User Agreement and Terms of Use

Welcome to Barchart.com. These Terms of Use govern your use of the website, content, software and services (the "Services") offered through Barchart.com.

YOUR AFFIRMATIVE ACT OF USING BARCHART.COM SIGNIFIES THAT YOU AGREE TO THE FOLLOWING TERMS OF USE, AND YOU CONSENT TO THE COLLECTION, USE AND DISCLOSURE OF PERSONAL INFORMATION AS DISCLOSED IN THE PRIVACY POLICY. IF YOU DO NOT AGREE, DO NOT USE BARCHART.COM.

1. CHANGES TO THE TERMS OF USE.
   
   We may change these Terms of Use at any time. You can review the most current version of these terms by clicking on the "User Agreement" link located at the bottom of our web pages. You are responsible for checking these terms periodically for changes. If you continue to use Barchart.com after we post changes to these Terms of Use, you are signifying your acceptance of the new terms.
   
   
2. CHANGES TO BARCHART.COM
   
   We may discontinue or change any service or feature on Barchart.com at any time and without notice.
   
   
3. OWNERSHIP OF INFORMATION; LICENSE TO USE BARCHART.COM; REDISTRIBUTION OF DATA.
   
   

   Unless otherwise noted, all right, title and interest in and to Barchart.com, and all information made available through Barchart.com or its Services, in all languages, formats and media throughout the world, including all copyrights and trademarks therein, are the exclusive property of Barchart.com, its affiliates or its Data Providers.
   
   You may use Barchart.com and the Content offered on Barchart.com only for personal, non-commercial purposes. You may use Content offered for downloading, such as daily data files, for personal use only and subject to the rules that accompany that particular Content. You may not use any data mining, robots, or similar data gathering and extraction tools on the Content, frame any portion of Barchart.com or Content, or reproduce, reprint, copy, store, publicly display, broadcast, transmit, modify, translate, port, publish, sublicense, assign, transfer, sell, loan, or otherwise distribute the Content without our prior written consent. You may not circumvent any mechanisms included in the Content for preventing the unauthorized reproduction or distribution of the Content. For information on white-labeling Barchart content, please visit Barchart Market Data Solutions.
   
   EXCEPT AS OTHERWISE EXPRESSLY PERMITTED BY THE PRECEDING PARAGRAPH, YOU AGREE NOT TO REPRODUCE, RETRANSMIT, DISSEMINATE, SELL, DISTRIBUTE, PUBLISH, BROADCAST OR CIRCULATE ANY OF THE SERVICES OR MATERIALS IN ANY MANNER OR FOR ANY PURPOSES (WHETHER PERSONAL OR BUSINESS) WITHOUT THE PRIOR EXPRESS WRITTEN CONSENT OF BARCHART.COM AND/OR THE DATA PROVIDERS. IN ADDITION, YOU SHALL NOT, WITHOUT THE PRIOR EXPRESS WRITTEN CONSENT OF BARCHART.COM AND THE RELEVANT DATA PROVIDERS, MAKE COPIES OF ANY OF THE SOFTWARE OR DOCUMENTATION THAT MAY BE PROVIDED, ELECTRONICALLY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, TRANSLATING, DECOMPILING, DISASSEMBLING OR CREATING DERIVATIVE WORKS.

4. THIRD PARTY SITES and ADVERTISERS
   
   Barchart.com may include links to third party websites. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. You agree that Barchart.com shall not be held liable for any trading activities or other activities that occur on any website you access through links on Barchart.com. We provide these links as a convenience, and do not endorse the content or services offered by these other sites. Any dealings that you have with advertisers found on Barchart.com are between you and the advertiser and you acknowledge and agree that we are not liable for any loss or claim you may have against an advertiser.
   
   
5. DISCLAIMER REGARDING CONTENT
   
   Barchart.com cannot and does not represent or guarantee that any of the information available through the Services or on Barchart.com is accurate, reliable, current, complete or appropriate for your needs. Various information available through the Services or on Barchart.com may be specially obtained by Barchart.com from professional businesses or organizations, such as exchanges, news providers, market data providers and other content providers (e.g., the New York Stock Exchange, NASDAQ, New York Mercantile Exchange and Dow Jones), who are believed to be sources of reliable information (collectively, the “Data Providers”).  Nevertheless, due to various factors — including the inherent possibility of human and mechanical error — the accuracy, completeness, timeliness, results obtained from use, and correct sequencing of information available through the Services and Website are not and cannot be guaranteed by Barchart.com.
   
