CME Website Terms of Use

Last updated 7/23/2024

1. Acceptance of Terms. These terms of use are entered into between you and Chicago Mercantile

Exchange Inc. (“CME,” “we,” “our,” 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 https://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. If

you do not agree to these Terms of Use, do not access or use the Website.

2. IMPORTANT NOTICE REGARDING DISPUTE RESOLUTION. BY ACCESSING OR USING THE

WEBSITE AND ACCEPTING THESE TERMS OF USE, YOU AND WE ARE AGREEING TO RESOLVE

ANY DISPUTE BETWEEN US ARISING OUT OF OR RELATING TO (A) YOUR ACCESS OR USE OF

THE WEBSITE OR (B) THE TERMS OF USE THROUGH A DISPUTE RESOLUTION PROCEDURE

DESCRIBED IN SECTION 19 BELOW. YOU AND WE WAIVE THE RIGHT TO BRING OR

PARTICIPATE IN A CLASS ACTION IN CONNECTION WITH SUCH DISPUTES. PLEASE REVIEW

CAREFULLY SECTION 19 TITLED “INFORMAL DISPUTE RESOLUTION PROCEDURE, ARBITRATION

AGREEMENT AND CLASS ACTION WAIVER” BELOW FOR DETAILS REGARDING THIS DIPSUTE

RESOLUTION PROCEDURE.

3. Systems and Services. “Systems” are any of the existing and future electronic systems,

applications, 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. You may be required to create an account and

specify a password in order to use certain Services and/or Systems. To create an account, you

must be at least 18 years old and provide truthful and accurate information about yourself.

4. 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 the Website altogether but we are under no obligation to update the Website.

5. Violations. We may disable any user name, password, or other identifier, whether chosen by

you or provided by us, or modify, suspend or terminate operation of or access to the Website,

or any portion of the Website, 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.

6. 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. CME Reliance on Information You Submit as True, Complete and Accurate. CME relies upon

the information you submit via the Website or Systems for its regulatory and reporting

requirements. You therefore agree to submit only true, complete, and accurate information to

CME at all times.

8. Restrictions. You agree that:

(i) Your usage of the Website will not violate any laws or interfere with the Website or any

features on the Website.

(ii) You may not upload to the Website any information which contains viruses, Trojan

horses, worms, time bombs or other computer programming routines that are intended

to damage or interfere with the Website or that infringes the intellectual property rights

of another.

(iii) You may not use the Website for any purpose that is unlawful or prohibited by these

infringes the rights of CME or others.

(iv) You may not take any malicious action that imposes a large load on the infrastructure of

the Website or any networks connected to the Website.

(v) You may not attempt to gain unauthorized access to any portion or feature of the

Website, or any networks connected to the Website or to any CME infrastructure.

(vi) Your use of any data, databases, directories content, information or materials (including

associated metadata) on the Website in any manner for any machine learning and/or

artificial intelligence, including without limitation for the purposes of training, coding, or

development of artificial intelligence technologies, tools, or solutions or machine

learning language models, or otherwise for the purposes of using or in connection with

the use of such technologies, tools, or models to generate any information, material,

data, derived works, content, or output is expressly prohibited.

9. 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. You can

edit any of your personal information or preferences in your Profile. 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 Notice located at the Privacy

Center. You also may have certain rights in relation to the information we collect under

applicable law as set out in our Privacy Notice.

10. Rules. Your use of the Website is subject to the rules contained within the applicable rulebook

located at https://www.cmegroup.com/market-regulation/rulebook.html (“Rules”).

11. Links to Third Party Sites. 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.

12. 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, limited, revocable, 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.

13. Copyright Infringement Claims. We respect the intellectual property rights of others, and

require that the people who use this Website do the same. CME is registered as a service

provider with the United States Copyright Office. If you believe that your work has been copied

in a way that constitutes copyright infringement, you may send a notification of the claimed

infringement to CME's Designated Copyright Agent, designated as such pursuant to the Digital

Millennium Copyright Act, 17 U.S.C. § 512(c)(2) (the "DMCA"), named below:

Joseph V. Norvell

Norvell IP llc

P.O. Box 2461

Chicago, Illinois 60690

Phone: 888-315-0732

Email: dmca@norvellip.com

Pursuant to the DMCA, your notification must include:

i. Your name, address, telephone number, and email address;

ii. Identification of the copyrighted work that you claim has been infringed;

iii. Identification of the precise location where the alleged infringing material is located,

such as the URL or other location of the materials claimed to be infringing;

iv. A statement by you, the complaining party, that you have a good faith belief that the

disputed use is not authorized by the copyright owner, its agent, or the law;

v. A statement by you, made under penalty of perjury, that the above information in your

notice is accurate and that you are the copyright owner or authorized to act on the

vi. An electronic or physical signature of the owner of the copyright, or a person authorized

to act on behalf of the owner of the copyright.

