www.marketwatch.com Open in urlscan Pro
13.225.78.127  Public Scan

URL: https://www.marketwatch.com/site/subscriber-agreement
Submission: On December 02 via api from CH — Scanned from DE

Form analysis 0 forms found in the DOM

Text Content

Skip to main content
Main Menu
 * Home
 * Latest News
 * Watchlist
 * Market Data Center
    * U.S.
    * Cryptocurrency
    * Europe
    * Rates
    * Asia
    * Futures
    * Currencies

 * Markets
    * U.S. Markets
    * Canada
    * Europe & Middle East
    * Asia
    * Emerging Markets
    * Latin America
    * Market Data

 * Investing
    * Barron's
    * Best New Ideas
    * Stocks
    * IPOs
    * Mutual Funds
    * ETFs
    * Options
    * Bonds
    * Commodities
    * Currencies
    * Cryptocurrencies
    * Futures
    * Financial Adviser Center
    * Cannabis
    * Newswires

 * Barron's
 * Economy & Politics
    * Washington Watch
    * Inflation
    * Coronavirus
    * The Federal Reserve
    * Economic Report
    * Rex Nutting
    * U.S. Economic Calendar
    * Coronavirus Recovery Tracker

 * Personal Finance
    * The Moneyist
    * Spending & Saving
    * Retirement
    * TaxWatch
    * Credit Cards
    * Careers
    * Travel
    * Real Estate
    * Real Estate Listings

 * Retirement
    * Best New Ideas in Retirement
    * Estate Planning
    * Help Me Retire
    * FIRE
    * Taxes
    * Social Security
    * Real Estate
    * Retirement Calculator
    * NewRetirement Planner
    * Where Should I Retire
    * Best Places

 * How to Invest
 * Virtual Stock Exchange
 * Video
    * MarketWatch 25 Years
    * SectorWatch
    * The Moneyist
    * Getting to Work With
    * Explainomics
    * How to Invest
    * MarketBrief
    * Fire Starters
    * How Bad Is It
    * The Cost of Things
    * Office Hours
    * Best New Ideas in Money Festival
    * Mastering Your Money

 * Podcasts
 * Live Events
 * Opinion
 * Investor's Business Daily
    * Leaderboard
    * SwingTrader
    * MarketSmith
    * IBDLive

 * Newsletter Center
 * Research & Tools
    * Watchlist
    * Mortgage Calculator
    * Multiple Quotes Tool
    * Stock Screener
    * Earnings Calendar
    * Market Screener
    * IPO Calendar
    * Short Interest
    * Premarket Screener
    * Options Expiration Calendar
    * After Hours Screener
    * Currency Tools
    * Mutual Fund Screener
    * Upgrades & Downgrades
    * Top 25 Mutual Funds
    * Mutual Fund Comparison
    * Economic Calendar
    * Where Should I Retire?
    * Retirement Planner
    * Top 25 ETFs

 * MarketWatch Picks
    * Loans
    * Money
    * Technology
    * Real Estate
    * Guides
    * Credit Cards
    * Banking
    * Lifestyle
    * Investing

Sign Up Log In
 * Profile Settings
 * Email & Alerts
 * Watchlist
 * Games

MarketWatch Logo Go to the homepage.
 * Latest
 * Watchlist
 * Markets
 * Investing
 * Personal Finance
 * Economy
 * Retirement
 * How to Invest
 * Video Center
 * Live Events
 * MarketWatch Picks
 * More
   How to InvestVideo CenterLive EventsMarketWatch Picks


Account Menu
 * Account Settings
 * Log In
 * Sign Up

Open Site Search Close Search Overlay















SUBSCRIBER AGREEMENT & TERMS OF USE


 1. Home
 2. Site
 3. Subscriber Agreement & Terms of Use

MARKETWATCH SUBSCRIBER AGREEMENT AND TERMS OF USE
UPDATED ON OCTOBER 22, 2020.

PLEASE SCROLL DOWN AND READ THE SUBSCRIBER AGREEMENT AND TERMS OF USE BELOW.

