Terms Of Use

Terms of Use & Privacy Policy

Last Updated: August 24, 2017

These Terms of Use and Privacy Policy (these “Terms”) apply to your access to and use of graingp.com (the “Site”), which is owned and operated by Grain Management, LLC (referred to in these Terms as “Grain,” “we”, “us” or “our”).  These Terms are a binding agreement between you and Grain, so please read these Terms carefully.  By accessing this Site, you are agreeing to these Terms and any other notices we post on the Site, as may be updated from time to time.  In the event of an inconsistency between these Terms and any additional posted notices, the provisions of the additional posted notices conditions shall control.  We may modify the Terms at any time without notice to you by posting the changes to our Site.  By accessing the Site after the date of such changes, you are acknowledging that you understand and agree to the changes.  If you do not agree to these Terms, you may not access or use the Site.  

INFORMATIONAL PURPOSES ONLY; DISCLAIMERSThe information and content available on the Site are provided for informational purposes only.  The Site is not intended to be (and should not be used as) a recommendation, solicitation or offer to sell or a recommendation, solicitation or offer to subscribe or buy to any advisory services, investment management services or financial instruments.  This Site is not intended to provide (and should not be used as) legal, tax or investment advice.  It is the Site visitor’s responsibility to evaluate the completeness, accuracy and usefulness of any information or content available on the Site and any investment decisions based on such information or content are the sole responsibility of the visitor.  We make no representation or warranty that any products, services, securities or financial instruments described on the Site are appropriate or suitable for all investors.  Past performance should not be taken as a guarantee or indication of future performance and we do not make any representation regarding future performance.  We reserve the right to modify, change or delete any information or content available on the Site or any products or services described on the Site at any time. Information and content should only be considered current as of the date of initial publication, without regard to the date on which you may access the information.  Any opinions or estimates of Grain or any third party reflect a judgment at the original date of publication by Grain or such third party and are subject to change without notice.  

YOUR USE OF THE SITE AND INFORMATION AND CONTENT AVAILABLE ON THE SITE IS AT YOUR OWN RISK AND BY ACCESSING THIS SITE, YOU AGREE TO ASSUME THE ENTIRE RISK AS TO THE PERFORMANCE AND QUALITY OF THE SITE AND THE ACCURACY, INTEGRITY, QUALITY, COMPLETENESS AND USEFULNESS OF ALL INFORMATION AND CONTENT AVAILABLE ON THE SITE.  

THE WEBSITE AND ALL INFORMATION, CONTENTS, PRODUCTS AND SERVICES AVAILABLE ON THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THIS WEBSITE AND ALL INFORMATION, CONTENT, PRODUCTS AND SERVICES AVAILABLE ON THE SITE ARE PROVIDED WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT WITH RESPECT TO THE SITE OR ANY INFORMATION, CONTENT, PRODUCTS OR SERVICES AVAILABLE ON THE SITE. WE DO NOT REPRESENT OR WARRANT THAT (I) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR MEET YOUR REQUIREMENTS, (II) THE INFORMATION, CONTENT, PRODUCTS OR SERVICES AVAILABLE ON THE SITE WILL BE ACCURATE OR RELIABLE OR THAT THE QUALITY THEREOF WILL MEET YOUR EXPECTATIONS.  
YOU WILL BE SOLELY RESPONSIBLE FOR, AND WE DISCLAIM ALL LIABILITY FROM OR RELATING TO: (I) ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR ACCESS TO THE SITE OR USE OR DOWNLOAD OF ANY INFORMATION, CONTENT, PRODUCTS OR SERVICES AVAILABLE ON THE SITE, (II) DELETION, FAILURE TO STORE, MISDELIVERY OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL, AND (III) SERVICE OUTAGES, FAILURE OF OUR SERVICE PROVIDERS, VIRUSES, MALWARE, NATURAL DISASTERS, DESTRUCTION OR DAMAGE OF OUR FACILITIES, ACTS OF NATURE, WAR, CIVIL DISTURBANCE OR ANY OTHER CAUSE BEYOND OUR REASONABLE CONTROL. 

LINKS TO THIRD PARTY SITESThe Site may contain links or provide access to Internet sites and services operated and owned by third parties.  The availability of such third-party links or services on the Site does not signify that we have any association with such third parties and does not constitute our endorsement of any information, content, products or services available through such third-party sites or services, and inquiries about such third-party sites or services should be directed to the applicable third parties.  Your use of any third-party sites and services may be subject to the applicable third-party terms and conditions of use and privacy policies. We do not have any control over these third parties and are not responsible for the actions of third parties.  You acknowledge and agree that we are not responsible have will have no liability for any damage or loss in connection with your transactions or interactions with any third parties. 

