Website Terms and Conditions

THESE TERMS AND CONDITIONS (INCLUDING THE PRIVACY AND SECURITY POLICY) GOVERN YOUR USE OF THIS WEBSITE. BY ACCESSING AND USING THIS WEBSITE, YOU AGREE TO ABIDE BY THE TERMS AND CONDITIONS (INCLUDING THE PRIVACY AND SECURITY POLICY) SET OUT BELOW.

Access to Website

This website and the copyright in all text, graphics, images, software and any other materials on this website is owned by CMC Markets (US) LLC ("CMC") or its licensors. You may only use the materials on this website solely for your own personal use and (except as permitted by the Terms of Business) solely for non-commercial purposes.

You may display on a computer screen or print extracts from this website for the above-stated purpose only and without alteration, addition or deletion. Except as expressly stated herein, you may not without CMC's prior written permission alter, modify, reproduce, distribute or commercially exploit any materials from the website. You acknowledge that "CMC", "CMCforex", "cmcforex.com", "cmcpartners.com" and "cmcworldwide.com" are trademarks of CMC. You may reproduce such trade marks without alteration on material downloaded from this website to the extent authorized above, but you may not otherwise use, copy, adapt or erase them without CMC's prior written permission.

The names and logos of other companies appearing on this website may be the trade marks of third parties and are used by CMC with the permission of their respective owners.

Entire agreement

These Terms and Conditions (and, if relevant, CMC Customer Terms of Business) contain the entire agreement between you and us relating to your access and use of this website. CMC may change these Terms and Conditions at any time and will notify you of such changes by posting an updated version of these Terms and Conditions on this website. You are responsible for regularly reviewing these Terms and Conditions and if you use this website after any such changes are published, such use shall constitute your agreement to such changes.

Third party's materials and websites

You acknowledge that CMC shall be entitled to require you to remove any link from another website to this website which you install without obtaining CMC's prior written consent.

CMC's liability

If you register to become a Customer of CMC and receive Services from CMC, you will be required to accept the CMC Terms of Business. Such Terms of Business will govern your relationship with CMC and CMC's liability to you in respect of Services provided there under.

Although CMC updates the website on a regular basis, it does not warrant that the information or materials contained in the website are current or accurate or that any of products or services featured on the website are available. CMC may change the materials appearing on this website at any time without notice.

SAVE AS STATED ABOVE IN RESPECT OF THE SERVICES, THIS WEBSITE AND ALL SOFTWARE AND OTHER MATERIALS ON THIS WEBSITE IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY AS TO ACCURACY, TIMELINESS OR COMPLETENESS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OR CONDITIONS OF OR RELATED TO ACCURACY, CURRENCY, MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR OR ANY PURPOSE ARE HEREBY EXCLUDED.

CMC SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER OR COMPUTER SYSTEM OR SETTINGS, LOSS OF DATA, REVENUE OR PROFITS, WHICH YOU MAY SUFFER ARISING OUT OF YOUR USE, DELAY IN USING, OR INABILITY TO ACCESS THIS WEBSITE, OR IN ANY OTHER WAY CONNECTED WITH THIS WEBSITE, INCLUDING WITHOUT LIMITATION FROM THE DOWNLOADING OF ANY SOFTWARE FROM THIS WEBSITE. CMC DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE WEBSITE OR MATERIALS WILL MEET YOUR REQUIREMENTS OR THAT THE WEBSITE OR ANY SOFTWARE WILL BE UNINTERRUPTED, SECURE OR FREE FROM ERRORS OR VIRUSES.

Indemnity

You agree to indemnify, defend and hold CMC, its parents, subsidiaries, affiliates, officers and employees harmless from any loss, cost, damage, claim or demand, including reasonable legal fees, made by any third party or incurred or suffered by CMC or its parents, subsidiaries, affiliates, officers or employees in connection with your use of the website in breach of these Terms and Conditions or negligence.

Your information

In addition to any obligations that you may have if you register to become a Customer of CMC, you agree to ensure that all information which you provide to CMC is complete and accurate to the best of your knowledge and belief. You agree to notify CMC immediately of any changes to the details you have provided to enable CMC to keep its records up to date and accurate.

The information that you provide about yourself to CMC will only be used by CMC in accordance with its Privacy and Security Policy and otherwise in accordance with US Privacy and data protection laws.

Applicable law

This website (including these Terms and Conditions) shall be governed by English law, and the English courts shall have exclusive jurisdiction over any disputes arising from this website.

Company details

The registration details of CMC Markets (US) LLC are:

Registered Office: 140 Broadway, 30th Floor, New York, 10005

Formed in: the State of Delaware

Regulatory information

CMC Markets (US) LLC is registered with the U.S. Commodity Futures Trading Commission as a Futures Commission Merchant and is a member of the National Futures Association in such capacity.

