CIH Mobile Application and Website Terms of Use

Last updated: February 26, 2021

These Terms of Use (“Terms”) constitute the entire agreement between you and Commodity & Ingredient Hedging, LLC and its affiliated companies (collectively, “CIH”), relating to the information on, and your use of, the CIH Mobile Application (“App”) and website located at https://www.cihedging.com (including any subdomains) (collectively, the “Services”). Please read these Terms carefully before you use the Services as your use of the Services constitutes your acceptance of these Terms. If you do not agree to these Terms, then you may not use the Services. Your use of the Services constitutes your acknowledgement that you are at least 18 years old and have the legal authority to bind yourself and any party you represent to these Terms. You acknowledge and agree that you have read and are hereby bound by these Terms and agree to comply with all applicable laws, regulations and/or rules with regard to your use of the Services. CIH reserves the right to change Terms at any time by updating the Services to incorporate the new terms of use. You are responsible for regularly reviewing the Services to obtain timely notice of such changes. If you object to any such changes, your sole recourse will be to cease using the Services. Your continued use of the Services after changes to these Terms are published constitutes your acceptance of the amended Terms.

Mobile Service, Internet and Service Fees

The use of the App requires use of a mobile device and a wireless mobile data service, and your use of the Services generally requires Internet access, all of which must be obtained from your mobile carrier or other third parties. Your use of the App requires you to send to and receive, at your cost, electronic communications related to the App, including without limitation, administrative messages and updates, from CIH, your mobile carrier, or other third party service providers. If you do not have an unlimited wireless mobile data plan, you may incur additional charges from your wireless service provider in connection with your use of the App. You are solely responsible for obtaining all additional services and equipment necessary to access and use the Services and paying all usage and other charges associated therewith, including but not limited to, fees for wireless service and sending and receiving information to or through the Services.

License to Use and Access Services

CIH grants you a nonexclusive, non-transferable, revocable, license (without right of sublicense) to access and use the Services for your personal use. You agree and understand that the Services may be modified by CIH, in its sole discretion, at any time without prior notice. Any enhancements or modifications to the Services, as well as any new features or materials added to the Services after your initial access to them, shall be subject to these Terms (unless any such modified or new feature or material is accompanied by a separate agreement). All license rights granted to you under these Terms will immediately terminate if you violate any of these Terms.

To access the Services or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide Services is correct, current, and complete.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions thereof using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms. Any use of the Services is at your own risk, and you must comply with all applicable laws, rules and regulations in doing so. We may limit the availability of the Services at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.

Usage Statistics

CIH may aggregate and use for CIH’s internal business purposes those portions of your data provided to CIH in connection with your use the Services (“Usage Statistics”) and may disclose the Usage Statistics to third parties for the purpose of improving CIH’s products and services or for CIH’s marketing and promotional purposes so long as the Usage Statistics are disclosed only in the aggregate, do not include confidential information, are not disclosed in a manner so that the Usage Statistics would be attributable specifically to you, or that would provide the ability to identify you.

Personally Identifiable Information

Other than providing your name (and the names of any business that you are associated with), physical address, phone number, futures commission merchant (FCM) account number, and email address in connection with your use of the Services, you agree not to provide CIH with information relating to or reasonably capable of being associated with an identified or identifiable person, including, but not limited to: (i) a natural person’s, date of birth, telephone number, email address, online contact information, photograph, biometric data, Social Security number, driver’s license number, passport number, tax identification number, any government-issued identification number, financial account number, credit card number, any information that would permit access to a financial account, a user name and password that would permit access to an online account, health information, insurance account information, any persistent identifier such as customer number held in a cookie, an Internet Protocol address, a processor or device serial number, or a unique device identifier; (ii) “personal data,” “personal information,” “protected health information,” “nonpublic personal information,” or other similar terms as defined by applicable data protection or privacy laws. Please review our Privacy Policy for information regarding our privacy practices.

Acceptable and Prohibited Use

The Services may only be used in accordance with these Terms and for lawful purposes. You agree not to interrupt or attempt to interrupt the operation of the Services in any way or use it in a way that, in our opinion, restricts, inhibits or interferes with the ability of any other user to enjoy the Services or that infringes on the privacy or other rights of any other party, including by means of hacking or defacing any portion of the Services, or by engaging in spamming, flooding, or other disruptive activities.

