Terms of Use

The following terms and conditions (“Terms of Use”) govern the relationship between you and Natural Gas Exchange Inc. (“NGX”) in the use of the NGX.com website, located at www.ngx.com and (“the Website”). By using the Website, you are agreeing to comply with and be legally bound by the terms and conditions as set out in these Terms of Use. If these Terms of Use are not acceptable to you, please do not use the Website.

We may update these Terms of Use from time to time and you are responsible for periodically reviewing the most current version on the Website. Your continued use of the Website will be deemed your conclusive acceptance of the updated Terms of Use.

In this Terms of Use, the phrase “Service Providers” includes, but is not limited to, any licensors, suppliers, information providers or other third parties that provide, from time to time, any data, information, content, application, tool, feature or service for purposes of the Website.

Rights Granted and Restrictions on Use

NGX grants to you a limited non-exclusive, non-transferable license to view and print the material on the Website for your non-commercial or personal use only. All copies that you make must retain all copyright and other notices that are on the Website. Except as provided in the previous sentence, you may not use, distribute, sell, modify, transmit, revise, reverse engineer, republish, post or create derivative works (where applicable) of the trade-marks, trade names, logos, design, layout, information, data, software, applications, interactive features, tools, services or other material or content on or made available through the Website (referred to collectively, as the “content” of the Website) without NGX’s prior written permission. You acknowledge and agree that the Website and its content are the property of NGX, its affiliates and Service Providers and you will not acquire any rights or licenses in any trade-marks, patents, copyright or other intellectual property on the Website or in its content. The Website and its content are protected by copyright, both individually and as a collective work or compilation and by trade-mark law, patent law and any other applicable laws.

Market Information

All market information and other data, including but not limited to quotes, company information, charting, news, options and research data are provided by NGX and its Service Providers for informational purposes only, and are not intended for trading purposes. NGX and each of its Service Providers do not guarantee the sequence, accuracy, or completeness of any market information or other data, and are not liable or responsible in any way for any delays, inaccuracies, or errors in any market information or other data or in the transmission of any market information or other data. You agree not to rely upon the market information or other data for any trading, business or financial purpose and NGX, its Service Providers, and each of their respective affiliates, directors, officers, agents and representatives are not liable or responsible in any way for any damages, losses or costs arising from reliance on this information or incurred as a result of the nonperformance, interruption or termination for any reason whatsoever of the market information or other data.

Market information is generally delayed 15 minutes or more. Please refer to the associated time stamp on each market data chart or table to obtain the age of the data. Before purchasing or selling derivatives or other investments you should always consult with a qualified broker or other qualified financial advisor to verify pricing information.

Please note any additional disclaimers, terms and restrictions of use displayed on individual pages of the Website, including the Service Provider attributions and terms of use noted at the bottom of each market information page of the Website, as your use of these pages is subject to and you are responsible for complying with these additional terms.

Your Authority to Use The Website

By using the Website, you are representing to us that you have the power and authority to accept these Terms of Use and to enter into this agreement with us, that you are capable of assuming, and do assume, any risks related to the use of the Website and its content, and that you understand and accept the terms, conditions and risks relating to their use. If you are dissatisfied with the Website or its content, your sole and exclusive remedy is to stop using it.

Disclaimers

The content on or made available through the Website is for informational purposes only and is not intended to provide legal, accounting, tax, investment, financial or other advice and such content should not be relied upon for such advice. NGX, its Service Providers and each of their respective affiliates, directors, officers, agents and representatives assume no liability for any inaccurate, delayed or incomplete content, nor for any actions taken in reliance thereon. The content contained on or made available through the Website, including without limitation, the content obtained through Service Providers or through any other link, has been supplied by such Service Providers or other third parties without verification by us. The views, opinions and advice of any third party provided on the Website reflect those of the individual authors and are not endorsed by us. Past performance is not necessarily indicative of future performance. Prior to making any investment decision, it is recommended that you consult directly with the individual or firm and seek advice from a qualified investment advisor. Neither NGX nor any of its affiliates or Service Providers make or have made any recommendations regarding the derivatives, securities or investment services of any person or entity with respect to the content of the Website, or of the advisability of investing in derivatives or securities generally for any particular individual.

