Use and Acceptance
READ THESE TERMS AND CONDITIONS (“TERMS”) CAREFULLY BEFORE USING THE SERVICES DESCRIBED HEREIN. BY UTILIZING THE WEBSITE LOCATED AT WWW.CHARLESVANDEURSEN.COM (“WEBSITE”), YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS AND THAT YOU AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU ARE NOT AN AUTHORIZED USER OF THESE SERVICES AND YOU SHOULD NOT USE THIS WEBSITE.
Nothing contained on this Website constitutes tax, accounting, regulatory, legal, insurance or investment advice. Neither the information, nor any opinion, contained on this Website constitutes a solicitation or offer by Charles van Deursen or its affiliates to buy or sell any securities, futures, options or other financial instruments, nor shall any such security be offered or sold to any person in any jurisdiction in which such offer, solicitation, purchase, or sale would be unlawful under the securities laws of such jurisdiction. Decisions based on information contained on this Website are the sole responsibility of the visitor. In exchange for using this Website, the visitor agrees to indemnify and hold Charles van Deursen, its officers, directors, employees, affiliates, agents, licensors and suppliers harmless against any and all claims, losses, liability, costs and expenses (including but not limited to attorneys’ fees) arising from your use of this Website, from your violation of these Terms or from any decisions that the visitor makes based on such information.
This Website is for information purposes only and is not intended to be relied upon as a forecast, research or investment advice. The information on this Website does not constitute a recommendation, offer or solicitation to buy or sell any securities or to adopt any investment strategy. Although this material is based upon information that Charles van Deursen considers reliable and endeavors to keep current, Charles van Deursen does not assure that this material is accurate, current or complete, and it should not be relied upon as such. Any opinions expressed on this Website may change as subsequent conditions vary.
The value of your investment can go up or can go down depending upon market conditions. Fixed income investments are subject to risk including interest rate, credit, market and issuer risk. Currency exchange rates may cause the value of an investment to go up or down. Alternative strategies involve higher risks than traditional investments, may not be tax efficient, and have higher fees than traditional investments; they may also be highly leveraged and engage in speculative investment techniques, which can magnify the potential for investment loss or gain. BEFORE ACQUIRING THE SHARES OF ANY INVESTMENT FUND BY PURCHASE OR EXCHANGE, IT IS YOUR RESPONSIBILITY TO READ THE FUND’S PROSPECTUS OR OFFERING MATERIALS.
The information and services provided on this Website are provided “AS IS” and without warranties of any kind, either expressed or implied. To the fullest extent permissible pursuant to applicable law, Charles van Deursen disclaims all warranties, including, but not limited to, any warranty of non-infringement of third-party rights and any implied warranties of merchantability and fitness for a particular purpose. Charles van Deursen does not warrant, either expressly or impliedly, the accuracy or completeness of the information, text, graphics, links or other items contained on this Website and does not warrant that the functions contained in this Website will be uninterrupted or error-free, that defects will be corrected, or that the Website will be free of viruses or other harmful components. Charles van Deursen expressly disclaims all liability for errors and omissions in the materials on this Website and for the use or interpretation by others of information contained on the Website.
Fund and Advisor Disclosures
At Charles van Deursen we are a money market fund and we seek to preserve the value of your investment. Please carefully consider a fund’s investment objective, risks, charges and expenses before investing. For this and other information, call or write to Charles van Deursen for a free prospectus or view one online.
Non-Regular Way Settlement Transactions – Charles van Deursen provides agency execution services to its customers. Accordingly, all orders sent to Charles van Deursen in Japan – listed securities are executed with regular-way, T+1 settlement. Customers are reminded that as an agency-only broker-dealer, Charles van Deursen will accept non-regular-way settlement orders in special conditions and is unable to facilitate any customer requests to amend the settlement period post-execution.
