Terms of Use

YOU SHOULD READ THIS LEGAL AND PRIVACY STATEMENT BEFORE USING THIS WEBSITE. BY CONTINUING TO ACCESS OR USE THIS WEBSITE, YOU EXPRESSLY ACKNOWLEDGE AND AGREE TO THE TERMS AND CONDITIONS SET FORTH IN THIS LEGAL AND PRIVACY STATEMENT.

THE MATERIALS PROVIDED AT THIS SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.

By accessing, visiting, or otherwise utilizing the Global Carbon Exchange, LLC (Global Carbon Exchange) web site (the "Site"), you agree to adhere to the following terms and conditions by clicking on the "I Accept", "I Agree" or other similar phrases, button. You represent that you have read and understand each of the terms and conditions described below and agree that these terms and conditions apply to your use of the Site. If you do not agree to accept the following terms and conditions, you may not conduct any business over our Site, use the Site, or register as a Registered Member.

It is important that you read these terms and conditions carefully. Any business that you conduct over our Site, and your use of our Site, is subject to these terms and conditions.

Definitions

In these terms and conditions (and the Privacy Statement which is incorporated hereunder):

"Affiliate" or "affiliation" means an entity controlled by, controlling or under common control of the relevant party.

"Authorized person" means, in the case of a username that is provided to a corporation or other entity, any officer or agent who is authorized to act on behalf of the corporation or entity.

"Hyperlinks" are highlighted words or pictures within a hypertext document that when clicked take a User to another place within the document, to another document, or another web site, typically operated by a party that is not an Affiliate of Global Carbon Exchange.

"Information" means all information transmitted over the Site and shall include Market Data and news.

"Market Data" means last sale prices, bids, offers, information related to those prices, bids and offers and other similar financial or transactional information provided to a User.

"Marketing Partners" means those entities providing products and services through Global Carbon Exchange.

"Registered Members" means any User who has registered with Global Carbon Exchange. Currently, this includes those Users described as an Executive Trader, Trader, Subscriber, or Virtual Trader within Global Carbon Exchange's membership registration process and other titles which may be added at a future date.

"Site" means the Global Carbon Exchange web site.

"Trade Request" means the form completed by Users, which provides details as to their bid or offer to buy or sell emission reductions in whatever form (including derivatives) through Global Carbon Exchange.

"Trading Floor" means that portion of the Site which includes Market Data and information concerning the trading or exchange, the simulation of the trading or exchange, and the portfolio management, of emission reductions.

"Us", "we" and "Global Carbon Exchange" means Global Carbon Exchange, LLC.

"User", "you" or "your" means any person accessing, browsing, utilizing, or participating in the use, of the Site either manually or via an automated device or program.

"User Codes" means collectively the usernames and passwords designated for your use on our Site.

License to use the Site

Global Carbon Exchange agrees to furnish to a User access to Global Carbon Exchange's Site pursuant to a non-exclusive, non-transferable, revocable license. The mode of delivery may change from time to time. Global Carbon Exchange reserves the right, in its sole discretion, to limit or terminate your access to the Site and to accept, reject or check any trade, order, transaction or other request from any User. Information input by the User will be deemed transmitted when received by Global Carbon Exchange. Further, the use of some parts of the Site by a User may be subject to Global Carbon Exchange's credit criteria and subject to credit limits imposed by Global Carbon Exchange; and Global Carbon Exchange reserves the right, in its sole discretion, to change such credit limits at any time without notice to a User.

