WEBSITE USER AGREEMENT
HighGround Trading Group, Inc. makes available information, materials, products and services on this website subject to the following terms and conditions and the terms and conditions of all applicable account and other agreements, disclaimers and the legal notices that appear on this website and/or must be agreed by you in the account opening process. By accessing this site, you agree to the terms and conditions as outlined below, in addition to those contained in such agreements, disclaimers and legal notices. HighGround Trading Group, Inc. retains the right to change these terms and conditions from time to time at its sole discretion. The prices, fees, costs and other terms of all products and services offered on this website are subject to change at any time and from time to time without notice.
This site is presented solely for informational purposes and to provide access to certain electronic products or services. No offer to buy or sell futures, securities derivative products or foreign exchange of any kind, or any type of investment or trading advice or strategy is made, given or in any manner endorsed by HighGround Trading Group, Inc. or its affiliates. You are fully responsible for any investment or trading decisions you make, and such decisions should be based solely on your evaluation of your financial circumstances, investment or trading objectives, risk tolerance and liquidity needs.
RISKS OF ELECTRONIC TRADING
Account access, trade executions and system response and performance may be adversely affected, including delays and failures, as a result of: market volatility, trading volumes, illiquidity, quote delays, system and software errors, data or server outages, Internet traffic and capacity and other market conditions or factors. One or more of these factors may occur before or after you place a trade, resulting in a delayed or failed order placement, order cancellation, trade execution and/or acknowledgement of any of those actions. You are solely responsible for such risks.
This website contains or may contain references and links to other companies and/or their websites, none of which is under the control of HighGround Trading Group, Inc. HighGround Trading Group, Inc. makes no representations, warranties or endorsements whatever about any other websites to which you may have access through the HighGround Trading Group, Inc. website or any products or services of those other companies even if the products or services of those other companies or their websites are described or offered on HighGround Trading Group, Inc.’s website or integrated with any of HighGround Trading Group, Inc.'s products or services.
Except as expressly provided in an agreement between you and RCG, all products, services, information, software and system performance offered or provided in this site are offered and/or provided "as is" without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular use or purpose.
You use this site and all RCG products and services at your own risk. In no event shall RCG by liable for any special, incidental, indirect or consequential damages of any kind, or any financial losses or damages whatever, including, without limitation, those resulting from loss of (or errors in) service, software, data, whether or not we have been advised of the possibility of such damages and regardless of the theory of liability.
TRADEMARKS AND COPYRIGHT INFORMATION
Except as otherwise noted, the content of this website, including, but not limited to text, graphics and icons, are copyrighted materials of HighGround Trading Group, Inc. and RCG Copyright © 2000-2009, by RCG, All Rights Reserved or its affiliates and may not be used or reproduced without prior written consent of RCG. Trademarks, logos and service marks on this site are owned by RCG, used by RCG under licenses from the owners of such marks or are the property of third parties. Use of such marks without the prior written consent of RCG or such third parties is prohibited.
FX WAKEUP CALL®
RCG FX TRADER®
RCG Metals Trader® and Design®
RCG Grain Trader® and Design®
Are Registered U.S. Trademarks.
RCG PROFESSIONAL® CAN.
RCG INSTITUTIONAL® CAN.
RCG TRADER® CAN.
FX WAKEUP CALL® CAN.
RCG ONYX® CAN.
RCG FX TRADER® CAN.
Are Registered Canadian Trademarks
RCG PROFESSIONAL CTM
RCG INSTITUTIONAL CTM
FX WAKEUP CALL CTM
RCG FX TRADER CTM
RCG ONYX CTM
Are Registered European Community Trademarks
RCG PROFESSIONAL M.R.
RCG INSITUTIONAL M.R.
RCG TRADER M.R.
FX WAKEUP CALL M.R.
Are Registered Mexican Trademarks
RCG Onyx® is a patent-pending technology.
FOR FUTURES AND OPTIONS
This brief statement does not disclose all of the risks and other significant aspects of trading in futures and options. In light of the risks, you should undertake such transactions only if you understand the nature of the contracts (and contractual relationships) into which you are entering and the extent of your exposure to risk. Trading in futures and options is not suitable for many members of the public. You should carefully consider whether trading is appropriate for you in light of your experience, objectives, financial resources and other relevant circumstances.
