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Terms of Use

PLEASE READ THE FOLLOWING TERMS OF USE (“TERMS OF USE”) BEFORE ACCESSING OR USING YCHARTS.COM AND/OR ANY RELATED SERVICES, FEATURES, PRODUCTS, EXTENSIONS, OR OFFERS OF YCHARTS.COM (COLLECTIVELY, THE “SITE”). THESE TERMS OF USE CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND YCHARTS, INC. (“YCHARTS”, “WE” OR “US”), WHETHER OR NOT YOU REGISTER AS A SUBSCRIBER OF THE SITE, AND SET FORTH THE TERMS AND CONDITIONS THAT GOVERN YOUR ACCESS TO AND USE OF THE SITE. BY CONTINUING TO ACCESS, LINK TO, OR USE THIS SITE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE LEGALLY BOUND BY THE TERMS OF USE AND YOU REPRESENT THAT YOU HAVE THE LEGAL CAPACITY TO BE BOUND BY THE TERMS OF USE. IF, AT ANY TIME, YOU DO NOT WISH TO ACCEPT THE TERMS OF USE, YOU MAY NOT ACCESS, LINK TO, OR USE THE SITE. THE TERMS “YOU”, “YOUR” AND “USER” REFER TO ANYONE WHO ACCESSES THE SITE.

ARBITRATION NOTICE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE A LITTLE LATER ON. YOU AND YCHARTS AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND YCHARTS WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE ANY PART OF THIS SITE.

1. MODIFICATIONS

Subject to applicable laws and regulations, YCharts reserves the right to amend, remove, or add to the Terms of Use without notice and at the sole discretion of YCharts. Such modifications shall be effective immediately. Accordingly, please continue to review the Terms of Use whenever accessing, linking to, or using this Site. Your access, link to, or use of this Site after any modifications to the Terms of Use will constitute your acceptance of the Terms of Use, as modified. Any terms proposed by you which are in addition to or which conflict with the Terms of Use are expressly rejected by YCharts and shall be of no force or effect. If at any time you do not agree with the Terms of Use, you shall stop accessing, linking to, or using this Site.

2. OVERVIEW

For purposes of these Terms of Use, the term “Subscriber” means a person who provides information to YCharts to use the Site in any manner, whether such person uses the Site as a free trial member or a paying subscriber. These Terms of Use incorporate by reference (i) our Privacy Policy, and (ii) additional terms, if any, disclosed and agreed to by you if you become a Subscriber.

3. YOUR ACCOUNT

3.1. Registration. You may register and create an account for a free trial at no cost. As a free trial member, you may use some, but not all, of the features, services and Content (as defined below) available through the Site. To access or use additional features, services and Content, you must become a paying Subscriber to the Site. The subscription terms that are disclosed to you when you subscribe to the Site are a part of these Terms of Use. You acknowledge and agree that if you are a free trial member some features or services of the Site may be limited.

3.2. Account Information. You are responsible for maintaining the confidentiality of the login credentials you designate during the account registration process, and you are solely responsible for all activities that occur on the Site through your login credentials (whether or not authorized by you). You may not reveal, disclose, transfer or share your account and/or login credentials with anyone. Sharing your account and/or login credentials is considered a breach of these Terms of Use. We may hold you liable for any losses incurred by YCharts or any other party due to someone else’s use of your account and/or login credentials. You agree to notify YCharts immediately upon your becoming aware of any unauthorized use of your login credentials or any other breach of security involving your account. You further agree to keep any registration information you provide YCharts current, complete and accurate. You agree that we may deny access, use, and/or registration privileges to any account at any time and in our sole discretion, including if we have reason to believe an account was created with false information or otherwise used for fraudulent purposes. If you make changes to your settings or user permissions within the Site, it may take some time for our system to process the change and you acknowledge that those changes may not take effect immediately.

3.3. Personal Information. As further detailed in our Privacy Policy, in order to register, create and use an account, YCharts may require that you submit certain Personal Information (as defined in the Privacy Policy), including but not limited to your name, e-mail address, date of birth, and home address. You agree that the Personal Information you provide to us upon registration and at all other times will be true, accurate, current and complete, and you agree to maintain and update this Personal Information with us as necessary.

