Last updated: January 2013
The Investools Website is owned or controlled by Investools Inc. ("Investools"), although software, hosting and other functions and content may be provided by Investools service providers or other companies affiliated with Investools or by companies that are merely in a business relationship with Investools.
I. Permission to Use Investools Website.
If Investools provides you with an access identification number, you may not allow concurrent use of the Investools Website by multiple users utilizing identical user identification numbers, or allow another person or entity to use your user identification number to access the Investools Website.
You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or similar technological devices or programs, that access the Investools Website in a manner that sends more request messages to the Investools servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Investools grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Investools reserves the right to revoke these exceptions either generally or in specific cases, in its sole discretion.
You agree not to collect or use any personally identifiable information ("Personal Information") from the Investools Website, nor use the communication systems provided by the Investools Website for any commercial solicitation purposes, including without limitation to solicit any users of the Investools Website.
You agree not to (a) interfere with or disrupt the Investools Website or any Investools Website servers or networks or (b) intentionally or unintentionally violate any applicable local, state, national or international law, including, without limitation, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, NYSE Euronext or the NASDAQ, and any regulations having the force of law.
II. Ownership and Intellectual Property Rights.
You may not remove, alter or obscure any copyright, legal or proprietary notice in or on any portion of the Investools Website. You agree to not circumvent, disable or otherwise interfere with security related features of the Investools Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Investools Website or the Content therein. You will not allow or assist any third party (whether or not for your benefit) to copy or adapt any object code associated with the Investools Website or reverse engineer, modify or attempt to discover any source code associated with the Investools Website.
III. Rules of Conduct.
The Investools Website, including without limitation the Community, is designed to help you get insight, exchange ideas and connect online with other beginning and advanced investors. We want the Investools Website to be a friendly, informative and safe place for all of our users.
By using the Investools Website, you are responsible for conducting yourself in compliance with all applicable laws, rules and regulations, and agree to abide by the following Rules of Conduct:
Your use of the Investools Website is permitted solely for your personal, noncommercial use. The Investools Website may not be used to solicit business or promote your business ventures or to promote the businesses of any third party, or to allow competitors of Investools or its affiliates to solicit for their businesses. Specifically:
IV. Access to the Community.
In order to participate in the Community, you will need to register for an account. You agree to: (a) create only one (1) account, which you may not share with anyone else; (b) provide accurate, truthful, current and complete information when creating your account; (c) maintain and promptly update your account information; (d) maintain the security of your account by not sharing your password with others and restricting access to your account and your computer; (e) promptly notify Investools if you discover or otherwise suspect any security breaches relating to the Community or Investools Website; and (f) take responsibility for all activities that occur under your account and accept all risks of unauthorized access.
The Community is an English language online community geared towards users of Investools products that were purchased in the United States for use in the United States. The Community is governed by United States law. Although persons in other countries are welcome to participate in the Community, the topics and discussion are intended for use by persons in the United States.
Your invitation to participate in the Community is personal and non-transferable. If you register with us, you agree to be responsible for any activities that occur under your account or password, and you agree you will not sell or otherwise transfer your membership or any membership rights, and you hereby release Investools from any and all liability that may arise in connection with your participation in the Community. We may refuse to grant to you, and you may not use, a screen name or email address that is already being used by someone else, impersonates another person, belongs to another person (without that person's prior consent), violates the intellectual property or other rights of any person, is offensive for any reason, or that we reject for any other reason at our sole discretion. You may have only one screen name. You are responsible for maintaining the confidentiality of your password, and you will be held liable for all activities that occur under your screen name. You will notify Investools if your member name or password has been lost, stolen, or used by another person. If you become aware of any unauthorized use of your password or of your account, you agree to notify Investools immediately at email@example.com.
Even though the Community is only open to authorized members, it should not be deemed a confidential community. Therefore, do not post or otherwise make available anything you would not want others to see in public. Also note that other members of the Community can follow, communicate or connect with you once you start participating in the Community, so your profile and what you say and what you post will be disclosed to others and we have no control over how other participants in the Community will use the information you post or otherwise make available to the Community.
V. Postings on the Community.
Due to the interactive nature of postings on the Community portion of the Investools Website, we are unable to assume responsibility for any of the materials posted by users. The ideas, suggestions, opinions, comments, and observations made by users, and any text, data, files, avatars, designs, contest submissions, photographs, images, likenesses, video, music, sound, voice recordings, chat, messages, files, biographical information or other material posted (all of which are referred to as "Postings") are not endorsed by Investools, and we make no guarantee regarding the reliability, accuracy, or quality of any Posting. Your Posting may be available for all other users to view and download.
You acknowledge that you will evaluate and bear any risks related to your use of any Posting, including any reliance on the accuracy, completeness, or usefulness of such Posting. All Postings to the Community are the sole responsibility of the person who originally posted the Posting, and your sole recourse for any damage you may suffer as a result of Postings shall be to such individual. Investools expressly disclaims any and all liability in connection with Postings.
