Terms of Use

 

Our Terms and Conditions of Access.

This URL (www.concordenergy.com) and all appended pages linked to same) is a web-access information portal provided by Concord Energy Holdings LLC for your information. Access to this site is provided in consideration of and subject to the following terms and conditions:

Use of this site is at your own risk. In using this site, you understand that you are releasing Concord Energy Holdings LLC. (“Concord”) and all their officers, agents, owners and affiliates (hereafter “Released Parties”) for any and all liability for any direct, indirect, consequential or punitive damages incurred as a result of your access to or use of this site. You agree that this waiver of all liability includes, but is not limited to, any damages due to computer viruses that may enter your computer equipment due to accessing or downloading information from this site, loss of information or data, damages arising out of service interruptions, negligence or any other cause of action relating to your access, use or inability to access or use the site.

By accessing this site, you agree that Concord information is provided without warranty of any kind, either expressed or implied. Additionally, you hereby agree that the materials published and displayed on this URL do not constitute a contract, promise, warranty, or representation of the quality of any services of Released Parties. You agree to hold harmless the Released Parties from any claim, suit or demand relating to an allegation that the materials published and/or displayed on this URL create any contract, warranty, representation, or standard of care or duty on the part of the Released Parties. Access to this site is strictly subject to this waiver, and you hereby agree not to assert any claim, directly or as a third-party beneficiary, relating to any material displayed on this URL. You further hereby agree to hold the Released Parties harmless for any and all damages which may result from use of or reliance upon any of the information. This waiver includes, but is not limited to, all personal injuries (whether physical or emotional) and all business or economic loss incurred in connection with the use of any information featured on this site.

The Web Site is controlled by Concord from its offices within the city of Littleton, the state of Colorado, U.S.A. As such, the laws of the State of Colorado, U.S.A., will govern these Terms of Use, excluding any principles or rules of law that may direct the application of the law of another state. You hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of the State of Colorado, U.S.A., for any litigation arising out of or relating to the use of the Web Site, waive any objection to the venue of any such litigation in the Colorado courts and agree not to plead or claim in any Colorado court that such litigation brought therein has been brought in an inconvenient forum. Use of the Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation, this paragraph.

The materials provided through the Web Site including, but not limited to, all information, text, messages, images, photos, illustrations, designs, icons, files, trademarks, copyrighted material, specifications, catalogs, literature, technical information, advertisements, and other content or materials on the Web Site, as well as the organization and layout of the Web Site, are copyrighted and are protected by United States and international copyright laws and treaty provisions. You may access, download and print materials on the Web Site solely for your personal and non-commercial use, however, any print out of the Web Site, or portions of the Web Site, must include the copyright notice of the owner of such materials. No right, title or interest in any of the materials contained on this Web Site is transferred to you as a result of accessing, downloading or printing such materials. Unless otherwise specified, you may not copy, modify, distribute, transmit, display, reproduce, publish, license, create derivative works from, frame in another web site, use on any other web site, transfer or sell any information obtained from this Web Site. The foregoing prohibition expressly includes, but is not limited to, the practices of “screen scraping” or “database scraping” to obtain lists of users or other information. The trademarks and service marks used or displayed on the Web Site are either trademarks or service marks or registered trademarks or service marks of Concord or a third party. None of these trademarks or service marks may be used in any way without receiving the prior express written permission of the owner of the trademark or the service mark.

You agree that you will not use the Web Site in any manner that could damage, disable, overburden, or impair the Web Site or interfere with any other party’s use and enjoyment of the Web Site.

Except with the written permission of Concord, you agree that you will not access or attempt to access password protected, secure or non-public areas of the Web Site. Unauthorized individuals attempting to access prohibited areas of the Web Site may be subject to prosecution.

You agree that if Concord, in its sole and unfettered discretion, requests in writing that you remove any link or links to the Web Site, you will promptly do so.

You agree that Concord may, in its sole discretion and at any time, terminate your access to and use of the Web Site, or any part thereof, with or without notice.

If you post, upload, submit or otherwise transmit any content on or through the Web Site, you agree to provide true, accurate and complete information and to refrain from impersonating any person or entity and from falsely representing your affiliation with any person or entity.

