Terms of Use

3. User Identification.
During the Term Demand Exchange will issue Participant and each Administrative User and Authorized User (as defined below) a login password and ID required to access the Marketplace (“Login”). Participant shall ensure that each User maintains the privacy and secrecy of the Login. Participant shall be liable for and obligated by all actions and Trades entered through the Marketplace using the Logins of its Users. Participant shall not allow any persons that are not authorized to be its Users to know or use the Login. Demand Exchange is not liable for any actions taken in the Marketplace with Users’ Logins.

4. Marketplace Use.
Upon Participant’s receipt of a confirmation communication from Demand Exchange that Participant has been accepted as a Trader, Demand Exchange grants Participant, its Administrative Users and its Authorized Users the right during the Term to access and use the Marketplace only for the Purpose and as set forth in this Agreement and the Rules. Demand Exchange is entitled to terminate access of Participant or any of its Users at any time for violation of any applicable law or regulation or violation of this Agreement or the Rules. Participant shall be fully responsible to legally license, obtain and maintain from others all equipment, software and telecommunications services required for its Users to access and use the Marketplace. “Administrative Users” mean the Authorized Users that are officers or designated employees of Participant authorized to legally bind Participant, and to manage Participant’s account, including without limitation establishing, maintaining and terminating Authorized Users and updating Participant information. "Authorized Users" mean the Participant's employees and contractors and electronic agent computers that are authorized by Participant through an Administrative User to use the Marketplace to engage in Trades on behalf of Participant. Participant will be responsible for the validity and accuracy of the Participant account and User information, whether such information is entered on this Website by Participant, by any User, or by Demand Exchange on behalf of Participant. Participant will be responsible for all Trades entered by any User until Participant revokes the Login of that User or changes the authority of any User using the proper procedures.

5. Electronic Agreement.
While using the Marketplace, Users may be asked to agree to legally bind Participant to certain displayed Rules, Terms of Use and/or Electronic Agreements. Participant agrees that the Electronic Agreements shall be deemed to satisfy all applicable legal requirements for a writing and for execution. Demand Exchange makes no representation or warranty regarding the enforceability of any Electronic Agreements in all jurisdictions. Upon the request of Demand Exchange, Participant will provide its written signature, document delivery and further assurances in order to effectuate the Trades to which Participant enters Electronic Agreements.

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