Terms and Conditions for Use of Cboe Websites
Last Updated: July 27, 2020
Cboe Website Users Must Read These Terms And Conditions Of Use Prior To Their Use Of This Website.
A user's continuing access or use of a World Wide Website ("Website") of Cboe Global Markets, Inc. and its affiliates and subsidiaries (collectively, "Cboe"), or by clicking to accept or agree to these Terms and Conditions for Use of Cboe Websites ("Terms") when this option is presented to you, signifies the USER'S ACCEPTANCE OF THESE TERMS. From time to time, Cboe reserves all rights to modify the Terms of the Website or to change or discontinue any aspect or feature of the Website with or without notice to you. Accordingly, a user should continue to review the Terms whenever accessing or using the Website. A user's access or use of the Website after the posting of modifications to these Terms will constitute such user's acceptance of the Terms, as modified. If a user refuses to accept the Terms, such user may not use the Website. Any terms and conditions proposed by a user which are in addition to or which conflict with these Terms are expressly rejected by Cboe and shall be of no force or effect. No employee, contractor, agent or representative of Cboe is authorized to alter or amend these Terms except by means of a written document executed by an authorized officer of Cboe.
1. Consent To Terms And Conditions For Use.
You, as a Website user, represent that you have read, understand, and agree to be bound by the Terms for the Website. You also agree (a) that you signify your acknowledgment and assent to the Privacy Notice and Policy for the Website (Click here to see our Privacy Notice & Policy), which is expressly incorporated into these Terms, (b) that your use of the Website is subject to all applicable international, federal, state, and local laws, (c) not to use the Website for illegal purposes, and (d) not to damage, disable, overburden, interfere with or disrupt the Website or networks connected to the Website. Access to and use of a Website may be restricted to authorized users. You are responsible for maintaining the confidentiality of your password and account information, and are responsible for all activities that occur under your password or account or as a result of your access to the Website. You agree to notify Cboe immediately of any unauthorized use of your password or account.
Certain sections of or pages on the Website may contain separate terms and conditions, which are in addition to these Terms and Conditions. You should read those additional terms and conditions carefully. By accessing such sections or pages, you agree to be bound by those additional terms and conditions. In the event of a conflict, those additional terms and conditions will govern your use of those sections or pages.
2. Copyrights, Trademarks, Service Marks, And Proprietary Rights.
The design and functionality of, as well as the materials and content contained in, the Website, including but not limited to documents, designs, logos, graphics, artwork, images, photographs, audio clips, video clips, databases, text, HTML and other material on the Website, including the selection and arrangement thereof, copyrights, trademarks, service marks and tradenames ("Materials") are owned, licensed, or controlled by Cboe or the party credited as the owner, licensor, or provider of such Materials. The Materials on the Website are protected by copyrights, trademarks, service marks, and/or other proprietary rights and laws of the United States and other countries. The Website is also protected as a collective work or compilation under United States copyright and other laws. You agree to comply with all applicable copyright and other laws. You agree to comply with any guidelines for linking to the Website that may be posted on the Website. You may view, print and download one copy of the Materials for your personal non-commercial use in connection with products and services offered by Cboe, provided that you maintain all copyright, trademark and other notices contained on the Materials. You may not otherwise copy, reproduce, alter, store either in hard copy or in an electronic retrieval system, license, transmit, display, broadcast, create a derivative work (for example, a financial product, service or index) from, publish, rent, sublicense, distribute, or otherwise use in whole or in part in any other manner the Materials without Cboe's prior written consent except to the extent that such use constitutes "fair use" under the "Copyright Act of 1976", as amended from time to time. To formally request such consent you must submit a Request to Use Cboe Content. Any Materials contained in the Website that are owned by, or about, you shall not be subject to the limitations on use contained in these Terms.
Any applicable software you may download from or access on the Website, including any files, images or data accompanying the software (collectively, the "Software") are licensed to you by Cboe for the limited use described herein. Cboe transfers no right, title or interest in the Software to you. Cboe retains full and complete title to the Software, and all intellectual property rights therein. You may not redistribute, sell, decode, reverse engineer, disassemble or otherwise reduce the Software to a human-perceivable form.
Claims of Copyright Infringement
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that Materials made available on or accessible through the Website infringe your copyright, you (or your agent) may send Cboe a notice requesting that Cboe remove or block the Materials or disable access to them. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send Cboe a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ and https://www.copyright.gov/title17/92chap5.html#512 for details. Notices and counter-notices should be sent to:
Designated Agent: Jordan Newmark
Address: 400 S. LaSalle Street, Chicago, Illinois 60605
Email: [email protected]
Cboe suggests that you consult your legal advisor before filing a notice or counter-notice. Please be aware that there are penalties for false claims under the DMCA.
