Last Updated 3/17/2018
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.
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.
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.
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.
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.
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.