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Terms of Use

This website, www.ice.com, www.nyse.com, www.intercontinentalexchange.com, www.esignal.com, or www.ngx.com (the “Website”), is owned and operated by Intercontinental Exchange, Inc., a Delaware corporation.

This Terms, Conditions and Website Disclaimer (“Agreement”), applies to any and all websites operated by Intercontinental Exchange, Inc. and/or its subsidiaries that this Agreement appears on (“ICE”).

This Agreement is a legal contract between you and ICE and applies to your use of the Website, including any information and materials therein and any software that ICE makes available that allows you to access the Website from a mobile device (“App”). Unless otherwise noted, all references to “Website” shall include any App and any information or materials available via the Website or an App. By accessing all or any part of this Website, you fully accept and agree to comply with all of the terms and conditions set out in this Agreement. You may not use this Website except as expressly provided in this Agreement. If you do not agree to this Agreement, you are not authorized to access and use this Website and should exit immediately. PLEASE READ THIS AGREEMENT CAREFULLY.

You may access specific sections of this Agreement by using the following links:

Additional Terms

This Agreement does not govern your use of WebICE, your use of which is governed by any (i) WebICE terms and policies as may be applicable and (ii) agreements you have entered to access and use WebICE.

Our Privacy Policy describes the personal information we collect when you and others use this Website, how we use that personal information, and some of the steps we take to protect your privacy. The Privacy Policy is incorporated in this Agreement. Please review the Privacy Policy before using this Site.

Similarly, certain features of this Website may require you to establish an account and agree to special terms governing your use of the special features, such as portals available through our Website (as described in the “Registration” section of this Agreement). In such cases, you may be asked to expressly consent to the special terms, for example, by checking a box or clicking on a button marked “I agree.” If any special term conflicts with a term in this Agreement, the special term will override the conflicting term in this Agreement.

No Warranty

Your use of the Website is at your own risk. The information and materials have not been verified or authenticated in whole or in part by ICE, and they may include inaccuracies or typographical or other errors. ICE does not warrant the accuracy or timeliness of the information and materials contained on the Website. ICE has no liability for any loss of data, or errors or omissions, whether provided by ICE, our licensors or suppliers or other users.

THE WEBSITE, AND THE INFORMATION AND MATERIALS CONTAINED ON THIS WEBSITE - INCLUDING TEXT, GRAPHICS, LINKS OR OTHER ITEMS - ARE PROVIDED "AS IS" AND "AS AVAILABLE." ICE, ITS SUBSIDIARIES, AND THIRD PARTY PROVIDERS (AS DEFINED BELOW) DO NOT WARRANT THE ACCURACY, ADEQUACY, TIMELINESS, OR COMPLETENESS OF THE WEBSITE OR THIS INFORMATION AND MATERIALS AND EXPRESSLY DISCLAIM LIABILITY FOR ERRORS, OMISSIONS OR OTHER DEFECTS, OR DELAYS OR INTERRUPTIONS IN THE WEBSITE OR THIS INFORMATION AND MATERIALS. ICE DOES NOT VERIFY ANY DATA AND DISCLAIMS ANY OBLIGATION TO DO SO. THE INFORMATION ON THIS WEBSITE IS ALSO SUBJECT TO CHANGE.

NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, ARISING BY STATUTE, CUSTOM OR COURSE OF DEALING, COURSE OF PERFORMANCE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, SECURITY, TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR FREEDOM FROM COMPUTER VIRUS, IS GIVEN IN CONJUNCTION WITH THE INFORMATION AND MATERIALS ON THE WEBSITE. THIRD PARTIES MAY UNLAWFULLY INTERCEPT OR ACCESS TRANSMISSIONS OR PRIVATE COMMUNICATIONS AND ICE MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE THAT THE WEBSITE OR COMMUNICATIONS SENT FROM ICE ARE PROTECTED FROM VIRUSES, SECURITY THREATS, OR OTHER VULNERABILITIES OR THAT YOUR INFORMATION WILL ALWAYS BE SECURE. ANY MATERIAL, INFORMATION OR CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEBSITE IS DONE AT YOUR OWN RISK AND DISCRETION AND YOU ALONE WILL BE RESPONSIBLE FOR ANY DAMAGE OR LOSS TO YOU, INCLUDING AND NOT LIMITED TO DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA OR LOSS OR DAMAGE TO ANY PROPERTY OR LOSS OF DATA OR LOSS OF REVENUE THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL. WE DO NOT ENDORSE ANY OPINION, ADVICE, COMMENT OR STATEMENT MADE ON THIS WEBSITE BY THIRD PARTIES, AND SUCH STATEMENTS DO NOT IN ANY WAY REFLECT OUR OPINION, ADVICE OR STATEMENT. YOU EXPRESSLY AGREE THAT YOUR USE OF THE MATERIALS IS AT YOUR SOLE RISK.

Nothing in this Agreement will affect any statutory rights to which you may be entitled as a consumer to the extent your ability to alter or waive such rights by contract is limited by applicable law. Specifically, you acknowledge that you may have or may in the future have claims against us which you do not know or suspect to exist in your favor when you agreed to this Agreement and which if known, might materially affect your consent to this Agreement. You expressly waive all rights you may have under Section 1542 of the California Civil Code, which states:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASING PARTY.

IF THIS CLAUSE IS HELD TO BE UNENFORCEABLE IN WHOLE OR IN PART IN ANY JURISDICTION DUE TO RELEVANT LAWS, THEN IN NO EVENT WILL OUR OR THE RELEASED PARTIES’ (AS DEFINED BELOW) TOTAL LIABILITY TO YOU EXCEED THE TOTAL AMOUNT YOU HAVE PAID US OR THE RELEASED PARTIES DURING THE SIX (6) MONTHS PRIOR TO THE INCIDENT. NOTHING IN THIS CLAUSE WILL LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE.

Limitation of Liability

IN NO EVENT WILL ICE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS OR ITS THIRD PARTY PROVIDERS (THE “RELEASED PARTIES”) BE LIABLE TO YOU, OR ANY THIRD PARTY CLAIMING THROUGH YOU, FOR ANY LOSSES OR DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES ARISING OUT OF OR RELATING TO YOUR USE OF THE WEBSITE, ITS CONTENT, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE OR SYSTEM FAILURE, UNAUTHORIZED INTERCEPTION OF INFORMATION, OR OTHER SECURITY THREATS RELATING TO THE WEBSITE, EVEN IF ICE OR THE RELEASED PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. PAST PERFORMANCE IS NO GUARANTEE OF FUTURE RESULTS.

THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, LOSS OF INCOME OR LOSS OF PROFITS), WHETHER THE CLAIM IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY, EVEN IF AN AUTHORIZED REPRESENTATIVE OF ICE OR ANOTHER RELEASED PARTY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES.

IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE RELEASED PARTIES UNDER SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED ONE HUNDRED DOLLARS ($100.00). YOU AGREE THAT WE WOULD NOT ENTER INTO THESE TERMS OF USE WITHOUT THESE LIMITATIONS ON OUR LIABILITY.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

NOTHING IN THESE TERMS OF USE WILL LIMIT OR EXCLUDE LIABILITY FOR LOSSES OR DAMAGES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.

Third Party Links

Hyperlinks to other internet resources are used by you at your own risk. ICE 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 resources in any way and is not liable for any aspect of such resources or any consequence arising from your use of those resources. By providing access to the linked websites, neither ICE nor its Third Party Providers are recommending, endorsing or sponsoring any aspect of those websites, including the transmission of software, downloading or uploading of content, or any goods, services or securities available thereon. We are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, advertising, services, products, or other materials on, or available from, such websites. Your use of such Web sites is subject to the terms and policies of the owner of such websites and not this Agreement. Other websites may link to the Website with or without our authorization, and we may block any links to or from the website in our sole discretion.

