Terms of Use & Privacy Policy

By accessing this Website, you agree to be bound by the disclosures and terms below as amended from time to time (the “Terms of Use”).  If you do not agree with these Terms of Use, do not access the Website. We may update the Terms of Use from time to time in our discretion, without notice, and you are responsible for periodically reviewing the most current version posted on the Website. Your use each time of the Website and continued use of the Website following the posting of any revised Terms of Use constitutes acceptance of and agreement to be governed by the Terms of Use or revised Terms of Use, as applicable.

 

Certain Defined Terms

“BFIN” (or “we” or “us”) means collectively BFIN Real Estate Group LP, BFIN Securities LP, BFIN Private Advisors LP, BFIN Real Estate (London) Limited, BFIN Securities US LLC, BFIN Real Estate Group New York, LLC, BFIN Real Estate Group (Germany) GmbH, BFIN Korea Limited and any of their respective affiliates.  As the context provides, BFIN may also refer to a BFIN entity.

 

“BFIN Indemnified Parties” means, collectively, BFIN and its licensors, vendors, suppliers and service providers (including Information Providers) and each of their respective directors, officers, employees, contractors, shareholders, agents and representatives.

“Information Provider” means any entity providing BFIN, either directly or indirectly, with third-party information, including, but not limited to, various securities markets such as stock exchanges and business and financial news reporters and their respective affiliates.

“Website” means the Internet website(s) that includes the following URL: www.BFIN.com.

Scope of BFIN Operations

In Canada, BFIN operates under its entities BFIN Securities LP and BFIN Real Estate Group LP. BFIN Securities LP is a Dealer Member of the Investment Industry Regulatory Organization of Canada (“IIROC”) and a Member of the Canadian Investor Protection Fund (“CIPF”).

In the United Kingdom, BFIN operates under its entities BFIN Private Advisors LP and BFIN Real Estate (London) Limited.  BFIN Private Advisors LP is authorized and regulated by the Financial Conduct Authority of the United Kingdom (“FCA”).

In the United States, BFIN operates under its entities BFIN Securities US LLC (“BFS US”) and BFIN Real Estate Group New York, LLC.  BFS US is a broker-dealer registered with the U.S. Securities and Exchange Commission and a Member of the Financial Industry Regulatory Authority, Inc. (“FINRA”) and of the Securities Investor Protection Corporation (“SIPC”).

Any person interested in seeking the services of BFIN should consult with individuals associated with the BFIN entity(ies) in their financial center.  Services described herein may be conducted by certain BFIN entities and not others.  BFIN entities are operated generally corresponding to the financial centers in which they cover and are located.  Certain BFIN entities are licensed, registered or regulated to conduct the services described.

 

Permissible Users

​The information, products and services described on the Website are not intended for distribution to, or use by, and are in particular not directed to, any person or entity in any jurisdiction or country where by reason of that person’s nationality, residence or otherwise such distribution or use would be prohibited or contrary to any law or regulation or would obligate us to comply with any additional law, regulation, registration or similar requirement within such jurisdiction or country. Persons in respect of whom such prohibitions apply may not and should not access the Website. You may not use the Website if you are under the age of majority in the jurisdiction in which you live or if you cannot form legally binding contracts under applicable law.

 

Notice to Persons in Canada

Services provided by BFIN Securities LP are intended only for use by clients that each qualify as an “Institutional Customer,” as such term is defined in the rules and regulations promulgated by the IIROC, including IIROC Dealer Member Rules (generally includes Acceptable Counterparties, Acceptable Institutions, Regulated Entities and non-individuals with total securities under administration or management exceeding $10 million).  You and BFIN have each expressly requested and required that these Terms of Use be drawn up in the English language.  Les parties conviennent et exigent expressément que ce contrat et tous les documents qui s'y rapportent soient rédigés en anglais.

Notice to Persons in the United Kingdom

Services provided by BFIN Private Advisors LP are intended only for use by clients that each qualify as a “Professional Client,” as such term is defined for purposes of the FCA Handbook (generally includes an authorized institutional investor or any undertaking meeting two of the following on a company basis (i) balance sheet total of EUR 20,000,000, (ii) net turnover of EUR 40,000,000 and (iii) own funds of EUR 2,000,000).  Nothing in these Terms of Use shall exclude or restrict any duty or liability of BFIN Private Advisors LP under the United Kingdom regulatory system, as defined for the purposes of the FCA Handbook.  In the United Kingdom, the materials contained on the Website are intended only for persons having professional experience in matters relating to investments falling under the Financial Services and Markets Act 2000 or for persons to whom it can otherwise lawfully be distributed.

