Terms of Use

1. Your Relationship with Mirus

The services that Mirus provides to you are subject to the following Terms of Use (“TOU”). TOU form a legally binding agreement with you and Mirus in relation to your use of the Services. It is important that you take the time read the TOU carefully. Unless otherwise agreed in writing with Mirus, your agreement with Mirus will always include, at a minimum, the terms and conditions set out in this TOU. “Mirus” means Mirus Futures, LLC. Software, services and web sites are referred to collectively as the “Services.” Mirus reserves the right to update the TOU at any time with or without notice to you. You acknowledge and agree that Mirus may permanently or temporarily stop providing the Services to you, without any notice to you at Mirus’ sole discretion.

2. Acceptance of Terms

In order for you to use the Services, you must first agree to the TOU. You may not use the Services if you do not accept the terms of the TOU. You can accept the TOU by actually using the Services. Mirus will treat your use of the Services as acceptance of TOU. Any usage of Services by you forms your acceptance of the TOU. If you do not agree and accept the TOU, you may not use the Services and you must immediately cease from any further or continued usage.

You may not use the Services and may not accept TOU if (a) you are not of legal age to form a binding contract with Mirus, or (b) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services.

3. Language of the Terms

Where Mirus has provided you with a translation of the English language version of the TOU, then you agree that the translation is provided for your convenience only and that the English language versions of the TOU will govern your relationship with Mirus. If there is any contradiction between what the English language version of the TOU says and what a translation says, then the English language version shall take precedence. This English language version is the sole version.

4. Use of the Services by you

Unless otherwise specified, the Services are for your personal and non-commercial use. You agree to use the Services for purposes permitted by Terms and the applicable law, regulations and practices in the relevant jurisdiction. You agree that you will not engage in any activity that will disrupt or interfere with the Services. From time to time to access certain Services, you may be required to provide personal information to continued use of the Services. Unless you have been specifically permitted to do so in a separate written agreement with Mirus, you agree that you will not modify, copy, distribute, transmit, display, reproduce, publish, license, duplicate, transfer, sell, trade or resell the Services for any purpose. You agree that Mirus has no responsibility to you or third party for any breach of your obligations under the Terms and that you are solely responsible for such breach.

5. Proprietary rights

You acknowledge and agree that Mirus or Mirus’ licensors own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services, including but not limited to all written text, computer software, audio files or other sounds, images, photographs or videos (“Content”). You may not modify, distribute, create, sell, or create derivate works based on this Content, either in part or in whole, unless you have a separate agreement giving you permission by Mirus or Mirus’ licensors.

Unless you have been expressly authorized to do so in writing by Mirus or Mirus’ licensors, you agree that you will not use any of Mirus’ trade names, trade marks, service marks, domain names, logo and other distinctive brand features (“Marks”) or use the Marks in a way that is likely or intended to cause confusion about the owner of such Marks. You agree that you will not change, remove or obscure any proprietary right notices.

6. License from Mirus

Mirus gives you a personal, revocable, worldwide, royalty-free, non-transferable and non-exclusive right and license to use the software provided to you by Mirus as part of the Services (“Software”). Unless you and Mirus have entered into a separate and specific written agreement, you may not assign your rights to use the Software or otherwise transfer, voluntarily or involuntarily, any part of your rights to use the Software.

7. License from you.

You agree that you retain copyright and any other derivative rights in Content, which you display, post, transfer, transmit or submit though the use of the Services. When you display, post, transfer or submit Content through the use of the Services, you agree to give Mirus, its affiliates, subsidiaries, its licensors and other companies, organizations or individuals with whom Mirus has relationships, an irrevocable, perpetual, worldwide, royalty-free, and non-exclusive license to modify, change, adapt, reproduce, display, publish, and distribute any Content which you display, post, transfer or submit. You warrant to Mirus, affiliates of Mirus and other companies, organizations or individuals with whom Mirus has relationships, that you have all the rights, power and authority necessary to grant the license in this paragraph.

8. Indemnity.

You agree to indemnify and hold Mirus, its affiliates, subsidiaries, licensors, officers, employees, and agents harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party arising out of Content you display, post, transfer, transmit or submit through the use of Services, your violation of TOU, or your violation of any rights of another.

