PLEASE READ THESE TERMS OF USE
CAREFULLY BEFORE USING THE SITE. DO NOT USE THE SITE IF YOU DO NOT AGREE TO BE
BOUND BY THE TERMS AND CONDITIONS SET FORTH HEREIN. YOUR USE OF THIS SITE CONSTITUTES YOUR IRREVOCABLE
ACCEPTANCE TO BE BOUND BY THE TERMS AND CONDITIONS HEREIN.
Welcome to SCS Commodities Corp.
website (the “Site”). Any reference to “SCS,” “we,” “us” or “our” below shall be
construed to mean SCS Commodities Corp.. The Site and the data, information,
products, materials, services and other content available on or through the Site
(collectively, the “Content”) is proprietary (and confidential, to the extent
such Content is password-protected) to SCS, its affiliates, vendors and service
providers, any persons specifically authorized by these parties and other third
parties and is protected by copyright, trade secret and other related
proprietary rights, including U.S. and international copyright and trademark
laws and treaties. You agree to not copy for non-personal use, publish, disclose
or otherwise distribute the information contained herein to third parties
without receiving prior written consent from SCS.
THE RISK OF LOSS IN TRADING COMMODITIES CAN BE SUBSTANTIAL. YOU SHOULD THEREFORE CAREFULLY CONSIDER WHETHER SUCH TRADING IS SUITABLE FOR YOU IN LIGHT OF YOUR FINANCIAL CONDITION. IN CONSIDERING WHETHER TO TRADE OR TO AUTHORIZE SOMEONE ELSE TO TRADE FOR YOU, YOU SHOULD BE AWARE OF THE FOLLOWING:
(1) IF YOU PURCHASE A COMMODITY OPTION, YOU MAY SUSTAIN A TOTAL LOSS OF THE PREMIUM AND OF ALL TRANSACTION COSTS.
(2) IF YOU PURCHASE OR SELL A COMMODITY FUTURE OR SELL A COMMODITY OPTION, YOU MAY SUSTAIN A TOTAL LOSS OF THE INITIAL MARGIN FUNDS AND ANY ADDITIONAL FUNDS THAT YOU DEPOSIT WITH YOUR BROKER TO ESTABLISH OR MAINTAIN YOUR POSITION. IF THE MARKET MOVES AGAINST YOUR POSITION, YOU MAY BE CALLED UPON BY YOUR BROKER TO DEPOSIT A SUBSTANTIAL AMOUNT OF ADDITIONAL MARGIN FUNDS, ON SHORT NOTICE, IN ORDER TO MAINTAIN YOUR POSITION. IF YOU DO NOT PROVIDE THE REQUIRED FUNDS WITHIN THE PRESCRIBED TIME, YOUR POSITION MAY BE LIQUIDATED AT A LOSS, AND YOU WILL BE LIABLE FOR ANY RESULTING DEFICIT IN YOUR ACCOUNT.
(3) UNDER CERTAIN MARKET CONDITIONS, YOU MAY FIND IT DIFFICULT OR IMPOSSIBLE TO LIQUIDATE A POSITION. THIS CAN OCCUR, FOR EXAMPLE, WHEN THE MARKET MAKES A "LIMIT MOVE."
(4) THE PLACEMENT OF CONTINGENT ORDERS BY YOU OR YOUR TRADING ADVISOR, SUCH AS A "STOP-LOSS" OR "STOP-LIMIT" ORDER, WILL NOT NECESSARILY LIMIT YOUR LOSSES TO THE INTENDED AMOUNTS, SINCE MARKET CONDITIONS MAY MAKE IT IMPOSSIBLE TO EXECUTE SUCH ORDERS.
(5) A "SPREAD" POSITION MAY NOT BE LESS RISKY THAN A SIMPLE "LONG" OR "SHORT" POSITION.
(6) THE HIGH DEGREE OF LEVERAGE THAT IS OFTEN OBTAINABLE IN COMMODITY TRADING CAN WORK AGAINST YOU AS WELL AS FOR YOU. THE USE OF LEVERAGE CAN LEAD TO LARGE LOSSES AS WELL AS GAINS. IN SOME CASES, MANAGED COMMODITY ACCOUNTS ARE SUBJECT TO SUBSTANTIAL CHARGES FOR MANAGEMENT AND ADVISORY FEES. IT MAY BE NECESSARY FOR THOSE ACCOUNTS THAT ARE SUBJECT TO THESE CHARGES TO MAKE SUBSTANTIAL TRADING PROFITS TO AVOID DEPLETION OR EXHAUSTION OF THEIR ASSETS.
