Selective Hedge End User License Agreement
Before you may use this website you must agree, on behalf of yourself individually ("Subscriber" if your business is a sole proprietorship) or your company ("Subscriber" if your business is a corporation, limited liability company or partnership), to be bound by the Terms and Conditions of this End User License Agreement ("License Agreement"). After you have reviewed the terms and conditions of the License Agreement, please indicate your acceptance by checking the "I agree" box with your web browser. By checking the "I agree box" and using this website, you are confirming that the information about yourself (or your company) is complete and accurate and that you have agreed to be bound by the terms and conditions of this License Agreement.
Disclaimer of Warranties: SUBSCRIBER AGREES THAT NEITHER FCSTONE, LLC OR ITS AFFILIATES ("FCStone"), THE ORGANIZATION SPONSORING AND INTRODUCING THE SELECTIVE HEDGE WEBSITE TO THE SUBSCRIBER ("Vendor") NOR THE CHICAGO MERCANTILE EXCHANGE ("Exchange") (COLLECTIVELY THE "Parties") MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE MARKET DATA, OR THE TRANSMISSION, TIMELINESS, ACCURACY OR COMPLETENESS THEREOF, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OR ANY WARRANTIES OF MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM ANY COURSE OF DEALING OR USAGE OF TRADE. SUBSCRIBER FURTHER AGREES THAT UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE PARTIES BE LIABLE TO SUBSCRIBER FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, OR THE RESULTS OF THE USE OF THIS WEBSITE OR THE MATERIALS OR INFORMATION CONTAINED AT THIS WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT OR TORT. IN NO EVENT SHALL THE PARTIES' TOTAL LIABILITY TO SUBSCRIBER FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY SUBSCRIBER, IF ANY, FOR ACCESSING THIS WEBSITE OR THE MATERIALS. THE PARTIES ALSO ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, SUBSCRIBER'S COMPUTER EQUIPMENT OR OTHER PROPERTY AS A RESULT OF SUBSCRIBER'S ACCESS TO, USE OF, OR BROWSING IN THE WEBSITE OR SUBSCRIBER'S DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THIS WEBSITE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO ALL OF THESE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY.
Indemnification: Subscriber will indemnify and hold FCStone, Vendor and the Exchange, and their respective affiliates, members, directors, officers, employees and agents harmless from and against all claims arising out of or in connection with this License Agreement, including, without limitation, any liability, loss or damages caused by any inaccuracy in or omission from, Subscriber's failure to furnish or keep, or Subscriber's delay in furnishing or keeping, any report or record required to be kept by Subscriber hereunder.
Inherent Risks: The risk of loss in trading commodities and or buying and selling of options contracts can be substantial and past performance is not necessarily indicative of future results. Therefore, all Subscribers should carefully consider whether such trading is suitable for Subscriber in light of Subscriber's financial condition. Any examples provided by FCStone are strictly hypothetical and no representation is being made that any person will or is likely to achieve profits or losses similar to those examples. Neither the information, nor any opinion expressed by FCStone shall be construed as an offer to buy or sell any futures or options on futures contracts.
Professional Advice: The information presented by FCStone, its directors, employees, contractors, and consultants on the Selectivehedge.com website, in seminars, literature, or verbal opinions or through any other medium is provided to assist the Subscriber in general commodities marketing planning and for informational purposes. The materials are not a substitute for obtaining professional advice from a qualified person, firm, or corporation. Inexperienced Subscribers should consult with an appropriate professional commodities marketing advisor or broker for more complete information prior to executing any marketing plans, commodities trades or the purchase or sale of any options contracts. FCStone is not engaged in rendering any financial, investment, legal, taxation, or other professional service or advice by furnishing these planning materials and general information.
Privacy Policy: FCStone is committed to safeguarding Subscriber's privacy. Through voluntary responses we collect personal information from clients and visitors. This information is collected only when voluntarily provided. This personal data is collected for our internal use. The Subscribers personal data will not be shared with or sold to any third parties. If you have any questions regarding our Privacy Policy, please contact us by sending an email to: emagri@adams.net .
Website and Software Usege: The Selectivehedge.com website (the "Website") is operated by FCStone, no materials from this Website or any Website owned, operated, licensed or controlled by FCStone or its affiliates may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Subscriber may download material displayed on this Website for personal non-commercial reference only provided Subscriber also retains all copyright and other proprietary notices contained on the materials. Subscriber may not distribute, modify, transmit, reuse, repost, or use the content of this Website for public or commercial purposes, including the software, text, images, audio, and video without FCStone prior written permission. FCStone neither warrants nor represents that Subscriber's use of materials displayed on this Website will not infringe rights of third parties not owned by or affiliated with FCStone. Any browser based software that is made available to download from the Selective Hedge Website is the copyrighted work of FCStone and its affiliates. Use of the software provided through our online portal is governed by the terms of this License Agreement. The Subscriber may not download or install any other FCStone browser based software unless he/she has read and agreed that the terms of this License Agreement shall apply to such other FCStone browser based software. ANY MODIFICATION, REPRODUCTION OR REDISTRIBUTION OF ANY FCSTONE BROWSER BASED SOFTWARE IS PROHIBITED EXCEPT AS EXPRESSLY PERMITTED HEREIN. ANY PLUGIN OR ADD ON TOOL SPECIFICALLY DEVELOPED FOR USE WITH THE WEBSITE IN VIOLATION OF THIS PROVISION SHALL AUTOMATICALLY BECOMETHE INTELLECTUAL PROPERTY OF FCSTONE.
