Last Updated: May 5, 2021
From time to time Barchart may review and update this policy.
CHANGES TO WEBSITES AND SERVICES
We may discontinue or change any service or feature at any time and without notice.
OWNERSHIP OF INFORMATION; LICENSE TO USE BARCHART; REDISTRIBUTION OF DATA.
Unless otherwise noted, all right, title and interest in and to Barchart, and all information and content (“Information”) made available through Barchart, in all languages, formats and media throughout the world, including all copyrights and trademarks therein, are the exclusive property of Barchart, its affiliates or its Data Providers. Any Information on websites (a "Site" or "Sites") that are hosted by Barchart and/or its affiliates, is owned by or licensed to Barchart. User acknowledges the Information is protected under United States copyright laws. Such Information includes data and prices wholly owned by Barchart and/or managed by Barchart on behalf of a Site or Sites. You may not capture, record, publish, display, create derivative works of, republish the Information owned or hosted by Barchart in whole or in part without consent from Barchart or its clients.
In no event shall any user publish, retransmit, redistribute or otherwise reproduce any Barchart Information in any format to anyone, and no user shall use any Barchart Information in or in connection with any business or commercial enterprise, including, without limitation, any securities, investment, accounting, banking, legal or media business or enterprise, without the express written consent of Barchart. You may not use any data mining, robots, or similar data gathering and extraction tools on the Information, frame any portion of Barchart or Information, or reproduce, reprint, copy, store, publicly display, broadcast, transmit, modify, translate, port, publish, sublicense, assign, transfer, sell, loan, or otherwise distribute the Information without our prior written consent. You may not circumvent any mechanisms included in the Information for preventing the unauthorized reproduction or distribution of the Information. For information on licensing Barchart Information, 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 AND/OR THE DATA PROVIDERS. IN ADDITION, YOU SHALL NOT, WITHOUT THE PRIOR EXPRESS WRITTEN CONSENT OF BARCHART 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.
DISCLAIMER REGARDING CONTENT
Barchart cannot and does not represent or guarantee that any of the Information available through Barchart websites is accurate, reliable, current, complete or appropriate for your needs. Various Information available through Barchart may be specially obtained by Barchart 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, CME Group 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 Barchart are not and cannot be guaranteed by Barchart. Neither Barchart nor its affiliates make any express or implied warranties (including, without limitation, any warranty or merchantability or fitness for a particular purpose or use) regarding the Information on Barchart. The Barchart Information is provided to the users "as is." Neither Barchart nor its affiliates will be liable to any user or anyone else for any interruption, inaccuracy, error or omission, regardless of cause, in the Barchart Information or for any damages (whether direct or indirect, consequential, punitive or exemplary).
NO ADVICE OR SOLICITATION
The information is not intended to provide tax, legal or investment advice. The information does not constitute a solicitation by Barchart.com of the purchase or sale of securities.
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.
Neither the information, nor any opinion expressed, constitutes a solicitation of the purchase or sale of any securities, futures, or options.
MORNINGSTAR NOTICE/DISCLAIMER FOR FUNDAMENTAL DATA
© 2021 Morningstar. All Rights Reserved. The information contained herein: (1) is proprietary to Morningstar and/or its content providers; (2) may not be copied or distributed; and (3) is not warranted to be accurate, complete or timely. Neither Morningstar nor its content providers are responsible for any damages or losses arising from any use of this information. Past performance is no guarantee of future results.
ALL DISPUTES (EXCEPT ACTIONS FOR INJUNCTIVE RELIEF BROUGHT BY BARCHART) ARISING UNDER THIS AGREEMENT SHALL BE RESOLVED EXCLUSIVELY THROUGH BINDING ARBITRATION BEFORE A FORUM LOCATED IN CHICAGO, ILLINOIS. YOU AGREE THAT IN ANY SUCH DISPUTE OR ARBITRATION, YOU WILL ONLY ASSERT CLAIMS IN AN INDIVIDUAL (NON-CLASS, NONREPRESENTATIVE) BASIS, AND THAT YOU WILL NOT SEEK OR AGREE TO SERVE AS A NAMED REPRESENTATIVE IN A CLASS ACTION OR SEEK RELIEF ON BEHALF OF THOSE OTHER THAN YOURSELF. YOU UNDERSTAND THAT BY AGREEING TO THIS SECTION, YOU ARE GIVING UP THE RIGHT TO LITIGATE (OR PARTICIPATE AS A PARTY OR CLASS MEMBER) IN COURT. YOU ALSO AGREE THAT ANY DISPUTE RESOLUTION PROCEEDING WILL ONLY CONSIDER YOUR INDIVIDUAL CLAIMS AND YOU AGREE THAT NO DISPUTE WILL BE HEARD AS A CLASS ACTION, REPRESENTATIVE ACTION OR CONSOLIDATED ACTION. ANY ACTION, PROCEEDING, OR ARBITRATION 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.
