Investors You Are Responsible For Your Investments_2
Post on: 21 Июнь, 2015 No Comment
What Information Does IBD Collect From You and How is it Used?
HOW WE GATHER INFORMATION FROM YOU
Our collection of information depends on the web page(s) you visit, the services you choose, and the activities in which you elect to participate such as IBD Forums and IBD social media networking sites. We may gather information in ways other than those listed here as our technology progresses.
REGISTRATION
When you register directly with us or through a third-party promotion, we may collect and store any personal information you provide. In order to use certain features and products through our Web site(s), a user must first complete a registration form. During registration, a user may be required to give their contact information (including but not limited to: name, phone number, physical address or email address) and payment information. All users must review and agree to IBD’s Terms of Use. Some of our features and products have additional Terms of Use or Rules that must be reviewed and agreed to prior to completing registration.
PRODUCTS AND SERVICES REQUIRING PAYMENT
Financial information (such as a credit card number and expiration date) is used for billing purposes. If we have trouble processing an order, this information is used to get in touch with the user. This information may be shared with third parties who perform tasks required to complete the purchase transaction.
This site uses cookies that contain both personally identifiable information and non-personally identifiable information in order to improve and enhance the user experience. Cookies are messages placed on your computer or mobile device when you visit a website or page. For example, the messages store information so that our site immediately recognizes you each time you visit. This permits us to personalize our site for each member, allow access to the secure parts of our site that individual members have registered for and provide members with up-to-date information about their own account.
We also use cookies to deliver ads, store visitor preferences, record session information, such as items that visitors add to their shopping cart, record user-specific information on what pages users access or visit, record past activity at a site in order to provide better service when visitors return to our site, customize web page content based on visitors’ browser type or other information that the visitor sends. Additionally, cookies are used to serve ads to logged-in users based on the voluntary information they provide in their Investing Profile.
To remove or update information from your Investing Profile, please do so here (https://www.investors.com/my-ibd/update-investing-profile ). To learn more about the use of cookies by third-party ad serving companies, see Advertisements section below.
If you choose to disable cookies, you may find that certain sections and functionalities of our site and/or mobile platforms will not work properly.
WEB BEACONS
Web beacons, also called web bugs and clear GIFs are used in combination with cookies to help us understand the behavior of our customers. A web beacon is typically a transparent graphic image that is placed on our site or in an email. The use of a web beacon allows IBD to record the simple actions of the user opening the page that contains the beacon.
When a user’s browser requests information from a website in this way, certain simple information can also be gathered, such as: the IP address of your computer; time the material was viewed; the type of browser that retrieved the image; and the existence of cookies previously set by that server. This information is available to any web server you visit. Web beacons do not give any extra information away. They are simply a convenient way of gathering the simplest of statistics and managing cookies.
THIRD PARTIES MAY RECEIVE OR COLLECT INFORMATION THROUGH IBD
Credit Cards: We use a credit card processing company to bill users for goods and services. This company will also perform a card authorization and fraud check, but this company does not retain, share, store or use personally identifiable information for any secondary purposes.
Advertisements: IBD follows the industry’s Self-Regulatory Principles for Online Behavioral Advertising (OBA) located here. We use third-party ad serving companies, including but not limited to: DoubleClick, Inc. Omniture and Opt-Intelligence to serve certain advertisements to you when you visit this Web site.
Third-party ad serving companies and third-party vendors may use anonymous information related to your visit on this site and across multiple web sites over time to better provide advertisements to you about goods and services that may be of interest to you. Third-party ad serving companies do not have access to or use your name, address or telephone number. However, some do receive your user name/email address in order to facilitate their service. In the course of serving advertisements to this Web site, third-party ad serving companies may place or recognize a unique cookie through your browser. In addition, we may use Web beacons, provided by third-party advertising companies, to help manage and optimize our online advertising. Web beacons enable us to recognize a browser’s cookie when a browser visits this site, and to learn which banner ads bring users to our Web site.
Ad Choices: For more information about how advertisers use cookies and to understand your choice not to accept these cookies by opting out,www.networkadvertising.org/choices/. Additionally, you may opt outwww.aboutads.info/choices/
This privacy policy covers the use of cookies by IBD and its affiliates only and does not cover the use of cookies by any advertisers or third party partners who help us serve ads.
IBD uses personal information obtained from its users as stated in this Privacy Policy, and to enhance users’ experiences on our site. We do not share your personal information with others except as indicated in the Privacy Policy or when we inform you and give you an opportunity to opt-out of having your personal information shared.
Authorized Service Providers: We may share your personal information with authorized service providers who perform certain services on our behalf. These service providers may have access to personal information needed to perform their functions but are not permitted to share or use such information for any other purposes
Business Partners and Affiliates: When you make purchases, or engage in promotions offered through the website, we may share personal information with the businesses and/or affiliates with whom we partner to offer you those products, services, and/or promotions. When you elect to engage in a partners or affiliates offer or program, you authorize us to provide your email address and other information to that partner and/or affiliate.
Educational Seminars, Webinars and Live Events (Events): IBD may collect and/or receive information about your registration and/or attendance at one of its Events. IBD may also collect and share your information for and Event offered in conjunction with its partners and sponsors, in which case you will be notified at the point of registration.
