PLEASE READ THIS PRIVACY POLICY CAREFULLY BEFORE USING THIS WEBSITE

Last Updated: August 2019
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The Cocoa Merchants’ Association of America’s (“CMAA”) website (“Website”) is conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of this Website constitutes your agreement to follow and be bound by these terms of use (“Terms of Use”) and to comply with all applicable laws and regulations. In these Terms of Use, the words “you” and “your” refer to each visitor of this Website, the words “we”, “us”, and “our” refer to the CMAA, and “Services” refers to all products and services provided by us. The CMAA reserves the right to change the terms, conditions, and notices under which this Website is offered without prior notice to you. For that reason, it is your responsibility to review these Terms of Use periodically. If at any time you find these Terms of Use unacceptable or if you do not agree with these Terms of Use, please do not use this Website. If you have any questions about these Terms of Use, please contact us.

1. Privacy Policy. A complete statement of our current Privacy Policy is available. The CMAA’s Privacy Policy is expressly incorporated by reference into these Terms of Use.

2. The CMAA’s Documents. At any time, this Website may include, without limitation: market data; trade publications; pricing information; indices; research materials; newsletters; form documents, templates and agreements; legal opinions; guidelines; best practices; exercises; training materials; policy materials; and general information (each a “Document” and collectively, “Documents”). The CMAA makes no representations, warranties or guarantees, express or implied, as to the accuracy, completeness, timeliness, or continued availability of any Documents available through the Website. The CMAA has no obligation whatsoever to correct, supplement, update, or maintain any of the Documents available through this Website.

3. No Advice. The Documents are intended for general informational purposes only, and are not intended to provide, and do not constitute, investment, trading, tax, business, or legal advice to any individual or entity, Website visitors are urged to consult with their own advisors before taking action based on any Documents available through this Website or any website to which this Website links.

4. No Attorney-Client Relationship. The Documents are not intended to create an attorney-client relationship, and your use of such documents and information does not and will not create an attorney-client relationship between you and the CMAA.

5. Use of the Documents. If you use a Document from the is Website, the terms and conditions of these Terms of Use control. You understand and acknowledge that your use of a Document is neither legal advice, nor the practice of law, and that each Document and any applicable instructions or guidance is not customized to your particular needs. For use of data requests, please contact the CMAA using its contact information below.

6. License to Use. The CMAA hereby grants you a limited, personal, non-exclusive, non-transferable license to use our Documents solely for your own personal, noncommercial use. You acknowledge and agree that you have no right to copy, modify, edit, reproduce, recompile, create derivative works from, reverse engineer, alter, enhance, or in any way exploit any of the Documents in any manner.

7. Resale of the Documents Prohibited. You agree that any Documents that you use may only be used by you for your personal, noncommercial use and may not be sold, distributed, transferred, or otherwise made available to third parties without the express written consent of the CMAA.

8. Links to Third Party Websites. This Website contains links to websites controlled by parties other than the CMAA (each a “Third Party Website”). The CMAA is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services, or use of any Third Party Website, any website accessed from a Third Party Website, or any changes or updates to such websites. The CMAA makes no guarantees about the content or quality of the products or services provided by such websites. The CMAA is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the CMAA of the Third Party Website, nor does it imply that the CMAA sponsors, is affiliated or associated with, guarantees, or is legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the links. You acknowledge that you bear all risks associated with access to and use of the content provided on a Third Party Website and agree that the CMAA is not responsible for any loss or damage of any sort that you may incur from dealing with a third party.

9. Governing Law; Waiver of Jury Trial. These Terms of Use will be governed by and construed in accordance with the laws of the State of New York applicable to contracts made and to be performed in the state, without giving effect to the principles of conflicts of law. You hereby irrevocably: (a) submit to the jurisdiction of any court of the State of New York located in the City of New York or the U.S. District Court for the Southern District of the State of New York for the purpose of any suit, action, or other proceeding arising out of these Terms of Use, or your use of our Website, or any Document on our Website (each a “Proceeding”); (b) agree that all claims in respect of any Proceeding may be heard and determined in any such court; (c) waive, to the fullest extent permitted by law, any immunity from jurisdiction of any such court or from any legal process therein; (d) agree to commence any Proceeding other than in such courts; and (e) waive, to the fullest extent permitted by law, any claim that such Proceeding is brought in an inconvenient forum. Each party hereto hereby irrevocably waives any right that it may have to trial by jury in any Proceeding.

10. NO WARRANTY. THIS WEBSITE AND ALL MATERIALS, DOCUMENTS, OR INFORMATION PROVIDED ON OR THROUGH YOUR USE OF THIS WEBSITE ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, THE CMAA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE CMAA MAKES NO WARRANTY THAT: (A) THIS WEBSITE, MATERIALS, DOCUMENTS, OR INFORMATION PROVIDED HEREIN WILL MEET YOUR REQUIREMENTS; (B) THIS WEBSITE OR THE MATERIALS, DOCUMENTS, OR INFORMATION PROVIDED HEREIN WILL BE AVAILABLE ON AN UNITERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEBSITE OR ANY MATERIALS, DOCUMENTS, OR INFORMATION OFFERED THROUGH THIS WEBSITE OR APPLICATIONS, WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, DOCUMENTS, INFORMATION, OR OTHER MATERIALS OBTAINED BY YOU THROUGH THIS WEBSITE OR IN RELIANCE ON THE MATERIALS, DOCUMENTS, OR INFORMATION WILL MEET YOUR EXPECTATIONS. OBTAINING ANY MATERIALS, DOCUMENTS, OR INFORMATION THROUGH THE USE OF THIS WEBSITE IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. THE CMAA SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, DOCUMENTS, INFORMATION, OR SOFTWARE.

11. LIMITATION OF LIABILITY AND INDEMNIFICATION. EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD THE CMAA AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS’ FEES AND TRIAL OR ON APPEAL, IF ANY WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THESE TERMS OF USE, AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, EVEN IF THE CMAA HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF THE CMAA, IT WILL BE LIMITED TO ANY AMOUNTS PAID BY YOU TO RECEIVE THE CMAA’S PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMIATION OF PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMIATION OR EXCLUSION MAY NOT APPLY TO YOU.

12. Compliance with Intellectual Property Laws. When accessing this Website or using any Documents or information on this Website, you agree to obey all applicable laws and you agree to respect the intellectual property rights of others. Your use of this Website is at all times governed by and subject to laws regarding copyright, trademark, and other intellectual property ownership. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content in violation of the CMAA’s or any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit.

13. Linking to Our Website. You may link to content in our Website for informational purposes only as long as you agree to: (a) use a textual URL to link to content in our Website; (b) not use the CMAA’s logo without prior consent; (c) not frame or use any framing techniques to enclose any content on this Website; (d) not imply the CMAA’s affiliation or endorsement of your product or service; and (e) the CMAA reserving the right to request the removal of any links from your website.

14. Acknowledgement. By using the CMAA’s products or Services or accessing this Website, you acknowledge that you have read these Terms of Use and agree to be bound by them.

15. Our Contact Information. For any questions or concerns regarding these Terms of Use, please contact the CMAA at cmaa@cocoamerchants.com.

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