Terms and Conditions of Service

Introduction

Welcome, these are the Terms and Conditions of Service (the “Terms”) for the website located at www.finchart.net (the “Site”), including its sub-domains and its mobile optimized versions.  These Terms shall be supplemented by our Privacy Policy (the “Policy”) and our other guidelines, terms and policies made available by us from time to time, all incorporated herein by reference.

The Site is proudly operated to you by the Financial Chart team hereinafter referred to as “FinChart”.  FinChart will secure the services of its affiliates, subsidiaries, partners and other authorized third parties in order to operate the Site and provide any services hereby.  The terms ‘us’, ‘its’, ‘ours’ and/or ‘we’, as used herein, refer to FinChart and/or its affiliates, assignees, successors and/or brands.  As used herein, the terms ‘you’, ‘your’, and/or ‘yourself’ refer to you, a user/visitor/browser of our Site, whether registered under an account or not.  

Acceptance

If you continue to browse and use this Site, you are hereby acknowledging that you have read, understood and agreed to be bound by and under these Terms, usually through a clickable action, such as the “I agree” button or otherwise, and which together with our Policy, shall govern FinChart’s relationship with you in relation to the Site and any services offered thereby (collectively, the “Service(s)”).  These Terms constitute the entire agreement between you and us.  If you do not agree to these Terms, please, exit the Site and stop use of our Services. 

Overall, your access to the Site is only offered for your individual, non-commercial use, and not for the use or benefit of any third party you may represent.  These Terms include a jury trial and class action waiver, and require binding arbitration on an individual basis in order to solve possible disputes.  These Terms also limit the remedies that may be available to you in the event of a dispute with us.

Updates

FinChart reserves the right to modify, amend, suspend, terminate, upgrade, update or otherwise modify the Services and the Site, at any time and without notice.  Any changes to these Terms will be displayed in the Site, and we may notify you through the Site or by email.  Please refer to the last effective date where changes were last undertaken by us.  Your use of our Services after the effective date of any update– either by an account registration or simple use – thereby indicates your acceptance thereof.

Services

FinChart provides a variety of financial, market, economy and money data and information.  Any and all data and information are supplied by independent providers as identified on the Site.  The information provided is intended for reference and informative purposes only, it is not intended for trading or investing purposes and does not constitute financial advice on behalf of FinChart.  For more information, please read our Disclaimer and Warranty Sections.  You hereby acknowledge, understand and agree that the Services are provided "as-is" and that FinChart assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.  You are responsible for obtaining access to the Services, and that access may involve third-party fees (such as Internet service provider or airtime charges). 

In order to use part or all of the functionalities and Services provided via the Site, you may need to register for an account.  You are solely responsible for the activity that occurs on your account and for keeping your password secure and confidential.  You shall not disclose your user credentials to any third party.  If you suspect any unauthorized or fraudulent use of your account, please notify us immediately.  Your account can not be used to act as an intermediary or broker for any person or entity.

If you intend to create or join any service, receive or request any news, messages, alerts or other information from the Services concerning companies, stock quotes, investments or securities, please read our Disclaimer and Warranty Sections.   For this type of information particularly, the phrase "Let the investor beware" is apt.  Accordingly, neither FinChart nor its agents, representatives or licensors shall be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Services, and shall not be responsible or liable for any trading or investment decisions based on such information.

User Compliance.  Users undertaking conducts that may constitute a factual –or even alleged– breach of these Terms, including but not limiting, using automated mechanisms to make fraudulent communications, may become subject to immediate account suspension / termination, at our sole and final discretion, without notice and without responsibility.  

Representations and Warranties

You hereby represent and warrant that, through the simple access to the Site, and any use of our Services: (i) you will comply with all applicable laws, rules and regulations applicable to the use of the Service; and (ii) you will not use the Service to infringe any intellectual property rights of any third party.  If you knowingly misrepresent that online material is not infringing, you may be subject to criminal prosecution for perjury and civil penalties, including monetary damages, court costs, and attorney's fees.

Upon the case where we receive any kind of notice from a third party regarding content accessed via our Services and that constitute a breach our Terms or a due and founded breach to the terms and policies of such terms parties, we reserve the right, at any time, and at our sole and final discretion, to take down such content from our platform and systems, and we will have no liability to whatsoever.