Intellectual Property

The Services and its content, including art work, graphics, images, screen shots, text, audio-visual and audio files, digitally downloadable files, copyrights, software, trademarks, trade dress rights, logos, product and character names, slogans and the compilation of the foregoing (collectively, the “Content”) is the property of either CIH or its licensors, and is protected in the United States and internationally under trademark, copyright and other intellectual property laws. CIH shall retain all applicable intellectual property rights in and to the Services, and all goodwill accruing to your use of the Services. You acknowledge and agree that the Content is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of CIH or third party content providers. You are only permitted to use the Content as expressly authorized by us or the specific content provider.

You will use the Services solely as expressly authorized by these Terms. Except as expressly permitted herein, you will not copy, reproduce, display, perform, modify or create derivative works of the Services or Content. You will not market, sell, license, sublicense, lease, act as a service bureau, transfer, assign, sell, alter, repair, encumber or assign a security interest in the Services. You will not, and will not instruct, permit, allow or induce any person or entity, directly or indirectly, to: (a) decompile, disassemble or otherwise reverse engineer the Services or any portion thereof, or otherwise attempt to derive the source code or other trade secrets embodied in the Services; (b) use the Services to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party rights; (c) use the Services in a managed services arrangement; (d) attempt to gain unauthorized access to, or damage, disrupt, or impede the operation of the Services or CIH’s other services or systems; (e) upload or transmit any viruses, worms, defects, Trojan horses, or any programming of a destructive nature through the Services; or (f) access or use the Services in order to build a competitive product or service.

Information Submitted to the Services

Your submission of information to the Services for any purpose or function is governed by these Terms. You represent and warrant that you own or control any information you provide to the Services and have all applicable consents that may be needed to provide such information to the Services. You also expressly acknowledge that any other personal information provided to the Services (e.g., contact details) is done so in compliance with applicable privacy and data protection laws.

Disclaimer of Warranty

YOU ACKNOWLEDGE THAT EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, THE SERVICES AND CONTENT ALL COMPONENTS OF THE FOREGOING, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND WHATSOEVER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, CIH DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING: (I) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, SUITABILITY, TITLE OR NON-INFRINGEMENT; (II) RELATING TO THE PERFORMANCE OF THE SERVICES; (III) WITH RESPECT TO ANY RESULTS TO BE OBTAINED FROM THE USE OF THE SERVICES; (IV) THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; OR (V) WITH RESPECT TO THE ACCURACY, QUALITY, RELIABILITY, SUITABILITY, OR EFFECTIVENESS OF ANY DATA, RESULTS, REPORTS, CONTENT OR OTHER INFORMATION OBTAINED OR GENERATED BY YOU THROUGH USE OF THE SERVICES. YOUR USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING THEREFROM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CIH OR THROUGH THE USE OF THE SERVICES WILL CREATE ANY WARRANTY FROM CIH.

THE SERVICES ARE CONTROLLED AND OFFERED BY CIH FROM FACILITIES IN THE UNITED STATES. CIH MAKES NO REPRESENTATIONS THAT THE SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. ACCESS OR USE OF THE SERVICES FROM OTHER JURISDICTIONS IS AT YOUR OWN RISK AND YOU ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.

THE INTERNET MAY BE SUBJECT TO BREACHES OF SECURITY. CIH IS NOT RESPONSIBLE FOR ANY RESULTING DAMAGE TO YOUR DEVICE OR COMPUTER FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, UNAUTHORIZED INTERVENTION, FRAUD, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION. YOU SHOULD ALSO BE AWARE THAT SUBMISSIONS OVER THE INTERNET MAY NOT BE SECURE AND YOU SHOULD CONSIDER THIS BEFORE USING THE SERVICES.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT AND REGARDLESS OF THE FORM OF ACTION WILL CIH OR ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES WHATSOEVER ARISING OUT OF THESE TERMS, YOUR USE OF OR INABILITY TO USE OR ACCESS THE SERVICES, THE INACCURACY OR LOSS OF ANY DATA GENERATED OR MADE AVAILABLE BY THE SERVICES OR YOUR RELIANCE ON ANY SUCH DATA, OR FOR DAMAGES, EVEN IF CIH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, YOU AGREE THE TOTAL DAMAGES THAT MAY BE RECOVERABLE SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).