YOUR USE OF AND RELIANCE UPON THE CONTENT, INFORMATION OR SERVICES PROVIDED THROUGH THIS WEB SITE ARE PROVIDED ON AN “AS IS” AND AS AVAILABLE BASIS. CONCORD MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE APPROPRIATENESS, ACCURACY, SUFFICIENCY, CORRECTNESS, VERACITY, VALUE, COMPLETENESS, OR TIMELINESS OF SUCH CONTENT, INFORMATION OR SERVICES. CONCORD EXPRESSLY DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, NON INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CONCORD DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, INFORMATION, SERVICES, TEXT, GRAPHICS, LINKS OR OTHER ITEMS PROVIDED THROUGH THE WEB SITE. CONCORD MAY MAKE CHANGES TO THIS WEB SITE AT ANY TIME WITHOUT NOTICE. WHILE CONCORD STRIVES TO KEEP THE INFORMATION ON THIS WEB SITE ACCURATE AND CURRENT, CONCORD CANNOT GUARANTEE THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION. INFORMATION WITHIN THE WEB SITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CONCORD RESERVES THE RIGHT TO MAKE CHANGES, CORRECTIONS AND/OR IMPROVEMENTS TO THE INFORMATION CONTAINED WITHIN THIS WEB SITE AT ANY TIME, AND WITHOUT NOTICE.

ANY FILES, PROGRAMS OR MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEB SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

LIMITATION OF LIABILITY – IN NO EVENT SHALL CONCORD BE LIABLE TO YOU FOR ANY LOSS, EXPENSE OR DAMAGES INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES AND INCLUDING LOST PROFITS OR LOST REVENUE, CAUSED DIRECTLY OR INDIRECTLY BY ANY ERRORS OR OMISSIONS OR BY THE USE OR RELIANCE UPON SUCH CONTENT, INFORMATION OR SERVICES, USE OR PERFORMANCE OF THE WEB SITE, THE DELAY OR INABILITY TO USE THE WEB SITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR THE USE, EXISTENCE OR RELIANCE UPON ANY CONTENT, INFORMATION OR SERVICES PROVIDED THROUGH THE WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CONCORD HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEB SITE OR RELATED SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEB SITE AND RELATED SERVICES.

INDEMNIFICATION – YOU AGREE TO INDEMNIFY AND HOLD CONCORD, ITS AFFILIATES, OFFICERS AND EMPLOYEES, AND ALL THIRD PARTIES THAT PROVIDE CONTENT, INFORMATION OR SERVICES THROUGH THE WEB SITE, HARMLESS FROM ANY AND ALL CLAIMS AND DEMANDS, INCLUDING, BUT NOT LIMITED TO REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF THE WEB SITE.

You agree that Concord may in its sole discretion and at any time terminate your access to and use of the Web Site, or any part thereof, with or without notice.

You agree that any communication or material you transmit to the site by electronic mail or otherwise, including questions, comments, data and suggestions, becomes property of the Released Parties, and will be treated as nonconfidential and non-proprietary. Anything you transmit or post may be used by Concord or its affiliates for any purpose such as reproduction, disclosure, broadcast or posting. Images of people or places displayed on the site are either property of, or used with permission by, Concord. The unauthorized use of these images is prohibited unless specific permission is provided. The trademarks, logos, and service marks displayed on this site are registered and unregistered trademarks of Concord or others.

Concord is not responsible for the content of any off-site pages or any other sites linked to this page. If you link to any other off-site pages or sites, you do so at your own risk and you agree to hold harmless the Released Parties from any liability relating to their use.

You have relied upon no representation or statement contradicting this waiver in agreeing to access this site, unless in writing and signed by a duly authorized agent of Concord. You agree that, in the event that any portion of this waiver agreement is found invalid, the remaining portions of the agreement shall remain in full force and effect. You agree that this agreement shall be construed according to the laws of the state of Colorado, in the United States of America.

The pricing for NG and CL as well as weekly settlement prices are provided from the Chicago Mercantile Exchange and are for informational use only. Concord does not guarantee the accuracy of the information obtained or displayed from the Chicago Mercantile Exchange.

The information contained on this web site is believed to be reliable and while every effort has been made to insure that the information is accurate, Released Parties disclaim any implied warranty or representation about its accuracy, completeness or appropriateness for any particular purpose. This includes but is not limited to information provided by any third party which is accessed through this site via a hyperlink. Those persons who access this information assume full responsibility for the use of said information and understand that Concord is not responsible or liable for any claim, loss or damage arising from the use of any information contained on this site.

Any reference to specific products, companies or services does not necessarily constitute or imply recommendation or endorsement by Concord.

You agree to all above terms and conditions, and you agree to hold harmless Concord and Released Parties from any and all claims resulting from your access and use of this site and the products or services featured in it. By entering this URL, you verify that you have read and understand all these terms and conditions without reservation.