Best Execution – Charles van Deursen takes a number of factors into consideration in determining where to send customers’ orders, including, among other things, the size and type of order, the terms and conditions of the order, the trading characteristics of the security, the character of the market for the security, the accessibility of quotations, transaction costs, the opportunity for price or size improvement, the speed of execution, the availability of efficient and reliable order handling systems, the level of service provided by the market venue and the customer’s overall objectives with respect to the market. Charles van Deursen regularly reviews transactions for quality of execution.
Execution Venues – Charles van Deursen executes transactions on market centers that it may be a member of, and/or have an ownership interest.
Execution Counterparties – Transactions executed in Japan or outside Japanese markets may be affected with or through Charles van Deursen affiliate. Such affiliate may have acted as principal or agent and as a result derived compensation from the transaction. Additional information is available upon written request.
- Hours of Operation. Customer may place orders as and when permitted by Charles van Deursen for execution outside of regular trading hours except for official exchange and market holidays and those days on which Charles van Deursen chooses not to accept orders outside of regular trading hours. Charles van Deursen may, at any time and without notice, change or modify its hours of operation (including the hours during which it accepts orders outside of regular trading hours). If Charles van Deursen chooses to make such changes or modifications, this disclosure will also apply to the changed or modified hours. Charles van Deursen may, at any time and without notice, amend the terms that apply to orders accepted outside of regular trading hours.
- Risk Factors. Purchases and sales of securities outside of regular trading hours may entail special risks, including the following:
- Risk of Lower Liquidity. Liquidity refers to the ability of market participants to buy and sell securities. Generally, the more orders that are available in a market, the greater the liquidity. Liquidity is important because with greater liquidity it is easier for customers to buy or sell securities, and as a result, customers are more likely to pay or receive a competitive price for securities purchased or sold. There may be lower liquidity in extended hours trading as compared to regular market hours. As a result, customers order may only be partially executed or not executed at all.
- Risk of Higher Volatility. Volatility refers to the changes in price that securities undergo when trading. Generally, the higher the volatility of a security, the greater its price swings. There may be greater volatility in extended hours trading than in regular market hours. As a result, customers order may only be partially executed, or not at all, or customer may receive an inferior price in extended hours trading than customer would during regular market hours.
- Risk of Changing Prices. The prices of securities traded in extended hours trading may not reflect the prices either at the end of regular market hours or upon the opening of the next morning. As a result, customer may receive an inferior price in extended hours trading than customer would during regular market hours.
- Risk of Unlinked Markets. Depending on the extended hours trading system or the time of day, the prices displayed on a particular extended hour system may not reflect the prices in other concurrently operating extended hours trading systems dealing in the same securities. Accordingly, customer may receive an inferior price in one extended hours trading system than customer would in another extended hours trading system.
- Risk of News Announcements. Normally, issuers make news announcements that may affect the price of their securities after regular market hours. Similarly, important financial information is frequently announced outside of regular market hours. In extended hours trading, these announcements may occur during trading, and if combined with lower liquidity and higher volatility, may cause an exaggerated and unsustainable effect on the price of a security.
- Risk of Wider Spreads. The spread refers to the difference in price between what customer can buy a security for and what customer can sell it for. Lower liquidity and higher volatility in extended hours trading may result in wider than normal spreads for a particular security.
- Risk of Lack of Calculation or Dissemination of Underlying Index Value or Intraday Indicative Value (“IIV”). For certain derivative securities products, an updated underlying index value or IIV may not be calculated or publicly disseminated in extended trading hours. Since the underlying index value and IIV are not calculated or widely disseminated during the pre-market and post-market sessions, a customer who is unable to calculate implied values for certain derivative securities products in those sessions may be at a disadvantage to market professionals.
- Risk of exposure. The customer understands and agrees that based on the long-term business relationship principle he is limited to refund prior to achieving a minimum of 5 (five) trades.
