Terms & Conditions

Consent to Terms and Conditions
You have accessed the website of Miami International Securities Exchange, LLC (“MIAX Options”) and MIAX PEARL, LLC (“MIAX PEARL”) (individually and together, “MIAX” or the “MIAX Exchange”). MIAX, along with its parent, Miami International Holdings, Inc. (“MIH”), and any affiliates or subsidiaries, is referred to herein collectively as the “Company”. In addition, the terms “we,” “us,” and “our” refer to the Company. This Terms and Conditions Agreement (the “Agreement”) is a legal contract between you and MIAX and applies to your use of this website (the “Website”), including any information and materials therein and any software that MIAX makes available that allows you to access the website from a mobile device (“App”). Unless otherwise noted, all references to “Website” shall include any App and any information and materials available via the Website or an App. By accessing all or any part of this Website, you fully accept and agree to comply with all of the terms and conditions set out in this Agreement. You may not use this Website except as expressly provided in this Agreement. Your use of the Website signifies that you are agreeing to be legally bound to and accept all of our terms and conditions and privacy policies described herein, as amended from time to time, or otherwise contained on or referenced in this Website. If you do not agree with the terms of this Agreement, you are not authorized to access and use the Website or any of the data (the “Data”) contained therein. The Company reserves the right to modify this Agreement at any time without prior notice to you. You should review this Agreement whenever you use the Website. You may print and keep a copy of this Agreement at any time. Notwithstanding the foregoing, your use of the Website following any modification to this Agreement will irrespectively constitute your acceptance of the Agreement, as amended

By use of this Website and/or the Data contained therein, you hereby represent, warrant and covenant that: (i) you have read, understand and agree to be bound by this Agreement; (ii) you acknowledge and consent to the Privacy Policy for the Website contained on the Website; (iii) you have the power, competence and authority to accept this Agreement; (iv) you are at least eighteen (18) years old; (v) you shall not use any rights granted hereunder for any unlawful purpose; and (vi) you shall use the Website only as set forth in this Agreement and for your own personal and non-commercial use; (vii) your use of the Website is subject to all applicable international, federal, state, and local laws governing such use; and (viii) you will neither interfere with nor disrupt the Website and/or the networks connected to the Website.

This Website and the Data contained therein is for informational and educational purposes only. None of the information contained in this Website constitutes a solicitation, offer, opinion or recommendation by the Company to buy or sell any securities or other financial instruments or to provide legal, tax, accounting or investment advice or services regarding the suitability or profitability of any security or investment. The Company has not made any recommendations regarding the merit of any corporate entity identified on the Website, made any recommendation regarding the purchase or sale of any security, or endorsed or sponsored any corporate entity identified on the Website. We strongly advise that you seek advice regarding these matters from your financial advisor or from a qualified securities professional.

This Website, as well as the design of, content including Data, text, all real-time and other information, including the Dow Jones Indexes Data, any software programs available on or through the Website, photographs, images, audio and video, graphics contained on the Website (“Materials”) is protected by copyright, trademark, service mark, patent, trade secret and other proprietary rights and laws of the United States and other countries as applicable. You acknowledge and agree to comply with all applicable intellectual property laws and other local, state, federal and/or international laws, as well as any additional notices or restrictions contained on the Website. Unauthorized use of this Website and the Materials contained in this Website may violate applicable copyright, trademark, patent or other intellectual property laws or other local, state, federal or international laws. The copyrights, trademarks, service marks and any other proprietary Material displayed in this Website are registered and common law copyrights, trademarks, service marks and proprietary material of the Company and various third parties. Nothing contained in this Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the Materials or proprietary material without the express written consent of the Company or such other party as may own the proprietary rights.

In particular, the Dow Jones Industrial Average Index SM contained on this Website is proprietary to and is calculated, distributed and marketed by Dow Jones Indexes, the marketing name and a licensed trademark of CME Group Index Services LLC and has been licensed for use. “Dow Jones®”, “Dow Jones Indexes” and “Dow Jones Industrial Average Index SM” are service marks of Dow Jones Trademark Holdings, LLC. “CME” is a trademark of Chicago Mercantile Exchange Inc. All content of the Dow Jones Industrial Average Index SM © CME Group Index Services LLC 2011.