4. CONDITIONS OF USE

4.1. Permitted Use. You may access and use this Site and the content, including, without limitation, internet web page reports, pdf reports, spreadsheets, graphs, charts, documents, materials, text, opinions, graphics, images, video, audio, stories, tools, calculators, data, databases, analytics, ratings, functionality, products, information and any other items displayed on, contained on and/or otherwise derived from the Site (collectively, the “Content”), for your personal use or internal business purposes only. Subject to all applicable laws, you expressly agree that you will only use the Content for its limited purpose and will not copy, distribute, republish, modify, create derivative works of, or otherwise use the Content in any unauthorized way, without the prior written consent of YCharts in each instance, except that you may print out and/or save one copy of the Content.

4.2. Subscriber Information.

4.2.1. You may submit, post, display, or otherwise make available information on the Site (“Subscriber Information”). Except for the license set forth in these Terms of Use, you retain all ownership rights over your Subscriber Information. Unless you choose to share such Subscriber Information, your Subscriber Information will remain private. YCharts will not review, share, or otherwise make use of private Subscriber Information except as specifically provided in our Privacy Policy or these Terms of Use. If in the course of providing technical support or other maintenance of the Site it becomes necessary for YCharts to view your private Subscriber Information, such viewing will be restricted to the very specific technical purpose.

4.2.2. You may choose to share your Subscriber Information on the Site by posting it in public areas of the Site. By so posting your Subscriber Information in public areas of the Site, you hereby grant to us and other Subscribers a worldwide, sublicensable, assignable, royalty-free, fully paid, perpetual, irrevocable right and license to use, reproduce, modify, translate, distribute, create derivative works of, perform, display, import, and otherwise exploit, without the requirement to make any payment to you or the need to seek any third party permission, such Subscriber Information in any form, media, or technology, whether now known or hereafter devised or developed, and to allow others to do the same, but at all times, in accordance with YCharts’ Privacy Policy. You represent that (i) you have the right to provide the Subscriber Information to YCharts for purposes of your grant of the license that you have granted to YCharts and other Subscribers in the preceding sentence of this paragraph and (ii) all Subscriber Information is true, accurate, current and complete.

4.3. No Investment Advice.

4.3.1. YCharts is not registered with the U.S. Securities and Exchange Commission (or with the securities regulatory authority or body of any state or any other jurisdiction) as an investment adviser, broker-dealer or in any other capacity, and does not purport to provide investment advice or make investment recommendations by or through the Content found on the Site or otherwise. The Site and the Content are provided for the sole purpose of enabling you to conduct investment research. Other uses of the Site and the Content are expressly prohibited.

4.3.2 You agree and acknowledge that:

–if you provide investment advice to third parties, or make investment decisions on their behalf, based in whole or in part on reports or other materials that you generate through your use of the Site: (1) you are solely responsible for ensuring that you are, if required by applicable laws, rules and regulations, appropriately registered or licensed to provide such investment advice or make such recommendations in the appropriate jurisdictions; (2) YCharts does not evaluate or express any opinion on the suitability of any such advice or recommendation for any particular customer or client of yours in particular, or for your clients and customers in general; and (3) you provide any such advice or recommendation at your own risk based on your own independent professional judgment;

– although YCharts will not make data available to you through the Site if YCharts has actual knowledge that such data is materially inaccurate, YCharts does not independently verify and can give you no assurance as to the accuracy of data made available to you through the Site;

– if you provide reports or other materials generated through your use of the Site to your clients or customers: (1) you are solely responsible for ensuring that such reports or other materials (a) are presented to such clients and customers in a form and manner that comply with all laws, rules and regulations that apply to you in connection with presenting materials of such nature to such clients or customers, including without limitation, laws, rules and regulations that regulate the use of and/or require certain disclosures to be made in connection with the presentation of hypothetical portfolios or hypothetical, back-tested or performance-related information to such clients and customers and/or that require certain risks be disclosed to such clients and customers; and (b) contain such risk and other disclosures, at such place or places, as YCharts may from time to time specify to you in writing; and (2) you will not remove from any such reports or materials any risk or other disclosures formulated by YCharts that appear on such reports or other materials at the time you generate them through your use of the Site;

