CME Terms of Use
Last Updated 3/17/2018
1. Acceptance of Terms. These terms of use are entered into between You and Chicago Mercantile Exchange Inc. (“CME,” “we,” or “us”) the following terms and conditions, together with any documents expressly incorporated by reference (collectively “Terms of Use”) govern your access and use of www.cmegroup.com, including any content, functionality offered through or on www.cmegroup.com and the Systems and Services (“Website”), whether as a guest or registered user. By accessing, viewing or using any page, part or component of the Website, you have indicated your acknowledgement and acceptance of these Terms of Use.
2. Systems and Services. “Systems” are any of the existing and future electronic systems, APIs and platforms through which CME and its affiliates make the Services available to you including, without limitation, Globex, CME Direct, CME One, Straight-Through Processing and ClearPort. “Services” are any of the existing and future services offered to you by CME or its affiliates and any content including, without limitation, execution, clearing, market data distribution, risk management, margin estimation, connectivity, trade confirmation, messaging, hosting and repository services.
3. Updates. CME may in its sole discretion make unscheduled deployments of changes, updates or enhancements to the Website at any time, add or remove functionality or features, and may discontinue any or all Website altogether but we are under no obligation to update the Website.
4. Violations. We may disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
5. Your Responsibilities. You are responsible for your use of the Website and you must: (i) use a secure and nonobvious password to access them; (ii) treat the user name, password and any other piece of information you receive as part of our security procedures as confidential and not share them with any other person;
(iii) notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security; (iii) periodically change your password; (iv) log out after each session; (v) install the most recent security patches and updates for your web browser; and (vi) not alter, corrupt, hack, or violate any computer code affecting the security and access controls of the Website.
6. Privacy. To access the Website or some of the resources they offer, you may be asked to provide certain registration details or other information You are responsible for ensuring that all the information you provide to us on the Website is correct, current, and complete. All information we collect on the Website, including all information you provide to register with the Website or otherwise, including but not limited to the use of any interactive features on the Website, is handled in accordance with, and explained in further detail in our Privacy Policy located at http://www.cmegroup.com/privacy-policy.html. You also may have certain rights in relation to the information we collect under applicable law as set out in our Privacy Policy.
7. Rules. Your use of the Website is subject to the rules contained within the applicable rulebook located at www.cmegroup.com/rulebook.
8. If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only including any links contained in advertisements, banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
9. Proprietary Rights. The Website and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by CME, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Subject to your compliance with these Terms of Use and the Rules, CME grants to you a personal, nonexclusive, non-transferable, non-sublicensable license to use the Website. Except as expressly authorized by CME, you agree not to sell, copy, distribute, or create derivative works based on the Website, in whole or in part.
10. Disclaimer of Warranties. NO NEITHER CME NOR ANY AFFILIATE OF CME (each a “CME GROUP ENTITY”) NOR ANY NOR OTHER EXCHANGES WHOSE PRODUCTS MAY BE TRADED OR CLEARED USING THE WEBSITE (each a “PARTICIPATING EXHANGE”) NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, CONSULTANTS OR LICENSORS (each a “RELATED PARTY”) MAKE ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE WEBSITE AND EACH HEREBY DISCLAIMS AND SHALL HAVE NO LIABILITY FOR ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION TO THE MERCHANTABILITY, QUALITY OF THE WEBSITE OR THEIR FITNESS FOR A PARTICULAR PURPOSE, UNINTERRUPTED SERVICE OR ERROR-FREE SERVICE, OR THE SEQUENCE, TIMELINESS, ACCURACY OR COMPLETENESS OF THE WEBSITE. THE WEBSITE IS PROVIDED ON AN “AS IS” BASIS AT YOUR SOLE RISK. YOU ACKNOWLEDGE THAT: (I) YOU MAY EXPERIENCE INERRUPTIONS OR ERRORS IN THE WEBSITE; AND (II) THE WEBSITE MAY, FROM TIME TO TIME, BE TEMPORARILY UNAVILABLE.
