MFB Capital Terms of Use

These Terms of Use ("Terms") constitute a legally binding agreement between you ("you," "your," or "User") and MFB Capital, LLC ("MFB," "we," "us," or "our") governing your access to and use of MFB's websites, applications, client portals, informational content, communication systems, and related online or electronic services (collectively, the "Services").

By accessing, browsing, registering for, or using any portion of the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, and any policies or disclosures expressly incorporated herein, including the Privacy Policy and Risk Disclosures (collectively, the "Governing Documents").

If you open a brokerage account through MFB, you will be required to separately agree to additional agreements and disclosure, including the applicable Customer Agreement and related account documentation, which will govern your trading and account relationship.

If you do not agree to these Terms, you may not access or use the Services.

The Services are intended solely for use by individuals and entities that are legally capable of entering into binding contracts under applicable law. By using the Services, you represent and warrant that you are at least eighteen (18) years of age, possess full legal capacity, and are authorized to enter into these Terms on your own behalf or on behalf of any entity you represent.

If you access or use the Services on behalf of a business entity, you represent and warrant that you have full authority to bind such entity to these Terms, and all references to "you" shall include both you individually and such entity.

You further represent that you meet all applicable eligibility requirements imposed by U.S. commodities laws and by the carrying Futures Commission Merchant.

MFB provides brokerage, trading-related, and associated financial services, including access to trading platforms, account management tools, and related operational systems. Nothing contained in the Services constitutes investment advice, trading advice, legal advice, tax advice, or recommendations regarding the suitability of any security, futures contract, option, or trading strategy.

All trading and investment decisions are made solely by you. You acknowledge and agree that you are solely responsible for evaluating the merits and risks of any transaction and that MFB does not act as your investment advisor, fiduciary, or financial planner. MFB is not registered as a Commodity Trading Advisor ("CTA") and does not provide commodity trading advice or personalized trading recommendations within the meaning of the Commodity Exchange Act.

MFB Capital LLC is registered with the Commodity Futures Trading Commission as an Introducing Broker and is a Member of the National Futures Association (NFA ID # 0573109). You may verify MFB's registration and disciplinary history through NFA BASIC at www.nfa.futures.org/basicnet.

MFB does not accept or hold customer funds. All customer accounts are introduced to and carried by one or more registered Futures Commission Merchants ("FCMs") pursuant to separate agreements between the customer and the FCM. The FCM is responsible for custody of customer funds, trade execution, clearing, margin administration, and related account services. MFB receives compensation in connection with the referral of customers to one or more FCMs. Such compensation may be based on commissions, fees, trading volume, or other commercial arrangements.

As an Introducing Broker, MFB's role is limited to account introduction, providing access to trading platforms, and operational support. MFB does not execute trades, maintain custody of funds, or manage margin. The applicable FCM agreement governs all account-related matters.

Certain Services require account registration and authentication credentials. You agree to provide accurate, current, and complete information during registration and to maintain the accuracy of such information at all times. You are solely responsible for maintaining the confidentiality of your login credentials and for all activities conducted through your account.

You agree to notify MFB immediately of any unauthorized access, suspected compromise, or security breach relating to your account. MFB shall not be liable for any loss or damage arising from unauthorized account access resulting from your failure to safeguard credentials.

The Services are intended solely for persons located in jurisdictions where the offering of such services is lawful. Nothing contained in the Services constitutes an offer or solicitation in any jurisdiction where such offer or solicitation would be unlawful or would require registration, licensing, or qualification that has not been obtained.

Nothing in these Terms shall be construed to waive, limit, or modify any rights or protections that cannot be waived under applicable federal or state commodities or securities laws, or under applicable CFTC or NFA rules and regulations.

Trading in futures, options, and other leveraged instruments involves substantial risk and is not suitable for all investors. You acknowledge that trading may result in partial or total loss of capital and that past performance is not indicative of future results.

You further acknowledge that market conditions, system performance, latency, connectivity disruptions, exchange outages, and third-party failures may materially impact execution, pricing, and availability of trading services. MFB does not guarantee uninterrupted access, execution certainty, or error-free operation of trading platforms.

Pursuant to CFTC Rule 1.55, customers will receive the applicable risk disclosure statements from the FCM prior to trading and must acknowledge receipt and understanding of such disclosures before an account is opened. Additionally, the Introducing Broker ensures that all customers are appropriately directed to the required disclosure materials before engaging in any trading activity.

