Commodity.com Terms of Use

Terms of Use

Welcome to the www.commodity.com website (“Site”). By visiting and using this Site you will be accepting these Terms of Use (“TOU“). The TOU governs your access to and use of the Site and any of the Services we provide through the Site (together the “Services”).

Please read them carefully and if you disagree with the TOU in any way, then do not use this Site or any of the Services. Commodity.com reserves the right to post changes to the TOU on this Site at any time.

If we make any material changes to this TOU, we will post the updated TOU here, along with its effective date, and notify you by means of a notice on our Site. If any TOU changes are not acceptable, you must stop your use of this Site. In these TOU, “Commodity.com” and “we” refer to Moneda Media, LLC, and “User” or “you” refer to each visitor to this Site.

If you subscribe to any Services offered through this Site, you may also be subject to additional terms and conditions (“Terms of Service” or “TOS“) applicable to such Services, which will be brought to your attention at that time.

These Terms of Use describe the terms which apply to your access to and use of this Site and the Services in detail, and they also limit your rights and remedies with regard to your use of the Site and Services. In a nutshell, Commmodity.com is a useful tool with lots of cool information.

The information is provided for free and may not be accurate, should never be relied upon, and may or may not be legal in the place where you live—it is your responsibility to make this determination. A lot of people lose money when investing and trading. Do not rely on this Site or any information, as it could be to your detriment.

Essentially, don’t invest in or trade on commodities, futures, options, Contract For Differences (CFDs), financial spread betting, cryptocurrency, equities, precious metals or any other financial instrument unless you are fully aware of and comfortable with the risks, and do not at any time rely on the Site or the Service.

Sites and Services

We do not guarantee that access to or use of this Site or any Services will be uninterrupted or error free, and Commodity.com shall not be liable for any feature not being accessible or for any unavailability of its Site and Services. The Site and its features may be expanded, limited or modified at any time by Commodity.com to meet the needs of its Users, or for technical or other reasons, without advance notice or reason. We may also in our sole discretion, and at any time, discontinue providing, temporarily or permanently, any or all of the Site or Services, without notice. To access some of the content or features of the Site or its Services, Users may need to enhance or update the hardware or software in their computer systems. Commodity.com assumes no responsibility for any failure to access the Site or any Services, partially or fully, whether due to the User’s system, the Internet network or any other cause.

Minors

We do not provide information or services to minors, and if you are under 18, and at least 13 years of age, you may only use this Site and/or the Services with the active involvement of a parent, guardian or other supervising adult. You may not use this Site if you are under 13 years of age.

No Individual Investment Advice

This Site does not provide individual or customized legal, tax, accounting, or investment services. Since each individual’s situation is unique and may be located in different jurisdictions with different rules and laws, a qualified professional should be consulted before making financial decisions in your jurisdiction, including investing in or trading on commodities, futures, options, CFDs, financial spread betting, cryptocurrency, equities, precious metals or any other financial instruments discussed on the Site.

Message Web Site Content Limitations

We make no guarantees as to the accuracy, thoroughness or quality of the information on this Site or through the Services, which is provided only on an “AS-IS” and “AS AVAILABLE” basis at User’s sole risk. This information may be provided by third parties and Commodity.com shall not be responsible or liable for any errors, omissions or inaccuracies in the Site content. The information and investment, accounting, or legal strategies provided at this Site are neither comprehensive nor appropriate for every individual. Some of the information is relevant only in the United Kingdom, U.S., the E.U., or other specific countries, and may not be relevant to or compliant with the laws, regulations or other legal requirements of other countries, including where you may be located. IT IS YOUR RESPONSIBILITY TO DETERMINE WHETHER YOUR INTENDED USE OF THE INFORMATION AND SERVICES WILL BE TECHNICALLY AND LEGALLY POSSIBLE IN THE AREAS OF THE WORLD WHERE YOU INTEND TO USE THEM. You are advised to verify any information before using it for any personal, financial, accounting, legal, or business purpose. In addition, the opinions and views expressed in any article on this Site are solely those of the author(s) of the article and do not reflect the opinions of Commodity.com or its management. The Site content and services may be modified at any time by us, without advance notice or reason, and Commodity.com shall have no obligation to notify you of any corrections or changes to any Site content.