This Subscriber Agreement and Terms of Use (this “Agreement”) governs your use
of all digital products and services from MarketWatch.com, BigCharts.com,
virtualstockexchange.com, and newsletters (“MarketWatch”) that are made
available from time to time, including without limitation, any Web pages,
services, content, newsletters, databases and information therein (collectively,
the “Services”), unless other terms and conditions expressly govern. MarketWatch
products and services are provided either directly by Dow Jones & Company, Inc.
and its subsidiaries (“we”, “us”, “our”) or through various third party
platforms and devices (e.g., mobile and tablet apps).

IMPORTANT NOTICE - BINDING ARBITRATION AND CLASS ACTION WAIVER: BY AGREEING TO
BE BOUND BY THE TERMS OF THIS AGREEMENT, YOU AGREE THAT ALL DISPUTES BETWEEN US
WILL BE RESOLVED BY BINDING ARBITRATION, EXCEPT FOR CERTAIN LIMITED TYPES OF
DISPUTES DESCRIBED IN SECTION 14.1 BELOW. YOUR AGREEMENT TO ARBITRATION MEANS
YOU ARE GIVING UP THE RIGHT TO GO TO COURT AND THE RIGHT TO A TRIAL BY JURY, AND
INSTEAD, DISPUTES WILL BE DECIDED BY A NEUTRAL ARBITRATOR. YOU ALSO AGREE THAT
ALL DISPUTES BETWEEN US, WHETHER IN COURT OR IN ARBITRATION, WILL BE BROUGHT
ONLY ON AN INDIVIDUAL BASIS AND YOU ARE WAIVING YOUR RIGHT TO BRING OR
PARTICIPATE IN A CLASS ARBITRATION OR CLASS ACTION. PLEASE READ SECTION 14 BELOW
OF THIS AGREEMENT FOR FURTHER DETAILS.

If you agree to be bound by the terms of this Agreement, you should check the
box indicating your agreement to the terms of this Agreement on the registration
page for the Service. If you do not agree to be bound by the terms of this
Agreement, you should not check the box but you will not be able to proceed with
the registration process for the respective Service and become a subscriber. To
the extent you have access to, or are using, a Service without having completed
our registration process, you are hereby notified that your continued use of a
Service is subject to many of the terms and conditions of this Agreement as
explained in Section 7 below.


1. CHANGES TO THIS AGREEMENT

We may change the terms of this Agreement at any time by notifying you of the
change in writing or electronically (including without limitation, by email or
by posting a notice on the Service that the terms have been “updated” or similar
words). The changes also will appear in this document, which you can access at
any time by going to this Agreement and Terms of Use link at the footer of those
Services which are made available through a website or to the Legal or Legal
Notices area of those Services which are made available as an application. By
using a Service after changes are made to this Agreement you signify that you
agree to be bound by such changes.


2. COMPLIANCE

We are based in the United States and the Services are provided from the United
States. We make no representation or warranty that a Service or the Content (as
defined herein) are appropriate or available for use in other locations. If you
use the Services from a jurisdiction other than the United States, you agree to
do so at your own risk, and you are responsible for complying with any and all
local laws applicable to your use of a Service.


3. PRIVACY AND YOUR ACCOUNT

Dow Jones Privacy Notice describes how we collect, use, share and protect your
personal information. Your information may be stored and processed in the United
States or any other country where Dow Jones has facilities, and by using a
Service online, you consent to the transfer of information outside of your
country. If your access to a Service has been provided by or through a third
party (for example, your employer or an education institution where you are a
student) (each, a "Third Party Payer"), the Third Party Payer may have provided
us with information about you to enable us to provide you with access to a
Service and distinguish you from other subscribers (such as your email address
or name). If you access a Service using a password, you are solely responsible
for maintaining the confidentiality of that password. You will be responsible
and liable for any access to or use of a Service by you or any person or entity
using your password, whether or not such access or use has been authorized by
you or on your behalf, and whether or not such person or entity is your employee
or agent, including, without limitation, any fee-based transactions. If you
provide someone else with access to your password to a Service, they will have
the ability to view information about your account and make changes through the
website for a Service. Similarly, if you tell someone the answer to your
security question for a Service, they will be able to request information about
your account and make changes through Customer Service. You agree to notify us
promptly if you change your billing and delivery addresses and email address so
we can continue to contact you and send any notices required hereunder. If you
fail to notify us promptly of a change, then any notice we send to your old
address shall be deemed sufficient notice.


