Terms of Use  Revision Date: March 2010

Please read our terms carefully before you become a subscriber to the J. Ganes Consulting, LLC subscription-based commodities market reports . J. Ganes Consulting, LLC (“J. Ganes Consulting”, “JGC”, “we” or “us”) provides its subscriptions with access to “Coffee Weekly”, Coffee In-depth Report”, “Softs Weekly” and “Softs In-depth Report” (our “Service”) on both an individual- and multi-user basis, subject to compliance with the terms and conditions herein.

1. Agreement

In consideration of J. Ganes Consulting, LLC providing you with our Service, you agree to pay the applicable subscription fee and to comply with these Terms of Use (TOU). If you do not agree to the terms and conditions contained in the TOU, you may not become a subscriber to the Service, and we do not consent to provide you with access to the Service.

2. Changes to the TOU

We reserve the right at any time to:

• Change the terms and conditions of the TOU
• Change the Service, including eliminating or discontinuing any content or feature of the Service
• Change the fees, charges or other conditions for use of the Service (with reasonable notice)

Any changes we make to the TOU will be effective (7) days after notice of any change is provided to you, which may be done by means including, without limitation, posting on our web site or via email.  Your use of the Service after such notice will be deemed acceptance of such changes. Our business changes constantly. The TOU, as well as our Privacy Policy may change as well. You should check our web site frequently to see recent changes.

3. Important Securities and Legal Disclaimer

Research material, whether provided by phone, fax, email, web site, webinars, presentations or other method of communication, includes opinions that are solely those of J. Ganes Consulting, LLC based on information and data that is believed to be reasonably accurate at the time of Service. Reliance on the information and opinions offered are at the sole risk of the client. Any recommendations reflected are those of J. Ganes Consulting, LLC and are based on circumstances it believes merits such recommendations. It is possible that others might disagree with the opinions of J. Ganes Consulting, LLC based on their current research analysis or the analysis of other commodity advisory services. Expressions of opinion are subject to change without notice and prospects might not be realized. Past performance is no guarantee of future results. It should be understood that futures and options trading involves risk and is not suitable for everyone.

4. Registration and Privacy

In order to gain access to the Service, you must become a subscriber to jganesconsulting.com by choosing a unique User ID and password, and supply us with true, accurate, current and complete information about yourself (including  your company information and the number of users that will have access to the Service), as required on the registration pages. If you are already a subscriber to our Service, you should use your current User ID and password for the Service. If the information you provide is untrue, inaccurate, incomplete or outdated, or we have reasonable grounds to suspect it is, we have the right to terminate your subscription, and prohibit your current and future use of our Service. Our policy with respect to the collection and use of your personal information is set forth in our Privacy Policy.

As a subscriber, you also have certain obligations relating to your account:

• You may not transfer or resell your use of access to the Service to any third party
• You are responsible for all activities that occur under your account
• You are responsible for maintaining the confidentiality of your User ID and password, and may not share it with others. If you have purchased a multi-user subscription with J. Ganes Consulting, you are also responsible for maintaining the confidentiality of User IDs and passwords for all authorized multi-users under this account.
• You may not share any web site content or any of our reports and/or publications with unauthorized users to your subscription. This includes, but is not limited to, forwarding documents to others by computer, fax, printing for distribution, screen capture of content, or any other method of distribution.
• You agree to notify us at customerservice@jganesconsulting.com if you become aware of any possible unauthorized use(s) of your account or any possible breach of security, including loss, theft, or unauthorized disclosure of your account User ID(s) and password(s).

5. IMPORTANT J. Ganes Consulting Document Protection Policy and Market Report Access Procedures        To protect the proprietary nature of the J. Ganes Consulting Commodities Market Reports, all Reports, which are delivered by email in .pdf format, require a unique User ID and password to open the document(s). If you subscribe to multiple market reports, the same User ID and password is used to access the documents. When you receive a "locked" document, you will need to enter your unique User ID and password combination to read the report. 

The document protection is based on the User ID and password AS WELL AS by computer. You will ONLY be able to open the document emailed to you on ONE computer. Once opened on a computer, the document will remain unlocked indefinitely on that computer. If you provide the User ID and password to another user or forward a document to another computer once opened, the document will automatically lock. Additionally, if you are traveling, we advise that you NOT open the document on a public computer in a hotel, internet café, or other such venue. If this occurs, once the document is opened, you will NOT be able to view the document on your own computer.  

All protected documents are delivered as read-only and will have the copy/paste feature disabled. The documents will also have an individual watermark for added security. The watermark will be marked with your User ID.