License to Use Site Content

We grant you a limited personal use license to access, display, download, format and print portions of this Site content solely for your own personal non-commercial use, provided that the content is not modified and all proprietary notices are kept intact. You may not reproduce, publish, translate, merge, sell, rent, distribute the content, or create a derivative work of the content on any other website or as part of any educational, training or reference materials. You may not frame or utilize framing techniques to enclose any content on this Site. You should not rely on any of the information on this Site or a result of any Services, and reliance by you is solely at your own risk and could be to your detriment.

Third Party Content

Any testimonials, opinions, advice, product or service offers, or other information or content made available on or through this Site by third parties (“Third Party Content”) are solely those of their respective providers and not of Commodity.com which does not guarantee the accuracy, completeness, reliability or usefulness of Third Party Content. It is the responsibility of the User to evaluate Third Party Content and Commodity.com shall not be liable for any damage or loss caused by Users’ reliance on or other use of Third Party Content.

Content Posted by Users

To the extent we enable you to, and you choose to post or share any content or materials, including, without limitation, through the Service (e.g. questions) or through the Service (e.g., quizzes, homework, projects, blogs, chatrooms, forums, comments, etc.) (“User Content”) you will be: (a) granting Commodity.com a fully transferable, sub-licensable (with rights to sublicense, including, without limitation, through multiple tiers) to display, perform, reproduce, modify, transfer, distribute and create derivative works from the User Content and to associate your public profile information (if any) with such User Content, in any media formats and through any channels (whether now known or hereafter developed) and waiving any moral rights in favor of Commodity.com with respect to such use of the User Content; (b) granting Commodity.com a perpetual, world-wide, royalty-free, fully paid-up, non-exclusive license to allow your materials to be edited and displayed by Commodity.com on its Site, and accessed by Users, for the purposes and on the terms as set out in these TOU; (c) agreeing to defend, indemnify and hold harmless Commodity.com and its Users from any claim or demand made by any third party due to or arising out of your User Content; and (d) representing that you own or otherwise have the right to post the User Content, that the User Content is accurate, that use of the User Content on the Site does not violate any laws, and that the materials will not cause injury to any person, including without limitation to the intellectual property, personal or privacy rights of others. Commodity.com shall have the right to use your name in connection with your posted User Content. Commodity.com reserves the right to remove or modify any User Content for any reason, including without limitation, if we believe it violates these TOU.

If you choose to post any User Content and interact with other users, if applicable, please be respectful of other users and use common sense when posting comments. Remember that anything you post online may be perpetually available and is not confidential or private. Do not post anything you would not be comfortable sharing or being made public.

POSTS ARE NOT CONFIDENTIAL. Be aware that the Site is a forum-based service and any information and materials you submit in connection with your profile and/or any questions or comments you pose to the Services/Site, which may include via blogs and chatrooms, may be displayed in publicly viewable forums.

Commodity.com Widgets

Commodity.com may, in its sole discretion, provide certain widgets subject to this TOU (the “Widgets”). By accessing and using any Widget (including copying any Widget html code), you agree to be bound by the following:

You may only display the Widget(s) on a website you own and operate;
You may not modify any Widget including without limitation that you may not change any code, obscure or disable any element of any Widget, tag links to Commodity.com with a “no follow” attribute or similar mechanism;
You agree not to make any representations or warranties (express or implied) about Commodity.com or the Site;
You may not suggest or imply any affiliation with, sponsorship, or endorsement by Commodity.com;
You may not place the Widget on any site that contains any content that is in any way unlawful, harmful, obscene, harassing, or racially, ethnically, or otherwise objectionable. Additionally, you may not place the Widget on any site that infringes any Commodity.com intellectual property or other rights, or violates any applicable law;
Commodity.com grants you a non-transferable, non-exclusive, revocable right to download/display the Widget solely in accordance with the terms of TOU (ii) solely in connection with the Widget, to use our logos, trademarks, trade names and other intellectual property contained in the Widget. This TOU does not grant you any right in any Commodity.com code, content, logos or trademarks beyond the limited permission to display the Widget granted herein; and
Commodity.com reserves the right at any time to terminate or modify your permission to display the Widget. The Widgets are subject to change from time to time in our sole discretion. We may cease to return content from the Widget at any time in our sole discretion.

