CTC Trading Group, LLC and its affiliates (collectively, “Company,” “we,” “us,” or “our”) operates and maintains the website located at www.chicagotrading.com, the mobile and touch versions, and any sites that reference these Terms of Use (collectively, the “Site”). Company provides the information, content, services, and related features and offerings available through the Site (collectively, the “Services”) to you, subject to these Terms of Use (these “Terms”). These Terms establish the terms, conditions, rights, and responsibilities applicable to your access to and use of the Site and Services.
PLEASE CAREFULLY REVIEW THE ARBITRATION PROVISION SET FORTH IN SECTION 15 BELOW (“ARBITRATION AND DISPUTE RESOLUTION AGREEMENT”), AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH US ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY VIRTUE OF YOUR USE OF THE SITE AND SERVICES, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THE ARBITRATION AND DISPUTE RESOLUTION AGREEMENT, AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SITE AND SERVICES. BY ACCESSING OR USING THE SITE AND SERVICES (INCLUDING, WITHOUT LIMITATION, BY SUBMITTING ANY INFORMATION OR CONTENT TO THE SITE), YOU ARE AGREEING TO COMPLY WITH THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, DO NOT USE THE SITE OR SERVICES.
We expressly reserve the right to make any changes that we deem appropriate from time to time to the Site and/or Services. We reserve the right at any time to modify or discontinue the Site or Services (or any part thereof) with or without notice to you. To the maximum extent permitted under applicable law, we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or Services.
In addition, we may change these Terms at any time, and all such changes will be effective immediately upon notice, which we may give by any means, including, but not limited to, posting a revised version of these Terms or other notice on the Site. You should view these Terms often to stay informed of changes that may affect you. Your use of the Site and Services constitutes your continuing agreement to be bound by these Terms, as they are amended from time to time.
PRIVACY POLICY
Information that you provide to us or that we collect about you through your access to and use of the Site or Services is subject to our Privacy Policy. We encourage you to read and become familiar with our Privacy Policy.
No one under the age of 18 may access or use the Site or Services unless supervised by a parent or legal guardian who is bound by these Terms. By accessing or using, or attempting to access or use, the Site and Services, you represent that you are at least 18 years of age and that you are able to enter into legally binding contracts, including, without limitation, these Terms (or, if you are under 18 years of age, that your parent or legal guardian has reviewed and agrees to be bound by these Terms on your behalf).
3.1 The content and other materials displayed or made available on or through the Site and Services, including, without limitation, text, information, data, content, articles, photos, images, graphics, and illustrations (collectively, “Content”), are protected by copyright and/or other intellectual property laws. You agree to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Site and Services, and you will not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, or otherwise exploit for any purpose any Content not owned by you (i) without the prior consent of the owner of that Content, or (ii) in a way that violates our or anyone else’s rights.
3.2 You understand and agree that we and/or our respective licensors own all right, title, and interest in and to the Site, Services, and Content. You acknowledge and agree that the Content may constitute valuable proprietary information that is protected by applicable intellectual property and other proprietary rights, laws, and treaties of the United States and other countries, and that you acquire no ownership interest by accessing or using the Site, Services, or Content. Such intellectual property and proprietary rights may include, but are not limited to, copyrights, trademarks and service marks, trade dress, and trade secrets, and all such rights are the property of Company and/or our respective licensors and Content-providers. Under no circumstances will you acquire any ownership rights or other interest in the Site, Services, or Content by or through your use thereof.
3.3 You grant us a perpetual, royalty-free, irrevocable, sublicensable, assignable, and transferable license to use, copy, distribute, display, modify, transfer, create derivative works of, or otherwise exploit any information and data that you provide in connection with, or that otherwise arises from, your use of the Site and any content, feedback, submissions, ideas (including requests or suggestions), concepts, know-how, or techniques that you submit to the Site or otherwise choose to share with us through other communication channels for any purpose (including without limitation commercialization). You agree to only provide content or information that does not violate the law nor anyone’s rights (including, without limitation, intellectual property rights).