Term, Termination

The term hereof shall begin on the date that comes first among: (i) your first access or execution of our Services; or (ii) FinChart begins providing its Services to you; (iii) first access to your account.

We may terminate these Terms if you materially breach any provision herein and fail to cure such breach within five (5) days of written notice of such breach.  Either party may terminate these Terms for convenience upon thirty (30) days’ written notice to the other party.

FinChart will have no obligation or liability to you resulting from termination or expiration of these Terms.   Upon termination or expiration for any cause: (a) you must immediately stop using FinChart’s content, documents, marks and logos in connection with your activities; (b) must destroy and/or delete any and all Confidential Information of FinChart in your possession and certify its destruction.

Any provisions of these Terms that, in order to fulfill the purposes of such provisions, need to survive the termination or expiration of these Terms, shall be deemed to survive for as long as necessary to fulfill such purposes.

User Code of Conduct

As our user, you agree to not undertake, motivate, or facilitate the use or access of the Site or our Services in order to:
a.    Infringe these Terms, or allow, encourage or facilitate others to do so.
b.    Plagiarize and/or infringe the intellectual property rights or privacy rights of any third party, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right.
c.    Distribute, post or otherwise make available any content that: (i) infringes or endangers the intellectual property rights of any person (e.g. trademark, moral rights, trade secret, copyright, ancillary rights or other); (ii) enables any act that could promote or cause discrimination, racism, harm, libel, hatred or violence against any individual or group; (iii) endangers children and underage persons; (iv) is or allows illegal or fraudulent activities to take place; (v) is or may constitute a criminal or capital offense or otherwise infringes any applicable law; and/or (vi) is or can be considered to be obscene, threatening/defamatory, plagiarized, firearms, tobacco, alcohol, marijuana, gambling, binary options, Forex, pornographic or analogous material.
d.    Collect, receive, transfer or disseminate any personally identifiable information of any person without due consent from the title holder.
e.    Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ.
f.    Upload infringing, false, duplicated, altered or otherwise misleading purchase information, including fraudulent identification papers, a non-personal mobile phone number
g.    Undertake any process or acts pursuant to create fake reputation points for your account, or obscuring your country of origin or location via virtual private networks or other means. 
h.    Use any automated or manual process to obtain, copy, process, access and/or use our Services or any part therefrom to capture unauthorized data or content, for any purpose.
i.    Enable, undertake, program or execute any type of system, computer program or technique in order to data-mine, retrieve, scrape, index or otherwise extract unauthorized information from the Site or any portion or data feeds therefrom.  For purposes of clarification, such actions will include the use of persons, site search/retrieval applications, software ‘robots’ and ‘spiders’ and any analogous data gathering and extraction tools, regardless of the type and amount of information intended for extraction.
j.    Use the Site to disseminate any type of computer viruses, worms, defects, Trojan horses or other items of a destructive nature.
k.    Undertake any activities that are or are purported by us to be, a 'pyramid' scheme, ponzi or similar scheme.
l.    Undertake any action that will or may cause an unreasonable load on FinChart’s and/or its partners’ and affiliates’ technology or infrastructure, or otherwise make excessive traffic demands from the Site.
m.    Intercept or monitor activity via our Services without our express authorization.
n.    Otherwise reverse engineer, decompile or extract the proprietary code of the Site.

You also acknowledge and accept that any violation of the aforementioned provisions may result in the immediate suspension, cancellation or deletion for your account, and even termination of your access to the Site and our Services, without refund or reimbursement on our part.
 

FinChart may suspend any users whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice.  If FinChart believes, in its sole discretion, that a violation of these Terms has occurred, it may edit or modify any submission, posting or e-mails, remove the material permanently, cancel postings, warn users, suspend users and passwords, terminate accounts or take other corrective action it deems appropriate.  FinChart will fully co-operate with any law enforcement authorities or court order requesting or directing FinChart to disclose the identity of anyone posting any e-mails, or publishing or otherwise making available any materials that are believed to violate these Terms.

Parental Notice

Users under the age of eighteen (18) may use the Site with the consent of their legal guardians, but are otherwise prohibited from providing FinChart with personally identifiable information of persons under the age of thirteen (13).

