Chartoftheday.com (“Site”) is owned and operated by Third Rock Investments, Inc. and is offered to you conditioned on your acceptance without modification of the Terms of Service (“TOS’) contained herein, which may be updated from time to time without notice to you. All references to chartoftheday.com include Third Rock Investments, Inc., its entities, affiliates, websites and subsidiaries. You can review the most up-to-date version of the Site’s TOS by visiting this page.
By using the Site, you agree and consent to be bound by these TOS and all disclaimers, rules and terms and conditions that appear elsewhere on or in connection with the Site. If at any time you become dissatisfied with the TOS, you agree that your sole and exclusive remedy is to discontinue using the Site.
2. Our Services
Chartoftheday.com provides users with services including charts, newsletters, white papers, downloads, articles, analysis, and commentary, (each a ‘Service’ and collectively, ‘Services’). You hereby acknowledge that the Service may include advertisements from third parties unrelated to chartoftheday.com. You further understand and acknowledge that in providing the Services, chartoftheday.com may, at its sole discretion, communicate with you via email and newsletters. When added, all new Services shall be subject to this TOS. As described herein, all Services are provided to you on “As Is” basis and chartoftheday.com assumes no responsibility for your use of the Services. By using the Services, you acknowledge that you are responsible for obtaining access to the Site and Services, including any third-party fees (i.e. equipment fees, Internet service provider or airtime charges).
3. Important Disclaimer Regarding the Information We Provide
No content published on this Site or provided by email to subscribers constitutes a recommendation that any particular security, portfolio of securities, transaction or investment strategy is suitable for any specific person. To the extent any of the content published on the Site may be deemed to be investment advice or recommendations in connection with a particular security, such information is impersonal and not tailored to the investment needs of any specific person. You understand that an investment in any security is subject to a number of risks and that discussions of any security published on the Site will not contain a list or description of relevant risk factors. Investment decisions are solely your responsibility.
Data shown on this Site is supplied by sources believed to be reliable. Calculations and charts herein are made using such data, and that such calculations and charts are not guaranteed by these sources, the information providers, or any other person or entity, and may not be complete.
All content on this Site and associated newsletters are provided for information and educational purposes only. The Site is not intended to provide tax, legal, insurance or investment advice, and nothing on the Site should be construed as an offer to sell, a solicitation of an offer to buy, or a recommendation for any security by chartoftheday.com or any third party. You alone are solely responsible for determining whether any investment, security or strategy, or any other product or service, is appropriate or suitable for you based on your investment objectives and personal and financial situation. You should consult an attorney or tax professional regarding your specific legal or tax situation. Third Rock Investments, Inc. and its employees do not represent or warrant the accuracy of any information contained on this Site.
4. Chartoftheday.com Proprietary Right/Use of Site & Services
You hereby acknowledge that chartoftheday.com is the sole owner of all charts, text, messages, information, software, scripts, images, graphics, and the like contained on the Site. Chartoftheday.com owns and has copyrights of the Site and all of its content. Trademarks, logos and service marks displayed on the Site are our registered and common law trademarks. Your use of and access to the Site does not grant you any license or right to use any of the trademarks.
The Site and Services are intended for your personal, noncommercial use in accordance with these TOS. By using the site, you agree that you will not copy, display, reproduce, republish, upload, post, transmit, distribute, sell, transfer or modify any of the content, data, information or materials found on our Site or distribute any part of the Site, in any medium, without chartoftheday.com’s prior written consent or with full credit with a live link at https://www.chartoftheday.com (i.e. Chart of the Day) as outlined in the “Republishing Articles” and “Charts and Images” sections below. You also agree that you will not use any robot, spider, other automatic device, data mining techniques or manual process to monitor materials available through our Site, catalog, download, store or otherwise reproduce, store or distribute content available on chartoftheday.com or sent to you by chartoftheday.com.
Illegal and/or unauthorized use of the Site and Services is a violation of this Agreement. Chartoftheday.com reserves the right to take legal action for any such violation to the full extent permitted by law.
Republishing Articles and Commentary — When republishing our articles or commentary, you will not publish complete articles. You may quote a sentence or two provided credit is given with a live, dofollow link to Chart of the Day at https://www.chartoftheday.com (i.e. Chart of the Day).
Charts and Tables — As long as the charts and tables are unedited and full credit is given with a live dofollow link to Chart of the Day at https://www.chartoftheday.com (i.e. Chart of the Day), you can use or embed the charts and images located/generated on chartoftheday.com. All charts and images must be used “As Is”. No modification should be made to the charts or images.
Chartoftheday.com does not accept financial incentives in exchange for favorable reviews, analysis, or commentary.
This Site may display advertisements. The opinions of advertisers in no way reflect the opinions of Third Rock Investments, Inc.. From time to time, this Site may provide news, commentary, or analysis that includes the products of advertisers on this Site. Such news, commentary, and analysis should not be construed as endorsing the products of advertisers.
The entities advertising on this Site may not be affiliated in any manner with Third Rock Investments, Inc. Third Rock Investments, Inc. does not in any way endorse the products or services of any advertiser on this Site. Third Rock Investments, Inc. receives no fees other than advertising revenue from advertisers. Third Rock Investments, Inc. receives no compensation or commissions from advertisers based on the sale of securities.
Third Rock Investments, Inc. is in no way responsible for any losses a user incurs as a result of any investments made in any products of an advertiser or any investment advice taken from an advertiser.
