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Last Updated: August 18, 2011
1. Terms and Conditions of Service (TCS)
2. Our Service
3. Use of Service - Limited License
4. Scope of Service
5. Disclaimer of Warranties and Limitation on Liability
6. Third-Party Content
7. Automatic Renewal
8. Cancellation/Termination
9. User Code of Conduct
10. User Submissions
11. DMCA and Copyright Infringement
12. Linking Policy
13. Dispute Resolution
14. Miscellaneous Provisions
1. Terms and Conditions of
Service (TCS)
StreetAuthority, LLC ("StreetAuthority") is a
financial publisher. For purposes of these Terms and Conditions
of Service ("TCS"), the term "StreetAuthority" (also "The
StreetAuthority Financial Network," "we," "us") includes
StreetAuthority, LLC and its related companies, subsidiaries,
and brands, including without limitation StreetAuthority.com,
TradingAuthority.com, TopStockAnalysts.com, GlobalDividends.com,
SmallStocks.com, Investor-Update.com, TradeOfWeek.com,
and sub-domains thereto.
Please read these TCS carefully. As a condition
to using the Service, as defined in Paragraph 2 below, you agree
to the TCS. You also agree to our
Privacy Policy.
By using the Service, you affirm that you are at
least 18 years of age and are not a person barred from receiving
the Service under the laws of the United States or other
applicable jurisdiction. You also affirm that you are fully able
and competent to enter into the terms, conditions, obligations,
affirmations, representations, and warranties set forth in the
TCS, and to abide by and comply with the TCS.
StreetAuthority may modify the TCS effective
immediately upon notice to you either by (1) electronic mail or
conventional mail or (2) posting online (which you agree shall
be deemed constructive notice). Your continued use of the site
following notice of any modification to shall be conclusively
deemed an acceptance of all such modification. In the event that
you have the TCS cached on your browser, the TCS that applies to
you is the most recent version of the TCS that appears on a
non-cached browser. We recommend you check the TCS frequently
for changes.
2. Our Service
Through The StreetAuthority Financial Network, we
provide users:
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Free content (articles, reports, commentary,
analysis, newsletter issues) that is written or provided by
our staff, independent contractors, and third-party
publishers that allow us to republish their content (the
"Free Service" or "Free Services"); and
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Paid content (articles, reports, commentary,
analysis, newsletter issues) that is written by our staff
and/or independent contractors paid for by you through a
subscription (the "Paid Service" or "Paid Services"). A list
of our current Paid Services - along with subscription
information - can be found here:
http://www.streetauthority.com/subscribe-premium
The Paid Services and the Free Services are
collectively referred to herein as the "Service," which also
includes any medium through which content is delivered by
StreetAuthority, including without limitation any
StreetAuthority web site.
3. Use of Service - Limited License
The Service is proprietary to StreetAuthority
and, with the exception of User Submissions and Outside Content
as defined below, all content provided through the Service is
copyrighted by StreetAuthority, LLC. Conditioned upon your
compliance with the TCS, you may view the Service, and also
print ONE copy of any content from the Service, solely for your
personal, noncommercial use. Unless you have written
authorization to do so from StreetAuthority, you may NOT make
commercial use of the Service and may NOT reprint, republish or
distribute content available through the Service in any manner,
except through a StreetAuthority tool, such as an "Email"
function or "Forward to Friend" function on a StreetAuthority
site. This prohibition includes, but is not limited to, such
copying as printing copies of StreetAuthority content and
distributing them, downloading any content from the Service,
posting any content from the Service online to the Internet or
any intranet, or cutting and pasting any portion of the Service
and forwarding copied content by email.