Reports can be printed. However, faxing, screen capturing of images, reproducing or sharing of reports in any manner with unauthorized users is NOT permissible under this TOU agreement. All emailed Reports will also be available under the password protected Report Center section of jganesconsulting.com.

NOTE: The .pdf will not open on a hand held device or mobile phone due to the javascript imbedded in the document.

6. Subscription Price Levels

Subscription price levels are determined by (i) whether the subscriber is an individual investor or a larger entity, and (ii) the number of users accessing the Service. It is important to accurately state your business type and the number of users who will be authorized to access your account in the registration pages. As stated under Section 4 of this TOU, you must supply us with true, accurate, current and complete information about yourself (including your company information and the number of users that will have access to the Service). We reserve the right to terminate your subscription, and prohibit current or future use of our Service, if we have reasonable grounds to suspect that the stated number of users in your Account Information profile is inaccurate or misleading. Furthermore, it is the responsibility of the account owner to notify J. Ganes Consulting at customerservice@jganesconsulting.com if the number of users authorized to access the Service has changed. Depending upon the change in user numbers, we reserve the right to adjust the subscription price level accordingly.

7. Subscription Cancellation

If you wish to cancel your subscription, please email customerservice@jganesconsulting.com and include your name, company name, email address associated with your account, name of the Service that you wish to cancel, and a telephone number where we can reach you to confirm. Please allow at least five business days for such cancellation to become effective.

PLEASE NOTE THAT IF YOU ARE MONTHLY PAYMENT SUBSCRIBER, you will not be entitled to any pro-rated refund, reimbursement, or any other credit for the month in which YOU’RE subscription is terminated.

IF YOU ARE AN ANNUAL PAYMENT SUBSCRIBER and you wish to cancel your subscription PRIOR to your annual subscription renewal date, you will not be entitled to any pro-rated refund, reimbursement, or any other credit for the remaining portion of your annual subscription period.

8. Subscription Renewal

Your subscription will continue for the monthly or annual period you selected during registration (the “Term”), and will renew automatically at the end of the term, unless you notify us of your decision not to renew your subscription by calling or emailing J. Ganes Consulting prior to the expiration of the Term. If you do not notify us, the then applicable monthly or annual fee for your subscription will be billed automatically to your currently selected method of payment (e.g. credit card, invoicing, etc.)

PLEASE NOTE THAT IF YOU ARE A MONTHLY SUBSCRIBER, YOU WILL NOT RECEIVE A REFUND OR REIMBURSEMENT OF YOUR SUBSCRIPTION AFTER YOUR SUBSCRIPTION HAS RENEWED.

IF YOU ARE AN ANNUAL SUBSCRIBER, YOU MAY RECEIVE A REFUND OF YOUR ANNUAL SUBSCRIPTION FEE ONLY IF YOU CANCEL WITHIN 30 DAYS OF THE DATE OF YOUR SUBSCRIPTION RENEWAL. AFTER THAT, ALTHOUGH YOUR SUBSCRIPTION MAY BE TERMINATED, IT CANNOT BE CANCELLED, AND YOU WILL NOT BE ENTITLED TO ANY REFUND, REIMBURSEMENT, OR OTHER CREDIT.

9. J. Ganes Consulting’s Proprietary Rights

The Service and the content available through the Service are the property of J. Ganes Consulting LLC or our strategic marketing partner(s). You may access and use the content, and print one copy of any content from the Service, solely for your personal, noncommercial use. You acknowledge that you do not acquire any ownership rights be using the service. You also acknowledge that you will not reprint, republish or distribute any content from jganesconsulting.com. 

10. User Conduct

You may not republish, upload, post, transmit or distribute content available through the Service to online bulletin boards, message boards, newsgroups, chat rooms, or in any other manner. Modification of the content or use of the content for any purpose other than your own personal, noncommercial use is a violation of our copyright and other property rights, and can subject you to legal liability.

In addition, in connection with your use of the Service, you agree not to:

• Restrict or inhibit any other visitor from using the Service, including, without limitation, by means of “hacking” or defacing any portion of the web site
• Use the Service for any unlawful purpose
• Express or imply that any statements you make are endorsed by us, without our prior written consent
• Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the  Service or our web site
• “Frame” or “mirror” any content available through the Service or our web site
• Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to download, retrieve, index, data mine, or in any way reproduce or circumvent the navigational structure or presentation of the content available through the Service or web site
• Harvest or collect information about users of the Service

You also agree to comply with all applicable laws, rules, regulations in connection with your use of the Service and content made available therein.

