Terms of Use

Last updated July 18th, 2023

These Terms of Use (“Terms”) constitute the entire agreement between You individually, if You are agreeing to them in Your own capacity, or if You are authorized to enter into these Terms on behalf of Your company or other organization, then the entity for whose benefit You act (“You” or “Your”), and Commodity & Ingredient Hedging, LLC and its Affiliates (individually and collectively, “CIH”, “Us”, or “We”), relating to the information on, and Your use of, the CIH Mobile Application (“App”), the Website located at https://www.cihedging.com (including any subdomains), and the products, services, content, and technology accessed by You through the App and such Website (collectively, the “Services”). Please read these Terms carefully before You download, install, or use the Services as Your downloading, installation, or 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, unless the party You represent has entered into a separate agreement with CIH for the Services, such party 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 these 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. “Affiliate” means an entity which is controlled by, which controls, or which is under common control with CIH, where “control” means the direct or indirect ownership of more than 50% of the shares or interests entitled to vote for the directors thereof of the equivalent, for so long as such entitlement subsists or equivalent power over management thereof.

I. Mobile Service, Internet and Service Fees

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.

II. License to Use and Access Services

CIH grants You a nonexclusive, non-transferable, non-assignable, revocable license (without right of sublicense) to access and use the Services solely for Your business (internal only) use. You may not provide information relating to commodity or ingredient futures or option quotes, market volatility, or historical market information regarding any of the foregoing that is provided or made available to You on the Service to any third party. The license granted to You for the App is limited to a non-exclusive, non-transferable, non-assignable, and revocable license to install and use the App on one iOS or Android, as applicable, cellular device that You own or control. 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 to the 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.

III. Usage Statistics

During and after the period during which You use the Services, CIH may aggregate and use for CIH’s internal business purposes usage and operational data generated by Your use of 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.

IV. 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.

V. 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.

Except as expressly permitted herein, You will not copy, reproduce, display, perform, modify, or create derivative works of the Services or Content (as defined below). 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; (f) access or use the Services in order to build a competitive product or service, or (g) post, send, or transmit any unsolicited or unauthorized advertising, promotional material, “junk mail,” “spam,” “chain letter,” “pyramid scheme,” investment opportunity or other form of solicitation; or any material, non-public information about a company or any securities or other financial instrument, without the proper authorization to do so.

You also shall not use the App or Services (a) to defame, abuse, harass, stalk, threaten, harvest or collect personally identifiable information, or otherwise violate the legal rights of others, including rights of privacy or publicity; (b) to impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with any person or entity, or state or imply that We endorse any of Your statements or submissions to the Services; or (c) for any other fraudulent or unlawful purpose.

VI. 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 CIH, its licensors, or third party providers, 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 or from Your use of the Services. You are only permitted to use the Content as expressly authorized by Us or the specific third party Content provider.

VII. Information Submitted to the Services

Your submission of information and materials to the Services for any purpose or function is governed by these Terms. You represent and warrant that You own or control any information and material that You provide to the Services and have all applicable consents and permissions that may be needed for You to provide such information and material to the Services. You hereby grant to CIH a limited, non-exclusive, royalty-free, sublicensable license to use, modify, adapt, perform, display, and share with others (including, without limitation, buyers and sellers of agricultural commodity products) the information and materials that You provide to the Services solely in connection with Our provision, maintenance, and support of the Services, exercising CIH’s rights under these Terms, and complying with applicable laws and regulations. You acknowledge and agree that (i) the Services are not a document repository or retention system for Your information and that CIH is not responsible or liable to You in the event of any loss or destruction of original documents, information, files, materials, or data in relation to the Services, and (ii) the information and materials that You provide to the Services may be deleted by CIH upon or after termination of these Terms or upon or after We cease making the Services or applicable portion thereof available to You. You expressly acknowledge that any personal information that You provide to the Services (e.g., contact details) is provided in compliance with applicable privacy and data protection laws.

VIII. Disclaimer of Warranty

YOU ACKNOWLEDGE THAT EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, THE SERVICES, CONTENT, AND ALL COMPONENTS OF THE FOREGOING, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, 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) WITH RESPECT TO THE PERFORMANCE THE SERVICES OR ANY RESULTS TO BE OBTAINED FROM THEIR USE; (III) WITH RESPECT TO THE LEGALITY, ENFORCEABILITY, EXISTENCE OF, OR THE TERMS INCLUDED IN, ANY ACTUAL OR PROPOSED CONTRACT, OR PORTION THEREOF, THAT IS DISPLAYED, UPLOADED, DESCRIBED, MONITORED, OR PURPORTEDLY ENTERED INTO BY YOU WITH ANY THIRD PARTY USING, FACILITATED BY, OR IN CONNECTION WITH, THE SERVICES; (IV) THAT USE OF THE SERVICES WILL BE SECURE, TIMELY, UNINTERRUPTED, ERROR FREE, OR WILL MEET YOUR OR ANY OTHER PARTY’S REQUIREMENTS OR EXPECTATIONS; OR (V) WITH RESPECT TO THE ACCURACY, QUALITY, RELIABILITY, SUITABILITY, OR EFFECTIVENESS OF ANY DATA, RESULTS, REPORTS, OUTPUT, CONTENT, OR OTHER INFORMATION OBTAINED OR GENERATED BY CIH, YOU, OTHER OTHERS 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. CIH IS NOT RESPONSIBLE FOR ANY LOST OR DAMAGED DOCUMENTS, INFORMATION, FILES, OR DATA IN RELATION TO THE SERVICE. 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. ANY DESCRIPTION OF THE SERVICES INCLUDED HEREIN OR OTHERWISE PROVIDED BY CIH IS FOR CONVENIENCE ONLY, AND DOES NOT CONSTITUTE A REPRESENTATION OR WARRANTY AS TO FEATURES, FUNCTIONALITY, OR ANY OTHER SUBJECT MATTER.

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.

IX. 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 LOST PROFITS OR 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 UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100), EXCEPT TO THE EXTENT THIS LIMITATION MAY BE PROHIBITED BY APPLICABLE LAW.

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.

X. Indemnification

You agree to indemnify, defend, and hold harmless CIH, its officers, directors, employees, agents, and third party licensors and Content providers from and against all losses, expenses, damages, costs, liabilities, and claims, including reasonable attorneys’ fees, that arise or result from Your access to or use of the Services or Content or resulting from any violation by You of these Terms, to the fullest extent allowed by law.

XI. Links to Third Party Web Site

The Services may display, include, or make available content, data (including, without limitation, 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, data, content, or materials of, any third party made available through 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.

XII. Support and Maintenance

CIH has no obligation to furnish You with technical or other support unless separately agreed in writing between You and CIH. In case of such support given by CIH, You understand and agree that the support has been given on an “as is” and “as available” basis and CIH will have no obligations or liabilities related to such support.

XIII. Contract Information

You acknowledge and agree that You have sole responsibility to retain any purchase or other contracts and content in connection with Your use of the Services and CIH shall have no obligation to store any such contract, the terms of such contracts, or content. To the extent CIH stores any contracts on the Services and makes such contracts or their terms 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.

XIV. Termination

CIH MAY TERMINATE OR SUSPEND YOUR ACCESS TO THE SERVICES OR ANY PORTION THEREOF 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 OR ANY PORTION THEREOF 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.

XV. 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.

XVI. 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.

XVII. Conflict; Waiver

To the extent of any conflict or inconsistency between these Terms and any other written agreement You have entered into with CIH with respect to the subject matter hereof, 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.

XVIII. Contact Us

If You have any questions about these Terms, please contact Us at: 1.866.299.9333