You acknowledge and agree that CIH has offered the Services and entered into these Terms in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between you and CIH, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between you and CIH. To the extent that CIH may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of CIH’s liability will be the minimum permitted under such applicable law.

Indemnification

You agree to indemnify, defend and hold harmless CIH, its officers, directors, employees, agents, and third party partners from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, from your use of the Services or Content or resulting from any violation by you of these Terms, to the fullest extent allowed by law.

Links to Third Party Web Site

The Services may display, include, or make available content, data (including publicly available information relating to commodity and ingredient futures and option quotes, volatility and historical market information), information, applications or materials from third parties or provide links to certain third party websites or services that are not owned or controlled by CIH. CIH has no control over, and assumes no responsibility or liability for, the availability, content, privacy policies, practices, or performance of the website of, or the services or materials provided by, any third party listed, described or discussed on the Services. CIH is providing these materials and links to you only as a convenience, and the inclusion of any materials or links does not imply endorsement or association by CIH of such third party, or any goods or services available through the third party.

Contract Information

You acknowledge and agree that you shall have sole responsibility to retain any contracts and other content in connection with your use of the Services and CIH shall have no obligation to store any such contract or the terms of such contracts. To the extent CIH stores any contracts on the Services and makes such contracts available to you, you acknowledge that such service is provided without any representations and warranties and agree that CIH has no responsibility to store any such contracts.

Termination

CIH MAY TERMINATE OR SUSPEND YOUR ACCESS TO THE SERVICES IMMEDIATELY, WITHOUT PRIOR NOTICE OR LIABILITY, FOR ANY REASON WHATSOEVER, OR FOR NO REASON, INCLUDING, WITHOUT LIMITATION, IF YOU BREACH ANY PROVISION OF THESE TERMS, OR CIH DECIDES TO NO LONGER PROVIDE ALL OR ANY PORTION OF THE SERVICES TO YOU OR GENERALLY. WITHOUT LIMITING THE PRECEDING SENTENCE, CIH SHALL HAVE THE RIGHT IN ITS SOLE DISCRETION TO SUSPEND OR TERMINATE YOUR ACCESS TO AND USE OF THE SERVICES SHOULD CIH CONSIDER YOUR USE OF THE SERVICES TO BE ILLEGAL, OBSCENE, DEFAMATORY, THREATENING, INFRINGING OF INTELLECTUAL PROPERTY RIGHTS, INVASIVE OF PRIVACY, INJURIOUS, OBJECTIONABLE, OR OTHERWISE IN VIOLATION OF THESE TERMS OR APPLICABLE LAW. ALL PROVISIONS OF THE TERMS, WHICH BY THEIR NATURE SHOULD SURVIVE TERMINATION, SHALL SURVIVE TERMINATION, INCLUDING, WITHOUT LIMITATION, OWNERSHIP PROVISIONS, WARRANTY DISCLAIMERS, INDEMNITY AND LIMITATIONS OF LIABILITY.

These Terms are effective until terminated by you or CIH. Your rights under these Terms will terminate automatically without notice from CIH if you fail to comply with any term of these Terms. Upon termination of these Terms, you shall cease all use of the Services.

Governing Law

These Terms shall be governed and construed in accordance with the laws of the State of Illinois, as such laws apply to contracts between Illinois residents entered into and performed entirely in Illinois, notwithstanding your place of residency or Illinois’ conflicts of law provisions.

Severability

If any provision of these Terms are found to be invalid or unenforceable, they will be enforced to the extent permissible and, to the extent invalid or unenforceable, such provision shall be deemed modified to the most limited extent necessary to be valid and enforceable, in accordance with applicable law, while still as fully as possible carrying out the intent of the original provision, and the remainder of these Terms will remain in full force and effect.

Conflict; Waiver

To the extent of any conflict or inconsistency between these Terms and any other written agreement you have entered into with CIH, including any Software as a Service Agreement and any Customer Agreement, such other written agreement related to the parties’ obligations hereunder will govern unless otherwise expressly agreed in writing. Failure by CIH to enforce any right or provision of these Terms or otherwise prosecute any right with respect to a default hereunder will not constitute a waiver by CIH of the right to enforce rights with respect to the same or any other breach.

Contact Us

If you have any questions about these Terms, please contact us at: 1.866.299.9333