Account Creation

General. Some of the Services offered by Commodity.com may require you to create an account. When you create an account, you agree that you have the authority to create that account and that all information you provide will be true, accurate, current, and complete. You are solely responsible for keeping your login information (e.g., User ID and password) accurate, secure, and confidential. You are also responsible for any activity resulting from use of your login information. You agree to immediately inform us if you suspect that your login information has been compromised. We are not liable to you for any losses or damages you incur resulting from unauthorized use of your login information.

Social Sign in. If you login or sign in using social networking functionality, e.g., Facebook, you agree to abide by the applicable social network’s terms and conditions.

PLEASE NOTE: Commodity.com does not provide tax, accounting, legal, investment, or financial services. The information available through Commodity.com’s Service is provided by third parties and solely for informational purposes on an “as is” basis at User’s sole risk. The information is not meant to be, and should not be construed as advice or used for investment, financial planning, legal, accounting, or tax purposes. Commodity.com makes no guarantees as to the accuracy, quality, or completeness of the information and Commodity.com shall not be responsible or liable for any errors, omissions, inaccuracies in the information or for any User’s reliance on the information. User is solely responsible for verifying the information as being appropriate for User’s personal use, including without limitation, seeking the advice of a qualified professional regarding any financial, legal, accounting, or tax questions a User may have. While Commodity.com may edit questions provided by Users for grammar, punctuation, profanity, and question title length, Commodity.com is not involved in the questions and answers between Users and Users’ advisors, does not endorse any particular financial, legal, accounting, or tax professionals that provide answers via the Site or the Service, and is not responsible for any claims made by any persons on or associated with the Site or Service. Commodity.com is not endorsed by or affiliated with any state/provincial/territorial bar association or other legal or accounting membership organization or association, tax authorities, or agencies or associations, or the Financial Conduct Authority (FCA) in the UK, or the Financial Industry Regulatory Authority (FINRA) in the U.S., the Investment Industry Regulatory Organization of Canada (IIROC) or any other financial regulatory authority, agency, or association.

Incentives, Rewards, Discounts and Other Promotional Offers

Commodity.com may offer incentives, offers, promotions, discounts, sweepstakes, or contests in connection with its Services or Site. In the case of sweepstakes or contests, you will be provided separate terms and conditions that must be agreed to in order to be eligible for participation in any sweepstakes and/or contests. In connection with any incentives, rewards, or similar programs, any such program is issued at Commodity.com’s sole discretion). Any such incentives and/or programs are not a payment instrument; they are issued without any exchange of money or value from you and you have no vested property right or interest in the incentives. Commodity.com reserves the right to cancel or revoke any incentives or programs, or your participation therein, for any reason or no reason whatsoever, including, without limitation, if it determines in its sole discretion that you have violated these terms, the terms specific to any rewards, incentive, or other program, or the rest of this TOU. Commodity.com reserves the right in its sole discretion at any time and without prior notice to you, to add to, remove or otherwise change the terms applicable to the issuance and use of any incentive, offers, promotions or other similar program.

Broker Reviews

In the event that Commodity.com makes available reviews of online brokers (each a “Review” and together the “Reviews”), the below applies in addition to the rest of the terms of these TOU. You understand and agree to receiving communications from Commodity.com, including as set forth in the “Communications” section of this TOU. Commodity.com reserves the right at any time and for any reason and without notice to you, to change, modify, suspend, or cancel access to and/or any and all of the Reviews.

For Informational Purposes Only. Each Review is provided for informational purposes only. Information may not be applicable for each state/province/territory and/or jurisdiction and the rules, regulations and laws in different jurisdictions and locations can differ considerably. Commodity.com cannot guarantee that any information provided in a Review will be accurate, complete, legal and/or current. We make no representations or warranties regarding the quality of the Review content.