- Eligible Securities. Most Nasdaq and certain other exchange-listed securities are eligible for trading outside of regular trading hours, although the individual markets may vary with respect to the availability of certain securities. It is possible, at any time, that trading in any number of these securities may not be available due to a lack of trading interest. Charles van Deursen reserves the right, at any time and without notice, to suspend trading in any or all securities outside of regular trading hours, with or without pending customer orders. If Charles van Deursen exercises that right, any outstanding orders that customer has entered will be cancelled, unless customer and Charles van Deursen have previously specifically agreed that they will be carried over to the next day.
- Order Types. Charles van Deursen will not accept market orders for trading outside of regular trading hours. Customer must enter all orders in round lots. Charles van Deursen is under no duty to accept odd or mixed lot orders.
- Orders. Orders entered for execution outside of regular trading hours must be specifically designated as such and, unless customer and Charles van Deursen specifically agree to the contrary, orders will not carry over from regular trading sessions. Orders not executed by the close of the extended hours trading session, on the day that Charles van Deursen receives them, will be cancelled, unless customer and Charles van Deursen specifically agree to the contrary.
- Handling of Orders. Charles van Deursen will attempt to have all orders received by it for execution outside of regular trading hours executed in a timely manner. However, because the bid and offer prices of orders reflected in quotations outside of regular trading hours are subject to change, there is no guarantee that customer’s orders will be executed. In addition, delays or failures in communications or other computer system problems may cause delays in, or prevent, the execution of orders. As with orders entered during regular trading sessions, Charles van Deursen may route customer’s order to an electronic communication network or other alternative trading system that, although operated independently of Charles van Deursen, may be an entity in which Charles van Deursen or one of its affiliates is an equity investor or has other financial interests. In addition, Charles van Deursen or one or more of its affiliates may decide to display orders or to trade with limit orders displayed by Charles van Deursen on customer’s behalf. These affiliates may or may not operate independently of Charles van Deursen.
- Cancellation or Change Requests. Customer may attempt to change or cancel orders placed outside of regular trading hours at any time so long as they have not been executed. Due to the risk of communication delays, it is possible that all or a portion of such orders may be executed before customer’s change or cancellation request is processed. Unless customer and Charles van Deursen specifically agree to the contrary, customer cannot change all or the unexecuted portion of customer’s order entered outside of regular trading hours to a regular trading session order, and all unexecuted orders placed outside of regular trading hours will be cancelled at the close of the trading session, on the day that Charles van Deursen receives such orders.
- Trade Settlement. The trade date for orders entered outside of regular trading hours will be the date of order execution. Such trades will normally settle in accordance with the customary settlement time applicable to the market in which orders were executed.
Certain information provided through this Website has been filed with the Securities and Exchange Commission (“SEC”) (such materials being referred to as “SEC Materials”). The SEC Materials and other public disclosures contained on this Website contain forward-looking statements, with respect to Charles van Deursen’s future financial or business performance, strategies or expectations. Forward-looking statements are typically identified by words or phrases such as “trend,” “potential,” “opportunity,” “pipeline,” “believe,” “comfortable,” “expect,” “anticipate,” “current,” “intention,” “estimate,” “position,” “assume,” “outlook,” “continue,” “remain,” “maintain,” “sustain,” “seek,” “achieve,” and similar expressions, or future or conditional verbs such as “will,” “would,” “should,” “could,” “may” or similar expressions.