THIS BRIEF STATEMENT CANNOT DISCLOSE ALL THE RISKS AND OTHER SIGNIFICANT ASPECTS OF THE COMMODITY MARKETS. YOU SHOULD THEREFORE CAREFULLY STUDY COMMODITY TRADING BEFORE YOU TRADE.
THE INFORMATION, PRODUCTS AND
SERVICES DESCRIBED ON THIS SITE ARE NOT INTENDED FOR DISTRIBUTION TO, OR USE BY,
AND ARE IN PARTICULAR NOT DIRECTED TO, ANY PERSON OR ENTITY IN ANY JURISDICTION
OR COUNTRY WHERE (BY REASON OF THAT PERSON’S NATIONALITY, RESIDENCE OR
OTHERWISE) SUCH DISTRIBUTION OR USE WOULD BE PROHIBITED OR CONTRARY TO ANY LAW
OR REGULATION OR WOULD OBLIGATE US TO COMPLY WITH ANY ADDITIONAL LAW,
REGULATION, REGISTRATION OR SIMILAR REQUIREMENT WITHIN SUCH JURISDICTION OR
COUNTRY. PERSONS IN RESPECT OF WHOM SUCH PROHIBITIONS APPLY MAY NOT ACCESS THIS
SITE. NOT ALL PRODUCTS OR SERVICES OFFERED BY SCS ARE AVAILABLE OR OFFERED IN
ALL JURISDICTIONS.
I. TERMS AND CONDITIONS
By accessing, viewing or using the
Content you indicate that you understand and intend these Terms of Use to be the
legal equivalent of a signed, written contract and equally binding, and that you
accept these Terms of Use and agree to be legally bound by them.
The Site is offered to you
conditioned on your acceptance without modification of the terms, conditions,
and notices contained herein. Your use of the Site constitutes your agreement to
and understanding of all such terms, conditions, and notices. We reserve the
right to change, at our discretion, the terms, conditions, and notices under
which the Site and the information and services offered through the Site are
offered without further notice to you. Your continued use of the Site will
signify your agreement with and understanding of any additional or modified
terms, conditions or notices applicable to the Site.
While we use reasonable efforts to
update the information on the Site, we make no representations or warranties as
to the accuracy, reliability, timeliness or completeness of any information at
the Site. Any Content at the Site is subject to change without notice. While the
information contained on the Site has been obtained from sources believed
reliable, neither we nor any information provider that we use guarantee that the
information on the Site is accurate, timely, valid or complete or make any
warranties, express or implied, with regard to the results that have or may be
obtained from its use.
II. LICENSE
The Site and the Content are provided
by us as a service to you. In order to access and use the Site, you are granted
a limited, nonexclusive, revocable and nontransferable license to use the Site
conditioned on your continued compliance with these Terms of Use.
You may not modify, copy, distribute,
broadcast, transmit, display, reproduce, publish, license, create derivative
works from, transfer, sell or otherwise use, in any medium, any information,
products, services or material obtained from or through the Site, except you
may, for your sole personal use and information, access, use and store the
Content or any portion thereof solely for your own personal, and not commercial,
purposes. Any personal copy of the information contained on this Site shall
retain all copyright and other such notices. As a further condition of use of
the Site, you warrant to us that you will not use the Site for any purpose that
is unlawful or prohibited by these Terms of Use and you will comply with any
applicable local, state, national, or international laws or regulations when
using the Site. You are prohibited from violating or attempting to violate the
security of the Site. You may not create a third party link to this Site without
prior written consent from SCS Commodities.
Nothing at the Site shall be
construed as granting, by implication, estoppel or otherwise, any license or
right to use any image, trademark, logo or service mark at the Site. No act of
downloading, storing, accessing, using, or otherwise copying from the Site will
transfer title to any software or material at the Site to you. You may not
decompile, reverse engineer, disassemble, or otherwise reduce any computer files
obtained from the Site to a human-perceivable form. Anything that you transmit
to the Site becomes our property, may be used by us for any lawful purpose
(subject to any further agreement between us and you), and is further subject to
disclosure as deemed appropriate by us, including to any legal or regulatory
authority to which we are subject. We reserve all rights with respect to
copyright and trademark ownership of all material at the Site, and will enforce
such rights to the full extent of the law.