ALTHOUGH THE CONTENT HAS BEEN OBTAINED FROM SOURCES BELIEVED TO BE RELIABLE, THE WEBSITE AND THE CONTENT COULD INCLUDE TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS AND THEY ARE PROVIDED TO YOU ON AN “AS IS” BASIS WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND. NGX, ITS AFFILIATES AND SERVICE PROVIDERS MAKE NO REPRESENTATION AND DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES OR CONDITIONS REGARDING ACCURACY, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, SATISFACTORY QUALITY, MERCHANTABILITY, MERCHANTABLE QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE, OR COURSE OF DEALING. NGX, ITS AFFILIATES AND SERVICE PROVIDERS ASSUME NO RESPONSIBILITY TO YOU OR ANY THIRD PARTY FOR THE CONSEQUENCES OF ANY ERRORS OR OMISSIONS.

No Damages

NGX, ITS AFFILIATES, SERVICE PROVIDERS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES, OF ANY KIND, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, THOSE ARISING FROM ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE UPON THE CONTENT OR THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER RESULTING FROM THE USE OF OR INABILITY TO USE ANY CONTENT ON OR MADE AVAILABLE THROUGH THE WEBSITE (OR A WEBSITE LINKED TO THE WEBSITE), OR ANY OTHER CAUSE; AND EVEN IF CAUSED BY NGX’S OR ITS AFFILIATE’S OR SERVICE PROVIDERS’ NEGLIGENCE, AND EVEN IF ANY OF THEM HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING.

THE ABOVE LIMITATIONS AND EXCLUSIONS SHALL APPLY TO YOU TO THE FULLEST EXTENT THAT APPLICABLE LAW PERMITS, IN ALL ACTIONS OF ANY KIND, WHETHER BASED ON CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR ANY OTHER LEGAL OR EQUITABLE THEORY. ANY CLAUSE DECLARED INVALID SHALL BE DEEMED SEVERABLE AND NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF THE REMAINDER OF THESE TERMS OF USE.

Securities

Neither NGX, its Service Providers nor any of their respective affiliates, officers, directors, employees, agents or licensors: (a) has passed on the merit of any of the securities or derivatives referred to on or through the Website or any linked site; or (b) has endorsed or sponsored any of these securities or derivatives; or (c) makes or has made any recommendation regarding any securities or derivatives identified on or through or linked to the Website, nor the advisability of investing in securities or derivatives generally for any particular individual. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC SECURITY, INDEX, REPORT, OPINION, ADVICE OR OTHER CONTENT.

Advertising and Links

NGX may accept advertising from companies, brokers and other organizations and receives a fee from their advertising on the Website. No endorsement by NGX is intended or implied by the presence of such advertising.

As a convenience to our visitors, the Website may contain links to a number of websites. The privacy policies and procedures described here do not apply to those websites. We suggest contacting these websites directly for information on their data collection and distribution policies. Your linking to such websites or pages is at your own risk. NGX is not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on these sites. NGX provides these links merely as a convenience and the inclusion of such links does not imply that NGX endorses or accepts any responsibility for the content or uses of such websites.

Trade-marks

You are not permitted to use any of the trade-marks displayed on the Website (including without limitation those listed below) without the prior written consent of NGX, TMX Group Inc. or the third party that owns the trade-mark.

The following are trade-marks of Natural Gas Exchange Inc.:

NetThruput; NetThruput Design.

The following are trade-marks of TSX Inc.:

