DISCLAIMERS
© Kessler Energy, LLC. All rights reserved.
By any Kessler Energy product or service, you agree to the "Terms of Use"
available here. Authorized Users are subject to the applicable
"Master Agreement" or "Standard Master Agreement" available
here. Unauthorized access, reproduction or forwarding
(including electronically via email, file share or otherwise, even for internal
use) is strictly prohibited.
Kessler Energy, LLC is an investment advisor
registered under the Investment Advisers Act of 1940. A current version of our
Form ADV Part 2a can be found
here and Form ADV Part 2b can be found
here.
Certain employees of Kessler Energy and its
affiliates are compensated through commissions on the sale of research services.
As such, it is possible that this would give rise to a conflict of interest in
that these employees may be incentivized to recommend research services based
upon the compensation received, and not based on the client’s needs. Note,
however, that such commission payments are tied to the research provided, and
not to whether a client purchases or sells any underlying security.
An employee of Kessler Energy UK Ltd. that is
involved in the preparation of research and investment recommendations also
serves as Chief Operating Officer for a North Sea focused private independent
oil and gas company. As such, it may be possible that this employee is
incentivized to recommend research services based on a desire to positively
influence the investing public’s perception of the private company, its direct
investments and/or operating partners.
Kessler Energy, LLC and its affiliates ("Kessler") does not warrant, and shall have no
responsibility for, the accuracy, timeliness or completeness of the contents of
this Product, the underlying data, or any forecasts or analysis provided as part
of any "Products" or "Trial Products" as defined in the applicable "Master
Agreement" or "Standard Master Agreement", and all such data and information is
provided without any warranty of any kind, express or implied. In the case of
Alberta, Canada, certain underlying well-level data may be purchased directly
from the Alberta Energy Regulator. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, KESSLER PROVIDES THE PRODUCTS AND TRIAL PRODUCTS ON AN "AS IS" AND "AS
AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ORAL OR
WRITTEN, AND KESSLER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING
WITHTOUT LIMITATION ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT.
KESSLER SHALL NOT BE LIABLE TO CLIENT OR ANY USER FOR ANY INDIRECT,
CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF CLIENT’S OR ANY USER’S ACCESS
TO OR USE OF THIS PRODUCT OR OTHER PRODUCTS OR TRIAL PRODUCTS, EVEN IF KESSLER
HAS BEEN ADVISED OF THE POSSIBILITY OF THE OCCURRENCE OF SUCH DAMAGES. IF
KESSLER BECOMES LIABLE TO CLIENT FOR ANY REASON, SUCH LIABILITY SHALL NOT
EXCEED, IN THE AGGREGATE, THE AMOUNTS PAID BY CLIENT TO KESSLER IN THE TWELVE
MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. By using this
Product, Client agrees to defend, indemnify, and hold harmless Kessler its
affiliates, and their respective officers, directors, employees, agents and
representatives ("Kessler Group") from and against any and all costs,
liabilities, losses, and expenses (including, but not limited to, reasonable
attorneys’ fees) incurred by any member of the Kessler Group resulting from any
third party claim, suit, action, or proceeding brought against any member of the
Kessler Group arising from or in connection with Client’s access to or use of
the this Product and any other Products or Trial Products.
In the event of conflict between this Disclaimer
and the applicable Master Agreement or Standard Master Agreement the applicable
Master Agreement or Standard Master Agreement shall govern for the item(s) in
conflict.