Acceptance; Usage

You are currently viewing a page of a website accessed through the Internet domain www.tellusmarkets.com and/or related domains (“Site”) that is owned and operated by Tellus Markets Corporation and/or its affiliates (“Tellus Markets”). By accessing, viewing, caching or storing the Site you will be deemed to have agreed to all the terms, conditions and notices contained herein. If you do not so agree, please discontinue using the Site immediately.

Without the express written permission of Tellus Markets, no material from this Site may be (i) copied, reproduced, posted, or distributed in any way, except that you may download one copy of any materials on any single computer for your personal non-commercial use only provided that you do not modify or alter the materials in any way, nor delete or change any copyright or trademark notice, or (ii) modified or used for any other purpose or on any other website or electronic medium, including without limitation linking to or from the Site, framing pages, or placing Tellus Markets brand features on another website.

Linking

Websites that wish to link to the Site may include a link to "www.tellusmarkets.com." However, deep linking to this domain is not allowed without Tellus Markets’ prior written consent. Tellus Markets will consider link requests from the Site to non-Tellus Markets websites upon request, but reserves the right to refuse linking for any reason. Links to other websites are used by you at your own risk; Tellus Markets is not in a position to and does not seek to monitor or verify the content, accuracy, opinions expressed and other links provided by these sites in any way and is not liable for any aspect of such sites or any consequence arising from your use of those sites.

Framing

The framing of Site pages is not allowed without prior written consent of Tellus Markets.

No Warranty

The information and materials contained in the Site are provided on an "as is" and "as available" basis. While Tellus Markets strives to provide accurate and timely information, there may be inadvertent inaccuracies, errors and omissions, for which we apologize. However, Tellus Markets does not warrant the accuracy, adequacy or completeness of the information and materials and expressly disclaims liability for errors or omissions therein. No warranty of any kind, implied, express or statutory, including but not limited to warranties of non-infringement of third-party rights, title, merchantability, fitness for a particular purpose and freedom from computer virus, is given in conjunction with the information and materials or the Site. We reserve the right to make changes and corrections at any time, without notice.

No Liability

In no event and under no theory of applicable law or regulation will Tellus Markets be liable for any damage, loss, claim or demand, including without limitation direct or indirect, special, incidental or consequential damages, losses or expenses arising from access to, use of or inability to access this Site, including without limitation any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, lost or unavailable network connections, or any hardware, software, network or system failure of any kind, whether or not Tellus Markets knew or had reason to know of the possibility of such damage, loss, claim or demand. Tellus Markets expressly disclaims all liability for the use or interpretation by you of any information or materials contained on the Site. Decisions based on information or materials contained on the Site are your sole responsibility.

Disclaimer

Any agreements, confirmations and other transactional documents, provided by or generated through the Tellus Markets Site or Service, including but not limited to ISDA Master Agreements, ISDA Schedules, ISDA Annexes and trade confirmations (collectively, “Transaction Documents”), are being provided to assist the smooth and efficient functioning of privately negotiated derivatives activity by providing a common set of terms for parties to use in preparing and negotiating the governing agreements for such transactions. The content of such Transaction Documents remains, however, the responsibility of the parties to each transaction. Neither Tellus Markets nor any of its affiliates, officers, directors, employees, agents or contractors assume any responsibility for the content of the Transaction Documents or any use of such Transaction Documents, including without limitation any use of such Transaction Documents in connection with any transaction negotiated or consummated through the use of the Tellus Markets Site or Service. Each of the parties to a transaction consummated through Tellus Markets must satisfy itself that any Transaction Documents provided by or generated through Tellus Markets is appropriate for the transaction, is properly drafted, and is properly adapted and used, in each case to reflect the commercial intentions of the parties. Tellus Markets is not a law firm and does not provide legal advice. The Transaction Documents are not a substitute for the legal advice of a qualified attorney licensed to practice law in an applicable jurisdiction. The Transaction Documents should only be used after first consulting with an attorney or other expert knowledgeable in the laws of the applicable jurisdiction and the specific intended use of the documents.