You forever hold ICE and its Third Party Providers harmless from any and all claims, obligations and/or liability arising in connection with the use of any such links. YOUR USE OF THIRD-PARTY WEB SITES OR SERVICES IS AT YOUR OWN RISK.

Indemnity

You agree to indemnify, defend and hold harmless ICE and its officers, agents, contractors, users, customers, providers, licensees, successors in interest and employees (“Indemnified Parties”) from and against any and all claims, losses, liabilities, demands, costs, damages and or penalties (including attorneys’ fees, court costs, damage awards and settlement amounts) arising from or out of: (1) your access to or use of the Site, including your Account and our portals; and (2) any failure by you or any agent acting on your behalf to fully observe this Agreement or by reason of any use by you or such agent of any information or images provided on this Website. ICE will provide you with notice of any such claim or allegation, and ICE will have the right to participate in the defence of any such claim.

Regulatory Disclosure

This Website and all content have been prepared for informational and/or educational purposes only without regard to any particular user’s investment objectives, financial situation or means. Neither ICE, the Third Party Providers, nor any of their respective affiliates, officers, directors, employees, agents or licensors are soliciting any action based on information made available on this Website. Reliance upon any content contained on or accessed in this Website is at your own risk.

The content on this Website is not to be construed as a recommendation or offer to buy or sell, or the solicitation of an offer to buy or sell, any security, financial product or instrument, or to participate in any particular trading strategy. ICE does not make any recommendations regarding the merit of any company, security or other financial product or investment identified on this Website, nor does it make any recommendation regarding the purchase or sale of any such company, security, financial product or investment that may be described or referred to on this Website, nor endorse or sponsor any company identified on this Website. Prior to the execution of a purchase or sale of any security or investment, you are advised to consult with your banker, financial advisor or other relevant professionals (e.g. legal, tax and/or accounting counsel). Neither ICE nor Third Party Providers shall be liable for any investment decisions based upon or results obtained from the content provided on this Website. Nothing contained on this Website is intended to be, nor shall it be construed to be, legal, tax, accounting or investment advice.

This Website is not directed at or intended for publication or distribution to any person in any jurisdiction where doing so would result in contravention of any applicable laws or regulations. It is the responsibility of the individual user to consider his or her legal and regulatory position in the relevant jurisdiction, the risks associated with trading such securities or investments and to ensure that the use of the content of this Website and the subsequent making of any investment does not contravene any such restrictions or applicable laws and regulations of any jurisdiction. Potential users of products or investments described on this Website (including those wishing to trade them or to offer and sell them to others) should familiarize themselves with the full contract specification of the security or investment concerned and any associated information, such as any applicable legal or regulatory provisions. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific security, investment, index, report, opinion, advice or other content.

Cautionary Note Regarding Forward-Looking Statements

Certain statements on this Website may constitute “forward-looking statements” within the meaning of the safe harbor provisions of the US Private Securities Litigation Reform Act or similar applicable regulation. In some cases, you can identify these statements by forward-looking words such as "may," "might," "will," "should," "expect," "plan," "anticipate," "believe," "estimate," "predict," "potential" or "continue," and the negative of these terms and other comparable terminology. Such forward-looking statements which are subject to known and unknown risks, uncertainties and assumptions about us, may include, but are not limited to, projections of our future financial performance based on our growth strategies and anticipated trends in our business and industry, statements concerning ICE’s plans, objectives, expectations and intentions and other statements that are not historical or current facts. Forward-looking statements are only predictions based on ICE’s current expectations about future events. They involve risks and uncertainties that could cause actual results, level of activity, performance or achievements to differ materially from those expressed or implied in such forward-looking statements. Factors that could cause ICE’s results to differ materially from current expectations include, but are not limited to: ICE’s ability to implement its strategic initiatives, economic, political and market conditions and fluctuations, government and industry regulation, interest rate risk and U.S. and global competition, and other factors detailed in ICE’s Annual Report on Form 10-K and other periodic reports filed with the U.S. Securities and Exchange Commission. These risks and uncertainties are not exhaustive and forward-looking statements are based on a number of assumptions that are subject to change. We operate in a very competitive and rapidly changing environment. New risks and uncertainties emerge from time to time, and it is not possible to predict all risks and uncertainties, nor can we assess the impact that these factors will have on our business or the extent to which any factor, or combination of factors, may cause actual results, level of activity, performance or achievements to differ materially from those contained in any forward-looking statements. The inclusion of such projections in any report should not be regarded as a representation by ICE that the projections will prove to be correct. Neither ICE nor any other person assumes responsibility for the accuracy or completeness of any of these forward-looking statements. You should not rely upon forward-looking statements as predictions of future events. We are under no duty to update any of these forward-looking statements after the date of any report to conform our prior statements to actual results or revised expectations and we do not intend to do so.

Proprietary Rights

All right, title and interest in this Website, including all of the software and code comprising or used to operate this Website, including but not limited to the applicable updates and all of the text, content, all compilations of real time or other information, including all pricing and market data, any software programs, tools, applications and/or code available on or through this Website and accompanying links, photographs, images, video, audio and graphics contained on this Website, the selection and arrangement of the aforementioned and the “look and feel” of this Website, are owned, licensed or controlled by ICE, its applicable affiliate, its licensors or the relevant third party (“Third Party Provider”) credited as the owner or lawful provider of the content. Aspects of the content of this Website are also protected by intellectual property laws, including but not limited to copyright, trademark, trade dress, domain name, patent, trade secret, international treaties and other proprietary rights and laws of the United States, Singapore of European Union countries and other countries (“Intellectual Property laws”).

You acknowledge and agree that ICE, its applicable affiliates, and/or the Third Party Provider, as relevant, shall own all right, title and interest in the Website, content of this Website and all intellectual property relating thereto or otherwise referenced in this Website. Nothing contained on this Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the content, trademarks, copyrights, or other proprietary material without the express written permission of ICE or such other party as may own the proprietary rights therein and any rights not expressly granted herein are reserved to ICE or its Third Party Providers, as applicable. The presence of any content on this Website does not constitute a waiver of any right to such content. You do not acquire ownership rights to any such content viewed through this Website. In using or accessing this Website or its content, you further acknowledge and agree to abide by all applicable Intellectual Property laws, as well as any additional notices or restrictions contained on this Website. You agree not to challenge (or assist any third party to challenge) the validity or enforceability of any intellectual property owned by ICE or its applicable affiliates relating to this Website, its content or otherwise referenced therein, including but not limited to the patents and trademarks listed at the end of this Agreement.

Trademark & Copyright

Subject to your compliance with these Terms of Use, we will permit you to access and use the Site solely for lawful purposes and only in accordance with these Terms of Use.