AECO ‘C’ and NIT Bid-Week One-Month Spot Price; AECO ‘C’ and NIT Daily Spot Price; AECO ‘C’ and NIT Daily Spot Price (2A); AECO ‘C’ and NIT Daily Spot Price (4A); AECO ‘C’ and NIT Daily Spot Price (5A); AECO ‘C’ and NIT One-Month Spot Price; Natural Gas Exchange; Natural Gas Exchange Design; NGX; NGX AB-NIT Bidweek Index; NGX AB-NIT Day Ahead Index; NGX AB-NIT Month Ahead Index; NGX AB-NIT Month Ahead Index (7A); NGX AB-NIT Same Day Index; NGX AB-NIT Same Day Index (2A); NGX AB-NIT Same Day Index (4A); NGX AB-NIT Same Day Index (5A); NGX Alberta Bid-Week Spot Index; NGX Alberta Daily Spot Index; NGX Alberta Next Day Price; NGX Alberta One-Month Spot Index; NGX Canadian Natural Gas Index; NGX Dawn Daily Spot Index; NGX Dawn One-Month Spot Index; NGX Design; NGX Spectra Station #2 Day Ahead Index; NGX Station #2 Daily Spot Price; NGX Union Dawn Daily Spot Price; NGX Union Dawn Day Ahead Index; NGX Union Dawn Month Ahead Index; NGX Union Dawn One-Month Spot Price

The following are trade-marks of NGX’s Information Providers:

ICE is a trade-mark of IntercontentalExchange Inc.

Hyperlinks

Unless you have a written agreement in effect with NGX which states otherwise, you may only provide a hypertext link to the Website on another website, provided that (a) the link must be a text-only link clearly marked “NGX Home Page” or “NGX”; (b) the link must “point” to (i.e. link the user directly to) the URL http://www.ngx.com and not to other pages within the Website; (c) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with NGX’s name and trade-marks; (d) the appearance, position and other aspects of the link may not create the false appearance that an entity is associated with or sponsored by NGX; (e) the link, when activated by a user, must display the site full-screen and not within a “frame” on the linking website; and (f) NGX reserves the right to revoke its consent to the link at any time in its sole discretion.

No links may be made to or from any of the content provided by Service Providers without their prior written permission.

Non-Confidential Use of Your Postings

Any non-personal communication, comments, ideas or material you post or transmit to NGX is, and will be treated as, non-confidential and non-proprietary. By transmitting or posting any communication or material to the Website you grant to NGX and all of its affiliates, an unrestricted, irrevocable license to use, reproduce, display, modify, transmit, distribute, publish, broadcast or post your communication for any purpose. You also agree that NGX is free to use any ideas, concepts, know-how or techniques that you send us for any purpose. However, we will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) you grant us permission to do so; (b) we first notify you that the materials or other information you submit to a particular part of a site will be published or otherwise used with your name on it; or (c) we are required to do so by law.

If you access, use or participate in the Exchange blog, please review the Blog Terms of Use before accessing, viewing or posting comments to the blog.

Protecting Information

We have reasonable security measures in place to protect against the loss, misuse and interception by third parties of the information under our control. However, complete confidentiality and security is not yet possible over the Internet. We assume no liability for any damages you may suffer as a result of loss, interception, alteration or misuse of information you provide us or any information transmitted over the Internet. Please see our Privacy Policy for further details.

Changes to Terms of Use

NGX reserves the right to revise these Terms of Use at any time without notice to you. You are bound by such revisions so we encourage you to visit this page frequently to stay informed.

Website Modification

NGX may change the Website, including eliminating or discontinuing any content on or made available through the Website, at any time and in its sole discretion.

Violations of Terms of Use

NGX reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including the right to block access from a particular Internet address to our Website.

Other Countries

The Website can be accessed from countries around the world other than Canada and may contain references to NGX products, services, and programs that have not been announced in your country. These references do not imply that NGX intends to announce such products, services or programs in your country. NGX makes no representation that the content on the Website is appropriate or available for use in other locations, and accessing the Website from territories where its content is illegal is prohibited. Those who choose to access the Website from other locations do so on their own initiative and their own risk and are responsible for compliance with local laws.

Laws

The Website (excluding linked sites) are controlled by NGX from its offices within the Province of Alberta, Canada. By accessing the Website, you and NGX agree that all matters relating to your access to, or use of, the Website shall be governed by the statutes and laws of the Province of Alberta or the federal laws of Canada, as applicable, without regard to the conflicts of laws principles thereof. You and NGX also agree and hereby submit to the exclusive personal jurisdiction and venue of the courts of the Province of Alberta with respect to any and all matters arising in connection with these Terms of Use.