3. Content You Submit to the Website; Conduct.
In using the Website or any service provided thereon, you may have the opportunity to add, create, upload, submit, distribute, post, share and/or exchange information, data, text, software or other materials on or through the Website, including any electronic e-mail communication ("User Content"). In doing so, you expressly grant, and represent and warrant that you have the right to grant, to Cboe a non-exclusive, irrevocable, worldwide, transferable, royalty-free, perpetual license to use, publicly display, publicly perform, reproduce, distribute, sublicense and create derivative works from your User Content in any manner or through any media now known or later developed, without any payment to you. Such license shall include the right in Cboe’s discretion to use the name you submit in connection with such User Content. You further acknowledge and agree that Cboe shall have the right (but not the obligation), in its sole discretion, to pre-screen, edit, refuse, move or remove any User Content posted to the Website at any time and for any reason, with or without notice.
You agree that you will not use the Website to:
- upload, post, e-mail or otherwise transmit any User Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, offensive, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- engage in or facilitate harassing conduct aimed at any other person or entity;
- harm minors in any way;
- impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Website;
- upload, post, e-mail or otherwise transmit any User Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, e-mail or otherwise transmit any User Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes" or any other form of solicitation;
- upload, post, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website;
- violate any applicable local, state, national or international law, or any regulations having the force of law;
- collect or harvest any data about other users; or
- engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by Cboe, may harm Cboe or users of the Website, or expose them to liability.
You understand and acknowledge that you are responsible for any User Content you submit or contribute, and you, not Cboe, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
The Website and the Materials are provided to you on an "AS IS" and "AS AVAILABLE" basis. Cboe makes no representations or warranties of any kind, either expressed, implied, or statutory including, but not limited to, warranties of merchantability, fitness for a particular purpose, accuracy, timeliness, completeness, or non-infringement to users and/or any third party, unless such representations and warranties are not legally excludable. You acknowledge that (a) the Materials are provided for general informational and educational purposes only and are not intended for trading purposes, (b) Cboe does not guarantee the accuracy, completeness, timeliness, legality, reliability, operability or availability of the Materials provided on the Website or any linked website, (c) Cboe does not guarantee that your access to the Website, any submission through the Website, or the Materials will be uninterrupted, timely, error-free or secure, (d) Cboe does not guarantee that the Website or the server that makes it available are free of viruses or other harmful components, (e) all access and use of the Website and Materials is at your sole risk, and (f) the provision of certain portions of the Website is subject to the terms and conditions of other agreements to which Cboe is a party. ACCORDINGLY, CBOE, ITS OFFICERS, DIRECTORS, MEMBERS, TRADING PERMIT HOLDERS, TRADING PRIVILEGE HOLDERS, PARTICIPANTS, USERS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, AGENTS, THIRD PARTY SUPPLIERS AND OWNERS OF MATERIALS, AND ASSIGNS SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES, LOSSES AND EXPENSES OF ANY KIND AND HOWEVER ARISING, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSSES OR EXPENSES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, OPPORTUNITIES, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSS, WHETHER OR NOT CBOE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES ARISING OUT OF (i) YOUR ACCESS, USE OR INABILITY TO USE THE WEBSITE, (ii) ANY ERRORS OR OMISSIONS IN THE MATERIALS OR OTHER RESOURCES AND DOCUMENTS WHICH ARE REFERENCED BY OR LINKED TO THE MATERIALS; (iii) ANY DELAYS, ERRORS OR INTERRUPTIONS IN THE TRANSMISSION OF ANY INFORMATION, INCLUDING ANY INABILITY TO SUBMIT INFORMATION THROUGH THE WEBSITE; OR (iv) LOSS, EXPENSE OR DAMAGE ARISING THEREFROM OR OCCASIONED THEREBY, OR BY ANY REASON OF NONPERFORMANCE. THE FOREGOING SHALL APPLY REGARDLESS OF WHETHER A CLAIM ARISES IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE. Some jurisdictions do not allow the exclusion of implied warranties, or certain kinds of limitations or exclusions of liability, so the limitations and exclusions set out in these Terms may not apply to you. In such a case the limitations and exclusions set out in these Terms shall apply to the fullest extent permitted by the laws of such applicable jurisdictions.
5. Website Disclaimer; Regulatory Disclosures.
The information on the Website is provided solely for general education and information purposes and therefore should not be considered complete, precise, or current. Many of the matters discussed are subject to detailed rules, regulations, and statutory provisions which should be referred to for additional detail and are subject to changes that may not be reflected in the Website information. Cboe assumes no responsibility for any errors or omissions in the Website information. No statement within the Website should be construed as a recommendation, advice, offer or solicitation to buy or sell any product or service. Prior to the execution of a purchase or sale of any security or investment, you are advised to consult with your banker, financial advisor or other relevant professionals (e.g. legal, tax and/or accounting counsel). Cboe shall not be liable for any investment decisions based upon or results obtained from the Materials. Nothing contained on the Website is intended to be, nor shall it be construed to be, legal, tax, accounting or investment advice. It is the responsibility of the individual user to consider his or her legal and regulatory position in the relevant jurisdiction, the risks associated with trading such securities or investments and to verify that any use of the Materials, or subsequent investment decisions, do not contravene any restrictions, applicable laws or regulations of any jurisdiction.The inclusion of non-Cboe advertisements on the Website should not be construed as an endorsement or an indication of the value of any product, service, or website. Cboe does not endorse or sponsor any particular security or market participant.
