Read This Terms of Service Agreement Before Accessing
on April1, 2006.
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.
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
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
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.
120 Beattie Street
Sterling, CO 80751
By Email: firstname.lastname@example.org
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
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.
shall not be superseded by, any other written agreement between
us in relation to your participation as a Member. Member agrees
to the use and disclosure of their personally identifiable