TERMS OF USE
The Terms of Use (“Terms of Use”) set forth below apply to the www.commoditylp.com website (the “Site”), a service of Commodity Asset Management, LLC and its affiliates (referred to collectively as CAM, “we,” “us,” “our” and other similar pronouns). Please read the following Terms of Use before using the Site or any data, products, materials, information, or services contained on the Site. Should you not agree with any of the Terms of Use contained herein, then do not use the Site.
CAM may change the Terms of Use at any time, without prior notice. Such changes will be effective when posted. Any changes made to the Terms of Use will only apply prospectively. By continuing to use the site after CAM posts any such changes, you accept the Terms of Use as modified. It is your responsibility to review CAM’s Terms of Use on a periodic basis.
The Site is offered to you conditioned on your acceptance without modification of the Terms of Use and any other terms, conditions, and notices contained herein. Your use of the Site constitutes your agreement to all such terms, conditions, and notices, including the Terms of Use.
CAM will not treat a user of the Site as an investment advisory client by virtue of their accessing the Site.
GENERAL
Commodity Asset Management, LLC (the “Firm”) is a New York-based commodity trading advisor and commodity pool operator registered with the U.S. Commodity Futures and Trading Commission (the “CFTC”) and a member of the National Futures Association (the “NFA”), relying on Rule 4.7 under the U.S. Commodity Exchange Act, as amended. Pursuant to Rule 4.7, the Firm is only able to accept Qualified Eligible Persons as clients or investors. Moreover, the Firm’s website is not required to be, and has not been, filed with the CFTC or NFA. The CFTC and the NFA have not passed on the merits of the Firm’s website or its trading strategy. The Firm’s website is limited to the dissemination of general information regarding the Firm’s services. The information on this website is for general informational purposes only and should not be construed by any prospective or existing client or investor of the Firm as a solicitation to effect transactions in securities. In addition, the information on this website should not be construed by any prospective or existing client or investor as personalized investment advice. The Firm’s personalized investment advice is given only within the context of its contractual agreements with each client or investor. The Firm’s investment advice may only be rendered after the execution of an agreement by the client or investor and the Firm. All information contained on this website is subject to change without notice. The information contained on this website may include forward-looking statements which are based on the Firm’s current opinions, expectations and projections. The Firm does not have any obligation to update or revise any forward-looking statements. Actual results could differ materially from those anticipated in the forward-looking statements.
DISCLAIMER
This website is for informational purposes only and does not constitute a complete description of our investment services or performance. THIS SITE IS IN NO WAY A SOLICITATION OF OR AN OFFER TO SELL SECURITIES OR INVESTMENT ADVISORY SERVICES. Information throughout this site, whether charts, articles, or any other statement or statements regarding market, real estate or other financial information, is obtained from sources which we and our suppliers believe to be reliable, but we do not warrant or guarantee the timeliness or accuracy of this information. Nothing on this site should be interpreted to state or imply that past results are an indication of future performance. We shall not be liable for any errors or inaccuracies, regardless of cause, or the lack of timeliness, or for any delay or interruption in the transmission thereof to the user. THERE ARE NO WARRANTIES, EXPRESSED OR IMPLIED, AS TO ACCURACY, COMPLETENESS, OR RESULTS OBTAINED FROM ANY INFORMATION POSTED ON THIS OR ANY "LINKED WEBSITE."
The information contained on this website is not intended to make any offer, inducement, invitation or commitment to purchase, subscribe to, provide or sell any securities, service or product or to provide any recommendations on which visitors to this site should rely for financial, securities, investment or other advice or to take any decision. Visitors to this site are encouraged to seek individual advice from their personal, financial, legal and other advisers before making any investment or financial decisions or purchasing any financial, securities or investment related service or product.
The information contained on this website is provided for general information, is not comprehensive and has not been prepared for any other purpose. Information on this website should only be viewed by persons permitted by applicable law or regulatory requirements to receive such information. We shall not accept any liability with respect to the accuracy or completeness of any information herein, or omitted to be included herein, or any information provided, or omitted to be provided, by any third party. All information is subject to change without notice. The information may include forward-looking statements which are based on our current opinions, expectations and projections. We undertake no obligation to update or revise any forward-looking statements. Actual results could differ materially from those anticipated in the forward-looking statements.
THE PAST PERFORMANCE OF ANY INVESTMENT, INVESTMENT STRATEGY OR INVESTMENT STYLE IS NOT INDICATIVE OF FUTURE PERFORMANCE.