By submitting the Postings to the Community, you hereby grant Investools a worldwide, irrevocable, non-exclusive, perpetual, royalty-free, sub licensable, and transferable right and license to use, reproduce, distribute, prepare derivative works of, display, and perform the Postings in connection with the Community and/or Investools Website and Investools™ (and its successor's) business, including without limitation for promoting and redistributing part or all of the Community and/or Investools Website (and derivative works thereof) in any media now known or hereafter developed, and may grant additional ownership or other rights as set forth in additional rules or other documents that govern certain aspects of your use of the Community and/or Investools Website. You authorize Investools to publish your Posting in a searchable format that may be accessed by users of the Community and/or Investools Website. Except as prohibited by law, you waive any moral rights you may have in any Posting you submit, even if such Posting is altered or changed in a manner not agreeable to you.
You further perpetually and irrevocably grant Investools the unconditional right to use, disseminate and display your name, persona and likeness included in any Posting and in connection with any Posting without any obligation or payment to you.
You agree that Investools has no obligation to monitor or enforce your intellectual property rights to your Postings but has the right to protect and enforce its rights to use your Postings. You further acknowledge and agree that Investools will not have any obligation to you with regard to Postings and that Investools may or may not monitor, display or accept your Postings and may delete them at any time and you may have no right to access or control any Postings that you provide once you provide it.
VI. Monitoring and Enforcement.
You are solely responsible for your interaction with other users of the Investools Website, whether online or offline. We are not responsible or liable for the conduct of any user. Exercise common sense and your best judgment in your interactions with others, when you submit or post any personal or other information, and in all other online activities.
Investools may record and monitor any telephone or electronic communication for quality assurance purposes.
VII. Content is for Informational Purposes; Not Investment Advice.
The information shared by Community members is for informational purposes ONLY. Such information is not meant to be financial or investment advice of any kind.
The results described in Community member testimonials are not indicative of the results individual investors may generally expect to achieve. Users should not expect to experience similar results.
NEITHER INVESTOOLS NOR ANY THIRD PARTY HAS VERIFIED THE TRUTH OR ACCURACY OF THE RESULTS OR EXPERIENCES DESCRIBED IN THESE TESTIMONIALS.
Trading securities and other financial instruments can involve high risk and the loss of all amounts invested. Trading securities and other financial instruments on margin or with other forms of leverage or borrowings can result in losses in excess of the amount invested. Investment related information provided by any member of the Community may not be appropriate for many investors, and is provided without respect to individual investor financial sophistication, financial situation, investing time horizon, or risk tolerance. Such information is for general information purposes only. None of such information is meant to constitute financial or investment advice.
VIII. Links to Third Party Sites.
The Investools Website, or communications you receive from the Investools Website, may contain links to third party websites or online features that are not owned, controlled, or endorsed by Investools. Investools has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH OTHERS FOUND THROUGH THE INVESTOOLS WEBSITE INCLUDING, WITHOUT LIMITATION, THE PAYMENT AND DELIVERY OF PRODUCTS AND SERVICES, AND ANY TERMS, CONDITIONS, WARRANTIES AND REPRESENTATIONS ASSOCIATED WITH ANY SUCH DEALINGS, ARE SOLELY BETWEEN YOU AND THE THIRD PARTY. By using the Investools Website or participating in the Community, you specifically release Investools from any and all liability arising from your use of any third party website.
Constructive feedback regarding Investools services can be submitted to firstname.lastname@example.org.
Feedback regarding the Investools website, its use or application can be submitted to email@example.com.
The Community is not an appropriate environment to express concerns about Investools, its partners, affiliates or services. Postings on the Community message board do not constitute notice to Investools for any purpose. No one in the Community is authorized to provide official responses to questions on behalf of Investools. To make a formal complaint regarding the Community, send a signed written letter of complaint to:
Your letter of complaint must:
X. Procedure for Reporting Copyright Infringements.
In accordance with the Digital Millennium Copyright Act of 1998 (the "DMCA"), Investools has a designated agent for receiving notices of copyright infringement and Investools follows the notice and take down procedures of the DMCA. If you are a copyright owner or an agent thereof and believe that any content on the Investools Website, including the Community, infringes upon your copyrights, you may submit a notification pursuant to the DMCA by providing our Designated Agent with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail):
If you are the content provider and you believe that your content that was removed or to which access was disabled is either not infringing, or you believe that you have the right to post and use such content from the copyright owner, the copyright owner's agent, or pursuant to the law, you must send a counter-notice containing the following information to the Designated Agent:
If a counter-notice is received by the Designated Agent, Investools may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Investools™ discretion.
Please send your notice of claims of copyright infringement or counter-notices to Investools™ Designated Agent to at the following mailing or email address:
It is often difficult to determine if your intellectual property rights have been violated or if the DMCA requirements have been met. We may request additional information before we remove any infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your content along with that of the alleged infringer pending resolution of the matter. Investools will provide you with notice if your materials have been removed based on a third party complaint of alleged infringement. We have a policy of terminating the accounts of users who (in our reasonable discretion) are repeat infringers.