How to Contact Us

If you have submitted personal information through the Website or any interactive advertisements, and would like that information deleted from our records, please contact us at our e-mail address ops@ngx.com. We will use reasonable efforts to delete this information from our existing files.

YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THEM AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS IN THESE TERMS OF USE.

Investor Relations and Related Matters

Caution Regarding Forward-Looking Information

The Website may contain “forward-looking information” (as defined in applicable Canadian securities legislation) that is based on expectations, assumptions, estimates, projections and other factors that management believes to be relevant as of the date of the content published on the Website. Often, but not always, such forward-looking information can be identified by the use of forward-looking words such as “plans”, “expects”, “is expected”, “budget”, “scheduled”, “targeted”, “estimates”, “forecasts”, “intends”, “anticipates”, “believes”, or variations or the negatives of such words and phrases or statements that certain actions, events or results “may”, “could”, “would”, “might” or “will” be taken, occur or be achieved or not be taken, occur or be achieved. Forward-looking information, by its nature, requires us to make assumptions and is subject to significant risks and uncertainties which may give rise to the possibility that our expectations or conclusions will not prove to be accurate and that our assumptions may not be correct.

Examples of such forward-looking information include, but are not limited to, factors relating to stock, derivatives and energy exchanges and clearing houses and the business, strategic goals and priorities, market condition, pricing, proposed technology and other initiatives, financial condition, operations and prospects of NGX, which are subject to significant risks and uncertainties. These risks include: competition from other exchanges or marketplaces, including alternative trading systems and new technologies, on a national and international basis; dependence on the economy of Canada; adverse effects on our results caused by global economic uncertainties; failure to retain and attract qualified personnel; geopolitical and other factors which could cause business interruption; dependence on information technology; vulnerability of our networks and third party service providers to security risks; failure to implement our strategies; regulatory constraints; risks of litigation; dependence on adequate numbers of customers; failure to develop or gain acceptance of new products; currency risk; adverse effect of new business activities; not being able to meet cash requirements because of our holding company structure and restrictions on paying dividends; dependence and restrictions imposed by licenses and other arrangements; dependence of trading operations on a small number of clients; new technologies making it easier to disseminate our information; risks associated with our clearing operations; challenges related to international expansion; inability to protect our intellectual property; dependence on third party suppliers; adverse effect of a systemic market event on our derivatives business; risks associated with the credit of customers; cost structures being largely fixed; risks associated with integrating the operations, systems, and personnel of new acquisitions; and dependence on market activity that cannot be controlled. Actual results and developments are likely to differ, and may differ materially, from those expressed or implied by the forward-looking information contained on the Website.

Such forward-looking information is based on a number of assumptions which may prove to be incorrect, including, but not limited to, assumptions in connection with the ability of NGX to successfully compete against global and regional marketplaces; business and economic conditions generally; exchange rates (including estimates of the U.S. dollar – Canadian dollar exchange rate), the level of trading and activity on markets, and particularly the level of trading in NGX’s key products; the continued availability of financing on appropriate terms for future projects; productivity at NGX, as well as that of NGX’s competitors; market competition; research & development activities; the successful introduction of new derivatives and equity products; tax benefits/changes; the impact on NGX and its customers of various regulations; NGX’s ongoing relations with its employees; and the extent of any labour, equipment or other disruptions at any of its operations of any significance other than any planned maintenance or similar shutdowns.

While we anticipate that subsequent events and developments may cause our views to change, we have no intention to update this forward-looking information, except as required by applicable securities law. This forward-looking information should not be relied upon as representing our views as of any date subsequent to the date on each individual page of content or documents included on the Website. We have attempted to identify important factors that could cause actual actions, events or results to differ materially from those current expectations described in forward-looking information. However, there may be other factors that cause actions, events or results not to be as anticipated, estimated or intended and that could cause actual actions, events or results to differ materially from current expectations. There can be no assurance that forward-looking information will prove to be accurate, as actual results and future events could differ materially from those anticipated in such statements. Accordingly, readers should not place undue reliance on forward-looking information. These factors are not intended to represent a complete list of the factors that could affect us.

Page last updated , 2013.