IBD may share, sell or rent your name and physical address. However, we will not disclose your email address, phone or fax numbers in our database without your advance permission.
DEVICE INFORMATION
IBD, its partners, and service providers may collect certain information automatically from you when you use IBD Services and apps from any electronic device. Information collected may include the type of device you use, unique device ID, geo-location, wireless mobile subscriber ISDN number, IP address, operating system, browser type, and information about your use of IBD’s Services and apps. IBD may use this information as described in this Privacy Policy in order to provide you with the best experience possible across all devices you may use to access IBD Services. In order to manage the information transmitted from your device, you will need to review the device manufacturer’s support materials or privacy settings for that device.
AGGREGATE INFORMATION
We may use Aggregated Information to identify things such as usage patterns and popularity of certain features on Investors.com. We may share Aggregated Information with our partners and affiliated companies.
IBD FORUMS
We offer our users the option of participating in the IBD Online Communities and Forums discussion boards. Separate registration is required prior to accessing these services. Any information you disclose when posting a message in these Online Communities and/or Forums may become public. For more information about IBD Online Communities and Forums see IBD Forums Rules, Policies and Disclaimers .
COMMUNICATION VIA EMAIL
IBD will not send you marketing messages if you have opted out. IBD reserves the right to send IBD transactional messages and business relationship messages via email to facilitate agreed upon transactions or update customers about existing business relationships. Such emails include, but are not limited to, welcome emails, transaction receipts, billing notification, renewal notices, notification of activation of online privileges, technical support responses, and other communications required to service customers’ accounts on Investors.com and/or customers’ subscriptions with IBD or its affiliates. Customers cannot unsubscribe from these email messages.
IBD, and its affiliates, also make various email series and one-time emails available to the recipients in our database to help them get the most value from our products and services. Such emails include, but are not limited to, newsletters, product updates, educational materials, surveys, special offers from IBD and/or its affiliates as well as special offers sent on behalf of select third parties (IBD partners).
SUBSCRIBING TO AND UNSUBSCRIBING FROM EMAIL
With the exception of the mandatory IBD transactional and business relationship emails mentioned above, at the time of online registration recipients have an opportunity to confirm their email communication preferences. Customers may choose to subscribe to (opt-in) or unsubscribe (opt-out) from any or all of these email communications at will.
To Unsubscribe: Customers may unsubscribe from specific email categories by (1) Clicking the unsubscribe link included at the bottom of any email sent by IBD or its affiliates (2) Sending an email to IBD Customer Service at www.askibd.com or (3) Calling IBD Customer Service at 1-800-831-2525 or outside the United States 1-310-448-6600.
Managing Your Email Preferences: To subscribe to or unsubscribe from any email category, customers may manage their email preferences by (1) Clicking the My IBD link on Investors.com and selecting Update Email Preferences or (2) By clicking on ‘email preferences’ link included at the bottom of emails sent by IBD and its affiliates, (3) Sending an email to IBD Customer Service at www.askibd.com or (4) Calling IBD Customer Service at 1-800-831-2525 or outside the United States 1-310-448-6600.
Updates To Your Customer Profile: When you contact us via email or submit an online request, we may include the contact information you provide to us (i.e. phone number or email) in your customer account profile.
SUPPLEMENTATION OF INFORMATION WITH AFFILIATES
In order to properly fulfill our obligations to our customers, it is necessary for us to supplement the information we receive with information from third-party sources. Also, in order for us to enhance our ability to tailor the site to an individual’s preference, we combine information about the purchasing habits of users with similar information from our affiliates, to create a personalized user profile. When a user makes a purchase from either IBD or its affiliates, the companies collect and share that purchase information with us so we can tailor the site to our users’ preferences.
SITE AND SERVICE UPDATES
We also send the user site and service announcement updates. Members are not able to un-subscribe from service announcements, which contain important information about the service. We communicate with the user to provide requested services and in regards to issues relating to their account via email or phone.
SECURITY
This Web site takes every precaution to protect our users’ information. When users submit sensitive information via the Web site, that information is protected both online and off-line.
When our registration/order form asks users to enter sensitive information (such as credit card number), that information is encrypted and is protected with the encryption software — SSL. While on a secure page, such as our order form, the lock icon on the bottom of Web browsers such as Firefox and Microsoft Internet Explorer becomes locked, as opposed to unlocked, or open, when you are just ‘surfing’. While we use SSL encryption to protect sensitive information online, we also do everything in our power to protect user-information off-line. All of our users’ information, not just the sensitive information mentioned above, is restricted in our offices. Only employees who need the information to perform a specific job (for example, our billing clerk or a customer service representative) are granted access to personally identifiable information. Our employees must use passwords to access this information. Furthermore, ALL employees are required to comply with our security and privacy practices. Finally, the servers that we store personally identifiable information on are kept in a secure environment using commercially reasonable physical, technical and administrative controls to protect the information. However, please remember that no method of electronic storage or transmission over the internet is one-hundred percent secure.
If you have any questions about the security at our Web site, you can contact us at www.askibd.com .
PHISHING
Phishing is a term used to describe a type of Internet scam in which inauthentic emails that appear to be coming from a legitimate source are sent in an attempt to trick you into providing confidential information. These emails usually invoke a sense of urgency and often imply that your account is about to be closed unless immediate action is taken. They will often ask you to click on a link that leads you to a webpage that simulates that of the legitimate source, but is really a page specially designed to get you to input your confidential information such as account number, password, social security number or credit card number. The thieves then use that information to commit fraud and identity theft against you.