4. MARKETWATCH SUBSCRIPTION SERVICE FEES AND PAYMENTS

From time to time, MarketWatch users may be offered a paid subscription service
to the website or newsletters (“Paid Service”). With respect to Paid Services,
you must be 18 years of age or older to purchase a subscription to the Services
or any other content, product, or service offered by us through the Services. If
you are less than 18 years of age and want to make any such purchase, please ask
your parent or guardian to complete the purchase on your behalf. You agree to
pay the subscription fees and any other charges incurred in connection with your
account for a Service (including any applicable taxes) at the rates in effect
when the charges were incurred. Unless you have paid by check, we will bill all
charges automatically to your credit card. Subscription fees will be billed at
the beginning of your subscription and any renewal. As a general matter, all
fees and charges are non-refundable. We reserve the right to issue refunds or
credits at our sole discretion. If we do issue a refund or credit, we are under
no obligation to issue the same or similar refund in the future. Please visit
our Customer Center for more details about our refund policies. We may change
the fees and charges then in effect, or add new fees or charges, by giving you
notice in advance and an opportunity to cancel. If you need to update your
credit card details or you want to use a different credit card, please visit our
Customer Center to make changes. If you believe someone has accessed a Service
using your user name and password without your authorization, please immediately
notify us by contacting our Customer Center. You are responsible for any fees or
charges incurred to access a Service through an Internet access provider or
other service not owned by us.


5. TERM; CANCELLATION AND RENEWAL

5.1 Term and Renewal. This Agreement shall remain in full force and effect while
you use the Services. With respect to Paid Services, your subscription will
renew monthly until it is cancelled in accordance with this Section. With
respect to MarketWatch newsletters, your subscription will renew annually. For
annual subscriptions, we will notify you of the pending renewal of the
MarketWatch newsletter at least 30 days prior to the date of the MarketWatch
newsletter subscription renews, except as otherwise required by law. You must
cancel your subscription before it renews in order to avoid billing of
subscription fees for the renewal term to your credit card unless you pay by
check.

5.2 Cancellation Policy for other subscriptions. We may cancel your subscription
at any time upon notice to you. You may cancel your subscription prior to any
renewal term by following the procedures described in the Cancellation and
Refund Policy on our Customer Center.


6. SUBSCRIPTION POLICIES.

By subscribing to a Service, you are subject to our Subscription policies which
can be found at any time in our Customer Center. Please read these carefully as
they set forth our refund, cancellation and pricing policies and other important
information. We reserve the right to change these policies at any time and you
should refer to them frequently to ensure you are aware of current policies.


7. AVAILABILITY OF SERVICE THROUGH OTHER PLATFORMS; THIRD PARTY PAYMENT SERVICES

7.1 If you access a Service through a mobile application or other type of third
party platform, the applicable End User License Agreement for the mobile service
through which you downloaded the mobile application may apply in addition to the
terms of this Agreement and you agree that you are subject to such application
or platforms terms in addition to this Agreement.

7.2 With respect to Paid Services, we may use a third party not affiliated with
us to process payments for a Service (a “Third Party Processor”). You agree that
this Third Party Processor is solely responsible for controlling, handling,
processing, or fulfilling purchases processed through its systems. When using
such Third Party Processor you may be subject to additional terms of use/service
and privacy policy(ies) of the Third Party Processor.


8. LIMITATIONS ON USE.

8.1 The Services are for your personal and non-commercial use only. Thus, as a
general rule, you may not use the Content, including without limitation, any
Content made available through one of our RSS Feeds, in any commercial product
or service, without our express written consent.

8.2 Only one individual may access a Service at the same time using the same
user name or password, unless we agree otherwise.