Last Updated: May 5, 2021
From time to time Barchart may review and update this policy.
What information does Barchart collect?
By registering with Barchart, contacting us or submitting a contact form through one of the websites listed above, Barchart may contact you in regards to the relevant service or in regards to your inquiry. You will also be added into our email lists for related product, service or company information, updates and announcements. You can opt-out at anytime (opt-out details are below). Barchart does not share your email address with any third-party advertisers.
Barchart maintains logs which contain information on anonymous users such as IP address, browser type, operating system, and referring web page. We use this information to track usage and diagnose bugs. We also gather regular statistical information regarding site usage, browser information, OS, device and network information, and user interaction on our various websites and services from all users without any personally identifiable information.
Websites and apps with logins require personal data, and, without such, gaining access may not be possible. When you set up an account, we collect personal data such as your name, address, company, telephone number, email address, username and password. We also collect information from third party providers (e.g., if you log-in to our site using a Google, Facebook or another third-party log-in, you grant permission the third-party to share your user details with us). This will include your user ID, first name, last name, and email address which we will then use to create a Barchart account.
- Device Information We collect data from the devices and applications you use to access our Services, such as operating system version, device type, system and performance information and browser type. We may also infer your geographic location based on your IP address or using your device’s native features.
- Billing Information. If you sign up for our services and/or to attend a paid event or webinar, we require you to provide billing details, such as a name, address, telephone number, email address and financial information corresponding to your applicable method of payment (e.g., payment card information).
- Event Registration Information. If you elect to attend an event hosted by Barchart (e.g., webinar, conference), we may collect personal data, such as your name, address, company, telephone number, email address, billing information and other information. You can choose not to provide us with certain information, but then you may not be able to register with us or take advantage of some features (e.g., receipt of emails regarding event details, electronic copies of event materials, etc.).
- Survey Data. We will occasionally post surveys on our sites. Participation in Barchart surveys is voluntary, and information collected from surveys will be used to improve Barchart user experience and our services.
- Other Data. We may collect your personal information or data if you submit it to us in other contexts (e.g., sales inquiries, customer support requests, feedback forms, etc.).
- Email Information. We record the time and date a user opts-in or opts-out of email lists as well as the source of the subscription (which form was used to sign up), your name, email address, and IP. We may track interaction within any email sent such as opens or click-throughs as well as the email client used (e.g., Gmail, Yahoo, Outlook, etc.) and/or device and OS.
How do I opt-out of commercial email communications from Barchart?
Commercial email communications from Barchart come with an unsubscribe link at the bottom of the email where you can opt-out of future such marketing communications. You can also email Barchart at email@example.com at any time and request to be removed from one or all of our email lists.
Can you opt-out of providing personally identifying information or receiving marketing messages?
You may opt-out altogether from providing personally identifying information to us by not registering with or not contacting Barchart and thereby not providing personal information, or by not visiting the Barchart sites. You can delete your Barchart account by emailing us at firstname.lastname@example.org. Such a request must include your user name. Commercial email communications from Barchart come with an unsubscribe link at the bottom of the email for you to opt-out of future such marketing communications.
How does Barchart protect its content and user information?
To prevent unauthorized access, maintain data accuracy, and ensure the appropriate use of information, we have put in place commercially reasonable physical, electronic, and managerial procedures to protect the information we collect online, including security for credit card submissions. Such commercially reasonable precautions, however, do not absolutely guarantee the absolute protection of your personally identifying information. You must understand that there will always be some risk that any personally identifying information that you provide to us may be released without our permission or knowledge.
What does Barchart do with the information it gathers and/or tracks?
