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EthanolMarket.com Legal Disclaimer
1. Welcome to the web site of EthanolMarket.com. This web site provides information about the ethanol market, related industries and the services it provides. This web site also provides, directly or through links, purchasing, informational and other services to other businesses and internet sites. Because this web site provides general information and Member specific information and services, this web site contains pages that are accessible by the general public and pages that are only accessible by "Members".
2. Our Rules. For EthanolMarket.com's web site to function at its best, there are certain terms and conditions that govern the site. By clicking on the "I ACCEPT" button at the bottom of this page, you agree to be bound by the terms and conditions outlined below. This site contains links to several other sites that provide information and/or services. Those sites have their own rules and terms and conditions to which you should refer before using such sites. Also, because of the transactional nature of the site, EthanolMarket.com's site will be providing other products that will contain certain additional terms for you to review and accept.
3. Updates and Amendments. We may update and amend these Terms and Conditions from time to time by posting the modified version of the Terms and Conditions on this site. The modified version of these Terms and Conditions will automatically become effective with respect to you 5 days after they are first posted on the site. If you would like to receive an e-mail notice that the Terms and Conditions have been updated or amended, please click the appropriate box at the bottom of this page. Your continued use of this site 5 days after the updated and/or amended Terms and Conditions have been posted or at any time after you have received e-mail notice of the updating or amending of the Terms and Conditions means you agree to be legally bound by the Terms and Conditions as modified. These Terms and Conditions were last modified as ofApril 10, 2004.
4. Eligibility. This web site contains pages that are accessible by the general public and pages that are only accessible by Members. With respect to the Member-only pages, we have imposed the following procedures: (1) you must be a "Member" to access the "Member" and "EthanolMarket.com Subscriber" web pages; and (2) as a Member you must use your Member/Vendor ID number[s][?] to secure a password and user name for the "Member" and "EthanolMarket.com Subscriber" web pages. These procedures will help protect against unauthorized access by others of Members-only pages. If you are not a Member, you are not authorized to the Member-only pages of this site.
5. Privacy. EthanolMarket.com's Privacy Policy is set forth in full at www.EthanolMarket.com under the Privacy Policy link and is incorporated into and made a part of these Terms and Conditions.
6. Information; Site Availability. EthanolMarket.com takes reasonable steps to confirm the accuracy of the information on this site, however, certain of the content on this site is provided by third parties and/or members. We therefore make no warranty or representation with respect to the accuracy, completeness or timeliness of information on the site.
EthanolMarket.com may change, suspend or eliminate all or any aspect of this site at any time, including the availability of any service, feature or data, without notice or liability to you.
7. System Integrity. You agree to not use any software, scheme or device to interfere or attempt to interfere with the proper working of EthanolMarket.com's site. If you are a member, you agree to not disclose or share your password or user name with any third parties or use your password or user name for any unauthorized purpose.
8. Copyright and Use of Materials. The information and materials on this web site are protected under United States copyright laws and world wide copyright laws and treaty provisions and are owned by EthanolMarket.com or other third parties. You may download a copy of any of the materials on this site for use by you in your own business, provided you do not delete or change any copyright or trademark notice. You must obtain the permission of EthanolMarket.com, and in some cases other third parties, to make any other use of the materials. You may not distribute, transmit, reuse, report or use the content of this site for public or other commercial purposes. In no case may you create any kind of hyperlink to or framing of this site without the prior written consent of EthanolMarket.com.
9. Trademarks. "________________"® and ""_______"® are service marks of the ____________and are protected under state and federal law.
10. NO WARRANTY. YOU AGREE THAT YOU USE THIS WEB SITE AT YOUR OWN RISK. WE HAVE TAKEN COMMERCIALLY REASONABLE STEPS TO PROVIDE A SECURE AND EFFECTIVE WEB SITE, HOWEVER, WE ARE SOMETIMES AT THE MERCY OF THIRD PARTIES, ACTS OF NATURE AND/OR CONTINUOUSLY EVOLVING TECHNOLOGY. THEREFORE, WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO OUR SITE. FURTHER, WE PROVIDE THIS WEB SITE AND OUR SERVICES HEREUNDER "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED, UNLESS OTHERWISE NOTED. UNLESS OTHERWISE NOTED, WE SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THIS SITE AND ANY GOODS OR SERVICES OFFERED OR SOLD THROUGH THIS SITE. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
11. LIMIT OF LIABILITY. YOU AGREE THAT IN NO EVENT WILL WE (OR ANY OF OUR MEMBERS, OFFICERS, DIRECTORS OR EMPLOYEES) BE LIABLE FOR LOST PROFITS OR ANY ACTUAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THIS WEB SITE OR THE PURCHASE OF GOODS OR SERVICES THROUGH THIS WEB SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY THAT SUCH DAMAGE WILL OCCUR. FURTHER YOU AGREE THAT NEITHER WE NOR ANY OF OUR MEMBERS, OFFICERS, DIRECTORS OR EMPLOYEES WILL BE LIABLE FOR ANY TECHNICAL, HARDWARE OR SOFTWARE FAILURE OF ANY KIND, ANY INTERRUPTION IN THE AVAILABILITY OF OUR SITE, ANY DELAY IN OPERATION OR TRANSMISSION, ANY INCOMPLETE OR GARBLED TRANSMISSION, COMPUTERVIRUS, LOSS OF DATA, OR OTHER SIMILAR LOSS.