No Warranties and Limitation of Liability

ACCESS TO THE SITE, AND ALL INFORMATION AND CONTENT, IS PROVIDED "AS IS." CO2E.COM MAKES NO WARRANTIES (EXPRESS OR IMPLIED), REPRESENTATIONS, OR GUARANTEES AS TO MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRIGEMENT OR OTHERWISE WITH RESPECT TO THE SITE, ITS CONTENT, ANY DOCUMENTATION OR ANY HARDWARE OR SOFTWARE PROVIDED BY CO2E.COM. TECHNICAL DIFFICULTIES COULD BE ENCOUNTERED IN OPERATION, FUNCTIONALITY, AVAILABILITY, OR CONNECTION WITH THE SITE. THESE DIFFICULTIES COULD INVOLVE, AMONG OTHERS, THE COMPLETE DISCLOSURE OF ANY AND ALL INFORMATION PROVIDED BY YOU TO US TO THE PUBLIC, FAILURES, DELAYS, MALFUNCTIONS, SOFTWARE EROSION OR HARDWARE DAMAGE. THESE DIFFICULTIES COULD BE THE RESULT OF HARDWARE, SOFTWARE OR COMMUNICATION LINK INADEQUACIES OR OTHER CAUSES. SUCH DIFFICULTIES COULD LEAD TO POSSIBLE ECONOMIC AND/OR DATA LOSS. IN NO EVENT WILL CO2E.COM, ITS AFFILIATES, ITS VENDORS OR ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY POSSIBLE LOSS, COST OR DAMAGE INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL DAMAGES WHICH MIGHT OCCUR AS A RESULT OF OR ARISING OUT OF USING, ACCESSING, INSTALLING, MAINTAINING, MODIFYING, DEACTIVATING OR ATTEMPTING TO ACCESS THE SITE OR OTHERWISE. FURTHER, THERE WILL NO LIABILITY TO YOU WITH RESPECT TO THE SERVICES, CONTENT, SITE OR ANY SOFTWARE UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY, INCLUDING WITHOUT LIMITATION LIABILITY (I) FOR ANY DELAY OR FAILURE TO COMPLETE A REQUEST, ORDER, OR TRADE, OR (II) FOR ANY COST OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY OR SERVICES, OR (III) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, TRADING LOSSES, LOSS OF ANTICIPATED PROFITS, LOSS BY REASON OF SHUTDOWN IN OPERATION OR INCREASED EXPENSES OF OPERATION, COST OF COVER, OR OTHER INDIRECT LOSS OR DAMAGE, EVEN IF CO2E.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Privacy Statement

Global Carbon Exchange's privacy policies are detailed in our Privacy Statement. By consenting to these terms and conditions you are agreeing to be bound by the provisions in to Global Carbon Exchange's Privacy Statement.

Information Provided by Users & Authority

You accept responsibility for all Information submitted through your access to the Site, using the User Codes or otherwise. In the event that Information is submitted through to the Site erroneously, or any User later determines that Information should not have been submitted, for any reason, the User accepts full financial responsibility for such entry. Further, by logging on to our Site on behalf of an entity or corporation, you are agreeing that you have the right and authority to bind that entity or corporation to the obligations and responsibilities incurred by utilizing this Site.

User Code Protection

The User Codes are for the personal use of the User's authorized personnel only and such authorized personnel are not permitted to provide the User Codes to or permit the User Codes' use by any other party. The User shall be solely responsible for the safeguarding, security and confidentiality of the User Codes and shall be responsible for all use, activities and transactions associated with or arising from User's use of the Site. The User agrees to notify Global Carbon Exchange immediately in the event of loss or theft of part or all of the User Codes, or if the User believes the confidentiality of part or all of the User Codes has been compromised in any way, or in the event that the User learns about a possible or actual unauthorized use of the Site. The User shall implement and enforce procedures sufficient to ensure that all transactions related to the User's use of the Site comply in all respects with the laws, rules and regulations to which User and its transactions are subject. If you or any authorized person loses any or all of these identification devices or handles them in a manner that permits any third party to discover them, you are solely responsible for any transactions or other actions that occur using them until you notify us of that loss or discovery and we have had a reasonable opportunity to act on your notice. If any third-party gains access to our online services through your User Codes, you will cooperate in defending and indemnifying us against any liability, costs or damages arising out of claims or suits by such third parties based on or relating to such access or use. The User shall implement and enforce procedures governing authorized access, validation of transaction size and verification of the accuracy of Information submitted to the Site.

User's Responsibility for Monitoring

If you enter or input a request, order, trade or information through our online services, it is your responsibility to review the confirmations, reports or responses on first receipt, to ensure that your Information has been properly entered and transmitted. You understand and agree that, as a condition of using our online services, you will immediately notify Global Carbon Exchange if:

• you receive acknowledgment of a transaction that you did not enter into or any similar conflicting or inaccurate confirmation, report or response; or
• you become aware of any unauthorized use of your User Codes or any similar identification device.

If you fail to notify us when any of the above conditions occur, neither Global Carbon Exchange, its Affiliates, nor any of their respective directors, officers, employees or agents can or will have any responsibility or liability to you or to any other person whose claim may arise through you for any claims with respect to the handling, mishandling or loss of any request, order, trade or information.

