1. Modifications to Service
Green Plains reserves the right at any time and from time to time to modify or discontinue the availability of the Site (or any part thereof), temporarily or permanently, with or without notice to you. You agree that Green Plains will not be liable to you for any modification, suspension or discontinuance of the availability of the Site.
2. Termination of Service
You agree that Green Plains, in its sole discretion, may terminate your use of the Site, and remove and discard any content within the Site, for any reason, including, without limitation, our belief that you have violated or acted inconsistently with the letter or spirit of these terms. You agree that any termination of your access to the Site under any provision of these terms may occur without prior notice to you, and you also agree that Green Plains will not be liable to you for any termination of your access to the Site.
3. Intellectual Property
All content of this Site is the property of Green Plains or its content suppliers, and is protected by United States and international copyright laws. The compilation of the content on this Site is the exclusive property of Green Plains, and is likewise protected by U.S. and international copyright laws.
4. Limited License to Use the Site
Green Plains grants you a limited license to access and use the Site for its intended purposes.
5. No Use of the Site for Prohibited Content
You agree not to use the Site to transmit any content that is: (1) unlawful under the laws of any jurisdiction to which you or Green Plains are subject; (2) harmful, threatening, harassing, defamatory, invasive of the privacy of another, or obscene (including without limitation any images or depictions of child abuse, child pornography, or minors engaged in sexual conduct or explicitly sexual situations); (3) insider information, or any other proprietary or confidential information; (4) an infringement of any patent, trademark, trade secret, copyright or other intellectual property right; (5) falsified, including without limitation the use of forged headers or otherwise manipulated identifiers in order to disguise its origin; or (6) containing or transmitting software viruses or any other malicious computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software. You agree to indemnify and hold harmless Green Plains from any liability incurred as the result of your violation of these terms.
6. Disclaimer of Warranties and Limitation of Liability
YOU AGREE THAT THE SITE IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Green Plains does not warrant that the Site will be available at any given time, secure, or free of error. You use the Site at your own risk, and you assume the risk that any material downloaded by you from the Site may cause loss of data or damage to your computer system.
YOU UNDERSTAND AND AGREE THAT IN NO EVENT WILL GPRE BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES, EVEN IF GREEN PLAINS IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS OR FOR ANY OTHER SPECIAL, CONSEQUENTIAL, EXEMPLARY OR INCIDENTAL DAMAGES, HOWEVER CAUSED, WHETHER BASED UPON CONTRACT, NEGLIGENCE, STRICT LIABILITY IN TORT, WARRANTY, OR ANY OTHER LEGAL THEORY. THE PARTIES INTEND THAT THIS LIMITATION SHOULD APPLY EVEN IF IT CAUSES ANY WARRANTY TO FAIL OF ITS ESSENTIAL PURPOSE.
7. Choice of Law and Forum Selection
You agree that any claims arising out of or related in any way to your use of the Site will be subject to the laws of the State of Iowa and of the United States of America, and you hereby consent to jurisdiction and venue in the courts located in the State of Iowa.
8. Severability and Waiver
The invalidity of any term or provision of these terms will not affect the validity of any other provision. Waiver by GPRE of strict performances of any provision of these terms will not be a waiver of or prejudice Green Plain's right to require strict performance of the same provision in the future or of any other provision of these terms.