CME has adopted a policy to identify users who have repeatedly been the subject of

infringement claims. As part of this policy, CME may in its sole discretion suspend, disable,

and/or terminate services provided to or the accounts of users who have been identified as

repeat infringers, or for any other related reasons as determined by CME.

14. Disclaimer of Warranties. NEITHER CME NOR ANY AFFILIATE OF CME (EACH A “CME GROUP

ENTITY”) NOR ANY 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 NON

INFRINGEMENT, QUALITY OF THE WEBSITE OR ITS MERCHANTABILITY AND 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 ON THE WEBSITE; AND (II) THE WEBSITE MAY, FROM TIME TO TIME,

BE TEMPORARILY UNAVILABLE. YOUR SOLE REMEDY AGAINST CME FOR DISSATISFACTION WITH

THE WEBSITE IS TO STOP USING THE WEBSITE.

15. 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 INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL

DAMAGES, INCLUDING LOST PROFITS, 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.

16. 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 YOU 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 THESE TERMS OF USE.

17. 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.

18. 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.

19. Modification of Terms. CME may, in its sole discretion, change or update these Terms of Use at

any time with or without notice to you. Your continued use of the Website after any such

changes to these Terms of Use will indicate your acceptance of the amended Terms of Use.

20. 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 these Terms of Use. The

failure of either party to exercise any right or remedy under these Terms of Use or at law shall

not prevent any further exercise of that right or remedy. You may not assign these Terms of Use

without the prior written consent of CME. If any part, term or provision of these Terms of Use is

held illegal, invalid or unenforceable, the validity or enforceability of the remainder of the Terms

of Use 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 Terms of Use is English and all

obligations under and communications relating to the Terms of Use shall be conducted in

English.

21. Informal Dispute Resolution Procedure, Arbitration Agreement, and Class Action Waiver. Any

controversy or claim arising out of or relating to (a) your access or use of the Website; or (b)

these 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

(“Arbitration Agreement”) 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. If a party has a dispute that the parties cannot resolve and such party wishes to pursue

arbitration, such party must first send an individualized Notice of Dispute to the email of the

other party specified under Section 16 (Notices) above. The Notice of Dispute must contain the

name, address, and contact information of the party giving notice, the specific facts giving rise

to the dispute and the relief requested, including damages, if any, and a detailed calculation for

them. Your Notice of Dispute also must contain your email address and (if different) the email

address associated with your CME Group account, if you have one. Our Notice of Dispute must

also be sent to your email address associated with your CME Group account, if you have one,

and you consent to receive any such Notice of Dispute as part of these dispute resolution terms.

You and we must include in any Notice of Dispute to each other a personally signed statement

(from you or us—not from your or our counsel) verifying the accuracy of the contents of the

Notice of Dispute, and if you are represented by counsel, your signed statement authorizing

CME to disclose any information regarding your access or use of the Website to your attorney

while seeking to resolve your claim. We each must individualize our Notice of Dispute, meaning

it can concern only our dispute and no other person’s dispute. After receipt of a Notice of

Dispute, the parties shall engage in a good faith effort to resolve the dispute for a period of 60

days (which can be extended by agreement). You and we agree that, after receipt of the

completed Notice of Dispute, the recipient may request an individualized telephone or video

settlement conference and both parties will personally attend (with counsel, if represented).

You and we agree that the parties (and counsel, if represented) shall work cooperatively to

schedule the conference at the earliest mutually convenient time and to seek to reach a

resolution. If you and we do not reach an agreement to resolve the issues identified in the

Notice of Dispute within 60 days after the completed Notice of Dispute is received (or a longer

time if agreed to by the parties), you or we may commence an arbitration proceeding as

described above. Any party disputing the enforceability of any portion of this Section 19 must

bring such a claim in federal or state court. Courts shall have the exclusive authority to

determine (i) whether any provision of this Arbitration Agreement should be severed and the

consequences of said severance, (ii) the enforceability of any or all of the procedures set forth in

this Section 19, and (iii) whether you and we have complied with the conditions precedent to

arbitration set forth in this Section 19. Class action lawsuits, class-wide arbitrations, private

attorney-general actions, requests for public injunctions, and any other proceeding or request

for relief where someone acts in a representative capacity aren’t allowed. Nor is combining

individual proceedings without the consent of all parties. The parties acknowledge that a

material breach relating to certain provisions of these Terms of Use may, by its gravity or nature,

cause immediate or irreparable injury to CME that cannot be adequately compensated for in

damages. Accordingly, notwithstanding anything to the contrary in these Terms of Use, in the

event of any such material breach and in addition to all other remedies available herein, CME

may seek 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.