By using the Site or Services, by clicking on the link to the Site, or by being actively redirected to this Site or Services via any of our digital partners you acknowledge and expressly consent to our use and our digital partners’ use of standard internet data collection, processing and marketing practices, which include the use of a variety of tools, including, without limitation, analytic data collection technologies, chatbots, session replay technologies, identity graphing, web beacons, pixel-based technologies, and other similar technologies to collect information about your use of the Site and Services. Your acceptance and consent to our and our digital partners’ and service providers’ use of such technology includes your ratification of our use of such technologies in the processes related to loading and executing code within your access device or web browser. This information includes, but is not limited to: (a) information about your computer, devices and internet connection when you use the Site and Services (such as your device type, browser type, IP address, a mobile identifier associated with a mobile device (such as Apple IDFA and Android Ad ID), and the area of the country where you are located (but not your precise geographic location)); (b) certain information about your activities while using our Site and Services (such as your referring website, click stream data, the search terms you use, your movement within and interaction with the Site and Services, the pages and features you access, use or visit on the Site, the links and ads that you click, and the length of time you spend using the Site); and (c) other information collected by cookies, pixels, web beacons, scripts, and other tracking technologies. With your consent and acknowledgment you expressly agree to waive any and all claims against us or our digital partners under state eavesdropping, wiretapping, or pen register and/or trap and trace laws, or any similar laws related to pen register and/or trap and trace devices or processes to the extent such claims arise from our digital operations. Notwithstanding your ratification to the initial use of our data collection technologies, if you cannot accept these terms, or if you wish to withdraw your consent, you may not use our Site or Services, and in either case your continued use of the Site or Services revives your consent.
You may access and use the Site only in connection with your use of the Services and Content as permitted herein and only for your personal use. Any other access to or use of the Site constitutes a violation of these Terms and may violate applicable copyright, trademark, or other laws.
In accessing and using the Site, Services, or any Content, you agree that you will comply with all applicable federal, state, and local laws, including, without limitation, copyright and other intellectual property laws, data privacy laws, cyber harassment laws, anti-spam laws, and other regulatory requirements. You further agree that all information or content you provide through the Site or Services is truthful and accurate to the best of your knowledge.
In addition, in accessing and using the Site, Services, and any Content, you agree that you will NOT:
6.1 The Site may permit you to submit, upload, or otherwise provide information inquiries, messages, or other information or content to us (“User Submissions”). By submitting, uploading, or otherwise providing any User Submissions, you grant to us a non-exclusive, transferable, worldwide, perpetual, irrevocable, royalty-free, sublicensable right and license to use, copy, modify, translate, reformat, create derivative works of, display, perform, publish, distribute, and otherwise act with respect to your User Submissions, alone or as part of other works in any form, media, or technology, whether now known or hereafter developed, as we deem necessary or appropriate to: (i) provide the Site, Services, and Content, including any messaging functionality; (ii) support our businesses, including, without limitation, to further market, develop, and improve the Site, Services, and Content, to create, develop, and/or improve other products and services, and to conduct research and analytics; and (iii) to otherwise conduct our and/or any of our third-party partners’ businesses (including by commercializing, and permitting third parties to commercialize, your User Submissions). You waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding your User Submissions that you may have under any applicable law under any legal theory. You represent and warrant that you own, or otherwise have all rights, permissions, and authorizations necessary to post and grant to us and our licensees the foregoing license and rights under, your User Submissions, and that such use by us will not infringe, misappropriate, or otherwise violate any copyright, trademark, right of publicity, or any other intellectual property or proprietary rights of any third party.
6.2 You are solely responsible for all of your User Submissions and for ensuring that they comply with these Terms and any applicable laws. By submitting or uploading your User Submissions, you accept sole liability and responsibility for any of your User Submissions that do not comply with these Terms and/or any applicable laws. Your User Submissions violate these Terms and are prohibited from the Site if they:
6.3 We have the right, but do not assume the obligation or responsibility, to review and monitor User Submissions, and to determine whether they comply with these Terms and applicable laws. In addition, we have the right in our sole discretion and for any reason whatsoever to edit, refuse to post, refuse to store, refuse to send, remove, or disable access to any User Submissions, including without limitation any User Submissions that constitute, or are likely to constitute, an infringement, misappropriation, or other violation of any copyright, trademark, right of publicity, or any other intellectual property or proprietary rights of any third party. We assume no liability for any User Submission that appears or is removed from the Site or elsewhere. We have no obligation to use any User Submission and may not use it at all.
6.4 Any User Submission of any kind made by you or any other user or third party is made by the respective author(s) or distributor(s) and not by us. Other users and third parties may submit or post User Submissions that are inaccurate, misleading, or deceptive. We do not endorse and are not responsible for any User Submissions, and will not be liable for any loss or damage caused by your reliance on such User Submissions. A User Submission reflects the opinion of the person submitting it and may not reflect the opinion of Company. Without limiting the foregoing, we specifically disclaim any liability concerning or relating to your contribution of, use of, or reliance on any User Submission and any actions resulting from your participation in any part of the Site, including, without limitation, any objectionable User Submission.