You may not reproduce, upload, transmit, distribute, publicly display, sell, publish, copy, or otherwise use the Review, and/or any content or materials provided in connection with any Review for any commercial purpose without Commodity.com’s express written consent.

The publication by Commodity.com of any Review is not and shall not be deemed an endorsement or recommendation of that broker by Commodity.com and the views expressed in any Review are those of the Reviewer and not Commodity.com.

The information contained in a Review may be different from the information provided when you visit the website of a financial institution, service provider or specific product. When evaluating online brokers, please review the online broker’s own terms and conditions. We do not make any warranties or representations regarding the quotes, fees, terms, rates, coverage or services offered or made available by online brokers. We do not guarantee that quotes, fees, terms, rates, coverage or services offered by online brokers are the best available. We are not involved with and are not responsible for any fee arrangement that you may enter into with any online broker or other service provider. You must not and should not rely on any Reviews and all Reviews are provided on an AS-IS, AS-Available Basis and doing so could be to your detriment. You hereby release us of any and all losses, costs, damages or claims in connection with, arising from or related to your use of a service provider’s products or services.

Commodity.com may receive compensation from online brokers when a User applies or gets approved for a financial product through our Website. Compensation may influence which products and brokers we review and write about, and whether products appear on our Website. The Website does not purport to feature every online broker or financial product available on the market.

Viruses

Commodity.com does not guarantee that files available for downloading through its Site will be free of infection or viruses or other code that may have contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for integrity, security and accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.

Advertisers

Commodity.com accepts advertising. Special attention is paid to featuring advertising in a way that will not interfere with your reading experience. This relates to both page design and to the number of ads we choose to feature on a page.

In some cases, editorial content may include links to partners for which Commodity.com receives an affiliate commission (more details below).

How We Make Money

The way that we’re able to offer numerous articles of content on our website for free is by partnering with advertisers and affiliate partners who are looking to reach consumers. This can take a number of different forms, and we’ll walk through those below. It’s important to note that we maintain strict editorial independence for all of our content, particularly on reviews and recommendations. If a product is great, we’ll tell you even if we don’t have an advertising relationship. If we think a product is bad, we’ll tell you that, even if we DO have an advertising relationship with them.

Affiliate Links to Advertisers

In some cases we may have an affiliate relationship with a product or service that we review, and so when you visit a “partner” or click on a hyperlink on the product’s or “partner’s”, name in those cases we may receive compensation either when you click on it or if you decide to sign up for the product or service.

Display Ads

Some review/recommendations may include display advertising on them, which are easily recognized.

Advertisers Are Not Endorsed

Please note: Although we permit advertising on the Site and we seek to partner with quality companies, we are not responsible for the claims or representations made by advertisers and sponsors. Commodity.com does not review, endorse or recommend the products or services of any company mentioned on our Site. We will not be liable in any way for damages of any kind resulting out of the misuse of any personal information or data submitted by you to an advertiser or sponsor.

Links

As a convenience to Users, the Site and Services may provide links to other sites or resources. Because we do not review and have no control over such sites and resources, Commodity.com shall not be responsible or liable for use of or reliance on any content, products, services or information at such sites or resources. Inclusion of any links does not imply any endorsement, affiliation, approval, association or sponsorship by Commodity.com of the linked websites, resources, their operators or owners. When you select a link, you may be leaving our Site. The information available on third parties websites may have certain restrictions on its use or distribution which differ from this TOU.