To receive certain Free Services and Paid
Services, you must register. Your license to access these
Services is additionally conditioned upon your registration and
your payment of any applicable subscription fees. If you
register, you agree to (a) provide accurate, current, and
complete information about yourself as prompted by the
appropriate registration form, and (b) to maintain and update
your information to keep it accurate, current, and complete. If
you are unfamiliar with how to maintain and update your
information you may inquire with our Customer Service department
through our
Contact Us web page or by telephone at (512) 501-4002. As
part of the registration process, you may also be asked to
select a unique username and password. We may refuse to grant
you a particular username for any reason, at our sole
discretion, including that such a username may impersonate
someone else, be vulgar or offensive, cause confusion, or
violate the rights of any third party. You agree to take all
reasonable steps to maintain the confidentiality of your
username and password, not to share it with anyone else, and to
notify us immediately at the contact information provided above
if you become aware that your username and password have been
compromised in any way, including loss, theft, or unauthorized
disclosure of your user name or password. You agree to pay for
and be responsible for all activities and purchases conducted
through your account.
4. Scope of Service
StreetAuthority is a publisher of financial news
and opinions and NOT a securities broker/dealer or an investment
advisor. You acknowledge that the Service provides general
opinions and analysis of stocks, other investment securities,
and markets, but does not provide personalized investment
advice. You acknowledge that the Service is for general
informational purposes only and does not constitute a
recommendation that any particular investment, security,
portfolio of securities, transaction or investment strategy is
suitable for any specific person. You further agree not to
contact StreetAuthority by any means to attempt to seek
personalized investment advice. StreetAuthority and its
employees and agents will not advise you personally concerning
the nature, potential, value or suitability of any particular
security, portfolio of investments, securities, transaction,
investment strategy or other matter.
While the Service is based on sources believed to
be reliable, we cannot and do not guarantee the adequacy,
accuracy or completeness of any information, the suitability or
profitability of any particular investment, or the potential
value of any investment or informational source. All information
should be independently verified. The opinions provided by the
Service should not be relied upon for purposes of transacting
securities or other investments. You are responsible for your
own investment research and decisions, and may wish to consider
seeking the advice of a qualified securities professional before
making any investment. Moreover, although we may make references
in news or marketing materials to prior articles, reports,
commentary, analysis, newsletter issues or opinions, we disclaim
any obligation, implied or otherwise, to update previously
published information, in whole or part. Markets change, and
previously published information and data may not be current and
should not be relied upon.
To the extent the Service may involve a model portfolio
or an actual "real-money" portfolio of investments upon which
reporting is based, such portfolio of investments is chosen by
the author in accordance with their stated investment opinion(s).
Actual performance results may differ from results reported for
the portfolio for many reasons, including, without limitation:
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model portfolio performance results may not
reflect trading commissions;
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model portfolio performance results do not
account for the impact, if any, of certain market factors,
such as lack of liquidity, that may affect results;
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the investments chosen for any model
portfolio may be volatile, and the amount of time that it
takes for trades to be accomplished may result in a
substantial variance in price; and
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the prices of investments in any model
portfolio may change over time, including without limitation
between the time they were first included in the model
portfolio and the time that any particular user begins
subscribing to the Service.
Certain independent contractors associated with
StreetAuthority may manage money professionally outside of their
role with StreetAuthority. StreetAuthority does not specifically
recommend or endorse their investment ideas or recommendations.
5. Disclaimer of Warranties and Limitation on
Liability
StreetAuthority strives to provide timely news
and informed and expert analysis. However, the Service is
provided "as is." We disclaim all warranties, express and
implied, including the implied warranties of merchantability and
of fitness for a particular purpose with respect to the Service.
