Policies and Legal Disclaimers
FUTURES TRADING INVOLVES RISK OF LOSS
Last Update: 2007 January 1
Please read this disclaimer carefully before using the website or submitting any personal identifiable information.
ACCEPTANCE
This Website, www.TrilandUSA.com, (the ”Website”) is owned and operated by Triland USA, Inc. (“Triland”, "us", "we" or "our"); a Delaware corporation, and wholly owned subsidiary of Mitsubishi Corporation, Tokyo, any reference to “Triland USA”, "us", "we" or "our”, will collectively apply to Triland USA, Mitsubishi companies and subsidiaries, as well as any third parties, who are acting on our behalf, as our agents, suppliers, or providers. By accessing all or any part of this Website, you fully accept and agree to comply with all of the terms and conditions set out below. Please read these terms and conditions carefully.
NO WARRANTY
The information and materials contained in this site-including text, graphics, links or other items-are provided "as is" and "as available." Triland USA, and its subsidiaries, do not warrant the accuracy, adequacy or completeness of this information and materials and expressly disclaims liability for errors or omissions in this information and materials and are not under any obligation to update the information. No warranty of any kind, implied, express or statutory, including but not limited to the warranties of non-infringement of third-party rights, title, merchantability, fitness for a particular purpose and freedom from computer virus, is given in conjunction with the information and materials.
NO SOLICITATION AND RISK IN RELATION TO SECURITIES OR COMMODITIES
Triland is a registered with the CFTC as a Futures Commission Merchant and a member of the National Futures Association. Nothing on this site constitutes a solicitation or recommendation for the purchase or sale of securities or commodities. Quotes, information, performance records, or any other data which may be provided, are for information only, and are not intended for trading or advice. Trading futures involves risk of loss. Past performance is not indicative of future results.
CHANGES TO LEGAL DISCLAIMERS AND POLICIES
Because of changes in Internet technology and practices, our policies may change from time to time . Please consult this portion of the Website for important changes to our Policies as they occur. Unless otherwise provided in an agreement between you and Triland USA, by using the Website after Triland USA posts any changes to their Policies, you agree to accept those changes, whether or not you have reviewed them, and such acceptance shall be deemed legally conclusive. If at any time you choose not to accept the terms of this Policy, you should not use the Website or enter information about yourself or your business.
OTHER AGREEMENTS
For users who have entered into agreements with Triland USA for other services off-line, those agreements shall govern the relationship between the user and Triland USA for that service. To the extent those provisions differ from this Policy, the terms of that agreement shall govern and control that particular service.
PERSONALLY IDENTIFIABLE INFORMATION
When you access and/or use this Website, we or our services providers may obtain data concerning that access and use. If you register to use and log in and use any areas or services provided on or through the Website you may be asked to provide personally identifiable information. This data may include, but is not limited to your name address and other demographic, professional data, telephone number, credit or financial information, government issued identification number or email address. We will not collect any personally identifiable information about you unless you provide it to us voluntarily. If you opt not to provide us with personally identifiable information, no material consequences will result, although there may be services that may be unavailable to you.
COMMITTMENT TO PRIVACY
Triland USA respects the privacy of every individual who uses this Website and therefore, we only wish to process and use the data obtained through the Website for our own purposes we do not sell or re sell that data.
USE OF PERSONALLY IDENTIFIABLE INFORMATION
Triland USA or our services providers may store and process your personally identifiable information in order to effectuate your use of our services, to better understand your needs and to learn how to improve our services and products. We may also use your personally identifiable information to contact you (for example, we may send you marketing or promotional materials or other information, we may respond to your comments or requests for information, we may ask you for feedback on products and services or we may contact you if needed in the course of processing your requests). Triland USA may also use your personally identifiable information in accordance with any agreements that you may have entered into with us.
If you do not wish us to send you any information concerning new services or other matters offered by us please contact us by email at info@Trilandusa.com to notify us of your wishes.