  • Copyright. As between you and ICE, ICE or the Third Party Providers own and reserve the copyrights to the Website, including all of its content.
  • Copyright License. Under this Agreement, we hereby grant you a limited license to access and use this Website and to download and print copies of any content to which you have properly gained access, but only for your own personal, non-commercial use, and only if you do not remove, modify or obscure any copyright, trademark, or other proprietary notices from such content, unless otherwise approved by ICE. The foregoing license does not include use of any data mining, robots or similar data gathering or extraction methods. We may revoke this license at any time and for any reason without notice.
  • Trademarks. Trademarks (including but not limited those listed at the end of this Agreement) that are used or displayed on this Website are owned by ICE or by Third Party Providers. The trademarks of ICE may not be copied or used, in whole, partial or modified form, without the prior written permission of ICE or, if applicable, the Third Party Provider. In addition, ICE custom graphics, logos, button icons, scripts, and page headers are covered by trademark, trade dress, copyright or other proprietary right law, and may not be copied, imitated, or used, in whole, partial or modified form, without the prior written permission of ICE.
  • Restrictions. Except as otherwise provided in this Agreement, you may not use, copy, reproduce, distribute, republish, download, modify, display, post or transmit content or trademarks that are protected by US and international trademark laws and treaties.
You may not use any metatags or any other "hidden text" utilizing an ICE name, trademark, or product name without the express written consent of ICE. The use or misuse of these trademarks/service marks or any other content or materials, except as permitted herein, is expressly prohibited and may be in violation of Intellectual Property Laws and/or other relevant laws.
Registration

When registering to use certain features of the Website, you may be required to establish an account (an “Account”). Approval of your request to establish an Account will be at our sole discretion. Each Account and the user identification and password for each Account (the “Account ID”) is personal in nature. You will not distribute or transfer your Account or Account ID or provide a third party with the right to access your Account or Account ID. You are solely responsible for all use of the Website through your Account. You will ensure the security and confidentiality of your Account ID and will notify us immediately if any Account ID is lost, stolen or otherwise compromised. Any activities completed through your Account or under your Account ID will be deemed to have been done by you. You may not: (1) select or use an Account ID of another user with the intent to impersonate that user; or (2) use an Account ID that we, in our sole discretion, deem offensive.

By registering for any areas or services provided through this Website you agree to pay any fees that are due in respect of any such services that you use or subscribe for until you unregister or ICE suspends or withdraws such service. Where any service for which you register on or through this Website is provided by or with a service provider, agent or partner of ICE Futures, you agree that you will observe any additional terms and conditions associated with the part of the service provided by them.

Transactions

As described above, to access certain services you may be required to pay a fee.

  • Transaction Information: When you are required to pay a fee (a “Transaction”), you may be asked to supply certain information relevant to your Transaction including, without limitation, information about your method of payment (such as your payment card number and expiration date) and your billing address (collectively, “Transaction Information”). You represent and warrant that you have the legal right to use any Transaction Information utilized in connection with any Transaction. By submitting Transaction Information to us, you grant to us the right to provide such information to third parties for the purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of Transaction Information may be required prior to the acknowledgment or completion of any Transaction.
  • Services: All descriptions, images, references, features, content, specifications, services and prices of services provided through the Website are subject to change at any time without notice. The inclusion of any services on the Website does not imply or warrant that these services will be available. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws in regard to the receipt, possession, use, and sale of any service. By entering into a Transaction, you represent and warrant that the service that you buy will be used only in a lawful manner. We reserve the right, with or without prior notice, to do any one or more of the following: (a) limit the availability of or discontinue any service; (b) impose conditions on the honoring of any discount, promotional code, or other similar promotion; (c) bar you from making or completing any or all Transaction(s); and (d) refuse to provide you with any service.
  • Availability, Errors and Inaccuracies: We make a conscientious effort to describe and display services accurately on the Website. Despite these efforts, a small number of services may be described inaccurately, or may be unavailable, and we may experience delays in updating service information. As a result, we cannot and do not guarantee the accuracy or completeness of any such information, including prices, specifications, and availability. We reserve the right to change or update service information and to correct errors, inaccuracies, or omissions at any time without prior notice. If we determine that there were inaccuracies in service information, we will cancel your Transaction and notify you of such cancellation based on contact information you provide to us for the Transaction.
Permissible Use

You may only use the website for lawful purposes in accordance with the Agreement. As a condition of your use of the Website, you represent and warrant to us that you will not use the Website for any purpose that is unlawful or prohibited by this Agreement.

You acknowledge and agree that, unless ICE, its applicable affiliate, and/or the applicable Third Party Provider give you prior written permission, you will not, whether on behalf of yourself or on behalf of a third party:

  • sell, license, rent, modify, print, collect, copy, reproduce, download, upload, transmit, disclose, distribute, disseminate, publicly display, publicly perform, publish, edit, adapt, electronically extract or scrub, compile or create derivative works from any content or materials (including, without limitation, through framing or systematic retrieval to create collections, compilations, databases or directories) or otherwise transfer any of the content to any third person (including, without limitation, others in your company or organization);
  • access (or attempt to access) areas or features of this Website for which you do not have the proper authorization;
  • impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity, or express or imply that we endorse any statement that you make;
  • use the Website in a manner that violates any national, state, local or international law, rule or regulation;
  • in furtherance or for the promotion of any criminal or illegal activity or to provide instructional information about illegal activities;
  • in a manner that interferes with, disables, disrupts, impairs or creates an undue burden on the networks or services that support this Website;
  • use the Website to transmit, distribute, store or destroy material in violation of any applicable law or regulation, in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or that is defamatory, obscene, threatening, abusive or hateful;
  • to harvest, collect e-mail addresses or other contact information of other Website users by electronic or other means for the purposes of sending unsolicited e-mails or other unsolicited communications;
  • decompile, reverse-engineer or disassemble any materials, information or other content available through this Website;
  • insert any code or product to manipulate the content in any way that affects the user’s experience; or
  • use any Web browsers (other than generally available third-party browsers), engines, software, spiders, robots, avatars, agents, tools or other devices or mechanisms to navigate, search or determine this Website is strictly prohibited, unless expressly permitted by ICE.
No Unlawful or Prohibited Use; Monitoring of this Website

This list of prohibitions provides examples and is not complete or exclusive. ICE reserves the right to: terminate your access to the Website, with or without cause and with or without notice, for any reason or no reason, or for any action that ICE determines is inappropriate or disruptive to the Website or any other user of the Website, in ICE’s sole discretion. ICE may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at ICE’s discretion, ICE will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Website or on the Internet. Unauthorized use of the Website may violate certain laws and regulations.

Feedback

If you send or transmit any communications, comments, questions, suggestions, or related materials to ICE, whether by letter, email, telephone, or otherwise (collectively, “Feedback”), suggesting or recommending changes to the Website, including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and ICE is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that ICE is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.

Choice of Law

By accessing the services on our Website, you agree to be governed by the laws of the state of New York. The laws of such jurisdiction will govern all matters relating to this Agreement, and the use, or inability to use, the services, 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 New York County, New York. This choice of jurisdiction does not prevent ICE from seeking injunctive relief with respect to a violation of intellectual property rights or confidentiality obligations in any appropriate jurisdiction. ANY LEGAL ACTION OR PROCEEDING RELATING TO YOUR ACCESS TO, OR USE OF, THIS WEBSITE OR THIS AGREEMENT WILL BE INSTITUTED ONLY IN A STATE OR FEDERAL COURT LOCATED IN THE CITY AND COUNTY OF NEW YORK, NEW YORK, U.S.A. YOU AND WE IRREVOCABLY AGREE TO SUBMIT TO THE JURISDICTION OF SUCH COURTS. You expressly waive any claim of improper venue and any claim that such courts are an inconvenient forum.

Dispute Resolution

Please read the following section carefully because it requires you to arbitrate certain disputes and claims with ICE and limits the manner in which you can seek relief from us, unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration agreement. In addition, arbitration precludes you from suing in court or having a jury trial.

No Representative Actions. You and ICE agree that any past, present, or future dispute arising out of or related to these Terms of Use is personal to you and ICE, and that any dispute will not be brought as a class arbitration, class action or any other type of representative proceeding.

Arbitration of Disputes. Except for small claims disputes in which you or ICE seeks to bring an individual action in small claims court located in the county of your billing address or disputes in which you or ICE seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and ICE waive your rights to a jury trial and to have any dispute arising out of or related to these Terms of Use or our services resolved in court. Instead, for any past, present, or future dispute or claim that you have against ICE or relating in any way to the services, you agree to first contact ICE and attempt to resolve the claim informally by sending a written notice of your claim ("Notice") to ICE by certified mail addressed to 5660 New Northside Drive NW, Sandy Springs GA, 30328, ATTN: General Counsel.