8.3 The text, graphics, images, video, artwork, metadata and other data, design,
organization, compilation, look and feel, advertising and all other protectable
intellectual property, including but not limited to any copyrights, trademarks,
service marks, trade names, trade dress, patent rights, or database rights (the
“Content”) available through the Services are our property or the property of
our advertisers and licensors and are protected by copyright and other
intellectual property laws. Unless you have our written consent, you may not
use, sell, publish, distribute, retransmit or otherwise provide access to the
Content received through the Services to anyone, including, if applicable, your
fellow students or employees, with the following exceptions:

8.3.1 You may occasionally distribute a copy of an article, or a portion of an
article, from a Service in non-electronic form to a few individuals without
charge, provided you include all copyright and other proprietary rights notices
in the same form in which the notices appear in the Service, original source
attribution, and the phrase "Used with permission from MarketWatch". Please
consult the Dow Jones Reprints web site at djreprints.com if you need to
distribute an article from a Service to a larger number of individuals, on a
regular basis or in any other manner not expressly permitted by this Agreement.

8.3.2 While you may occasionally download and store articles from a Service for
your personal use, you may not otherwise provide others with access to such
articles except through the Share feature we have included in a Service. These
Share features are intended to allow you to share articles and other Content
from a Service with a few individuals on an occasional basis. They may not be
used to regularly provide other users with access to Content from a Service or
for sharing Content from a
Service with a large number of individuals. In addition, you may not use
articles you have downloaded for personal use to develop or operate an automated
trading system or for data or text mining.

8.4 Additional Restrictions on Use of the Content.

8.4.1 You agree not to rearrange or modify the Content available through a
Service. You agree not to display, post, frame, or scrape the Content for use on
another website, app, blog, product or service, except as otherwise expressly
permitted by this Agreement. You agree not to create any derivative work based
on or containing the Content. The framing or scraping of or in-line linking to
the Services or any Content contained thereon and/or the use of webcrawler,
spidering or other automated means to access, copy, index, process and/or store
any Content made available on or through the Services other than as expressly
authorized by us is prohibited.

8.4.2 You further agree to abide by exclusionary protocols (e.g., Robots.txt,
Automated Content Access Protocol (ACAP), etc.) that may be used in connection
with the Services. You may not access parts of the Services to which you are not
authorized, or attempt to circumvent any restrictions imposed on your use or
access of the Services.

8.4.3 You may not create apps, extensions, or other products and services that
use our Content without our written permission. You may not aggregate or
otherwise use our Content in a manner that could reasonably serve as a
substitute for a subscription to a Service.

8.4.4 Any unauthorized or prohibited use of any Content may subject you to civil
liability, criminal prosecution, or both, under applicable federal, state, local
laws, or applicable foreign laws, rules, regulations and treaties. We require
users to respect our copyrights, trademarks, and other intellectual property
rights and shall enforce the same.

8.4.5 You may not access or view the Services with the use of any scripts,
extensions, or programs that alter the way the Services are displayed, rendered,
or transmitted to you without our written consent.

8.5 You agree not to use the Services for any unlawful purpose. We reserve the
right to terminate or restrict your access to a Service if, in our opinion, your
use of a Service may violate any laws, regulations or rulings, infringe upon
another person's rights or violate the terms of this Agreement.


9. COMMUNITY; USER GENERATED CONTENT.

9.1 User Name. We require you to register to access and use certain of our
community areas. We require that you use your own first and last name as your
user name for these community areas. With certain exceptions, when you register
for these community areas, we will prefill your user name with your own name. It
is your responsibility to choose your password wisely. If you have concerns or
believe that someone is using your password without your authority, please
immediately contact Customer Service. We reserve the right to disclose any
information about you, including registration data, in order to, among other
things, comply with any applicable laws and/or requests under legal process,
protect our property or rights, and safeguard the interests of others, as
disclosed in more detail in our Privacy Policy.

9.2 User Generated Content

9.2.1 User Content. We offer you the opportunity to comment on and engage in
discussions regarding our Content. Any content, information, graphics, audio,
images, and links you submit as part of creating your profile or in connection
with any of the foregoing activities are referred to as "User Content" in this
Agreement and are subject to various terms and conditions as set forth below.