RESTRICTIONS ON USE OF THIS SITE AND ITS CONTENT; OWNERSHIP OF SITE CONTENT
Unless otherwise expressly noted, all information and materials, including without limitation images, illustrations, designs, icons, photographs, and written and other materials, that are part of the Site are copyrights, trademarks, service marks, trade names, trade dress and/or other intellectual property owned, controlled or licensed by CAM. No material or content from the Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way; provided, however, that you may download and/or print one copy of individual pages of the Site for your personal, non-commercial use only, provided you keep intact and properly display all copyright and other proprietary notices. You may not distribute, display, modify, transmit, reuse, repost, create derivative works from or otherwise use the content of the Site, including, without limitation, any text, information, graphics, images, audio and video, for public or commercial purposes without CAM's written permission. Modification or use of the content of the Site for any other purpose will violate the copyright and/or intellectual property rights of CAM.
Systematic retrieval of content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without express written permission from CAM is strictly prohibited.
In addition, you may not, at any time: (i) "harvest" (or collect) information from the Site using an automated software tool or manually on a mass basis (unless we have given you separate written permission to do so); (ii) use automated means to access the Site, or gain unauthorized access to the Site or to any account or computer system connected to the Site (this prohibition does not apply to search engines accessing the site solely for web indexing purposes); (iii) "stream catch" (download, store or transmit copies of streamed content); (iv) obtain, or attempt to obtain, access to areas of the Site or the CAM systems that are not intended for access by you; (v) "flood" the Site with requests or otherwise overburden, disrupt or harm the Site or its systems; (vi) circumvent or reverse engineer the Site or its systems; or (vii) restrict or inhibit another user or users from using and enjoying the Site. All such conduct is strictly prohibited.
You also must comply with all applicable laws and contractual obligations when you use this Site.
OWNERSHIP OF SUBMISSIONS
If you submit any materials or content to this Site, you grant CAM a royalty free, perpetual, irrevocable, transferrable, assignable, sub-licensable, worldwide license to use such materials and content, including alterations thereof, for its business purposes, in any form, in any media, and via any technology it chooses, whether it exists now or is created in the future. You represent that any materials and content posted or otherwise submitted by you to the Site is original to you and that you have the right to grant CAM these rights. To avoid any disputes between us relating to ideas that you have submitted to us, you agree that, if you send us your ideas, you are giving us the right to use them, and you waive and release us from claims that we have used your ideas without your permission.
LINKING POLICIES
The Site may contain links to other websites or to third party sellers of products and services. Such links are provided for your convenience only, and you access them at your own risk. CAM is not responsible for, and does not endorse, the content of any such sites, or the products and services sold on them, nor does CAM take responsibility for the accuracy of any such sites. When you visit a linked site you should read the terms of use and privacy policy that govern that particular linked site.
You may not link to the Site without our express written consent. In addition, we reserve the right to revoke any consent to link to the Site upon notice.
INDEMNIFICATION
You agree to indemnify, defend and hold CAM and its affiliates, and their respective directors, officers, employees and agents, harmless from and against any claims, liabilities, losses, damages, costs and expenses, including reasonable attorneys' fees, arising from your use of the Site, your submissions to the Site, or any violation of the Terms of Use, or applicable law, by you. CAM reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you agree to cooperate with CAM in defending such claims. This indemnification, defense and hold harmless obligation will survive these Terms of Use and the termination of your use of the Site.
DISCLAIMER OF WARRANTIES; LIMITATIONS OF LIABILITY
Cam makes no representation, warranty, express or implied, of any kind concerning the data, products, materials information and services contained on this site. The materials on this site are provided “as is” and on an “as available” basis without warranty of any kind, either express or implied, to the fullest extent permissible pursuant to applicable law. Cam shall not be liable for any damages, viruses, or services, repairs or corrections that must be performed on your computer or other property on account of your accessing or using this site. Please note that some jurisdictions do not allow the exclusion of implied warranties, so some or all of the above exclusions may not apply to you.
You agree that use of this site is at your own risk. Although we try to ensure that the information posted on this site is accurate and up-to-date, we reserve the right to change or make corrections to any the information at any time. We cannot and do not guarantee the correctness, timeliness, precision, thoroughness or completeness of any of the information available on this site, nor will we be liable for any in accuracy or omission concerning any of the information provided on this site.
IF YOU ARE DISSATISFIED WITH THIS SITE OR ANY SERVICE ON THIS SITE OR WITH ANY OF THE SITE’S TERMS OF USE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
Cam assumes no liability, whether contingent or otherwise, to you or to third parties, or has any responsibility of any kind, for any loss or damage that you may incur in connection with the failure, interruption, or disruption of any connection, communication, or access to this site, or for any erroneous communication between you and cam. Cam shall have no liability, contingent or otherwise, to you or to third parties, for the correctness, quality, accuracy, timeliness, reliability, performance, continued availability, completeness or delays, omissions, or interruptions in the delivery of the data, products, information, material and/or services available on the site. In no event will cam be liable for any direct, indirect, incidental, consequential, special, punitive, or exemplary damages or loss which may arise from, or directly or indirectly relate to, (even if cam has been advised of the possibility of such damages or loss) (i) your use of the data, products, information, material and/or services made available on the site, (ii) any other matter relating to this site, (iii) your downloading of any information, software or other materials through the site, or (iv) any claim or cause of action arising out of, or relating to, breach of contract, breach of warranty, tort, negligence, strict liability, product liability or any other legal theory. Cam will have no responsibility to inform you of any difficulties experienced by cam or third parties with respect to the use of the data, products, information, material and/or services or to take any action in connection therewith.