The Office of the Comptroller of Currency has set up a website providing information warning consumers about the dangers of these scams and how to protect yourself. To learn more about phishing, please click on the following link: www.occ.gov/consumer/phishing.htm
Please know that Investor’s Business Daily takes the privacy of our subscribers very seriously. If you are ever in question about the legitimacy of an email from IBD, please contact customer service at: (800) 831-2525 or outside the United States 1-310-448-6600. If you believe you have been the victim of a scam, you can file a complaint with the Federal Trade Commission at: www.consumer.gov/idtheft/. If you have any additional questions about the security of our Web site, you can contact us at www.askibd.com .
CORRECTING/UPDATING PERSONAL INFORMATION
Updates To Your Personal Profile: When you contact us via email or submit an online request, we may include the contact information you provide to us (i.e. phone number or email) in your customer account profile. If your personally identifiable information changes (such as your zip code), or if you no longer desire to use our service, you may correct, update or remove your personal data provided to us. This can be done by logging in and clicking the My IBD link, then ‘Update Profile’ on the Investors.com site or you may (1) send an email to IBD Customer Service at www.askibd.com or (2) Call IBD Customer Service at 1-800-831-2525 or outside the United States 1-310-448-6600.
Personal Information You Disclose
Please remember that if you choose to disclose personally identifiable information on our site, such as in IBD Forums or any of IBD’s social media networking sites, it becomes public information and you should exercise caution. This means that your information may be viewed and/or collected and used by third parties without our or your knowledge. Such actions are not under our control and we are not responsible for events arising from your voluntary posting of personally identifiable information.
CHILDREN
IBD and its affiliates do not knowingly collect or solicit Personally Identifiable Information from or about children under 13. If such a situation is discovered, we will delete that information immediately. If you believe IBD has any information about or from a child under 13, please contact us at www.askibd.com .
California Eraser law (S.B. 568): If you are a California resident under 18 years of age and are a registered user of Investors.com, you have the right to request removal of content posted by you in the IBD Online Communities and Forums. To request removal, please email ibdforumsadministrator@investors.com or call us at 800-831-2525.
CALIFORNIA PRIVACY RIGHTS
Pursuant to Californias Shine the Light law, California residents may opt-out of IBDs disclosure of personal information to third-parties for their direct marketing purposes. However, opting out does not prohibit disclosures for non-marketing purposes. You may opt-out by sending an email to IBD Customer Service at www.askibd.com or (2) Calling IBD Customer Service at 1-800-831-2525 or outside the United States 1-310-448-6600.
VISITING OUR WEBSITES FROM OUTSIDE THE UNITED STATES
This Privacy Policy is intended to cover collection of information on our websites and mobile applications from residents of the United States. If you are visiting our websites from outside the United States, please be aware that your information may be transferred to, stored, and processed in the United States where our servers are located and our central database is operated. The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country. Please be assured that we seek to take commercially reasonable steps to ensure that your privacy is protected. By using our services, you understand that your information may be transferred to our facilities and those third parties with whom we share it as described in this Privacy Policy.
Changes to our Privacy Policy
These guidelines are subject to change. All changes will be posted on this page. If the changes are significant we will notify you by email and/or by posting a broadcast notice of the changes on our home page. We encourage you to review our Privacy Policy periodically to remain informed of changes that may have occurred.
Legal Disclaimer
Though we make every effort to preserve user privacy, we may need to disclose personal information. In the event of a sale, merger, public offering, bankruptcy or other change in control of IBD and/or its affiliates, your information may be shared with the person or business obtaining ownership and control. Furthermore, disclosure of personal information may be required by law where we have a good-faith belief that such action is necessary to comply with a current judicial proceeding, a court order or legal process served on our Web site. In such cases, we may raise or waive any legal objection or right available to us. We are not responsible for the privacy practices or the content of any other web sites to which we may link.
ACCEPTANCE OF TERMS OF USE
Last updated June 25, 2014
Welcome to Investors.com presented by Investor’s Business Daily, Inc. Your use of this Service (as defined below) and any materials accessed by You indicates your full understanding and acceptance of the Terms of Use (referred to as Agreement). This Agreement may be updated at any time without notice. Your use of Service is also subject to additional guidelines or rules posted in certain areas of the Service. Investor’s Business Daily, Inc. may also provide products or services that are governed by Supplemental Terms of Use, including, but not limited to: Investors.com stand-alone subscriptions, eIBD, IBD eTables, Top-Rated Stocks Under $10, Leaderboard, IBD Online Communities and Forums, Daily Graphs Online and MarketSmith. These additional guidelines, rules and Supplemental Terms of Use are incorporated into this Agreement as set forth below. Failure to comply in full will result in cessation of access and use privileges and may result in legal actions taken against the offending individuals and organizations at our discretion. We reserve the right to block your access to Service for violation of this Agreement. You agree to review the Agreement periodically to be aware of such modifications. Your continued use of the Service constitutes acceptance of the changes.
