These Terms and Conditions (defined below) govern your general use of the OneChicago Web Site (the “Site”), including, but not limited to, use of all electronic content, research and analysis tools, product delivery, educational opportunities, and other services or forums that are available through the Site or that may be added to the Site in the future (“OneChicago Service(s)”). By accessing our Site, you agree to be bound by these Terms and Conditions and by any amendments in effect at the time of your visit. OneChicago reserves the right to amend these Terms and Conditions from time to time. We encourage you to review these Terms and Conditions upon each visit to this Site because any changes will be binding on you. OneChicago is pleased to offer you certain services that may only be available by subscription or which may be subject to other specified licensing arrangements. You will be presented with an opportunity to review and accept those subscription terms or licenses when you access those services or products.
If you do not wish to be bound by these Terms and Conditions, you should not access or use the Site.
Registration, Password Use and Security
Upon registration, we will provide you with a User ID and Password to enable you to access the particular OneChicago Service. You agree to provide true, accurate, current and complete information about yourself. You are solely responsible for maintaining the confidentiality of your User ID and Password, and for all activities that occur under your User ID, including all messages posted, statements made, or acts or omissions that occur within any OneChicago Service through the use of your User ID. You agree not to share your User ID or Password with another person for the purpose of facilitating their access and unauthorized use of OneChicago’s Services. OneChicago is in no way liable for any claims related to the use or misuse of your User ID and Password when due to the activities of third parties outside of OneChicago’s control or when due to your failure to maintain their confidentiality and security.
We may make available to you a broad range of financial information that we obtain from our affiliates, vendors, or strategic partners (“Third Party Providers”). This includes financial market data, quotes, news, analyst opinions, and research reports. Collectively, we refer to this as “Market Information.” OneChicago does not endorse or approve the Market Information, and we make it available to you only as a service and convenience. OneChicago and our Third Party Providers do not: (1) guarantee the accuracy, timeliness, completeness or correct sequencing of the Market Information, or (2) warrant any results from your use or reliance on the Market Information. Market Information may quickly become unreliable for various reasons including, for example, changes in market conditions or economic circumstances. Neither OneChicago nor the Third Party Providers are obligated to update any information or opinions contained in any Market Information, and we may discontinue offering Market Information at any time without notice. You agree that neither OneChicago nor the Third Party Providers will be liable in any way for the termination, interruption, delay, or inaccuracy of any Market Information. You will not redistribute or facilitate the redistribution of Market Information, nor will you provide access to Market Information to anyone who is not authorized by OneChicago to receive Market Information.
No Investment Advice or Recommendations
The OneChicago Services and Content (defined below) are for informational and educational purposes only. All information contained herein is obtained by OneChicago from sources believed by OneChicago to be accurate and reliable, but OneChicago cannot guarantee the accuracy, timeliness or completeness of such information for any particular purpose. Although the OneChicago Services may provide information relating to investment approaches and opportunities to buy or sell various financial products, you should not construe any Market Information or other content available through any OneChicago Service as legal, tax, investment, financial or other advice. Nothing contained in any OneChicago Service or any other content on our Web site constitutes a solicitation, recommendation, endorsement, or offer by OneChicago or a Third Party Provider to buy or sell any securities or other financial instruments. You alone will bear the sole responsibility of evaluating the merits and risks associated with the use of any OneChicago Service before making any decisions based on Market Information or content contained in a OneChicago Service. In exchange for using OneChicago Services, you agree not to hold OneChicago or any Third Party Provider liable for any possible claim for damages arising from any decision you make based on information made available to you through any OneChicago Service.
Investors are strongly advised to obtain advice from a professionally accredited financial advisor before trading.
Disclaimer of Warranties
THE USE OF THIS SITE, SERVICES AND CONTENT ARE SOLELY AT YOUR OWN RISK. THE SITE, SERVICES AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ONECHICAGO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE, SERVICES AND CONTENT WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. ONECHICAGO MAKES NO WARRANTY THAT THE SITE, SERVICES AND CONTENT WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERRUPTED, TIMELY, SECURE, CURRENT, ACCURATE, COMPLETE OR ERROR-FREE OR THAT THE RESULTS THAT MAY BE OBTAINED BY USE OF THE SITE, SERVICES AND CONTENT WILL BE ACCURATE OR RELIABLE. ONECHICAGO PROVIDES NO GUARANTEE AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, SEARCHES OR OTHER DATA. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY DEFECT IN OR DISSATISFACTION WITH THE SITE, SERVICES AND CONTENT ARE TO CEASE USING THEM.