MONITORING BY CAM
CAM reserves the right to monitor and record activity on this Site for any and all or no reason, and to take all actions it deems necessary or appropriate in its sole discretion. CAM, however, has no obligation to do so. As a result of your use of this website, CAM may retain and use any information gathered from your use for its internal business purposes or in accordance with applicable regulatory requirements.
CHANGES TO THIS SITE
CAM reserves the right to make changes to, or to suspend or discontinue (temporarily or permanently), the Site or any portion of the Site. You agree that CAM will not be liable to you or to any third party for any such modification, suspension or discontinuance.
SUSPENSION OR TERMINATION OF ACCESS
CAM reserves the right to deny access to, and to suspend or terminate your access to, the Site, or to any features or portions of the Site, and to remove and discard any content or materials you have submitted to the Site, at any time and for any reason, including for any violation by you of these Terms of Use. In the event that we suspend or terminate your access to and/or use of the Site, you will continue to be bound by the Terms of Use that were in effect as of the date of your suspension or termination.
GOVERNING LAW/INDIVIDUAL ARBITRATION OF CLAIMS
The laws of the United States of America, State of New York shall govern these Terms, without giving effect to any choice of law of conflict of law rules or provisions that would cause the application of any other jurisdiction's laws.
You and CAM agree that all claims or disputes concerning the website that we cannot resolve informally shall proceed solely on an individual, not class action or representative, basis in binding arbitration before and subject to the rules of the American Arbitration Association borough of Manhattan, New York State. Regarding the resolution of any dispute, you understand that:
1) Arbitration is final and binding. By agreeing to arbitration, you waive your right to resolve disputes in court, including the right to a jury trial. Arbitration is different from a court proceeding and is generally more limited. The arbitrator’s decision is not required to include factual findings or legal reasoning. Your right to appeal or seek to modify the arbitrator’s rulings is strictly limited.
2) Any questions about the nature of our relationship or the law surrounding this relationship will be governed by New York State law without giving effect to conflicts of law principles.
Any party may apply to a court of competent jurisdiction for temporary injunctive or other equitable relief in aid of arbitration.
JURISDICTION
CAM controls and operates this Site from its offices within the United States of America. CAM makes no representation that materials in or accessible through this Website are appropriate or available for use in other locations or that access to them where you are located is not illegal and prohibited. Those who choose to access this Website from other locations do so on their own initiative and are responsible for establishing the legality under any or all applicable jurisdictions and compliance with applicable local laws. You may not use or export the information or materials on this Website in violation of U.S. export laws and regulations. The information provided in or accessible through this Website is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject CAM to any registration or other requirement within such jurisdiction or country. We reserve the right to limit access to this Website to any person, geographic region or jurisdiction. Those who access this Site do so on their own initiative and are responsible for compliance with all applicable local laws.
ELECTRONIC COMMUNICATIONS
The communications between you and us via this Site use electronic means, whether you visit the Site or send us an email, or whether we post notices on the Site or communicate with you via email. For contractual purposes, you consent to receive communications from CAM in an electronic form, and you agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.
SEVERABILITY
If any provision of these Terms of Use shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. CAM reserves the right to alter or delete materials from the Site at any time at its discretion.
OTHER
These Terms of Use, together with any additional terms and conditions that are referenced herein or that otherwise may apply to specific areas of the Site, constitute the entire agreement between us and you with respect to the Site. This agreement is personal to you and you may not assign it to anyone. These Terms of Use are not intended to benefit any third party, and do not create any third party beneficiaries. Accordingly, these Terms of Use may only be invoked or enforced by you or us.
You agree that regardless of any statute or law to the contrary, any claim or cause of action that you may have arising out of or related to use of the site, or these terms of use, must be filed by you within one year after such claim or cause of action accrued or be permanently barred.
These Terms of Use are subject to existing laws and regulations, and nothing in these Terms of Use is in derogation of our right to comply with legal or regulatory requests or requirements relating to your use of the Website or information provided to or gathered by CAM.
If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers, liability limitations and indemnity obligations set forth above, then the invalid or unenforceable provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use shall continue in effect.
By reviewing or using the information on this Website after accessing this Website, you represent and warrant that (i) you understand and intend these Terms of Use to be the legal equivalent of a signed and written binding contract, and (ii) you will use the Content on the Website in a manner consistent with applicable laws and regulations and in accordance with these Terms of Use, as the Firm may amend them from time to time.
These Terms of Use constitute the entire agreement between you and CAM with respect to this Website and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to this Website.
Last Updated: December 19, 2016