The Materials are owned, licensed or controlled by the Company or the party credited as the owner, licensor or provider of such Materials, including CME Indexes and Dow Jones (each a “Third-Party Provider” and collectively, the “Third-Party Providers”). Except as specifically permitted by this Agreement, any use of the Materials contained or provided through this Website is strictly prohibited. Notwithstanding the foregoing, you may view, print and download a single, unaltered, permanent copy or one temporary copy in a single computer’s memory of the Materials for your personal and non-commercial use; provided, however, that you maintain all copyright, trademark and other notices contained on the Materials of the Company and/or any Third-Party Provider. You may not otherwise copy, reproduce, alter, store (a hard copy or in an electronic retrieval system), license, transmit, display, broadcast, create a derivative work from, publish, rent, sublicense, distribute or otherwise use in whole or in part in any other manner the Materials without the prior written consent of the Company and/or the Third-Party Provider, except to the extent that such use constitutes "fair use" under the "Copyright Act of 1976," as amended from time to time. Request for such consent must be made in writing to the Company and/or such Third-Party Provider.

Certain Third-Party Providers impose additional terms and conditions of use set forth elsewhere herein. Your use of Materials from those Third-Party Providers is also subject to those terms and conditions of use.

Disclaimers
DUE TO THE NUMBER OF SOURCES FROM WHICH THE MATERIALS ARE OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS, ERRORS OR INACCURACIES IN THE MATERIALS, AND ALTHOUGH THE MATERIALS PROVIDED ON THE WEBSITE HAVE BEEN OBTAINED FROM SOURCES BELIEVED TO BE RELIABLE, THEY ARE PROVIDED TO YOU ON AN "AS IS" AND “AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND. THE COMPANY, ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, AGENTS, (COLLECTIVELY, “REPRESENTATIVES”), THIRD-PARTY PROVIDERS, LICENSORS, LICENSEES AND THEIR RESPECTIVE ASSIGNS CANNOT AND DO NOT MAKE ANY REPRESENTATIONS AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HEREBY DISCLAIM WITH RESPECT TO THIS WEBSITE, AND THE MATERIALS CONTAINED THEREIN, ALL WARRANTIES, EITHER EXPRESSED, IMPLIED, OR STATUTORY TO YOU AND/OR TO ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TIMELINESS, COMPLETENESS, CURRENTNESS, RELIABILITY, NON-INFRINGEMENT, OR ANY REPRESENTATIONS OR WARRANTIES ARISING FROM USAGE OR CUSTOM OR TRADE OR BY OPERATION OF LAW.
ACCORDINGLY, IN NO EVENT SHALL THE COMPANY, ITS REPRESENTATIVES, THIRD-PARTY PROVIDERS, LICENSORS, LICENSEES, AND THEIR RESPECTIVE ASSIGNS BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, LOST PROFITS OR LOST OPPORTUNITIES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES FOR (A) ANY ERRORS OR OMISSIONS IN THE MATERIALS OR OTHER RESOURCES AND DOCUMENTS WHICH ARE REFERENCED BY OR LINKED TO THE MATERIALS; (B) ANY DELAYS, ERRORS OR INTERRUPTIONS IN THE TRANSMISSION OF ANY INFORMATION; OR (C) LOSS OR DAMAGE ARISING THEREFROM OR OCCASIONED THEREBY, OR BY ANY REASON OF NONPERFORMANCE. THE FOREGOING LIMITATION SHALL BE APPLICABLE TO YOU WHETHER OR NOT A CLAIM ARISES IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE.

