Effective: February 17, 2011

Overview

Welcome to the Belafigura LLC ("Belafigura", "we", "our", "us") website (“website”, “site”). Please read these terms and conditions carefully. By using or accessing this website, the home page of which is located at www.belafigura.com, you acknowledge that you: have read and understood these terms and conditions; and are at least eighteen (18) years of age or older and are not under any legal or other disability which limits your ability to comply with these terms and conditions. If you do not agree to these terms, then please do not use this website. Limited License

The entire content included in this website and all of its materials, including but not limited to text, code, artwork, photographs, images, video, and audio (collectively, "Materials") are protected by United States copyright laws and other international laws or treaties. The Materials include works that are licensed to Belafigura. All Materials are provided as a service to current and prospective Belafigura customers and may only be used for personal informational and product ordering purposes only. No right, title or interest in our Materials is conveyed to you. This is a limited license, not a transfer of title to our Materials, and such license is subject to the following restrictions:

• You may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license or otherwise exploit this website or any of its Materials without the prior written permission of Belafigura;
• You may not access or use the Belafigura website for any competitive or commercial purpose; and
• You will not permit any copying of our Materials. Any unauthorized copying, alteration, distribution, transmission, performance, display, or other use of these Materials is prohibited. We may revoke this limited license at any time for any or no reason. All rights not expressly granted are reserved by Belafigura.

Trademarks

Belafigura retains all rights regarding trademarks, trade names, brand names and trade dress used in this website. These marks, names or trade dress, and all associated logos or images, are registered trademarks of Belafigura and are protected by the laws of the United States and other international laws and treaties. No license to the use of such marks, names or trade dress is granted to you under these terms and conditions or by your use of the Belafigura website. Your misuse of the trademarks displayed on the Belafigura website is strictly prohibited. You are also advised that Belafigura will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of civil remedies and criminal prosecution.

Warranty Disclaimer

This website and Materials in this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Belafigura disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. We do not represent or warrant that the functions contained in this website will be uninterrupted or error-free, that the defects will be corrected, or that this site or the servers that make the site available are free of viruses or other harmful agents or components. We do not make any warrantees or representations regarding the use of the Materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. In addition, Belafigura makes no representation and specifically disclaims any warranty regarding any website linked to this website. Certain jurisdictions do not allow limitations on implied warranties. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you might have additional rights.

Limitation of Liability

You agree that neither Belafigura nor its affiliates (including the directors, officers, employees, agents, contractors, successors or assigns of each), shall be liable for any special or consequential damages that result from the use of (or the inability to use) this website, other websites linked to this website, the Materials on this website or the performance of the products on this website. This waiver of liability applies to direct, indirect, incidental, consequential, special, punitive, exemplary or other damages you or others may suffer, as well as, damages for lost profits, business interruption or the loss of data or information, even if Belafigura is notified in advance of the potential for any such damages and regardless of the form of action, whether in contract, tort, warranty, strict liability or otherwise. Applicable law in certain jurisdictions may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitations or exclusions may not apply to you.

Use Restrictions

This website is for your personal, non-commercial use only. You agree that you will not use this website for any commercial or political purpose including, but not limited to, advertising, soliciting funds, collecting product prices or selling products; to monitor, gather or copy content on this website by using any robot, spider, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; to frame or utilize framing techniques to enclose any trademark or other proprietary information including, but not limited to, any images, text, or page layout; use any meta tags or any other "hidden text" utilizing the Belafigura name or any trademarks; to engage in any activity that interferes with a user's access to this website or the proper operation of this website. You may not modify, reproduce, duplicate, copy, distribute, sell, resell, publish, license, visit or otherwise exploit this website for any commercial purpose. Impersonation of others, including a Belafigura or other licensed employee or representative, as well as, other members or visitors on this website is prohibited.

Unlawful Conduct

You agree that you are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material, or any other unauthorized material on the Belafigura website that could give rise to any civil or criminal liability under the law, as well as, anything in contravention of these terms and conditions. Belafigura reserves the right to seek all remedies available at law and in equity for violations of these terms and conditions, including the right to block access from a particular Internet address to this website and its content.

Participation Disclaimer

Belafigura does not and cannot review all communications and materials posted to or created by users accessing this website, and we are not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on this website, Belafigura is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any content or activities on this site. However, Belafigura reserves the right to block or remove materials or communications that we determine to be:

• a. Abusive, defamatory or obscene;
• b. Fraudulent, deceptive or misleading;
• c. In violation of a copyright, trademark or other intellectual property right of another;
• d. Offensive or otherwise unacceptable to us in our sole discretion.

Third-Party Links

In an attempt to provide increased value to our visitors, Belafigura may link to websites operated by third parties. However, even if the third party is affiliated with Belafigura, we have no control over these linked websites, all of which have separate privacy and data collection practices, independent of Belafigura. These linked websites are only for your convenience and therefore you access them at your own risk. Nonetheless, Belafigura seeks to protect the integrity of its website and the links placed upon it and therefore requests any feedback on not only its own website, but for websites it links to as well (including if a specific link does not work).