The Notice must (a) include your name, your residence address, your email address, your telephone number; (b) a description of the nature and basis of the claim; and (c) set forth the specific relief sought. Our notice to you will be similar in form to that described above. If you and ICE cannot reach an agreement to resolve the claim within thirty (30) days after such Notice is received, then either party may submit the dispute to binding arbitration administered by JAMS or, under the limited circumstances set forth above, in court. All disputes submitted to JAMS will be resolved through confidential, binding arbitration before one arbitrator. Arbitration proceedings will be held in New York, New York. You and ICE agree that arbitrations will be held in accordance with the JAMS Streamlined Arbitration Rules and Procedures ("JAMS Rules"), including without limitation, provisions regarding consolidation of claims. The most recent version of the JAMS Rules are available on the JAMS website and are hereby incorporated by reference. You either acknowledge and agree that you have read and understand the JAMS Rules or waive your opportunity to read the JAMS Rules and waive any claim that the JAMS Rules are unfair or should not apply for any reason.

You and ICE agree that these Terms affect interstate commerce, that the enforceability of this section will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the "FAA"), and that to the maximum extent permitted by applicable law, the FAA shall preempt application of state laws regarding arbitration, including without limitation, provisions of the California Arbitration Act. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court, including the power to determine whether a dispute may be arbitrated. The arbitrator may not preside over any type of class or representative proceeding, however, in the event that five or more claims in arbitration are initiated which assert the same or similar factual allegations, or raise the same or similar legal issues, we may request that the claims be consolidated for resolution consistent with Rule 6 of the Streamlined Rules, and you agree to consolidation of your claim with the claims of other claimants asserting the same or similar factual allegations, or whose claims raise the same or similar legal issues. In such a consolidated proceeding, a single arbitrator shall be appointed to resolve all consolidated claims, who shall resolve common issues of law and fact and apply such rulings consistently to the consolidated claims.

The arbitration will allow for the discovery or exchange of non-privileged information relevant to the dispute. The arbitrator, ICE, and you will maintain the confidentiality of any arbitration proceedings, judgments and awards, including, but not limited to, all information gathered, prepared and presented for purposes of the arbitration or related to the dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.

You and ICE agree that for any arbitration you initiate, you will pay the filing fee and ICE will pay the remaining JAMS fees and costs. For any arbitration initiated by ICE, ICE will pay all JAMS fees and costs. You and ICE agree that the state or federal courts of the State of New York and the United States sitting in New York, New York have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.

Any claim arising out of or related to these Terms of Use or the use of our services must be filed within one year after such claim arose; otherwise, the claim is permanently barred, which means that you and ICE will not have the right to assert the claim.

You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this section by emailing ICE at [email protected]. In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with this section.

If any portion of this section is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from this Agreement; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this section or the parties' ability to compel arbitration of any remaining claims on an individual basis pursuant to this section; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this section is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this section will be enforceable. If you are a consumer, the provisions of this section will be modified to the extent necessary to conform to the JAMS Consumer Arbitration Minimum Standards.

Right to Revise this Agreement

ICE has the right at any time to revise and to otherwise modify this Agreement, and to impose new or additional Terms or Conditions (collectively, "Additional Terms") on your use of the services available on or through our Website. Such Additional Terms are effective immediately and are incorporated into this Agreement when posted by ICE to the Website. Use of the Website following such notice indicates your acceptance of all such Additional Terms.

Revision/Termination of Services and the Website

ICE has the right, at any time, to modify or discontinue, temporarily or permanently, the services, information, materials and other content we offer through the Website, the Website, or any portion of the Website and/or to refuse or restrict anyone from access to any such services, information, materials and other content, with or without notice and in its sole discretion. ICE shall not be liable for any modification, suspension or discontinuance of any services or the Website.

Violations of this Agreement

ICE reserves the right to seek all remedies available at law and in equity for violations of this Agreement, including the right to block access from a particular Internet address to this Website.

Miscellaneous Terms

This Agreement constitute the entire agreement between you and ICE with respect to the subject matter addressed herein, and governs your use of the Website, superseding any prior agreements between you and ICE relating to such subject matter. This Agreement may be supplemented by any other agreement you enter into with ICE pursuant to a registration to access certain features of the Website. The failure of ICE to exercise any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree the other provisions of this Agreement remain in full force and effect. The section headings used in this Agreement are for convenience only and have no legal effect. This Website is intended for use by users of 18 years of age or older.

The parties hereto are independent parties, not agents, employees or employers of the other, or joint ventures, and neither acquires hereunder any right or ability to bind or enter into any obligation on behalf of the other. Any assignment in violation of the foregoing will be null and void. We may freely assign this Agreement.

Unless otherwise specified in this Agreement, any notices required or allowed under this Agreement will be provided to ICE through our email. ICE may provide you with any notices required or allowed under this Agreement by sending you an email to any email address you provide to ICE in connection with your Account or otherwise, provided that in the case of any notice applicable both to you and other users of the Website, ICE may instead provide such notice by posting on the Website. Notices provided to ICE will be deemed given when actually received by ICE. Notice provided to you will be deemed given 24 hours after posting to the Website or sending via e-mail, unless (as to e-mail) the sending party is notified that the e-mail address is invalid.

Modern Slavery Act Statement

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Registered Trademarks and Marques Déposée

Registered trademarks & marques déposée of Intercontinental Exchange Holdings, Inc.