SITE CONTENT AND TRADEMARKSAll of the content available on or through the Site (“Content”), including without limitation, text, written content, graphics, photographs, images, artwork, illustrations, trademarks, service marks, designs, logos, “look and feel,” audio or video clips, animations and software, and the selection and arrangement of any of the foregoing, are protected under the copyright laws, trademark laws and other intellectual property laws of the United States and other countries.  As between you and Grain, the Site, and all Content, information, products and services available on or through the Site, and the hardware and software underlying the Site, is the property of Grain and its applicable affiliates, content licensors and contractors and unless otherwise expressly agreed in writing between you and Grain, may only be used for your personal, non-commercial educational purposes.  Except as expressly authorized in these Terms, you may not use, store, modify, reproduce, display, publish, distribute, transmit, sell, transfer, create derivative works of, publicly perform or otherwise exploit any Content or information available on or through the Site, in whole or in part, whether by electronic or other means, without our prior written consent.  Grain’s name and logo used on the Site are service marks of Grain Management, LLC.  They may not be used or displayed without our prior written consent.  All other trademarks, service marks and company names and logos appearing on the Site are the property of their respective owners.

PROHIBITED USESYou may only access and use the Site in compliance with these Terms.  Any unauthorized access to the Site is a breach of these Terms. You agree not to use any automated means, including, without limitation, agents, robots, scripts or spiders, to access, monitor or copy any part of the Site, except those automated means that we have approved in advance and in writing.  You agree not to copy, modify, rent, lease, loan, sell, assign, distribute or reverse engineer any of the software or technology underlying the Site or any Content, information, products or services available on the Site.  You agree not to modify the software underlying the Site in any form or manner or use modified versions thereof, including, without limitation, for the purpose of obtaining unauthorized access to the Site.  In addition, without limiting the foregoing, you agree that you will not take any of the following actions:
  • access or attempt to access user account information or data not intended for you or that you are not authorized to access;
  • disrupt or interfere the Site, networks, hardware or servers or take any action that imposes or is intended to impose a disproportionately or unreasonably large load on our infrastructure;
  • forge or manipulate identifiers, headers or other data in an attempt to disguise or falsify the source or origin of any Content (as defined below) transmitted through the Site or to manipulate your presence on the Site; and
  • engage or attempt to engage in any activities prohibited by law.
Use of the Site is subject to existing laws and legal process. Nothing contained in these Terms shall limit our right to comply with governmental, court and law-enforcement requests or requirements relating to your use of the Site.  We have the right, but not the obligation, to take any of the following actions, in our sole discretion, at any time and for any reason without giving you any prior notice: (i) restrict, suspend or terminate your access to all or any part of the Site, Content or our products or services; (ii) modify, suspend or discontinue all or any part of our products or services; (ii) refuse, move or remove any Content; or (iii) adopt additional general practices, fees and policies concerning the Site, Content and the products services we provide or revise existing our general practices, fees and policies.  You agree that we are not responsible and will not be liable to you or any third party for your failure to comply with these Terms.

LIMITATION OF LIABILITY; ADDITIONAL DISCLAIMERS OF WARRANTIESTO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GRAIN AND ITS AFFILIATES, OFFICERS, AGENTS, PARTNERS, ADVISERS, EMPLOYEES AND CONTRACTORS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF THE USE OR THE INABILITY TO USE THE SITE, CONTENT, PRODUCTS OR SERVICES; OR RESULTING FROM ANY CONTENT, INFORMATION, PRODUCTS OR SERVICES OBTAINED OR MESSAGES RECEIVED; OR ARISING OUT OF ALTERATION OR UNAUTHORIZED ACCESS TO YOUR DATA TRANSMISSIONS, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, DATA, USE OR OTHER INTANGIBLES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If you are dissatisfied with the Site or Content, information, products or services available on or through the Site (or portion thereof), or with any of these Terms, your sole and exclusive remedy is to discontinue using this Site.

INDEMNIFICATIONYou agree to indemnify, defend and hold Grain and all of its officers, directors, employees, representatives, agents, service providers, advisers and contractors (collectively, the “Indemnified Parties”) harmless from and against any and all liability, losses, costs and expenses (including attorneys’ fees) incurred by any Indemnified Party in connection with any claims arising out of your access to, use or misuse of the Site or any Content, information, products or services available on or through the Site, or your breach or violation of these Terms.  We reserve the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify the Indemnified Parties, and you agree to cooperate with our defense of these claims.