In addition to risk factors previously disclosed in SEC Materials and those identified elsewhere in this Website, the following factors, among others, could cause actual results to differ materially from forward-looking statements or historical performance: (1) the introduction, withdrawal, success and timing of business initiatives and strategies; (2) changes and volatility in political, economic or industry conditions, the interest rate environment, foreign exchange rates or financial and capital markets, which could result in changes in demand for products or services or in the value of assets under management; (3) the relative and absolute investment performance of Charles van Deursen’s investment products; (4) the impact of increased competition; (5) the impact of future acquisitions or divestitures; (6) the unfavorable resolution of legal proceedings; (7) the extent and timing of any share repurchases; (8) the impact, extent and timing of technological changes and the adequacy of intellectual property and information security protection; (9) the impact of legislative and regulatory actions and reforms, and regulatory, supervisory or enforcement actions of government agencies relating to Charles van Deursen; (10) terrorist activities, international hostilities and natural disasters, which may adversely affect the general economy, domestic and local financial and capital markets, specific industries or Charles van Deursen; (11) the ability to attract and retain highly talented professionals; (12) fluctuations in the carrying value of Charles van Deursen’s economic investments; (13) the impact of changes to tax legislation, including income, payroll and transaction taxes, and taxation on products or transactions, which could affect the value proposition to clients and, generally, the tax position of the Company; (14) Charles van Deursen’s success in maintaining the distribution of its products; (15) the impact of Charles van Deursen electing to provide support to its products from time to time and any potential liabilities related to securities lending or other indemnification obligations; and (16) the impact of problems at other financial institutions or the failure or negative performance of products at other financial institutions.
Trademarks, Copyrights and other Intellectual Property
The content contained on this Website is owned or licensed by Charles van Deursen and its third-party information providers and is protected by applicable copyrights, trademarks, service marks, and/or other intellectual property rights. Such content is solely for your personal, non-commercial use. Accordingly, you may not copy, distribute, modify, post, frame or deep link this Website, including any text, graphics, video, audio, software code, user interface design or logos. You may download material displayed on this Website for your personal use provided you also retain all copyright and other proprietary notices contained on the materials. You may not distribute, modify, transmit, reuse, repost, or use the content of this Website for public or commercial purposes, including all text, images, audio, and video, without Charles van Deursen’s written permission. Modification or use of the materials for any other purpose violates Charles van Deursen’s intellectual property rights.
All trademarks, service marks, trade names, and logos displayed on this Website are proprietary to Charles van Deursen and/or their respective owners. Nothing contained on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on this Website without the written permission of Charles van Deursen or such other third party that may own the trademark displayed on this Website. Your use of the trademarks displayed on this Website, except as provided herein, is strictly prohibited.
The use of the images displayed on this Website by you, or anyone else authorized by you, is prohibited. Any unauthorized use of the images may violate copyright laws, trademark laws, and the laws of privacy and publicity, and communications, as well as other regulations and statutes. If you download any information from this Website, you agree that you will not copy it or remove or obscure any copyright or other notices or legends contained in any such information.
Links to Other Websites
Links to Charles van Deursen from Other Websites
You shall not display hyperlinks on your websites to any website owned or operated by Charles van Deursen. If you desire to display on your website a hyperlink to a Charles van Deursen website, you must enter into a written agreement with Charles van Deursen governing such display. Access to any Charles van Deursen website does not authorize you to use any of Charles van Deursen names, logos, trademarks or copyrighted material, and you agree not to do so without Charles van Deursen’s express written consent. Requests to display hyperlinks on your websites to Charles van Deursen websites should be e-mailed to email@example.com.
Transmissions to and From this Website
Electronic communications can be intercepted by third parties and, accordingly, transmissions to and from this Website may not be secure. Communications to Charles van Deursen, particularly those containing confidential information, may be sent by mail to: Charles van Deursen, Mita Kokusai Building, 1 Chome-4-28 Mita, Minato-ku, Tōkyō-to 108-0073, Japan, Attn: Webmaster. Charles van Deursen shall be free to use, for any purpose, any ideas, concepts, know-how, or techniques provided by a website user to Charles van Deursen through this Website. You acknowledge and agree that Charles van Deursen has granted you limited access to the specific files pertaining to the Charles van Deursen Funds (“Approved Files”), and you agree not to attempt to access computer files other than the Approved Files. Charles van Deursen makes no warranty to you regarding the security of the Website, including with regard to the ability of any unauthorized persons to access information received or transmitted by you through or from the Website. Charles van Deursen reserves the right to cease providing, or to change, this Website and content of such information (or any portion or feature thereof) at any time or frequency and without notice.
