THIS AGREEMENT WAS LAST UPDATED ON 10-July-2002.
Privacy of Information
Please review our Privacy Statement, which also governs your use of Extra!, to understand how we collect and use information about you.
Fees and Payments
If you paid for your membership by Credit Card using our secure order form, month-to-month members of the "Extra" service will be automatically renewed each month. You may disable this automatic renewal feature at any time. If we do not receive notice of your renewal by the expiration date, your account will revert back to the Free User status. Users who paid for their membership by personal check will not receive a renewal notice and are responsible for renewing their account before the expiration date.
You can always find the current Membership Fees and charges posted in the StockCharts.com Subscription Services section of our web site. All fees are due in advance.
If you believe someone has accessed Extra using your user name and password without your authorization, you must contact StockCharts.com at email@example.com.
If you are not satisfied with Extra and you are a monthly member, we will cancel your account and provide a full refund up to 7 days from when your service began. Because our longer-term memberships are cheaper than our monthly memberships (on a per-month basis), we do not offer refunds on those memberships. To request a refund, send an email to firstname.lastname@example.org from the same email address as your user ID. All refunds are issued in the original form of payment. Individuals who subscribe via check are not eligible for refunds. If you cancel your membership, you will not be able to re-subscribe for three months from the date of cancellation.
Copyright and Limitations on Use
Only one individual may access Extra at the same time using the same user ID or password, unless agreed otherwise by StockCharts.com. The content available through Extra is the property of StockCharts.com or its licensors and is protected by copyright, trademark and other intellectual property laws. Content received through Extra may be displayed, reformatted, and printed for your personal, non-commercial use only. You agree not to reproduce, retransmit, distribute, display, disseminate, sell, publish, broadcast or circulate the content received through Extra to anyone, including but not limited to others in the same company or organization, without the express prior written consent of StockCharts.com, with this one exception:
You may, on an occasional and irregular basis, disseminate an insubstantial portion of content from Extra for noncommercial purposes, without charge, to a limited number of individuals, provided you include all copyright and other proprietary rights notices with such portion of the content in the same form in which the notices appear in Extra, original source attribution, and the phrase "Used with permission from StockCharts.com, Inc." To request consent for other matters, please contact StockCharts.com at email@example.com.
Access, Availability of Service, and Links
Extra contains links to other related World Wide Web Internet sites, resources, and sponsors of StockCharts.com. Since StockCharts.com is not responsible for the availability of these outside resources, or their contents, you should direct any concerns regarding any external link to the site administrator or Webmaster of such site.
Disclaimer of Warranties and Liability
Extra provides financial information to online investors using unique, interactive analysis tools. It also offers various quotes, analyses and commentaries. StockCharts.com and its content licensors do not guarantee the accuracy, completeness or timeliness of, or otherwise endorse, these offerings, give tax or investment advice, or advocate the purchase or sale of any security or investment. Due to the number of sources from which content in Extra is obtained, and the inherent hazards of electronic distribution, there may be delays, omissions or inaccuracies in such content and Extra. STOCKCHARTS.COM AND ITS AFFILIATES, AGENTS AND LICENSORS PROVIDE Extra ON AN "AS IS" BASIS AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE CONTENT AVAILABLE THROUGH Extra, OR Extraok ITSELF. YOU HEREBY ACKNOWLEDGE THAT USE OF Extra IS AT YOUR SOLE RISK. NEITHER STOCKCHARTS.COM NOR ANY OF ITS AFFILIATES, AGENTS OR LICENSORS SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY, OTHER THAN DEATH OR PERSONAL INJURY RESULTING DIRECTLY FROM USE OF Extra, CAUSED IN WHOLE OR PART BY ITS NEGLIGENCE OR CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING Extra AND ANY CONTENT THROUGH Extra. IN NO EVENT WILL STOCKCHARTS.COM, ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH CONTENT OR Extra. STOCKCHARTS.COM AND ITS AFFILIATES, AGENTS AND LICENSORS SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES OTHER THAN DIRECT DAMAGES (INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIABILITY OF STOCKCHARTS.COM, ITS AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM (WHETHER IN CONTRACT, TORT OR OTHERWISE) IN ANY WAY CONNECTED WITH Extra OR THE CONTENT IN Extra SHALL NOT EXCEED THE AMOUNT YOU PAID TO STOCKCHARTS.COM FOR THE USE OF Extra IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You hereby indemnify, defend and hold harmless StockCharts.com and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any user of your Extra account of this Agreement or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any such claim. StockCharts.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
Registration and Security
As part of the registration process, you will select a password and a user ID. You also are required to give us certain registration information, all of which must be accurate and updated. You may not: (i) select or use a user ID of another person with the intent to impersonate that person; (ii) use a user ID in which another person has rights without such person's authorization; or (iii) use a user ID that StockCharts.com, in its sole discretion, deems offensive. Failure to comply with the foregoing shall constitute a breach of this Agreement, which may result in immediate termination of your account. You shall be responsible for maintaining the confidentiality of your password.
You shall notify StockCharts.com, at firstname.lastname@example.org, of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password.
You are responsible for all usage or activity on your Extra account, including use of the Extra account by any third party authorized by you to use your subscriber ID and password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at StockCharts.com's sole discretion, and StockCharts.com may refer you to appropriate law enforcement agencies.
StockCharts.com may discontinue or change Extra, or its availability to you, at any time. You may terminate your Extra account at any time by sending an email to email@example.com. Upon termination, you will receive confirmation via email that the request was received, and your access to Extra will be suspended within 24 hours. You will still have access to StockCharts.com's Free service. Any data stored on StockCharts.com's servers as part of your Extra account may be lost.
This Agreement is personal to you, and you may not assign your rights or obligations to anyone. If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. This Agreement, your rights and obligations, and all actions contemplated by this Agreement shall be governed by the laws of the State of Washington. You consent to the exclusive jurisdiction and venue of courts in King County, Washington, U.S.A.
StockCharts.com's Terms of Service are hereby incorporated as part of this Subscription Agreement. By agreeing to the terms in this Agreement, you also are agreeing to abide by, and be bound by, StockCharts.com's Terms of Service.