Barchart uses information for the following general purposes: to fulfill your requests for products and services, to process and collect your payments, to fulfill orders and contractual obligations, to fulfill customer support requests, to customize the advertising and content you see, to improve our services, to contact you, to conduct research, and to provide trend reporting for internal and external clients.
Barchart may also display targeted advertisements based on personal information. Advertisers (including ad serving companies) may assume that people who interact with, view, or click targeted ads meet the targeting criteria—for example, people trading agricultural products from a particular geographic area.
We may send you certain communications relating to the applicable Barchart service(s), such as service announcements and administrative messages, that are considered part of your Barchart account.
With whom does Barchart share the information it gathers and/or tracks?
Barchart.com may share user information it gathers, in aggregate or statistical form, that does not identify individuals nor include personal information, with advertisers and other partners. Barchart utilizes email service providers for its commercial email communications which requires providing personal information, such as email address, to the email service providers for the purpose of using their service to send commercial emails. Barchart uses reputable email service providers that implement high standards of care, protection and security of personal information. We also may share information about you, including personally identifying information, if sought by legal process or requested by law enforcement, or in order to protect the rights and property of Barchart or the safety of our users or the public, or to protect against unauthorized use of our site.
How long does Barchart store the data it collects?
Barchart can store usage data for the life of the service starting from its release date. Personal data can be stored indefinitely or until a request has been made to delete the data.
Security Breach Notification
In the event of a security breach that exposes your personal information, Barchart shall notify you that there has been a breach of the system containing your Personal Information and related details. The notification will be done as quickly as possible and will be reported to any required authorities.
Your California Privacy Rights & Do Not Sell My Personal Information
The California Consumer Privacy Act (CCPA), also known as AB-375, provides California residents with the following rights (the following is copied from https://leginfo.legislature.ca.gov/): The right of Californians to know what personal information is being collected about them; The right of Californians to know whether their personal information is sold or disclosed and to whom; The right of Californians to say no to the sale of personal information; The right of Californians to access their personal information; The right of Californians to equal service and price, even if they exercise their privacy rights. In addition, a consumer shall have the right to request that a business delete any personal information about the consumer which the business has collected from the consumer.
To exercise your California rights and request any of the actions or information under the California Consumer Privacy Act (CCPA), you can contact Barchart through the following methods:
209 W. Jackson, Suite 200
Chicago, IL 60606
ATTN: California Privacy Rights
To contact Barchart or if you have any additional questions, please visit https://www.barchart.com/about/contact or use the information below.
Phone: (312) 566-9235
209 W. Jackson Blvd, Ste. #200
Chicago IL, 60606
Exchange Delays and Uniform Subscriber Agreement
Last Updated: March 19, 2021
From time to time Barchart may review and update this policy.
Below are the exchanges and indices covered by Barchart and their respective delay times:
U.S. Equities Exchanges:
American Stock Exchange (NYSE Arca): 15-minutes
Cboe BZX Exchange: Real-Time or Delayed 15-minutes
NASDAQ Stock Exchange: 15-minutes
FINRA OTC US: 15-minutes
New York Stock Exchange (NYSE): 15-minutes
S&P Indices: 15-minutes
Dow Indices: 15-minutes
Cboe Indices: 15-minutes
Nasdaq Indices: 15-minutes
Canadian Equities Exchanges:
Toronto Stock Exchange (TSX): 15-minutes
TSX Venture Exchange (TSX-V): 15-minutes
Canadian Securities Exchange (CNSX): 15-minutes
Aequitas NEO: 15-minutes
TSX Indices: 15-minutes
Europe and Australia Exchanges:
London Stock Exchange (LSE): 15-minutes
EuroNext Equities (Paris/Amsterdam/Brussels/Lisbon): 15-minutes
Cboe Europe (BXE/CXE): 15-minutes
EuroNext Indices: 15-minutes
Australian Securities Exchange (ASX): 20-minutes
Futures Exchanges & Forex:
CME Group (CME/CBOT/KCBT/NYMEX/COMEX): 10-minutes
ICE Futures (US/Europe/Canada): 10-minutes
Minneapolis Grain Exchange (MGEX): 10-minutes
Cboe Futures Exchange (CFE): 10-minutes
BM&F Exchange: 10-minutes
Montreal Exchange: 15-minutes
Hong Kong Futures Exchange (HKEX Information Services): 15-minutes
Forex Prices: 10-minutes
Futures, Forex and Crypto prices are quoted in Central Standard Time (CST), Equities prices are quoted in Eastern Standard Time (EST).