PRIVACY POLICYThis section describes our privacy practices with respect to the personal information we collect or obtain in connection with the Site.  These privacy practices apply only to the Site and do not necessarily apply to our offline collection of information.
  • Cookies: Grain or any third-party service provider may use cookies, web beacons, local shared objects and other similar technology (collectively, “Cookies”) in connection with your use of the Site, as may certain other third-party sites that provide information or Content on the Site.  Cookies are small pieces of information that a Site transfers to your computer’s hard drive for tracking or record-keeping purposes.  Cookies may have unique identifiers and transmit information about you and how you use the Site, including your browser type, you search preferences and the date and time of use. You may disable some (but not all) Cookies in your browser or device settings, but doing so may affect your ability to use the Site or receive certain third-party services provided through the Site.
  • Information We Collect and Track: Grain may collect and maintain two types of information about Site users: (i) personal information that individual visitors voluntarily provide when using the Site or on certain other occasions (such as via emails, surveys, user registration or other forms); and (ii) tracking data, which is automatically collected from every Site visitor.  The information that we collect may include your name, address, telephone number, email address, mailing address or other types of personal information.  If you contact us, we may keep a record of your correspondence and the information contained therein.  From time to time, we may archive and store the information you submit to or through the Site.  You may decline to provide requested personal information, but you may be unable to access certain services and sections of the Site.  In addition, we also may gather and store data from and about you in the course of your use of the Site, including without limitation, the number and frequency of visits to the Site, the Sites that you access before and after you visit the Site, the software and operating system used to access the Site and your IP address and Internet service provider.  You may update or correct any of the personally identifiable information that you have provided to us by sending an email to info@graingp.com.
  • How We Use Your Information:  Any information that you provide to use or that we collect in connection with your use of the Site is and will be used for our business purposes and the purposes for which it was requested, subject to these Terms, including without limitation, to contact you about the Site, to respond to your requests or correspondence, to request your feedback regarding improving the Site and/or to inform you about Grain’s services, products and activities or those of our affiliates.  We also may analyze your information, including tracking data, so that we can provide you with additional information or enhanced features or functions on the Site (for example, compiling statistical, demographic or aggregated information or reports about visitors to the Site generally, or for traffic patterns, user demographics and load-balancing metrics).  From time to time, we may contact Site users by email with information regarding developments affecting Grain or regarding the Site or our services, even if the Site users have not requested to receive any communications from us.
  • How We May Disclose Your Information:  We will not share your personal information with third parties, except: (i) to our affiliates, agents, consultants and sub-contractors in connection with the operation of our business; (ii) to service providers in connection with the operation of the Site and our business; (iii) when we believe that such disclosure is required by law, regulation, decree, judgment, order, subpoena or other governmental order and without any obligation to contest or verify the accuracy thereof; (iv) to enforce these Terms; (v) when we believe that such disclosure is necessary to protect the rights, property, security or safety of Grain, Site users or the public or to respond to an emergency; (vi) to third parties if authorized or requested by you; (vii) in an aggregated or de-identified format in our sole discretion; or (viii) as otherwise stated in these Terms.  Information provided to third parties is limited to the information needed to perform their functions. We seek to limit third-party use of information; however, we are not responsible for such third-party use of information. 
  • Transfers Upon a Sale or Change of Control: We may transfer your information to another entity that acquires all or a portion of Grain by merger, reorganization, operation of law, sale of all or any portion of our ownership interests, assets or business or otherwise in connection with a change of control of Grain.
  • Protection of Your Information: We believe that we take reasonable measures and precautions to protect your information from unauthorized access, loss, misuse or alteration; however, that there is no such thing as “perfect security” on the Internet and accordingly we do not guarantee the security of your information.  Internet communications may not be secure and it is therefore possible that any information you provide to us or your access of any information via the Site may be intercepted in transmission.  We are not responsible for and will not be liable for any security breach of our systems or data or any interception of transmissions.
  • Children’s Information: This Site is not intended for use by those under 18 years of age and we do not knowingly solicit or collect personal information on the Site from children under the age of 13.  If we learn that a child under the age of 13 has provided personally identifiable information to us via the Site, we will take reasonable measures to delete such information from our records and to not use such information for any purpose (except where necessary to protect the safety of the child or others as required by law).
VISITORS FROM OUTSIDE THE UNITED STATESThe Site and all Content, information, products and services available on the Site are offered from the United States. We do not represent or warrant that the Site and Content, information, products and services available thereon are appropriate or available for use in jurisdictions outside of the United States. If you choose to access the Site from outside of the United States, you acknowledge and agree that you are doing so at your own initiative and you are solely responsible for compliance with any and all local laws and regulations that may apply to such access and use.  If you use the Site outside of the United States, you hereby consent to having your personal data collected, transferred to and processed in the United States.  Access to the Site and Content, information, products and services available on the Site is prohibited where such access or use violates applicable laws or regulations.

ADDITIONAL TERMSIf any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in full force and effect.
If we are required by applicable law or judicial order to notify you of certain events, you hereby acknowledge and agree that any such notices will be effective upon our posting them on the Site, delivering them to you via email or your otherwise becoming aware of such notices through other means.  You are responsible for providing us with accurate contact information and we are not responsible for any failure to notify you due to your provision of inaccurate contact information.  

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
Headings in these Terms are provided solely for convenience and have no legal or contractual effect.

APPLICABLE LAWThese Terms will be governed by and construed in accordance with the laws of the State of New York, without regard to any principles of conflicts of law that would result in the application of the law of any other state. You agree that any action at law or in equity that arises out of or relates to any use of the Site will be filed only in the state or federal courts located in Washington, D.C..  You hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

CONTACT INFORMATION
You may contact us at info@graingp.com and at the following mailing addresses:
1900 K Street, N.W., Suite 1130, Washington, D.C.  
20006 100 N. Washington Blvd., Sarasota, FL  34236  

© 2018 Grain Management, LLC.  All rights reserved.