Foreign customers
If you enter this website, Triland will consider that you have consented to all the terms of this disclaimer, as well as consent to furnishing us any data that you may provide or we collect during your access and use of it. Your consent will be considered granted unconditionally and without limitation, including in circumstances in which Triland must rely upon it to adhere to regulations or laws that exist in your country such as privacy, notification, or your access or use of this website. If you do not consent, then you should not use the Website or enter information about yourself or your business. Information you enter will be held for Triland USA’s and its agents use in circumstances that are consistent with providing you access to the web site and any services we provide you.
Financial Information
If you submit your financial information (the “Information”) on this Website, we will only use your information for the purpose in which the information was submitted. Additionally, we will only keep the Information for as long as we are legally required to.
THIRD PARTY DISCLOSURE
To enable us to more efficiently provide the products and services you have requested from us, Triland USA may share your personal information with selected third parties who are acting on our behalf as our agents, suppliers, or providers. Such third party services providers are provided only with such information as is necessary under the circumstances. Information provided to third parties is used only for the purposes stipulated and those third parties are subject to confidentiality obligations. We may also enhance or merge personally identifiable information with data obtained from third parties for any of the foregoing purposes. Nothing in our Policies shall be deemed to prohibit us from disclosing your identity or information if we are required by law to do so.
CHANGING YOUR INFORMATION
If you have submitted personally identifiable information through an Triland USA Website, or if someone else has submitted your personally identifiable information through the foregoing, and you would like to review, request changes or have that information deleted from our marketing databases, please contact Triland USA via e-mail, or send a letter to our Compliance Officer at 655 Third Ave Second Floor, New York, NY 10017. We will then use reasonable efforts to change or remove your personally identifiable information from our files, unless we are entitled or required to retain it pursuant to other agreements or by law. Triland USA will use reasonable efforts to supply you with this information and correct any factual inaccuracies in this information.
NON-PERSONALLY IDENTIFIABLE INFORMATION COLLECTED AUTOMATICALLY
In some cases, Triland USA may collect information about you that is not personally identifiable. Examples of this type of information include but are not limited to the frequency of your use of this Website and the route by which you choose to access it and your use of any hyperlinks available on this Website. We and our services providers, agents or advisors may process and use this data for purposes including but not limited to; planning Website development, assessing patterns of use, planning and assessing marketing initiatives by Triland USA, to include you in e-mail or mailing lists so that We may send you information or updates and or offer you services.
COOKIES
"Cookies" are small text files that are either used for the duration of a session ('session cookies'), or saved on a user's hard drive in order to identify that user the next time he/she logs on to the Website ('persistent cookies'). Triland USA may use 'session cookies' to identify registered users logging-in to Triland USA web services. These cookies are deleted from the component's server soon after the session ends and are not collected or saved. Triland USA may also use 'persistent cookies' when a registered user clicks on the "save password" check box on login. Most Web browsers automatically accept cookies, but you can usually change your browser to prevent that, although if you do disable cookies from your browser you may not be able to access certain sections of the Website.
SECURITY
Triland USA provides clearing and execution services to clients in the global commodities trading marketplace. These services involve the creation, transfer and storage of sensitive client data. We recognize the importance of such data and therefore we dedicate significant resources to information security. Procedures and technical security mechanisms in place to maintain the confidentiality, integrity, and availability of data include:
Network Security Architecture
Through third party providers Triland USA production network architecture employs multiple security measures and mechanism to protect data. A sophisticated network architecture that includes firewalls , filters and other security measures works to reduce the chance of network attacks.
Encryption
128-bit or stronger encryption is used to authenticate and encrypt all customer communications involved in systems. Encryption prevents potential malicious third parties from intercepting sensitive data and credentials in transmission.
Third Party Assurance
Triland USA engages the services of third party providers who furnish us with assurance regarding the adequacy and effectiveness of controls surrounding operations and security.
System Security
Triland USA’s third party systems are hardened and secured via standardized procedures. Monitoring, auditing, and assessment tools and procedures are used to protect systems from new attacks.