Website Disclaimer
The Materials in this Website have been prepared for informational and/or educational purposes only without regard to any particular user’s investment objectives, financial situation or means. Neither the Company or the Third Party Providers nor any of their respective Representatives are soliciting any action based on it. The Materials in this Website are not to be construed as a recommendation or offer to buy or sell or the solicitation of an offer to buy or sell any security, financial product or instrument; or to participate in any particular trading strategy in any jurisdiction in which such an offer or solicitation, or trading strategy would be illegal. Further, any Data contained in or displayed in any Dow Jones Index may not be used as the basis of a financial instrument. YOU ARE HEREBY ADVISED TO SEEK THE ADVICE OF QUALIFIED FINANCIAL AND/OR SECURITIES PROFESSIONALS REGARDING THE EVALUATION OF ANY SPECIFIC SECURITY, INDEX, REPORT, OPINION, ADVICE OR OTHER MATERIALS.

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 (also known as the options disclosure document or “ODD”). Copies of the ODD are available from your broker, by calling 1-888-OPTIONS, or from The Options Clearing Corporation, One North Wacker Dr., Suite 500, Chicago, IL 60606. The information on the Website is provided solely for general education and informational 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. The Company assumes no responsibility for any errors or omissions in the Website. No statement within the Website should be construed as a recommendation to buy or to sell a security or to provide investment advice. The inclusion of advertisements on the Website of other businesses or corporate entities should not be construed as an endorsement or an indication of the value of any product, service, or website of such business or entity.

This Website may contain links to other websites developed, sponsored or maintained by third parties. Should you leave this Website via a link contained herein, the content you view therein is not provided or controlled by the Company. The Company is not responsible for that content, nor has it developed, checked for accuracy or otherwise reviewed the content or privacy policy of any such third-party websites. By providing access to the linked websites, neither the Company nor its Third-Party Providers are recommending the purpose or sale of the securities or endorsing the services provided by the third party sponsoring organization of those websites. Neither the Company nor any Third-Party Provider makes any guarantees, representations or warranties as to, and shall have any liability for, any electronic content delivered by any such third party sponsoring organization, including, without limitation, the accuracy, subject matter, quality or timeliness of any electronic content, or the use of any personal information you provide to any such website. The Company reserves the right in its sole discretion to discontinue links to any other websites at any time and for any reason. The Company provides links to other websites solely as a convenience to its users, and the inclusion of any link does not imply endorsement by the Company of the third party sponsoring organization and/or its website. Your use of such links is entirely at your own risk.

The Company prohibits caching, unauthorized hypertext links to the Website and the framing of any Materials available on its Website. The Company reserves the right to and shall disable any unauthorized links or frames and disclaims any responsibility for the content available on any other site reached by links to or from this Website.

Changes to these Terms and Conditions
We reserve the right, at any time and from time to time, for any reason in our sole discretion, to change the terms and conditions of these Terms of Use, or to change or discontinue any aspect or feature of the Site, including, but not limited to, its content, hours of availability or the equipment needed for access or use. The Site will notify visitors of the existence and location of the new or revised policy, the sole notice of which shall be posting the new or revised policy on the Site. Any changes to the Terms of Use will be binding and effective immediately upon posting on the Site. Your continued access to and use of the Site shall constitute your acceptance and agreement to be bound by any such changed terms. You should check back frequently and review the terms and conditions of these Terms of Use regularly so that you are aware of the most current rights and obligations that apply to you and the terms and conditions of your agreement with us. No employee, contractor, agent or representative of Bats or its subsidiaries or affiliates is authorized to alter or amend these terms and conditions except by means of a written document executed by an authorized officer of the Company.

Governing Law
If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. This Agreement, and your rights and obligations hereunder, shall be governed by the laws of the State of New Jersey. 

Entire Agreement
Any and all warranties, provisions, rights and obligations of the parties herein described and agreed to be performed subsequent to the termination of these Terms of Use shall survive the termination of these Terms of Use. This Agreement constitutes the entire agreement between you and the Company and any of its Third-Party Providers, and it supersedes any and all other agreements, oral or in writing, with respect to the Website and the Materials contained therein. The failure of the Company or its Third-Party Providers to insist upon strict compliance with any term or provision shall not be construed as a waiver with regard to any subsequent failure to comply with such term or provision. All of our rights and obligations under these Terms and Conditions are freely assignable by us in connection with a merger, acquisition or sale of our assets.