Account and Transaction Information on this Website: certain Charles van Deursen clients may access account information, including transactions, through this Website. Account information is unaudited unless noted otherwise, may be based on estimates. Do not make any investment decisions based on such information as it is subject to change.
E-mail and Marketing
Financial professionals who complete the registration process to access the Charles van Deursen Financial Professional web site are at the same time granting Charles van Deursen permission to send them e-mail messages for marketing and general communication purposes at the e-mail address they have provided. This service may be discontinued at any time by responding to the email with “Unsubscribe” in the subject line.
Jurisdiction and Governing Law
The information provided on this Website is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Charles van Deursen or its affiliates to any registration requirement within such jurisdiction or country. Each investment product and service referred to on this Website is intended to be made available to only Japanese residents. This Website will not be considered a solicitation for or offering of any investment product or service to any person in any jurisdiction where such solicitation or offering would be illegal.
Limitation of Liability
CHARLES VAN DEURSEN AND ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR INDIRECT DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, TRADING LOSSES OR DAMAGES THAT RESULT FROM USE OR LOSS OF USE OF THIS WEBSITE), EVEN IF CHARLES VAN DEURSEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, INCLUDING, WITHOUT LIMITATION, FROM THE USE OR ATTEMPTED USE OF THIS WEBSITE OR ANOTHER LINKED WEBSITE. IF YOU LIVE IN A COUNTRY THAT DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR IF YOU ACCESS THE WEBSITE SOLELY THROUGH AN ARRANGEMENT WITH YOUR EMPLOYER OR PLAN SPONSOR, SOME OR ALL OF THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Broker-Dealer’s Potential Conflicts
As a broker-dealer, Charles van Deursen and/or its affiliates may act as a principal for its own account or as agent for its customers in connection with the sale to you or purchase by you of a security that is the subject of content prepared by Charles van Deursen. If it receives a mark-up or commission or acts as agent for another person in connection with any such transaction, Charles van Deursen may have a potential conflict of interest. You understand this potential conflict and acknowledge that you may choose to effect securities transactions at another broker-dealer.
Timeliness of Content
All content on this Website is presented only as of the date published or indicated, and may be superseded by subsequent market events or for other reasons. In addition, you are responsible for setting the cache settings on your browser to ensure you are receiving the most recent data.
The client hereby accepts that there is no manner of canceling any order or transaction once it has been executed. Without derogating from the aforementioned statement, the client understands such limitations by pressing on the Trade icon.
You acknowledge that we may record telephone conversations with you without the use of a warning tone, and may use the recordings as evidence in the event of a dispute. We will destroy any recordings or transcripts in accordance with our normal destruction policy in place at that time (currently 3 years).
|The Broker will charge the Client the agreed fees (in consideration for subscription, availability and utilization of the Service) as the Broker may prescribe from time to time. The Broker reserves the right to revise the fees at anytime immediately after notification, and the Client hereby authorizes the Broker to charge the revised fees to any of the Client accounts held with the Bank.|
|The Broker reserves the right, on reasonable grounds, to refuse to provide the Service to a Client, and/or to refuse to act upon or respond to any Client’s instructions or queries received via the Internet.|
|The Client authorizes the Broker to send Service related advices, notices and/or correspondence in the manner the Broker deems fit. The Client shall be responsible for the confidentiality of all Broker generated Client advices, notices and correspondence.|
|Any costs incurred towards Internet usage to logon to the Service shall be for the Client’s exclusive account.|
Under the regulations there is a legal requirement to prove the identity of people who wish to make an investment. You may therefore be asked for some evidence of your identity. This will normally be a passport or similar form of identity check together with proof of address from a gas bill, electricity bill or similar.
You agree to provide accurate information, accurate and complete information about yourself during the registration process and you also agree not to impersonate another person or entity, and not to hide your identity for any reason whatsoever.
