Subscription Terms of Agreement
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 “Softs Fast Facts”, “Coffee Weekly”, Coffee In-Depth Report”, “Softs Weekly” and “Softs In-Depth Report” (our “Service(s)”) 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 TOUChange the Service, including eliminating or discontinuing ay content or feature of the ServiceChange the fees, terms or other conditions for use of the Service with reasonable notice and written consent of.3. Important Securities and Legal Disclaimer
Research material, whether provided by phone, fax, email 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 involve risk and is not suitable for everyone.
4. Registration and Privacy
As a subscriber, you also have certain obligations relating to your account:
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(s), 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 your 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 partners(s). You may access and use the content, and print one copy of any content from the Service, solely for your business and internal purposes. 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 business and internal use are 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 mans of “hacking” or defacing any portion of the web siteUse the Service for any unlawful purposeExpress or imply that any statements you make are endorsed by us, without our prior written consentModify, 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 siteUse 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 ServiceYou 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, mis-delivery, 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 Services, 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(s); 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(s). 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.
Revision Date: May 2020
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.
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.
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.
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 or paid subscription.
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.
Tracking by J. Ganes Consulting
Subscription or Special Report ServicesIf 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 firstname.lastname@example.org or by telephone at 914-301-4622 between the hours of 8:00 a.m. and 5:00 p.m. Eastern Standard TimeCorrecting 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 email@example.com or by telephone at 914-301-4622 between the hours of 8:00 a.m. and 5:00 p.m. Eastern Standard Time
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.
The TOU, together with all J. Ganes Consulting, LLC policies referred to herein, and the Information Provider Representation Letter, 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.