DESCRIPTION OF SERVICES
You may use the Investors.com site, digital products and services, contents, IBDmobile sites and applications, (herein referred to as Service) operated by Investor’s Business Daily, Inc. for the purpose of accessing data and information (Data as defined below) which are available, according to strict compliance to Terms and Conditions of Use. Active Investor’s Business Daily, active IBD Monday Special, and active eIBD subscribers are permitted access to certain Subscriber-Only features.
DEFINITIONS
IBD means Investor’s Business Daily, Inc. IBD et al means Investor’s Business Daily, Inc. its affiliates, agents, information providers, and licensors.
The word User(s) means any Person (also referred to as you or yours) visiting Investors.com or holding subscription(s) to or trial(s) of any IBD product.
The phrase Subscriber-Only describes any feature, function, chart, graphic or Data that is made available to Users only through a paid or trial subscription.
The word Person(s) means any natural person, proprietorship, corporation, partnership, or other entity whatsoever.
The word Data means certain data and other information including the written word, instruments, charts, graphs, algorithms, ratings, rankings, products, vehicles or devices, or relating to Persons, or gathered by IBD from other sources.
The word or includes the word and.
The phrase Claims or Losses means any and all liabilities, obligations, losses, damages, penalties, claims, actions, suits, costs, judgments, settlements, and expenses of whatever nature, whether incurred by or issued against an indemnified party or a third party, including, without limitation, (1) indirect, special, punitive, consequential or incidental loss or damage, (including, but not limited to, trading losses, loss of anticipated profits, loss by reason of shutdown in operation or increased expenses of operation, or other indirect loss or damage) and (2) administrative costs, investigatory costs, litigation costs, and auditors’ and attorneys’ and fees and disbursements (including in-house personnel).
Subscription(s) Registering for any Service implies a Subscription. Subscriptions are offered with the option of being billed monthly (every 30 days), quarterly (every 90 days), semi-annually (every 180 days), or annually (every 360 days).
The following trademarks and their corresponding logos are owned by Investor’s Business Daily, Inc. and registered in the United States and other countries: Investor’s Business Daily, IBD, eIBD, CAN SLIM, Leaderboard, Stock Checkup, Stocks On The Move, AskIBD, SmartSelect.
The following trademarks are affiliated with William O’Neil + Company, Incorporated or its subsidiaries: The William O’Neil + Co. 197 Industry Groups, O’Neil Database.
The following trademarks are owned by MarketSmith, Incorporated and registered in the United States and other countries: Daily Graphs, Daily Graphs Online and MarketSmith.
All trademarks used herein are the exclusive property of their respective trademark owners and may not be used in any way without written consent of owner.
USE LIMITATIONS
Some IBD features are limited to the following views and/or retrievals per 24-hour period for each User:
IBD Stock Checkup feature is limited to 300 views and/or retrievals;
IBD Charts feature is limited to 1500 views/and/or retrievals; and
IBD Quotes feature is limited to 1500 views and/or retrievals.
You may not participate in coordinated efforts or group activities with others in order to exceed these use limitations. Failure to comply with these limitations will result in cessation of access and use privileges and may result in legal action against the offending individuals and/or organizations at the discretion of IBD.
FREE TRIALS, SPECIAL AND INTRODUCTORY OFFERS
Free Trial Orders:
If You sign up for a Free Trial to a Service, Your trial subscription will automatically convert into a continuous paid subscription at the end of the Free Trial period unless a cancellation request is received prior to the end of the specified Free Trial period. For details refer to our Cancellation Policy and our Refund Policy. At the discretion of IBD, we may make special offers, promotions or send invitations to participate in a trial that does not automatically convert into a paid subscription and does not require cancellation before the end of said trial. Such offers will include language to this effect. FREE TRIAL RESTRICTIONS: (1) Print and Print-Digital Combo products — You and/or Your household are limited to a TOTAL of two (2) Free Trials during a one (1) year period and no more than one (1) Free Trial may be taken during a consecutive six(6) month period. (2) Digital products on Investors.com — You and/or Your household are limited to a TOTAL of two (2) Free Trials during a one (1) year period and no more than one (1) Free Trial may be taken during a consecutive three (3) month period. IBD reserves the right to immediately terminate Your Free Trial and access to its Services, at any time, if it determines (at its sole discretion) there has been abuse of this Free Trial Restriction policy. Delivery restrictions may apply. All Free Trial Offers are subject to change without prior notification.
Special and Introductory Offers (Offers):
If You sign up for an Offer to an IBD Service, Your Subscription will automatically convert into a continuous paid subscription at the end of the Offer period unless a cancellation request is received prior to the end of the specified Offer period. For details refer to our Cancellation Policy and our Refund Policy. At the discretion of IBD, we may make special or introductory offers, promotions or send invitations to participate in a trial that does not automatically convert into a paid subscription and does not require cancellation before the end of said trial. Such offers will include language to this effect. RESTRICTIONS: You must be a New customer. Offers are available to United States residents only and delivery restrictions may apply. You and/or Your household are limited to one Offer in a twelve (12) month period. IBD reserves the right to immediately terminate Your Offer and access to its Services, at any time, if it determines (at its sole discretion) there has been abuse of these restrictions. All Offers are subject to change without prior notification.
