Terms of Service

These Terms of Use govern your use of any services provided by Fingrep.com., (“Fingrep”, “we”, or “us”) including without limitation, any content, functionality or services offered on or through fingrep.com (collectively, the “Fingrep Services”), whether as a guest or a registered user.

PLEASE READ THE TERMS OF USE CAREFULLY BEFORE YOU START TO USE THE FINGREP SERVICES. YOUR AFFIRMATIVE ACT OF USING THE FINGREP SERVICES SIGNIFIES THAT YOU AGREE TO THE FOLLOWING TERMS OF USE, AND YOU CONSENT TO THE COLLECTION, USE AND DISCLOSURE OF PERSONAL INFORMATION AS DISCLOSED IN THE PRIVACY POLICY, WHICH IS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE, DO NOT USE THE FINGREP SERVICES.

CHANGES TO THE TERMS OF USE

We may change these Terms of Use at any time. You can review the most current version of these Terms by clicking on the “Terms of Use” link located at the bottom of our web pages. You are responsible for checking these terms periodically for changes. If you continue to use the Fingrep Services after we post changes to these Terms of Use, you are signifying your acceptance of the new terms.

ACCESS TO WEBSITES AND SERVICES

We may discontinue or change any Fingrep service or feature at any time and without notice. We will not be liable if for any reason all or any part of the Fingrep Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Fingrep Services, or the entirety of the Fingrep Services, to users, including registered users.

To access some of the Fingrep resources, such as watchlist, screeners, or portfolios, you may be asked to provide certain registration details or other information. If you register as a user (a “Member”) of any of the Fingrep Services, during the registration process you may be prompted to click a “Register Now,” “Submit,” or similar button. Clicking any such button will further confirm your agreement to be legally bound by these Terms.

It is a condition of your use of the Fingrep Services that all the information you provide is correct, current, and complete. You agree that all information you provide to register with Fingrep or otherwise, including, but not limited to, through the use of any interactive features on the Fingrep Services, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. By registering with Fingrep, you represent that you are of legal age to form a binding contract and are not a person barred from receiving Fingrep services under the laws of the applicable jurisdiction.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You also acknowledge that your account is personal to you and agree not to provide any other person with access to any Fingrep Site, or any portion of a Fingrep Site, using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. Fingrep will not be liable for any loss or damage arising from your failure to comply with this provision.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

If you register as a Member of any of the Fingrep Services, including the Fingrep family of newsletters, we will automatically opt you into to our email lists. The Fingrep email lists are an important revenue source for Fingrep which help pay for the upkeep and continued development of the Fingrep Services. As a Member, Fingrep will look to send you relevant content, some of which is advertisements for third party products and services, including special offers, webinars, educational booklets, and promotions tailored to your perceived interests. You can edit your account information, including your newsletter preferences, at any time. Commercial email communications from Fingrep come with an unsubscribe link at the bottom for you to opt-out of future such marketing communications. You can also email Fingrep at any time and request to be removed, temporarily or permanently from one or all of our email lists. We do not share your email address with any third party advertisers.

TERMINATION

You may terminate your Fingrep account and thereby your access to the Fingrep Services by submitting such termination request to Fingrep . Members can automatically deactivate or delete their Fingrep account through the Member Profile page. You agree that Fingrep may, without prior notice, immediately terminate, limit your access to, or suspend your Fingrep account and the Fingrep Services, and delete your and associated email address. Cause for such termination, limitation of access or suspension shall include, but shall not be limited to, (a) breaches or violations of the Terms of Use or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) discontinuance or material modification to the Fingrep Services (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) engagement by you in fraudulent or illegal activities, (g) and/or abusive correspondence with Fingrep. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in Fingrep’s sole discretion and that Fingrep shall not be liable to you or any third party for any termination of your account, your access to the Fingrep Services, or the removal of any associated email address.

OWNERSHIP OF INFORMATION; LICENSE TO USE FINGREP.COM; REDISTRIBUTION OF DATA.

Unless otherwise noted, all right, title and interest in and to the Fingrep Services, and all information and content (“Content”) made available through the Fingrep Services, in all languages, formats and media throughout the world, including all copyrights and trademarks therein, are the exclusive property of Fingrep, its affiliates or its Data Providers (as defined below). Any Content on websites that are hosted by Fingrep and/or its affiliates (a “Site” or “Sites”) is owned by or licensed to Fingrep. User acknowledges the Content is protected under copyright, trademark, trade secret, and other intellectual property or proprietary rights laws. Such Content may include data and prices wholly owned by Fingrep and/or managed by Fingrep on behalf of the Site.

Use of Fingrep.com Screenshots, Static Images and Broadcasting:

You may capture and use static screenshots of Fingrep charts, information, web pages or graphics, as well as broadcast Fingrep web pages on screen/video (live or recorded) for news, social or educational purposes, in news, social media, videos, reports, publications and other works you create, provided you display without modification applicable attribution, indications of authorship or ownership, and copyright notices (e.g. "Chart Provided by Fingrep.com" or "© [YEAR] Fingrep.com.").