Licenses

User General License.  Subject to the terms hereof, FinChart grants you a limited, revocable, non-transferable, non-exclusive license to use those portions of the Service, to which you are granted access but only for your own personal, noncommercial use and not for any use on behalf of any third party.  For absence of doubt, you may not use the Service to service, or otherwise perform work on behalf of, any brokerage, financial services or related person(s) or their clients.

 
Any and all use  pages, charts, tables or reports from the Services or portions thereof shall be limited for your own personal, noncommercial use and not on behalf of any third party. Any such use precludes any right for complete reproduction, and you may only quote brief excerpts, which must contain the following notice: "Copyright (c) 2017 FinChart. All rights reserved." and a link to the source webpage of FinChart.

There may be certain limits or additional conditions imposed on you in order for you to access certain portions of the Services and/or to download and/or print pages or reports (e.g. the number of downloads may be limited or you may be required to pay additional fees for downloads beyond a certain number or you may be required to provide additional information).  

Accordingly, except as indicated by us, you may not modify, copy, distribute, disclose, retransmit, sell, publish, broadcast, or circulate the Services, or any portion of it (including, but not limited to, any download or copies made from it).  FinChart has the right, at any time and without prior notice, to: (i) revoke or limit your license to use the Services (or any portion of it); and (ii) change or discontinue the Services (or any portion thereof).
 

User Generated Content License.  You hereby grant FinChart an unlimited, non-exclusive, royalty-free, for all the world, right and license to download, use, reproduce, distribute, analyze and exploit any and all content, texts, data and any components therefrom that you or your affiliates, agents, employees or representatives introduce, upload or otherwise deliver to the Site or via our Services.  You represent and warrant to FinChart that you have all rights, authorizations or otherwise hold sufficient title for all content submitted to FinChart as set forth herein.

Feedback License.  You hereby grant to FinChart and its affiliates, an unlimited, non-exclusive, assignable, transferable, sub-licensable, irrevocable, royalty free, perpetual and for all the countries and territories in the world, right and license to use any feedback, suggestion, enhancement, request, recommendation, correction or comment provided by you to FinChart regarding the Site, and to exploit and incorporate it into its Services.

Third party links and advertising

From time to time, our Site and Services may contain hyperlinks to other websites.  These links are for your personal convenience and to provide you with further information which may be of interest to you.  The provision of such links does not imply any endorsement of such third party websites (or their products and services).  FinChart may remove or modify any content without notice of liability at any time, in its sole and final discretion. Any use of the links, content, messages advertisements or any other data on the Site will be at your risk, not ours.

From time to time, we may place ads and promotions from third party sources in the Site.  Accordingly, your participation or undertakings in promotions of third parties other than FinChart, and any terms, conditions, warranties or representations associated with such undertakings, are solely between you and such third party.  FinChart is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third party advertisers on the Site.

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User Privacy

By disclosing any information to us, you agree to the terms of our Policy, including the terms for the collection, process, storage and disclosure of such personally identifiable information, including to our affiliates, partners and clients.  We will ask for your express consent, including for inclusion into our newsletters, updates, and follow ups.  For more information, please read our Policy.

No Warranty

To the fullest extent permissible under applicable law, the Site and appertaining Services are provided to you “as is”, with “all faults” and “as available”, with all faults, without warranty of any kind, without performance assurances or guarantees of any kind, and your use is at your sole risk.  No oral or written advice provided by FinChart, its affiliates, clients, agents, officers, licensors, distributors and/or any authorized representative, shall create any implied warranty. The entire risk of satisfactory quality and performance resides with you.  FinChart, and its affiliates, clients, agents, officers, licensors and/or distributors, do not make, and hereby disclaim, any and all express, implied or statutory warranties, either by statute, common law, custom, usage of trade, course of dealing or otherwise, however arising, including implied warranties of description, quality, fitness for a particular purpose, operation, integration, adequacy, suitability, title, non-infringement, non-interference with use and/or enjoyment.  

FinChart, and its affiliates, clients, agents, officers, licensors and/or distributors, do not warrant against interference with your use of the Site or the Services will meet your specific commercial requirements; that any product recommendation, service, recommendation or suggestion from FinChart will be available or particularly useful or produce any results, that the operation of the Site or the Services will be uninterrupted or error-free, that they will interoperate or be compatible with any other software or device used by you, that any errors will be corrected or that they will not be discontinued without previous notice.  The Site and the Services have not been completely tested in all situations or devices, and they may contain operational malfunctions, errors and other harmful and destructive components or defects.

