Last updated: February 15, 2017
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the grainapp.io website and mobile application (together, or individually, the "Service") operated by Sessa Inc. ("us", "we", or "our").
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who wish to access or use the Service.
By accessing or using the Service you agree to follow and be bound by these Terms. If you disagree with any part of the Terms then you do not have permission to access the Service.
By creating an Account on the Service, you agree to subscribe to newsletters, marketing or promotional materials, and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
Content and Account Information from Third Party Providers
Sessa Inc. provides information such as, but not limited to, general news, market data, educational material and other information concerning financial markets and securities from third party providers. When using products or services made available by third party providers through the Service, you agree to comply with and be bound by the Terms of Service agreements of the third party providers. While Sessa Inc. may use third party providers to provide you access to your personal brokerage accounts to view corresponding account positions, balances, and order history, or facilitate communication of messages that contain order information to brokerages services Sessa Inc. is NOT a broker-dealer, brokerage, brokerage service, advisor, or financial planner.
YOU ACKNOWLEDGE AND AGREE THAT WHEN SESSA INC. ACCESSES AND RETRIEVES ACCOUNT INFORMATION FROM THIRD PARTY PROVIDERS, SESSA INC. IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY.
No Recommendations or Investment Advice
This Site holds data, information, and content for informational, educational, and noncommercial purposes only. Under no circumstances should any information or materials presented on this Site be used or construed as an offer to sell, or a solicitation of an offer to buy, any securities, financial instruments, investments or other services. Sessa Inc. does not provide recommendations or offer investment advice of any kind. You are solely responsible for evaluating the merits and risks associated with the use of any content provided through the Service (generated by our users, third party providers, or other third party web sites or services) before making any decisions based on such content. You agree not to hold Sessa Inc. or its third party providers liable for any possible claim for damages arising from any decision you make based on the content or other information made available to you through the Service or third party provider websites. Past performance data should not be construed as indicative of future results.
Check the background of Third Party Trade LLC on FINRA's BrokerCheck.
User Content Posted on the Service
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.
By posting Content on or through the Service, you represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
You agree not to post, link, store, share, and otherwise make available any Content that:
a) Is abusive, defamatory, fraudulent, harassing, invasive of privacy or publicity rights, threatening, unlawful, or vulgar
b) Degrades, harasses, or intimidates any individual or group of individuals based on religion, gender, sexual orientation, race, ethnicity, age, or disability
c) Impersonates any person or entity, or misrepresents yourself or your affiliation with any person or entity
d) Constitutes unauthorized or unsolicited advertising, junk or bulk mail, chain letters, pyramid schemes, promotional materials, spam, or any other form of unauthorized solicitation
e) Contains software viruses or any other computer code, files or programs that are designed to interrupt, damage, destroy, or limit the function of any software, hardware, or telecommunications equipment
Sessa Inc. has the right but not the obligation to monitor, refuse, or delete any Content provided by users that it deems offensive, inappropriate, or for any other reason. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
You retain any and all of your intellectual and proprietary rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. However, by posting Content using the Service you grant us the right and license to use, reformat, translate, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.
You agree to not hold Sessa Inc. and/or third party providers liable in any way for i) any Content you may find offensive, inaccurate, misleading, or inappropriate, ii) any inaccuracy, error, or delay in, or omission of any Information, or the transmission or delivery of Information; iii) any loss or damage arising from or occasioned by any such inaccuracy, error, delay, or omission, iv) non-performance, v) interruption of Information due either to any negligent act or omission by Service Providers or providers/transmitters of Information or to any "force majeure" (i.e. flood, extraordinary weather conditions, or other act of God, action of government, power failure, or equipment or software malfunction) or any other cause beyond the reasonable control of Service Providers or the Information providers/transmitters. Any price quotes may be delayed 20 minutes or longer, according to the rules and regulations applicable to exchanges and third party providers.
Neither Sessa Inc. nor the third party providers make any representations. The views and opinions expressed in Content on the Service are those of the originating user, third party provider, third party web site or service, and do not necessarily reflect the official policy or position of Sessa Inc.. Sessa Inc. presents the information as a service to users and/or Customers, and makes no judgment, warranty, or promotion with respect to accuracy, timeliness, completeness or suitability of such information.
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third Party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
Links to Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by Sessa Inc.
Sessa Inc. has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Sessa Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Sessa Inc. and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Sessa Inc.
You agree to defend, indemnify and hold harmless Sessa Inc. and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.
Limitation of Liability
In no event shall Sessa Inc., nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Sessa Inc. its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
If you have any questions about these Terms, please contact us at [email protected]grainapp.io.