III. USE OF SITE
The information on the Site is intended for informational purposes only. We do not provide recommendations, investment advice or any other advice to you or any other party through the Site, and no information or material at the Site is to be relied upon for the purpose of making or communicating investment or other decisions. Nothing on this Site is intended to be, nor should it be construed or used as, financial, legal, tax or investment advice, be an opinion of the appropriateness or suitability of any investment, or intended to be an offer, or the solicitation of any offer, to buy or sell any security.. No such offer or solicitation may be made prior to the delivery of appropriate offering documents to qualified investors.
The Content is as of the date(s)
indicated and is not a complete description of any investment, strategy or other
product or services offered by SCS Commodities Certain of the Content, including
investment returns, valuations, targets and strategies, may be supplied by third
parties, and although believed to be reliable, has not been independently
verified and its completeness and accuracy cannot be guaranteed. No warranty,
express or implied, representation or guarantee is made as to the accuracy,
validity, timeliness, completeness or suitability of the Content, including the
third party Content.
Any performance information is net of
applicable fees unless otherwise noted. There can be no assurance that the return or
volatility targets will be met, or met over any particular time horizon, and
different investment managers or advisors may differ on the likelihood or
otherwise of achieving the target return or volatility range. Performance may
fluctuate, especially over short periods. Targeted returns should be evaluated
over the time period indicated and not over shorter periods. Targeted returns
are not intended to be actual performance and should not be relied upon as an
indication of actual or future performance.
No representation is made that any
investor or fund will or is likely to achieve its objectives, or that any
investment strategy or risk management will be successful or that any investor
of fund will or is likely to achieve results comparable to any shown or will
make any profit or will be able to avoid incurring losses. Past performance is
no guarantee of future results.
Any assumptions, assessments,
statements or the like (“statements”) regarding future events or that are
forward-looking constitute only subjective views, outlooks, estimations or
intentions, are based upon the author’s or source’s expectations ,intentions or
beliefs, should not be relied on, are subject to change due to a variety of
factors, including fluctuating market conditions, and involve inherent risks and
uncertainties, both general and specific, many of which cannot be predicted or
quantified and are beyond SCS’s control. Such risks and uncertainties include,
without limitation, the adverse effect from a decline in the securities markets,
a general downturn in the economy, competition from other companies, changes in
governmental policy or regulation, inability to attract or retain key employees,
or inability to implement our strategies. Future evidence and actual results
could differ materially from those set forth in, contemplated by, or underlying
these statements. In light of these risks and uncertainties, there can be no
assurance and no representation is given that these statements are now or will
prove to be accurate or complete in any way.
IV. PRIVACY POLICY
We consider your personal data to be
private. You acknowledge that you have read and agreed to SCS Commodities’
general privacy policy posted on the Site. All information collected in the
course of your using the Site (including your qualification as a User of the
Site) or otherwise, including any individual logging or click-stream data
gathered in the course of navigating the Site, is strictly for internal purposes
and will be kept confidential, subject to applicable law. We may capture and
record information on our server logs from your browser when you interact and
use the Site including your IP address, cookie information and the page(s) you
request regarding your IP address generally for use in administering the Site,
customizing the Content you see, fulfilling your requests for certain services
and information, and contacting you. Cookies are alphanumeric identifiers that
we may transfer to your computer hard drive through your Web browser to enable
our systems to recognize that browser. Your IP address may be used to help
identify you and your patterns and processes and to gather broad demographic and
current interest information that we may then use for generic reports posted on
the Site.
As part of the process to give you
access to the password-protected parts of the Site, we may collect contact
information, unique identifiers, financial information and other information.
This information is used to qualify you as a User and may also be used to send
Users relevant and timely information. You may at any time opt out of receiving
communications except for those essential to your use of the Site and to the
administration of your Site usage, if any, with SCS and for regulatory
requirements, including possible annual requalification requirements.
You additionally have the option to
remove all personal information from the Site’s database and not to receive
future communications or to forgo the Site’s information and services altogether
by either sending an email to
webmaster@scscommodities.com.
V. CONFIDENTIALITY ON INTERNET
Use of the Internet is solely at your
own risk and is subject to all applicable local, state, national, and
international laws and regulations. While we have endeavored to create a secure
and reliable Site, please be advised that the confidentiality of any
communication or material transmitted to/from the Site over the Internet cannot
be guaranteed.
Accordingly, we are not responsible
for the security of any information transmitted via the Internet or for the
consequences of any reliance on such information. You assume the sole and
complete risk for using the Site and must make your own determination as to
these matters.