REFUND POLICY
We reserve the right to alter this policy at any time, at our discretion, without prior notification. A pro-rata refund of the unused portion of a current subscription may be granted at our discretion. You are obligated to pay the entire monthly fee for the month of cancellation regardless of when the termination was initiated during the month. Any subsequent refunds from a cancellation will be pro-rated based on a calendar monthly billing cycle regardless of the billing cycle selected during the initial registration, and any billing changes made during Your subscription period for a Service. After receiving a cancellation notice, IBD will promptly process any refund due. Please note: NO CASH/CHECK REFUND MAY BE MADE ON BANK CARD PURCHASES.
AUTO-RENEW AND CANCELLATION POLICY
Subscriptions purchased are auto-renewed at the end of the subscription term. You will not receive renewal reminders prior to being charged for such renewals. Renewal prices are subject to change without notice. In the event that IBD is unable to process Your credit card payment (when applicable), We reserve the right to terminate Your access without prior notice. You may cancel Your subscription at any time and IBD may terminate, or change a Service at any time. Cancellations received for Free Trial subscriptions before the end of the specified trial period will prevent a conversion to billing at the specified monthly or annual rate. All terminations shall be effective immediately upon receipt of notice. Should You object to any terms and conditions of this Agreement or any subsequent modifications or become dissatisfied with a Service in any way, You agree that Your sole recourse is to immediately (1) discontinue use of the Service(s); (2) terminate Your membership; and (3) notify IBD’s Customer Service Department of Your termination. To cancel your subscription, you must notify IBD’s Customer Service Department in writing either by e-mail at eIBDsupport@investors.com or by mail service at PO Box 92042, Inglewood, CA 90099-9375, USA. You may also contact IBD by phone at (800) 831-2525 in the United States, (800) 664-2013 in Canada, and at (310) 448-6600 in other Countries.
PROPRIETARY DATA AND INFORMATION
You acknowledge that Service contains Data that is highly proprietary in nature and that unauthorized copying, transfer or use may cause IBD or its affiliates, agents, information providers, and licensors irreparable injury that cannot be adequately compensated for by means of monetary damages. You agree that any breach of the Agreement may be enforced by IBD by means of equitable relief (including, but not limited to, injunctive relief) in addition to any other available rights and remedies.
LEGAL DISCLAIMER
The information provided by Investor’s Business Daily is not and should not be construed as a solicitation to buy or sell any securities. It has been obtained from sources we believe to be reliable; however, no guarantee is made or implied with respect to its accuracy or completeness. The information and content provided by Investor’s Business Daily are subject to change without notice and Investor’s Business Daily, Inc. its parent company, sister companies, subsidiaries, employees, officers, agents, or representatives may from time to time have long or short positions or may acquire direct or indirect beneficial interest in securities mentioned or those not so mentioned.
DISCLAIMER OF WARRANTIES, TERMS AND LIABILITY
THE DATA AND INFORMATION ACCESSIBLE ON THIS SERVICE ARE PROVIDED AS IS AND THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH INFORMATION AND DATA. IBD ET AL CANNOT AND DOES NOT GUARANTEE THE ACCURACY, SEQUENCE, COMPLETENESS, TIMELINESS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION OR DATA MADE AVAILABLE THROUGH THE SERVICE OR BY ANY FORCE MAJEURE OR ANY OTHER CAUSE BEYOND THEIR REASONABLE CONTROL. IBD ET AL SHALL NOT BE LIABLE TO YOU OR TO ANYONE ELSE FOR ANY LOSS OR INJURY CAUSED IN WHOLE OR IN PART BY ITS NEGLIGENCE, OMISSION IN PROCURING, COMPILING, INTERPRETING, EDITING, WRITING, REPORTING, TRANSMITTING OR DELIVERING ANY INFORMATION OR DATA THROUGH THIS SERVICE OR FOR INTERRUPTION IN ANY SUCH DATA. IN NO EVENT WILL IBD BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE UPON SUCH INFORMATION OR DATA OR FOR ANY CONSEQUENTIAL, SPECIAL OR SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, TRADING LOSSES, DAMAGES RESULTING FROM INCONVENIENCE, OR LOSS OF USE OF THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS SERVICE MAY BE DISCONTINUED OR LIMITED AT ANY TIME.
INDEMNIFICATION
Indemnification: You agree to indemnify and hold IBD, its parents, subsidiaries, affiliates, officers and employees and third-party information providers harmless from and against any and all losses, damages, liabilities, obligations, costs and expenses (including attorney’s fees) resulting or arising from any claim, action or proceeding brought by any third party in connection with or relating to your access to or use of the Service (or the use of the Service by another person using your password) in breach of this Agreement.
USER NAME / PASSWORD PROTECTION
You agree to take all reasonable steps to protect the Service from unauthorized access or use. Upon registering, you will choose a user name and password that will permit you to access the Service. You agree that you will be the sole User of the Service under this Agreement. Your Username/Password are subject to cancellation or suspension by IBD, including upon your misuse of the Username/password in any way. You agree that you will use your best efforts to prevent any third party from obtaining the Username/password, and you will inform IBD immediately of any actual or potential unauthorized access to a Username/password or to the Service.