Disclaimer of Liabilities
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ONECHICAGO SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA LOSS, OR OTHER RESULTING LOSSES (EVEN IF ONECHICAGO OR AN AUTHORIZED REPRESENTATIVE OF ONE CHICAGO HAS BEEN ADVISED TO THE POSSIBILITY OF SUCH DAMAGES), INCLUDING, WITHOUT LIMITATION, LIABILITY IN TORT, CONTRACT OR OTHERWISE (AND AS PERMITTED BY LAW, PRODUCT LIABILITY). YOU ASSUME THE ENTIRE RISK AS TO THE USE OF THE ONECHICAGO SITE, SERVICES AND CONTENT.
You hereby agree to indemnify, defend and hold OneChicago harmless from and against any and all liability and costs incurred by OneChicago in connection with any claim arising from your use of the Site, Services or Content including, without limitation, reasonable attorneys’ fees.
User Representations and Acceptable Use Policy
By your use of the Site, you represent and warrant that you have all the rights necessary to receive, use, transmit and disclose all data that you submit to the Site. You further represent and warrant that your use of the Site and of any Content on the Site shall comply with all applicable laws, regulations, and ordinances. You agree and acknowledge that you are solely responsible for any liabilities, fines, penalties or forfeitures occasioned by any such violation or lack of rights.
OneChicago Services are not intended for use by children. By using OneChicago Services, you represent and warrant that you are at least 18 years of age or have attained legal majority status under the statutes and regulations by which you are governed.
The following requirements apply to your use of the Site, and OneChicago Service(s) including, without limitation, any interactive available functionalities:
- You will not impersonate any person or entity, misrepresent any affiliation with another person, entity or association, use false headers or otherwise conceal your identity from OneChicago for any purpose.
- You will not use any electronic communication feature of the Site or a OneChicago Service for any purpose that is unlawful, tortious, abusive, intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene, pornographic, profane, sexually explicit, threatening or hateful.
- You will not upload, post, reproduce or distribute any information, software or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights.
- You will not post content that encourages or promotes illegal activity, content that discusses illegal activities with the intent to commit them, or content that may give rise to civil or criminal liability in any way, or which violates federal, state, or local laws.
- You will not collect or store personal data about other users.
- You will not use any OneChicago Service for any commercial purpose not expressly approved by OneChicago in writing.
- You will not upload, post, email or otherwise transmit any advertising or promotional materials, including without limitation, “junk mail,” “surveys,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation or unauthorized communication.
- You will not upload, post, email or otherwise transmit any material that contains viruses or any other computer code, files or programs which might interrupt, limit or interfere with the functionality of any computer software or hardware or telecommunications equipment.
- You will not post materials containing links to any sites that violate any section of these Terms and Conditions, including but not limited to commercial or advertising content.
- You should not post any private information to chat rooms and/or message boards, nor should you assume that postings are completely anonymous.
With the exception of applications commonly known as Web Browser software, or other applications formally approved by OneChicago in writing, you agree not to use any software, program, application or any other device to access or log on to OneChicago’s computer systems, Web site or proprietary software or to automate the process of obtaining, downloading, transferring or transmitting any Market Information or any other content to or from OneChicago’s computer systems, Web site or proprietary software.
Unless otherwise indicated for a particular OneChicago Service, any communications or material of any kind that you email, post or otherwise transmit through the OneChicago Service, including data, questions, comments, or suggestions (your “Communications”) will be treated as non-confidential and nonproprietary. You hereby grant a license to OneChicago to reproduce, disclose, transmit, publish, broadcast, or post your Communications either on the OneChicago Web site or elsewhere with no liability or obligation to you. OneChicago is free to use any ideas, concepts, know-how, or techniques contained in your Communications for any purpose including, but not limited to, developing and marketing products using such information.
OneChicago has the right to further remove and delete any Communication for any reason whatsoever, or for no reason at all.
Any interactive functions provided at this Site, including without limitation the ability to post materials to our server, bulletin boards, or chat rooms, are provided for the information of OneChicago users. User submissions are not under the control of OneChicago and are not information or opinions of OneChicago. OneChicago does not endorse, approve, or certify such information, nor does it guarantee the availability, accuracy, completeness, efficacy, timeliness, or correctness. Use of any user submission on this Site is voluntary, at your own risk and reliance on it should only be undertaken after an independent review. Reference in these sections of the Site to any specific commercial product, process or service by trade name, trademark, service mark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, recommendation or favoring by OneChicago.
OneChicago, its affiliates and agents are entitled, but not obligated, to review or retain your Communications. We may monitor your Communications to evaluate the quality of service you receive, your compliance with the Agreement, the security of the OneChicago Services, or for other reasons. You agree that OneChicago’s monitoring activities will not entitle you to any cause of action or other right with respect to the manner in which OneChicago monitors your Communications and enforces or fails to enforce the Rules and Guidelines of any OneChicago Service and the terms of the Agreement. In no event will OneChicago be liable for any costs, damages, expenses or any other liabilities incurred by you as a result of OneChicago¹s monitoring activities.