VI. SECURITY OF SITE
Actual or attempted unauthorized use
of the Site may result in criminal and/or civil prosecution. For your
protection, we reserve the right to view, monitor, and record activity on the
Site without notice or permission from you. Any information obtained by
monitoring, reviewing, or recording is subject to review by appropriate
governmental, regulatory and law enforcement organizations in connection with
applicable law, including the investigation or prosecution of possible criminal
activity on the Site. We will also comply with all lawful court orders and
governmental, regulatory and law enforcement requests involving such
information.
VII. EVENTS BEYOND OUR CONTROL
You expressly absolve and release Us
and Our Affiliates from any claim of harm resulting from a cause beyond our
control, including, but not limited to, failure of electronic or mechanical
equipment or communication lines, telephone or other interconnect problems,
computer viruses, unauthorized access, theft, operator errors, severe weather,
earthquakes, or natural disasters, strikes or other labor problems, wars,
terrorist attacks, or governmental restrictions.
VIII. ADDITIONAL DISCLAIMERS AND
DISCLOSURES
THE CONTENT IS PROVIDED ON AN “AS IS”
AND “AS AVAILABLE” BASIS. THE CONTENT HAS BEEN GATHERED AND DERIVED FROM SOURCES
BELIEVED TO BE RELIABLE, HOWEVER WE HAVE NOT INDEPENDENTLY VERIFIED THE
INFORMATION AND MAKE NO REPRESENTATION OR WARRANTY, EXPRESSED OR IMPLIED, OF ANY
KIND WHATSOEVER, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW,
INCLUDING REGARDING THE ACCURACY, TIMELINESS, VALIDITY OR COMPLETENESS OF THE
INFORMATION, INCLUDING WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE,
MERCHANTABILITY OR NON-INFRINGEMENT OR THAT THE CONTENT WILL REMAIN
UNINTERRUPTED. WHILE WE MAKE NO COMMITMENT TO UPDATE THE CONTENT, WE RESERVE THE
RIGHT TO MAKE CHANGES AND CORRECTIONS AT ANY TIME, WITHOUT NOTICE. WE RESERVE
THE RIGHT TO MAKE UNAVAILABLE AT ANY TIME THIS SITE OR THE CONTENT. THIS SITE
AND ITS CONTENT ARE OUR PROPERTY AND/OR OUR VENDORS, DATA PROVIDERS AND/OR OTHER
THIRD PARTY SOURCES, AND IS PROTECTED BY COPYRIGHT, TRADE SECRET AND OTHER
INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS.
WE FURTHER ASSUME NO RESPONSIBILITY,
AND MAKE NO WARRANTIES, THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT
DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT
AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE AND OUR
AFFILIATES SHALL NOT BE LIABLE FOR ANY DAMAGES TO, VIRUSES THAT MAY INFECT, OR
SERVICES, REPAIRS OR CORRECTIONS THAT MUST BE PERFORMED, ON YOUR COMPUTER OR
OTHER PROPERTY ON ACCOUNT OF YOUR ACCESSING OR USE OF THE 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.
THE INFORMATION ON THE SITE IS
INTENDED FOR INFORMATIONAL ONLY. WE AND OUR AFFILIATES SHALL NOT BE LIABLE FOR
ANY INVESTMENT DECISIONS, ADVICE, LOSS OF PROFITS, COSTS OR ANY OTHER INDIRECT
DAMAGES RELATING TO THE SUITABILITY, ADEQUACY, VALIDITY, ACCURACY, TIMELINESS,
DELAY, COMPLETENESS OR USE OF ANY INFORMATION ON THE SITE. WHILE WE MAKE NO
COMMITMENT TO UPDATE THE CONTENT, WE RESERVE THE RIGHT TO MAKE CHANGES AND
CORRECTIONS AT ANY TIME, WITHOUT NOTICE. WE RESERVE THE RIGHT TO MAKE
UNAVAILABLE AT ANY TIME THIS SITE OR THE CONTENT. WE ALSO DO NOT OFFER ADVICE
REGARDING THE QUALITY OR SUITABILITY OF ANY INVESTMENT THROUGH THE SITE.
WITH RESPECT TO THE PERFORMANCE DATA
PRESENTED ON THE SITE, YOU SHOULD NOTE THAT PAST PERFORMANCE IS NOT NECESSARILY
AN INDICATION, AND IS NOT A GUARANTEE, OF FUTURE PERFORMANCE.
UNAUTHORISED USE OF ANY MATERIAL
CONTAINED ON THE SITE MAY VIOLATE COPYRIGHT LAWS, TRADEMARK LAWS, TRADEMARK
LAWS, TRADE SECRET LAWS, THE LAWS OF PRIVACY AND PUBLICITY, AND OTHER
REGULATIONS AND STATUTES.