7.1 We may, in our sole discretion, without liability, and without notice to you, immediately suspend, limit, and/or terminate your access to or use of the Site or Services for any reason, including, without limitation: (i) if we believe in our sole discretion that you have violated these Terms or any applicable laws or regulations; (ii) at the request of law enforcement, government agencies, or courts; (iii) if we discontinue or materially modify the Site or Services (or any part thereof); or (iv) if we believe in our sole discretion that your access to or use of the Site or Services may pose a risk for us, our affiliates, or contractual partners, or other users. Upon any termination, you will lose the right to access and use the Site and Services.
7.2 Any suspension or termination will not affect your obligations to us under these Terms. The provisions of these Terms which by their nature should survive the suspension or termination of your access to or use of the Site and Services shall survive including, but not limited to, the “Content and Intellectual Property”, “Indemnification”, “Disclaimers”, “Limitation of Liability”, “Arbitration and Dispute Resolution Agreement”, and “Miscellaneous” sections of these Terms.
The Site and Services may be made available or accessed in connection with third-party content and services that we do not control. We will not be responsible or liable for your use of any such third-party content or services or for the conduct of, or interactions you may have with, any third-party provider of the same. You acknowledge that different terms of use and privacy policies may apply to your use of third-party content and services.
Company takes such commercially reasonable measures as we deem appropriate to secure and protect information transmitted to and from the Site. Nevertheless, we cannot and do not guarantee that any such transmissions are or will be totally secure.
You are responsible for acquiring and updating compatible hardware, software, or devices necessary to access and use the Site and Services and any updates thereto. We do not guarantee that the Site or Services, or any portion thereof, will function on or with any particular hardware, software, or device. The Site and Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
You agree to indemnify and hold harmless Company, its affiliates, and its and their respective officers, directors, owners, employees, contractors, and agents (collectively, the “Company Parties”) from and against any and all claims, demands, actions, losses, liabilities, damages, judgments, costs, and expenses (including attorneys’ fees and costs) (collectively, “Claims”) arising out of or relating to: (i) your use of the Site, Services, or Content; (ii) your breach or violation of any of these Terms; (iii) User Submissions; or (iv) your violation of any applicable law or regulation.
11.1 YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE SITE, SERVICES, AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH ALL FAULTS. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND GUARANTEES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY: (A) WARRANTIES THAT THE SITE, SERVICES, AND/OR CONTENT WILL MEET YOUR REQUIREMENTS OR SATISFACTION; (B) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF THE SITE, SERVICES, AND/OR CONTENT; (C) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE; (D) WARRANTIES THAT YOUR USE OF THE SITE, SERVICES, AND/OR CONTENT WILL BE SECURE OR UNINTERRUPTED; AND (E) WARRANTIES THAT THE SITE, SERVICES, AND/OR CONTENT WILL BE FREE OF ERRORS OR VIRUSES, OR THAT ERRORS IN THE SITE, SERVICES, AND/OR CONTENT WILL BE CORRECTED.
11.2 ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE OR SERVICES IS SOLELY FOR INFORMATIONAL PURPOSES AND IS DOWNLOADED AND USED AT YOUR SOLE DISCRETION AND RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SITE OR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, DISCONTINUATION OF USE OF THE SITE AND SERVICES IS YOUR SOLE RIGHT AND REMEDY FOR ANY DISSATISFACTION WITH THE SITE, SERVICES, OR CONTENT.
THE SITE DOES NOT CONSTITUTE AN OFFER OR PROMISE OF EMPLOYMENT WITH RESPECT TO ANY EMPLOYMENT POSITION DESCRIBED ON THIS SITE. WITHOUT NOTICE, COMPANY MAY ELIMINATE, MODIFY OR CHANGE ANY ASPECTS OF ANY EMPLOYMENT DESCRIBED ON THE SITE. THIS SITE DOES NOT PROVIDE BINDING EMPLOYMENT OFFERS OR ANY TERMS OR CONDITIONS OF EMPLOYMENT. ANY EMPLOYMENT OFFER THAT MAY ENSUE AS A RESULT OF YOUR SUBMISSION OF INFORMATION TO CTC SHALL BE SOLELY IN ACCORDANCE WITH THE SPECIFIC TERMS OF SUCH EMPLOYMENT OFFER, NOT THE TERMS OF THE SITE.