   
6. DISCLAIMER REGARDING INVESTMENT DECISIONS AND TRADING
   
   Decisions to buy, sell, hold or trade in securities, commodities and other investments involve risk and are best made based on the advice of qualified financial professionals. Any trading in securities or other investments involves a risk of substantial losses. The practice of “Day Trading” involves particularly high risks and can cause you to lose substantial sums of money. Before undertaking any trading program, you should consult a qualified financial professional. Please consider carefully whether such trading is suitable for you in light of your financial condition and ability to bear financial risks.  Under no circumstances shall we be liable for any loss or damage you or anyone else incurs as a result of any trading or investment activity that you or anyone else engages in based on any information or material you receive through Barchart.com or our Services.
   
   
7. DISCLAIMER REGARDING HYPOTHETICAL PERFORMANCE RESULTS
   
   

   Hypothetical performance results have many inherent limitations, some of which are mentioned below. No representation is being made that any account will or is likely to achieve profits or losses similar to those shown. In fact, there are frequently sharp differences between hypothetical performance results and actual results subsequently achieved by any particular trading program.

   One of the limitations of hypothetical performance results is that they are generally prepared with the benefit of hindsight. In addition, hypothetical trading does not involve financial risk and no hypothetical trading record can completely account for the impact of financial risk in actual trading. For example the ability to withstand losses or to adhere to a particular trading program in spite of the trading losses are material points, which can also adversely affect trading results. There are numerous other factors related to the market in general or to the implementation of any specific trading program which cannot be fully accounted for in the preparation of hypothetical performance results and all of which can adversely affect actual trading results.
   
   
8. REGISTERED USERS.
   
   Certain services, such as delayed or real-time software subscriptions, are available only to registered users of the Barchart.com web site and require you to sign in with a user name and password to use them. If you register as a user (a “Subscriber”) of any of the features of Barchart.com, during the registration process you may be prompted to click an “Register Now,” “Submit” or similar button; your clicking on such button will further confirm your agreement to be legally bound by these Terms and Conditions.
   
   

   In consideration of your use of the Barchart.com Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving Barchart.com Services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Barchart.com's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Barchart.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Barchart.com has the right to suspend or terminate your account and refuse any and all current or future use of the Barchart.com Services (or any portion thereof).
   

9. ACCESS AND SECURITY
   
   You accept responsibility for the confidentiality and use of any user name and email address that you may register for your access to and use of the Services. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Barchart.com of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Barchart.com cannot and will not be liable for any loss or damage arising from your failure to comply.
   
   
10. FEEDBACK TO BARCHART.COM
    
    By submitting ideas, suggestions, documents, and/or proposals to Barchart.com through its contact or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Barchart.com is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Barchart.com shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Barchart.com may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of Barchart.com without any obligation of Barchart.com to you; and (f) you are not entitled to any compensation or reimbursement of any kind from Barchart.com under any circumstances.
    
    
11. INDEMNITY
    
    You agree to indemnify and hold Barchart.com and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit, modify or otherwise make available through the Barchart.com Services, your use of the Barchart.com Services, your connection to the Barchart.com Services, your violation of the Terms of Use, or your violation of any rights of another.
    
    
12. TERMINATION
    
    

    You may terminate your Barchart.com account, any associated email address and access to the Barchart.com Services by submitting such termination request to Barchart.com.

    You agree that Barchart.com may, without prior notice, immediately terminate, limit your access to or suspend your Barchart.com account, any associated email address, and access to the Barchart.com Services. Cause for such termination, limitation of access or suspension shall include, but not be limited to, (a) breaches or violations of the Terms of Use or other incorporated agreements or guidelines, (b)requests by law enforcement or other government agencies, (c) discontinuance or material modification to the Barchart.com Services (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) and/or engagement by you in fraudulent or illegal activities. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in Barchart.com's sole discretion and that Barchart.com shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Barchart.com Services.