We neither warrant nor represent that the services or
information available through this Site will enable you to
achieve any particular result or outcome, legal, economic,
educational, or otherwise. You agree that StreetAuthority, LLC,
its member owners, directors, employees, contract employees,
independent contactors, outside contributors, subsidiaries,
affiliates, advertisers, and agents (together, the "StreetAuthority
Parties") will not be liable for any loss or damage allegedly
caused by your reliance on information obtained in any of our
publications. You are solely responsible for your own investment
decisions. Before selling or buying any stock or other
investment, you should consult with a qualified broker or other
financial professional to verify pricing information. The
StreetAuthority Parties likewise disclaim any and all liability
to you arising out of interruption or damage to your computer
system or software as the result of accessing or otherwise using
the Service. The StreetAuthority Parties will not be liable for
any incidental, indirect, consequential, or special damages of
any kind, including lost revenues, lost profits, or loss of data
arising out of your use of this Service. In the event that any
of the foregoing limitations and disclaimers is ineffective, you
agree that our maximum liability to you shall be the total of
the fees that you have paid to us in connection with your access
to the Service(s). The remedies available to you against the
StreetAuthority Parties under this agreement are exclusive.
You agree to waive any and all rights against the
StreetAuthority Parties and to hold the StreetAuthority Parties
harmless in connection with any claims relating to any action
taken by the StreetAuthority Parties as part of an investigation
of a suspected violation of the TCS, or as a result of a
violation of the TCS, including but not limited to the
suspension or termination of your membership account.
6. Third-Party Content and Advertisers
Certain areas of The StreetAuthority Financial
Network may feature "Outside Content," which is content
identified as or attributed to a party other than
StreetAuthority, including without limitation articles licensed
to StreetAuthority and third-party advertisements. You
understand that Outside Content (information, advertisements,
articles, data, text, images, hyperlinks to non-StreetAuthority
sites, or other materials) displayed on The StreetAuthority
Financial Network are the sole responsibility of the person or
entity who created such content. You acknowledge that
StreetAuthority is not the creator of Outside Content and, as
such, StreetAuthority does not guarantee the accuracy, integrity
or quality of such content.
StreetAuthority also sells paid advertising in an
online medium known as co-registration, where advertisers’
offers are presented to users. You acknowledge that any business
dealings you may have with advertisers found on or through The
StreetAuthority Financial Network, including both free offers
and offers that require payment for the delivery of goods or
services, and any other terms, conditions, warranties or
representations associated with such dealings, are solely
between you and such advertiser. You agree that the
StreetAuthority Parties, as defined above, shall not be
responsible or liable for any loss or damage of any sort
incurred as the result of any such dealings or as the result of
the presence of such third-party advertisers on the Service. We
do not endorse or verify claims made by third-party advertisers
and you may wish to consult with an independent, registered
financial advisor or a licensed broker before buying or selling
any security or investment recommended by an advertiser.
7. Automatic Renewal
Your subscription will continue for the initial
term of the subscription (the "Initial Term"), and will renew
automatically at the end of the Initial Term for successive
Renewal Terms, each equal to the Initial Term, unless you notify
us of your decision to cancel or not to renew your subscription,
as outlined below in Paragraph 8. As described in the initial
subscription process, as part of the Automatic Renewal process
the then-applicable subscription term renewal fee will be billed
to the credit card you designated during the subscription
process (or subsequently changed). However, you will receive a
full refund of your renewal subscription fee if you cancel
within 30 days of your subscription renewal.
8. Cancellation/Termination
You may cancel at any time through the "My
Account" link on the StreetAuthority.com web site or by
notifying our Customer Service Department. You can contact our
Customer Service Department by telephone at (512) 501-4002
Monday through Friday between the hours of 9:30 a.m. and 5:30
p.m. EST. Your cancellation will take effect once you receive a
confirmation email from us. The terms of any refunds of fees for
Paid Services are provided in the various offers for each
product. It is your responsibility to read and understand the
terms of the offer. If you have questions, please call our
Customer Service Department at (512) 501-4002 or email them on
our Contact
Us web page.
StreetAuthority may terminate your access to the
Service at any time at its sole discretion, provided that we
provide a pro rata refund for any Paid Service. However, if
StreetAuthority terminates your access to the Service because
you have violated any provision of the TCS, including without
limitation by seeking to register and cancel multiple times in
an effort to secure access to a Paid Service without paying
applicable subscription fees, you will not be entitled to
receive a refund of any portion of a Paid Service fee paid by
you.