11. Exclusion of Incidental, Consequential, and Certain Other Remedies. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO CIRCUMSTANCES SHALL ANY CME GROUP ENTITY OR ANY PARTICIPATING EXCHANGE OR ANY OF THEIR RESPECTIVE RELATED PARTIES BE LIABLE HEREUNDER TO YOU OR TO OTHERS DIRECTLY OR INDIRECTLY MAKING USE OF THE WEBSITE, FOR ANY LOST PROFITS, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, ARISING UNDER THESE TERMS OF USE, EVEN IF CME HAS BEEN ADVISED OF THE POSSIBILITY THEREOF AND EVEN IF DUE TO CME’S ERROR, OMISSION, OR NEGLIGENCE.
12. Limitation of Liability and Remedies. TO THE MAXIMUM EXTENT ALLOWABLE BY LAW, IN NO CIRCUMSTANCES SHALL ANY CME GROUP ENTITY OR ANY PARTICIPATING EXHANGE OR ANY OF THEIR RESPECTIVE RELATED PARTIES BE LIABLE FOR ANY (A) DELAY, INACCURACIES, ERRORS, OMMISSIONS OR INTERUPTUION OF ANY KIND IN RELATION TO THE WEBSITE OR FOR ANY RESULTING LOSS OR DAMAGE; OR
(B) LOSS OR DAMAGE ARISING FROM UNAUTHORIZED ACCESS TO OR MISUSE OF THE WEBSITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF ANY CME GROUP ENTITY OR ANY PARTICIPATING EXCHANGE OR ANY OF THEIR RESPECTIVE RELATED PARTIES HEREUNDER EXCEED THE LESSER OF: (A) THE FEES PAID TO CME BY LICENSEE HEREUNDER IN THE TWELVE
(12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) FIFTY US DOLLARS ($50), REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE. THIS LIMITATION SHALL SURVIVE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDIES THAT MAY BE PROVIDED IN THIS AGREEMENT.
13. Unauthorized Access. Access to and use of the Website is restricted to authorized users only. Unauthorized individuals attempting to access the Website may be subject to prosecution.
14. Notice. Notice to you may be made via email, fax, or certified or registered mail, return receipt requested, to your most current address on record. CME may also provide notices of changes to these Terms of Use or other matters by providing a click through screen on the Systems. You may give notice to CME by email at Legalnotices@cmegroup.com, or certified or registered mail, return receipt requested, to Chicago Mercantile Exchange Inc., 20 South Wacker Drive, Chicago, IL 60660, to the attention of the General Counsel.
15. Modification of Terms. CME may change these Terms of Use at any time by either (i) posting the revised terms on the Website; (ii) sending you an email notification to the email address that you provided to CME as part of your account registration, or a notification via SMS or other messaging services, or (iii) presenting the revised Terms of Use to you when you log into the Website. The updated Terms of Use will become effective the earlier of (a) when you accept them online, (b) twenty (20) days after CME posts or emails the update, in which case your continued use of any of the Website or failure to cancel your account will indicate your acceptance of the amended Terms of Use.
16. General Terms. The Terms of Use are the complete and exclusive statement of the agreement between the parties and supersedes all prior agreements, oral or written, and all other communications between the parties concerning the subject matter of this Terms of Use. The failure of either party to exercise any right or remedy under this Terms of Use or at law shall not prevent any further exercise of that right or remedy. You may not assign this Terms of Use without the prior written consent of CME. If any part, term or provision of this Agreement is held illegal, invalid or unenforceable, the validity or enforceability of the remainder of the Agreement shall not be affected. These Terms of Use and your use of the Website shall be governed by the internal laws of the State of Illinois, and the federal laws of the United States, without regard to conflicts of laws principles. The language of the Agreement is English and all obligations under and communications relating to the Agreement shall be conducted in English. Any controversy or claim arising out of or relating to this Terms of Use, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of arbitration shall be Chicago, Illinois. The arbitration shall be in English and shall be governed by the laws of the State of Illinois. The Parties acknowledge that a material breach relating to certain provisions of this Terms of use may, by its gravity or nature, cause immediate or irreparable injury to the other Party that cannot be adequately compensated for in damages. Accordingly, notwithstanding anything to the contrary in this Agreement, in the event of any such material breach and in addition to all other remedies available herein, the non-breaching Party may seek solely injunctive relief (including a temporary restraining order, preliminary injunction or permanent injunction) from any court of competent jurisdiction, without posting a bond or other security. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. With respect to an unauthorized user there are no time limitations with respect to any action brought by CME other than the applicable statute of limitations.