YOUR AFFIRMATIVE ACT OF USING BARCHART.COM SIGNIFIES THAT YOU AGREE TO THE FOLLOWING UNIFORM SUBSCRIBER AGREEMENT by and between yourself ("Subscriber"), Barchart.com, Inc. and each of the Exchanges designated below ("Exchanges").
Australia Stock Exchange (ASX), B3 (BM&F BOVESPA), Canadian Securities Exchange (CSE), Cboe BZX Exchange, Cboe Europe, Cboe Indices / Market Data Express, Cboe Futures Exchange, Chicago Board of Trade (CBOT), Chicago Mercantile Exchange (CME), COMEX, Eurex, Euronext, European Energy Exchange AG, Hong Kong Futures Exchange (HKEX Information Services), ICE Futures US, ICE Futures Europe, ICE Futures Canada, Kansas City Board of Trade (KCBT), LIFFE, London Metals Exchange (LME), London Stock Exchange (LSE), Minneapolis Grain Exchange (MGEX), Montreal Exchange (MX), NASDAQ, New York Mercantile Exchange (NYMEX), New York Stock Exchange (NYSE), NYSE LIFFE US, S&P Dow Jones Indices, The Small Exchange, Toronto Stock Exchange and TSX Venture Exchange (TSX Inc.)
"Device" means any unit of equipment, fixed or portable, that receives, accesses or displays Market Data in visible, audible or other comprehensible form.
"Force Majeure Event" means any flood, extraordinary weather conditions, earthquake or other act of God, fire, war, terrorism, insurrection, riot, labor dispute, accident, action of government, communications or power failures, or equipment or software malfunctions.
"Person" means any natural person, proprietorship, corporation, partnership, limited liability company or other organization.
"Market Data" means information and data pertaining to futures contracts and options contracts or similar derivative instruments traded on the Exchanges as well as associated index data, that includes, without limitation, opening and closing range prices, high-low prices, settlement prices, current bid and ask prices, last sale prices, price limits, requests for quotations, estimated and actual contract volume data, text messages pertaining to market activity, contract specifications, fast or late messages and, as determined by each of the Exchanges, may include information respecting exchange-for-physical (EFP) or against actuals (AA) transactions. With respect to Subscriber's obligations under this Agreement, Market Data includes information, data and materials that are derived from the foregoing and that convey information to Subscriber that is substantially equivalent to Market Data.
PROPRIETARY RIGHTS IN THE MARKET DATA.
Subscriber acknowledges and agrees that each of the Exchanges has exclusive and valuable property rights in and to its own Market Data, that such Market Data constitute valuable confidential information, trade secrets and/or proprietary rights of each of the Exchanges, not within the public domain, that such Market Data shall remain valuable confidential information, trade secrets and/or proprietary rights of each of the Exchanges at least until the Exchanges place their respective Market Data in the public domain or authorize placement of their respective Market Data in the public domain, and that, but for this Agreement, Subscriber would have no rights or access to such Market Data. Whether or not a particular Exchange has placed its Market Data in the public domain or has authorized the placement of its Market Data in the public domain shall be determined according to the terms of such Exchange's agreement with Vendor, which agreement is described in Section 3(a).
Subscriber acknowledges and agrees that disclosure of any Market Data, or any breach or threatened breach of any other covenants or agreements contained herein, would cause irreparable injury to each of the Exchanges for which money damages would be an inadequate remedy. Accordingly, Subscriber further acknowledges and agrees that each of the Exchanges shall be entitled to specific performance and injunctive and other equitable relief from the breach or threatened breach of any provision, requirement or covenant of this Agreement (including, without limitation, any disclosure or threatened disclosure of Market Data) in addition to and not in limitation of any other legal or equitable remedies which may be available.
RECEIPT OF MARKET DATA BY SUBSCRIBER.