XI. Your Personal Information.
By registering, using the services (including submitting Postings), or emailing us, you will be supplying us with "personal information." We collect this to administer and help you use the services, send you a password, contact you about Postings, and keep in touch with you. Your screen name will be visible to other users, and when you register for the Community, you can chose whether your user profile and email address will be also be visible to other users. You can access and update your personal information in the Profile section of the Community site.
XII. Delays in Services; Force Majeure.
Any delays in or failure of performance by Investools or any of its licensors, service providers or service sponsors (including its and their officers, directors, employees, affiliates, agents, representatives and subcontractors) shall not give rise to any claims for damages, or any loss or liability, if and to the extent caused by interruptions due to electronic or mechanical equipment failures, telephone interconnect problems, defects, or occurrences beyond Investools' control, including but not limited to acts of governmental authority, weather, fire, floods, explosions, acts of God, strikes or other concerted acts of workers, riots, armed conflicts, acts of war, or sabotage. Investools shall have no responsibility to provide you access to the Investools Website while interruption of the Investools Website due to any such or similar cause shall continue.
XIII. Equipment and Operation.
You are responsible for providing and maintaining all telephone and other equipment necessary to access the Investools Website, and the costs of any such equipment and/or telephone connections or use, including any applicable taxes, shall be borne solely by you. You shall pay Investools for your use of the Investools Website, and be billed in accordance with your access to the Investools Website. You are responsible for operating your own equipment and for familiarity with the information (e.g., calculations and reports) used with or available through the Investools Website. Investools reserves the right to refuse assistance or to charge additional fees if you seek assistance from Investools with respect to such basic background information or any other matters not directly relating to the operation of the Investools Website. Neither Investools nor its licensors shall have any responsibility to provide you with alternate access to the Investools Website if your access is interrupted due to a breakdown or failure of your equipment.
XIV. Linking Policy.
XV. Warranty Disclaimer.
FURTHER, INVESTOOLS AND ITS LICENSORS DO NOT REPRESENT OR WARRANT:
YOU ARE SOLELY RESPONSIBLE FOR ALL DECISIONS MADE BY YOU IN CONNECTION WITH SUCH DATA, INFORMATION AND RESULTS, AND FOR VERIFYING THE ACCURACY OF SUCH DATA, INFORMATION AND RESULTS FROM INDEPENDENT SOURCES.
XVI. Limitation of Liability; Disclaimer of Consequential Damages.
NONE OF INVESTOOLS NOR ANY OF ITS AFFILIATES SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS, DAMAGE, LIABILITY, COST OR EXPENSE SUFFERED OR INCURRED IN CONNECTION WITH THE USE OF OR PARTICIPATION IN THE COMMUNITY, THE INVESTOOLS WEBSITE OR ITS CONTENT.
YOU ACKNOWLEDGE AND AGREE THAT INVESTOOLS WILL USE REASONABLE EFFORTS TO ASSURE THAT NO VIRUSES OR PROGRAMS WITH SIMILAR FUNCTIONS OPERATE ON, OR ARE PASSED THROUGH THE INVESTOOLS WEBSITE OR THE ACCESS SOFTWARE. HOWEVER, YOU HEREBY ASSUME ALL RESPONSIBILITY (AND HEREBY HOLD INVESTOOLS HARMLESS) FOR DETECTING AND ERADICATING ANY VIRUS OR PROGRAM WITH A SIMILAR FUNCTION ON YOUR COMPUTER EQUIPMENT, BY WHATEVER MEANS YOU DEEM MOST APPROPRIATE FOR YOUR NEEDS.
XIX. Export Control.
Software related to or made available by the Investools Website may be subject to United States export controls. Thus, no software from this Website may be downloaded, exported or re-exported: (a) into (or to a national or resident of) any country to which the U.S. has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading any software related to this Investools Website, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list. You are responsible for compliance with the laws of your local jurisdiction regarding import or export of the Investools Website and access software.
You will comply fully with all applicable export and import sanction laws, rules, and regulations of the United States and all other relevant jurisdictions ("Export/Import Laws"), including ensuring that neither Investools™ intellectual property nor any direct product thereof or any intellectual property of a third party is: (a) exported or imported, directly or indirectly, in violation of the Export/Import Laws; (b) disclosed to any non-U.S. national in the United States in violation of the Export/Import Laws (e.g., unauthorized "deemed exports"); or (c) intended to be used for any purposes prohibited by the Export/Import Laws, including, without limitation, nuclear, chemical, or biological weapons proliferation. Vendor shall indemnify, defend, and hold Investools harmless from and against any claims, demands, fines, sanctions, damages, or costs arising out of your violation of this section of the Agreement.
XX. No Conflicting Terms.
XXI. Governing Law; Limitations; Venue.
XXIV. Entire Agreement.