Disclaimer of Damages

In no event shall FinChart, its affiliates, clients, agents, officers, licensors, distributors and/or any authorized third party, be held liable for any special, indirect, incidental or consequential damages, including losses, costs or expenses of any kind resulting from possession, access, use or malfunction of the Site or he Services, including but not limited to, loss of revenue, profits, business, loss of use or lack of availability of computer resources, lost or corrupt data, re-procurement amount, anticipated savings, wasted expenditure, or other commercial or economic loss; or for any indirect, incidental, special, punitive, aggravated, exemplary, or consequential damages whatsoever arising out of or related to the Site or the Services, whether arising in tort (including negligence), contract, strict liability or other legal or equitable theory and whether or not FinChart, its affiliates, clients, licensors and/or distributors have been advised of the possibility of such damages.  For purposes of this limitation of liability, FinChart’ affiliates, licensors and distributors are third party beneficiaries to the limitations of liability specified herein and they may enforce these Terms against you.

Neither FinChart nor its affiliates, licensors, owners, subsidiaries, brands or advertisers are a professional advisor in any industry.  The functionalities and results displayed within the Site and via our Services may or will vary, without prior notice or without any notice at all; and will depend on a variety of factors out of the control of FinChart.  Your use of any information and/or materials on this Site is entirely at your own risk, for which we shall not be held liable.

Limitation of Liability

In no event, shall FinChart’, or its affiliates’, clients’, licensors’ and/or distributors’ liability for all damages (except as required by applicable law) exceed; (i) the actual price paid by you for the license and/or use of the Site or our Services in the twelve (12) months preceding the claim; or (ii) the amount of USD$100.00 (One Hundred United States Dollars); whichever results less; and henceforth any award for direct, provable damages shall not exceed such total amount.
These Terms provide you specific legal rights, and you may have other rights that may vary from jurisdiction to jurisdiction.  Legislation of some states/countries does not allow certain limitations of liability, and henceforth this limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.  This limitation of liability shall not be applicable solely to the extent that any specific provision of this limitation of liability is prohibited by any federal, state, or municipal law, which cannot be pre-empted. 

Indemnification

Indemnification by You.  You shall indemnify, hold harmless, and defend FinChart, its affiliates, clients, agents, officers, licensors, distributors and/or any authorized representatives, and the officers, directors and employees of each (jointly, the “FinChart’ Indemnitees”) from and against any and all third party liabilities, claims, causes of action, suits, losses, damages, fines, judgments, settlements and expenses (including any and all reasonable outside attorneys’ fees and court costs) which may be suffered, made or incurred by any of such FinChart’ Indemnitees arising out of or relating to: (i) any breach of any warranties, representations and/or covenants made by you hereunder (to the extent not arising substantially from any breach hereof by FinChart); and/or (ii) any third party claim arising out of or in relation to the Site and/or the Services or use thereof in combination with your business platform, including without limitation, any claim that the Site or the Services violate, infringe, or misappropriate any proprietary or intellectual property right of any third party, including without limitation, any privacy right of any person, or violates any applicable law.

Confidential Information

For purposes of these Terms, “Confidential Information” shall be defined as the verbal and/or written disclosures, documents or communications, stored in either written, graphic, digital, optical electromagnetic form or in software as a service systems, commonly known as “the cloud”, e-mails, optical disks, memory cards or removable drives or any other means that can retain information; disclosed by FinChart to you. 

The parties hereby agree that all Confidential Information disclosed under these Terms, unless written consent is otherwise granted by the other party, shall be maintained in strict confidence and shall be used solely in connection with performing its obligations as required by this Agreement.

You shall not disclose, disseminate or otherwise publish or communicate Confidential Information to any person, firm, corporation or other third party without the prior written consent of FinChart.  You shall notify FinChart in writing promptly upon discovery of any unauthorized use or disclosure of Confidential Information.  If you are legally compelled to disclose any of the Confidential Information, then, prior to such disclosure, you will: (i) promptly notify FinChart prior to such disclosure to allow FinChart an opportunity to contest the disclosure, (ii) assert the privileged and confidential nature of the Confidential Information, and (iii) cooperate fully with FinChart in protecting against any such disclosure and/or obtaining a protective order narrowing the scope of such disclosure and/or use of the Confidential Information.  In the event such protection is not obtained, you shall disclose the Confidential Information only to the extent necessary to comply with the applicable legal requirements.

