DTN Addendum – Energy Digital Commerce
The following additional terms apply to the Energy Digital Commerce service:
|Cash Forward Contracts. Customer shall not enter any contracts or execute any transactions that cause DTN to be regulated under the Commodity Exchange Act or the Commodity Futures Modernization Act (collectively the “Acts”). When negotiating contracts and executing transactions in connection with Energy Digital Commerce, Customer shall ensure all transactions entered between Customer and any third party are characterized as “cash forward contracts” and not as “futures contracts” regulated by the Acts.
|DTN does not collect, and is not responsible for collecting, any sales tax, use tax, transfer tax, or any other tax or fee that might be assessed by any jurisdiction having taxing authority over any transaction facilitated through Energy Digital Commerce. Additionally, DTN is not responsible for calculating, reporting, withholding, or remitting taxes to any taxing authority in connection with transactions facilitated through Energy Digital Commerce.
|Customer represents and warrants that it has full power and authority to execute the transactions facilitated through Energy Digital Commerce without any further ratification or approval.
|Each party represents and warrants to the other party that executing and performing this Agreement will not violate any judgment, order, or decree; cause a default under any material contract under which the party or any of its material assets are bound; or be deemed an event that would, with notice or lapse of time, or both, constitute such a default.
|Customer is solely responsible for monitoring legal developments applicable to its business, determining how to comply with all applicable laws, and maintaining an ongoing compliance program. Customer acknowledges that DTN does not monitor or interpret the laws applicable to DTN’s diverse customer base or provide compliance services to customers. Consequently, DTN has no responsibility to monitor or interpret laws that might apply to Customer, Customer’s business, or Customer’s activities using Energy Digital Commerce.
|DTN does not qualify or pre-qualify buyers or sellers that use Energy Digital Commerce.
|DTN is not a party to any transaction facilitated through Energy Digital Commerce. Therefore, DTN disclaims all representations and warranties of any kind concerning any offered products, including without limitation all representations and warranties regarding the quality, safety, and legality of the offered products and the truth or accuracy of any product offerings. Additionally, DTN disclaims all representations and warranties of any kind as to the willingness or ability of any buyer or seller to complete transactions.
|Customer is solely responsible for independently verifying the background and credit worthiness of buyers with whom Customer enters into transactions.