All information obtained via advertisements contained on this Site should be confirmed from an independent source or the advertiser’s own website and/or prospectus. Users should contact advertisers directly with specific questions about that entity’s funds, services, or products.
Through the Site and Services, chartoftheday.com may provide links to other websites, white papers or resources. Chartoftheday.com has no control over such sites and resources. Therefore, you acknowledge and agree that chartoftheday.com is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. In addition, you acknowledge and agree that chartoftheday.com shall have no responsibility or liability whatsoever for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.
You enter other websites at your own risk and are highly advised to review their terms of service, privacy policies and other use agreements.
You agree to defend, indemnify and hold harmless chartoftheday.com, Third Rock Investments, Inc, its affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees an) arising from: (a) your use of and access to the Site and Services; or (b) your violation of any of these TOS; or (c) any third party’s rights, including but not limited to copyright, proprietary and privacy rights; or (e) any liability arising from your use of the Site and Services. This defense and indemnification obligation will survive these TOS and your use of the Site and Services.
9. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CHARTOFTHEDAY.COM and THIRD ROCK INVESTMENTS, INC. EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND GUARANTEES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, TO THE FULL EXTENT PERMISSIBLE UNDER THE LAW; (b) Chartoftheday.com WILL MAKE REASONABLE EFFORTS TO MAINTAIN THE SERVICES, HOWEVER, CHARTOFTHEDAY.COM IS NOT RESPONSIBLE FOR ANY DAMAGE, LOSS OF DATA, CONTENT OR INFORMATION, REVENUE, OR OTHER HARM ARISING OUT OF DELAYS, MISDELIVERY OR NONDELIVERY OF INFORMATION, RESTRICTION OR LOSS OF ACCESS, BUGS, VIRUSES OR OTHER ERRORS, UNAUTHORIZED USE, OR OTHER INTERACTION WITH THE SERVICES. YOU ARE RESPONSIBLE FOR MAINTAINING AND BACKING-UP YOUR DATA AND INFORMATION THAT MAY RESIDE ON THE SERVICES. Chartoftheday.com DOES NOT WARRANT THAT (i) THE SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS, (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE AND SERVICES WILL MEET YOUR EXPECTATIONS, AND ANY ERRORS IN ANY SOFTWARE USED IN CONNECTION WITH THE SERVICES WILL BE CORRECTED; (c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE SOLELY AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR CONTENT THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL; AND (d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
10. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT CHARTOFTHEDAY.COM, THIRD ROCK INVESTMENTS, INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SUPPLIERS, SUBSIDIARIES, ADVERTISERS, AGENTS OR SPONSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, RELIANCE OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, DAMAGE TO PROPERTY, PERSONAL INJURY, GOODWILL, USE, LOSS OF REPORTED EARNINGS, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CHARTOFTHEDAY.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER AND WHENEVER ARISING, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL THEORY, INCLUDING WITHOUT LIMITATION ANY SUCH DAMAGES RELATING TO (i) THE USE OR THE INABILITY TO USE THE SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (v) ANY OTHER MATTER RELATING TO THE SERVICES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING IT. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO COMPANY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION — WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE — SHALL BE THE TOTAL AMOUNT PAID TO US BY YOU, IF ANY, FOR ACCESS TO THE SERVICES IN THE CURRENT CALENDAR YEAR OF YOUR SUBSCRIPTION.
Chartoftheday.com may provide you with notices, including those regarding changes to this TOS by email, postal mail or postings on the Service. For the avoidance of doubt, the TOS may be updated from time to time without notice to you.
12. Procedures for Making a Claim of Copyright or Intellectual Property Infringement
Chartoftheday.com takes protecting copyright seriously. If you believe that Site Content is being displayed in violation of your copyrights, please immediately notify chartoftheday.com by contacting us at support @ chartoftheday.com.
Force Majeure – Under no circumstances shall Chartoftheday.com or Third Rock Investments, Inc. shall be held liable for delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, computer viruses, denial-of-service attacks, strikes, labor disputes, material shortage, riots, insurrections, civil disturbances, terrorist acts, shortages of labor or materials, transportation interruptions, fires, floods, earthquakes, storms, explosions, war, governmental actions, embargos, orders of domestic or foreign courts or tribunals, accidents, non-performance of third parties, or acts of God.
Waiver and Severability – The failure of chartoftheday.com to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
Statute of Limitations – You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site, Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Jurisdiction – The laws of the Commonwealth of Pennsylvania, U.S.A., govern this agreement without giving effect to any principles of conflicts of laws. Unless otherwise stipulated by chartoftheday.com, you consent that the courts of the Commonwealth of Pennsylvania, U.S.A. shall have the exclusive jurisdiction in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
14. Entire Agreement
This agreement constitutes the entire agreement (“Agreement”) between you and chartoftheday.com and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and chartoftheday.com with respect to this Site. Notwithstanding the foregoing, these TOS may be modified from time to time by chartoftheday.com without notice to you. You can review the most up-to-date version of the Site’s TOS by visiting this page. The failure by chartoftheday.com or a user/subscriber to exercise any rights or to enforce any provisions of this agreement shall not constitute a waiver of such right or provision.
15. Contact Us
If you have questions about these TOS, please contact us at support @ chartoftheday.com.
LAST UPDATED: December 2020