– you shall not construe the Site or the Content, or any reports or other materials that you generate through your use of the Site, as an offer to buy or sell, as a solicitation of an offer to buy or sell, or as a recommendation to buy, sell, hold or trade, any security or other financial instrument; and

– you shall be responsible for effecting (or causing parties other than YCharts and its affiliates to effect) investment transactions for all accounts under your management, ownership or supervision, and YCharts shall not bear any responsibility to ensure that such investment transactions are effectively executed or that they otherwise comply with applicable laws, rules and regulations.

4.4. Compliance with Applicable Law. You agree to use the Site in strict compliance with all applicable laws, rulings and regulations. YCharts does not represent that the materials on the Site, including the Content, are appropriate or available for use in any particular location. If you access the Site including the Content therein, you are solely responsible for compliance with the laws of your local jurisdiction and any other applicable laws regarding the import, export, or re-export of the Content.

4.5. Restrictions of Use. In addition to other restrictions set forth in these Terms of Use, you agree that (a) you will not use the Content or any portion of the Site as part of any intranet or other internal network; (b) you will not create archival or derivative works based on the Content or any portion thereof; (c) you will not use or access the Site, in YCharts’ judgment, that adversely affects the performance or function of the Site, or interferes with the ability of authorized parties to access the Site; (d) you will not use or attempt to use any “deep-link”, “scraper”, “robot”, “bot”, “spider” “data-mining”, “computer code” or any other automated device, program, tool, algorithm, process, or methodology or manual process having similar processes or functionality, to access, acquire, copy, or monitor any portion of the Site, the Content found on or accessed through the Site, or any user content without the prior express written consent of YCharts; (e) you will not obtain or attempt to obtain through any means any Content on the Site that has not been intentionally made publicly available, either by their public display on the Site or through their accessibility by a visible link on the Site; (f) you will not violate any measure employed to limit to prevent access to the Site or the Content; (g) you will not violate the security of the Site or attempt to gain unauthorized access to the Site, the Content, or data, materials, information, computer systems or networks connected to any YCharts server, through hacking, password mining or any other means; (h) you will not interfere or attempt to interfere with the proper working of the Site or any activities conducted on or through the Site, including accessing any Content prior to the time that it is intended to be available to the public on the Site; (i) you will not take or attempt to take any action that, in the sole discretion of YCharts, imposes or may impose an unreasonable or disproportionately large load or burden on the Site or the YCharts infrastructure; (j) certain areas of the Site are restricted to customers of YCharts; (k) none of the Content or any component of the Site may be reverse engineered, modified, reproduced, republished, translated into any language or computer language, re-transmitted in any form by any means, resold or redistributed without the prior written consent of YCharts; and (l) you may not make, sell, offer for sale, modify, reproduce, display, publicly perform, import, distribute, retransmit or otherwise use the Content in any way, unless expressly permitted to do so by YCharts.

4.6. Financial Representatives. Notwithstanding anything to the contrary above in this Section 4, if you are, or are otherwise an employee or agent of, a professional financial advisor who (a) manages, advises or services, or intends to manage, advise or service, client financial accounts, or (b) during the course of such activities, may act as an “investment adviser,” as that term is defined under the Investment Advisers Act of 1940 (“Financial Representatives”), you shall have the right: (i) to use the Site and Content generated therefrom strictly for your internal business purposes; (ii) to use and distribute Content externally when sharing with an individual whom you sell or are proposing to sell financial products or services (each a “Client”) in a one-to-one or a one-to-few basis (no more than 25 third party users at a time); and (iii) to insert Content into external newsletters, blog posts or podcasts. You shall not directly distribute bulk raw data to other users or non-users of the Site without the prior written consent of YCharts.

