law or policy applicable to Customer.

3.4. Customer has full beneficial ownership of Customer’s Account. Customer has not granted and will not grant a security interest in Customer’s Account with theforexwire.com (other than the security interest granted to theforexwire.com hereunder) to any person without theforexwire.com ’s prior written consent. Customer has full beneficial ownership of all collateral and will not grant any security interest in any Collateral to any person (other than the security interest granted to theforexwire.com hereunder) without theforexwire.com ’s prior written consent.

3.5. Customer will execute and deliver all documents, give all notices, make all filings and take such other actions as theforexwire.com , in its sole discretion, deems necessary or desirable to evidence or perfect any security interest in favor of theforexwire.com or to protect theforexwire.com ’s interests with respect to any Collateral.

3.6. Customer has read and understands the provisions contained in this Agreement, including, without limitation, theforexwire.com ’s Risk Disclosure Statement and Trading Policies and Procedures, Customer will review the Agreement each time it is amended. Customer will not effect any Opening Transaction in Customer’s Account unless Customer understands theforexwire.com ’s revised Agreement, and Customer agrees that in effecting any Opening Transaction it is deemed to represent that it has read and understands theforexwire.com ’s revised Agreement as in effect at the time of such Opening Transaction.

3.7. Customer has either: (x) effected foreign currency transactions with theforexwire.com or with other foreign currency dealers for at least six months; or (y) Customer agrees to trade on Demo Trading System available to him/her on the Website, and acknowledges that theforexwire.com may, in its sole discretion, decline to permit any real trades to be effected in Customer’s Account until Customer has, in theforexwire.com ’s sole judgment, satisfactorily traded on the Demo Trading System.

3.8. All information provided by Customer to theforexwire.com , including information regarding Customer’s trading experience and investment sophistication, is true, correct and complete, and Customer will notify theforexwire.com promptly of any changes in such information.


The Forex Wire's Privacy Statement

Protecting the privacy and safeguarding the personal and financial information of our clients and website visitors is one of our highest priorities. The following Privacy Statement explains how The Forex Wire collects and protects your information. References to "The Forex Wire" in this Privacy Statement include all The Forex Wire companies and divisions, including FOREX.com.

By opening a The Forex Wire account or by using The Forex Wire Web sites, you give your consent to the collection and use of personal information by The Forex Wire as explained in this privacy statement.

Collection of personal information
We collect information required to open an account, to transact business effectively and to safeguard your assets or your privacy. To do this, we gather information to help us assess your needs and preferences.

The information we collect directly from you includes information required to communicate with you, including your name, mailing address, telephone number, e-mail address; and, as required by law, to identify who you are, including Social Security or Passport/Tax ID number; address, etc. We also collect demographic information when you open an account, including gender, birth date, education, occupation, etc. Our regulatory bodies also require us to assess your trading experience, your approximate annual income, approximate net worth, and available risk capital to assess your financial position.

You directly provide to us the majority of information we collect. You do this by completing the account application and related documentation, placing a trade, sending us an e-mail, or submitting information in response to a promotion or special offer. Other ways we obtain information are by (1) observing your usage of the Web site, and (2) providing products and services to you. This information enables us to offer you products and services that should be of interest to you.The information we collect indirectly from you includes your Internet Protocol (IP) address, browser type, operating system, Internet Service Provider (ISP), time stamps, transactions placed, and banner ads you click. We do this through the use of cookies, which are small text files sent from the Web server to your computer. Cookies help us to know you better by providing operational data we can use to aid your interaction with our Web site and improve its navigation and usability.

Usage of personal information
We use personal information only as appropriate to provide you quality service and security. For example, The Forex Wire may use the information collected from you to verify your identity and contact information. We may also use this information to establish and set up your trading account, issue an account number and a secure password, maintain your account activity, and contact you with account information. This information helps us improve our services to you, customize your browsing experience and inform you about additional products, services or promotions that may be of interest to you.

Should you close your account with us, The Forex Wire will retain your information, but only use it to comply with regulatory requirements and to periodically contact you to offer you the opportunity to reactivate your account or participate in other valuable offers.