No Guarantee of Uninterrupted Service

We cannot guarantee the privacy or transmission speed of any request, order or trade. We cannot guarantee that our online services will be operated without interruption or error free or that we will actually receive information you transmit to us. Therefore, you agree that your use of our services is "as is" and at your own risk, and that you will not hold us responsible for any information, communication, request, order or trade that is delayed or lost while in transit to us or whose security is compromised.

If you experience difficulties placing a request, order, trade or sending information, you should promptly contact us: This e-mail address is being protected from spam bots, you need JavaScript enabled to view it

Electronic Communication Delivery

We may deliver communications to you electronically. You acknowledge that, by receiving communications electronically, you may incur online charges depending on how you arrange for online services.

You agree to notify Global Carbon Exchange immediately by e-mail of any change in your e-mail address and we shall require that you provide certain information prior to changing your e-mail address. Communications sent by us to your e-mail address will, until we have received written notice of a different e-mail address delivered to us, be deemed to have been personally delivered to you whether actually received by you or not. You also authorize us to deliver to you any communication by sending you a notice by e-mail or otherwise that directs you to an address on our Site where the communication is posted and from where it can be read and printed. You agree that our sending such a notice will constitute good and effective delivery to you of the communication regardless of whether you follow the directions in the notice and actually access the communication from our Site.

Users should note that checking boxes, or clicking buttons, that state "I Accept," "I Agree" or other similar phrases on our Site will be a legally binding obligation to these terms and conditions, any other provisions in which you give your assent in the above manner.

Monitoring E-Mail

For your and our protection and to correct misunderstandings, you understand and agree that we may monitor and retain e-mail communications conducted with us. Personally identifiable information, including the contents of and addresses of e-mail, may be shared with our Affiliates and third parties, such as Marketing Partners. A User may be able to opt-out of having such information shared with third parties, except such information may be disclosed by Global Carbon Exchange in order to be in compliance with all appropriate and applicable regulations and laws for the conduct of the business of Global Carbon Exchange and in response to a request or demand for such information made by any governmental entity, including law enforcement agencies of such governmental entity.

No Legal, Taxation or Accounting Advice

You acknowledge that we do not provide, through our Site or otherwise, any legal, taxation or accounting advice. You assume full responsibility with respect to legal, taxation and accounting matters relating to your use of the Site.

Not a Recommendation or Solicitation

We may make information available to you through our Site about various transactions, investment strategies or services, including our own reports and commentaries and materials prepared by others. You should not view the fact that we make this information available as our recommendation to you of any particular transaction, investment strategy, service or service provider. This information is not personalized and is in no way tailored to reflect your own financial circumstances or investment objectives, and the transactions or investment strategies discussed might not be suitable for you. You acknowledge that you are not relying upon any representations or opinions of Global Carbon Exchange to influence your decision to execute any transaction, whether through the Site or otherwise. We are not acting as a fiduciary or a financial, investment or trading or other advisor for you and we have no obligation to determine that any transaction or service is suitable for you.

Global Carbon Exchange is not a securities broker, broker-dealer, investment adviser, futures commission merchant, commodities trading advisor, commodity pool operator or securities or commodities exchange. Global Carbon Exchange is not a bank or savings bank and does not take deposits or make loans or otherwise conduct a banking or deposit-taking function.

Global Carbon Exchange is a Venue Only

The Site serves only as a venue for the authorized sale of emissions offsets and delivery of associated services and tools. Global Carbon Exchange is not involved in the actual transaction. As a result, Global Carbon Exchange has no control over the quality, safety or legality of the services or items offered for sale, the truth or accuracy of the listings, or the ability of Users to buy or sell these emissions offsets or seek or provide associated services.

Global Carbon Exchange makes no representations or endorsements regarding the quality, accuracy, reliability or condition of any item or Information posted on the Site. Global Carbon Exchange does not control the quality, safety, truth or accuracy of the listings or Information and makes no representation thereof. Global Carbon Exchange shall assume no obligation or responsibility for investigating the background or confirming the identity of Users. Global Carbon Exchange shall have no obligation to review the Site's content and Information, or to remove any such Information. Global Carbon Exchange reserves the right, in its sole discretion, to monitor, review, remove, edit, or delete or refuse to post, any Information that Global Carbon Exchange deems objectionable or in violation of any term of these terms and conditions. Global Carbon Exchange does not make any representation or warranty regarding the accuracy of any Information provided by a User and Global Carbon Exchange makes no guarantee that a User actually will complete any transaction.