TrademarkCountry
BRENTSG, CA
BRENT NXEU, SG, CA, UK
BWAVEUS, CA, EU, SG, UK
CALROCKUS, CA, EU, SG, UK
CALROCK DesignUS, CA, EU, SG, UK
ECONFIRMUS
GWAVECA, EU, SG, UK
ICEUS, CA, EU, SG, CN, IN, BR, UK
ICE and Block DesignUS, CA, EU, SG, BR, IL, UK
ICE and Block Design (CTM)EU
ICE BENCHMARK ADMINISTRATIONUS, CH, EU, JP, SG, CN, CA, UK
ICE BRENTEU, SG, CA, US
ICE BRENT INDEXUS, EU, SG, CA, UK
ICE BRENT CHATCA
ICE CLEARUS, CA, EU, SG, UK
ICE CLEAR CANADAUS, CA, EU, SG, UK
ICE CLEAR CREDITUS, CA, EU, SG, UK
ICE CLEAR CREDIT and DesignUS, CA, EU, SG, UK
ICE CLEAR EUROPEUS, CA, EU, SG, UK
ICE CLEAR NETHERLANDSUS, CA, EU, SG, UK
ICE CLEAR NETHERLANDS & DESIGN
EU, SG, CA, UK
ICE CLEAR SINGAPOREUS, CA, EU, SG, UK
ICE CLEAR USUS, CA, EU, SG, UK
ICE CONNECTUS, CA, EU, SG, UK
ICE DATAUS, CA, EU, SG, UK
ICE DATA AND BLOCK DESIGNUS, CA, EU, SG, UK
ICE DATA SERVICESUS, EU, SG, CA, UK
ICE DATA SERVICES AND DESIGNEU, SG, CA
ICE ENDEXUS, CA, EU, SG, UK
ICE FUTURESUS, CA, EU, SG, UK
ICE FUTURES AND BLOCK DESIGNCA, EU, SG, UK, UK
ICE FUTURES CANADAUS, CA, EU, SG, UK
ICE FUTURES EUROPEUS, CA, EU, SG, UK
ICE FUTURES SINGAPOREUS, CA, EU, SG, UK
ICE FUTURES U.S.US, CA, EU, SG, UK
ICE LINKUS, BR, CA, EU, SG, WIPO
ICE LIBORUS, CA, CH, EU, JP, CN, SG, UK
ICE MORTGAGE TECHNOLOGYCA, EU, US, UK
ICE RISK MANAGEMENTEU, SG, UK
ICE SWAP RATECA, CH, EU, JP, SG, CN, US, UK
ICE SWAP TRADECA, EU, SG, US, UK
ICE TRADE VAULT AND DESIGNUS, CA, EU, SG, UK
ICE WITH LOGOIL, UK
ICEBREAKER STYLIZEDFR
ICE STONE STYLIZEDFR
ICEBREAKERWIPO (IR)
ICEFUNDEU
INTERCONTINENTALEXCHANGEUS, EU, UK
INTERCONTINENTAL EXCHANGEUS, CA, SG, FR, UK
INTERCONTINENTALEXCHANGE AND DESIGNEU, UK
LIBORUS, UK, CN, JP, CH, CA
MAPS (AND DESIGN)CA, SG
NATURAL GAS EXCHANGE DESIGNCA
NATURAL GAS INTELLIGENCEUS
NATURAL GAS INTELLIGENCE WEEKLY GAS PRICE INDEXUS
NATURAL GAS INTELLIGENCE WEEKLY GAS PRICE INDEX AND DESIGNUS
NGIUS
NGI'S BIDWEEK SURVEYUS
NGI'S DAILY GAS PRICE INDEXUS
NGI'S DAILY GAS PRICE INDEX AND DESIGNUS
NGI SHALE DAILYUS, CA, EU, SG, UK
NGXUS, CA, EU, UK
NGX DESIGNCA
NGX AB NIT MONTH AHEAD INDEXUS, CA
NGX AB NIT DAY AHEAD INDEXUS, CA
NGX AB NIT MONTH AHEAD INDES (7A)US, CA
NGX AB NIT SAME DAY INDEX (5A)US, CA
NGX AB NIT SAME DAY INDEXUS, CA
NGX-ALBERTA DAILY SPOT INDEXCA
NGX CANADIAN NATURAL GAS INDEXCA
NGX SPECTRA STATION #2 DAILY AHEAD INDEXCA, US
NGX TRADEPATHCA
NGX UNION DAWN DAY AHEAD INDEXCA, US
NGX UNION DAWN MONTH AHEAD INDEXCA
NGX DAWN ONE-MONTH SPOT INDEXCA
NGX AB NIT BIDWEEK INDEXUS, CA
NGX ALBERTA ONE-MONTH SPOT INDEXCA
NGX AB NIT SAME DAY INDEX (2A)US, CA
NGX AB NIT SAME DAY INDEX (4A)CA
NGX-ALBERTA BID-WEEK SPOT INDEXCA
NGX ALBERTA NEXT DAY PRICECA
NGX DAWN DAILY SPOT INDEXCA
NGX TRADEPATHCA
NGX AB-NIT MONTH AHEAD INDEX (7A)CA
NGX STATION #2 DAILY SPOT PRICECA
NGX UNION DAWN ONE-MONTH SPOT PRICECA
NGX UNION DAWN DAILY SPOT PRICECA
SINGAPORE MARKERCA, EU, SG, UK
THE ICEEU, UK
TRADE VAULTUS, CA, EU, SG, UK
WAVEEU, SG, UK
WEBICEUS, EU, UK
ICE WITH LOGOIL
THEICEEU, SG, TR, UK, CA
CEPEU, CA, UK, US
AECO "C" AND NIT ONE-MONTH SPOT PRICECA
AECO "C" AND NIT ONE-MONTH SPOT PRICECA
AECO "C" AND NIT ONE-MONTH SPOT PRICE (4A)CA
AECO "C" AND NIT BID WEEK ONE-MONTH SPOT PRICECA
AECO "C" and NIT DAILY SPOT PRICE (2A)CA
AECO "C" and NIT DAILY SPOT PRICE (5A)CA

INTERCONTINENTAL EXCHANGE is a registered trademark of the parent company, Intercontinental Exchange, Inc., registered in the United States, Canada and Singapore.

Registered trademarks and marques déposée of NYSE American LLC, a subsidiary of Intercontinental Exchange, Inc.

TrademarkCountry
AMERICAN STOCK EXCHANGESG
AMEXEU, CA, UK
DYNAMIC OTC INTELLIDEX, OWNER: ICE DATA SERVICES, LLCUS
DYNAMIC MARKET INTELLIDEX, OWNER: ICE DATA SERVICES, LLCUS
INTELLIDEXUS

Registered trademarks and marques déposée of ICE Data Services, Inc., a subsidiary of Intercontinental Exchange, Inc.

TrademarkCountry
ACTIVE PUSHCA
ESIGNALUS, CA, EU, UK
FUTURESOURCEUS, AU, CA, CH, EU, UK
QUOTREKUS, JP
POOLUS

Registered trademarks and marques déposée of LIFFE Administration and Management, a subsidiary of Intercontinental Exchange, Inc.

TrademarkCountry
CSCREENEU, CH, UK, US
TRSAU, SG

Registered trademarks and marques déposée of NYSE Group, Inc., a subsidiary of Intercontinental Exchange, Inc.

TrademarkCountry
ARCA LISTED NYSE and DesignEU
BOLDUS
DESIGN ONLY (Trading Floor)US
DISPLAY BOOKUS
DOTUS
D-QUOTEUS
NYSE TMT INDEXUS
LISTED NYSE and DesignUS, EU
NYSE U.S. 100 INDEXUS
NYSE WORLD LEADERS INDEXUS
LISTED NYSE ARCA and DesignUS
NEW YORK STOCK EXCHANGEAR, AU, BR, CA, CL, CO, CZ, EU, HU, IN, IL, JP, MX, NZ, NO, PL, SG, ZA, KR, CH, TW, TR, US, VE
NEW YORK STOCK EXCHANGE and The Façade of the Exchange DesignUS
NEW YORK STOCK EXCHANGE and The Façade of the Exchange DesignCH
NEW YORK STOCK EXCHANGE and The OPENING BELL DesignUS
NEW YORK STOCK EXCHANGE and The CLOSING BELL DesignUS
NEW YORK STOCK EXCHANGE (Chinese characters)CN
NYSE ARCA TECH 100US
RING TRUEUS
NYSE (and design)US, AU, CA, CN, KY, EU, HK, IL, JP, KR, NO, RU, SG, TR, AR, BM, CH, CO, NZ, TW, LR, , MX, MC, ZA, BR, IN, ID, UA, LR, MC
NYSEAR, AU, BM, BR, CA, CL, CN, CO, CZ, EU, HK, HU, IN, IL, JP, MC, MX, NO, NZ, PH, PL, RU, SG, ZA, KR, CH, TW, TR, US, VE , UA
NYSE BONDSUS
NYSE COMPOSITE INDEXUS, CA, EU, SG
NYSE ENERGY INDEXUS
NYSE CONNECTUS, EU, SG, CA
NYSE FINANCIAL INDEXUS
NYSE HEALTH CARE INDEXUS
THE BIG BOARDUS, CA, EU, SG
NYSE INTERNATIONAL 100 INDEXUS
THE OPENING BELLUS
THE CLOSING BELLUS
NYSE MAC ALERTSUS
THE FACADE OF THE EXCHANGE DesignCA, EU, SG, UK
NYSE MARKET ACCESS CENTERUS
THE TRADING FLOOR BELL (No Drawing-Sensory Mark)US
NYSE RING TRUE and DesignUS
NYSE ARCAEU
NYSE ARCA GOLD MINERS INDEXUS
NYSE AMERICANUS
NYSE OPTIONS IMPRINTUS

Registered trademarks and marques déposée of subsidiary of Intercontinental Exchange, Inc.

CREDITEX is a registered trademark of Creditex Group, Inc., a subsidiary of Intercontinental Exchange Holdings, Inc. registered in the United States, European Union, Singapore, Australia, Hong Kong, and Japan.