Prohibited Conduct

The following activities are strictly prohibited:

Posting unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation (“Spamming”);
Postings for any unlawful or fraudulent purpose (including links);
Posting of personal information (for yourself or anyone else);
Posting materials containing viruses or other malicious or destructive code;
Posting of offensive content including profanity, obscenity, racist or pornographic material;
Engaging in any activities that are defamatory, violate the personal privacy rights of others, or infringe any person’s rights, including but not limited to, collecting and distributing information about Internet users without their permission, except as permitted by applicable law;
Posting any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, hateful, degrading to others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or other classification or otherwise objectionable in any way;
Copying, modifying, creating a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code of the Site or Services;
Removing or obscuring the copyright notice or other notices displayed in connection with the content accessible through the Site or Services;
Interfering with or disrupting the Site functionalities, Services, or servers and networks connected to Site, or disobeying any requirements, procedures, policies, or regulations of networks connected directly or indirectly to the Site;
Modifying the Site or Services in any manner or form, or using modified versions of the Site or Services, including (without limitation) for the purpose of obtaining unauthorized access to the Site or Services;
Reproducing, printing, caching, storing, or distributing content retrieved from the Site or Services in any way not authorized by this TOU or for any commercial use without the prior written permission of Commodity.com;
Selling, assigning, sublicensing, or otherwise transferring any right in the Services or content accessible through the Site;
Accessing the Site or Services by any means other than through the interface that is provided by Commodity.com;
Using the Site or Services to violate any law (whether local, state/provincial/territorial, national, or international), whether or not intentionally;
Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with any person or entity;
Manipulating identifiers in order to disguise the origin of any question, answer or comment you post on the Site;
Engaging in “screen scraping,” “database scraping,”; and/or
Facilitating violations of this TOU or the Privacy Policy.

Privacy

This Site may collect personal information from some Users. Please review our Privacy Policy to understand what information we collect and store, how that information is used, how we may share that information, and your rights in connection with your personal information. The Privacy Policy is incorporated by reference and made a part of this TOU.

Communications

When you visit our Site, use any of our Services, or send us an email, you expressly indicate your consent to electronically receive any and all communications, notices, and our disclosures that we may provide in connection with your use of the Site and/or Services, including, without limitation, e-mail, in-app, and in-website chat communications. All agreements, notices and communications that we provide to you by email will satisfy all legal requirements that they be in writing and delivered to you. Commodity.com will have the right to disclose any email sent by a User, or any objectionable material, to comply with legal process or to protect the rights or property of Commodity.com, its customers, suppliers and Users. Any such notices may also include emails with promotional, marketing, and advertising information and recommendations that we believe may be of interest to you, in accordance with applicable law. Consistent with federal CAN-SPAM or anti-spam laws, if you do not wish to receive commercial emails, you may unsubscribe following the instructions on any email, excepting that we may still send you administrative and transactional notices, including, without limitation, information about your Account or other services that may be necessary to provide you with any one of the Services.

If you provide your telephone number to us when you use Commodity.com Service on the Site, you expressly consent to receive autodialed or prerecorded calls and text messages from Commodity.com at that number. If a telephone number is a mobile telephone number, you hereby consent to receive SMS or text messages at that number. We may place such calls or texts to (i) notify you about your account and any use thereof; (ii) troubleshoot problems with your account; (iii) resolve disputes; (iv) contact you with offers and promotions; or (v) as otherwise necessary to service your account or enforce these TOU, our policies, applicable law, or any other agreement we may have with you. We will not share your phone number with third parties for their purposes without your consent. We may share your phone numbers with our Affiliates or with our service providers, such as customer support, billing or collections companies, who we have contracted with to assist us in pursuing our rights or performing our obligations under these TOU, our policies, applicable law, or any other agreement we may have with you. You agree these parties may also contact you using autodialed or prerecorded calls and text messages, as authorized by us to carry out the purposes we have identified above, and not for their own purposes. Standard telephone minute and text charges may apply.

You understand and consent that we may, in our discretion, monitor or record telephone conversations you or anyone acting on your behalf has with us or our agents for quality control and training purposes or for our own protection. You acknowledge and understand that, while your communications with us may be overheard, monitored, or recorded, not all telephone lines or calls may be recorded by us, and we do not guarantee that recordings of any particular telephone calls will be retained or retrievable.

Feedback

We welcome all feedback, ideas, inventions, materials, and suggestions (“Feedback”) from our Users regarding our Services. You understand and agree that Commodity.com does not waive any rights to use similar and/or related Feedback previously or contemporaneously known to it, whether developed by its employees, contractors, obtained from other sources, or submitted by other Users. Further, by submitting any Feedback, you grant us the right to use the Feedback without any restrictions on the use of such Feedback or any compensation to you.