Any performance, results, or examples presented on this website or through our Services, whether in charts, tables, or other formats, are purely hypothetical or simulated and do not reflect actual trading results.

Hypothetical performance results have many inherent limitations. Unlike an actual account, simulated results do not involve financial risk, and no representation is made that any account will, or is likely to, achieve profits or losses similar to those shown.

Past hypothetical performance is not indicative of future results, and you should not rely on such performance when making trading or investment decisions. Trading in futures, options on futures, and other leveraged instruments involves substantial risk, including the potential loss of your entire investment.

You further acknowledge that any promotional materials, content, or communications, provided by MFB are intended to comply with CFTC Rule 4.41 and related regulatory requirements, and are provided for informational purposes only.

You agree to use the Services solely for lawful purposes and in compliance with all applicable laws, regulations, exchange rules, and MFB policies. You agree not to engage in any activity that interferes with or disrupts system integrity, platform security, or service availability.

Prohibited conduct includes, without limitation, unauthorized system access, data scraping, reverse engineering, circumvention of access controls, transmission of malicious code, abuse of trading systems, manipulation, fraudulent activity, or any conduct that violates regulatory, contractual, or legal obligations.

MFB reserves the right to suspend, restrict, or terminate access to the Services at any time where it reasonably determines that such action is necessary to protect system integrity, comply with regulatory obligations, prevent harm, or enforce these Terms.

All content, software, designs, trademarks, service marks, logos, interfaces, text, graphics, and other materials comprising the Services are owned by or licensed to MFB and are protected by intellectual property laws. Nothing in these Terms grants you any ownership interest or license except as expressly permitted for personal, non-commercial use of the Services.

You may not reproduce, distribute, modify, display, perform, publish, license, create derivative works from, or commercially exploit any portion of the Services without MFB's prior written consent.

The Services may include links to or integrations with third-party websites, platforms, exchanges, clearing firms, or vendors. MFB does not control and is not responsible for third-party content, systems, availability, security, or practices.

Your use of third-party services is subject to their respective terms and policies, and MFB disclaims all liability arising from third-party service failures, interruptions, inaccuracies, or security incidents.

MFB endeavors to provide reliable access to its systems but does not guarantee uninterrupted, error-free, or latency-free service. Trading platforms and websites may be subject to scheduled maintenance, unexpected outages, network congestion, cybersecurity incidents, or third-party system failures.

You acknowledge that technological failures may result in execution delays, missed trades, pricing discrepancies, or inability to access accounts, and you assume all risks associated with such failures.

To the maximum extent permitted by law, MFB and its officers, directors, employees, agents, affiliates, and service providers shall not be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages arising from or relating to your use of the Services, including but not limited to lost profits, lost trading opportunities, loss of data, system outages, or execution failures.

In no event shall MFB's total cumulative liability arising out of or relating to the Services or these Terms exceed the total fees or commissions paid directly to MFB during the twelve (12) months preceding the event giving rise to the claim.

Nothing herein shall limit liability to the extent such limitation is prohibited under applicable federal commodities laws or CFTC or NFA regulations.

You agree to indemnify, defend, and hold harmless MFB and its officers, directors, employees, affiliates, and service providers from and against any claims, losses, damages, liabilities, costs, and expenses arising from your violation of these Terms, misuse of the Services, breach of regulatory obligations, or infringement of any third-party rights.

You acknowledge and agree that MFB may disclose information regarding your account, transactions, communications, and activities to regulators, exchanges, clearing firms, governmental authorities, and courts as required or permitted by law, regulation, subpoena, or regulatory inquiry.

Such disclosures may occur without prior notice where legally permitted.

The Services are provided on an "as is" and "as available" basis. To the fullest extent permitted by law, MFB disclaims all warranties of any kind, whether express, implied, statutory, or otherwise, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, completeness, or uninterrupted operation. MFB does not warrant that the Services will be secure, error-free, or continuously available.

MFB shall not be liable for any failure, interruption, or delay in performance resulting from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, governmental actions, exchange, FCM, or clearinghouse disruptions, market closures, war, terrorism, cyberattacks, telecommunications failures, power outages, labor disputes, or failures of third-party service providers.

By using the Services, you consent to receive communications from MFB electronically, including but not limited to disclosures, account notices, regulatory communications, policy updates, and other information related to the Services. Electronic communications may be delivered via email, website posting, client portal, or other electronic means permitted by law.