Privacy Statement

AN IMPORTANT NOTICE CONCERNING OUR U.S. PRIVACY POLICY

We are required by federal law to provide you with a copy of our Privacy Policy annually. The following Privacy Policy applies to the current and former individual clients who have or had an account with CMC Group Plc.

This Privacy Policy is not applicable to partnerships, corporations, trusts or other non-individual clients or account holders.

Please note that we may amend this Privacy Policy at any time, and will inform you of any changes to this Privacy Policy as required by law. You are responsible for regularly reviewing this Privacy Policy and if you use this website after any such changes are published, such use shall constitute your agreement to such changes.

OUR COMMITMENT TO PRIVACY

Throughout this Privacy Policy, we refer to the non-public information that personally identifies you or your accounts as "personal information".

This Privacy and Security Policy explains how CMC Markets (US) LLC ("CMC") collects personal information about you, and how it maintains, uses, and discloses that information. CMC is committed to protecting the privacy of all personal information which CMC obtains from you during visits to CMC's website. CMC will only use your personal information in accordance with this Privacy and Security Policy, and otherwise in accordance with US data protection legislation.

THE PERSONAL INFORMATION WE COLLECT FROM YOU

CMC will collect and hold information about you when you complete an online application or other type of form, or access and trade your account through this website. CMC may also collect information about you from consumer reporting agencies.

CMC may derive information from your use of this website and may store this information with your personal profile. This information may include site areas visited, pages viewed, frequency and duration of visits, types of transactions conducted, documents downloaded and other websites which may have referred you or to which you link.

HOW CMC USES INFORMATION

CMC collects, retains, and uses customer information for business purposes only. For example, CMC may use your information for any one or more of the following purposes:

• to confirm your identity;
• to maintain your personal profile;
• to manage your account;
• to contact you when necessary or appropriate;
• to keep you updated whilst you are a customer in relation to matters such as contracts you have traded and activities of CMC;
• to manage and administer the products and services provided to you;
• to provide you with information regarding the products and services offered by CMC;
• in developing an understanding of the products and services that you may be interested in obtaining from CMC ;
• to provide you with information or opportunities from CMC that may be of interest to you;
• to tailor the website to your needs and interests; and
• to create impersonalized statistical data.

WHEN CMC MAY DISCLOSE PERSONAL INFORMATION

CMC does not disclose nonpublic personal information about its customers to affiliates or non-affiliates, except as permitted by law.

As permitted by law, CMC may disclose personal information to:

• external service providers, marketing organizations, and professional advisers (which may be located overseas) that provide services to CMC;
• any organization at your request or any persons acting on your behalf, including your financial adviser, broker, solicitor or accountant;
• any third parties where this is necessary to process a transaction or provide services which you have requested; or
• any authority to whom CMC is required to disclose such information by law.

Such information may include:

• information we receive from you on applications or other forms, such as name, address, social security number, assets, and income;
• information about your transactions with CMC, its affiliates, or others, such as account balance and transaction detail; or
• information we may receive from credit reporting agencies.

CMC may combine your personally identifiable information with information from other users of this website to create impersonalized statistical data. CMC may provide this statistical data to its business partners or third parties. In no circumstances will you be able to be identified from this statistical data; you will remain anonymous.

HOW CMC PROTECTS THE SECURTY AND CONFIDENTIALITY OF PERSONAL INFORMATION WE COLLECT

CMC takes steps to safeguard customer information. We restrict access to the personal and account information of our customers to those employees for whom such information of our customers to those employees for whom such information is relevant to their responsibilities. We maintain physical, electronic, and procedural safeguards that comply with U.S. and UK standards to protect customer information.

Such safeguards include encryption during data transmission, strong authentication mechanisms and separation of machines and data to provide secure areas.

COOKIES

If you open an account with us, you will need to use our trading software which enables us to use cookies in relation to your access to this website. Cookies are small files of information, which often include a unique identification number or value, which are stored on your computer's hard drive as a result of you using this trading software and accessing this website.

When cookies are used on this website after you have opened an account with us, they are used to collect statistical information referred to above in addition to allowing you to access your account online. Most internet browsers are set up to accept cookies. If you do not wish to receive cookies, you may be able to change the settings of your browser to refuse all cookies or to have your computer notify you each time a cookie is sent to it, and thereby give yourself the choice whether to accept it or not. However, this may impair the quality of the services that we provide to you in relation to your account.

UPDATING YOUR INFORMATION

You may inform CMC at any time that your personal details have changed or that you wish CMC to delete personal information we hold about you by emailing us at compliance@cmcmarkets.com. CMC will change or delete your personal information in accordance with your instructions.

LINKS

When you use this website, you may be able to link to other websites. This Privacy and Security Policy does not apply to those other sites. CMC encourages you to read and understand the privacy policies on these other sites.

YOUR RIGHTS

You need not give us any of the personal information requested by CMC. However, without that information, CMC may not be able to open an account for you where the information is requested in an application form, or to provide you with any other services, information or assistance you have sought.

