Access Agreement

This Access Agreement (“Agreement”) governs your access to and use of the Risk Report portal/website (the “Site”) provided by Pinion Risk Management LLC (“PRM,” “we,” “us”). By accessing or using the Site (or clicking “Accept”), you agree to this Agreement. If you do not agree, do not use the Site.

1) How this fits with your Services Agreement / Demo access

• Paid clients: If you have a master services/consulting agreement with us (a “Services Agreement”), this Agreement governs portal use. If there’s a conflict, the Services Agreement controls.
• Demo/trial users: If we give you demo/trial access (“Demo Access”), it is limited, temporary, and revocable. We may end or limit it at any time.

2) Your permission to use the Site

We give you a limited, non-exclusive, non-transferable right to access and use the Site and any reports/data/materials on it (“Content”) only for your internal business purposes and only as the Site is intended.

3) What you may not do

You will not (and will not allow others to):

• copy, publish, share, sell, sublicense, rent, or distribute the Site or Content except as reasonably necessary for your internal business purposes and only to your authorized employees/contractors who need access for your internal use;
• modify the Site/Content, create derivative works, or combine it with other software to build or improve a competing product/service;
• reverse engineer, decompile, or try to discover the Site’s source code, algorithms, or underlying methods;
• use bots/scrapers/automated tools, overload the Site, or bypass security/access controls; and
• use the Site other than in compliance with applicable laws and regulations.

4) Accounts, passwords, and responsibility

Access is limited to you and your authorized users (“Authorized Users”). You are responsible for:

• keeping login credentials confidential,
• all activity under your account, and
• promptly telling us if you suspect unauthorized access.

5) Ownership

We (and our licensors) own the Site and Content and all related intellectual property. No rights are granted except those expressly stated here.

6) Confidentiality

Treat the Site and Content as confidential. Do not share it outside your Authorized Users.

7) Privacy and monitoring

Our Privacy Policy and general Terms of Use (as posted/updated) apply and are incorporated by reference to the extent they don’t conflict with this Agreement or your Services Agreement. You agree that we may:

• use and share information as described in our Privacy Policy (including with employees, affiliates, regulators, and service providers who need it to help deliver services), and
• log and monitor Site access and use for security, compliance, and operations.

8) Important derivatives / risk disclosure

The derivatives-related risk and regulatory disclosures applicable to the Site are set forth in Exhibit A and are incorporated into this Agreement by reference.

9) No warranties; no reliance

• The Site and Content are provided “as is” and “as available.” We make no warranties (including accuracy, completeness, timeliness, security, or fitness for a particular purpose).
• The Site/Content are for informational purposes only and are not legal, tax, investment, trading, hedging, or insurance advice.
• You agree that errors or omissions will not be the basis of any claim against us.

10) Limits on our liability

If a Services Agreement applies, its limitation of liability provisions govern and control. If not, we are not liable for indirect, incidental, special, punitive, exemplary, or consequential damages. Our total liability will not exceed (i) fees paid for the services giving rise to Site access in the prior 12 months, or (ii) US $100 if Demo Access or other free access.

11) Suspension and termination

• Demo Access: We may suspend or terminate Demo Access (or limit features/users) at any time, with or without notice.
• Paid access: We may suspend or terminate paid access if you breach this Agreement, misuse the Site, or pose a security risk.

You may terminate by stopping use. On termination, you must stop using the Site and delete/destroy downloaded Content (unless law requires you to keep it). Key protections (ownership, confidentiality, disclaimers, liability limits, dispute terms) survive.

12) Changes to these terms

• Paid clients: Updates follow the Services Agreement’s amendment/notice process; continued use after notice means acceptance.
• Demo/standalone: We may update these terms by posting/notice; continued use after the effective date means acceptance.

13) Disputes; Kansas law; arbitration for demo/standalone

• If you have a Services Agreement: disputes follow that agreement’s dispute resolution terms (and those control if there’s a conflict).
• If you do not: Kansas law applies, and disputes will be resolved by binding AAA arbitration under AAA Commercial Rules, held in Kansas (or remotely by agreement). Either party may seek temporary injunctive relief in Kansas courts to prevent misuse or unauthorized disclosure.

14) Miscellaneous

You may not assign this Agreement without our consent. If part of this Agreement is unenforceable, the rest remains in effect. This Agreement (together with any applicable Services Agreement) is the entire agreement about Site access.

Exhibit A – Risk Disclosure

Futures and Options trading provided through Pinion Futures LLC (PF), a CFTC registered Introducing Broker and NFA Member (NFA #0284447). PF is a fully owned subsidiary of Pinion Risk Management LLC. Trading in commodities, futures, options or over-the-counter (OTC) derivatives entails significant risks which must be understood prior to trading. Clients may lose more than their initial investment. Options transactions carry a high degree of risk. Purchasers and sellers of options should familiarize themselves with the type of option (i.e. put or call), which they are contemplating trading and the associated risks including premium and all transaction costs and be aware that the exercise of a long option will result in a futures position. Selling futures and/or options or OTC derivatives leaves you vulnerable to unlimited risk. Pinion Risk Management LLC and Pinion Futures LLC use sources that they believe to be reliable, but they cannot warrant the accuracy of any of the data included on this website. No representations are made as to its informational accuracy or completeness. Past performance is not indicative of future results.

All information, communications, publications, and reports, including this specific website shall be construed as a solicitation for entering into a derivatives transaction. PF does not distribute research reports, employ research analysts, or maintain a research department as defined in CFTC Regulation 1.71.