Confidential Information shall not include any data or information that: (a) is previously rightfully known to you without restriction on disclosure; (b) is or becomes, from no act or failure to act on FinChart’s part, generally known in the relevant industry or public domain; (c) is disclosed to you by a third party as a matter of right and without restriction on disclosure; or (d) is independently developed by you without access to the Confidential Information. 

You shall use your best efforts to preserve and protect the confidentiality of the Confidential Information at all times, both during the term hereof and for a period of at least three (3) years after termination of these Terms, provided, however, that any source code you receive shall be held in confidence in perpetuity.  

Generals

Permitted jurisdiction. Some of the Services provided by FinChart or might not be legally allowed in certain jurisdictions, thus, by accepting these Terms and though simple use of the Site, you confirm that you are not a resident of any such jurisdiction.

Assignment. These terms will inure to the benefit of any successors of the parties.

Equitable remedies:  You hereby acknowledge and agree that if these Terms are not specifically enforced, FinChart will be irreparably damaged, and therefore you agree that FinChart shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to your breach of any of these Terms, in addition to any other available remedies.

Force Majeure. FinChart shall not liable for any failure of performance on its obligations as set forth herein, where such failure arises from any cause beyond FinChart's reasonable control, including but not limiting to, electronic, power, mechanic or Internet failure.

No Waiver. Failure by FinChart to enforce any rights hereunder shall not be construed as a waiver of any rights with respect to the subject matter hereof. 

No Relationship. You and FinChart are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms.

Protection of minors.  FinChart hereby informs you about the commercial availability of parental control mechanisms which may assist you in limiting access to minors of material that is or may be considered harmful.  FinChart does not knowingly collect any kind of information from any person under the age of thirteen (13).

Severability. If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties' intention.  All remaining provisions of these Terms will remain in full force and effect.

Waiver of Class Actions, Non-Individualized Relief. You acknowledge and accept that claims brought against FinChart shall be only on an individual basis and not as a plaintiff or class member in any possible future class or representative action or similar proceeding.  Unless otherwise agreed by you and FinChart, you may not adjoin or consolidate any claim with more than one person's; and you may not otherwise supervise or take over any form of a class, representative or consolidated proceeding.

Dispute Resolution, Applicable law

Your use of this Site and any cause of action, claim and/or dispute that might arise between the parties hereon, shall be subject to the laws applicable to the main business headquarters of FinChart, without regard to conflict of law principles.

In the event of any dispute or difference between the parties in relation to or arising from these Terms, including but not limited to the formation, performance, interpretation, nullification, termination or invalidation thereof, the headquartermatter shall be referred to arbitration procedure.

Any arbitration shall take place as per the American Arbitration Association (AAA) rules.  The arbitration shall be conducted in English in the main business headquarters of FinChart in accordance with the provisions set forth in the Rules of the AAA.  The arbitral tribunal shall comprise of three (3) arbitrators, one appointed by each of the parties and a third one, who shall preside the arbitral tribunal, shall be elected by the parties’ appointed arbitrators.  The arbitrators must be qualified and have a background in the area of virtual computer networks.

The arbitration must be concluded, and an award issued, no later than one hundred and twenty (120 days) following the filing of the demand for arbitration, unless all parties to the arbitration proceeding agree in writing to an extension.  The language of the award of the arbitral tribunal shall be written in English, and shall be final and binding on the parties.

If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorney’s fees, court costs, and disbursements in doing so.  You agree that the unsuccessful party in any dispute arising from or relating to these Terms will be responsible for the reimbursement of the successful party’s reasonable attorney’s fees, court costs, and disbursements.

Applicable Law. Your use of this Site, our Services and any cause of action, claim and/or dispute that might arise between the parties hereon, shall be subject to the laws applicable in the main business headquarters of FinChart, without regard to conflict of law principles.

Contact

If you have any questions or queries about us, our Site, our Services or these Terms, please contact us as indicated in www.finchart.net/contact and by email to info@finchart.net.

Date of last effective update is June 25, 2017.