Security of Data Transmission and Storage
Electronic communications through the OneChicago Services may not be encrypted. You acknowledge that there is a risk that data, including email, Communications and personal data, may be accessed by unauthorized third parties when communicated between you and OneChicago or between you and other parties.
OneChicago’s Intellectual Property Rights
The Site and the OneChicago Services are furnished by OneChicago and are intended for the personal use of its users. All rights are exclusively reserved to OneChicago. You acknowledge that the Site may contain Market Information, other information, communications, photos, text, video, graphics, images, software publications, and other materials which are provided by OneChicago or by affiliates or licensors of OneChicago (“Content”). You agree and acknowledge that the Content is protected by copyright, trademark and other intellectual property laws, that these rights are valid and protected in all media now existing or later developed, and that as specifically provided in these Terms and Conditions, your use of the Content shall be governed and constrained by applicable copyright, trademark, and other intellectual property laws.
Except as otherwise specifically allowed herein, the Content may only be contained in a single temporary copy in a single computer’s memory and a single permanent copy for non-commercial, personal use by the user.
You agree to retain on all copies, the copyright and other proprietary notices contained on the Content. Except as otherwise provided herein, you may not modify, adapt, translate, exhibit, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in this section of the Terms and Conditions), create derivative works from, perform, display, reverse engineer, decompile or dissemble, or in any way exploit, any of the OneChicago Services, the Site, or the Content, in whole or in part, without OneChicago’s written permission. Except as set forth herein, any other use of the Content requires the prior written consent of OneChicago, LLC and may require a fee.
All trademarks, services marks, trade names, logos, and icons are proprietary to OneChicago, its affiliates or such third party that may own the particular trademarks. Nothing contained on the OneChicago Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the OneChicago Site without the written permission of the owner.
Digital Millennium Copyright Act Compliance Policy
It is our policy to promptly respond to claims of copyright infringement. If you believe that an infringing copyrighted work is accessible on this Site, you may notify our registered copyright agent by sending the following information to the address listed below:
- An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright;
- A statement that this person is authorized to act on behalf of the copyright owner;
- A statement that this person has a good faith belief that the use of the material in the complained-of manner is not authorized either by the copyright owner, by the owner’s agent, or by law;
- A description of the copyrighted work that you claim has been infringed; and
- A description of where the material that you claim is infringing is located on the Site; and
Your address, telephone number, and e-mail address.
Please put “Notice of Infringement” in the subject line of all such notifications, and send the notification to:
141 West Jackson, Suite 1065
Chicago, IL 60604
We will process and investigate all notices of alleged infringement as required by the Digital Millennium Copyright Act (“DMCA”), and will remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity. When we remove or disable access to any material claimed to be infringing, we may attempt to contact the supplier of such material in order to give that supplier an opportunity to respond to the notification. If the supplier of the material gives a counter-notification claiming that the use is authorized, we will furnish that counter-notification to the complaining party and will give the complaining party an opportunity to seek judicial relief under the DMCA before we replace or restore access to any materials.
Links to Other Sites
OneChicago may provide a link to other third party sites. OneChicago does not control linked sites, and OneChicago makes no representations whatsoever concerning the content of those sites. The fact that OneChicago has provided a link to a site is not an endorsement, authorization, sponsorship, or affiliation with respect to such site, its owners, or its providers. There are risks in using any information, software, or products found on the Internet, and OneChicago cautions you to make sure you understand these risks before retrieving, using, relying upon, or purchasing anything via the Internet. You agree that under no circumstances will you hold OneChicago liable for any loss or damage caused by use of or reliance on any content, goods or services available on other sites. In addition, please be aware that your use of any linked site is subject to the terms and conditions applicable to that site. Please direct any questions regarding linked sites to the webmaster of that site.
Changes to Services and Termination
OneChicago reserves the right to modify or discontinue, temporarily or permanently, a OneChicago Service (or any part thereof) with or without notice. You agree that OneChicago, in its sole discretion and with or without notice, may terminate your access to any or all OneChicago Services, and remove and discard any information or content within a OneChicago Service. You agree that OneChicago will not be liable to you or to any third party for any modification, suspension or discontinuance of a OneChicago Service.
OneChicago may, in its sole discretion, terminate or suspend your access to all or part of the Site for any reason, or for no reason whatsoever including, without limitation, for breach of these Terms and Conditions.
These Terms and Conditions are governed by the laws of the State of Illinois, without reference to any conflict of law principles. If any provision of these Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity of any remaining provisions. You hereby agree to irrevocably submit to the jurisdiction of the federal courts in the state of Illinois with respect to any disputes that may arise pursuant to these Terms and Conditions.