These Terms of Use (“Terms”) govern your access to and use of the Houston Mercantile Exchange, LLC (“HMX”) website, the HMX Platform, and related services. By accessing or using our site or services, you agree to these Terms. If you do not agree, do not use our site or services. Our Privacy Policy describes how we collect and use personal information and is incorporated into these Terms by reference.
ACCEPTANCE AND ELIGIBILITY
By using this site or registering as a participant on the HMX Platform, you represent that you are at least 18 years of age, have authority to bind your organization (if applicable), and will comply with all applicable laws and regulations governing the business conducted therein and associated electronic communications. HMX may refuse or terminate access to any user who violates these Terms.
USE OF THE HMX PLATFORM
The HMX Platform is provided for legitimate business purposes related to over-the-counter commodity transactions. The HMX Platform is a closed user system and access to the HMX Platform is only allowed by authenticated existing customer users. You agree to use the Platform only as authorized, maintain the confidentiality of your login credentials, and not misuse, interfere with, or attempt unauthorized access to the Platform or other users’ accounts. HMX reserves the right to monitor usage, suspend access, and take other action to protect the integrity of the Platform.
USER RESPONSIBILITIES
You are responsible for the accuracy of information you provide, including your contact details, and for all activity conducted under your account. You agree not to transmit unlawful, misleading, or harmful content through the Platform or HMX communication channels.
SMS / TEXT MESSAGE NOTIFICATION PROGRAM
The following terms apply to the Houston Mercantile Exchange (HMX) SMS Text Message Notification Program and are intended to comply with applicable U.S. messaging laws and carrier requirements. This program is for authenticated enterprise users with an existing customer relationship only. Opt-in occurs inside the secured HMX portal; there is no public subscription and no promotional content.
1. Program Description and Consent
When you enable “Text Msg Alerts” in your User Profile and provide a mobile phone number, you provide express written consent to receive automated SMS text messages from Houston Mercantile Exchange (HMX) at the number you provide. Consent to receive SMS messages is not a condition of purchase and is not required to access the HMX Platform; SMS notifications are optional. Message types may include:
- Operational Notifications: Updates regarding system-related changes and Platform events and status.
- Account Activity: Updates and notifications as configured in your profile, including notifications related to user-configured operational thresholds.
- Transaction Status Updates: Confirmations and updates regarding your transactions and negotiation status on the Platform.
- Security: Multi-factor authentication (MFA) and account recovery messages.
Important: HMX does not provide investment advice, stock tips, trading recommendations, or solicitation services. SMS messages are strictly operational notifications related to platform activity and account events.
2. Message Frequency, Rates, and Carrier Disclaimer
Message frequency varies based on your notification settings and platform activity. Message and data rates may apply according to your mobile carrier plan. Carriers are not liable for delayed or undelivered messages. Supported carriers include major U.S. wireless carriers; carrier participation may change without notice.
3. Opt-Out and Help
- Opt-Out: Reply STOP to any SMS message to cancel text message notifications. You may also disable SMS notifications by unchecking “Text Msg Alerts” in your User Profile.
- Help: Reply HELP to any SMS message for assistance, or contact us at legal@houstonmerc.com or (866) 659-6372.
4. Privacy and Data Use
We will not sell or share your mobile phone number, SMS opt-in data, or consent records with third parties or affiliates for their own marketing purposes. Mobile information is used solely to deliver HMX operational and account notifications and is shared only with service providers as needed to transmit messages on our behalf. For details on how we collect, use, and safeguard personal information, see our Privacy Policy.
5. Changes to the SMS Program
We may modify or discontinue the SMS Notification Program at any time. Material changes will be posted on this page. Continued receipt of messages after changes constitutes acceptance of updated terms where permitted by law.
EMAIL AND OTHER COMMUNICATIONS
By enabling email notifications in your profile, you authorize HMX to send operational and account notifications to the email address associated with your account. You may adjust email preferences in your User Profile or opt out using links provided in emails, as described in our Privacy Policy.
INTELLECTUAL PROPERTY
All content, trademarks, logos, and software on this site and the HMX Platform are owned by HMX or its licensors and are protected by applicable intellectual property laws. You may not copy, modify, distribute, or create derivative works without HMX’s prior written consent.
DISCLAIMER OF WARRANTIES
THE SITE AND PLATFORM ARE PROVIDED “AS IS” AND “AS AVAILABLE.” HMX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. HMX DOES NOT WARRANT UNINTERRUPTED OR ERROR-FREE OPERATION.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, HMX AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SITE, PLATFORM, OR COMMUNICATIONS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
INDEMNIFICATION
You agree to indemnify and hold harmless HMX from claims, damages, and expenses arising from your violation of these Terms or misuse of the Platform.
MODIFICATIONS
HMX may revise these Terms at any time. Updates are effective upon posting unless otherwise stated. Registered participants may be notified of material changes by email. Your continued use of the site or Platform after changes constitutes acceptance of the revised Terms.
GOVERNING LAW
These Terms are governed by the laws of the State of Texas, without regard to conflict-of-law principles. Any dispute shall be brought in the state or federal courts located in Harris County, Texas.
EFFECTIVENESS
These Terms of Use are effective as of May 17, 2026. We reserve the right to modify these Terms at any time; modifications are effective upon posting unless otherwise stated.
QUESTIONS?
Questions regarding these Terms of Use or the SMS Notification Program should be directed to legal@houstonmerc.com. HMX may also be contacted directly at the following address and phone number:
Houston Mercantile Exchange, LLC
P.O. Box 580
Katy, Texas 77492-0580
Phone: (866) 659- 6372
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