Terms of Use

Please read the following carefully before using this website.

Chopper Trading LLC (sometimes referred to as “Chopper Trading,” “we” or “us”) owns and operates this website (the “Site”). Your use of the Site is subject to the following Terms of Use, as they may be modified from time to time (the “Agreement”).

1. Binding Agreement

This Agreement constitutes a legally-binding agreement between you and Chopper Trading. You acknowledge that you have read and understood this Agreement. If you use the Site you agree to be bound by all of the provisions of this Agreement. You acknowledge that this Agreement is supported by valuable and reasonable consideration, including your ability to use the Site.

We reserve the right to modify this Agreement at any time, without advance notice, by posting revised Terms of Use on the Site. The “Effective Date” at the top of this page shows the date this Agreement was last revised, and any modified Agreement will likewise show its Effective Date. It is important that you read this Agreement carefully and check the Site regularly for any modified Agreement. Your continued use of the Site after the Effective Date of a modified Agreement signifies your acceptance of any changes in the Agreement. If you do not agree with anything in this Agreement (including any changes), you must immediately cease use of the Site.

2. Provision of the Site by Chopper Trading

Chopper Trading allows access to the Site only as the Site may exist and be available from time to time. Chopper Trading has no obligations with respect to the Site, except as expressly stated in this Agreement. Chopper Trading may establish or from time to time modify its practices and policies concerning use of the Site, with or without notice. Chopper Trading also may modify, discontinue or refuse access to the Site, in whole or in part, at any time and remove any content available through the Site, with or without notice.

3. Your Use of the Site

You agree to use the Site only for your own personal, noncommercial purposes and only in accordance with Applicable Law. Without limiting the foregoing, you agree not to do, or assist or encourage anyone else to do, any of the following with or through the Site:

Post, upload, email or otherwise make available or transmit (“Post”) any content, or links to any content, that is fraudulent, deceptive, misleading, libelous, defamatory, discriminatory, hateful vulgar, obscene, sexually explicit, abusive, threatening, harassing, harmful, illegal, invasive of privacy or publicity rights or otherwise objectionable, or that may constitute or encourage illegal activity, violate the rights of any person or entity or otherwise give rise to liability or violate any applicable law;
Post any content that infringes or violates any right of a third party (including a copyright, patent, trade secret, trademark or other intellectual property right) or that you otherwise do not have a right to make available under any law or contractual or fiduciary relationship (including inside information and proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
Impersonate any other person;
Overburden, interfere with, place an unreasonable load on, damage, or otherwise interfere with the proper working of the Site;
Post or activate any viruses, worms or other potentially damaging computer programs or files;
Attempt to gain unauthorized access to the Site; and
“Frame” or otherwise alter, redistribute or simulate the appearance or function of the Site.

We make no representation that the Site is appropriate or available for use in locations outside the United States. If any material on this Site, or your use of the Site, is contrary to law by virtue of the place where you are when you access this Site, your use of the Site is prohibited.

You must provide and are responsible for all equipment and software necessary for you to access the Site.

If you submit any information to us through the Site or by email to an address we make available on this Site, you grant us a nonexclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable, transferable license to reproduce, create derivative works of, distribute, perform, display, disclose and otherwise use such information for any purpose.

4. Site Content

We are not responsible if information we make available on this Site is not accurate, complete or current. The information on this Site is provided for general informational purposes only and should not be relied upon without independently evaluating it. You agree that you bear all risks associated with the use of the Site and any information available on or through the Site. We reserve the right to modify the contents of the Site at any time, but we have no obligation to update any information on the Site.

5. Rights to Content

The design and layout of the Site, all content available on the Site, and the software used to power the Site are proprietary to Chopper Trading or its licensors and may be protected by copyright, trademark, patent and/or other laws. Chopper Trading and the Chopper Trading logo are trademarks of Chopper Trading. The names of any other companies, products or services referenced herein may be the trademarks of their respective owners.

You are granted no rights with respect to the Site by virtue of this Agreement or your access to the Site except for a limited license to view the content of the Site as displayed in the ordinary operation of the Site using ordinary internet browser functionality for your own personal, noncommercial purposes, and to use ordinary internet browser functionality to download or print a reasonable number of copies of reasonable portions of such content for such purposes; provided that you keep intact any copyright and other proprietary notices and make no modifications to such content. Any high-volume or automated extraction of content from the Site is prohibited. This license grants no other rights to reproduce, modify, create derivative works of, distribute, republish, transfer, sell, display, frame, perform, broadcast, mirror or otherwise transmit any content of the Site without the prior written permission of Chopper Trading. You agree not to engage in any such conduct except as authorized in a separate written agreement or by law.

6. Links to Other Sites

The Site may contain links to other websites. We have not necessarily investigated these other sites and are not responsible for their content, including any advertising thereon. Other sites may have different policies and practices that we do not control, are not responsible for, and do not endorse. We have no responsibility or liability for these independent sites, policies or practices. If you follow any link on the Site, you do so at your own risk. References to any other company imply no endorsement or affiliation.