13.1 TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, THE NEGLIGENCE OF ANY PARTY, WILL THE COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, DATA LOSS, INCONVENIENCE, OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM, ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH YOUR USE OF, OR YOUR INABILITY TO USE, THE SITE, SERVICES, OR ANY CONTENT, UNDER ANY THEORY OF LIABILITY. IN THE EVENT THAT THE COMPANY IS DETERMINED BY A FINAL AND BINDING LEGAL DECISION TO BE LIABLE TO YOU FOR ANY DAMAGES, YOUR SOLE REMEDY, AND OUR AGGREGATE LIABILITY IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SITE, SERVICES, AND CONTENT, WILL IN ALL EVENTS BE LIMITED TO ONE HUNDRED DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE PROVISIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY THE LAW.
13.2 We may use third parties to provide certain features and services accessible through the Site and Services. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WE WILL NOT BE LIABLE TO YOU FOR THEIR ACTS OR OMISSIONS.
PLEASE READ THIS SECTION 15 CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING, BUT NOT LIMITED TO, YOUR RIGHT TO FILE A LAWSUIT IN COURT.
14.1 You agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof or the use of the Site or Services (collectively, “Disputes“) will be resolved exclusively by final, binding arbitration between you and Company, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights, or where a party’s conduct may cause the other irreparable injury. The provisions of this Section 15 constitute the parties’ written agreement to arbitrate Disputes under the Federal Arbitration Act.
14.2 The arbitration shall be administered by the Judicial Arbitration & Mediation Services (“JAMS”) and shall be heard by a single arbitrator, pursuant to the Arbitration Rules and Procedures then in effect (the “JAMS Rules”), except as modified by this Section 15.
14.3 To begin an arbitration proceeding, a party must submit the Dispute by making a demand for arbitration, as detailed at https://www.jamsadr.com/, and simultaneously send a copy of the completed demand to the other party. Payment of all filing, administration, and arbitrator fees will be governed by the JAMS rules. The arbitration will be conducted based upon written submissions, unless you request and/or the arbitrator determines that a telephone or in-person hearing is necessary. If the arbitrator grants the request or determines that an in-person hearing is necessary, the hearing will proceed in Cook County, Illinois, unless the arbitrator determines or Company agrees that the matter should proceed in the county where you reside.
14.4 The arbitrator will apply and be bound by these Terms, apply applicable law and the facts, and issue a reasoned award within the time frame specified in the JAMS Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. You and Company also agree that the arbitrator may not award multiple or punitive damages. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
14.5 EACH PARTY AGREES THAT IT SHALL BRING ANY DISPUTE AGAINST THE OTHER PARTY ONLY IN ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE PROCEEDING, OR AS AN ASSOCIATION. IN ADDITION, EACH PARTY AGREES THAT DISPUTES SHALL BE ARBITRATED ONLY ON AN INDIVIDUAL BASIS, AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. THE ARBITRATOR DOES NOT HAVE THE POWER TO VARY THESE PROVISIONS.
15.1 These Terms and the Privacy Policy (as each may be revised and amended from time to time according to their respective terms) collectively constitute the entire agreement with respect to your access to and use of the Site, Services, and Content.
15.2 Our electronically or otherwise properly stored copy of these Terms will be deemed to be the true, complete, valid, authentic, and enforceable copy, and you agree that you will not contest the admissibility or enforceability of our copy of these Terms in connection with any action or proceeding arising out of or relating to these Terms.
15.3 These Terms will be construed in accordance with the laws of the State of Illinois without regard to its conflict of laws rules that would result in the application of the laws of any other jurisdiction. If for any reason a Dispute proceeds in court, you and Company: (i) agree that any such Dispute may only be instituted in a state or federal court located in Cook County, Illinois and waive any defenses or objections based on the jurisdiction, venue, or convenience of this exclusive venue; (ii) irrevocably consent and submit to the exclusive personal jurisdiction and venue of such courts for resolution of such Disputes; and (iii) AGREE TO WAIVE ANY RIGHT TO A TRIAL BY JURY.
15.4 We may assign our rights and obligations under these Terms, in whole or in part, at any time to any third party without notice. You may not assign these Terms or any rights or obligations hereunder without our prior written consent.
15.5 Our waiver of any breach of these Terms will not be a waiver of any preceding or subsequent breach thereof.
15.6 If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions of these Terms will not be affected, and the invalid, illegal, or unenforceable provision will be replaced by such valid and enforceable provision as comes closest to the intention underlying the invalid, illegal, or unenforceable provision.
15.7 You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms.
15.8 Possible evidence of use of the Site or Services for illegal purposes will be provided to law enforcement authorities.
15.9 Discontinuation of use of the Site and Services is your sole right and remedy for any dissatisfaction with the Site, Services, or any of the Content.
Please contact us with any questions regarding the Site, Services, or these Terms at Privacy@chicagotrading.com.