ACCESS/INTERFERENCE/MODIFICATION/LINKS/FRAMES
You may not frame or utilize framing techniques that involve any trademark, logo, copyrighted material or other proprietary information (including images, text, page layout, or form) of any portion of Investors.com without our express written consent. In addition, you agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through Investors.com, not to use any device, software or routine to interfere or attempt to interfere with the proper working of Service, not to take any action that imposes an unreasonable or disproportionately large load on the IBD infrastructure, and not to use any data mining, robot, spider, crawler, cancelbots, Trojan horse, or any data gathering or extraction method or manual process to facilitate the misuse of Investors.com.
DISSEMINATION DISCONTINUANCE OR MODIFICATION
You understand that, at any time, IBD may discontinue disseminating any category of Data, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics. You shall not hold IBD et al liable for any resulting liability, loss or damages that may arise therefrom. You acknowledge that IBD, in its sole discretion, may from time to time make modifications to its system, the Service, or Data.
COPYRIGHT/REDISSEMINATION PROHIBITED
All of the information, content, services and software displayed on, transmitted through, or used in connection with Investors.com, including for example IBD Stock Checkup, IBD Charts, guides, news articles, opinions, reviews, text, photographs, images, illustrations, html, source and object code, software, data, and the like (collectively, the Content), as well as its trade dress, layout, presentation, selection and arrangement, is owned by IBD, and its affiliated companies, licensors and suppliers. IBD actively protects its rights to the Content to the fullest extent of the law. You may not use such material except as provided in this Agreement.
Dow Jones and Dow Jones IndexesSM are service marks of Dow Jones Trademark Holdings, LLC (Dow Jones), have been licensed to CME Group Index Holdings LLC (CME) and have been sublicensed for use for certain purposes by IBD. IBD’s products based on the Dow Jones IndexesSM are not sponsored, endorsed, sold or promoted by Down Jones, CME or their respective affiliates and Dow Jones, CME and their respective affiliates make no representation regarding the advisability of investing in such product(s).
The NYSE Short Interest Data is proprietary to and distributed by The New York Stock Exchange under license agreement.
The S&P 500 data is the property of Chicago Mercantile Exchange, Inc. and its licensors. All rights reserved.
Any use of Dow Jones, Dow Jones Indexes, NYSE Short Interest Data and S&P 500 data is solely for your personal, non-commercial use pursuant to IBD’s Terms and Conditions of Use. Any redistribution of the data is strictly prohibited.
Exchange data provided by BATS Global Markets, Inc. is provided under license agreement. By using the Investors.com site and Service, You are agreeing to be bound by the BATS Subscriber Agreement and that:
cdn.batstrading.com/resources/membership/Subscriber_Agreement.pdf
b. IBD as a Data Recipient/Vendor (i) is not an agent of BATS Global Markets, Inc.; (ii) is not authorized to add to or delete any terms of provision from the BATS Global Markets, Inc. Subscriber Agreement; and (iii) is not authorized to modify any provision of the BATS Global Markets, Inc. Subscriber Agreement; and
c. no provision has been added to or deleted from the BATS Global Markets, Inc. Subscriber Agreement and that no modifications have been made to it. You warrant that You are legally able to undertake the obligations set forth in the Subscriber Agreement and agree to be bound by the terms of the BATS Global Markets, Inc. Subscriber Agreement.
DURATION/SURVIVAL
This Agreement remains in effect for so long as you have the ability to receive Data as contemplated by this Agreement. Paragraphs INTELLECTUAL PROPERTY NOTICES, PROPRIETARY DATA AND INFORMATION and DISCLAIMER OF WARRANTIES, TERMS AND LIABILITY survive termination of this Agreement. If any of the provisions of this Agreement, or application thereof to any Person or circumstance, shall to any extent be held invalid or unenforceable, the remainder of this Agreement, or the application of such terms or provisions to Persons or circumstances other than those as to which they are held invalid or unenforceable, shall not be affected thereby and each such term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.
Natural persons executing this Agreement warrant and represent that they are at least eighteen (18) years of age. Users and the Person executing this Agreement on behalf of any User that is a proprietorship, corporation, partnership or other entity, represent that such Person is duly authorized by all necessary and appropriate corporate or other action to execute the Agreement on behalf of User. This Agreement shall be deemed to have been made in the United States in Los Angeles, California and shall be construed and enforced in accordance with, and the validity and performance shall be governed by, the laws of California, without reference to principles of conflicts of laws thereof. User hereby consents to submit to the jurisdiction of the courts of or for Los Angeles, California in connection with any action or proceeding instituted relating to this Agreement.
Under the penalties for perjury, you understand that by using the Service, You certify that You have read and understand the above and agree to the terms and conditions.
In addition, your use of any of these services: Investors.com, eIBD, IBD eTables, Leaderboard, Top-Rated Stocks Under $10, CAN SLIM Masters Program, Daily Graphs Online, MarketSmith, The William O’Neil + Co. 197 Industry Groups PDF or IBD Online Communities and Forums and any materials accessed therein indicates your full understanding and acceptance of the Terms of Use for that service, and indicates your full understanding and acceptance of our Investors.com Terms & Conditions Of Use. See below to review the corresponding Agreements and Supplemental Terms of Use for these services.