You acknowledge and agree that communications with MFB, including telephone calls, electronic messages, and online chats, may be monitored or recorded for compliance, supervisory, quality assurance, or regulatory purposes, to the extent permitted by applicable law.

You represent and warrant that you are not located in, organized under the laws of, or ordinarily resident in any jurisdiction subject to comprehensive U.S. economic sanctions, and that you are not identified on any U.S. government sanctions or restricted persons list. You agree not to use the Services in violation of any applicable anti-money laundering, anti-terrorism, export control, or economic sanctions laws or regulations.

MFB reserves the right, in its sole discretion and to the extent permitted by applicable law, to refuse service, restrict access, decline to open or maintain any account, or terminate access to the Services for compliance, legal, regulatory, reputational, operational, or risk management reasons.

You may not assign, transfer, delegate, or otherwise convey your rights or obligations under these Terms without the prior written consent of MFB. MFB may assign or transfer these Terms in connection with a merger, acquisition, corporate restructuring, change of control, or sale of all or substantially all of its assets.

The failure of MFB to enforce any provision of these Terms shall not constitute a waiver of that provision or of any other provision. Any waiver must be in writing and signed by an authorized representative of MFB.

The provisions relating to intellectual property, limitation of liability, indemnification, regulatory cooperation, dispute resolution (if applicable), and any other provisions that by their nature are intended to survive termination shall survive the termination or expiration of these Terms.

MFB may, in its sole discretion, suspend or terminate your access to the Services at any time for compliance, security, legal, operational, or risk management reasons. Termination does not relieve you of any obligations incurred prior to termination, including financial, regulatory, or contractual obligations.

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to conflict-of-law principles, except to the extent federal commodities laws, CFTC regulations, or NFA rules provide otherwise.

Subject to the arbitration provisions below and applicable regulatory rights, any dispute arising out of or relating to these Terms or the Services that is not subject to arbitration under these Terms and does not involve statutory regulatory rights shall be brought exclusively in the state or federal courts located in Collin County, Texas, or the United States District Court for the Eastern District of Texas.

Nothing herein limits your rights to file a claim with the Commodity Futures Trading Commission or pursue arbitration under NFA rules. You retain all rights available under the Commodity Exchange Act, CFTC regulations, or NFA rules.

Subject to applicable law and regulatory requirements, any dispute, claim, or controversy arising solely out of or relating to the contractual relationship between you and MFB under these Terms, including breach, termination, enforcement, or interpretation of these Terms shall be resolved by binding arbitration administered by JAMS in accordance with its Streamlined Arbitration Rules and Procedures, conducted by one neutral arbitrator in Fort Worth, Texas. Judgment on the award may be entered in any court having jurisdiction. The parties shall share the costs of arbitration equally.

Confidentiality: The arbitration proceedings and award shall be confidential, except as required by applicable law or judicial decision.

Regulatory Rights Reserved: This arbitration provision does not limit or waive any rights you may have under the Commodity Exchange Act, CFTC regulations, or NFA rules, including the right to file a claim with the CFTC or pursue arbitration through the NFA. Nothing herein restricts the customer from choosing to initiate a regulatory claim instead of arbitration.

Injunctive Relief: The parties may seek provisional or injunctive relief from a court of competent jurisdiction to aid arbitration, provided such relief does not restrict any regulatory claims or protections.

Class Action Waiver: To the extent arbitration applies, disputes must be arbitrated on an individual basis, and neither party may participate in a class action in arbitration, without limiting your regulatory rights under NFA or CFTC rules.

MFB may modify these Terms at any time by posting an updated version on its website or client portal. Continued use of the Services following posting constitutes acceptance of the revised Terms.

Your use of the Services is also subject to MFB's Privacy Policy, which describes how personal information is collected, used, stored, and disclosed. By using the Services, you acknowledge that you have reviewed the Privacy Policy.

Nothing in these Terms shall be construed to create a fiduciary relationship, partnership, joint venture, agency relationship, or other special relationship between you and MFB. MFB does not undertake any duty to monitor your account, provide investment advice, or ensure the suitability of any transaction.

Section headings are provided for convenience only and shall not affect the interpretation or construction of these Terms.

These Terms, together with the incorporated Governing Documents, constitute the entire agreement between you and MFB regarding the Services and supersede all prior agreements or understandings. If any provision of these Terms is determined to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall remain in full force and effect.

Questions regarding these Terms may be directed to support@talero.com.