In addition, you may use the Fingrep Services as follows for your personal, non-commercial use only:

In no event shall any user:

If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by any end user license or other applicable agreement for such applications.

EXCEPT AS OTHERWISE EXPRESSLY PERMITTED BY THE PRECEDING PARAGRAPHS, YOU AGREE NOT TO REPRODUCE, RETRANSMIT, DISSEMINATE, SELL, DISTRIBUTE, PUBLISH, BROADCAST OR CIRCULATE ANY OF THE FINGREP SERVICES OR CONTENT IN ANY MANNER OR FOR ANY PURPOSES (WHETHER PERSONAL OR BUSINESS) WITHOUT THE PRIOR EXPRESS WRITTEN CONSENT OF FINGREP AND/OR THE DATA PROVIDERS. IN ADDITION, YOU SHALL NOT, WITHOUT THE PRIOR EXPRESS WRITTEN CONSENT OF FINGREP AND THE RELEVANT DATA PROVIDERS, MAKE COPIES OF ANY OF THE SOFTWARE OR DOCUMENTATION THAT MAY BE PROVIDED, ELECTRONICALLY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, TRANSLATING, DECOMPILING, DISASSEMBLING OR CREATING DERIVATIVE WORKS.

REPORTING CLAIMS OF COPYRIGHT INFRINGEMENT / DMCA NOTICE

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this site (the "Website") infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA. It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

THIRD PARTY SITES AND ADVERTISERS

The Fingrep Services may include links to third party websites. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. You agree that Fingrep shall not be held liable for any trading activities or other activities that occur on any website you access through links on any Fingrep Site. We provide these links as a convenience, and do not endorse the content or services offered by these other sites. Any dealings that you have with advertisers found on the Fingrep Services are between you and the advertiser and you acknowledge and agree that we are not liable for any loss or claim you may have against an advertiser.

DISCLAIMER REGARDING CONTENT

Fingrep cannot and does not represent or warrant that any of the Content available through the Fingrep Services is accurate, reliable, current, complete or appropriate for your needs. Various Content available through Fingrep may be specially obtained by Fingrep from professional businesses or organizations, such as exchanges, news providers, market data providers and other content providers (e.g., the New York Stock Exchange, NASDAQ, CME Group and Dow Jones, EDGAR), who are believed to be sources of reliable Content (collectively, the “Data Providers”). Nevertheless, due to various factors — including the inherent possibility of human and mechanical error — the accuracy, completeness, timeliness, results obtained from use, and correct sequencing of Content available through Fingrep are not and cannot be guaranteed by Fingrep.

YOUR USE OF THE FINGREP SERVICES, THE CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE FINGREP SERVICES IS AT YOUR OWN RISK. THE SITES, CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE FINGREP SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER FINGREP NOR ANY PERSON ASSOCIATED WITH FINGREP MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITES. WITHOUT LIMITING THE FOREGOING, NEITHER FINGREP NOR ANYONE ASSOCIATED WITH FINGREP REPRESENTS OR WARRANTS THAT THE SITES, THE CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE FINGREP SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE FINGREP SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, FINGREP HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

DISCLAIMER REGARDING HYPOTHETICAL PERFORMANCE RESULTS

FINGREP MAKES NO REPRESENTATION THAT ANY ACCOUNT WILL OR IS LIKELY TO ACHIEVE PROFITS OR LOSSES SIMILAR TO THOSE SHOWN.

Hypothetical performance results have many inherent limitations, some of which are mentioned below, and there are frequently sharp differences between hypothetical performance results and actual results subsequently achieved by any particular trading program. One of the limitations of hypothetical performance results is that they are generally prepared with the benefit of hindsight. In addition, hypothetical trading does not involve financial risk and no hypothetical trading record can completely account for the impact of financial risk in actual trading. For example the ability to withstand losses or to adhere to a particular trading program in spite of the trading losses are material points, which can also adversely affect trading results. There are numerous other factors related to the market in general or to the implementation of any specific trading program which cannot be fully accounted for in the preparation of hypothetical performance results and all of which can adversely affect actual trading results.

DISCLAIMER REGARDING INVESTMENT DECISIONS AND TRADING

DECISIONS TO BUY, SELL, HOLD OR TRADE IN SECURITIES, COMMODITIES AND OTHER INVESTMENTS INVOLVE RISK AND ARE BEST MADE BASED ON THE ADVICE OF QUALIFIED FINANCIAL PROFESSIONALS. ANY TRADING IN SECURITIES OR OTHER INVESTMENTS INVOLVES A RISK OF SUBSTANTIAL LOSSES. THE PRACTICE OF “DAY TRADING” INVOLVES PARTICULARLY HIGH RISKS AND CAN CAUSE YOU TO LOSE SUBSTANTIAL SUMS OF MONEY. BEFORE UNDERTAKING ANY TRADING PROGRAM, YOU SHOULD CONSULT A QUALIFIED FINANCIAL PROFESSIONAL. PLEASE CONSIDER CAREFULLY WHETHER SUCH TRADING IS SUITABLE FOR YOU IN LIGHT OF YOUR FINANCIAL CONDITION AND ABILITY TO BEAR FINANCIAL RISKS. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY LOSS OR DAMAGE YOU OR ANYONE ELSE INCURS AS A RESULT OF ANY TRADING OR INVESTMENT ACTIVITY THAT YOU OR ANYONE ELSE ENGAGES IN BASED ON ANY INFORMATION OR MATERIAL YOU RECEIVE THROUGH THE FINGREP SERVICES.

