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.
10. In cases where you have allowed any other individual to access this Site through
your password or have negligently made your password publicly available, you recognize
that you are fully responsible for: (a) the online conduct of such users; (b)
controlling the users' access to and use of this Site; and (c) the consequences
of any misuse.
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.
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.