 

Notice to Persons in the United States

Services provided by BFS US are intended only for clients that each qualify as an “Institutional Account” as defined under FINRA Rules (generally includes any entity with total assets of at least US$50 million) and other institutional-quality clients.  Clients may check the background of BFS US and its registered individuals on FINRA’s BrokerCheck.

 

Under FINRA Rule 2267, BFS US hereby provides Website users with the following information:

 

FINRA BrokerCheck Hotline Number: 1-800-289-9999

FINRA Website: http://www.finra.org/

FINRA publishes an investor brochure that includes information describing FINRA BrokerCheck which is available by contacting FINRA at the above telephone number.

No Advice

The information provided on the Website is intended for informational purposes only and is not intended to constitute financial, accounting, legal, tax or other advice. Users of the Website agree to bear all risks associated with their use of the Website, including any reliance on the availability, accuracy, completeness, timeliness, usefulness or appropriateness of the Website and any information available, incorporated into, used or otherwise available through or on the Website, including the underlying HTML, data, text, images, audio clips, video clips, software, messages and other information (the “Content”).  Many factors unknown to BFIN may affect the applicability and effect of any information on the Website to you. You should consult directly with your applicable BFIN professional or your other advisors before acting on any information on the Website.

No Solicitation

Nothing on or through the Website shall constitute or be construed as a solicitation or offer by BFIN to buy or sell any security, including without limitation, securities or any other financial instrument of any issuer, or as financial, legal, tax or investment advice, or a suitable investment or recommendation or endorsement.  Any tombstones that appear on the Website appear as a matter of public record only. Content available on or through the Website should not be considered as sufficient information upon which to base an investment decision.

Applicable Definitive Agreements

All products and services of BFIN are offered and governed by the terms of applicable definitive agreements entered into with the relevant BFIN entity(ies).

Information Sources, Information Providers and Third-Party Hyperlinks

Information provided on the Website is believed to be accurate at the time it is posted. However, the Website could include inaccuracies, typographical errors, or out-of-date information. Changes may be made at any time to the information without prior notice.  Certain information on the Website can originate from various Information Providers. While BFIN believes these sources to be reliable, neither BFIN nor the Information Providers guarantee the timeliness, sequence, accuracy or completeness of any information, data, opinions, advice or statements contained within such websites or materials. You acknowledge that the information may include views, opinions, and recommendations of individuals or organizations that may be of interest to clients generally, but that neither BFIN nor the Information Providers endorse such views or opinions, or give investment, tax, accounting or legal advice, or recommend the purchase or sale of any security. The Website may contain hyperlinks to other websites or references to products, services or publications other than those of BFIN. Hyperlinking to any other website does not imply the endorsement or approval of such websites, products, services or publications by BFIN. BFIN makes no representations or warranties with respect to, and is not responsible or liable for, the content of third-party websites products, services or publications. BFIN does not control the content, format, currency or any other aspect or variable relating to any of the information. While we try to hyperlink only to websites that share our standards and respect for privacy, we are not responsible for the content, security or privacy practices of other websites. Visiting any other website is at your sole risk. Please review the applicable third-party’s privacy policy when visiting such third-party websites.

Disclaimer of Warranty and Limitation of Liability

BFIN EXPRESSLY DISCLAIMS ANY LIABILITY FOR YOUR USE OF THE WEBSITE.  YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK.  TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE IS PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES OF ANY NATURE OR KIND WHATSOEVER, WHETHER EXPRESS, IMPLIED OR STATUTORY, OR ARISING FROM CUSTOM OR TRADE USAGE OR BY ANY COURSE OF DEALING OR COURSE OF PERFORMANCE, INCLUDING ANY REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES OF OR RELATING TO ANY OF THE FOLLOWING: ACCURACY, ACCESSIBILITY, AVAILABILITY, COMPLETENESS, DURABILITY, ERRORS, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, LACK OF VIRUSES OR OTHER DISABLING OR HARMFUL CODE, PERFORMANCE, QUALITY, RESULTS, SUITABILITY, SECURITY, TIMELINESS, TITLE, TRUTHFULNESS, QUIET ENJOYMENT, UNINTERRUPTED SERVICE, OR WORKMANLIKE EFFORT, ALL OF WHICH ARE HEREBY WAIVED BY YOU AND DISCLAIMED BY BFIN TO THE FULLEST EXTENT PERMITTED BY LAW.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL THE BFIN INDEMNIFIED PARTIES BE LIABLE FOR ANY DAMAGES OR LOSSES, WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES AND ANY OTHER DAMAGES WHATSOEVER (COLLECTIVELY “DAMAGES”), ARISING OUT OF, IN ANY WAY CONNECTED OR RELATING TO YOUR USE OR INABILITY TO USE THE WEBSITE, SERVICES OR INFORMATION CONTAINED ON THE WEBSITE, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE, TRADING LOSSES, POTENTIAL PROFITS, LOSS OF DATA, DAMAGE AS A RESULT OF VIRUSES, ERRORS, INACCURACY OF DATA, EVEN IF CAUSED BY THE BFIN INDEMNIFIED PARTIES OR IF BFIN IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE REASONABLY FORESEEABLE.