Not Responsible for News & Information

You agree that the Information we provide you (directly or indirectly through a third-party information provider) are for your personal use only and you will not retransmit or republish this Information in any form. You acknowledge that the Information is obtained from sources we believe reliable, is provided solely on an "as available" basis for your convenience, and that no guarantees are made by us or by any information provider as to the Information's accuracy, completeness or timeliness. You shall not hold Global Carbon Exchange liable in any way for any inaccuracy, error or delay in, or omission of, any Information or message or non-performance or interruption in such Information or message, due either to any negligent act or omission by Global Carbon Exchange, to any "force majeure" or to any other cause beyond our reasonable control. While Global Carbon Exchange uses reasonable efforts to obtain Information from reliable sources, we make no representations or warranties as to the accuracy, reliability or completeness of any Information on this Site. Information, opinions and any other contents of this Site are subject to change without notice.

Hyperlinks

This Site may provide links to certain web sites sponsored and maintained by third parties. Such web sites are publicly available and Global Carbon Exchange is providing access to such web sites through this Site solely as a convenience to you. The content of other web sites, services, goods or advertisements that may be linked to this Site is not maintained or controlled by Global Carbon Exchange, and Global Carbon Exchange makes no representations or warranties concerning the content of such web sites and the fact that access to such web sites is provided does not constitute any endorsement, authorization or sponsorship of such web sites or their sponsors by Global Carbon Exchange nor is there any affiliation between Global Carbon Exchange and such sponsors and such sponsors do not endorse, authorize or sponsor this Site. Moreover, Global Carbon Exchange is in no way responsible for the availability, content or accuracy of other web sites, services or goods that may be linked to, or advertised on, the web site and does not make any warranty, express or implied, with respect to the use of the links provided on, or to, the web site, or guarantee the accuracy, completeness, usefulness or adequacy of any other web sites, services, goods or advertisements that may be linked to the Site. You understand and agree that you will use or rely on such web sites solely at your own risk and that Global Carbon Exchange does not grant to you any rights in respect of such web sites.

Screaming Media Content

When you use the Site, access to certain news and information provided by Screaming Media, Inc. ("Screaming Media" and the "Screaming Media Information") might be made available to you. The Screaming Media Information is the sole and exclusive property of Screaming Media or its licensor. By accessing the Screaming Media Information, you agree to be bound by the following terms and conditions:

• Neither Screaming Media or any of its licensors or affiliates guarantees the timeliness, sequence, accuracy or completeness of the Screaming Media Information;
• THE SCREAMING MEDIA INFORMATION IS PROVIDED "AS IS". NEITHER SCREAMING MEDIA OR ANY OF ITS LICENSORS OR AFFILIATES SHALL BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY LOSS OR DAMAGE ARISING FROM INACCURACIES, ERRORS, OMISSIONS, DELAYS, INTERRUPTIONS OR NON-PERFORMANCE DUE TO ANY NEGLIGENT ACT OR OMISSION OF SCREAMING MEDIA OR ANY OF ITS LICENSORS OR AFFILIATES;
• Neither Screaming Media or any of its licensors or affiliates may be held liable for any discontinuance in the provision of the Screaming Media Information or for any change in the manner of distribution for any reason;
• The Screaming Media Information is made available solely for your personal use and you are prohibited from furnishing such information to any other person or entity;
• At any time, Screaming Media or its distributor may terminate your access to the Screaming Media Information; and
• Screaming Media is a third-party beneficiary under these terms and conditions and is entitled to enforce the terms of these terms and conditions by legal proceeding or otherwise against you or any person or entity that gains access to the Screaming Media Information other than as these terms and conditions contemplate. You shall pay the reasonable attorney's fees that Screaming Media may incur in so enforcing the terms of these terms and conditions.