SUPPLEMENTAL TERMS OF USE AND SUBSCRIPTION AGREEMENTS
TERMS OF USE AND SUBSCRIPTION AGREEMENT FOR Investors.com, eIBD, IBD eTables, Leaderboard, and Top-Rated Stocks Under $10
These Supplemental Terms, along with the Investors.com Terms of Use Agreement, govern your use of each of the following Services as operated by Investor’s Business Daily, Inc: Investors.com, eIBD, IBD eTables, Leaderboard, and Top-Rated Stocks Under $10. You agree to review the Agreement periodically to be aware of any changes. Your continued use constitutes acceptance of the changes.
ACCEPTANCE OF TERMS AND CONDITIONS
Use of Investors.com, eIBD, IBD eTables, Leaderboard, or Top-Rated Stocks Under $10 and any materials accessed herein provides sufficient evidence of full acceptance by You of both the Investors.com Terms of Use Agreement and these Supplemental Terms of Use. Failure to comply in full will result in cessation of access and use privileges and may result in legal action taken against the offending individual(s) and organization(s) at the discretion of IBD. We reserve the right to block access to a service for anyone who violates our Terms of Use Agreements.
SUBSCRIPTION AND SECURITY
When You subscribe, You will fill out our registration form that requires various information about You. You are responsible for providing accurate subscription registration information and of updating it as required. IBD reserves the right to change or revoke Your User name, as it deems necessary. You are also responsible for maintaining the confidentiality of Your password. IBD may store the information provided by You in the registration process, and provide aggregate statistical information about Users to potential advertisers and other publications. IBD may use the information provided by You to inform You about other publications, products and services. For more details, see our Privacy Policy.
Subscriptions: Registering for any Service implies a Subscription. Subscriptions are offered with the option of being billed monthly (every 30 days), quarterly (every 90 days), semi-annually (every 180 days), or annually (every 360 days).
TERMS AND TERMINATION
Registering for a Service may imply an ongoing subscription based on Your selected Service, billing frequency and term. Your registration may constitute advanced consent to receive and pay for the subscription in the future on a continuing basis, without further consent, until You or IBD cancel the subscription. For details, refer to our Cancellation Policy and our Refund Policy.
Online Orders: If You order a paid subscription to any of our Services through our online process, Your subscription will automatically renew and continue until terminated by IBD or until You notify IBD of Your cancellation. You may cancel Your subscription at any time. For details, refer to our Cancellation Policy and our Refund Policy.
Mail Orders: If You order a paid subscription to any of our Services by mailing in an order coupon to IBD, Your subscription will lapse at the end of the subscription term and will not automatically renew unless You have affirmatively checked the box indicating auto-renew on the order coupon. In the event You checked the auto-renew option, Your subscription will continue until terminated by IBD or until You notify IBD of Your cancellation. You may cancel Your subscription at any time. For details, refer to our Cancellation Policy and our Refund Policy.
Inbound Call Center Orders: If You order a paid subscription to any of our Services as a result of Your placing a telephone call to IBD, Your subscription will automatically renew and continue until terminated by IBD or until You notify IBD of Your cancellation. You may cancel Your subscription at any time. For details, refer to our Cancellation Policy and our Refund Policy.
Outbound Sales Call Orders: If You order a paid subscription to any of our Services as a result of an outbound telephone sales call, Your subscription will lapse at the end of the subscription term. It will not automatically renew. To continue your subscription, please call Investor’s Business Daily at (800) 831-2525. During the subscription term, You may cancel at any time. For details, refer to our Cancellation Policy and our Refund Policy.
CHANGES TO A SERVICE OR THE AGREEMENT
IBD may, at any time, change or discontinue any aspect or feature of a Service, including content, hours of availability, and equipment and software needed for access or use. You agree to be bound by future revisions of this Agreement. It is Your responsibility to visit the Terms of Use link at the bottom of Investors.com homepage periodically to review the most current terms and conditions. IBD may also impose limits on certain features and services or restrict Your access to parts or all a Service without notice or liability.
REFUND POLICY
We reserve the right to alter this policy at any time, at our discretion, without prior notification. A pro-rata refund of the unused portion of a current subscription may be granted at our discretion. You are obligated to pay the entire monthly fee for the month of cancellation regardless of when the termination was initiated during the month. Any subsequent refunds from a cancellation will be pro-rated based on a calendar monthly billing cycle regardless of the billing cycle selected during the initial registration, and any billing changes made during Your subscription period for a Service. After receiving a cancellation notice, IBD will promptly process any refund due. Please note: NO CASH/CHECK REFUND MAY BE MADE ON BANK CARD PURCHASES.
AUTO-RENEW AND CANCELLATION POLICY
Subscriptions purchased are auto-renewed at the end of the subscription term. You will not receive renewal reminders prior to being charged for such renewals. Renewal prices are subject to change without notice. In the event that IBD is unable to process Your credit card payment (when applicable), We reserve the right to terminate Your access without prior notice. You may cancel Your subscription at any time and IBD may terminate, or change a Service at any time. Cancellations received for Free Trial subscriptions before the end of the specified trial period will prevent a conversion to billing at the specified monthly or annual rate. All terminations shall be effective immediately upon receipt of notice. Should You object to any terms and conditions of this Agreement or any subsequent modifications or become dissatisfied with a Service in any way, You agree that Your sole recourse is to immediately (1) discontinue use of the Service(s); (2) terminate Your membership; and (3) notify IBD’s Customer Service Department of Your termination. To cancel your subscription, you must notify IBD’s Customer Service Department in writing either by e-mail at eIBDsupport@investors.com or by mail service at PO Box 92042, Inglewood, CA 90099-9375, USA. You may also contact IBD by phone at (800) 831-2525 in the United States, (800) 664-2013 in Canada, and at (310) 448-6600 in other Countries.