Proprietary Rights

The Commodity.com Site and its content are protected by copyright, trademark and other proprietary laws.

Reporting Copyright Infringement. Commodity.com takes claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Site infringes your copyright, you may request removal of those materials (or access to them) from the Site by submitting written notification to our Copyright Agent (designated below). In accordance with applicable laws, including the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA“), if applicable, the written notice (the “DMCA Notice“) must include substantially the following:

Your physical or electronic signature.
Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the website, a representative list of such works.
Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
A statement that the information in the written notice is accurate.
A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

You may submit your DMCA Notice though our contact form.

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on this website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

Repeat Infringers. It is our policy in appropriate circumstances to disable access to this Site and/or terminate the accounts of Users who are repeat infringers of these TOU.

Services

Although Commodity.com may offer services in many parts of the world, certain Commodity.com services or features may not be available in or suitable for certain countries or locales and what is available on the Site where you are located may or may not be available in different countries or jurisdiction or may be presented differently. We reserve the right to discontinue or to make changes to, our Site and any of our Services at any time without advance notice.

DISCLAIMER OF WARRANTIES

THE SITE AND SERVICES ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. NO CONTENT ON OUR SITE IS INTENDED TO CONSTITUTE PROFESSIONAL ADVICE, WHETHER FINANCIAL, LEGAL OR OTHERWISE. YOUR USE OF THE SITE, THE WIDGETS AND SERVICES IS AT YOUR SOLE RISK. THE SITE, THE WIDGETS AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMMODITY.COM MAKES NO REPRESENTATION OR WARRANTY THAT THE SITE, THE WIDGETS OR SERVICES WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERRUPTED, SECURE, CURRENT OR ERROR-FREE, OR THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, THE WIDGETS, AND SERVICES WILL BE ACCURATE, TIMELY, USEFUL OR RELIABLE. TO THE GREATEST EXTENT PERMITTED BY LAW, COMMODITY.COM DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WITH RESPECT TO THE USE OF THE WIDGETS THE SITE, AND ITS SERVICES, OR THE ACCURACY, COMPLETENESS, TIMELINESS OR CURRENTNESS OF ITS CONTENT, IN ANY WAY AND FOR ANY PURPOSE.

EXCLUSION OF CONSEQUENTIAL DAMAGES

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL COMMODITY.COM BE LIABLE FOR ANY INCIDENTAL, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR INDIRECT DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE WIDGETS THIS WEBSITE OR ANY OF ITS SERVICES OR CONTENT, OR LOSS OF DATA, EVEN IF COMMODITY.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, PRODUCT LIABILITY, STRICT LIABILITY OR OTHERWISE.

EXCLUSION OF LIMITATIONS AND DISCLAIMERS

BECAUSE SOME JURISDICTIONS RESTRICT OR DO NOT ALLOW THE DISCLAIMER OF WARRANTIES, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR SOME OR ALL CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS COMMODITY.COM’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. REGARDLESS OF THE FOREGOING, COMMODITY.COM’S LIABILITY WILL NOT BE EXCLUDED OR LIMITED IN THE EVENT COMMODITY.COM IS DETERMINED TO HAVE ACTED IN A FRAUDULENT MANNER OR CAUSED DEATH OR PERSONAL INJURY DUE TO ITS NEGLIGENCE.

General

This TOU, and any applicable TOS, constitute the entire agreement between each User and Commodity.com governing the User’s access to and use of the Site and its Services, and supersede all prior agreements regarding its subject matter.

If you are a consumer, please note that this TOS, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland. If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

The failure by a User or Commodity.com to exercise any right or to enforce any provision of this TOU shall not constitute a waiver of such right or provision. If any provision of this TOU is found by a court of competent jurisdiction to be invalid or unenforceable, the court shall give effect to the intentions reflected in the provision to the degree possible, and the other provisions of this TOU will remain in full force and effect.

The parties have agreed that this contract and all related documents be drafted in English.