9.2.2 Cautions Regarding Other Users and User Content. You understand and agree
that User Content includes information, views, opinions, and recommendations of
many individuals and organizations and is designed to help you gather the
information you need to help you make your own decisions. Importantly, you are
responsible for your own investment decisions and for properly analyzing and
verifying any information you intend to rely upon. We do not endorse any
recommendation or opinion made by any user. We do not routinely screen, edit, or
review User Content. However, we reserve the right to monitor or remove any User
Content from the Services at any time without notice. If at any time we choose
to monitor the User Content, we assume no responsibility for User Content,
assume no obligation to modify or remove any User Content, and assume no
responsibility for the conduct of any user. We reserve the right to investigate
and take appropriate legal action against anyone who, in our sole discretion,
violates, or is suspected of violating, this Section 9.2.2. You should also be
aware that other users may use our Services for personal gain. As a result,
please approach messages with appropriate skepticism. User Content may be
misleading, deceptive, or in error.

9.2.3 Grant of Rights and Representations by You. If you upload, post or submit
any User Content on a Service, you represent to us that you have all the
necessary legal rights to upload, post or submit such User Content and it will
not violate any law or the rights of any person. You agree that upon uploading,
posting or submitting information on the Services, you grant Dow Jones, and our
respective affiliates and successors a non-exclusive, transferable, worldwide,
fully paid-up, royalty-free, perpetual, irrevocable, sub-licensable right and
license to use, distribute, publicly perform, display, translate, adapt,
reproduce, and create derivative works from your User Content in any and all
media or technology, now known or later developed, in any manner, in whole or
part, with or without attribution, without any duty to compensate you.

You waive all moral rights you may have in any User Content. You agree that we
may modify or alter your User Content without seeking further permission from
you. You also grant us the right to authorize the use of User Content, or any
portion thereof, by subscribers and other users in accordance with the terms and
conditions of this Agreement, including the rights to feature your User Content
specifically on the Services and to allow other subscribers or users to request
access to your User Content, such as for example through an RSS Feed. You agree
that you are financially responsible for any claim against us arising from any
User Content you create.

9.2.4 We may also remove any User Content for any reason and without notice to
you. This includes all materials related to your use of the Services or
subscription, including email accounts, postings, profiles or other personalized
information you have created while on the Services.

9.2.5 Rules of Conduct. All users must comply with the Community Rules.

9.2.6 Copyright Policy. It is our policy to respond to notices of alleged
infringement that comply with the Digital Millennium Copyright Act. For more
information about our policy, please see our Copyright Policy.


10. CONTEST AND OTHER PROMOTIONS

From time to time, we, our advertisers, Suppliers or other parties may conduct
promotions and other activities on, through or in connection with one or more of
the Services, including, without limitation, contests and sweepstakes
(collectively, “Promotions”). In some case, you may be able to win a prize
(“Prize”) as part of a Promotion. Each Promotion may have Additional Terms
and/or Rules or eligibility requirements which shall be posted or otherwise made
available to you in connection therewith in accordance with applicable law.


11. THIRD PARTY WEB SITES, PRODUCTS AND SERVICES

Certain sections of a Service may contain links to, or frame third-party
websites, content, products and services. (collectively, “Linked Content”). Some
of this Linked Content may contain our logo or other branding of ours.
Notwithstanding, your use of any Linked Content does not constitute an
endorsement by us, nor does it incur any obligation, responsibility or liability
on our part or of our affiliates. We do not verify, control or have any
responsibility for the Linked Content, including, without limitation, their
content and privacy practices), and encourage you to read the terms and
conditions and privacy policy on any Linked Content you use.


12. DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON LIABILITY.

YOU AGREE THAT YOUR ACCESS TO, AND USE OF, THE SERVICES AND THE CONTENT, TOOLS,
PRIZES AVAILABLE THROUGH THE SERVICES IS ON AN "AS-IS", "AS AVAILABLE" BASIS. WE
SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, WITHOUT LIMITATION: (A) ANY REPRESENTATIONS OR WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (B) WARRANTIES AGAINST
INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (C)
WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF A SERVICE, (D) WARRANTIES
RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, TIMELINESS OR COMPLETENESS
OF DATA MADE AVAILABLE ON THE SERVICES OR OTHERWISE BY US, INCLUDING ANY ADVICE,
OPINION, STATEMENT, OR OTHER MATERIAL OR DATABASE DISPLAYED, UPLOADED OR
DISTRIBUTED IN THE SERVICES OR AVAILABLE THROUGH THE SERVICES, AND WARRANTIES
OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY
US OR ANY THIRD PARTY. FURTHER, THERE IS NO WARRANTY THAT THE SERVICES WILL MEET
YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON. WE
DO NOT GIVE TAX OR INVESTMENT ADVICE OR ADVOCATE THE PURCHASE OR SALE OF ANY
SECURITY OR INVESTMENT. YOU SHOULD ALWAYS SEEK THE ASSISTANCE OF A PROFESSIONAL
FOR TAX AND INVESTMENT ADVICE. WE MAKE NO WARRANTIES OR REPRESENTATIONS, EXPRESS
OR IMPLIED (A) THAT THE INFORMATION PROVIDED THROUGH THE SERVICES WILL BE FREE
FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM
TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, (B) THAT THE SERVICES WILL BE
AVAILABLE AT ANY PARTICULAR TIME OR LOCATION (C) THAT DEFECTS OR ERRORS IN THE
SERVICES WILL BE CORRECTED, OR (D) THAT THE CONTENT ON THE SERVICES ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION ON THE SERVICES IS SUBJECT
TO CHANGE WITHOUT NOTICE, AND WE DISCLAIM ALL RESPONSIBILITY FOR THE SERVICES.
WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS IN THE SERVICES.

DOW JONES AND ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS,
OFFICERS, EMPLOYEES, ADVERTISERS, SUPPLIERS, CONTENT PROVIDERS AND LICENSORS
("THE DOW JONES PARTIES") WILL NOT BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR
ANY OTHER PERSON AS A RESULT OF YOUR ACCESS OR USE OF THE SERVICES OR SUCH
CONTENT, TOOLS, OR PRIZES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE,
ERROR, TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE FOR INDIRECT,
CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING,
WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS AND LOST REVENUES (COLLECTIVELY,
THE "EXCLUDED DAMAGES"), WHETHER OR NOT CHARACTERIZED IN NEGLIGENCE, TORT,
CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF ANY OF THE DOW JONES PARTIES
HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE
EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A
LIMITED REMEDY. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO
BE UNENFORCEABLE, THEN THE DOW JONES PARTIES' LIABILITY WILL BE LIMITED TO THE
FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.


13. INDEMNIFICATION

You agree to indemnify and hold harmless us, our parent, subsidiaries, and
affiliates, and respective successors and assigns, owners, directors, officers,
managers, employees, shareholders, agents, representatives, advertisers,
operators, suppliers, service providers and licensors, from and against all
losses, expenses, damages and costs, including reasonable attorneys’ fees,
arising in any way out of or in connection with your use of a Service, your
breach or violation of this Agreement or your User Content. We reserve the right
to assume the exclusive defense and control of any matter subject to
indemnification by you and all negotiations for its settlement or compromise
under this Section. In such event, you shall provide us with such cooperation as
is reasonably requested by us.


14. DISPUTE RESOLUTION, AGREEMENT TO ARBITRATE, AND CLASS ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY. THIS SECTION AFFECTS YOUR LEGAL RIGHTS,
INCLUDING YOUR RIGHT TO BRING A LAWSUIT IN COURT.

14.1 BINDING ARBITRATION. Any and all controversies or claims arising out of or
relating to this Agreement or any aspect of the relationship between us, whether
based in contract, tort, statute, fraud, misrepresentation or any other legal
theory, will be resolved by binding, individual arbitration, with the limited
exception of the following: 1) any statutory or common law claim involving
intellectual property, and 2) any claim brought in small claims court where the
amount in controversy is properly within the jurisdiction of such small claims
court (collectively, the “Excluded Claims”). YOUR AGREEMENT TO ARBITRATION
MEANS, EXCEPT FOR THE EXCLUDED CLAIMS, YOU ARE GIVING UP YOUR RIGHT TO FILE A
LAWSUIT IN COURT AND THE RIGHT TO A TRIAL BY JURY. INSTEAD, YOU WILL HAVE A
HEARING BEFORE A NEUTRAL ARBITRATOR.