ICE FUTURES EUROPE and ICE BRENT CRUDE are registered trademarks and marques déposées of ICE Futures Europe, Inc., a subsidiary of Intercontinental Exchange Holdings, Inc., registered in Israel.

COFFEE "C", COTTON NO.2, and SUGAR NO.11 are registered trademarks and/or marques déposée of ICE FUTURES US, Inc., a subsidiary of Intercontinental Exchange, Inc., registered in the United States, Brazil, Canada, European Union, Singapore and Japan; SUGAR NO. 16 is a registered trademark and/or marques déposée in the United States, Canada, European Union and Singapore; ICE COFFEE “C”, ICE COTTON NO. 2 AND ICE SUGAR NO. 11 are registered trademarks in Hong Kong; USDX is a registered trademark and marques déposées in the United States, Canada, European Union, Hong Kong and Japan; and the U.S. DOLLAR INDEX are registered trademarks in the United States of America. Note: USDX and U.S. DOLLAR INDEX assigned to ICE Data Indices, LLC; TIPS will be abandoned.

ICE LIBOR is a registered trademark of ICE Benchmark Administration Limited, a subsidiary of Intercontinental Exchange, Inc., registered in China.

NYSE (&design) is a registered trademark of NYSE Holdings LLC, a subsidiary of Intercontinental Exchange Holdings, Inc., registered in Monaco, AR, KY, BM, CN, and NO.

NYSE ARCA GOLD BUGS INDEX AND NYSE ARCA JUNIOR GOLD BUGS INDEX are registered trademarks of NYSE AMEX LLC, a subsidiary of Intercontinental Exchange Holdings, Inc., registered in the European Union and UK.

SECURE FINANCIAL TRANSACTION INFRASTRUCTURE SFTI, SFTI and SIAC are registered trademarks of Securities Industry Automation Corporation, a subsidiary of Intercontinental Exchange Holdings, Inc., registered in the United States. SFTI is also registered in the WIPO.

INTERACTIVE DATA & Design is a registered trademark of Interactive Data Managed Solutions AG, a subsidiary of Intercontinental Exchange, Inc., registered in the Germany.

APEX and POOL are registered trademarks of Interactive Data Pricing and Reference Data LLC, a subsidiary of Intercontinental Exchange, Inc., registered in the United States.

EXBOND is a registered trademark of ICE Data Services (Europe) Limited, a subsidiary of Intercontinental Exchange, Inc., registered in the UK and European Union; EXSHARE is also a trademark registered in Canada.

BONDEDGE is a registered trademark of BondEdge Solutions LLC, a subsidiary of Intercontinental Exchange, Inc., registered in the United States.

BACKONLINE & Design, COMPANY & IRS & Design, COMPANY & IRS-BONDS, COMPANY & IRS-ISSUES, COMPANY & IRS PROFILES, INVESTONLINE, KEYDATA & Design, KEYDATA INVEST, KEYDATA LOADER, KEYDATA PORTFOLIO, PORTONLINE are registered trademarks of ICE Data Services Italy S.R.L. a subsidiary of Intercontinental Exchange, Inc., registered in Italy.

CODE 3.0, CORPEDIA and ECERA are registered trademarks of Corpedia Corporation, a subsidiary of Intercontinental Exchange Holdings, Inc., registered in the United States.

CORPORATE BOARD MEMBER is a registered trademark of NYSE Board Member, LLC., a subsidiary of Intercontinental Exchange, Inc., registered in the United States.

SUPERDERIVATIVES is a registered trademark of Super Derivatives, Inc., a subsidiary of Intercontinental Exchange Holdings, Inc., registered in the United States.

Each of “Russell 1000®”, “Russell 1000 Value®” “Russell 1000 Growth®” and “Russell 2000®” is a trademark and service mark of the Russell Investment Group, used under license.

"FTSE" is a trademark of the FTSE Russell and is used by ICE Futures Europe under licence. All copyrights in the index values and constituent lists vest in FTSE Russell. FTSE Russell in no way sponsors, endorses or is otherwise involved in the issue and offering of ICE Futures Europe’s futures and options contracts based on the FTSE indices and does not accept any liability in connection with the trading of these products. FTSE™” is a trademark of the London Stock Exchange Plc. MSCI and the MSCI index names are service marks of MSCI Inc. (“MSCI”) or its affiliates and have been licensed for use by ICE Futures Europe. Futures contracts and options contracts on any MSCI index (“Index Contracts”) are not sponsored, guaranteed or endorsed by MSCI, its affiliates or any other party involved in, or related to, making or compiling such MSCI index. Neither MSCI, its affiliates nor any other third party involved in, or related to, making or compiling any MSCI index makes any representations regarding the advisability of investing in such Index Contracts. Neither MSCI, its affiliates nor any other third party involved in, or related to, making or compiling any MSCI index makes any warranty, express or implied, or bears any liability as to the results to be obtained by any person or any entity from the use of any such MSCI index or any data included therein. No purchaser, seller or holder of this Index Contract, or any other person or entity, should use or refer to any MSCI trade name, trademark or service mark to sponsor, endorse, market or promote this Index Contract without first contacting MSCI to determine whether MSCI’s permission is required. Neither FTSE Russell’s publication of the Russell Indexes nor its licensing of its trademarks for use in connection with securities or other financial products derived from a Russell Index in any way suggests or implies a representation or opinion by FTSE Russell as to the attractiveness of investment in any securities or other financial products based upon or derived from any Russell Index. FTSE Russell makes no express or implied warranties of merchantability or fitness for any particular purpose with respect to any Russell Index or any data included or reflected therein, nor as to results to be obtained by any person or any entity from the use of the Russell Index or any data included or reflected therein.

Euribor® and Eonia® are registered trademarks of European Money Markets Institute (EMMI). EURIBOR-EMMI makes no warranty, express or implied, either as to the results to be obtained from the use of EURIBOR and / or the figure at which EURIBOR stands at any particular time on any particular day or otherwise. EURIBOR - EMMI makes no express or implied warranties of merchantability or fitness for a particular purpose for use with respect to the product and excludes all liability for any loss of business or profits or for any direct, indirect or consequential loss or damage arising from use of the EURIBOR. EONIA-EMMI makes no warranty, express or implied, either as to the results to be obtained from the use of EONIA and / or the figure at which EONIA stands at any particular time on any particular day or otherwise. EONIA - EMMI makes no express or implied warranties of merchantability or fitness for a particular purpose for use with respect to the product and excludes all liability for any loss of business or profits or for any direct, indirect or consequential loss or damage arising from use of EONIA.

Swapnote® is a registered trademark of ICAP plc and has been licensed for use by ICE Futures Europe. The Swapnote® contract design and algorithm are protected by patent (US 6,304,858 BI), owned by Adams, Viner and Mosler Ltd (“AVM”) and is exclusively licensed to ICE Futures Europe worldwide.

BofA® is a registered trademark of Bank of America Corporation licensed by Bank of America Corporation and its affiliates ("BofA"), and may not be used without BofA's prior written approval.

Patents

ICE Futures Europe

The products, features and/or services provided by ICE Futures Europe, any of its affiliates, or otherwise accessible through this website may be covered by one or more patents, including (without limitation): US Patent No(s): 8,165,951 and one or more of its/their foreign counterparts.

Intercontinental Exchange Holdings, Inc.

