Order Summary
cmdtyStats℠ Premium Account
Get access to cmdtyStats℠ today!
Premium Subscription
$299.00 / month billed annually
Your Premium Account comes with:
- Full Historical Data
- 10,000 Queries Per Day
- Premium Support
- Internal Business Use
Due Today:
$3,588.00
Contact us for:
- Multiple Licenses
- Bulk Discounts
- Data Acquisition Services
- Redistribution
- Network-based Permissions
cmdtyStats℠ Terms of Service
Terms of Service Agreement
This Terms of Service Agreement (the “Agreement”) is entered into and is effective as of the date which the user (“You” or “Your”) accept or agree to these Terms of Service and began use of the Services (the “Effective Date”) provided by Barchart.com Inc., (“Barchart”). “You” and “Your” shall mean the entity, individual, company, or other party that accepts or agrees to these Terms of Service. YOU UNDERSTAND THAT BY SELECTING “I ACCEPT” YOU ARE AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
- Definitions
- 1a. The "Services" shall mean the Barchart proprietary product cmdtyStats℠, an API-based system for the delivery of the Information (defined in 1b).
- 1b. The "Information" shall mean prices, trade flows, economic statistics, and other data created, or obtained, by Barchart from sources including, but not limited to: securities, commodities, futures, options and/or currency dealers and exchanges; providers of proprietary databases; and federal, state and local governmental agencies; delivered to You via the Services.
- 1c. “Intellectual Property Rights” shall mean patents, trademarks, trade and service names, copyrights, database rights, and other intellectual property rights, whether or not they are registered, anywhere in the world.
- 1d. “Derived Products” shall mean any products created from the use or processing of Information and Services, including but not limited to indexes, benchmarks, swaps, or other methodology products.
- 1e. “Internal Redistribution” shall mean the Services or Information distributed in original or modified format within Your legal organizational structure for purposes consistent with your ordinary course of Your business. Internal redistribution does not include distribution to separate but related legal entities, affiliates or subsidiaries.
- License, Representations, and the Services
- 2a. Barchart possesses the requisite license and authority to collect, compile, process and redistribute the Information.
- 2b. You agree that access to the Services and Information shall be limited to You (including Internal Redistribution by You) and may not be shared with or used by any other person or entity. You will use best efforts to prevent unauthorized use of Barchart Information and will notify Barchart, in writing, if you suspect that use of the Services or information by unauthorized users occurs.
- 2c. Barchart hereby grants to You a non-exclusive, non-transferable right and license to use the Services and Information for:
- (i) business and research purposes, including the right to copy Information into Your models, analyses, presentations, documents, and other similar forms of work done by manual or programmatic means; and
- (ii) the publication of excerpts of the Information in documents, charts, spreadsheets, files, reports, and presentations in the ordinary course of Your business.
- (iii) the publication of excerpts of the Information in documents, charts, spreadsheets, files, reports, and presentations in the ordinary course of Your business.
- 2d. You acknowledge and agree that Barchart holds all right, title and interest in and to the Intellectual Property Rights in the Services and Information.
- 2e. You may not grant access to, license or sell, directly or indirectly, the Services or Information or any product using the Services or Information to third parties.
- 2f. Other than as allowed herein, no use, creation, or distribution of Derived Products shall be permitted without the express approval of Barchart.
- 2g. Downloading and storing Information in a database; reverse engineering, or otherwise decompiling the Services or Information is strictly prohibited.
- 2h. Barchart may amend, enhance, add to, remove, or change the Services or Information without notice to You.
- Representations, Warranties and Limitation of Liability
- 3a. NEITHER BARCHART, ITS AFFILIATES, INFORMATION SOURCES NOR ANY OF THEIR RESPECTIVE LICENSORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES WARRANT THAT THE SERVICES WILL BE EITHER UNINTERRUPTED OR ERROR FREE. YOU ACKNOWLEDGE THAT THE SERVICES PROVIDED HEREUNDER ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU EXPRESSLY AGREES THAT USE OF THE SERVICES IS AT THE YOUR SOLE RISK.
- 3b. NOTWITHSTANDING ANYTHING CONTAINED TO THE CONTRARY HEREIN, NEITHER BARCHART, ITS AFFILIATES, INFORMATION SOURCES NOR ANY OF THEIR RESPECTIVE LICENSORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES SHALL BE LIABLE TO THE YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OR RELATED TO THE USE OF THE SERVICES OR ANY BREACH OF ANY PROMISE OR WARRANTY HEREUNDER.