Registration

You will need to register and create an account in order to use some of the services or features made available to you on this website. When you register, you will be required to provide information about yourself that is accurate, current and complete in all respects. Should any of your registration information change, then please login to your account and update the necessary information or please notify us by sending an email to customersupport@belafigura.com.

Security and Password

You are solely responsible for maintaining the confidentiality of your account and password and for any and all statements made and acts or omissions that occur through the use of your account and password. Therefore, you must take steps to ensure that others do not gain access to your account and password. Belafigura personnel will never ask you for your password. You may not transfer or share your account with anyone, and Belafigura reserves the right to immediately terminate your account if you do transfer or share your account.

Electronic Communications

When you visit this website or send e-mails to us, you are communicating with us electronically and in turn you consent to receive communications from us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Belafigura will not inspect or disclose the contents of private communications except with the consent of the sender or the recipient, or in the narrowly-defined situations provided under the Electronic Communications Privacy Act, or as other required by law or by court or governmental order. Further information is available in our Privacy Policy. We may employ automated monitoring devices or techniques to protect our users from mass unsolicited communications (also known as "spam") and/or other types of electronic communications that we deem inconsistent with our business purposes. However, such devices or techniques are not perfect, and we will not be responsible for any legitimate communication that is blocked, or for any unsolicited communication that is not blocked.

Revisions

Belafigura may, in its sole discretion, and with or without notice to you, make changes to, or discontinue, any aspect of this website including, without limitation, any content, products, services or prices offered through this website. Belafigura shall not be liable to you or any third party should we exercise the right to modify or discontinue this website. Belafigura also reserves the right to revise these terms and conditions at any time and will notify you of any changes by posting them to this website. Any revisions to these terms and conditions will be effective immediately upon their posting and by browsing, using or purchasing products on this website, you are deemed notified and bound by any changes to these terms and conditions. We encourage you to review any changes to these terms and conditions each time you visit this website.

Typographical Errors

In the event that a Belafigura product is mistakenly listed at an incorrect price on this website, we reserve the right to refuse or cancel any orders placed for the product listed at the incorrect price. We reserve the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Belafigura shall issue a credit to your credit card account in the amount of the incorrect price.

Jurisdiction

Belafigura controls this website from its offices within the state of Maryland and we do not imply that the materials published on this website are appropriate for use outside of the United States of America. If you access this website on your own initiative from outside of the United States of America, then you are responsible for compliance with local laws. Your access and use of this website and our terms and conditions are governed in all respects in accordance with the laws of the state of Maryland, without regard to its conflicts of law provisions, and not by the 1980 United Nations Convention on contracts for the International Sale of Goods.

Governing Law

In the event that any of the terms or provisions of these terms and conditions shall be held by a court of competent jurisdiction to be unenforceable, then such terms or provisions shall be construed, as nearly as possible, to reflect the intentions of the parties with the other terms and provisions remaining in full force and effect.

You agree that any cause of action or claim against Belafigura arising from or relating to your access to and use of this website (including but not limited to the purchase of Belafigura products) and the provisions of these terms and conditions must be brought by you exclusively in the state or federal courts located in Maryland. You consent to the exclusive personal jurisdiction and venue of the state or federal courts located within the state of Maryland for the adjudication of all claims by Belafigura against you arising from or relating to your access to and use of this website and the provisions of these terms and conditions. Any cause of action or claim you may have with respect to this website (including but not limited to the purchase of Belafigura products) must be commenced within one (1) year after the claim or cause of action arises. If Belafigura fails to exercise or enforce any right or provision of these terms and conditions, then this shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Belafigura in writing and we may assign our rights and duties under this agreement to any party at any time without notice to you. Additionally, you acknowledge and agree that you will not seek to litigate any claims against Belafigura or any of its affiliates on a class action or representative party basis and that you shall pursue such claims solely on an individual basis.

Indemnification

You agree to indemnify, defend and hold harmless Belafigura, its affiliates, subsidiaries, officers, directors, employees, agents, licensors, and suppliers from and against all damages, liabilities, costs and expenses (including reasonable attorneys' fees), resulting from any violation of these terms and conditions or any activity related to your use of this website (including negligent or wrongful conduct).

Termination

These terms and conditions are applicable to you upon your accessing the website and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Belafigura without notice at any time, for any reason. The provisions relating to Limited License, Trademarks, Warranty Disclaimer, Limitation of Liability, Governing Law and Indemnification shall survive any termination.

Other Policies and Information

When making purchases, you consent to our Shipping and Returns Policy and agree to review it before ordering any product.

Please review our Privacy Policy which also governs your visit to this website.

If you have any questions or comments regarding these terms and conditions, please contact us directly by sending an email to customersupport@belafigura.com.