Vendor and Subscriber have entered into an agreement by which Vendor will, among other things, provide Subscriber with Market Data. Vendor has entered into agreements with each of the Exchanges whereby Vendor has been granted the right to receive Market Data and to retransmit the same to Subscriber. This Agreement to the agreement between Vendor and Subscriber sets forth the terms and conditions upon which Subscriber may receive and use Market Data. Subscriber acknowledges that, notwithstanding such agreement, each of the Exchanges may, in its discretion, discontinue disseminating its own Market Data or change or eliminate its own transmission method, speed or signal characteristics. In addition, Subscriber acknowledges and agrees that the Exchanges reserve the right to disapprove any Subscriber and retain the right to direct Vendor to terminate any Subscriber's receipt of Market Data for any reason or no reason, in which event the Exchanges shall so notify Vendor and Vendor shall cease providing Market Data to Subscriber as soon as practicable.
(1) Except as provided in (2) below, Subscriber will use Market Data only for its own internal business activities and only at the offices and locations and on the Devices designated by Subscriber in writing to Vendor from time-to-time. (The term "for its own internal business activities", as used in the immediately preceding sentence herein, means for Subscriber's (a) trading, for its own account or for the account of its customers, of commodity futures contracts, options on commodity futures contracts or similar derivative instruments, or (b) evaluating, for its own internal business decisions or advice to its customers, the movements or trends in markets for commodity futures contracts, options on commodity future contracts, or like derivative instruments, subject to all of the limitations set forth below in this sub-paragraph as to the telephonic disclosure to customers of a necessary and de minimis number of segments of Market Data.) Subscriber agrees that it will not communicate or otherwise furnish, or permit to be communicated or otherwise furnished, the Market Data, in any format, to any other party or any office or location other than that designated above, nor allow any other party to take, directly or indirectly, any of the Market Data from such offices or locations, and will adopt and enforce any policy that is reasonable to prevent the Market Data from being taken therefrom. Subscriber specifically agrees, without limiting or varying its obligations under paragraph 7 herein or otherwise set forth in this Agreement, that Subscriber shall not use or permit another person to use any Market Data for the purposes of determining or arriving at any price, including any settlement prices, for commodity futures contracts, options on commodity futures contracts, or like derivatives instruments traded on any exchange other than the Exchanges. Subscriber will abide by any other limitations on such use that any of the Exchanges may specify. Subscriber will use its best efforts to ensure that its partners, officers, directors, employees and agents maintain sole control and physical possession of, and sole access to, Market Data received through Devices in Subscriber's possession. (2) Notwithstanding (1) above, Subscriber may, in the regular course of its business, occasionally furnish, to each of its customers, branch offices, and guaranteed introducing brokers, in a quantity restricted to that necessary to enable Subscriber to conduct its business, a de minimis number of segments of Market Data. Such redissemination must be strictly limited to telephonic communications not entailing the use of computerized voice synthesization or any other technology and must be strictly related to the trading activity of Subscriber or any such recipients. Any such recipients must be advised by Subscriber that such segments are proprietary and confidential information not to be disclosed or disseminated to other persons or entities. Subscriber agrees to make all reasonable efforts to ensure that such recipients abide by the provisions of this Agreement. Notwithstanding the foregoing, in the event that a Subscriber is a newspaper which reports on, among other things, exchanges on which commodity futures contracts or options on commodity futures are traded, such Subscriber shall be permitted to publish, in its newspaper published for the day following the receipt by such Subscriber of the Market Data, the Market Data received by Subscriber from Exchanges on the day prior to such publication.
In the event that Vendor has agreed to permit Subscriber to receive, access or display Market Data through means other than a Vendor-provided Device, such as by means of: (i) the Internet, any Intranet or any other type of network; (ii) portable Devices (e.g., pocket pagers, personal digital assistants, laptop computers, etc.); and (iii) synthesized voice responses over telephones, Subscriber will use its best efforts to ensure that no other device, attachment or apparatus is used which may allow third parties not subject to Subscriber's reporting obligations under Section 3(b) above to access the Market Data.
Subscriber agrees to furnish promptly to Vendor any information or reports that may be required by any of the Exchanges as applicable and that is reasonably related to Subscriber's receipt of Market Data. Subscriber further agrees to furnish promptly to Vendor any additional information or reports that may be required by the agreement between Vendor and Subscriber referred to in Section 3(a) as it relates to Subscriber's receipt of Market Data.
RIGHT OF INSPECTION AND AUDIT.
