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.
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.
Your Authority to Use The Website
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.
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.
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.
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.
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.
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.
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.
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 email@example.com. We will use reasonable efforts to delete this information from our existing files.
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.