If you are a California resident, you waive California Civil Code § 1592, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
12. Compliance with Laws. You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of this site and any purchase of goods and/or services through this site.
13. Notices. If you want to send us a notice in relation to these Terms and Conditions, you must send it by e-mail to the following address: info@ethanolmarket.com. We may notify you by sending notice to your e-mail address or by mailing you notice by U.S. mail return receipt requested to our most current mailing address that we have for you. You agree that any notices sent by e-mail will be deemed delivered and received 48 hours after being sent. You agree that any notices sent by U.S. mail as provided in this paragraph will be deemed delivered and received three days after the date of mailing.
14. Governing Law. You agree that these Terms and Conditions are governed by the laws of the Commonwealth of Kentucky, excluding any application of conflicts of laws rules or principles. You agree that the sole jurisdiction and venue for any litigation arising from your use of, or purchase of products or services through, our site shall be an appropriate federal or state court located in Louisville, Kentucky.
15. Offensive, Libelous or Unlawful Messages; Copyright and Other Restrictions on Use of Service.
(a) No Offensive Content. You agree that you will not use, or allow others to use your [account], to post, transmit, promote, or facilitate the distribution of any threatening, abusive, libelous, defamatory, obscene, pornographic, profane or otherwise objectionable information of any kind.
(b) No Illegal Material or Encouragement of Illegal Behavior. You agree that you will not use, or allow others to use, your [account] to post, transmit, promote, or facilitate the distribution of any unlawful or illegal material, including but not limited to material that would constitute or encourage a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law. You agree that you will not use this site to commit a crime, or to plan, encourage or help others to commit a crime.
(c) No Violation of Copyright, Trademark or Trade Secret Rights. You agree that you will not use the site to publish, post, distribute or disseminate another's proprietary information, including but not limited to trademarks, trade secrets or copyrighted information, without the express authorization of the rights holder.
(d) No "Spamming," Advertisements or Chain Letters. You agree that you will not use, or allow others to use your [account] or use the information available through this site, to post, transmit, promote, or facilitate the distribution of any unsolicited advertising (including but not limited to mass or bulk e-mail), promotional materials or other forms of solicitation to other individuals or entities. You will not post or transmit requests for money to persons not personally known to you, petitions for signature, chain letters or letters relating to pyramid schemes. Except as specifically permitted by this site, you will not post or transmit any advertising, promotional materials or any other form of solicitation. We reserve the right, in our sole discretion, to determine whether such post or transmission constitutes an advertisement, promotional material or any other form of solicitation.
(e) No "Hacking." You agree that you will not use, or allow others to use your [account], to unlawfully access other computers or services, or to cause a disruption of service to other on-line users.
(f) No Impersonation of Others. You agree that you will not impersonate another user or otherwise falsify one's user name in e-mail or in any post or transmission to any newsgroup or mailing list or other similar groups or lists.
(g) No "Viruses." You agree that you will not use, nor allow others to use, your account to intentionally transmit "computerviruses," or other harmful software programs and that you will use your best efforts to prevent the unintentional transmission of such viruses or other harmful software programs.
(h) EthanolMarket.com's Right to Remove. EthanolMarket.com reserves the right not to post any data or materials to, or to remove any data or materials from, its site, without notice to a user and without liability to EthanolMarket.com. You agree to release the EthanolMarket.com from any claims or allegations that may result from such removal. Further, you agree to release EthanolMarekt.com from any liability or cost arising out of any action or inaction of any other user of the site that is in violation of law or of this or other agreements with EthanolMarket.com. If you are a California resident, you waive California Civil Code § 1592, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