9. User Code of Conduct
While using the Service you agree NOT to do any
of the following:
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use the Service for any unlawful purpose;
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restrict or inhibit any other visitor or
member from using our Service, including, but not limited
to, means of "hacking" or "cracking" or defacing any portion
of any of our Service;
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claim or imply that any statements you make
are endorsed by us without our prior written consent;
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re-subscribe multiple times to the same Paid
Service and then request multiple refunds, or re-register
for multiple subscriptions to the same Paid Service under
different email addresses in order to avoid paying for a
given Paid Service;
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transmit (a) any content or information that
is unlawful, fraudulent, threatening, harassing, abusive,
libelous, defamatory, obscene or otherwise objectionable, or
infringes on our or any third party's intellectual property
or other rights; (b) any material, non-public information
about companies without the authorization to do so; (c) any
trade secret of any third party; (d) any advertisements,
solicitations, investment opportunities, or other
unsolicited commercial communication (except as otherwise
expressly permitted by us); or (e) engage in spamming or
flooding;
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transmit any software or other materials that
contain any virus, worm, time bomb, Trojan horse, or other
harmful or disruptive component;
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modify, adapt, sublicense, translate, sell,
reverse engineer, de-compile or disassemble any portion of
any of The StreetAuthority Financial Network
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remove any copyright, trademark, or other
proprietary rights notices contained within The
StreetAuthority Financial Network;
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"frame" or "mirror" any part of The
StreetAuthority Financial Network without our prior written
authorization;
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use any robot, spider, site search/retrieval
application, or other manual or automatic device or process
to retrieve, index, "data mine," or in any way reproduce or
circumvent the navigational structure or presentation of the
Service or its contents;
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harvest or collect information about The
StreetAuthority Financial Network visitors or members
without express consent; or
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permit anyone else whose account or
subscription was terminated or who has not registered or
paid for our content to use any portion of our Service
through your subscription, username or password.
You also agree that at all times you will:
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comply with all applicable laws, rules and
regulations in connection with your use of the Service and
the content made available therein;
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maintain and promptly update your
registration data to keep it accurate, current and complete.
If you need help maintaining or updating your information,
you can contact our Customer Service Department by telephone
at (512) 501-4002 Monday through Friday between the hours of
9:30 a.m. and 5:30 p.m. EST. You can also email our Customer
Service Department on our
Contact
Us web page
10. User Submissions
You may submit editorial submissions, creative
suggestions, ideas, notes, concepts, information, feedback or
other materials (collectively, "User Submissions") to
StreetAuthority through a variety of media, including without
limitation through e-mail or online submissions. You grant us,
including any of our assignees, a worldwide, non-exclusive,
sub-licensable (through multiple tiers), assignable,
royalty-free, perpetual and irrevocable right to use, reproduce,
distribute (through multiple tiers), create derivative works of,
publicly perform, publicly display, digitally perform, make,
have made, sell, offer for sale and import User Submissions in
any media now known or hereafter developed, for any purpose
whatsoever, commercial or otherwise, without compensation to the
provider of the User Submissions. By providing a User
Submission, you also acknowledge that the User Submission may be
posted online or otherwise reproduced StreetAuthority, and waive
any privacy or publicity rights you may have relating to the
User Submission or use of your name or identity in conjunction
therewith.
StreetAuthority may, at its sole discretion, remove or
prevent access to, in whole or in part, any online User
Submission, for any reason or no reason, including any material
it deems in violation of its standards. The disclaimers
applicable to Outside Content (see Paragraph 6) apply to User
Submissions.