14.2 WAIVER OF CLASS ARBITRATIONS AND CLASS ACTIONS. YOU AND US (E.G., DOW JONES
& COMPANY, INC. AS PUBLISHER OF MARKETWATCH) AGREE THAT YOU EACH MAY BRING
CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A
NAMED PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, CLASS
ARBITRATION, OR ANY FORM OF REPRESENTATIVE PROCEEDING. YOU AGREE THAT FOR ALL
DISPUTES BETWEEN US THERE WILL BE NO CLASS ARBITRATIONS OR CLASS ACTIONS IN ANY
FORUM. This means that by entering into this Agreement, any arbitration under
this Agreement will take place on an individual basis only and the arbitrator
shall not allow any class arbitrations or class proceedings, and shall not
aggregate claims of multiple parties. This also means that by entering into this
Agreement, independent of the agreement to arbitrate and waiver of class
arbitration, you are giving up the ability to participate in or bring a class
action in court for any and all claims, including but not limited to the
Excluded Claims.

14.3 All arbitrations under this Agreement will be administered by the American
Arbitration Association in accordance with its Consumer Arbitration Rules (the
“Arbitration Rules”). Contact information for the American Arbitration
Association, as well as copies of the Rules and applicable forms, are available
at http://www.adr.org.

14.4 All issues are for the arbitrator to decide, except that issues relating to
the scope, application, and enforceability of the arbitration and class action
waiver provisions are for the court to decide. As noted in Section 15 below, New
York law applies to any arbitration under this Agreement, but the parties
acknowledge that the Federal Arbitration Act governs the interpretation and
enforcement of the arbitration agreement.

14.5 In circumstances in which the Arbitration Rules provide for an in-person
hearing, such hearing will take place in the U.S. county (or parish) of your
residence, or otherwise in the County of New York in the State of New York,
unless you and we both agree otherwise in writing. Payment of all filing,
administration, and arbitrator fees will be governed by the AAA’s rules, except
as follows: if your total Claims seek less than $10,000, we will reimburse you
for filing fees you pay to the AAA to initiate arbitration.

14.6 Judgment on the award rendered by the arbitrator may be entered in any
federal or state court of competent jurisdiction located in the County of New
York in the State of New York.

14.7 To reduce the time and expense of the arbitration, the arbitrator will not
provide a statement of reasons for his or her award unless requested to do so by
both parties.


15. GENERAL

This Agreement contains the final and entire agreement between us regarding your
use of the Services and supersedes all previous and contemporaneous oral or
written agreements regarding your use of the Services. We may discontinue or
change the Services, or their availability to you, at any time. This Agreement
is personal to you, which means that you may not assign or transfer your rights
or obligations under this Agreement to anyone, but may be assigned or
transferred by us without restriction, notice or other obligation to you No
third party is a beneficiary of this Agreement. You agree that this Agreement,
as well as any and all claims and disputes arising from this Agreement will be
governed by and construed in accordance with the laws of the State of New York,
United States of America, without regard to any conflict or choice of law
principles. The sole jurisdiction and venue for Excluded Claims litigation, and
for any other controversy or claim for which arbitration is denied for any
reason, will be an appropriate federal or state court with proper jurisdiction
located in the County of New York in the State of New York. Our failure to
enforce any provision of this Agreement or to respond to a breach by you or
other parties of this Agreement shall not in any way waive our rights to
subsequently enforce any term or condition of this Agreement. This Agreement
will not be governed by the United Nations Convention on Contracts for the
International Sale of Goods. If for any reason an arbitrator or court of
competent jurisdiction finds any provision of the Agreement, or portion thereof,
to be invalid or unenforceable, that provision or portion will be enforced to
the maximum extent permissible so as to give effect to the intent of the
Agreement, and the remainder of the Agreement will continue to be valid and
enforceable in full force and effect.


16. ADDITIONAL TERMS AND NOTICES

We employ cookie technology. Read the Dow Jones Cookie Policy for more
information on our use of cookies.

Certain search engine software licensed to Dow Jones by Verity, Inc.

MARKETWATCH, the MarketWatch logo, and BIGCHARTS are registered trademarks of
Dow Jones.

Dow Jones®, The Dow Jones Averages®, DJX TM, The Dow®, Dow Jones Industrial
Average SM, and DJIA® are trademarks of Dow Jones Trademark Holding LLC.