THIS LIMITATION OF LIABILITY WILL APPLY TO DAMAGES HOWEVER CAUSED AND TO LIABILITY UNDER ANY THEORY, WHETHER BASED ON CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR ANY OTHER LEGAL OR EQUITABLE THEORY, REGARDLESS OF ANY DAMAGES SUFFERED AS A RESULT OF THE NEGLIGENCE, FAULT OR WRONGDOING OF THE BFIN INDEMNIFIED PARTIES OR ANYONE FOR WHOM BFIN IS RESPONSIBLE, EVEN IF OTHER REMEDIES ARE NOT AVAILABLE OR DO NOT ADEQUATELY COMPENSATE YOU OR ANY OTHER PERSON FOR THE DAMAGES.

 

INDEMNIFICATION

​YOU AGREE TO INDEMNIFY AND HOLD HARMLESS THE BFIN INDEMNIFIED PARTIES FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, COSTS, EXPENSES, CLAIMS, COMPLAINTS, DEMANDS, ACTIONS, SUITS, PROCEEDINGS, OBLIGATIONS AND LIABILITIES (INCLUDING BUT NOT LIMITED TO LEGAL FEES, EXPENSES AND SETTLEMENT PAYMENTS) ARISING FROM, CONNECTED WITH OR RELATING TO YOUR USE OR MISUSE OF THE WEBSITE OR YOUR NEGLIGENCE, MISCONDUCT, OR BREACH OF THESE TERMS OF USE.

Virus Protection

BFIN does not represent or warrant that the use of the Website, including the browsing and downloading of any Content, will be free of viruses or other destructive or disruptive components and disclaims any liability for loss or damage caused by any virus or other destructive or disruptive component downloaded from the Website. You are cautioned to install and use appropriate anti-virus or other protective software.

Intellectual Property; Prohibited Uses

“BFIN” is a trademark of BFIN Securities LP and used with permission by other BFIN entities.  All other product and service marks mentioned on the Website are the trademarks of their respective owners.  In addition, BFIN either owns the intellectual property rights in the Content or has obtained the permission of the owner of the intellectual property in such content to use the Content on the Website. Nothing contained on the Website should be construed as granting any license or right to the any of the Content without our written permission. Subject to your continued compliance with these Terms of Use, BFIN grants to you a non-exclusive, revocable, non-transferrable and non-sublicensable limited license to display the Content on your computer and print the Content on your printer solely for your own personal non-commercial use provided that you do not: (i) remove any proprietary notices, including trademark or copyright notices contained in the Website or Content; (ii) reproduce, modify, publish, distribute, transmit, disseminate, transfer, license, sell, lease, create derivative works based upon, or in any way commercially exploit the Website, (iii) disassemble, decompile or reverse engineer the Website or Content; (iv) attempt to hack, defeat, or overcome any encryption technology or security measure regarding the Website or our other systems or those of any Information Provider or third-party, or gain unauthorized access to any system or accounts; (v) violate any applicable local, state, national or international law; and (vi) use the Website in a way that is not for its intended purpose or that will adversely affect or reflect negatively on BFIN, or any of our goodwill, name or reputation. Information Providers have legal, intellectual property rights in relation to the information provided by them, including copyright and trademark rights. Information Providers may enforce those rights directly against you by legal proceedings or other appropriate means.

Privacy Policy and Confidentiality

BFIN collects certain limited information that can be used to identify a user personally which may include your name, address, phone number, and/or email address that voluntarily you provide to us (“Identifying Information”).  When you visit the Website, our servers may also automatically collect technical information that does not identify you personally (“Technical Information”). Technical Information may include information about your device, operating system, and IP address, as well as information about your usage of the Website such as page views, clicks, and information about any errors that occur.

