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.
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
Notice to Persons in the United Kingdom
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 publishes an investor brochure that includes information describing FINRA BrokerCheck which is available by contacting FINRA at the above telephone number.
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.
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
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.
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 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.
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
Updated September 14, 2020