4.7. Notice and Disclaimer Requirements. In every instance where Content is used, reproduced, distributed, transmitted, or displayed by you as permitted under these Terms of Use, you shall ensure that the following notice/disclaimer is displayed, or linked to, each discrete reference to such Output: “© [Insert Year] YCharts, Inc. All rights reserved, The information contained herein: (1) is proprietary to YCharts, Inc. and/or its content providers; (2) may not be copied, reproduced, retransmitted, or distributed; and (3) is provided “AS IS” with all faults and is not warranted to be accurate, complete, or timely. YCHARTS, INC. AND ITS CONTENT PROVIDERS EXPRESSLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATIONAL CONTENT, OR ANY IMPLIED WARRANTIES ARISING OUT OF COURSE OF DEALING OR COURSE OF PERFORMANCE. Neither YCharts, Inc. 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”.

4.8 Additional Requirements. To the extent applicable to Subscriber’s use rights of the Site and Content under these Terms of Use, Subscriber will ensure that Clients (strictly in the case of Financial Representatives) and/or Authorized Users (defined below) accessing Content utilize such information in a manner consistent with these Terms of Use, and do not copy or distribute such Content to any third party. Any breach of these Terms of Use by a Client and/or Authorized User shall be deemed a breach by Subscriber. In the event YCharts becomes aware of any use of the Site or Content that are not specifically authorized hereunder, Subscriber understands and agrees that YCharts may immediately terminate Subscriber’s access to the Site and Content (without any liability). “Authorized User” means a paid seat included within the total purchased seat count under a YCharts ordering document and used by any employee or agent of Subscriber authorized to use the Site.

5. INTELLECTUAL PROPERTY RIGHTS

5.1. Ownership. Any and all such intellectual property rights (including, but not limited to, copyrights, trade secrets, database rights, trademark rights, trade dress rights, rights to trade names, service marks and other product and service names and logos) associated with the Site and Content are, and shall remain, the sole and exclusive property of YCharts, its affiliates and/or their suppliers and licensors.

5.2. Marks. All graphics, icons, and other items that appear on the Site may be registered or unregistered trademarks, service marks or trade dress (collectively, the “Marks”) of YCharts, or other entities that have granted YCharts the right and license to use such Marks, and may not be used or interfered with in any manner without the express written consent of YCharts or the appropriate third-party owner of such Marks. Except as otherwise expressly authorized by these Terms of Use, you may not copy, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate the intellectual property of the Site in any way without YCharts’ or the appropriate third party’s prior written consent. Except as expressly provided herein, YCharts does not grant to you any express or implied rights to YCharts’ or any third party’s intellectual property.

5.3. License. Conditioned upon your compliance with these Terms of Use, YCharts grants you a limited, personal, nontransferable, nonexclusive, revocable license to access and use the Site and the Content in accordance with the permitted use rights granted herein.

5.4. Injunctive Relief. Any breach hereof by you may be enforced by YCharts, its affiliates and/or their suppliers and licensors by means of equitable relief (including, but not limited to, injunctive relief) in addition to any other rights and remedies that may be available. Actual or attempted illegal or unauthorized use of the Site, Marks or any Content are strictly prohibited and may result in criminal and/or civil prosecution.

6. SUBSCRIPTIONS; CHARGES ON YOUR BILLING ACCOUNT

6.1. Billing. YCharts bills you through your online account (your “Billing Account”) for subscribing to the Site. You agree to pay YCharts all charges at the prices you agreed to for subscribing to the Site by using your Billing Account, and you authorize YCharts to charge your chosen payment provider (your “Payment Method”) for subscribing to the Site. You agree to make payment using that selected Payment Method. If you initiate a chargeback or otherwise reverse a payment made with your Payment Method, YCharts may in its discretion terminate your account immediately.