The products, features and/or services provided by Intercontinental Exchange, Inc., any of its affiliates, or otherwise accessible through this website may be covered by one or more patents, including (without limitation): US Patent No(s): 7,539,643; 7,831,502; 7,685,051; 7,904,377; 8,521,630; 8,612,336; 8,583,542; 8,566,226; 8,600,861; 9,747,465; 9,767,310; 10,163,157; 10,218,658; 10,262,369; 10,438,287; 9,935,460; 7,831,490; 7,945,511; 8,447,630; 8,271,381; 7,752,116; 8,224,738; 10,650,455; 10,102,581; 10,621,579; 10,282,783; 10,657,592; 10,645,050; 10,037,569; 10,600,122; 10,529,019; 10,749,830; 10,817,947; 10,819,670; 8,005,743; 10,915,958; 11,010,836; 11,113,763; 11,276,119; 11,423,485; 10,923,912; 11,170,390; 11,308,507; 10,922,685; 11,004,068, 11,120,435; 11,386,423; 11,386,491; 10,944,709; 11,005,800; 11,115,364;; 11,615,408; 11,669,906; 11,689,490; 11,704,308; 11,693,536; 11,640,637; 11,620,708; 11,631,137; 11,631,139 11,303,598; 10,922,755; 11,023,978; 11,216,886; 11,321,782; 10,997,658; 11,170,443; 11,315,184; 11,423,484; 11,556,526; 11,521,219; 11,526,258; 11,615,408; 11,669,906; 11,689,490; 11,704,308; 11,693,536; 11,640,637; 11,620,708; 11,631,137; 11,631,139 and one or more of its/their foreign counterparts.

Creditex

The product(s), features, and/or services provided by Creditex Group Inc., its affiliates, or otherwise accessible through this website may be covered by one or more patents, including (without limitation): US Patent No(s): US 7,783,560; 7,769,669; 7,587,355; 7,698,208; 7,716,114; 7,970,693; 8,645,258; 8,645,260; 8,571,965 and one or more of its/their U.S. and foreign counterparts.

CCX

The products, features and/or services provided by Chicago Climate Exchange, Inc., any of its affiliates, or otherwise accessible through this website may be covered by one or more patents, including (without limitation): US Patent No(s): 7,734,531; 10,438,281 and one or more of its/their foreign counterparts.

NYSE Group, Inc.

The products, features and/or services provided by NYSE Group, Inc. any of its affiliates, or otherwise accessible through this website may be covered by one or more patents, including (without limitation): US Patent No(s): 7,873,544; 7,908,201; 8,140,423; 8,195,557; 8,290,855; 8,392,319; 8,738,484; 7,949,596; 8,600,862; 8,392,320; 8,566,225; 7,917,418; 8,548,900; 7,912,775; 7,873,561; 7,765,137; 7,937,315; 7,877,316; 8,301,542; 8,266,040; 8,799,131; 8,924,277; 9,043,719; 9,846,909; 9,898,783; 9,148,461; 9,407,677; 9,741,075; 9,799,072; 9,799,075; 10,152,750; 10,192,268; 10,198,767; 10,354,323; 10,445,829; 10,453,131, 10,026,128; 10,540,716; 10,475,120; 10,614,524; 9,450,999; 10,650,454; 10,592,986; 10,083,486; 10,521,858; 10,489,855; 10,529,021; 10,497,057; 10,002,388; 10,387,957; 10,699,336; 9,946,455; 7,818,236; 10,504,177; 10,614,520; 10,796,364; 8,311,930, 10,872,378; 11,132,746; 11,436,678; 11,023,976; 11,151,652; 11,416,929; 10,853,878; 11,030,694; 11,170,444; 11,430,064; 10,891,551; 10,990,886; 11,321,778; 11,210,738; 11,074,651; 11,449,940; 11,216,881; 10,885,582; 10,997,659; 11,556,989; 11,455,687; 11,455,688; 11,615,471; 11,615,472; 11,651,431; 11,748,812; 11,704,735 and one or more of its/their U.S. and foreign counterparts.

DCFB LLC

The products, features and/or services provided by DCFB LLC any of its affiliates, or otherwise accessible through this website may be covered by one or more patents, including (without limitation): US Patent No(s): 7,177,833; 8,660,940; 8,725,621; 8,498,923; 10,810,668; 10,832,322; 8,478,687; 10,891,692 and one or more of its/their U.S. and foreign counterparts.

NYSE MKT LLC

The products, features and/or services provided by NYSE MKT LLC any of its affiliates, or otherwise accessible through this website may be covered by one or more patents, including (without limitation): US Patent No(s): 8,738,499; 8,024,258; 7,571,130; 8,170,934; 7,574,399; 8,170,935; 8,027,911 and one or more of its/their U.S. and foreign counterparts.

LIFFE Administration and Management

The products, features and/or services provided by LIFFE Administration and Management any of its affiliates, or otherwise accessible through this website may be covered by one or more patents, including (without limitation): US Patent No(s): 8,417,619; 7,689,500; 8,069,110; 7,945,507; 7,698,187; 8,751,339; 9,799,074; 9,922,372; 10,387,956; 10,832,323; 11,010,835; 11,216,883; 11,308,558; 11,017,473; 11,593,884; 11,461,846; 11,636,545 and one or more of its/their U.S. and foreign counterparts.

ICE Data LP

The products, features and/or services provided by ICE Data LP any of its affiliates, or otherwise accessible through this website may be covered by one or more patents, including (without limitation): US Patent No(s): 8,751,403; 11,010,767; 11.449.940; 11,455,684; 11,636,542 and one or more of its/their U.S. and foreign counterparts.

New York Stock Exchange, Inc.

The products, features and/or services provided by New York Stock Exchange, Inc. any of its affiliates, or otherwise accessible through this website may be covered by one or more patents, including (without limitation): US Patent No(s): 7,249,091; 7,571,135; 7,788,161; 7,788,162; 8,024,247; 7,647,267; 7,747,509; 7,778,916 and one or more of its/their U.S. and foreign counterparts.

Pit Trader LLC

The products, features and/or services provided by Pit Trader LLC any of its affiliates, or otherwise accessible through this website may be covered by one or more patents, including (without limitation): US Patent No(s): 7,930,227 and one or more of its/their U.S. and foreign counterparts.

New York Stock Exchange LLC

The products, features and/or services provided by New York Stock Exchange LLC any of its affiliates, or otherwise accessible through this website may be covered by one or more patents, including (without limitation): US Patent No(s): 8,271,375; 8,510,211 and one or more of its/their U.S. and foreign counterparts.

Tradecapture OTC Corp.

The products, features and/or services provided by Tradecapture OTC Corp. any of its affiliates, or otherwise accessible through this website may be covered by one or more patents, including (without limitation): US Patent No(s): 8,554,659; 9,792,650; 10,192,267; 10,325,316 and one or more of its/their U.S. and foreign counterparts.

NYSE Arca LLC

The products, features and/or services provided by NYSE ARCA LLC any of its affiliates, or otherwise accessible through this website may be covered by one or more patents, including (without limitation) US Patent No(s): 8,832,211; 9,792,649; 9,760,946; 9,197,428; 9,774,462; 10,439,833 and one or more of its/their U.S. and foreign counterparts.

NYSE Chicago, Inc.

The products, features and/or services provided by Chicago Stock Exchange, Inc. any of its affiliates, or otherwise accessible through this website may be covered by one or more patents, including (without limitation) US Patent No(s): 9,747,643; 10,303,530; 10,565,649; 9,734,533; 10,592,976; 10,127,615; 10,467,698; 10,970,783; 11,170,441; 11,354,742; 11,068,979; 11,551,304; 11,526,942; 11,636,404; 11,651,433; 11,651,434; 11,734,761 and one or more of its/their U.S. and foreign counterparts.

NYSE Holdings, LLC

The products, features and/or services provided by NYSE Euronext Holdings, LLC any of its affiliates, or otherwise accessible through this website may be covered by one or more patents, including (without limitation) US Patent No(s): 10,304,132; 10,269,069; 10,269,067; 11,030,689; 11,170,442; 11,397,990; 11,636,404; 11,676,208 and one or more of its/their U.S. and foreign counterparts.

ICE Data Services, Inc.

