(As of July 2021)

By using this website, www.freepoint.com (the “Website”), you are knowingly and willingly agreeing to be bound by these Terms of Use and understand that these terms of use shall constitute a binding and enforceable contract between you and Freepoint Commodities LLC (“Freepoint”).

These Terms of Use set forth the terms and conditions under which you may access and use the Website.  If you do not agree to these terms of use, you may not use this Website.  Freepoint may change the Terms of Use from time to time, and you agree to be bound by an updated Terms of Use.  Your continued use of the Website following the posting of an updated Terms of Use will signify your acceptance of the then current Terms of Use.

Disclaimer

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.  Some products and features mentioned on this website may not be available in all geographic markets due to local regulatory and legal restrictions.  Please check with your local Freepoint contact.

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 and acknowledge that the Website and the content, including but not limited to graphics and information, provided on the Website (the “Web Content”), is the sole and exclusive intellectual property of Freepoint or is licensed by Freepoint and shall not be copied, reproduced, displayed, sold or otherwise distributed without the express prior written consent of Freepoint, provided you may print a single copy of the Website Content solely for your personal, non-commercial use.  Freepoint hereby grants you a license to access and use the Website and the Website Content in accordance with the terms and conditions of these Terms of Use.

Privacy

Freepoint’s privacy policy contains additional information about how your information (including, without limitation, information that will not be publicly viewable) will and will not be used.

Indemnity

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.

Miscellaneous Terms

By accessing the Website, you agree that the laws of the State of New York, without regard to principles or conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Freepoint or its affiliates.  If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to affect the intent of these Terms of Use, and the remainder of these Terms of Use shall continue in full force and effect.  The failure by either you or Freepoint to exercise or enforce any rights or provisions of these Terms of Use shall not constitute a waiver of such right or provision.  All provisions in these Terms of Use regarding representations and warranties, indemnification, disclaimers and limitations on liability shall survive any termination of these Terms of Use.

Contacting Freepoint

You may contact us if you any questions about the Terms of Use, the practices of this Website or your dealings with the Website by sending an e-mail to info@freepoint.com.