2. Acceptance of Terms.
3. Changes to Terms and Conditions.
4. Risk of Use.
Futures trading involved significant risk and is not suitable for everyone. You may sustain a total loss of initial margin funds and any additional funds deposited with the clearing firm in order to maintain your position. Past performance may not be indicative of future results.
6. Third Party Sites.
You agree that you will act with civility, in a professional manner and with personal dignity, and will be courteous and respectful in your dealings with Blimling, its employees and agents, whether such interactions are in person, in writing, by telephone, by email, or by some other form of communication. Because of the importance Blimling places on professionalism, upon a breach of this provision by you, Blimling may suspend or prohibit you from conducting business on the Site.
8. System Integrity.
You shall not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. You shall not take any action that intentionally imposes or should reasonably be expected to impose an unreasonable or disproportionately large load on the Site infrastructure.
9. Good Faith Use.
You shall use the Site in good faith and in its intended manner and will not utilize information obtained on the Site to directly or indirectly circumvent or participate in the circumvention of any payment obligations in any manner or use information obtained on the Site to obtain an unfair competitive advantage over other third parties.
10. Content Standards; Prohibited Behavior.
10.1. You shall not post any content on the Site that:
(a) Is false, misleading, inaccurate or would be likely to deceive any other person;
(b) Is defamatory, obscene, offensive, pornographic, vulgar, profane, indecent, hateful, inflammatory, abusive, harassing or threatening;
(c) Is discriminatory based on race, sex, religion, nationality, disability, sexual orientation or age;
(d) Violates the legal rights of others, such as content that 1) infringes any copyright, trademark, patent, trade secret, or other intellectual property rights, 2) violates any right of privacy or publicity, or 3) contains material that could give rise to any civil or criminal liability;
(e) Constitutes unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; or
(f) Otherwise promotes any illegal activity, or violates any applicable law, including, specifically, all laws, statutes, ordinances or regulations (including without limitation those governing export control, antitrust, consumer protection, unfair competition, antidiscrimination, false advertising, or any Federal or applicable state dairy commodity regulation).
10.2. You shall not use the Site to:
(a) harvest or otherwise access, collect or store any information (including personally identifiable information) about other users of the Site, including e-mail addresses, without the express consent of such users;
(b) use, download or otherwise copy, or provide to any person or entity any Site user’s directory or other user or usage information or any portion thereof;
(c) introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
(d) impersonate any person or entity, including, but not limited to, a Blimling employee, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(e) attempt to gain unauthorized access to any part of the Site, other computer systems or networks connected to the Site, through password mining or any other means;
(f) interfere with or disrupt networks or servers connected to the Site or violate the regulations, policies or procedures of such networks;
(g) use the Site to harm minors in any way;
(h) interfere with any other party’s use and enjoyment of the Site;
(i) include descriptions of, or hyperlinks to, goods or services that Blimling has not authorized or that you do not have a legal right to describe or link to; or
(j) copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for content you provide to us) from the Site without the expressed written permission of Blimling.
11. Intellectual Property Rights.
11.1. The Site and its entire contents, features and functionality, (including, but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are protected by United States copyright, trademark, patent, trade secret and other proprietary and intellectual property rights of Blimling or its licensors. All content on the Site is copyrighted as a collective work of Blimling pursuant to applicable copyright law. You agree to comply with any additional copyright notices, information, or restrictions contained in any content available on or accessed through the Site.
11.2. You may not modify, publish, transmit, transfer, sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the content on the Site, in whole or in part, except as expressly permitted by Blimling. The Site and the Services may not be decompiled, disassembled, modified, translated, adapted or reverse engineered.
11.3. You are solely responsible for providing, at your own expense, all equipment, facilities and services necessary to access and use the Site, including, without limitation, computer hardware and software, telephone service and Internet access.
11.4. Notwithstanding the foregoing provisions, and subject to any broader rights you are granted under a separate written agreement with Blimling, you are granted a limited license to print or download sufficient copies of the Site’s content for internal business use only, provided you keep intact all copyright and other proprietary notices. Systematic retrieval of data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Blimling is prohibited. In addition, use of the Site for any purpose not expressly permitted in the Agreement is prohibited. Except as expressly provided above, all rights are reserved.
The Site may be equipped with the ability for you to provide feedback about various aspects of the Site, its functionality and any developments you would be interested in seeing on the Site or with the business of Blimling. You acknowledge and agree that any ideas, suggestions or other information you provide will become the property of Blimling upon submission and you hereby irrevocably assign to Blimling all such right, title and interest in such materials and agree to execute all documents necessary to implement and confirm the intent of this provision. In addition, Blimling shall have the right to archive, redistribute and otherwise make available your feedback in print, electronic or other forms of media.
Blimling reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the Site, at any time for any reason without prior notice or liability. Blimling may change, suspend or discontinue all or any aspect of the Site at any time, including the availability of any feature, database or content, without prior notice or liability.
14. Disclaimer of Warranties.
14.1. You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY VIRUSES OR OTHER SIMILARLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER OR NETWORK DUE TO YOUR USE OF THE SITE, THE SERVICES, THE DOWNLOADING OF ANY CONTENT POSTED ON THE SITE OR ANY OTHER WEBSITES LINKED TO THE SITE.
14.2. THE SITE AND ALL CONTENT AND MATERIALS THEREON ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES OR INDEMNITIES OF ANY KIND. BLIMLING EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES (i) CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY OR TIMELINESS OF THE SITE AND ALL CONTENT THEREON; (ii) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT; (iii) THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; (iv) THAT UNAUTHORIZED ACCESS TO OR MISAPPROPRIATION OF THE SITE’S CONTENT WILL NOT OCCUR; OR (v) THAT THE SITE’S CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SITE IS SOLELY AT YOUR RISK. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNONT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
15. Limitation of Liability.
You hereby release Blimling and its present and former officers, directors, agents, managers, members, investors, partners, employees, shareholders, fiduciaries, parents, affiliates, subsidiaries, divisions, legal representatives, predecessors, estates, trusts, executors, successors and assigns and all persons (natural, corporate or otherwise) in privity with Blimling or any of them (all of which collectively are jointly and severally referred to herein as the “Blimling Group”) from all claims, demands and damages (actual and consequential) of every kind and nature, disclosed or undisclosed, known and unknown, suspected and unsuspected, in any way arising out of or in connection with your use of the Site. User waives the provisions of any law limiting or prohibiting a general release including California Civil Code § 1542 which states “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor.”
18. Electronic Record and Signature.
You agree that any document or record which is transmitted or received by electronic transmission by either party shall be treated in all manner and respects as an original written, signed document where sufficient indicia of acceptance exists. You agree to accept reasonable electronic indicia, including but not limited to clicking on Site buttons designated by language such as “I Accept,” “I Agree” or other similar such language, as effective indicia of acceptance. Such indicia of acceptance shall be considered for these purposes as an original signature and any such electronic record it is attributed to shall be considered to have the same binding legal effect as an original written, signed document.
19.1. All feedback, comments, requests for technical support and other communications relating to the Site should be sent to email@example.com.
19.3. No failure or delay in exercising any right hereunder by Blimling will operate as a waiver thereof, nor will any partial exercise of any right or power hereunder preclude further exercise.
19.5. This Site is controlled and operated by Blimling from its offices within the state of Texas. Blimling makes no representation that materials on this Site are appropriate or available for use outside of the United States. If you choose to access the Site from locations outside of the United States, you do so at your own risk and you are responsible for compliance with the laws of whatever jurisdiction you are in at that time.
LAST MODIFIED: APRIL 13, 2015