Disclaimer

PLEASE READ CAREFULLY.

THIS AGREEMENT DESCRIBES YOUR RIGHTS AND RESPONSIBILITIES.

1. Scope of Service: All contents of the Service are provided for information purposes only.

You agree that the Service should not be interpreted as investment advice. We do not provide personal investment advice. The technical research reports that comprise the Service are for informational purposes only and are provided without warranty of any kind. In no event will we be liable for any direct, indirect, consequential, or incidental damages arising out of any decision made or action taken by you in reliance on the Service, whether or not caused in whole or part by our negligence.

The trading of futures contracts and options on futures contracts involves risk and is not suitable for all potential users of the Service. You should be aware of the risks inherent in the energy futures markets. Past performance does not guarantee or imply future success. You cannot assume that profits or gains will be realized or that any recommendation made by the Service will be profitable. The purchase or sale of the futures and/or options described herein may result in the loss of some or all of any investment made. You assume the entire cost and risk of any investing, hedging and/or trading you choose to undertake.

THE RISK OF LOSS IN TRADING COMMODITY FUTURES CONTRACTS CAN BE SUBSTANTIAL. YOU SHOULD, THEREFORE, CAREFULLY CONSIDER WHETHER SUCH TRADING IS SUITABLE FOR YOU IN LIGHT OF YOUR CIRCUMSTANCES AND FINANCIAL RESOURCES.

All information provided by the Service is obtained from sources believed to be accurate and reliable. However, due to the number of sources from which information on the Service is obtained, and the inherent hazards of electronic distribution, there may be delays, omissions, or inaccuracies in such information. We do not warrant the accuracy, completeness, timeliness or utility of the information available through the service.

From time to time, personnel of ICAP Futures LLC or its affiliates (ICAP) may buy, hold, or sell a position in a futures or options contract discussed by the Service. All such transactions are conducted at market values.

2. Scope of Agreement: Under this Agreement ("Agreement"), ICAP Futures LLC or its affiliates (ICAP)("we", "our" or "us") furnishes on-line financial information and services (the "Service") to registered subscribers or authorized users ("you", "your" or "subscriber"). By selecting "I ACCEPT" when registering or if you use the Service, you agree to be bound by this Agreement. The term "use" means the use and availability of, access to, transmission to or from or any exchange of information or communication in connection with or arising from the Service.

This entire agreement between you and us, supersedes prior agreements regarding its subject matter. Whenever new products or services become available, your use of them will be under this Agreement unless we notify you otherwise. You must comply with any additional terms which apply to third-party content, software or other services. We may change this Agreement at any time as we desire. When the terms are changed, notice of the change(s) will be posted on our website or sent to you via electronic mail. Additionally, the new version of the Agreement will be posted on our web site for your review. By continuing to use the Service, you agree to be bound by the changes in the new version of the Agreement. If any change is not acceptable, you may terminate your subscription as described below.

3. Subscription Information: You will provide us with accurate and complete registration information and advise us promptly of any changes. If you do not, you will be in breach of this Agreement allowing us to immediately terminate your subscription and use of the Service. When you register, you will receive a user name and password which we may assign or allow you to select. You may not select a user name which violates anyone's rights or one, in our sole discretion, we consider offensive, improper or inappropriate. If you do, we can modify or delete it.

4. Copyright and Limitations on Use: The Service is the property of ICAP Futures LLC or its affiliates (ICAP) and may only be displayed, formatted and printed for your own use. You agree not to reproduce, distribute, sell, publish, broadcast, or circulate any information, charts, or drawings received through the Service to anyone without our prior written consent. You may not post any content from the Service to news groups, mail lists or electronic bulletin boards, without our prior written consent. Copying and/or electronic transmission of any content of the Service is a violation of copyright law.

You also agree that you will not give out log-ins and/or passwords. We will cancel any subscription, without refund, if we discover that a subscription account is being used by more than one person or firm, or if a log-in/password is given to another person or firm.

5. Failure to Access Service: You agree that we are not responsible for your inability to log-on to the Service, either because of poor Internet connections, incorrect typing of log-ins or passwords, and/or browser incompatibility. We will make every effort to ensure that our servers remain operational with adequate performance and response time. However, there may be times when our servers are down or response time is slow due to power outages, network problems, regular maintenance, or high traffic volumes. You agree that neither we, nor our suppliers, are responsible or liable, for any loss or damage caused by your inability to use or access the Service, whether or not caused in whole or part by our negligence.

6. Indemnification; Governing Law; Jurisdiction: You agree to defend, indemnify, and hold us, our employees, and other representatives harmless from and against all liabilities, damages, claims, actions, costs, expenses (including attorneys fees), in connection with or arising from your breach of this Agreement.

This Agreement is personal to you, and you may not assign your rights or obligations to anyone. If any provision of this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. This Agreement shall be deemed to have been made in the State of New York, and shall be governed by the laws of the State of New York, exclusive of its rules governing choice of law and conflict of laws. The parties expressly stipulate to jurisdiction in New York or the United States District Court, New York, as appropriate.

 

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