Intrusion Detection
Third Party Multi-layer intrusion detections systems are used to notify personnel of any attempted network intrusions. These systems monitor the network at multiple points and are regularly updated to be aware of new threats.
Access Control
Application-layer access controls impose strict restrictions on the data available to individual users. Data storage is physically and logically segmented from application servers, and queries can only be formed and executed after access control databases have been queried and credentials fully verified. These processes ensure clients can only retrieve data related to their account.
Although Triland USA will use reasonable efforts to safeguard the confidentiality of your personally identifiable information, transmissions made by means of the Internet cannot be made absolutely secure. Triland USA will have no liability for disclosure of information due to errors in transmission or unauthorized acts of third parties.
YOUR SECURITY OBLIGATIONS
You have an obligation to keep your User ID, Password and personally identifiable information secure. As part of maintaining this obligation we recommend that you do the following:
- Keep your User ID and Password confidential;
- Utilize a unique Password and change it frequently;
- Make sure others are not watching you enter your User ID and/or Password on your keyboard when using protected areas of the Website; and
- Do not leave your computer unattended while logged onto protected areas of the Website. After you finished accessing your information, exit the protected area.
CHILDREN
This Website is not intended for use by persons under the age of 18. If you are under 18, do not use this Website. If parents believe their minor children have accessed this Website and provided their personally identifiable information, please contact us using the information provided in the “Contact Us Regarding Your Personal Identification Information” section of this Disclaimer.
OTHER SITES
The Website may contain links to other websites. Hyperlinks to other internet resources are used by you at your own risk; Triland USA is not responsible for the privacy or practices employed by other websites. Users are encouraged to review the policy disclosures of any website linked from our Website. Triland USA is not in a position to and does not seek to monitor or verify the content, accuracy, opinions expressed and other links provided by these resources in any way and is not liable for any aspect of such resources or any consequence arising from your use of those resources.
TRANSFER OF BUSINESS ASSETS
Triland USA may acquire or transfer business or assets, or be acquired and transfer assets. In both such transactions, personally identifiable and non-personally identifiable user and customer information are generally one of the transferred business assets.
LIMITATION OF LIABILITY
In no event will Triland USA be liable for any damages, including without limitation direct or indirect, special, incidental or consequential damages, losses or expenses arising in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if Triland USA or their agents or advisors are advised of the possibility of such damages, losses or expenses.
COPYRIGHT
Materials copyrighted, trade marked, or in any way owned by Triland USA or owned by any individual or entity are presented here for personal use or for reference only. Documents, content or images contained in this Web site may not be copied, reproduced, distributed or resold in any form without prior written permission from Triland USA.
REGISTRATION
By registering for any areas or services provided through this Website wherein a fee may be due, you agree to pay any fees that are due ,in respect of any such services that you use or subscribe, for until you de-register or Triland USA suspends or withdraws such services Where any services for which you register on or through this Website is provided by or with a services provider, agent or partner of Triland USA you agree that you will observe any additional terms and conditions associated with the part of the services provided by them.
CHOICE OF LAW
This Website and these terms and conditions are governed by the laws of the United States of America, Triland USA reserves to itself the right to pursue the enforcement of these terms and conditions or seek protective or other relief in any court of competent jurisdiction. The website is domiciled in New York.
INDEMNITY
You agree to indemnify Triland USA and to hold it, its officers and or agents and or employees in respect of any and all claims, demands, costs, damages and or penalties arising out of any failure by you or any agent acting on your behalf to fully observe these terms and conditions or by reason of any use by you or such agent of any information or images provided on this Website.
CONTACT INFORMATION
For further information contact us by e-mail at: enquiries@TrilandUSA.com or by mail at Triland USA, Inc. 655 Third Ave, 2nd Fl, New York, N.Y. 10017 Ph. 212.593.2200
APPROVED FOR USE AS OF MARCH 2008.