EBS Terms of Use
IMPORTANT NOTICE: PLEASE READ CAREFULLY BEFORE ACCESSING OR USING THE EBS PLATFORM:
Your access to the EBS platform is governed by the terms and conditions between the EBS entity identified in the EBS Customer Agreement as providing the relevant EBS platform ("Us", "Our" or "We"), and the entity you (the "Authorised Employee", "You" or "Your") represent (the "Customer").
BY ACCESSING OR USING THE EBS PLATFORM OR CLICKING ON THE "ACCEPT" BUTTON YOU AGREE TO THESE USER TERMS WHICH WILL LEGALLY BIND YOU. IF YOU DO NOT AGREE TO THESE USER TERMS, WE ARE UNWILLING TO GRANT YOU ACCESS TO THE EBS PLATFORM AND YOU MUST DISCONTINUE ACCESS AND USE. YOUR COMPLIANCE WITH THESE USER TERMS IS A CONDITION OF YOUR CONTINUED ACCESS TO, AND USE OF, THE EBS PLATFORM.
You acknowledge and agree that you are acting as an authorised agent or employee of one of a Customer which has entered into a separate customer agreement with Us governing Your access to, and use of, the EBS platform and that, in addition to these User Terms, Your access to and use of the EBS platform shall be subject to and governed by the provisions of: (i) the EBS Customer Agreement; and (ii) any protocols, dealing rules, rulebooks or user guides relating to the EBS platform. You may only access and use the EBS platform for internal business purposes, in the normal and proper course of the Customer's business, in accordance with the provisions of the EBS Customer Agreement.
You warrant and represent that You have been granted authority and permission by the Customer to access and use the EBS platform on its behalf. You acknowledge that any instruction issued using: (i) the login details via the EBS platform; and/or (ii) Your email address shall be deemed to have been issued on behalf of the Customer and shall bind the Customer. If You cease to be authorised by the Customer to access and use the EBS platform on its behalf, Your right to access and use the EBS platform will terminate with immediate effect.
You are responsible for preserving the confidentiality of Your login details. You must keep Your login details safe and secure at all times and not enable, directly or indirectly, Your login details to be used by anyone else under any circumstances. If You know or have reasonable grounds to suspect that any person not authorised to access the EBS platform has obtained unauthorised access to the EBS platform, You must promptly notify Us.
You acknowledge and agree that the EBS platform and any data, analytics, research or other information contained in, displayed on, generated by or derived from the EBS platform ("Information") are provided on an 'as is' basis without any warranty, express or implied, of any kind by Us, any of Our affiliates or any third party, including without limitation about the availability, condition, merchantability, satisfactory quality or fitness for any purpose of the EBS platform, the timeliness, accuracy, completeness or adequacy of any Information or the results to be attained by the Customer or anyone else from access to or use of the EBS platform and Information. We do not make any representations or warranties, express or implied, that the EBS platform and Information will meet Your requirements, that the operation of the EBS platform and provision of Information will be uninterrupted or error free, that the EBS platform and Information will be available during any specified business hours (whether advertised or not), or that it will operate in conjunction with other software.
You acknowledge and agree that: (i) You and Your counterparty to each transaction alone are responsible for identifying and entering into relevant legal agreements, setting any relevant credit limits and arranging settlement of any transaction and We shall not be responsible in any way for any failure to do so; (ii) the EBS platform is one of a number of alternative information sources available to You in respect of transactions and is not intended to be used as the sole basis for investment or business decisions; (iii) Your entry into any transaction will be entered into solely on the exercise of Your own commercial judgment; and (iv) the Information may include data licensed from third parties, including without limitation the Customer's counterparties to transactions and data provided by the Customer's authorised users, relating to the transactions, and, accordingly, You shall be responsible for checking all details relating to any transactions and maintaining back-ups of any information relating to the transactions.
We reserve the right to change these User Terms from time to time. Any such changes will be displayed on the EBS platform. Your continued use of the EBS platform following such changes will be deemed to be Your acceptance of such amended User Terms. If You do not accept any such changes You should stop using the EBS platform.
These Terms of Use (including non-contractual disputes or claims) will be construed in accordance with and governed by the terms of the EBS Customer Agreement.
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