NO ADVICE OR SOLICITATION

FINGREP CONTENT IS NOT INTENDED TO PROVIDE TAX, LEGAL OR INVESTMENT ADVICE AND DOES NOT CONSTITUTE A SOLICITATION BY FINGREP OF THE PURCHASE OR SALE OF SECURITIES.

FINGREP DISCLOSURE POLICY

Fingrep believes in transparency, which is why we require all of our authors and contributors to disclose whether they own a position in any securities referenced in the article. Any such disclosure shall appear at the end of the relevant article. THIS DISCLOSURE POLICY DOES NOT EXTEND TO BROAD-BASED ETFS / ETPS OR MUTUAL FUND HOLDINGS.

Articles published on Fingrep and its affiliate sites are for informational purposes only. All statements, views and opinions expressed by Fingrep authors and contributors are solely the views, opinions and responsibility of the person or entity providing the content and do not reflect the views and opinions of Fingrep or its affiliates.

Fingrep offers no assurances about the accuracy and completeness of the published content.

Fingrep is under no obligation to correct or modify any information published on this website.

None of the information in articles published on Fingrep or its affiliate sites should be taken as a recommendation to buy or sell a particular investment or subscribe to a particular strategy. It is only the view and opinion of the author or contributor.

Neither Fingrep nor any of its affiliates are responsible or liable to you or any third party for the content or accuracy of any content provided by third parties. ANY ACTION TAKEN BASED UPON THE INFORMATION PROVIDED IN OUR ARTICLES IS DONE SO STRICTLY AT YOUR OWN RISK.

FEEDBACK TO FINGREP

By submitting ideas, suggestions, documents, and/or proposals (“Contributions”) to Fingrep through its contact or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Fingrep is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Fingrep shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Fingrep may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of Fingrep without any obligation of Fingrep to you; and (f) you are not entitled to any compensation or reimbursement of any kind from Fingrep.com under any circumstances.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL FINGREP , ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, EMPLOYEES, PARTNERS AND LICENSORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE FINGREP SERVICES, ANY WEBSITES LINKED TO THE FINGREP SERVICES, ANY CONTENT ON THE FINGREP SERVICES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

INDEMNITY

You agree to indemnify and hold harmless Fingrep and its subsidiaries, affiliates, officers, agents, employees, partners and licensors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, demands, or fees, including reasonable attorneys’ fees, arising out of or related to and content you submit, post, transmit, modify or otherwise make available through the Fingrep Services, your use of Fingrep Sites and Services, your connection to the Fingrep Services, your violation of the Terms of Use, or your violation of any rights of another.

DISPUTES

ALL DISPUTES (EXCEPT ACTIONS FOR INJUNCTIVE RELIEF BROUGHT BY FINGREP) ARISING UNDER THIS AGREEMENT SHALL BE RESOLVED EXCLUSIVELY THROUGH BINDING ARBITRATION BEFORE A FORUM LOCATED IN CHICAGO, ILLINOIS. YOU AGREE THAT IN ANY SUCH DISPUTE OR ARBITRATION, YOU WILL ONLY ASSERT CLAIMS IN AN INDIVIDUAL (NON-CLASS, NONREPRESENTATIVE) BASIS, AND THAT YOU WILL NOT SEEK OR AGREE TO SERVE AS A NAMED REPRESENTATIVE IN A CLASS ACTION OR SEEK RELIEF ON BEHALF OF THOSE OTHER THAN YOURSELF. YOU UNDERSTAND THAT BY AGREEING TO THIS SECTION, YOU ARE GIVING UP THE RIGHT TO LITIGATE (OR PARTICIPATE AS A PARTY OR CLASS MEMBER) IN COURT. YOU ALSO AGREE THAT ANY DISPUTE RESOLUTION PROCEEDING WILL ONLY CONSIDER YOUR INDIVIDUAL CLAIMS AND YOU AGREE THAT NO DISPUTE WILL BE HEARD AS A CLASS ACTION, REPRESENTATIVE ACTION OR CONSOLIDATED ACTION. ANY ACTION, PROCEEDING, OR ARBITRATION BROUGHT BY A PARTY PURSUANT TO THIS AGREEMENT OR ANY BREACH THEREOF MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION AROSE, WHETHER OR NOT THE PARTY HAD ANY KNOWLEDGE OR NOTICE THEREOF.