6.2. Subscription. Your subscription will continue indefinitely until cancelled by you. After your initial subscription period, your subscription will automatically renew for an additional equivalent period, at the price you agreed to when subscribing; provided, however, YCharts reserves the right to increase the subscription fee at any time upon 30 days’ notice to you. By subscribing, you authorize YCharts to charge your Payment Method at the beginning of your initial subscription period and any subsequent subscription period. Your subscription will not begin until all charges have been processed. You also authorize YCharts to charge you for any sales or similar taxes that may be imposed on your subscription payments. If you do not wish for your subscription to automatically renew or if you wish to cancel your subscription, written notice must be sent to YCharts no less than 30 days in advance of any renewal subscription period.

6.3. Accurate Information. You must provide current, complete and accurate information for your Billing Account. You must promptly update all information to keep your Billing Account current, complete and accurate (such as change in billing address, card number or expiration date), and you must promptly notify YCharts if your Payment Method is cancelled, or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your username or password).

7. LINKS TO OTHER WEBSITES FROM THIS SITE

The Site may contain links to websites and resources, through hypertext or other computer links, operated by third parties other than YCharts (collectively, the “Linked Sites”). These Linked Sites are provided solely for your reference and convenience, and not as an endorsement by YCharts of the content on such Linked Sites or the operator or operation of such Linked Sites. YCharts makes no representations or warranties regarding the correctness, accuracy, performance or quality of any content found on any Linked Site. YCharts is not responsible for the availability of the Linked Sites or the content or activities of such Linked Sites. If you decide to access Linked Sites, you do so at your own risk. You agree that YCharts shall have no liability to you or any other person or entity for the use of third party Linked Sites. In addition, your use of Linked Sites may be subject to any applicable policies and terms and conditions of use posted on such Linked Sites.

8. THIRD PARTY CONTENT

A portion of the Content contained on the Site may be supplied by third parties, including Subscribers, and may be subject to additional terms and conditions between you and a third-party provider (“Third Party Content”). YCharts is a distributor (and not a publisher) of such Third Party Content. Except to the extent that YCharts seeks to enforce its rights under any of the terms of these Terms of Use, YCharts does not have editorial control over any Third Party Content. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Subscribers or any other user of the Site, are those of the respective author(s) or distributor(s) and not of YCharts. YCharts does not warrant Third Party Content, whether or not they are designated by YCharts as “verified” or otherwise, and YCharts disclaims all liability for any and all Third Party Content. Any reliance you place on Third Party Content is therefore at your own risk. Neither YCharts nor any third-party provider or distributor of information guarantees the accuracy, completeness, or usefulness of any Content accessible through the Site, nor its merchantability or fitness for any particular purpose. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other Content accessible through the Site.

9. TERMINATION

These Terms of Use will remain in full force and effect while you use the Site and/or are a Subscriber. You agree that YCharts, in its sole discretion, may terminate or suspend your use of the Site or your subscription, at any time if YCharts has a reasonable basis to believe that you are accessing or using the Site and/or Content in violation of these Terms of Use. Upon such suspension or termination, you will not be entitled to any refund of unused subscription fees. Upon suspension or termination, you must immediately (a) discontinue use of the Site, and (b) destroy any copies you have made of any portion of the Site or the Content. Accessing the Site after such termination or suspension shall constitute an act of trespass. Further, you agree that YCharts shall not be liable to you or any third party for any termination or suspension of your access to the Site and/or the Content. The Terms of Use shall survive any such termination or suspension. If you cancel your subscription in accordance with these Terms of Use, you will maintain your subscription benefits until the end of your then-current subscription commitment, following which your subscription benefits will expire. However, in no event will you be eligible for a refund of any portion of the subscription fees paid for the then-current subscription period.

10. INDEMNIFICATION

You release us and will indemnify, defend and hold harmless YCharts and its affiliates, and their respective officers, directors, employees, and agents against any claim, loss, damage, settlement, cost, expense or other liability (including, without limitation, attorneys’ fees) arising from or related to (i) your breach of any representation or warranty or other obligation contained in these Terms of Use, or (ii) any Content or Submission (together, “Claims”). You will use counsel reasonably satisfactory to us to defend each Claim. If at any time we reasonably determine that any Claim might adversely affect us, we may take control of the defense at our expense. You may not consent to the entry of any judgment or enter into any settlement without our prior written consent, which may not be unreasonably withheld.