Should you have any questions or complaint about your privacy please contact us. With respect to our UK customers, If a complaint is not resolved by CMC to your satisfaction, you may complain to the Information Commissioner.

Under the UK data protection legislation, you have (subject to certain exceptions) the right to obtain any personal information which CMC holds about you and to inform CMC of any perceived inaccuracy.

If you have a request, please write to CMC, verifying your identity and setting out in full what information you require.

We may charge a fee to cover the cost of verifying the application and locating, retrieving, reviewing and copying any material requested.

YOUR CONSENT

By accessing this website, you consent to CMC collecting, maintaining, using and disclosing personal information about you and provided by you or by another person as described above. You also consent to CMC transferring your personal information outside of the United States of American where this is necessary for CMC to fulfill its contractual obligations to you.

Risk Warning

Trading foreign exchange on margin carries a high level of risk, and may not be suitable for all investors. The inherent concept of such investments means that they are not suitable for the investor seeking income from such investments, and are only suitable for those who have the required experience and understand the market risks. You should carefully consider your investment objectives, level of experience, and seek advice from an independent financial advisor if you have any doubts.

Do not invest in derivatives with money you cannot afford to lose. An investment in derivatives carries a high degree of risk to the investor, and which due to fluctuations in value, the investor may not get back the amount he has invested. With certain transactions clients may not only lose what they have invested at the outset but may incur a liability to pay further unspecified amounts at a later date.

The inherent concept of Derivatives means that they are not suitable for an investor seeking an income from his investments because the income from such investments may fluctuate in value in money terms. For an investment in an OTC product, which is not a readily realisable investment, it may be difficult to sell or realise the investment and obtain reliable information about its value or the extent of the risks to which it is exposed.

The value of investments denominated in foreign currencies may diminish or increase due to changes in the rates of exchange. Derivatives are therefore only suitable for those customers who fully understand the market risk and have previous trading experience. It is advisable to seek independent advice if necessary.

All reasonable care has been taken to ensure that the information given is accurate and any opinions given are fair and reasonable, but no guarantee, warranty or representation express or implied whatsoever on the part of CMC Markets or any of its associated companies. CMC Markets or any of its associated companies will not accept liability for any loss or damage, including without limitation to, any loss of profit, which may arise directly or indirectly from use of or reliance on such information. All opinions and estimates included constitute our good faith judgement at this date, but are subject to change without notice.

There are risks associated with utilizing an Internet-based deal execution trading system including, but not limited to, the failure of hardware, software, and Internet connection. CMC Markets or any or its associated companies does not control signal power, its reception or routing via Internet, configuration of your equipment or reliability of its connection, we cannot be responsible for communication failures, distortions or delays when trading via the Internet. CMC Markets and its associated companies employ back up systems and contingency plans to minimize the possibility of system failure, and trading via telephone is always available.

The information provided is only intended for distribution, or use by, any person in any country where such distribution or use would not be contrary to local law or regulation. None of the products and services referred to in this brochure are available to persons residing in any country where the provision of such services or investments would be contrary to local law or regulation. It is the responsibility of recipient to ascertain the terms of and comply with any local law or regulation to which they are subject.

US Client Restrictions

Under existing legislation, CMC Markets or its associated companies is prohibited from allowing US customers to effect CFD transactions in financial products.

CMC Markets Financial Overview

CMC Markets' Financial Overview can be found at our corporate site, here:

CMC Markets Financial Overview

Forex Transaction Discalimer

As required by applicable regulation, CMC Markets (US) LLC ("CMC") is notifying you of the following:

THE FOREIGN CURRENCY TRADING YOU ARE ENTERING INTO IS NOT CONDUCTED ON AN EXCHANGE. CMC IS ACTING AS A COUNTERPARTY IN THESE TRANSACTIONS AND, THEREFORE, ACTS AS THE BUYER WHEN YOU SELL AND THE SELLER WHEN YOU BUY. AS A RESULT, CMC'S INTERESTS MAY BE IN CONFLICT WITH YOURS. UNLESS OTHERWISE SPECIFIED IN YOUR WRITTEN AGREEMENT OR OTHER WRITTEN DOCUMENTS CMC ESTABLISHES THE PRICES AT WHICH IT OFFERS TO TRADE WITH YOU. THE PRICES CMC OFFERS MIGHT NOT BE THE BEST PRICES AVAILABLE AND CMC MAY OFFER DIFFERENT PRICES TO DIFFERENT CUSTOMERS.

IF CMC ELECTS NOT TO COVER ITS OWN TRADING EXPOSURE, THEN YOU SHOULD BE AWARE THAT CMC MAY MAKE MORE MONEY IF THE MARKET GOES AGAINST YOU. ADDITIONALLY, SINCE CMC ACTS AS THE BUYER OR SELLER IN THE TRANSACTION, YOU SHOULD CAREFULLY EVALUATE ANY TRADE RECOMMENDATIONS YOU RECEIVE FROM CMC OR ANY OF ITS SOLICITORS.