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Read This Terms of Service Agreement Before Accessing Website.

Effective Date: This Terms of Use Agreement was last updated on April1, 2006.

This Terms of Use Agreement sets forth the standards of use of the services provided by Commodity Update. By using the Commodity Update service and/or the www.commodityupdate.com website you (the “Member”) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website.

We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at the www.commodityupdate.com website. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

1. Description of Service

Commodity Update is providing Member with subscription services related, but not limited to commodity market information. Member is responsible for all necessary equipment and third party services and fees that may be necessary depending on the Member’s cellular or other phone service.

2. Disclaimer of Warranties.

The site, and the services rendered in association with it, is provided by Commodity Update on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, Commodity Update makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. Commodity Update shall have no liability for any interruptions in the use of this service or Website. Commodity Update disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement.

COMMODITY UPDATE MAKES NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICE PROVIDED THROUGH THIS WEBSITE, AND DISCLAIMS ALL WARRANTIES REGARDING THIS SERVICE. THE QUALITY, INCLUDING THE SPEED, OF THE SERVICE PROVIDED THROUGH THIS WEBSITE WILL VARY DUE TO THE PERFORMANCE OF CERTAIN SYSTEMS THAT AFFECT THE INTERNET AND THIRD PARTY WIRELESS NETWORKS. COMMODITY UPDATE IS NOT RESPONSIBLE FOR ANY ACTS THAT ARE BEYOND IT'S CONTROL, INCLUDING WITHOUT LIMITATION, THE ACTS OF THIRD PARTIES. IN THE EVENT YOU HAVE AN URGENT OR EMERGENCY MESSAGE THAT YOU ARE TRYING TO SEND, COMMODITY UPDATE STRONGLY RECOMMENDS THAT YOU ALSO SEND THE MESSAGE THROUGH ANOTHER SOURCE.

Commodity Update makes no guarantees regarding the timeliness of the delivery of market information. Depending on the availability of information and the exchange source of said information, receipt may be delayed at least ten minutes and perhaps more.

3. Limitation of Liability

COMMODITY UPDATE SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR COMMODITY UPDATE SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE, THE SERVICES PROVIDE IN ASSOCIATION WITH IT, OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF COMMODITY UPDATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

4. Indemnification

Member agrees to indemnify and hold Commodity Update, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member’s computer, of any intellectual property or any other right of any person or entity.

5. Modifications and Interruption to Service

Commodity Update reserves the right to modify or discontinue the Service with or without notice to the Member. Commodity Update shall not be liable to Member or any third party should Commodity Update exercise its right to modify or discontinue the Service. Member acknowledges and accepts that Commodity Update does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

6. Third-Party Sites

Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Members to review said privacy policies of third-parties’ sites.

7. Usage of Cookies

A cookie is a text file that is placed on your hard disk by a Web page server. One of the primary purposes of cookies is to provide you a convenience feature that will save you time. For example, if you register with Commodity Update, a cookie could be used to help the site recall your specific information and/or preferences on subsequent visits. Then, when you access the site in the future, the information previously provided can be retrieved, so you can easily use Commodity Update features you customized on your previous visit. While Commodity Update’s service requires use of cookies, you always have the option to disable cookies.

8. Disclaimer Regarding Accuracy of Vendor Information

Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While Commodity Update makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website.

Commodity Update makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.

9. Governing Jurisdiction of the Courts Colorado

Our website and related services offerings are operated in the State of Colorado. As such, we are subject to the laws of the State Colorado, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State of Colorado.

10. Compliance with Laws.

Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

11. Copyright and Trademark Information

All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2006 Commodity Update, with all rights reserved, or is the property of Commodity Update and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Commodity Update is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Commodity Update.

Commodity Update™ and CommodityUpcate.com™ are proprietary marks of Commodity Update. Commodity Update’s trademarks and or service marks may not be used in connection with any product or service that is not provided by Commodity Update, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Commodity Update.

12. Notification of Claimed Copyright Infringement

Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Commodity Update designates the following individual as its agent for receipt of notifications of claimed copyright infringement.

By Mail
Commodity Update
120 Beattie Street
Sterling, CO 80751
By Email: mobileinfo@farmjournal.com

13. Botnets

Commodity Update retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, Commodity Update reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.

14. Other Terms

If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by Commodity Update, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Member agrees that by accepting this Terms of Use Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.

 
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