Last Updated March 19. 2021
From time to time Barchart.com may review and update this policy.
CHANGES TO BARCHART.COM
We may discontinue or change any service or feature on Barchart.com at any time and without notice.
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. Any Content on websites (a "Site" or "Sites") that are hosted by Barchart.com and/or its affiliates, is owned by or licensed to Barchart.com. User acknowledges the Content is protected under United States copyright laws. Such Content includes data and prices wholly owned by Barchart.com and/or managed by Barchart.com on behalf of a Site or Sites. You may not capture, record, publish, display, create derivative works of, republish the Content owned or hosted by Barchart.com in whole or in part without consent from Barchart.com or its clients.
In no event shall any user publish, retransmit, redistribute or otherwise reproduce any Barchart.com Content in any format to anyone, and no user shall use any Barchart.com Content 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.com. 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.
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.
If you register as a user (a "Member") of any of the features of Barchart.com, including the Barchart.com family of newsletters, Barchart.com will automatically opt you into to our email lists. The Barchart.com email lists are an important revenue source for Barchart.com which help pay for the upkeep and continued development of Barchart.com. As a Member, Barchart.com will look to send you relevant content, some of which are advertisements for third party products and services, including special offers, webinars, educational booklets, and promotions tailored to your perceived interests. From time to time, we may ask Members to review and agree to our Terms and Conditions. Upon your acceptance, you agree to let Barchart add you back to our commercial email lists.
You can edit your Account Information, including your newsletter preferences, at any time. Commercial email communications from Barchart.com comes with an unsubscribe link at the bottom for you to opt-out of future such marketing communications. You can also email Barchart.com at any time and request to be removed, temporarily or permanently from one or all of our email lists.
Barchart.com does not share your email address with any third party advertisers.
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, 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 the Services and Website are not and cannot be guaranteed by Barchart.com. Neither Barchart.com 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 Content on Barchart.com. The Barchart.com Content is provided to the users "as is." Neither Barchart.com 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.com Content or for any damages (whether direct or indirect, consequential, punitive or exemplary).
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. Neither the information, nor any opinion expressed, constitutes a solicitation of the purchase or sale of any securities, futures, or options.
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.
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.
Certain services, such as watchlist, screeners, or portfolios, are available only to registered users of the Barchart.com website and require you to sign in with a user name and password to use them. If you register as a user (a “Member”) 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 website, 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).
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.
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.
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. Members can automatically either deactivate or delete their Barchart account through the Member Profile page.
BARCHART PREMIER & AD-FREE BILLING, CANCELLATION & REFUND POLICY
Unless otherwise stated, all subscriptions are automatically renewing.
To cancel your Barchart Premier or Barchart Ad-Free subscription, please login to www.barchart.com and visit the "Subscription Details" page or send our Support Desk a request to cancel through our Contact Form. Upon receipt and processing of the cancellation request, Barchart will email you a cancellation confirmation. Please retain a copy of the cancellation email for your records.
Annual and bi-annual subscriptions are eligible for a full refund within the first 30-days of your payment. Monthly subscriptions are eligible for a refund within 24-hours of your payment. After the aforementioned refund periods, all sales are final. Follow the steps above to cancel your subscription, upon receipt and processing of the request, Barchart will acknowledge the cancellation via email. If the refund request was sent within the time period allowed, the refund will be approved and processed within 7 business days.
Barchart does not offer partial cancellations. Upon cancellation your service will remain active through the end of your paid term.
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 March 19, 2021
From time to time Barchart.com may review and update this policy.
What information does Barchart.com collect?
By registering with Barchart.com or signing up to receive a newsletter from Barchart.com, we will automatically opt your email address into our email lists, where we will look to send you relevant content, some of which are advertisements for third party products and services, including special offers, webinars, educational booklets, and promotions tailored to your perceived interests. You can opt-out at anytime (opt-out details are below). Barchart.com 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 automatically track and collect data from the devices and applications you use to access our Services, such as IP addresses, domain servers, length of visit and the pages you viewed, 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. We also automatically log your activity when you use our Services. These logs may identify features you use, actions you take, and information you access. This data is anonymous and does not personally identify you, but is helpful for marketing purposes or for improving our Services. For more information please visit this page.
- 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.com?
Commercial email communications from Barchart.com 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.com at firstname.lastname@example.org at any time and request to be removed from one or all of our email lists, or visit our Newsletters page at www.barchart.com/my/barchart-newsletters.
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 Barchart.com and thereby not providing personal information, or by not visiting the Barchart.com sites. You can delete your Barchart.com account by emailing us at email@example.com. Such a request must include your user name. Members can automatically deactivate or delete their Barchart.com account through the Member Profile page. If you choose not to register or provide mandatory information in the registration form, Barchart.com will not be fully accessible to you. You can edit your account information, including your newsletter preferences, at any time. Commercial email communications from Barchart.com come with an unsubscribe link at the bottom of the email for you to opt-out of future such marketing communications.
Manage your Newsletters and third-party emails: www.barchart.com/my/barchart-newsletters
Manage your end-of-day Reports emails: www.barchart.com/my/eod-reports
Manage your end-of-day Portfolio emails: www.barchart.com/my/eod-portfolio-emails
Manage your end-of-day Watchlist emails: www.barchart.com/my/eod-watchlist-emails
Manage your end-of-day My Charts emails: www.barchart.com/my/eod-my-charts-emails
Deactivate or Delete your Barchart account: www.barchart.com/my/profile
I am a California resident, how do I delete any personal information stored on me or request more information?
Please see the section below: Your California Privacy Rights & Do Not Sell My Personal Information
How does Barchart.com 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.com do with the information it gathers and/or tracks?
Barchart.com 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.com 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 Barchart.com service, such as service announcements, administrative messages and the Barchart.com Newsletter, that are considered part of your Barchart.com account.
With whom does Barchart.com 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.com 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.
What information do third-party advertisers gather and collect?
Third-party companies which place advertising on Barchart.com may collect information about you when you view or click on their advertising through the use of their cookies or other tracking technologies, which may include delivering targeted advertisements and marketing messages based upon the third party websites that you visit, or through other purposes. We cannot control this collection of information and are not responsible for the privacy policies and data collection, use and disclosure practices of these third party advertisers. You should contact these third party advertisers directly if you have any questions about their use of the information that they collect from you. Google/DoubleClick DFP is our third party ad server. If you would like to know more about their information gathering practices and opt-out procedures, please see http://www.google.com/policies/technologies/ads/. Also, if you would like more information about this practice and to know your choices about not having this information used by these companies, please see: http://www.networkadvertising.org/consumer/opt_out.asp.
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 methods below.
209 W. Jackson Blvd, Suite 200
Chicago, IL 60606
ATTN: California Privacy Rights
For display advertising on Barchart.com to exercise your California rights and request any of the actions or information under the California Consumer Privacy Act (CCPA), you can do so at https://www.barchart.com/privacy-tool
To contact Barchart or if you have any additional questions, please visit https://www.barchart.com/contact.
209 W. Jackson Blvd, Suite 200
Chicago IL, 60606
EXCHANGE DELAYS and UNIFORM SUBSCRIBER AGREEMENT
Last Updated March 19, 2021
From time to time Barchart.com 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
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.
2. 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.
3. 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.
5. 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.
6. EXCHANGE FEES.
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.
7. 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.
8. 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.
9. 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.
10. 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.
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