During regular business hours, any Persons designated by any Exchange may have access to Subscriber's offices or locations in order to observe the use made of the Market Data and to examine and inspect any Devices, attachments or apparatuses, as well as any books and records required to be maintained by Subscriber under Sections 3(b) and 4 in connection with its receipt and use of Market Data. Subscriber will make prompt adjustment (including interest thereon at the rate of 1.5% per month), through Vendor, to compensate any Exchange that discovers an under-reported use of the Market Data by Subscriber. In addition, at the election of any such Exchange, Subscriber will be liable for the reasonable costs of any audit that reveals a discrepancy in such Exchange's favor of five percent (5%) or more of the amount of fees actually due such Exchange. Subscriber shall maintain the records and books upon which it bases its reporting for Cboe, CBOT, CCX, CCFE, CME, GreenX, KCBOT, or ONECHICAGO Market Data for three (3) years following the period to which the records relate. Subscriber shall maintain the records and books upon which it bases the reporting for NYMEX, COMEX, ICE FUTURES US, ICE FUTURES EUROPE, or ICE FUTURES CANADA Market Data for six (6) years following the period to which the records and books relate. In the event that Subscriber fails to retain such records and books as required above, Subscriber agrees to pay each Exchange's reasonable estimate of any discrepancy discovered pursuant to any such audit.
Subscriber will pay Vendor (unless Vendor has assumed Subscriber's payment obligations hereunder), for and on behalf of each of the Exchanges (as applicable), for the right to receive Market Data in accordance with the then-current fee schedule published by each of the Exchanges from time-to- time (including any and all applicable federal, state or local taxes). Each Exchange's fees are subject to modification by each of them at any time, without prior notice to Subscriber. In addition, Subscriber agrees to pay Vendor any penalties assessed against Subscriber by Vendor on behalf of any Exchange. Nothing herein shall limit a Vendor's obligation pursuant to separate agreement between Vendor and any of the Exchanges (as applicable) to pay Exchange fees.
COVENANTS, REPRESENTATIONS AND WARRANTIES OF SUBSCRIBER.
Subscriber covenants, represents and warrants that it is not engaged in the business of distributing Market Data and that, to its knowledge after reasonable inquiry, it is receiving the Market Data from a Vendor that is authorized by the Exchanges to distribute the Market Data. Subscriber agrees that it will not use or permit any other Person to use Market Data for any illegal purpose. Subscriber agrees that it will not use Market Data in any way to compete with the Exchanges or Vendor, nor use the Market Data in any way so as to assist or allow a third party to compete with the Exchanges or Vendor. Subscriber agrees that the provision of Market Data by the Exchanges hereunder is conditioned upon Subscriber's strict compliance with the terms of this Agreement and that Vendor may, with or without notice and with or without cause, forthwith discontinue said service whenever in its judgment there has been any default or breach by Subscriber of the provisions hereof, or whenever directed to do so by any of the Exchanges.
DISCLAIMER OF WARRANTIES.
SUBSCRIBER AGREES THAT NEITHER VENDOR NOR THE EXCHANGES MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE MARKET DATA, OR THE TRANSMISSION, TIMELINESS, ACCURACY OR COMPLETENESS THEREOF, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR ANY WARRANTIES OF MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM ANY COURSE OF DEALING OR USAGE OF TRADE.
LIMITATIONS OF LIABILITY AND DAMAGES.
Subscriber agrees that: (i) the provision of Market Data is made with equipment, communications devices, and/or leased lines not owned or operated solely by Vendor or the Exchanges; (ii) neither Vendor nor the Exchanges, nor their respective members, directors, officers, employees or agents, guarantees the sequence, accuracy or completeness of the Market Data, nor shall any of them be liable to Subscriber or any other Person for any delays, inaccuracies, errors or omissions in Market Data, or in the transmission thereof, or for any other damages arising in connection with Subscriber's receipt or use of Market Data, whether or not resulting from negligence on their part, a Force Majeure Event or any other cause beyond their reasonable control; and (iii) if the foregoing disclaimer and limitation of liability should be deemed invalid or ineffective by a court of competent jurisdiction, neither Vendor nor the Exchanges, nor their respective members, directors, officers, employees or agents shall be liable for any of the foregoing beyond the actual amount of loss or damage, or the sum of fifty dollars ($50.00), whichever is less.
TERM AND TERMINATION.