Equity Trading involves high risks and you can lose a significant amount of money. Commodity trading is not suitable for many investors. Any performance results listed in all marketing materials represents simulated computer results over past historical data, and not the results of an actual account. All opinions expressed anywhere on this website are only opinions of the author. The information contained here was gathered from sources deemed reliable, however, no claim is made as to its accuracy or content. Different testing platforms can produce slightly different results. Our systems are only recommended for well capitalized and experienced futures traders.
Hypothetical performance results have many inherent limitations, some of which are described below. No representation is being made that any account will or is likely to achieve profits or losses similar to those shown. In fact, there are frequently sharp differences between hypothetical performance results and the actual results subsequently achieved by any particular trading program.
One of the limitations of hypothetical performance results is that they are generally prepared with the benefit of hindsight. In addition, hypothetical trading does not involve financial risk, and no hypothetical trading record can completely account for the impact of financial risk in actual trading. For example, the ability to withstand losses or to adhere to a particular trading program in spite of trading losses are material points which can also adversely affect actual trading results. There are numerous other factors related to the markets in general or to the implementation of any specific trading program which cannot be fully accounted for in the preparation of hypothetical performance results and all of which can adversely affect actual trading results.
- Use this Website in any manner that could damage or overburden any Charles van Deursen server, or any network connected to any Charles van Deursen server, as all servers have limited capacity and are used by many people;
- Use this Website in any manner that would interfere with another party’s use of the Website;
- Include the term “Charles van Deursen,” or any Charles van Deursen trademark or executive’s name, or any variation of the foregoing, as a meta-tag, hidden textual element;
- Use any robot, spider, intelligent agent, other automatic device, or manual process to search, monitor or copy this Website or the reports, data, information, content, software, products services, or other materials on, generated by or obtained from this Website, whether through links or otherwise (collectively, “Materials”), without Charles van Deursen permission, provided that generally available third-party web browsers may be used without such permission; or
- Use this Website or the Materials in any manner that could create impression of affiliation, sponsorship or endorsement by Charles van Deursen.
Password Security and Notification
Certain parts of the Website are protected by passwords or require a login and are restricted to authorized users only. You may not obtain unauthorized access to such parts of the Website, or to any other protected materials or information, through any means not intentionally made available by Charles van Deursen for your specific use. If you have a Personal Identification Number (PIN) for access to non-public areas of the Website, you are solely responsible for all activities that occur in connection with your PIN. Accordingly, you should take all reasonable steps to protect the confidentiality of your PIN. Notify Charles van Deursen immediately if you become aware of any disclosure, loss, theft or unauthorized use of your PIN.
Unauthorized Use of Content
You agree to defend, indemnify and hold harmless Charles van Deursen, its affiliates and each of their respective officers, directors, members, partners, managers and employees against any losses, damages, claims, liabilities and costs (including reasonable attorneys’ fees) to the extent resulting from or arising out of any unauthorized or otherwise inappropriate use of any of the content of this Website attributable to you or which occurs through the use of your ID.
System Outages and Incomplete Transmissions
Internet software or transmission problems may produce inaccurate or incomplete copies of information and materials that may be downloaded and displayed on a user’s computer. Charles van Deursen is not liable for any damages, changes, or omissions that occur during transmission of information and materials.
Charles van Deursen may terminate your access to the Website for any reason, without prior notice.
No waiver by Charles van Deursen of any right under or term or provision of these Terms will be deemed a waiver of any other right, term, or provision of these Terms at the time of such waiver or a waiver of that or any other right, term, or provision of these Terms at any other time.
Integration and Severability
If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of the remaining provisions.
Charles van Deursen is an equal opportunity employer committed to diversity in the workplace.
© 2006 Charles van Deursen. All rights reserved. CHARLES VAN DEURSEN, CHARLES VAN DEURSEN SOLUTIONS, are registered and unregistered trademarks of Charles van Deursen or its subsidiaries in Japan and elsewhere. All other trademarks are those of their respective owners.