By using GCM to trade, you agree to the following terms and conditions of this Full Risk Disclosure Agreement (“Full Risk Disclosure Agreement”):
The Risk of Loss in forex trading can be substantial. You should therefore carefully consider whether such trading is suitable for you in light of your financial condition, 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 off-exchange foreign exchange transaction, including, but not limited to, leverage, creditworthiness, limited regulatory protection and market volatility that may substantially affect the price, or liquidity of a currency or currency pair.
The high degree of leverage that is often obtainable in forex trading can work against you as well as for you. The use of leverage can lead to large losses as well as gains. 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 requirement, your position may be liquidated and you will be responsible for any resulting losses. To manage exposure, employ risk-reducing strategies such as ’stop-loss’ or ‘limit’ orders.
There are risks associated with utilizing an Internet-based trading system including, but not limited to, the failure of hardware, software, and Internet connection. While GloCap Markets LLC (“GCM”) employs trading via telephone, backup systems and contingency plans to minimize the possibility of system failure, GCM is not responsible for communication failures or delays when trading via the Internet. GCM is also not liable for any charges you incur when placing trades with PFG or the NinjaTrader™, MetaTrader 4 or any other platforms GCM may offer from time to time (collectively, “Platforms”).
By utilizing GCM’s website and services, you hereby agree, acknowledge, represent and warrant that: (1) you have read and fully understand GCM’s “Full Risk Disclosure” (2) you understand and agree that forex trading losses may exceed a customer’s account balance and that you will not hold GCM liable for any such losses; (3) GCM is a PFG Introducing Broker and is not a PFG Authorized Account Manager or PFG Trading Agent; (4) your accounts are self-directed and, by trading through GCM, you retain sole discretion over any trade and are not relying in any way on GCM for advice, guidance, management, or any other service relating to trading decisions or the implementation thereof; (5) NinjaTrader logo is a registered trademark of NinjaTrader, LLC, and other names and marks referred to are the property of their respective owners; (6) any money manager you retain to trade on your behalf who uses GCM’s dealing desk for trades is not a GCM employee, agent or representative; and (7) GCM does not, by implication or otherwise, endorse your actions or the actions of PFG or any other third party.
GCM does not guarantee or recommend any buy or sell signals, indicators or strategies, nor does GCM offer investment advice, including but not limited to a customer’s trading strategy. GCM assumes no liability for any losses, costs or indebtedness associated with or resulting from: (1) a customer’s decision to trade or to otherwise use GCM’s services; (2) any actions and/or investment strategies of a customer, PFG or a customer’s money manager; (3) the NinjaTrader® Automated Order Entry Platform or automated trading features associated with any other Platform, including but not limited to order entry errors and platform failures; (4) a customer’s use of any automated order entry system; (5) a customer’s use of GCM’s Services or Custom Programs (as the terms are defined below); and (6) any other liabilities arising from a customer using GCM to trade, including but not limited to attorney fees (collectively referred to as “Damages”). By using GCM to trade, you agree to indemnify and hold GCM harmless for all such Damages, and further agree to indemnify and hold GCM harmless in respect of any claims arising in connection with GCM’s Services made by: (a) third parties, which arise from the misconduct of Customer; (b) Customer’s family members, dependants, heirs or assign; or (c) third parties which the Customer, their estate, their family members, dependants, heirs or assigns have sued, if damages are recovered from such third parties, to the extent the third party obtains any indemnification from GCM; except where the loss, injury, death or damage is caused by the reckless or fraudulent conduct on the part of GCM or its employees, agents, shareholders, officers or directors.
All agreements between you and GCM are made under, and shall be construed according to, the laws of the State of Delaware.