SCREAMING MEDIA AND ITS AFFILIATES, ITS SOURCES (OR OTHER DISTRIBUTION AGENT) AND ITS AFFILIATES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, REPRESENTATIVES (THE "SCREAMING MEDIA PARTIES") SHALL NOT BE LIABLE TO Global Carbon Exchange OR ITS VENDORS OR USERS, OR REGISTERED MEMBERS FOR ANY LOSS OR DAMAGE, DIRECT, INDIRECT OR CONSEQUENTIAL, ARISING FROM (i) ANY INACCURACY OR INCOMPLETENESS IN, OR DELAYS, INTERRUPTIONS, ERRORS OR OMISSIONS IN THE DELIVERY OF SCREAMING MEDIA INFORMATION OR ANY OTHER INFORMATION (HEREINAFTER REFERRED TO AS THE "DATA" ) SUPPLIED TO Global Carbon Exchange, ITS VENDORS, USERS, OR REGISTERED MEMBERS OR (ii) ANY DECISION MADE OR ACTION TAKEN BY Global Carbon Exchange OR ANY OF ITS VENDORS, USERS, OR REGISTERED MEMBERS IN RELIANCE UPON THE DATA. THE SCREAMING MEDIA PARTIES SHALL NOT BE LIABLE TO Global Carbon Exchange OR ITS VENDORS, USERS, OR REGISTERED MEMBERS FOR LOSS OF BUSINESS REVENUES, LOST PROFITS OR ANY PUNITIVE, INDIRECT, CONSEQUENTIAL, SPECIAL OR SIMILAR DAMAGES WHATSOEVER, WHETHER IN CONTRACT, TORT OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE CUMULATIVE LIABILITY OF THE SCREAMING MEDIA PARTIES ARISING OUT OF ANY LEGAL CLAIM IN ANY WAY CONNECTED TO THE DATA EXCEED THE FEES PAID BY Global Carbon Exchange HEREUNDER DURING THE TWELVE (12) MONTHS PRIOR TO THE INCIDENT GIVING RISE TO SUCH CLAIM.

Global Carbon Exchange EXPRESSLY ACKNOWLEDGES THAT THE SCREAMING MEDIA PARTIES DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, TO Global Carbon Exchange OR ITS VENDORS OR USERS OR REGISTERED MEMBERS WITH RESPECT TO THE DATA, INCLUDING, WITHOUT LIMITATION: (i) ANY WARRANTIES WITH RESPECT TO THE TIMELINESS, SEQUENCE, ACCURACY, COMPLETENESS, CURRENTNESS, MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE DATA OR (ii) ANY WARRANTIES AS TO THE RESULTS TO BE OBTAINED BY Global Carbon Exchange, ANY OF ITS OR VENDORS, OR USERS, OR REGISTERED MEMBERS ANY OTHER PERSON OR ENTITY IN CONNECTOIN WITH THE USE OF THE DATA.

Market Data

You agree that:

• we own the rights to all Market Data we supply;
• we do not guarantee the timeliness, sequence, accuracy or completeness of Market Data or other messages that we may disseminate;
• we are not liable to you or to any other person for any loss or damage arising from inaccuracies, errors, omissions, delays, interruptions or non-performance due to any negligent act or omission by us or to any other cause beyond our reasonable control;
• we shall not be held liable for any discontinuance in the provision of Market Data or for any change in the manner of distribution for any reason;
• Market Data is made available for your own personal use and you are prohibited from furnishing it to any other person or entity;
• we may terminate your receipt of any or all Market Data at any time; and
• Market Data posted by Global Carbon Exchange and any transaction to which a Global Carbon Exchange Registered Member is a party is confidential and proprietary information and you shall not in any way disclose this Market Data to any third party other than those with whom you have a confidential or fiduciary relationship and shall be used, in all instances, solely for your internal business purposes.

Proprietary Information & Copyright

All present and future rights in and to trade secrets, trademarks, service marks, copyrights, patents and other proprietary rights under the laws of any domestic or foreign governmental authority (the "Intellectual Property Rights") shall at all times be and remain the sole and exclusive property of Global Carbon Exchange. Except as specifically permitted by these terms and conditions, you shall not use the Intellectual Property Rights or the Site, or any derivations thereof, for any purpose, without Global Carbon Exchange's prior written approval. You agree to protect the proprietary rights of Global Carbon Exchange and all others having rights in the Site and to comply with all reasonable written requests made by Global Carbon Exchange or its suppliers of content or otherwise ("Suppliers") to protect their and others' contractual, statutory and common law rights in the Site. You agree to provide Global Carbon Exchange with prompt written notice of any unauthorized access or use of the Site by any party or of any claim that the Site infringes upon any copyright, trademark or other contractual, statutory or common law rights.

You acknowledge and agree that the contents of our Site are protected by applicable copyright law and that you do not have permission to copy, distribute, modify, post or frame any text, graphics, video, audio, software, user interface, design or logos contained on our Site. Global Carbon Exchange owns and maintains this Site. The trademarks, logos and service marks displayed on this Site are registered trademarks of Global Carbon Exchange and others. Nothing on this Site shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any image, trademark, logo or service mark on the Site. No act of downloading or otherwise copying from this Site will transfer title to any software or material on this Site to you. Anything that you transmit to this Site or Information becomes the property of Global Carbon Exchange, may be used by Global Carbon Exchange for any lawful purpose and is further subject to disclosure as deemed appropriate by Global Carbon Exchange including to any legal or regulatory authority to which Global Carbon Exchange is subject to be in compliance with or subject to a request by same. Global Carbon Exchange reserves all rights with respect to copyright and trademark ownership of all material on this Site and Information, and will enforce such rights to the full extent of the law.