1. Effect of 'Leverage' or 'Gearing'
Transactions in futures carry a high degree of risk. The amount of initial margin is small relative to the value of the futures contract so that transactions are 'leveraged' or 'geared'. A relatively small market movement will have a proportionately larger impact on the funds you have deposited or will have to deposit: this may work against you as well as for you. You may sustain a total loss of initial margin funds and any additional funds deposited with the firm to maintain your position. If the market moves against your position or margin levels are increased, you may be called upon to pay substantial additional funds on short notice to maintain your position. If you fail to comply with a request for additional funds within the time prescribed, your position may be liquidated at a loss, and you will be liable for any resulting deficit.
2. Risk-reducing orders or strategies
The placing of certain orders (e.g. 'stop-loss' orders, where permitted under local law, or 'stop-limit' orders) which are intended to limit losses to certain amounts may not be effective because market conditions may make it impossible to execute such orders. Strategies using combinations of positions, such as 'spread' and 'straddle' positions, may be as risky as taking simple 'long' or 'short' positions.
3. Variable degree of risk
Transactions in options carry a high degree of risk. Purchasers and sellers of options should familiarize themselves with the type of option (i.e. put or call) which they contemplate trading and the associated risks. You should calculate the extent to which the value of the options must increase for your position to become profitable, taking into account the premium and all transaction costs.
The purchaser of options may offset or exercise the options or allow the options to expire. The exercise of an option results either in a cash settlement or in the purchaser acquiring or delivering the underlying interest. If the option is on a future, the purchaser will acquire a futures position with associated liabilities for margin (see the section on Futures above). If the purchased options expire worthless, you will suffer a total loss of your investment which will consist of the option premium plus transaction costs. If you are contemplating purchasing deep-out-of-the-money options, you should be aware that the chance of such options becoming profitable is ordinarily remote.
Selling ('writing' or 'granting') an option generally entails considerably greater risk than purchasing options. Although the premium received by the seller is fixed, the seller may sustain a loss well in excess of that amount. The seller will be liable for additional margin to maintain the position if the market moves unfavorably. The seller also will be exposed to the risk of the purchaser exercising the option, and the seller will be obligated to either settle the option in cash or to acquire or deliver the underlying interest. If the option is on a future, the seller will acquire a position in a future with associated liabilities for margin (see the section on Futures above). If the position is 'covered' by the seller holding a corresponding position in the underlying interest or a future or another option, the risk may be reduced. If the option is not covered, the risk of loss can be unlimited.
Certain exchanges in some jurisdictions permit deferred payment of the option premium, exposing the purchaser to liability for margin payments not exceeding the amount of the premium. The purchaser is still subject to the risk of losing the premium and transaction costs. When the option is exercised or expires, the purchaser is responsible for any unpaid premium outstanding at that time.
ADDITIONAL RISKS COMMON TO FUTURES AND OPTIONS
4. Terms and conditions of contracts
You should ask the firm with which you deal about the term and conditions of the specific futures or options which you are trading and associated obligations (e.g. the circumstances under which you may become obligated to make or take delivery of the underlying interest of a futures contract and, in respect of options, expiration dates and restrictions on the time for exercise). Under certain circumstances the specifications of outstanding contracts (including the exercise price of an option) may be modified by the exchange or clearinghouse to reflect changes in the underlying interest.
5. Suspension or restriction of trading and pricing relationships
Market conditions (e.g. illiquidity) and/or the operation of the rules of certain markets (e.g. the suspension of trading in any contract or contract month because of price limits or 'circuit breakers') may increase the risk of loss by making it difficult or impossible to effect transactions or liquidate/offset positions. If you have sold options, this may increase the risk of loss. Further, normal pricing relationships between the underlying interest and the future, and the underlying interest and the option may not exist. This can occur when, for example, the futures contract underlying the option is subject to price limits while the option is not. The absence of an underlying reference price may make it difficult to judge 'fair' value.
6. Deposited cash and property
You should familiarize yourself with the protections accorded money or other property you deposit for domestic and foreign transactions, particularly in the event of a firm insolvency or bankruptcy. The extent to which you may recover your money or property may be governed by specified legislation or local rules. In some jurisdictions, property which had been specifically identifiable as your own will be pro-rated in the same manner as cash for purposes of distribution in the event of a shortfall.
7. Commission and other charges
Before you begin to trade, you should obtain a clear explanation of all commission, fees and other charges for which you will be liable. These charges will affect your net profit (if any) or increase your loss.