Options involve risk and are not suitable for all investors. Prior to buying or selling an option, a person must receive a copy of Characteristics and Risks of Standardized Options (ODD). Copies of the ODD are available from your broker or from The Options Clearing Corporation, 125 S. Franklin Street, Suite 1200, Chicago, IL 60606. Futures trading is not suitable for all investors and involves the risk of loss. That risk of loss can be substantial and can exceed the amount of money deposited for a futures position. You should, therefore, carefully consider whether futures trading is suitable for you in light of your circumstances and financial resources. You should put at risk only funds that you can afford to lose without affecting your lifestyle. For additional information regarding futures trading risks, see the Risk Disclosure Statement set forth in Appendix A to CFTC Regulation 1.55(c) and the Risk Disclosure Statement for Security Futures Contracts.
6. Cboe Europe Equities Disclaimer.
Cboe Europe Limited, with registered office at 11 Monument Street, London EC3R 8AF, UK, is a Recognised Investment Exchange regulated by the UK Financial Conduct Authority. Cboe Europe B.V., with registered office at Gustav Mahlerlaan 1212, 1081 LA Amsterdam, Netherlands, is a Regulated Market regulated by the Netherlands Authority for the Financial Markets. Cboe Europe Limited and Cboe Europe B.V. are indirect wholly-owned subsidiaries of Cboe Global Markets, Inc. The material and content herein have been provided for information purposes only. None of the information concerning the services or products described herein constitutes advice or a recommendation of any product or service. To the extent that the information provided herein constitutes a financial promotion as defined in the applicable legislation and regulation, it is only directed at persons who qualify as a Professional Client or Eligible Counterparty as defined in the applicable legislation and regulation. Persons who do not qualify should not act on or rely upon it.
You represent, warrant and covenant that: (a) you have the power, competence and authority to enter into this agreement; (b) you are at least eighteen (18) years old; (c) you shall not use any rights granted hereunder for any unlawful purpose; and (d) you shall use the Website only as set forth in the Terms.
You agree, at your expense, to indemnify, defend and hold harmless Cboe, its officers, directors, members, trading permit holders, trading privilege holders, participants, users, employees, affiliates, subsidiaries, agents, third party suppliers and owners of Materials, and assigns from any and all claims, suits, actions, or other proceedings based on or arising in connection with the Website or any links on the Website, including, but not limited to: (a) a violation of the Terms by you or any other person using your computer (or account); (b) your access to and use of the Website; (c) a claim that any use of the Website by you or any other person using your computer (or account) infringes any intellectual property rights of any third party, or any right of publicity or privacy, is libelous or defamatory, or otherwise results in injury or damage to any third party; (d) any deletions, additions, insertions or alterations to, or any unauthorized use of, the Website by you or any other person using your computer (or account); (e) any misrepresentation or breach of representation or warranty made by you contained herein; or (f) any breach of any covenant or agreement to be performed by you hereunder. Cboe's cooperation in such defense is made without waiver of any attorney-client, work-product, or other legal privileges. You agree to be responsible and liable for any and all costs, damages and expenses, including, but not limited to, reasonable attorneys' fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action or proceeding attributable to any such claim.
Either you or Cboe may terminate the Terms with or without cause at any time and effective immediately. You may terminate the Terms by discontinuing the use of the Website and destroying all Materials obtained from the Website. These Terms will terminate immediately without notice from Cboe if Cboe determines that you have failed to comply with any provision of these Terms. Cboe reserves the right to seek all remedies available at law and in equity for your violation of these Terms. Upon termination by you or upon notice of termination by Cboe, you must destroy promptly all Materials obtained from the Website. Sections two through eight (2 - 8), ten and eleven (10 - 11), and any other provision of this Agreement that by its nature should survive shall survive any termination of the Terms.
10. Governing Law
The Terms shall be governed by and construed in accordance with the laws of the United States and the State of Illinois, without giving effect to conflicts of law principles thereof. You agree to submit to the personal jurisdiction of the state and federal courts located in Cook County in the State of Illinois with respect to any legal proceedings that may arise in connection with the Website or from a dispute as to the interpretation or breach of the Terms.
If any provision of the Terms is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in force. The Terms, including the Privacy Notice and Policy, and any other Cboe terms and conditions for use of the Website, and its successor Websites, constitute the entire agreement between you and Cboe and govern your use of the Website, superseding any prior agreements between you and Cboe with regard to your use of the Website. If we fail to enforce any provision of these Terms, it will not be considered a waiver of our rights. All of our rights and obligations under these Terms are freely assignable by us in connection with a merger, acquisition or sale of our assets. The section titles above are for convenience only and have no legal or contractual effect.
For information about how to contact Cboe, please visit our contact page.