- 3c. NOTWITHSTANDING ANYTHING CONTAINED TO THE CONTRARY HEREIN, BARCHART'S LIABILITY UNDER THIS AGREEMENT SHALL BE LIMITED TO AN AMOUNT NOT TO EXCEED ONE YEAR OF SERVICE FEES UNDER THIS AGREEMENT WHETHER ARISING FROM DELAYS, ERRORS, OMISSIONS OR INTERRUPTIONS AND ALL OTHER ACTIONS WHETHER SOUNDING IN TORT, CONTRACT, WARRANTY, NEGLIGENCE OR OTHERWISE.
- Your Representations
- 4a. You represent and warrant that you are not currently nor will you engage in the operation of any unlawful transactions or business and that you will not use or permit anyone to use the Services or Information for any unlawful purposes.
- 4b. You agree to hold and use the proprietary aspects of the Services and Information in the same manner as you deal with your own proprietary Information and trade secrets and you will not divulge, directly or indirectly, in whole or in part, to any firm, individual (other than your employees and representatives), or third parties any proprietary data relating to the Services or information, or the programs and technology embodied therein except as required by law.
- Term & Automatic Renewal.
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5a. This Agreement shall become effective upon the date that the Information and Services are first made available to the You for use, and shall remain effective for a period of Twelve (12) months from that date. After the minimum initial term, this Agreement shall automatically be renewed unless written notice of termination is delivered by either party to the other at least sixty (60) days prior to the end of the then current term. Termination of this Agreement shall terminate the license granted to the You hereunder.
To terminate please call (312) 566-9235 Monday through Friday, 9:00 a.m. until 5:00 p.m. (CST) or email solutions@barchart.com - Miscellaneous
- 6a. Neither party shall have any liability for any default resulting from force majeure, which shall be deemed to include any circumstances beyond its reasonable control. Such circumstances shall include, but are not limited to, acts of the government, fire, flood, strikes, power failures, or communications line or network failures, provided that such network failures are not the fault of the defaulting party.
- 6b. This Agreement contains the entire agreement of the parties with respect to the subject matter hereof. The provisions and terms of any purchase order or other instrument issued by You shall be of no effect, and the acceptance of any such order or instrument by Barchart shall not in any way extend or alter the terms of this Agreement. This Agreement may not be modified or amended except by a written amendment signed by both parties. Failure of either party to insist at any time upon strict compliance with the terms of this Agreement or to seek remedy for any breach thereof shall not constitute or be construed as a waiver of any rights or remedies under the Agreement or of any such breach.
- 6c. This Agreement shall be construed in accordance with and governed by the laws of the State of Illinois, U.S.A. The prevailing party in any such disputes shall be reimbursed for all costs, expenses and reasonable attorneys' fees by the other party.
- 6d. ALL DISPUTES ARISING UNDER THIS AGREEMENT SHALL BE LITIGATED BEFORE A COURT LOCATED IN CHICAGO, ILLINOIS, WITHOUT REGARD TO CHOICE OF LAW PRINCIPLES. ANY ACTION, PROCEEDING, OR LITIGATION BROUGHT BY A PARTY PURSUANT TO THIS AGREEMENT OR ANY BREACH THEREOF MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION AROSE, WHETHER OR NOT THE PARTY HAD ANY KNOWLEDGE OR NOTICE THEREOF. THE PARTIES AGREE THAT IN ANY SUCH DISPUTE OR SUBSEQUENT LEGAL ACTION, THEY WILL ONLY ASSERT CLAIMS IN AN INDIVIDUAL (NON-CLASS, NONREPRESENTATIVE) BASIS, AND THAT THEY WILL NOT SEEK OR AGREE TO SERVE AS A NAMED REPRESENTATIVE IN A CLASS ACTION OR SEEK RELIEF ON BEHALF OF THOSE OTHER THAN THEMSELVES.
- 6e. All notices relating to this Agreement shall be in writing addressed to the other party at their respective addresses as first set forth above or at such different addresses of which written notice has been given. All such notices shall be deemed duly given when sent by facsimile or hand delivered, or when actually received if by mail or other means.
- 6f. Neither party may assign or transfer any license granted hereunder without the express written consent of the other party, which consent shall not be unreasonably withheld.
- 6g. By clicking “I accept”, the individuals signing below hereby represent and warrants that they have the legal authority to bind the party on whose behalf they are signing to the terms of this Agreement.