The products, features and/or services provided by ICE Data Services, Inc. any of its affiliates, or otherwise accessible through this website may be covered by one or more patents, including (without limitation) US Patent No(s): 10,445,343; 7,707,104; 7,805,350; 7,574,396; 7,707,100; 7,937,317; 8,478,670; 10,467,695; 10,552,908; 11,756,125 and one or more of its/their U.S. and foreign counterparts.

NYSE American, LLC

The products, features and/or services provided by NYSE American, LLC any of its affiliates, or otherwise accessible through this website may be covered by one or more patents, including (without limitation) US Patent No(s): 7,305,362; 7,979,336; 8,738,499; 8,024,258; 7,571,130; 8,170,934; 10,430,879; 11,756,118 and one or more of its/their U.S. and foreign counterparts.

Interactive Data Pricing and Reference Data Inc.

The products, features and/or services provided by Interactive Data Pricing and Reference Data Inc., any of its affiliates, or otherwise accessible through this website may be covered by one or more patents, including (without limitation) US Patent No(s): 10,474,692; 10,838,921; 10,740,292, 10,963,427; 10,963,427; 11,119,983; 11,294,863; 11,593,305 and one or more of its/their U.S. and foreign counterparts.

Super Derivatives Inc.

The products, features and/or services provided by Super Derivatives Inc., any of its affiliates, or otherwise accessible through this website may be covered by one or more patents, including (without limitation) US Patent No(s): 8,626,630; 8,620,792; 8,073,760; 8,498,916; 9,275,416; 8,423,443; 8,370,234; 8,732,051; 10,114,547 and one or more of its/their U.S. and foreign counterparts.

Hercules Solutions LLC

The products, features and/or services provided by Hercules Solutions LLC, any of its affiliates, or otherwise accessible through this website may be covered by one or more patents, including (without limitation) US Patent No(s): 11,368,501 and one or more of its/their U.S. and foreign counterparts.

ICE Benchmark Administration LTD

The products, features and/or services provided by ICE Benchmark Administration Ltd, any of its affiliates, or otherwise accessible through this website may be covered by one or more patents, including (without limitation) US Patent No(s): 11,003,420; 11,366,635; 11,556,310; 11,762,630 and one or more of its/their U.S. and foreign counterparts.

ICE Mortgage Technology Inc.

The products, features and/or services provided by Ice Mortgage Technology Inc., any of its affiliates, or otherwise accessible through this website may be covered by one or more patents, including (without limitation) US Patent No(s): 7,444,302; 7,472,089; 7,752,124; 8,117,117; 8,364,579; 8,600,798; 8,990,254; 8,126,920; 8,762,357; 9,143,514; 9,313,209; 9,338,289; 9,848,078; 7,747,495; 8,176,004; 9,904,725 and one or more of its/their U.S. and foreign counterparts.

Disclaimers

ICE Futures Canada, Inc.

In the United Kingdom, communications of and concerning ICE Futures Canada are only directed at persons having professional experience in matters relating to investments and to high net worth entities meeting certain threshold criteria. The investments to which this communication related are available only to, and any agreement to deal in such investments will be made only with, such persons. Any other person should not act or rely on this communication or any of its contents. Notwithstanding the forgoing, persons may trade ICE Futures Canada products through FCMs/brokers provided same are properly registered with the Financial Conduct Authority in the United Kingdom.

Digital Millennium Copyright Act

It is the policy of ICE and its affiliates to respect the intellectual property of others and thus to respond to effective notices of alleged infringement of copyrighted material where (i) the copyrighted material is available at, or from, a system or network controlled or operated by or for ICE, such as ICE Connect. To the extent that you feel your copyright has been violated, please provide notice to ICE in accordance with the terms below.

Notices - If you are alleging that copyrighted material may have been or is being infringed, then you may notify ICE, pursuant to the U.S. Online Copyright Infringement Liability Limitation Act of the U.S. Digital Millennium Copyright Act, 17 U.S.C. §512 (c), by sending a notice to the address listed below. Such notice must include the following to be effective:

  1. A physical or electronic signature of a person authorized to act for and on behalf of the owner of an exclusive copyright that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit ICE to locate the material;
  4. Information reasonably sufficient to permit ICE to contact you including an address, telephone number, and, if available, an electronic mail address, at which you may be contacted;
  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or any law; and
  6. A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Counter Notices - If material that you have posted to a system or network controlled or operated by or for ICE has been removed or disabled, you may file a counter notice pursuant to 17 U.S.C. §512 (g). To be effective, the counter notice must be a written communication sent to the address listed below that includes the following:

  1. A physical or electronic signature of the user;
  2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
  4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district of Manhattan, New York, New York, and that you will accept service of process from the person who provided notification under subsection 17 U.S.C. §512 (c)(1)(C) or an agent of such person.

ICE Designated Agent - All written notices should be sent to the following Designated Agent:

Designated Agent:

General Counsel,

Intercontinental Exchange, Inc.

Address of Designated Agent:
5660 New Northside Drive
3rd Floor

Atlanta, GA 30328

Email address of Designated Agent:

[email protected]

Telephone # of Designated Agent:

+1 770 857 4700

U.K. Disclosure

Credtiex UK Limited

Registered office: Milton Gate, 60 Chiswell Street, London EC1Y 4SA

Registered in England and Wales Reg. No. 03823460

Creditex Brokerage LLP a wholly-owned subsidiary of Creditex UK Limited, is authorized and regulated by the Financial Conduct Authority (Reg. No. 441360).

Registered in England and Wales Reg. No. OC315800 at the address above.

ICE Futures Europe

Registered office: Milton Gate, 60 Chiswell Street, London EC1Y 4SA

Registered in England and Wales Reg. No. 01528617

ICE Futures Europe is recognized as an investment exchange under the Financial Services and Markets Act 2000 and is regulated by the Financial Conduct Authority.

ICE Data LLP

Registered office: Milton Gate, 60 Chiswell Street, London EC1Y 4SA

Registered in England and Wales Reg. No. OC304549

ICE Clear Europe Limited

Registered office: Milton Gate, 60 Chiswell Street, London EC1Y 4SA

Registered in England and Wales Reg. No. 06219884

ICE Clear Europe Limited is recognized as a clearing house under the Financial Services and Markets Act 2000 and is subject to oversight by the Bank of England.

ICE Benchmark Administration Limited

Registered office: Milton Gate, 60 Chiswell Street, London EC1Y 4SA

Registered in England and Wales Reg. No. 08457573

ICE Education Limited

Registered office: Milton Gate, 60 Chiswell Street, London EC1Y 4SA

Registered in England and Wales Reg. No. 04309976

ICE Trade Vault Limited

Registered office: Milton Gate, 60 Chiswell Street, London EC1Y 4SA

Registered in England and Wales Reg. No. 04431957

ICE Endex Gas Spot LTD

Registered office: Milton Gate, 60 Chiswell Street, London EC1Y 4SA

Registered in England and Wales Reg. No. 08254731

Interactive Data Desktop Solutions (Europe) Limited

Registered office: Milton Gate, 60 Chiswell Street, London, EC1Y 4SA

Registered in England and Wales Reg. No. 05615484

Interactive Data Desktop Solutions (Europe) Limited is authorised and regulated by the Financial Conduct Authority (Reg. No. 476849).

ICE Markets Limited

Registered office: Milton Gate, 60 Chiswell Street, London, EC1Y 4SA

Registered in England and Wales Reg. No. 04346409

ICE Markets Limited is authorised and regulated by the Financial Conduct Authority (Reg. No. 211326).

LIFFE Services Limited

Registered office: Milton Gate, 60 Chiswell Street, London, EC1Y 4SA

Registered in England and Wales Reg. No. 02452356

LIFFE Services Limited is authorised and regulated by the Financial Conduct Authority (Reg. No. 206011).