MOST POPULAR




THERE’S A STRONG POSSIBILITY THAT THE BEAR MARKET IN STOCKS IS OVER AS INVESTORS
HAVE GIVEN UP HOPE


NOVEMBER JOBS REPORT IS MOST IMPORTANT DATA FOR INFLATION THIS YEAR- AND NOT IN
A GOOD WAY


WHICH IS HEALTHIEST — AN ICE-CREAM CONE, A BAG OF FRITOS OR A MULTIGRAIN BAGEL?
THE ANSWER MAY SURPRISE YOU.


TO PAY OFF $127,000 IN DEBT, THESE NEWLYWEDS MOVED IN WITH MOM


DEAR TAX GUY: ‘I’VE ACCUMULATED A LOT OF JUNK.’ I PLAN TO MAKE $6,000 SELLING
STUFF ON EBAY. CAN I PUT IT INTO AN IRA INSTEAD OF PAYING INCOME TAX?


I’M A NEW MOTHER, AND CAN’T AFFORD TO PAY $400 TO ATTEND A FRIEND’S BACHELORETTE
PARTY. ANOTHER FRIEND BACKED OUT. SHOULD I RECONSIDER?


THIS IS THE NO. 1 EXPENSE, BY FAR, FOR RETIREMENT-AGE AMERICANS — AND PROS SAY
IT SHOULDN’T BE


‘IT HAS BEEN A NEARLY CONTINUOUS PLUNGE.’ MY ACCOUNTS ARE DOWN 13% THIS YEAR,
BUT MY FINANCIAL ADVISER HASN’T MADE A SINGLE ADJUSTMENT — AND IS STILL TAKING
HIS 1%. DO I EVEN NEED HIM ANYMORE?


HOW THIS CHEMICAL ENGINEER SLAYED HER SIX-FIGURE STUDENT DEBT


WITH MORE THAN 700 MILLION VIEWS ON TIKTOK, ‘CASH-STUFFING’ IS ONE OF THE
HOTTEST MONEY TRENDS AMONG THE GEN Z SET. BUT PROS SAY THIS ‘EFFECTIVE’ STRATEGY
CAN BE LUCRATIVE FOR MILLIONS OF OTHERS TOO.


PARTNER CONTENT




PARTNER CONTENT




×










 * 
 * 
 * 
 * 


Back to Top

Copyright © 2022 MarketWatch, Inc. All rights reserved.

Subscriber Agreement & Terms of Use | Privacy Notice | Cookie Notice ().

Manage Cookies



 * Facebook
 * Twitter
 * LinkedIn
 * 


 * MARKETWATCH

 * Customer Center
 * Contact Us
 * Newsroom Roster
 * Virtual Stock Exchange
 * BigCharts
 * Copyright Policy
 * Manage Notifications


 * COMPANY

 * Dow Jones
 * Code of Conduct
 * Corrections
 * Reprints & Licensing
 * Digital Self Service
 * Your Ad Choices
 * Corporate Subscriptions
 * Accessibility


 * DOW JONES NETWORK

 * The Wall Street Journal
 * Barron's
 * Financial News London
 * realtor.com
 * Mansion Global

Intraday Data provided by FACTSET and subject to terms of use. Historical and
current end-of-day data provided by FACTSET. All quotes are in local exchange
time. Real-time last sale data for U.S. stock quotes reflect trades reported
through Nasdaq only. Intraday data delayed at least 15 minutes or per exchange
requirements.



Close Trending Tickers bar

TRENDING TICKERS


Higher volume than normal.
 * AVXL $11.60
   30.78% 2.73
 * RMED $4.47
   41.01% 1.30
 * TOPS $4.92
   35.51% 1.29
 * SHPH $2.43
   66.43% 0.97
 * SHLS $24.56
   5.39% 1.26


Search Clear

Search
Advanced Search



SEARCH RESULTS


SYMBOLS

Loading...



No results found





PRIVATE COMPANIES

Loading...




RECENTLY VIEWED TICKERS


NO RECENT TICKERS

Visit a quote page and your recently viewed tickers will be displayed here.

Search Tickers


All News
Articles
Video
Podcasts





AUTHORS


No results found


SECTIONS


No results found


COLUMNS


No results found
×


VIDEO CENTER



×


TIME TO UPGRADE!

This browser is no longer supported at MarketWatch. For the best MarketWatch.com
experience, please update to a modern browser.

Chrome Safari Firefox Edge