11. DISCLAIMER AND LIMITATIONS OF LIABILITY

11.1. Disclaimer. YCHARTS, ITS AFFILIATES AND THEIR THIRD PARTY PROVIDERS DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. YCHARTS, ITS AFFILIATES AND THEIR THIRD PARTY PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE PERFORMANCE, ADEQUACY, ACCURACY, COMPLETENESS, SECURITY OR TIMELINESS OF THE SITE, THE CONTENT OR ANY COMPONENT THEREOF OR ANY COMMUNICATIONS, INCLUDING BUT NOT LIMITED TO ORAL OR WRITTEN COMMUNICATIONS (INCLUDING ELECTRONIC COMMUNICATIONS) OR OUTPUT WITH RESPECT THERETO OR THAT THE SITE OR CONTENT WILL BE FREE OF VIRUSES, WORMS OR “TROJAN HORSES”. FURTHER, THE CONTENT, MADE AVAILABLE ON THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS, AND THERE MAY BE TIMES WHEN THIS SITE OR ITS CONTENTS ARE UNAVAILABLE. YOU ASSUME THE SOLE RISK OF USING AND/OR RELYING ON THE CONTENT MADE AVAILABLE ON THE SITE. NEITHER YCHARTS, NOR ITS AFFILIATES, NOR THEIR THIRD PARTY PROVIDERS SHALL BE SUBJECT TO ANY DAMAGES OR LIABILITY FOR ANY ERRORS, OMISSIONS OR DELAYS IN THE SITE, INCLUDING THE CONTENT. YCHARTS, ITS AFFILIATES AND THEIR THIRD PARTY PROVIDERS MAKE NO REPRESENTATIONS ABOUT THE RESULTS TO BE OBTAINED FROM USING THE SITE, INCLUDING INFORMATION, DATA, SOFTWARE, SERVICES, PRODUCTS, INFORMATION OR THE CONTENT CONTAINED THEREIN. THE SITE, THE CONTENT AND ALL COMPONENTS THEREOF ARE PROVIDED ON AN ‘AS-IS’ BASIS AND YOUR USE OF THE SITE AND THE CONTENT IS AT YOUR OWN RISK. YCHARTS, ITS AFFILIATES AND THEIR THIRD PARTY PROVIDERS DO NOT ACT NOR SHALL BE DEEMED TO BE ACTING AS A FIDUCIARY IN PROVIDING THE SITE OR THE CONTENT. THE CONTENT SHOULD NOT BE RELIED ON AND IS NOT A SUBSTITUTE FOR THE SKILL, JUDGMENT AND YOUR EXPERIENCE OR THE EXPERIENCE OF YOUR ADVISORS AND/OR CLIENTS IN MAKING INVESTMENT AND OTHER BUSINESS DECISIONS.

11.2. Limitations of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS OF USE, IN NO EVENT WHATSOEVER SHALL YCHARTS, ITS AFFILIATES, THEIR THIRD PARTY PROVIDERS, AND THEIR DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS AND OPPORTUNITY COSTS, TRADING LOSSES, OR LOST TIME OR GOOD WILL, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE. NEITHER YCHARTS, ITS AFFILIATES NOR ANY OF THEIR THIRD PARTY PROVIDERS SHALL BE LIABLE FOR ANY CLAIMS AGAINST YOU BY THIRD PARTIES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN THE EVENT THAT LIABILITY IS NEVERTHELESS IMPOSED ON YCHARTS, ITS AFFILIATES OR THEIR THIRD PARTY PROVIDERS, IN NO EVENT SHALL THE MAXIMUM CUMULATIVE LIABILITY OF YCHARTS, ITS AFFILIATES AND THEIR THIRD PARTY PROVIDERS IN CONNECTION WITH THE SITE, THE CONTENT AND/OR THESE TERMS OF USE, REGARDLESS OF THE FORM(S) OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED ONE HUNDRED DOLLARS ($100). NO ACTION, REGARDLESS OF FORM, ARISING FROM OR PERTAINING TO YOUR USE OF THE SITE OR THE CONTENT MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER SUCH ACTION HAS ACCRUED. YOU ARE ENTIRELY LIABLE FOR ACTIVITIES CONDUCTED BY YOU OR ANYONE ELSE IN CONNECTION WITH YOUR BROWSING AND USE OF THE SITE. IF YOU ARE DISSATISFIED WITH THE SITE OR WITH THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THE SITE.