Indemnity

In exchange for using the Site, you agree to indemnify Tellus Markets and to hold it, its officers, employees and agents harmless in respect of any and all claims, demands, costs, damages, penalties, losses and liabilities arising out of any failure by you or any agent acting on your behalf to fully observe these Terms of Use or by reason of any use by you or such agent of any information or materials provided on this Site.

Intellectual Property

The entire contents of the Site, including all text, graphics and layouts, are copyrighted under United States law and are protected by worldwide laws and treaties. Such content may not be copied, imitated or used, in whole, partial or modified form, without the prior written permission of Tellus Markets. The Site contains or references trademarks, logos, trade dress, patents, trade secrets, technologies, products, processes, brand features and other intellectual property of Tellus Markets, including without limitation the marks “Tellus Hedge”, “Tellus PPA”, “Tellus Markets” and . Also, the features and/or services provided by or accessed through the Site are covered by US Patent 8,583,533 B2 and other pending US patents. Other marks contained herein are the property of their respective owners. The trademarks of Tellus Markets may not be copied or used, in whole, partial or modified form, without the prior written consent of Tellus Markets. In addition, you may not use any metatags or any other "hidden text" utilizing a Tellus Markets, Tellus Hedge or Tellus PPA name or trademark without the express written consent of Tellus Markets. No license in, or right to use, any intellectual property of Tellus Markets is granted to or conferred upon you.

Submissions

Any information, including but not limited to remarks, suggestions, ideas, graphics or other submissions, communicated to Tellus Markets through this Site shall be the exclusive property of Tellus Markets. Tellus Markets shall be entitled to use any such information submitted for any purpose, without restriction or compensation to the person making the submission. You acknowledge the originality of any submission communicated to Tellus Markets and accept responsibility for its accuracy, appropriateness and legality.

Registration

By registering for any areas or services provided through this Site, you agree to pay any fees that are due in connection with any such areas or services that you use or for which you subscribe.

No Solicitation

All materials on this Site are provided to be used for lawful purposes only. Nothing on this Site shall be construed as investment advice or as an offer to sell, or a solicitation of an offer to buy, any securities, commodities or other financial product. Quotes and other data are provided for informational purposes only.

Privacy

Your privacy is important to us. Our Privacy Policy is available here and from our home page, and incorporated by reference into these Terms of Use.

Risks

Derivatives transactions involve potential risks. Some of these risks are described on the risk statement that is available here and from our home page, and incorporated by reference into these Terms of Use.

Revision/Termination

The information contained or services offered on this Site are subject to change without notice. Tellus Markets reserves the right, at any time, to modify or discontinue, temporarily or permanently, any of the services we offer on the Site and/or to refuse or restrict anyone from access to any such services, with or without notice and in its sole discretion. Tellus Markets shall not be liable for any modification, suspension or discontinuance of any such services.

Choice of Law

By accessing this Site, you agree to be governed by the laws of the State of New York, U.S.A., with respect to all matters relating to this Agreement and your use, or inability to use, the Site, and that such laws will apply without regard to principles of conflict of laws. You agree to submit to the exclusive jurisdiction and venue of the state and federal courts located in Seattle, Washington. This choice of jurisdiction and venue does not prevent Tellus Markets from seeking injunctive relief with respect to a violation of intellectual property rights or confidentiality obligations in any appropriate jurisdiction or venue.

Miscellaneous

These Terms of Use, including our Privacy Policy and Risk Statement, govern your use of the Site and constitute the entire agreement between you and Tellus Markets with respect to the subject matter addressed herein (collectively, the “Agreement”). Tellus Markets reserves the right to revise this Agreement or impose additional terms relating to your use of the Site or services provided thereby at any time by updating this Site. Use of the Site thereafter indicates your acceptance of any additional or different terms. This Agreement may also be supplemented or modified by any other agreement you may enter into with Tellus Markets pursuant to a registration to access certain areas or features of the Site or the Tellus Markets electronic platform. The failure of Tellus Markets to exercise any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the other provisions of these Terms of Use shall remain in full force and effect. The section headings used herein are for convenience only and have no legal effect.