8. Transactions in other jurisdictions
Transactions on markets in other jurisdictions, including markets formally linked to a domestic market, may expose you to additional risk. Such markets may be subject to regulation which may offer different or diminished investor protection. Before you trade you should inquire about any rules relevant to your particular transactions. Your local regulatory authority will be unable to compel the enforcement of the rules of regulatory authorities or markets in other jurisdictions where your transactions have been effected. You should ask the firm with which you deal for details about the types of redress available in both your home jurisdiction and other relevant jurisdictions before you start to trade.
9. Currency risks
The profit or loss in transactions in foreign currency-denominated contracts (whether they are traded in your own or another jurisdiction) will be affected by fluctuations in currency rates where there is a need to convert from the currency denomination of the contract to another currency.
10. Trading facilities
Most open outcry and electronic trading facilities are supported by computer-based component systems for the order-routing, execution, matching, registration or clearing of trades. As with all facilities and systems, they are vulnerable to temporary disruption or failure. Your ability to recover certain losses may be subject to limits on liability imposed by the system provider, the market, the clearinghouse and/or member firms. Such limits may vary; you should ask the firm with which you deal for details in this respect.
11. Electronic trading
Trading on an electronic trading system may differ not only from trading in an open-outcry market but also from trading on other electronic trading systems. If you undertake transactions on an electronic trading system, you will be exposed to risk associated with the system including the failure of hardware and software. The result of any system failure may be that your order is either not executed according to your instructions or is not executed at all.
12. Off-exchange transactions
In some jurisdictions, and only then in restricted circumstances, firms are permitted to effect off-exchange transactions. The firm with which you deal may be acting as your counterparty to the transaction. It may be difficult or impossible to liquidate an existing position, to assess the value, to determine a fair price or to assess the exposure to risk. For these reasons, these transactions may involve increased risks. Off-exchange transactions may be less regulated or subject to a separate regulatory regime. Before you undertake such transactions, you should familiarize yourself with applicable rules and attendant risks.
FUTURES AND OPTIONS ON FUTURES ON FOREIGN COMMODITY EXCHANGES
HighGround Trading Group, Inc. and Rosenthal Collins Group shall not be responsible for any loss arising from any investment based on any recommendation, forecast or other information herein contained. The contents of this publication should not be construed as an express or implied promise, guarantee or implication by HighGround Trading Group, Inc. and Rosenthal Collins Group that clients will profit from the strategies herein or that losses in connection therewith can or will be limited. Information contained within is believed to be from reliable sources, however, no guarantee to its accuracy is made.
Investment and trading in leveraged and non-leveraged foreign exchange is speculative, involves a high degree of risk and is appropriate only for those who can assume risk of loss in excess of their margin deposits. As a result of the low margin normally required in foreign exchange trading, value changes in foreign exchange may result in significant losses, which losses may substantially exceed your investment and margin deposits. You should consider whether you are willing and able, financially and otherwise, to assume the risk of foreign exchange trading. In addition, HighGround Trading Group, Inc. and RCG can not be held responsible for losses incurred through following any trading recommendations contained herein or from suggestions or those of its employees, agents or representatives.
This brief statement does not disclose all of the risks and other significant aspects of trading in foreign exchange. In light of the risks, you should undertake such transactions only if you understand the nature of the contracts (and contractual relationships) into which you are entering and the extent of your exposure to risk. Trading in foreign exchange is not suitable for many members of the public. You should carefully consider whether trading is appropriate for you in light of your experience, objectives, financial resources and other relevant circumstances. There is a risk of loss in all off-exchange foreign exchange transactions.
HighGround Trading Group, Inc. ("HighGround") is dedicated to serving your financial needs. Your privacy as well as your confidence in every aspect of our relationship is important to us.
Nonpublic Personal Information Collected
We collect nonpublic personal information when you (a) open and maintain an account with us or (b) inquire as to a financial product or service offered by us. Specifically, we collect nonpublic personal information from the following sources:
- From account opening documents and any other forms delivered by you to us (such as name, address, social security number or tax identification number, assets, and income);
- From transactions made by or with us (including account balances, and cash deposits/withdrawals);
- From entities outside of HighGround (e.g., information obtained from credit rating agencies);
- From visits to the HighGround web site (cookies may be used to track your activities while on a web site, although cookies do not contain personal information about you unless you knowingly provide it); and
- From any direct inquiry regarding a HighGround product or financial service.