Jurisdictional Issues:FCStone administers this Website from its offices in Illinois. Unless otherwise expressly set forth herein, FCStone makes no representation that materials on this Website are appropriate or available for use in any location, including, without limitation, for use outside the United States, and access to the materials on this Website from territories where their contents are illegal is prohibited. Subscriber may not use or export or re-export the materials on this Website or any copy or adaptation in violation of any applicable laws or regulations, including, without limitation, U.S. export laws and regulations. Those who choose to access this Website do so on their own initiative and are responsible for compliance with local laws. These Terms and Conditions will be governed by and construed in accordance with the laws of the State of Illinois, without giving effect to any principles of conflicts of laws. The information and material contained on this Website is not an offer to sell or a solicitation to buy any security or any insurance product in any jurisdiction. No security or other insurance product is offered or will be sold in any jurisdiction in which such offer or solicitation, purchase or sale would be unlawful under the securities, insurance or other laws of such jurisdiction.
Subscribers Warranties: The Subscriber warrants the following statements are true and accurate:
* The person checking the "I agree box" is 18 years or older and has the legal capacity to enter this License Agreement on behalf of the Subscriber.
* The person checking the "I agree box" has the legal authority to enter into binding contracts on behalf of my company (if Subscriber is a company).
* The person checking the "I agree box" has read and understood all of the terms and conditions of this License Agreement and agrees to be legally bound by them.
Fees: By checking the "I agree box," the Subscriber represents that he/she is current in his/her payment of all license fees owed to FCStone or Vendor. Should Subscriber fail to remain current in payment of license fees owed to FCStone or Vendor or in any other way materially breach this License Agreement, FCStone may, in its sole discretion, restrict or prohibit access by Subscriber to the Selectivehedge.com website. Subscriber further agrees that all license fees shall be paid within fifteen days of invoice and that any fees owed FCStone or Vendor which are not paid within 30 days from the date of invoice shall be deemed delinquent. Subscriber agrees to pay delinquency fees at a rate of 1 ½% per month on any unpaid balance, and such delinquency fees shall be added to the unpaid balance each month until paid in full.
Trademarks And Copyrights: All trademarks, service marks, trade names, logos, and icons are licensed or proprietary to FCStone. Nothing contained on the 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 FCStone or such third party that may own the trademarks displayed on this Website. Subscriber's use of the trademarks displayed on this Website, or any other content on this Website, except as provided herein, is strictly prohibited. Other parties' trademarks or service marks that may be referred to on the website are the property of their respective owners.
Images displayed on this Website are either the property of, or used with permission of FCStone. The use of these images by Subscriber, or anyone else authorized by Subscriber, is prohibited unless expressly permitted herein. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, as well as applicable communications regulations and statutes.
The materials on this Website are copyrighted and any unauthorized use of any materials on this Website may violate copyright, trademark, and other laws. If the Subscriber breaches any of these Terms and Conditions, Subscriber's authorization to use this Website shall automatically terminate and subscriber must immediately remove any downloaded materials from its computer and destroy any copyrighted printed materials received from FCStone.
Export of Software
Subscriber acknowledges that any browser based software available or provided to you on this Website may contain technology that is subject to strict controls by various agencies of the United States Government pursuant to United States export control laws and regulations. Subscriber hereby agree that he/she will not transfer or export such software from the United States (including, for example, providing such software to any foreign person or entity in the United States) or re-export such software outside the United States in violation of United States export laws and regulations. FCStone does not authorize the downloading or exportation of any software or technical data from this Website to any jurisdiction prohibited by the United States export controls laws and regulations.
Cookie Policy
A cookie is a data file that most Web sites write to your computer's hard drive when you visit. A cookie file can contain information, such as a user identification code, that the site uses to track the pages you have visited. Selectivehedge.com uses cookies solely to track user traffic patterns throughout its Website and to allow you access to "member only" sections of the site. FCStone does not correlate this information with personal data of any user. If you disable the receipt of cookies from our Website, you may not be able to use certain features of the site. Our web servers automatically collect information about a site user's IP address, browser type, and referrer. This information is collected in a database and used-in an aggregated, anonymous manner-in our internal analysis of traffic patterns within our Web site. Such information is automatically logged by most Web sites.