Disclaimer 

 

These Terms and Conditions (“Terms and Conditions”) set out the provisions pursuant to which a visitor or user of this website (“User”) is entitled to access the documents and information contained on this website (collectively, “Documents”). By clicking “I Agree,” and accessing the Documents, User agrees to be bound by and abide by these Terms and Conditions, and further agrees that the electronic acceptance is intended to have the same force and effect as if these Terms and Conditions were physically signed.

1. The Documents contained in this website were neither planned nor executed in contemplation of the considerations of any specific potential user of this website; therefore, items of specific interest to any User may not be addressed in the information contained herein, and the Documents do not, and should not be considered to, contain a complete statement of all matters that may be material or relevant to a User.  Users must make their own independent inquiries regarding the economic value or other opportunities provided by Grain Belt Express.

2. Certain Documents were prepared by The Brattle Group, Inc. (“Brattle”) in connection with the Grain Belt Express Open Solicitation process. The analysis, forecasts and values presented in those Documents: (i) are based in part on information supplied by Grain Belt Express LLC and other sources which may or may not have been independently verified by Brattle, and (ii) may be based on assumptions regarding conditions that may exist or to events that may occur in the future. They also must be considered in light of other uncertainties over which no one has control. Actual future outcomes are significantly dependent upon future events that are outside Grain Belt Express LLC’s and Brattle’s control, and therefore may differ, perhaps materially, from those forecasted in any analyses included in the Documents.

3. Neither Grain Belt Express LLC nor Brattle, nor any of their respective representatives: (i) make any representations or warranties, express or implied, of any kind, including but not limited to the accuracy or completeness of the Documents or guarantee of any result; (ii) shall have any liability to anyone relating to or resulting from the use of or reliance on the Documents, or from any errors or omissions in the Documents. UNDER NO CIRCUMSTANCES SHALL EITHER GRAIN BELT EXPRESS LLC OR BRATTLE, OR THEIR RESPECTIVE REPRESENTATIVES, BE LIABLE TO USER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITY, LOSS OF REVENUES) EVEN IF EITHER GRAIN BELT EXPRESS LLC OR BRATTLE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. Without limiting the application of the foregoing, User also hereby releases Grain Belt Express LLC and Brattle from any claims for any of the foregoing. 

4. User shall: (i) use and make copies of the Documents and the information contained herein only for the purpose of the Grain Belt Express Open Solicitation process, and not for any other purpose; (ii) not disclose the Documents to any third person, except for those of User’s representatives for whose actions regarding the Documents and compliance with these Terms and Conditions User takes full responsibility, and except as required by applicable law, regulation (including, without limitation, any rule, regulation or policy statement of any organized securities exchange, market or automated quotation system on which any such person’s securities are listed or quoted) or legal or judicial process; (iii) not remove or obscure disclaimers that appear on and of the Documents and copies thereof; and (iv) advise Grain Belt Express LLC and Brattle immediately orally and promptly in writing of any unauthorized disclosure or use of any Documents.

5. This website contains links to websites operated by third parties, which are provided for User’s information and convenience only. Grain Belt Express LLC and Brattle make no warranty or representation regarding any linked websites or any information appearing thereon, and hereby disclaim liability for any information, materials, products or services posted or offered at any such site. If User decides to visit any linked site, User does so at its own risk. User agrees that neither Grain Belt Express LLC nor Brattle, nor their respective representatives or service providers shall have any liability whatsoever to User for any such third party material, data or information.

6. In using this website, User agrees not to disrupt or interfere with the security of, or otherwise abuse, this website, not to use or attempt to use or access another person’s account on this website, and not to attempt to obtain unauthorized access to the site or portions of this website which are restricted from general access. Neither Grain Belt Express LLC nor Brattle makes any warranty that your use of this site or the materials will be uninterrupted, timely, secure, or error free, or that defects, if any, will be corrected, and accordingly Grain Belt Express LLC and Brattle shall have no liability for any damages that User may suffer, including but not limited to losses from delays, non-deliveries of content or any communications, errors, system down time, network or system outages, or service interruptions whether caused by the negligence of Grain Belt Express LLC, Brattle or otherwise.

7. User acknowledges and agrees that these Terms and Conditions are supported by reasonable and valuable consideration, the receipt of which is hereby acknowledged, including, without limitation, User’s use of this website, receipt of Documents, and the possibility of Grain Belt Express’s review of any information submitted by User through this website.

8. These Terms and Conditions will be governed by the laws of the state of Illinois and User hereby consents to the laws of the state of Illinois in connection with any action or proceeding that arises from or relates to User’s use of the website. User hereby waives any right it might have to personal service of summons, complaint, or other process in connection therewith, and agrees that service of process may be made by registered or certified mail addressed to User at its last known address. User hereby waives its right to a jury trial.

9. The names, marks, service marks, trade names, logos, and other indications of origin of Grain Belt Express LLC and Brattle or their respective affiliates displayed within this website are owned by Grain Belt Express, Brattle or their respective affiliates, as applicable.  Users shall not use such names or marks without the express written consent of Grain Belt Express or Brattle, as applicable.
12. User is responsible for safeguarding and maintaining the confidentiality of User’s username(s), password(s), and account(s), as well as all activities that occur under Visitor’s account(s). User hereby agrees to indemnify, defend, and hold Grain Belt Express LLC, Brattle, their affiliates and its and their respective licensors, licensees, distributors, agents, representatives and other authorized users, and each of the foregoing entities' respective resellers, distributors, service providers and suppliers, and all of the foregoing entities’ respective officers, directors, owners, employees, agents, representatives and assigns harmless from and against any and all losses, damages, liabilities and costs (including, without limitation, settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the indemnified in connection with any claim arising out of any breach by User of these terms of use or claims arising from User’s account(s).