11. Disclaimer of Warranties

J Ganes Consulting, LLC and its strategic partners, affiliates and  suppliers do not warrant that your use of the Service will be uninterrupted, error-free, or secure, that defects will be corrected, or that the Service or the Server(s) on which the Service and web site is hosted are free of viruses or other harmful components. J. Ganes Consulting does not accept responsibility and will not be held liable for email delays or failures in email delivery caused by your internet service provider or the internet generally. J. Ganes Consulting assumes no responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. Under no circumstances shall J. Ganes Consulting be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including, without limitation, internet equipment failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of War, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties. You acknowledge that you are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access the Service, all and all charges related thereto. You assume total responsibility and risk for your use of the Service and your reliance thereon. No opinion, advice or statement of J. Ganes Consulting, LLC or its affiliates, suppliers, agents, clients or visitors, whether made on the site or otherwise, shall create any warranty. Your use of the web site and our Service, the content contained therein, and any materials provided through the web site, are entirely at your own risk.

A possibility exists that content available through the web site and/or our Service could include inaccuracies or errors. Additionally, a possibility exists that unauthorized alterations could be made to the content available through the Service by third parties. Although we attempt to ensure the integrity of the web site and our products and services, we make no guarantees as to the completeness or correctness of any content available through the Service. In the event that such a situation arises, please contact us at customerservice@jganesconsulting.com with, if possible, a description of the material to be checked and the location where such material can be found on our web site, if applicable, as well as information sufficient enough to contact you. We will try to address your concerns as soon as reasonably practicable.

12. Indemnification

You agree to indemnify, defend and hold J. Ganes Consulting, LLC and its employees, agents and representatives harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), or other expenses that arise directly or indirectly out of or from (a) violation of the TOU; (b) your use of the Service; or (c) your violation of the rights of any third party.

13. Termination

You understand and agree that J. Ganes Consulting, LLC may, under certain circumstances and without prior notice to you, terminate your access to and use of the Service.  Cause for such termination shall include, but not be limited to, (i) breaches or violations to the TOU or other agreements or guidelines, (ii) requests by law enforcement or other government or regulatory authorities, or (iii) technical difficulties.

14. Miscellaneous

Although this Service is designed for global access, we reserve the right to limit the availability of the Service to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion.

The TOU, together with all J. Ganes Consulting, LLC policies referred to herein, constitutes the entire agreement between you and J. Ganes Consulting, LLC related to your use of the Service and web site. J. Ganes Consulting, LLC may not assign this TOU agreement without your written consent. The TOU and the relationship between you and J. Ganes Consulting, LLC are governed by and construed in accordance with the laws of New York State (in the United States), without regards to its principles of conflict of laws. You and J. Ganes Consulting, LLC agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within New York County, New York, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. If any provision of the TOU is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the TOU and shall not affect the validity and enforceability of any remaining provisions. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach of default. Any heading, caption or section title contained in the TOU is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. We reserve the right to require you to sign a non-electronic version of the TOU.

 

Privacy Policy:   Revision Date: March 2010

J. Ganes Consulting, LLC shares your concern about the protection of your personal information online. This is our policy regarding the privacy of information we collect on our web site. We have recently revised our policy. Please take some time to review the new version below.

This Privacy Policy includes examples of the types of personal information we collect and the kinds of companies with whom we share such information. These examples are illustrative and should not be considered a complete inventory of our information collection, use and sharing practices. We will comply with applicable state laws that may restrict the types of information we may disclose about you or require us to provide you with additional notices.

I. Information Gathered and Tracked by J. Ganes Consulting, LLC 
J. Ganes Consulting, LLC gathers two types of data about users: (a) personal information, which individual users provide (i) when registering for a free trial to one of our services, (ii) when registering as a subscriber to one of our exclusive subscription or premium services, (iii) when purchasing a non-subscription-based product or service, and (iv) when voluntarily at certain other points, such as surveys; and (b) tracking information, which is automatically collected about all visitors to our site.

A. Personal Information:
J. Ganes Consulting collects personal information in several places on our web site, which is set forth generally below. We will always provide a secure area of our site for you to enter your information, but if you prefer, you may talk offline to a customer service representative and provide the required information over the telephone or via email.

• Subscription Services
  
  If you'd like access to one or more of our subscription-based services, you'll have to pick a unique User ID and Password. Also, on the subscription registration page for the service you are interested in, you'll need to supply us with the information specified to activate your free trial, paid subscription or direct purchase.

• Surveys
  
  At certain times, you may be asked to participate in surveys, which are generally aimed at obtaining general information, for example, your investment experience or your reactions to a particular publication or service.  Because information obtained in these surveys is connected with individual subscribers and is used internally to better market our services, participation is voluntary.

B. Tracking Information: 
Tracking data consists of both individual and aggregated tracking information and is automatically gathered using "cookies." A cookie is a small data file containing information, such as a user's login User ID, which is written to the user's hard drive by a web server and used to track the pages visited.