TERMINATION DUE TO BREACH
Without limiting the foregoing, IBD has the right to immediately terminate Your account in the event that You breach this Agreement. If Your account is terminated, You are and will remain responsible for all charges incurred up to the time of termination.
IBD ONLINE COMMUNITIES AND FORUMS; Rules, Policies, and Disclaimers
IBD Online Communities and Forums are designed to facilitate the free exchange of ideas regarding specific investment related topics. For discussion purposes only, you may post copyrighted material owned by yourself, or owned by Investor’s Business Daily, Inc. or Daily Graphs Online, if you are a paid subscriber to Investor’s Business Daily, eIBD, Investors.com, or Daily Graphs Online. Due to the real-time nature of the IBD Online Communities and Forums, it is impossible for us to review all messages or confirm the validity of all information posted. Please note that we may or may not actively monitor the contents of posted messages and are not responsible for the content of any messages posted. In no instance does IBD or its affiliated companies endorse content or claims contained in the posted messages. The messages in the IBD Online Communities and Forums express the views of the author of the message, not necessarily the views of IBD or any entity affiliated with IBD. IBD does not make investment recommendations. Information posted by subscribers on IBD Online Communities and Forums should not be used as a substitute for independent research, and should not be relied on to trade or make investment decisions. Occasionally, a staff member may participate in the IBD Online Communities and Forums. In such case, we will clearly identify the participant as an IBD staff member.
CONTENT POSTED BY YOU
By submitting a username and password on any IBD Online Community and/or Forum registration page, you agree to be bound by the Investors.com Terms of Use as well as the Supplemental Terms set forth herein (collectively Terms of Use).
IBD does not claim ownership of any content submitted by you. However, by posting content to public areas of Investors.com, you grant us, our parent, affiliates, and distributors a worldwide, royalty-free, perpetual, non-exclusive and fully transferable and sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display comments you post, in whole or in part, throughout the world.
REMOVAL OF POSTS/MESSAGES
Any user who feels that a posted message is objectionable is encouraged to contact us immediately by e-mail at ibdforumsadministrator@investors.com. We have the ability to remove objectionable or violative messages. If it is determined that removal is necessary, we will make every effort to do so within a reasonable time frame. This is a manual process, however, so we may not be able to remove particular messages immediately.
California Eraser law (S.B. 568): If you are a California resident under 18 years of age and are a registered user of Investors.com, you have the right to request removal of content you posted in the IBD Online Communities and Forums. To request removal, please email ibdforumsadministrator@investors.com or call us at 800-831-2525.
RESTRICTED ACTIVITIES
You agree, through your use of this service, that your activities on the site shall not:
• be false, inaccurate or misleading;
• infringe on any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
• violate any law, statute, ordinance or regulation;
• be defamatory, vulgar, hateful, obscene, profane, libelous, unlawfully threatening or unlawfully harassing;
• contain advertisements, chain letters, pyramid schemes, commercial messages, auctions, or solicitations;
• contain any viruses, impose an unreasonable or disproportionately large load on the investors.com infrastructure, and not use any data mining, robot, spider, worms, time bombs, crawler, cancelbots, Trojan horse, or any data gathering or extraction method or manual process that may damage, detrimentally interfere with or intercept any system, data or personal information; and
• create liability for use or cause us to lose the services of our ISPs or other suppliers.
Violations of IBD Forums’ policies will result in the termination of your account.
DISCLAIMER
IBD Online Communities and Forums, and related companies are not responsible for the accuracy, errors, or omissions of any information posted on the IBD Online Communities and Forums, including hyperlinks appearing in the IBD Online Communities and Forums, and are not responsible for any trading or investment decisions based on such information. The U.S. Securities and Exchange Commission recognizes the growing possibility of Cyberfraud. Please refer to www.sec.gov/investor/pubs/cyberfraud.htm for further information, or to the SEC’s main website at www.sec.gov or the National Association of Securities Dealers, Inc. at nasd.com.
Although the IBD does not and cannot review all the messages posted and is not responsible for the content of any of these messages, IBD reserves the right to delete any message for any or no reason whatsoever, including but not limited to excessive use of copyrighted material or excessive self promotion. IBD reserves the right to determine what constitutes excessive related to message removal. We do not guarantee or warrant the accuracy, completeness or usefulness of any message, and are not responsible for the contents of any message. You remain solely responsible for the content of your messages, and you agree to indemnify and hold harmless IBD and all affiliates with respect to any claim based upon transmission of your message(s). Any personal information you post in the IBD Online Communities and Forums becomes public information. You should exercise caution when deciding to disclose any personal information. IBD and related companies are not responsible for any events or damages arising from your disclosure of personal information in the IBD Online Communities and Forums.
PRIVACY
www.ftc.gov/os/1999/10/64fr59888.pdf for further information.
The Subscription Terms listed below govern Your access and use of MarketSmith, Daily Graphs Online and William O’Neil + Co. 197 Industry Groups PDF via the Investors.com site.