In your general use of the Eminis.com web site, as well as in completing a registration and using an account with us., you agree to be bound by the following terms and conditions:

1. You understand and agree that Eminis.com's services are provided to general and registered users ("you" or "User" or, collectively, "Users") exclusively under these Terms of Service ("Terms"). In your general use of the web site, as well as by completing the registration process and using your account, you are stating that you are an adult (18 years or older), that you have read and understand the Terms and that you agree to be bound by the Terms in effect and as updated by Eminis.com from time to time.

All information contained on Eminis.com's web site is copyright of Eminis.com and shall not be reproduced or modified in any form or by any electronic, mechanical or other means whatsoever without prior permission in writing from Eminis.com.

2. We reserve the right to terminate any User's account if Eminis.com learns that such User has provided Eminis.com with false or misleading registration information or has violated the Terms.

3. Under our Privacy Policy, Eminis.com may disclose to third parties certain aggregate information contained in Users' registration applications, but Eminis.com will not disclose any individual User's name, address, email address or telephone number without such User's prior written consent, except to the extent necessary or appropriate to comply with applicable laws or in legal proceedings where such information is relevant.

4. Eminis.com may modify or discontinue its services or any User's account with or without notice to any User, without liability to any User or any third party.

5. You understand and agree that Eminis.com's services are provided "as is", on a wholly without warranty basis.

6. You are responsible for maintaining the confidentiality of your user id and password. You are responsible for all uses of your account, whether or not authorized by you. You agree to immediately notify Eminis.com of any unauthorized use of your account.

7. Eminis.com and/or third parties may, from time to time and if previously authorized to do so by Users, send email messages to Users containing advertisements, promotions, etc. Eminis.com makes no representation or warranty with respect to the content of any such email messages or any goods or services which may be obtained in response to such email messages and User agrees that this website and it's owners shall not have any liability whatsoever with respect thereto.

8. You agree that Eminis.com will have no liability for loss of personalization settings or for serving a personalized service to a User other than the User who registered the personalized service.

9. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF Eminis.com's SERVICES ARE AT YOUR SOLE RISK, THAT ANY INFORMATION MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF Eminis.com's SERVICES IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY USE OF SUCH DATA, INFORMATION OR ANY OTHER MATERIAL INCLUDING DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

10. Eminis.com EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

11. Eminis.com MAKES NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF Eminis.com'S SERVICES, REGARDING THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH Eminis.com's SERVICES, REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH Eminis.com's SERVICES, REGARDING ANY TRANSACTIONS ENTERED INTO THROUGH Eminis.com's SERVICES OR THAT Eminis.com's SERVICES WILL MEET ANY USER'S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE.

12. Eminis.com WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE Eminis.com's SERVICES, RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH Eminis.com's SERVICES, RESULTING FROM LOSS OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS OR DATA OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF Eminis.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

13. You agree to indemnify, defend and hold harmless Eminis.com, its affiliates, officers, directors, employees, consultants and agents from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys fees) arising from your use of Eminis.com's services, your violation of the Terms or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity.

14. These Terms will be governed by and construed in accordance with the laws of the State of Illinois, without giving effect to its conflict of laws provisions or your actual state, province or country of residence.

15. These Terms will enure to the benefit of Eminis.com's successors, assigns and licensees.

16. Any waiver of any provision of the Terms will be effective only if in writing and signed by Eminis.com.

17. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms to be unenforceable, that provision or portion shall be deemed severed from the Terms and the remainder of the Terms will continue in full force and effect.

18. These Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.
Special Contract Terms for Canadians:

Eminis.com online services are not directed at or made to residents of (or persons located in) any Canadian province. If you are a Canadian resident (or are currently located in Canada), your use of Eminis.com public homepage (www.Eminis.com) and its associated secondary pages is conditioned upon your warranty that:

Eminis.com did not directly or indirectly solicit, advertise to, initiate a communication with, or otherwise induce you to select or access the Eminis.com homepage or any of its associated secondary pages.

You have accessed Eminis.com homepage and/or associated secondary pages through random Internet sources, knowledge of Eminis.com gained through non-Internet sources (independent research, personal referral, etc.) and/or as a result of your efforts to gather general information relating to futures, options, and/or transactions involving commodities.

Any Canadian resident (or person located in Canada) hereby warrants and represents to Eminis.com that the above statements are true and correct. If the above statements are not true and correct, do not use this Site.