11. DMCA and Copyright Infringement
StreetAuthority has a policy of complying with
the Copyright Act and with the notice and take-down provisions
of the Digital Millennium Copyright Act of 1998 (the "DMCA"). If
you believe that materials hosted by StreetAuthority infringe
your copyright, you or your agent may provide a notice as
provided under the DMCA, including: (a) an electronic or
physical signature of the person authorized to act on behalf of
the owner of the copyright or trademark interest; (b) a
description of the copyrighted work(s) or trademark(s) that you
claim has been infringed; (c) a description of where the
material that you claim is infringing is located on the website;
(d) your address, telephone number, and email address; (e) a
written statement by you that you have a good faith belief that
the disputed use is not authorized by the copyright or trademark
owner, its agent, or the law; and (f) a statement by you, made
under penalty of perjury, that the above information in your
notice is accurate and that you are the copyright or trademark
owner or authorized to act on the copyright or trademark owner's
behalf. If you believe that a notice of copyright infringement
has been wrongly filed, you may submit a DMCA-compliant
counter-notice.
Notices and counter-notices with respect to The
StreetAuthority Financial Network should be sent to Lou
Betancourt, StreetAuthority, LLC, 4601 Spicewood Springs Rd,
Bldg #3, Suite #100, Austin, TX 78759.
We have a policy of terminating the accounts of
repeat infringers. You agree that if your account is terminated
for this reason that you will not attempt to establish a new
account under any name, real or assumed, and further agree that
if you violate this restriction by opening a new account after
being terminated as a repeat infringer that you will indemnify
and hold us harmless for any and all resulting liability that we
may incur.
12. Linking Policy
Except as provided herein, you may display a
hyperlink to any Free Service posted by StreetAuthority, so long
as any site linking to the StreetAuthority Financial Network (a)
does not suggest or imply that StreetAuthority sponsors or
endorses another website(s)'s product, unless StreetAuthority,
LLC has given its prior written consent; (b) does not display
any of our trademarks without prior written consent of
StreetAuthority, LLC; and (c) does not copy any excerpt of
StreetAuthority content, and (d) does not link to
StreetAuthority in proximity to content that may be construed as
distasteful, offensive or controversial. We reserve the right to
withdraw permission to you to link to any Free Service posted by
StreetAuthority for any reason in our sole and absolute
discretion, and in such instance you agree to remove such a
link. You are prohibited from displaying or linking to the Paid
Service unless you receive prior written permission from
StreetAuthority, LLC.
13. Dispute Resolution
The TCS are governed by and construed in
accordance with the laws of the State of Texas, United States of
America, without regard to its principles of conflicts of law.
You agree to personal jurisdiction by the federal and state
courts located in Travis County, Texas, United States of
America, and waive any jurisdictional, venue, or inconvenient
forum objections to such courts. If you are outside the United
States, you further agree that the remedy for any breach of this
agreement involving unauthorized access or other infringement of
our intellectual property rights shall be an award of damages
equivalent to the statutory damages recoverable under the United
States Copyright Act, 17 U.S.C. § 501 et seq.
14. Miscellaneous Provisions
If any provision of the TCS is found to be
unlawful, void, or for any reason unenforceable, then that
provision shall be deemed severable from these TCS and shall not
affect the validity and enforceability of any remaining
provisions. The TCS is not assignable, transferable or
sub-licensable by you except with our prior written consent.
StreetAuthority may transfer or assign this agreement. No waiver
by either party of any breach or default hereunder shall be
deemed to be a waiver of any preceding or subsequent breach or
default. Any heading, caption or section title contained in
these TCS are inserted only as a matter of convenience and in no
way defines or explains any section or provision hereof. This,
together with the StreetAuthority policies referred to herein,
constitutes the entire agreement between us relating to the
subject matter herein and supersedes any prior or
contemporaneous written agreement.
Please contact our customer service team in writing:
Global Dividends
c/o StreetAuthority, LLC
839-K Quince Orchard Blvd
Gaithersburg, MD 20878-1614
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