The Website may use “cookies” to obtain certain types of data when your web browser accesses the Website. Cookies are alphanumeric identifiers that we transfer to your computer’s hard drive through your web browser to enable our system to recognize your browser, to provide various types of functionality, to better understand how you interact with the Website, to monitor aggregate usage, and to optimize web traffic routing on the Website. You can adjust your browser settings to prevent your browser from accepting new cookies, have the browser notify you when you receive a new cookie, or disable cookies altogether.

BFIN may use your Identifying Information to: (i) respond to your inquiries and communications; (ii) otherwise fulfill the purpose for which you provided the information; or (iii) comply with applicable policies, laws, rules, and regulations. We may use Technical Information, which does not identify you personally, in any way we deem appropriate.

BFIN does not sell your Identifying Information to third-parties or use your Identifying Information in violation of law. We may share Identifying Information: (i) with other BFIN entities in furtherance of BFIN products and services, (ii) with our third-party service providers who assist in our operations; (iii) in other circumstances with your consent; or (iv) to comply with applicable policies, laws, rules, and regulations. We may share Technical Information in any way we deem appropriate.

BFIN may retain your data so long as we can reasonably foresee the data may be required in connection with our relationship with you.  In some cases, we will retain the data for a longer period as necessary to comply with our legal obligations, follow records retention policies, resolve disputes, and enforce our agreements.

BFIN employs reasonable administrative, physical, and technological measures designed to protect your data from unauthorized access or alteration and loss or misuse. Absent the use of encryption, the Internet is not a secure medium and privacy cannot be ensured. Internet email is vulnerable to interception and forging. Any non-personal communication, comments, ideas or material you post or transmit to BFIN is, and will be treated as, non-confidential and non-proprietary. BFIN cannot ensure the privacy and authenticity of any information you send to BFIN or that BFIN sends to you over the Internet.  BFIN will not be responsible or liable for any Damages you may incur from your use or request for information over the Internet.

Termination

You acknowledge and agree that BFIN may in its sole discretion restrict, change, or terminate your access to, and use of, all or part of the Website at any time, for any reason, without notice to you and without liability. If your right to use the Website is terminated, these terms will nevertheless continue to apply and be binding upon you in respect of prior use of the Website by you.

Governing Law and Disputes

These Terms of Use are governed by and will be construed in accordance with the laws of the State of New York, without regard to the conflicts of laws provisions thereof, and the parties agree to the exclusive jurisdiction of the state and federal courts in New York County in resolving any disputes arising in connection with these Terms of Use or the Website or Content.

Other Matters

No consent or waiver by BFIN to or of any breach of these Terms of Use by you will be effective unless in writing and signed by BFIN or will be deemed or construed to be a consent to or waiver of a continuing breach or any other breach by you. Except as expressly set forth in these Terms of Use, BFIN’s rights and remedies under these Terms of Use are cumulative and not exhaustive or exclusive of any other rights or remedies to which BFIN may be lawfully entitled under these Terms of Use or at law, and BFIN will be entitled to pursue any and all of its rights and remedies concurrently, consecutively and alternatively. The provisions of these Terms of Use will inure to the benefit of and be binding upon you and BFIN and your respective successors and permitted assigns. If any provision of these Terms of Use is held by a court or arbitrator of competent jurisdiction to be invalid or unenforceable for any reason, then the provision will be deemed severed from these Terms of Use and the remaining provisions will continue in full force and effect without being impaired or invalidated in any way, unless as a result of the severance these Terms of Use would fail in its essential purpose. You will not assign, transfer, delegate, license, sub-license or grant these Terms of Use or your rights, duties and obligations under these Terms of Use without BFIN’s express prior written consent, which consent may be withheld in BFIN’s discretion. BFIN may, without your consent, assign these Terms of Use or any of BFIN’s rights, duties or obligations under these Terms of Use.  These Terms of Use set forth the entire agreement between you and BFIN regarding the subject matter of these Terms of Use and supersede all previous communications, representations, negotiations, discussions, agreements, or understandings, whether oral or written, with respect to the subject matter of these Terms of Use. There are no representations, warranties, terms, conditions, undertakings or collateral agreements, express, implied or statutory, between you and BFIN regarding the subject matter of these Terms of Use other than as expressly set forth in these Terms of Use.

Updated September 14, 2020