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.
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)
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
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 firstname.lastname@example.org 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.
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 email@example.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 firstname.lastname@example.org 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 email@example.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.
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.
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.
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.