Subject to Subscriber's strict compliance with the provisions of this Agreement, the provision of Market Data by any of the Exchanges hereunder will continue in force during the term of the agreement between Subscriber and Vendor and any renewal term thereof. In addition, it is understood that the provisions set forth in paragraphs 2(a) and 2(b) of this Agreement shall survive the termination of this Agreement.
Subscriber will indemnify, defend and hold Vendor and the Exchanges, and their respective members, directors, officers, employees and agents harmless from and against any and all claims arising out of or in connection with this Agreement, including, without limitation, any liability, loss or damages (including, without limitation, attorneys' fees and other expenses) caused by any inaccuracy in or omission from, Subscriber's failure to furnish or to keep, or Subscriber's delay in furnishing or keeping, any report or record required to be kept by Subscriber hereunder.
In case of any breach by Subscriber of its obligations hereunder, each of the Exchanges will be considered to be a third-party beneficiary of this Agreement and may bring an action to enforce its terms directly against Subscriber. Any action arising out of this Agreement between the CFE, CBOT, CCX, CCFE, CME, or ONECHICAGO and Subscriber shall be governed and construed in accordance with the internal laws (and not the law of conflicts) of the State of Illinois. Any action arising out of this Agreement between the KCBOT and Subscriber shall be governed and construed in accordance with the internal laws (and not the law of conflicts) of the State of Missouri. Any action arising out of this Agreement between NYMEX, COMEX, GreenX, ICE FUTURES US, ICE FUTURES EUROPE, or ICE FUTURES CANADA and Subscriber shall be governed and construed in accordance with the internal laws (and not the law of conflicts) of the State of New York. Any action arising out of this agreement between Subscriber and Vendor shall be governed and construed in accordance with the internal laws (and not the laws of conflict) of the State of Illinois and all such actions shall be litigated before a court located in Chicago, Illinois without regard to choice of law principles. Subscriber may not assign all or any part of this Agreement without the prior written consent of the Exchanges (as applicable). Neither Vendor nor Subscriber may modify or amend the terms of this Agreement. In the event of any conflict between the terms and conditions of this Agreement and any other agreement relating to Subscriber's receipt and use of Market Data, including, without limitation, the agreement between Vendor and Subscriber referred to in Section 3(a), the terms and conditions of this Agreement will prevail. If, for any reason, one or more provisions of this Agreement is held invalid, the other provisions of the Agreement shall remain in full force and effect.
The Cboe Global Markets, Inc. Privacy Notice and Policy can be reviewed at https://www.cboe.com/legal/privacy.
The Dow Jones Indexes℠ are proprietary to and are calculated, distributed and marketed by Dow Jones Indexes, a licensed trademark of CME Group Index Services LLC and have been licensed for use. “Dow Jones®” and “Dow Jones Indexes” are service marks of Dow Jones Trademark Holdings, LLC. “CME” is a trademark of Chicago Mercantile Exchange Inc. All content of the Dow Jones Indexes © CME Group Index Services LLC.
HKEX INFORMATION SERVICES LIMITED, ITS HOLDING COMPANIES AND/OR ANY SUBSIDIARIES OF SUCH HOLDING COMPANIES ENDEAVOUR TO ENSURE THE ACCURACY AND RELIABILITY OF THE INFORMATION PROVIDED BUT DO NOT GUARANTEE ITS ACCURACY OR RELIABILITY AND ACCEPT NO LIABILITY (WHETHER IN TORT OR CONTRACT OR OTHERWISE) FOR ANY LOSS OR DAMAGE ARISING FROM ANY INACCURACIES OR OMISSIONS.
ICE DATA LLP, OR ANY OF ITS AFFILIATES, MAKES NO WARRANTY, EXPRESS OR IMPLIED, EITHER AS TO THE RESULTS TO BE OBTAINED FROM THE USE OF ICE FUTURES DATA AND/OR THE FIGURE AT WHICH ICE FUTURES DATA STANDS AT ANY PARTICULAR TIME ON ANY PARTICULAR DAY OR OTHERWISE. THE USE OF THE DATA IS PROVIDED ON AN ‘AS IS’ BASIS AND ICE DATA LLP, AND ITS AFFILIATES, DISCLAIM ALL LIABILITY FOR ANY LOSS OR DAMAGE WHATSOEVER INCURRED BY THE USE OF THE DATA HEREIN.