Copyright Infringement & Designation of Agent

Global Carbon Exchange respects the intellectual property rights of others and requires those that visit our Site to do the same. Global Carbon Exchange may, in appropriate circumstances and at its discretion, remove or disable access to material on its Site that infringes upon the copyright rights of others. Global Carbon Exchange also may, at its discretion, remove or disable links or references to an on-line location that contains infringing material or infringing activity.

If you believe that your work has been used on our Site in any manner that constitutes copyright infringement, please notify Global Carbon Exchange's copyright agent by written notice or by e-mail. The notice should include the following information:

• an electronic or physical signature of a person authorized to act on behalf of the owner of the copyright allegedly infringed;
• a description of the copyrighted work you claim has been infringed, including a copy of the copyrighted work or the web page address where the copyrighted work may be found;
• identification of the location on our Site of the material you claim has been infringed, or the link or reference to another web site that contains the material you claim has been infringed;
• your name, address, telephone number and e-mail address;
• a statement by you that you have a good faith belief that the disputed use of the material at issue is not authorized by the copyright owner, the agent of the copyright owner or the law; and
• a statement by you, under penalty of perjury, that the information in this notification is accurate and that you are the copyright owner of the material allegedly infringed or authorized to act on the copyright owner's behalf.

Global Carbon Exchange's copyright agent for notice of claims of copyright infringement on this Site is William B. Wilhelm, Jr. Attorney at Law, who can be reached as follows:

By Mail:
William B. Wilhelm, Jr.
Swidler Berlin Shereff Friedman LLP
3000 K St, NW Suite 300
Washington DC 20007
By e-mail:

Amendments

Global Carbon Exchange can amend these terms and conditions relating to your use of our online services and the Site. Your conduct of any business through our Site after such amendments will constitute your agreement to the amendments. Absent such action, Global Carbon Exchange is under no obligation to use e-mail to notify Users of amendments.

Trade Requests

You understand the terms, conditions and risks (economic and otherwise) of your submitting a request, order, trade, information (including a Trade Request) and you are capable of assuming and willing to assume (financially and otherwise) those risks.

You acknowledge that you are submitting a Trade Request as principal, and not as agent, fiduciary or any other capacity.

Indemnity

You agree to indemnify, hold harmless, and defend at you own cost Global Carbon Exchange and its officers, directors, employees, agents, successors, and assigns from and against any liability, claim, loss or damage (including attorney's fees and other expenses) arising out of, or in connection with, any inaccuracy of a representation or breach of a warranty or covenant made by you herein.

Severability

Should any provision of these terms and conditions be held by a court of law to be illegal, invalid or unenforceable, the legality, validity, and enforceability of the remaining provisions of these terms and conditions shall not be affected or impaired thereby. The failure of any party to enforce any of the terms or conditions, unless waived in writing, shall not constitute a waiver of that party's right to enforce each and every term and condition herein. Any prior agreements between you and Global Carbon Exchange shall remain in full force and effect. In the event that there are conflicts between such prior agreements and these terms and conditions, these terms and conditions shall control.

Disputes & Notice

These terms and conditions shall be governed by, and construed in accordance with, the laws of Australia applicable to contracts made and to be fully performed.

Notices for service of process for Global Carbon Exchange should be sent to
General Counsel
Global Carbon Exchange.Pty Ltd
88 Philips St
Sydney 2000
Australia

No Representations

The Site is designed for sophisticated individuals and institutions. Notwithstanding the foregoing, Global Carbon Exchange makes no representation or warranty with respect to the authentication, eligibility or qualification of any User (including Registered Members) or Marketing Partner. Determination of the eligibility, qualification or creditworthiness of any User (including Registered Members), or Marketing Partner is the responsibility of the Users entering into any request, order, trade or transaction.

I hereby acknowledge that I have carefully read and reviewed all of the terms and conditions above and I and any person authorized to act on behalf of the User hereby understand and consent to all of these terms and conditions.

Posted and Effective: March 23, 2007