Sharing of Nonpublic Personal Information
We do not sell or rent customer information. We do not disclose nonpublic personal information about customers (current or former) to any nonaffiliated third parties or to affiliated entities, except as permitted by law. Such instances where information may be shared include:
- To service providers in connection with the administration and servicing of an account, which may include attorneys, accountants, auditors and other professionals;
- To affiliated companies in order to provide you with ongoing personal advice and assistance with respect to the products and services you have purchased through us and to introduce you to other products and services that may be of value to you;
- To respond to a subpoena or court order, judicial process or to regulatory authorities; and
- To protect against fraud, unauthorized transactions (such as money laundering), claims or other liabilities.
If you are a consumer and not a customer of HighGround we may share some or all of your personal information with entities not affiliated with us as permitted by law. Please be advised, however, that we only share such information with service providers that market our products or services or provide services to HighGround. Further, the information provided does not include credit information, such as credit history, net worth, or income information.
The law allows you to "opt out" of our sharing nonpublic personal information about you in certain circumstances with affiliated and nonaffiliated companies; that is, you may direct HighGround to not make such disclosures. We do not currently share information about you with any affiliate or third party that triggers this opt out right. Therefore, there is no need for you to opt out. If in the future we desire to disclose your information in a way that is inconsistent with this policy, we will notify you in advance and provide you with the opportunity to opt out of such disclosure.
We protect your account information by placing it on the secure portion of the HighGround web site, using various tools such as firewalls and data encryption, and requiring you to enter a unique username and password to access your account information online. With respect to internal security procedures, we restrict access to nonpublic personal information to those officers or employees who need to know that information to perform services to our customers. At HighGround, we value the protection of our customers' nonpublic personal information and will continue to do our best in making sure you feel confident that our information safeguards satisfy your needs.
Updating Your Nonpublic Personal Information
We work hard to keep complete and accurate information about you and your accounts. If you ever believe that our records are incorrect or incomplete, please let us know. We will investigate and correct any inaccuracies as quickly as possible. You may also update this information by contacting us at the telephone number or e-mail address provided below. When writing, please include your name, mailing address, telephone number and, if possible, your account number.
Rosenthal Collins Group, LLC ("RCG") recognizes that The International Money Laundering Abatement and Anti-Terrorist Financing Act of 2001 ("Act") imposes important new obligations on all financial firms for the detection, deterrence and reporting of money laundering activities. Under the Act, money laundering is defined as any financial transaction using income derived from criminal activity including, but not limited to, drug trafficking, fraud, illegal gambling and terrorism. RCG has established the following policies to ensure thorough compliance with all laws and regulations regarding money laundering.
Prior to the opening of any new account, RCG shall document the identity, nature of business, income, source of assets, and investment objectives of each prospective customer. Accounts for persons or entities from countries that do not cooperate with the Financial Action Task Force (FATF) guidelines on money laundering shall be subject to a heightened level of scrutiny. Accounts in the name of, or related to, any person or entity on the Office of Foreign Asset Control (OFAC) Specially Designated Nationals and Blocked Person list shall not permitted.
On an ongoing basis, RCG shall review account activity for evidence of suspicious transactions that may be indicative of money laundering activities. This review may include surveillance of: 1) money flows into and out of accounts, 2) the origin and destination of wire transfers, 3) non-economic transactions, and 4) other activity outside the normal course of business.
Every officer, employee and associated person ("AP") of RCG shall be responsible for assisting in the firm's efforts to uncover and report any activity that might constitute, indicate or raise suspicions of money laundering. To this end, RCG shall provide continuing education and training of all such persons.
Should any officer, employee or AP of RCG have any knowledge, suspicions or information regarding potential money laundering activities, that individual shall immediately notify RCG's Compliance Department. RCG's Compliance Officer shall document the reported activity, investigate fully, and, if warranted, report such activity to the senior management of RCG.
RCG shall comply with all trade and economic sanctions imposed by OFAC against targeted foreign countries and shall cooperate fully with government agencies, self-regulatory organizations and law enforcement officials. As provided by the Act, RCG may supply information about former, current or prospective customers to such bodies.
Any officer, employee or AP who fails to comply with RCG's policies and procedures on money laundering may be subject to disciplinary action, including termination of employment. In addition, such failure may expose the individual to civil and criminal penalties under the Act.