The Chart of the Day website located at www.chartoftheday.com, is owned and operated by Third Rock Investments, Inc. and is offered to you conditioned on your acceptance without modification of the terms, conditions and notices contained herein. By accessing and using the Chart of the Day website, you are deemed to have agreed to all such terms, conditions, and notices.
Definition of Terms
Throughout the entirety of this document Chart of the Day Plus will be used to refer to any content located at www.chartoftheday.com/plus/ and Chart of the Day will refer to any content available at www.chartoftheday.com, which includes www.chartoftheday.com/plus/.
Restrictions On Use – Chart of the Day free Weekly Newsletter
All the content on this website is the property of Chart of the Day and is protected by national and international copyright, trademark, and intellectual property laws. Use of our content, online or in print, is strictly prohibited unless prior written consent has been obtained from Chart of the Day with the following exception. We do grant limited permission to webmasters, journalists, and bloggers to post a free Chart of the Day on their website as long as the chart is unedited and full credit is given with a live link to Chart of the Day at https://www.chartoftheday.com (i.e. Chart of the Day). We also grant permission to webmasters, journalists, and bloggers to post an excerpt of our free Chart of the Day commentary as long as it is made clear to the reader that the excerpt is a quote from Chart of the Day and is sourced as such. Except for this limited permission, you may not reproduce, retransmit, redistribute, upload, post, sell, translate, or create derivative works of any part of this website in any form or by any means, other than those strictly related to your own personal, noncommercial use. You may not frame or utilize framing techniques to enclose any content on this web site. You further agree not to create a database in electronic or structured manual form by systematically downloading and storing all or any of the content provided by Chart of the Day.
If your site provides a list of helpful links, permission is granted to link to Chart of the Day at https://www.chartoftheday.com as well as our Chart of the Day free Weekly Newsletter.
Restrictions On Use – Chart of the Day Plus
A subscription entitles access to the Chart of the Day Plus section of the Chart of the Day website by a single individual (the subscriber). All the content on this website is the property of Chart of the Day and is subject to copyrights, trademarks, and intellectual property rights. Use of our Chart of the Day Pluscontent, online or in print, is strictly prohibited unless prior written consent has been obtained from Chart of the Day. You may not reproduce, retransmit, redistribute, upload, post, sell, translate, or create derivative works of any part of the Chart of the Day Plus section of the Chart of the Day website in any form or by any means, other than those strictly related to your own personal, noncommercial use. Any other use of the Chart of the Day Plus section of the Chart of the Day website is strictly prohibited unless prior written consent has been obtained from Chart of the Day.
By subscribing to Chart of the Day Plus you agree to have your subscription automatically renewed and billed to your credit card at the beginning of each subscription period until you cancel your subscription. You may cancel at any time. When a subscription is canceled, you will continue to have access up until the end of your last billing cycle.
We do not offer refunds. If you cancel, you will be immediately removed from the automatic billing cycle, and your subscription will run until it expires.
Accuracy of Information
A great deal of effort is taken to ensure that all Chart of the Day content is accurate, however, all the content provided by Chart of the Day is not guaranteed for accuracy, completeness, or usefulness. All Chart of the Day services and content are provided “as is” and “as available” without warranty of any kind, express or implied. In no event shall Chart of the Day be liable for damages of any kind arising from the use of this web site, including but not limited to direct, indirect, incidental, punitive and consequential damages.
Chart of the Day makes every effort to publish all content in a timely manner, however, we make no guarantees as to the timeliness of our content as there is the possibility of delays due to human error, technical difficulties, and acts of God. In the event of a prolonged period of down time, it is solely at the discretion of Chart of the Day whether any compensation shall be offered to subscribers and of what form it would take. Our Chart of the Day free weekly newsletter is published once per week. Chart of the Day Plus is published four times per week less days on which the NYSE is closed or closes early for a holiday.
Investment decisions are solely your responsibility. No Chart of the Day content should be interpreted as a recommendation or solicitation to buy or sell any security, or to take any specific action. Chart of the Day staff may be active investors in the market and may or may not have open positions in any investment vehicle mentioned on this website.
Receiving Chart of the Day email
Although email communications are generally reliable and received promptly, some email messages might not be received by the intended recipient in a timely fashion or at all due to circumstances beyond our control. Chart of the Day makes no warranty, representation or guaranty regarding the consistent, timely receipt of email communications by the subscriber.
Chart of the Day hereby disclaims all warranties with regard to the services and information, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this agreement. Chart of the Day does not warrant that the information will be uninterrupted or error-free, that defects will be corrected, or that this website or the server that makes it available, are free of viruses or other harmful components.
Limitation of Liability
Under no circumstances shall Chart of the Day be liable for any direct, indirect, incidental, punitive, special or consequential damages (including without limitation, attorneys’ fees), whether in an action of contract, negligence or other tortuous action, that result from the use of, or the inability to use, any materials available on this website. If you are dissatisfied with any Chart of the Day information or other materials, or with any of the terms and conditions contained in this website, your sole and exclusive remedy is to discontinue using Chart of the Day. If Chart of the Day or any of its third-party providers are found liable in connection with a claim arising out of or related to the services or the information, their aggregate liability in such an event shall not exceed the amount of the fees paid by you for use of the service during the month in which the event giving rise to the liability occurred. Your right to monetary damages in such amount shall be in lieu of all other remedies to which you may otherwise be entitled from Chart of the Day.
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 Chart of the Day, 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 this Chart of the Day website. Use of this Chart of the Day website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
This agreement constitutes the entire agreement between you and Chart of the Day and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Chart of the Day with respect to this website. The failure by Chart of the Day 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.