• Tracking by J. Ganes Consulting
  We use cookies in several ways to track user behavior. First, the information we gather on an individual basis is used for internal purposes only, such as accessing a client’s account information. We also use tracking information on an aggregate basis, to track the readership of content and usage of our services, to analyze traffic patterns on our sites, and to provide anonymous reporting of usage for internal and external clients. In all cases, cookies used by J. Ganes Consulting, LLC are encoded and contain a unique digital signature to prevent tampering. They do not contain user passwords.
  
  You can control your browser's settings regarding cookies by selecting "Internet Options" or "Preferences" in the menu bar of your browser. This will allow you to prevent your browser from accepting new cookies, have your browser notify you when you receive a new cookie, or disable cookies altogether. However, because cookies allow you to easily navigate our web site without having to constantly log in using your User ID and Password, we recommend that you leave them turned on.

• Google Analytics  and Webtrends
  J. Ganes Consulting uses online web analysis tool(s) to collect data related to which pages our customers are visiting and what, if any, pattern of page viewing exists. We utilize this tool to analyze such customer activity data solely to better serve the interests of our clients. Only non-personally identifiable information is collected for analysis, using anonymous cookies, and all such data belongs to J. Ganes Consulting, LLC.

C. Use of this Information:
J. Ganes Consulting, LLC uses personal information obtained from its users as stated in this Privacy Policy, and to enhance users' experiences on our site.

II. Disclosures Permitted by Law                                                                                                         

 J. Ganes Consulting does not sell or disclose personal information about you described above to other people or nonaffiliated companies, except to provide you with products or services, when we have your permission, or under the following circumstances:

• We provide the information on a confidential basis to nonaffiliated companies we engage as contractors or agents to perform services for us, such as maintaining software, sending direct mail or e-mail or administering surveys. Information will be shared with such contractors only to the extent reasonably necessary for them to perform services on our behalf, and pursuant to confidentiality obligations;
• In response to subpoenas, court orders, or legal process, from law enforcement agencies or state and federal regulators;
• If we sell or otherwise transfer substantially all of our assets related to any web site that we own or operate and any product or service that we offer. In that event, we will require such third party to honor our current Privacy Policy, until the third party provides you with notice of changes to our Privacy Policy and permits you to exercise any rights you may have under applicable law to limit disclosures of information about you.

A. Disclosures for Joint Marketing and Servicing
J. Ganes Consulting may disclose all the information we collect as described above to other companies such as strategic service providers and marketing alliances with which we have joint marketing agreements.

B. Other Uses

• Subscription or Special Report Services
  If you're a subscriber, we use your email address, postal address or fax number, as applicable, to deliver our products and services to you. You can view your account information at any time by visiting the Account Information page or by contacting our customer service department by email at customerservice@jganesconsulting.com or by telephone at 914-232-1362 between the hours of 8:00 a.m. and 5:00 p.m. Eastern Time.

• Special Offers and Advertisements
  we may from time to time send you special offers and advertisements for products or services offered by third parties. We will not disclose any of your personal information to such third parties when we do this. If you do not wish to receive third party offers and advertisements, please change your settings on our Communication Preferences page, or contact our customer service department by email at customerservice@jganesconsulting.com or by telephone at 914-232-1362 between the hours of 8:00 a.m. and 5:00 p.m. Eastern Time.

III. Correcting and Updating Information
J. Ganes Consulting offers its clients the ability to correct or update online the information we collected during registration by visiting the Account Information page. You may also contact our customer service department by email at                                                                customerservice@jganesconsulting.com or by telephone at 914-232-1362 between the hours of 8:00 a.m. and 5:00 p.m. Eastern Time.

IV. Security 
J. Ganes Consulting, LLC limits access to personal information about you to those employees whom we determine need access to that information to provide products or services to you. We maintain physical, electronic and procedural safeguards that comply with federal standards to guard your personal information. However, no security system is impenetrable. We cannot guarantee the security of our servers, nor can we guarantee that information that users supply will not be intercepted while being transmitted to us over the Internet.

V. Former Clients
  J. Ganes Consulting, LLC discloses personal information about former customers only in accordance with this Privacy Policy.

VI. Your Independent Relationship with Other Companies
Please note that this Privacy Policy will not apply to your independent relationships with other companies that from time to time may offer you products and services on our site. Those companies' privacy policies will govern how they collect, use and disclose personal information that you provide to them.

Questions or comments regarding this policy should be directed to customerservice@jganesconsulting.com. J. Ganes Consulting, LLC reserves the right to modify this policy.