The Forex Wire affiliates and partners

The Forex Wire may share information with affiliates if the information is required to provide the product or service you have requested or to provide you the opportunity to participate in the products or services our affiliates offer. The Forex Wire also forges partnerships and alliances, which may include joint marketing agreements, with other companies who offer high-quality products and services that might be of value to our clients. In order to ensure that these products and services meet your needs and are delivered in a manner that is useful and relevant, The Forex Wire may share some information with partners, affiliates and alliances. This allows them to better understand the offers that are most relevant and useful. In our strategic relationships, we will require that it be identified that an offer is being extended because of the relationship with us. The use of your personal information is limited to the purposes identified in our relationship with the partner or affiliate.

Non-affiliated third parties
The Forex Wire does not sell, license, lease or otherwise disclose your personal information to any third party for any reason, except as described below.

The Forex Wire reserves the right to disclose your personal information to third parties where required by law to regulatory, law enforcement or other government authorities. We may also disclose your information as necessary to credit reporting or collection agencies, or when necessary to protect our rights or property.

To help us improve our services to you, we may engage another business to help us to carry out certain internal functions such as account processing, fulfillment, client service, client satisfaction surveys or other data collection activities relevant to our business. We may also provide a party with client information from our database to help us to analyze and identify client needs and notify clients of product and service offerings. Use of the information shared is strictly limited to the performance of the task we request and for no other purpose. All third parties with which we share personal information are required to protect personal information in a manner similar to the way we protect personal information. Examples of information shared are identifying information such as name, mailing address, e-mail address, telephone number, and information on account activity.

If at any time you choose to purchase a product or service offered by another company, any personal information you share with that company will no longer be controlled under our Privacy Statement. We are not responsible for the privacy policies or the content of sites we link to and have no control of the use or protection of information provided by you or collected by those sites. Whenever you elect to link to a co-branded Web site or to a linked Web site, you may be asked to provide registration or other information. Please note that the information you are providing is going to a third party, and you should familiarize yourself with the privacy policy provided by that third party.

Opting out of disclosures of non-public personal information
You may direct us not to disclose non-public personal information to certain non-affiliated third parties. To opt out of sharing non-public personal information with non-affiliated third parties, please contact a client service representative. An opt out election made by one account owner of a Joint account is applicable to all account owners of the Joint account. An opt-out election must be made for each separate account you hold at The Forex Wire.

If we propose to share information in a manner not covered in this Privacy Statement, we will notify you of this change by posting an addendum on the Web site, a notice in the "What's New" section of the Web site, and if appropriate, provide you an opportunity to opt out of such use.

The security of your personal information
We employ leading-edge security software, systems, and procedures to offer you a safe and secure trading environment and protect your personal, financial and trading information.

When you open an account with us, you are issued a unique account number, User ID and a password. Only a limited number of The Forex Wire employees who have a need to know this information will have access to your account number, UserID, and password. Remember: you are ultimately responsible for maintaining the secrecy of your account number, UserID, and password. We strongly recommend that you do not disclose this information.

On our Web site and on our online account application, we use technology to encrypt information transmitted by or to you through our Web site. We use VeriSign™ certificates to authenticate our Web site and secure trading and customer-facing applications, allowing you to verify that you are connected to our Web site.

Use of "cookies"
We use cookies to assist us in securing your trading activities and to enhance the performance of our Web site. (Cookies are small text files sent from the Web server to your computer.) Cookies used by The Forex Wire do not contain any personal information nor do they contain account or password information. They merely allow the site to recognize that a page request comes from someone who has already logged on.

The Forex Wire may share Web site usage information about visitors to the Web site with reputable advertising companies for targeting our Internet banner advertisements on this site and other sites. For this purpose, pixel tags (also called clear gifs or web beacons) may be used to note the pages you've visited. The information collected by the advertising company through the use of these pixel tags is not personally identifiable.

To administer and improve the The Forex Wire Web site, we may use a third party to track and analyze usage and volume statistical information, including page requests, form requests, and click paths. The third party may use cookies to track behavior and may set cookies on behalf of The Forex Wire. These cookies do not contain any personally identifiable information.

Changes to this Privacy Statement

In the event The Forex Wire materially changes this Privacy Statement, the revised Privacy Statement will promptly be posted to the Web sites and we will post a notice on our Web sites informing you of such changes. You agree to accept posting of a revised Privacy Statement electronically on the Web site as actual notice to you. Any dispute over our Privacy Statement is subject to this notice and the The Forex Wire Customer Agreement. If you have any questions that this statement does not address, please contact a Client Services representative.

VeriSign is a trademark of VeriSign, Inc. All rights reserved.  

 

 

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