7. Copyright

We respect the copyrights of others. We will remove allegedly infringing content from the Site upon receipt of proper notice pursuant to the provisions of applicable law, and we have adopted a policy of terminating in appropriate circumstances any accounts of users who are repeat infringers. If you believe that any content on the Site violates any copyrights you own, please send a notification of claimed infringement pursuant to 17 U.S.C. ยง 512(c) to our copyright agent [name] at [email], or you may contact our copyright agent as follows:

Address:
Telephone:
Facsimile:

8. DISCLAIMER

YOU UNDERSTAND AND AGREE THAT CHOPPER TRADING MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS SITE OR ITS CONTENT, WHICH ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CHOPPER TRADING DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, ACCURACY, COMPLETENESS, SECURITY, COMPATABILITY, RELIABILITY, OR OTHERWISE, WITH RESPECT TO THIS SITE, ANY SITE TO WHICH IT IS LINKED AND ANY PRODUCTS OR SERVICES SOLD THROUGH OR RECOMMENDED BY THIS SITE, AND THE USE OR THE RESULTS OF THE USE OF ANY CONTENT OBTAINED THROUGH THE SITE. CHOPPER TRADING DOES NOT WARRANT THAT THE SITE OR ANY CONTENT WILL BE ERROR-FREE, THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES, WORMS OR OTHER POTENTIALLY DAMAGING COMPUTER PROGRAMS OR FILES. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO YOUR USE OF THIS SITE AND THE CONTENT OF THE SITE IS ASSUMED SOLELY BY YOU. MOREOVER, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

9. LIMITATION OF LIABILITY

YOU AGREE THAT CHOPPER TRADING, ITS AFFILIATES, LICENSORS AND CONTRACTORS, AND THE RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES AND AGENTS OF THE FOREGOING (“CHOPPER TRADING PARTIES”) SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, INCIDENTAL OR OTHER DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SITE OR ANY OTHER INJURY, DAMAGE OR LOSS TO YOU, YOUR COMPUTER OR SOFTWARE, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, NEGLIGENCE OR OTHER CAUSE OF ACTION, OR FOR ANY CLAIM MADE AGAINST YOU BY ANY OTHER PARTY, WHETHER ARISING FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAILS, ERRORS, DEFECTS, VIRUSES OR OTHER MALICIOUS CODE, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, EVEN IF CHOPPER TRADING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ALSO AGREE THAT UNDER NO CIRCUMSTANCES WILL CHOPPER TRADING PARTIES BE LIABLE IN ANY WAY FOR YOUR USE OF THE SITE OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED OR OTHERWISE MADE AVAILABLE THROUGH THE SITE. TO THE EXTENT THAT THE FOREGOING MAY BE UNENFORCEABLE UNDER APPLICABLE LAW, YOU AGREE THAT IN NO EVENT SHALL CHOPPER TRADING PARTIES BE LIABLE TO YOU FOR ANY CLAIM RELATING TO THE SITE IN AN AMOUNT GREATER THAN ONE HUNDRED DOLLARS. MOREOVER, UNDER NO CIRCUMSTANCES SHALL CHOPPER TRADING PARTIES BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL.

10. Indemnification

You agree to defend, indemnify and hold harmless Chopper Trading Parties from and against any and all claims, damages, losses, liabilities, expenses and costs, including reasonable attorneys’ fees and court costs, relating to or resulting from your use of the Site or any violation of this Agreement by you. You agree to use your best efforts to cooperate with us in the defense of any such claim. Notwithstanding the foregoing, we reserve the right, at our own expense, to employ separate counsel and/or assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

11. Disputes; Arbitration

Any controversy or claim arising out of or relating to the Site or this Agreement, or the breach thereof, shall be irrevocably submitted to arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules then in effect, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof; provided that we may elect to pursue against you in any court of competent jurisdiction claims that you have infringed the intellectual property rights of Chopper Trading, and any other claims that we may wish to pursue against you simultaneously with such infringement claims. The arbitration shall be conducted in Chicago, Illinois. You agree the arbitrator shall not have authority to award any damages excluded by Section 8 above, or to consider any claims you may have against Chopper Trading together with claims of other users of the Site. YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SITE MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES OR SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

12. Miscellaneous

The Terms shall be governed by and construed in accordance with the laws of the State of Illinois, without giving effect to any principles of conflicts of law. If any provision of this Agreement shall be deemed unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions of this Agreement and shall not affect the validity and enforceability of the remaining provisions. The Section titles in this Agreement are for convenience only and have no legal or contractual effect. You may not assign or delegate any rights or obligations under this Agreement, and any purported assignment or delegation shall be ineffective. Chopper Trading may freely assign or delegate its rights and obligations under this Agreement. Chopper Trading may also substitute for Chopper Trading, by way of unilateral novation, any third party that assumes Chopper Trading’ rights and obligations under this Agreement. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries of this Agreement. No representations, statements, consents, waivers or other acts or omissions by any Chopper Trading Party shall be deemed legally binding on a Chopper Trading Party, unless documented in a physical writing hand signed by a duly authorized officer of the Chopper Trading Party. No waiver of any provision of this Agreement shall be deemed a further or continuing waiver of such provision or any other provision, and Chopper Trading’ failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. In this Agreement, the word “including” is used illustratively, as if followed by the words “but not limited to.” This Agreement constitutes the entire agreement between you and Chopper Trading with respect to its subject matter, and supersedes any previous agreement between you and Chopper Trading with respect to the same subject matter.

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