MARKET DATA, INC. - MDI - SERVICE CONTRACT AGREEMENT

Terms and Conditions

ACCEPTANCE OF CONTRACT TERMS

The following MDI Service Contract (Contract) is a legal agreement between you (USER) and Market Data, Inc. (MDI). BY ACCESSING, BROWSING AND/OR USING THE MARKETDATAINC.COM WEBSITE (SITE), YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS, INCLUDING U.S. EXPORT AND RE-EXPORT CONTROL LAWS AND REGULATIONS. If you do not agree to these terms, do not use this Site. This Site is controlled and operated by MDI from its office within the United States. MDI makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. Any claim relating to, and the use of, this Site and the materials contained herein are governed by the laws of the State of Kansas. MDI may terminate this Site at any time.

1. Market Data, Inc. (MDI) will provide the USER the "MDI Marketing Information Services" for the commodities selected in the service registration for the time period selected. Any additional reports or information requested by USER will be billed at the rates shown in the service selection menu.

2. NO WARRANTIES OF PERFORMANCE. USER understands and agrees that the information provided is developed by MDI based on information available to MDI and by application of MDI's proprietary formulas and procedures. The results obtained by USER will depend on the use USER makes of the service and on market variables, all of which are beyond the control of MDI. MDI THEREFORE MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, REGARDING THE PERFORMANCE OF THE SERVICE OR THE RESULTS THAT MAY BE OBTAINED BY USING THE INFORMATION PROVIDED. ACCORDINGLY, THE SERVICE AND INFORMATION FURNISHED ARE PROVIDED "AS IS" WITHOUT WARRANTY AS TO PERFORMANCE, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. The entire risk as to the results and performance of the Service is assumed by USER. USER assumes the entire risk of loss from the use of the information provided.

This is a commercial transaction, and any and all direct, incidental, or consequential damages, including but not limited to loss of anticipated profits or other benefits, caused by malfunction, defect or otherwise are not the responsibility of MDI or of any person or entity who has been involved in the design, production or delivery of the Service. To the extent permitted by law, liability is disclaimed for any and all economic, property and personal injury damage.

3. PAYMENT TO BE MADE. Payment for the services purchased above will be made in advance. No service will be provided until full payment has been made. Annual Renewal of the Service will be automatic unless notified in writing by the USER. Renewal Notices will be sent 30 days in advance of the renewal date. Additional services requested will be billed monthly. Service will be canceled if payment is not received within 10 days of the date due.

4. CANCELED SERVICE. The USER may cancel service by written notice to MDI. The MDI Service will be canceled at the end of the month the written notice is received. A six (6) month waiting period may be required before reconnecting the Service after cancellation by USER.

MDI reserves the right to cancel any service with 30 days prior written notice to the USER, except as provided above for nonpayment. If the Service is canceled by MDI, a pro-rated refund of the service fee will made to the USER, except as otherwise provided in this agreement.

5. INFORMATION CONTAINED IN REVIEWS. The information contained in the MDI reviews and on the website has been taken from trade and statistical sources which MDI believes are reliable. MDI does not guarantee that such information is accurate or complete and it should not be relied upon as such. Any opinions expressed reflect judgments at the date the report(s) are prepared and are subject to change at any time. The principals of MDI and others associated or affiliated with them exercise independent judgment in marketing, and USERs are expected to exercise their own judgment and prudence as well. USERs are reminded of the inherent risks associated with trading futures contracts, grain contracts, livestock contracts, or other marketing methods.

6. HYPOTHETICAL PERFORMANCE RESULTS. Hypothetical performance results have many inherent limitations, some of which are described below. No representation is being made that any USER's marketing plan will or is likely to achieve profits or losses similar to those shown on the MDI reviews. There are frequently significant differences between hypothetical performance results and the actual results subsequently achieved by any particular marketing program. One of the limitations of hypothetical performance results is that they are generally prepared with the benefit of hindsight. In addition, hypothetical marketing does not involve financial risk, and no hypothetical marketing record can completely account for the impact of financial risk in an actual marketing situation. For example, the ability to withstand losses or to adhere to a particular marketing program in spite of losses are material points which can also adversely affect actual marketing results. There are numerous other factors related to the markets in general or the implementation of any specific marketing program which cannot be fully accounted for in the preparation of hypothetical performance results and all of which can adversely affect actual marketing results.

7. COPYRIGHT. The MDI manual and reviews provided with the MDI "Marketing Information Service" are copyrighted and all rights are reserved. The MDI manual and the reviews provided may not, in whole or part, be copied, photocopied, reproduced, translated, or reduced to any electronic medium or machine readable form without prior consent, in writing, from Market Data, Inc., and shall be returned to MDI upon any cancellation of the service.

8. ENTIRE AGREEMENT; CHANGE IN TERMS BY NOTICE. The contract information set forth in Paragraphs 1 through 7 above is the complete and exclusive statement of the agreement between MDI and USER and supersedes any proposal or prior agreement, oral or written, between MDI and USER. MDI reserves the right to amend the terms and conditions of this contract by thirty (30) days written notice to USER, specifying the change or changes in terms and the effective date thereof. USER shall have ten (10) days following receipt of notice to object in writing to the change in terms, and upon receipt of any objection MDI will cancel USER's service and USER shall not be entitled to any refund of any part of the service fee. USER's continued use and acceptance of the service following the effective date of any change in terms shall constitute USER's agreement to the changed contract provisions.

9. GOVERNING LAW. This contract shall be governed by and construed according to the laws of the State of Kansas, and, if applicable, the laws of the United States of America. Venue of any action regarding this agreement and the services provided shall be the District Court of Decatur County, Kansas.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL MDI BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF MDI OR A MDI AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless MDI, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of your use of this Site.

TERM OF USE REVISIONS

MDI may at any time revise the terms of this Agreement by updating this posting. By using this Site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current terms to which you are bound.