12. DISPUTE RESOLUTION AND AGREEMENT TO INDIVIDUAL ARBITRATION

12.1. Jury Waiver. EXCEPT FOR A CLAIM THAT MAY BE BROUGHT IN SMALL CLAIMS COURT, YOU AND YCHARTS AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, ALSO MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION.

12.2. Covered Disputes and Arbitration Requirement. Any and all disputes between you and YCharts, including disputes arising from or relating to the Site, Services, these Terms of Use, and the Privacy Policy (collectively, “Covered Disputes”) will be settled by binding arbitration administered by the American Arbitration Association (“AAA”) under the AAA’s Consumer Arbitration Rules in effect on the date the claim was filed, available at www.adr.org or by calling the AAA at 800-778-7879.  This arbitration agreement applies to any and all disputes occurring before or after this agreement and supersedes our previous arbitration agreements.  The arbitrator will have the power to grant whatever relief would be available in court under law or in equity, including public injunctive relief, and any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. Notwithstanding the above, you or YCharts can bring any individual claim in small claims court consistent with the jurisdictional limitations of such court.

12.3. Governing Law. For purposes of this section, these Terms of Use and related transactions will be subject to and governed by the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (“FAA”). To the extent state law applies to any portion of a proceeding brought by you or us, the applicable law will be the law of the state of Illinois will apply.

12.4. Fees and Costs. Except for a demand determined by an arbitrator or court to be frivolous, brought in bad faith, or where the initiating party has failed to follow the pre-arbitration dispute resolution process below, YCharts will pay the filing fees for both parties. The AAA consumer rules will otherwise apply to determine the costs and expenses due from each party.  In addition, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, YCharts will pay up to USD $1,000 of your attorneys’ fees and costs and expenses in connection with the arbitration if the arbitrator deems the payment of such amount is necessary to prevent the arbitration from being cost-prohibitive.

12.5. Location. The arbitration will take place in the County of Cook, State of Illinois, USA.

12.6. Class Action Waiver. YCHARTS AND YOU AGREE THAT ANY COVERED DISPUTE HEREUNDER WILL BE SUBMITTED TO ARBITRATION ON AN INDIVIDUAL BASIS ONLY (EXCEPT AS SET FORTH IN THE “BATCH ARBITRATION” PROVISION DESCRIBED ABOVE). NEITHER YCHARTS NOR YOU ARE ENTITLED TO ARBITRATE ANY COVERED DISPUTE AS A CLASS, REPRESENTATIVE OR PRIVATE ATTORNEY ACTION AND THE ARBITRATOR(S) WILL HAVE NO AUTHORITY TO PROCEED ON A CLASS, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL BASIS.

12.7. Severability. If any provision of the agreement to arbitrate in this section is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced (but in no case will there be a class, representative or private attorney general arbitration).

13. ADDITIONAL LEGAL TERMS

These Terms of Use and the Privacy Policy constitute the entire agreement between you and YCharts with respect to the use of the Site, including the Content contained therein, and supersede all discussions, communications, conversations and agreements concerning the subject matter hereof. To the fullest extent permitted by law, you shall indemnify, hold harmless and defend YCharts, its affiliates and their respective directors, officers, employees and agents from and against any and all costs, claims, damages or liabilities (including reasonable attorneys’ fees and court costs) arising out of your use of the Site, the Content, and/or material entered in to the Site by you and/or breach by you of these Terms of Use. These Terms of Use are personal to you, and you may not assign these Terms of Use or any of your interests, rights or obligations under these Terms of Use. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

CONTACT

If you have any questions about these Terms of Use, please contact us.

Last Updated December 31, 2023.