Terms of Use

Last modified: December 31, 2019

By accessing this web site www.gpreinc.com (“Website” or “Site”), you are agreeing to be bound by these Site Terms of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this Site.

Green Plains Inc. (“Green Plains,” “we,” “us” or “our”) uses cookies to understand how you use our Site and to improve your experience. This includes personalizing content and advertising. By continuing to use this Site, you accept our use of cookies, these Terms of Use and the contents of our Privacy Policy.

Please see our Privacy Policy for important information about the types of data we collect, how we collect and use your data, with whom we share such data and the purposes for which we share it, and your rights and choices about how we use and disclose your information.

License

Green Plains Inc. owns and operates the Site. The documents and other information and content available on the Site (the “Site Content”) are protected by copyright laws. Green Plains grants you a limited license (“License”) for the sole purpose of reviewing the Site Content as a current or potential customer, current or potential business partner, current or potential investor of Green Plains or an applicant for employment. All copyright and other proprietary notices on any Site Content must be retained on any copies. Any unauthorized reproduction or modification, distribution, or performance of any Site Content is strictly prohibited. Green Plains reserves all rights not expressly granted in these Terms of Use.

Under this License you may not:

  1. modify the materials;
  2. attempt to decompile or reverse engineer any software contained on the Site;
  3. remove any copyright or other proprietary notations from the materials; or
  4. transfer the materials to another person or “mirror” the materials on any other server.

This License shall automatically terminate if you violate any of these restrictions and may be terminated by Green Plains at any time. Upon terminating your viewing of these materials or upon the termination of this License, you must destroy any downloaded materials in your possession whether in electronic or printed format.

Trademarks

Green Plains’ name and other related graphics, logos and trade names used on the Site are the trademarks of Green Plains and may not be used without permission in connection with any third party products or services. Other trademarks and trade names that may appear on the Site are the property of their respective owners.

Forward Looking Statements

The statements on the Site that relate to future events, Green Plains’ expectations or Green Plains’ future financial or operating performance are forward-looking statements.  Green Plains has attempted to identify forward-looking statements by using words such as “anticipates,” “believes,” “could,” “estimates,” “expects,” “intends,” “may,” “plans,” “potential,” and “predicts,” or the negative of these words. These statements are only predictions and involve known and unknown risks, uncertainties and other factors that may cause Green Plains or Green Plains’ industry’s actual results and performance to be materially different from those expressed or implied by these statements. These forward-looking statements represent Green Plains’ judgment as of the date of posting. Green Plains disclaims, however, any intent or obligation to update these forward-looking statements. In addition, please see Green Plains Annual Report on Form 10-K under the caption “Risk Factors” for further risks facing Green Plains. You can access Green Plains’ latest Annual Report on Form 10-K from.

Press Releases

The information contained within press releases issued by Green Plains should not be deemed accurate or current except as of the date the release was posted. Green Plains has no intention of updating, and specifically disclaims any duty to update, the information in the press releases. To the extent any information therein is forward-looking, it is subject to material risk. See “Forward-Looking Statements” above.

WARRANTY DISCLAIMER

GREEN PLAINS IS PROVIDING THE SITE AND THE SITE CONTENT ON AN “AS IS, WHERE IS” BASIS FOR USE AT YOUR OWN RISK. GREEN PLAINS DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND QUIET ENJOYMENT. GREEN PLAINS DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE SITE CONTENT OR THE INFORMATION PROVIDED ON THE SITE. INFORMATION ON THIS SITE MAY NOT BE CURRENT AT THE MOMENT YOU VISIT THIS SITE AND MAY CONTAIN ERRORS.

LIMITATION OF LIABILITY

IN NO EVENT SHALL GREEN PLAINS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITE OR THE SITE CONTENT, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT GREEN PLAINS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ON ANY THEORY OF LIABILITY. GREEN PLAINS’ TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS OF USE, THE SITE, OR THE SITE CONTENT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED FIFTY DOLLARS ($50). THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM SHALL BE PERMANENTLY BARRED.

Waiver and Severability

No waiver by Green Plains of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Green Plains to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Governing Law and Jurisdiction

All matters relating to the Site and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Nebraska without giving effect to any choice or conflict of law provision or rule (whether of the State of Nebraska or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Nebraska in each case located in the City of Omaha and County of Douglas. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Geographic Restrictions

The owner of the Website is based in the state of Nebraska in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Revisions and Errors

The materials appearing on Green Plains’ web site could include technical, typographical, or photographic errors. Green Plains does not warrant that any of the materials on its web site are accurate, complete, or current. Green Plains may make changes to the materials contained on its web site at any time without notice. Green Plains does not, however, make any commitment to update the materials.

Links

Green Plains has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Green Plains of the site. Use of any such linked web site is at the user’s own risk.

Terms of Use Modifications

Green Plains may revise these Terms of Use for its Website at any time without notice. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. By using this Website you are agreeing to be bound by the then current version of these Terms and of Use.

Your Comments and Concerns

This Website is operated by Green Plains Inc., 1811 Aksarben Drive in Omaha, Nebraska 68106.  All notices should be sent to the Chief Legal and Administration Officer at the address noted above.  All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: privacy@gpreinc.com

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