9. Warranties.

YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICES AND SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MIRUS, ITS AFFILIATES, SUBSIDIARIES, LICENSORS, OFFICERS, EMPLOYEES, AND AGENTS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS OF A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

YOU ACKNOWLEDGE AND AGREE THAT ANY MATERIAL OBTAINED THROUGH THE USE OF SERVICES OR SOFTWARE IS ACCESSED AT YOUR OWN RISK AND DISCRETION, AND YOU ARE SOLELY RESPONSIBLE FOR AND WAIVE ALL CLAIMS AND CAUSES OF ACTION TO ANY LOSS OR DAMAGE TO YOUR INTERNET ACCESS, COMPUTER SYSTEM, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD.

YOU ACKNOWLEDGE AND AGREE THAT NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTIES OF ANY KIND.

10. Limitation on Liability.

YOU ACKNOWLEDGE AND AGREE THAT MIRUS, ITS AFFILIATES, SUBSIDIARIES, LICENSORS, OFFICERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABILITY TO YOU FOR ANY DAMAGES, WHETHER PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO DAMGES FOR LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), BUSINESS REPUTATION, USE, DATA, GOODWILL, SUBSTITUTE OF GOODS OR SERVICES, OR OTHER INTANGIBLE LOSSES RESULTING FROM THE USE OR INABILITY TO USE THE SERVICES OR SOFTWARE; UNAUTHORIZED ACCESS TO OR ALTERATION TO YOUR DATA; ANY CHANGES THAT MIRUS MAY MAKE TO THE SERVICES; YOUR FAILURE TO PROVIDE MIRUS WITH ACCURATE ACCOUNT INFORMATION; OR ANY OTHER MATTER RELATING TO THE SERVICE OR SOFTWARE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTIAL OR CONSEQUENTIAL DAMGES, NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, ACCORDINGLY, SOME OF THE LIMITATIONS OF SECTIONS 9 AND 10 MAY NOT APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

11. No Third-Party Beneficiaries.

You agree that, except as otherwise expressly provided in this TOU, there shall be no third-party beneficiaries to this agreement.

12. Termination of relationship.

The TOU will continue until terminated by either you or Mirus as set forth in this paragraph. Mirus may at any time, terminate its legal agreement with you if you have breached any provisions of the TOU or acted in any manner which Mirus believes that you do not intend or unwilling to comply with the TOU or Mirus is required to do so by law. You may terminate your legal agreement with Mirus by notifying Mirus at any time in writing and closing your accounts for all the Services, which you use.

13. Notice of Claims of Copyright or Intellectual Property Infringement.

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been violated, please provide Mirus’ Copyright Agent with the following information:

a. Your address, telephone number and email address

b. A signature (electronic or otherwise) of the person authorized to act on behalf of the owner of the intellectual property

c. A description of the infringing copyright or other intellectual property work

d. Location of the infringing work on Mirus’ site

e. A statement made by you, under penalty of perjury that the provided information in your claim is accurate and you are the owner or authorized person of the copyright or intellectual property work.

Please mail the notice to:

14. Links.

The Services may include hyperlinks to other World Wide Web sites or resources. You acknowledge and agree that Mirus not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Mirus is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

15. General Terms.

a. TOU constitutes the entire agreement between you and Mirus and governs your use of Services (excluding any services which Mirus may provide you with a separate written agreement), and completely replaces any prior agreements between you and Mirus.

b. TOU, your relationship between you and Mirus shall be governed by the laws of the State of Illinois. You and Mirus agree to submit to the personal jurisdiction of the courts located within the county of Cook, Illinois, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts, to resolve any legal matter arising from the TOU.

c. 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 Services or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred. This paragraph in no manner restricts the time period for which Mirus may bring any cause of action or claim against you arising out of or related to the use of the Services of the TOU.

d. The failure of Mirus to exercise or enforce any legal right, remedy or provision of the TOU shall not constitute a formal waiver of such right, remedy or provision. If any provision of the TOU is found by any court of law to be invalid, the parties agree that provision will be removed from the TOU without affecting the rest of the TOU and the other provisions of the TOU remain in valid and enforceable.

e. You agree that Mirus may provide you with notices, including those regarding changes to the TOU, by email, regular mail, or postings such changes on the Services.

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