NOTE: Because this service is designed around the sharing of information related to the stock market, users should pay particular attention to Sections 1, 9, 10, 11, 14, 15, 22, 23, 25. Additionally, we have highlighted in bold language of central importance to this User Agreement. Of course, before registering with and using our service, you are required to read and agree to all the provisions of the entire User Agreement and a decision to read only certain sections does not exempt you from each and every obligation under this User Agreement.
For your convenience, we have numbered each section in this User Agreement and have provided a Table of Contents with headlines linked to each section. The entire User Agreement appears just below this table and all you need to do to access it is simply continue to scroll until you get to the end of the document. Before registering with and/or using our service, you must certify that you have read, understood and agreed to this User Agreement.
Thank you for your time, patience and diligence in reading this User Agreement. We look forward to your participation as a productive, cooperative and civil member of our community. 1. AGE RESTRICTION—YOU MUST BE 18 YEARS OF AGE OR OLDER TO ACCESS OUR SITE AND/OR USE OUR SERVICE
InvestorVillage™ sites, products and services are intended for people old enough to make their own financial decisions and are not intended for an audience of persons under the age of 18. By accessing our site and/or using our service, you certify that you are at least 18 (eighteen) years of age and you represent and warrant that you have the right, authority and capacity to enter into this User Agreement and to abide by all of the terms and conditions of this User Agreement. 2. THE TERM “USER” DEFINED
When appearing in this User Agreement, the term “USER” includes REGISTERED MEMBERS as well as AUTHORIZED & UNAUTHORIZED NON-MEMBERS. 3. REGISTRATION & MEMBERSHIP OBLIGATIONS
Members may maintain only one active membership with the Service. By accepting this User Agreement, you warrant that you have no other membership with the Service. When you register with our service, you agree to provide accurate information about yourself and to update your personal registration information as needed. If you provide false or otherwise deceptive registration information, InvestorVillage™ has the right to suspend or terminate your account. 4. PREMIUM SERVICE
Membership and Billing 5. ONE ALIAS POLICY
You can find the specific details regarding your membership with InvestorVillage at anytime by clicking on the “account details" link, located within the “My Account” section of the InvestorVillage website.
We encourage the use of our service through free trials. Free trials last for seven (7) days for eligible new subscribers. To view the specific details regarding your free trial, if any, click on the "My Account" link located at the top of every InvestorVillage website page and then click the “account details" link.
Free trials are only available to first time customers of the InvestorVillage service and cannot be combined with any other offer. Only one free trial may be redeemed per registered member and only one account may be registered per person. You must have Internet access and a valid credit or debit card ("Payment Method") to accept a free trial offer. By registering for a free trial, you authorize InvestorVillage to charge your Payment Method for one month or one year of service (depending on whether you select the Monthly or Yearly Plan), but no charges will be made against the Payment Method if you cancel the service prior to the end of the seven-day free trial membership period (although, in some instances, your available balance or credit limit may be reduced to reflect the authorization). If you do not cancel the service before the end of the free trial membership period, we will continue providing service on a monthly or yearly basis, with all fees charged to your Payment Method, until either you or we cancel or terminate the service.
We will begin billing your Payment Method for monthly or yearly membership fees corresponding to your membership plan (plus any applicable tax) at the end of your free trial membership period unless you cancel prior to the end of your free trial. To view the specific details of your membership plan, including price and end date of your free trial period, click the "account details" link on the "My Account" page. You will not receive a notice from us that your free trial membership has ended or that your paying membership has begun. YOU MUST CANCEL PRIOR TO THE END OF YOUR FREE TRIAL TO AVOID CHARGES TO YOUR PAYMENT METHOD. CLICK THE "My Account" LINK AT THE TOP OF ANY INVESTORVILLAGE WEB PAGE FOLLOWED BY THE ACCOUNT DETAILS LINK FOR CANCELLATION INSTRUCTIONS. We will continue to bill your Payment Method on a monthly or yearly basis for your membership plan until you cancel. You may cancel your membership at anytime. To view the details of your specific membership plan, click the "account details" link on the "My Account" page. We reserve the right to modify, terminate or otherwise amend our offered membership plans. Unless otherwise stated differently, the words "month" or "monthly" and "year" or "yearly" refer to your billing cycle (See "Billing" below).
By starting your InvestorVillage membership, you are expressly agreeing that we are authorized to charge a monthly or yearly membership fee, or a one-time charge in the case of a Lifetime Membership fee, plus any applicable tax and any other charges you may incur in connection with your use of the InvestorVillage service, to the Payment Method you provided during registration (or to a different Payment Method if you change your account information). As used in this User Agreement, "billing" shall indicate either a charge or a debit, as applicable, against your Payment Method. We will automatically bill your Payment Method each month or year on the calendar day most closely corresponding to the commencement of your membership. You acknowledge that the amount billed each month or year may vary from month to month or year to year for reasons such as promotional offers, variable services (i.e. services for which you may have elected to pay on a per use basis) and changes in the amount of applicable sales tax. You hereby authorize us to charge your Payment Method for such varying amounts, without prior notice to you. We may also, from time to time, change the fees and charges in effect for your membership plan, or add new fees and charges, but we will give you advance notice of these changes, either by email or by posting on our website. Such changes will be deemed accepted by you unless you elect to discontinue your membership. All fees and charges are nonrefundable and there are no refunds or credits for partially used periods. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance. If you want to use a different Payment Method or if there is a change in your credit card validity or expiration date, you may edit your Payment Method information by clicking on the “My Account” button available at the top of the pages of the InvestorVillage website and then clicking on the "account details" link. If your Payment Method reaches its expiration date, your continued use of the service constitutes your authorization for us to continue billing that Payment Method and you remain responsible for any unpaid amounts.
Your InvestorVillage membership will continue in effect unless and until you cancel your membership or we terminate it. You must cancel your membership before it renews each month or year in order to avoid billing of the next month's or year's membership fees to your Payment Method.
You may cancel your membership to InvestorVillage at anytime, and cancellation will be effective immediately. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIODS. To cancel, click the words "Cancel My Membership" on the "account details" page in the “My Account” section of the website.
We reserve the right to terminate your account at any time for any or no reason.
A. GENERAL TERMS, CONCEPTS & PROVISIONS 7. MEMBER ACCOUNT, PASSWORD AND SECURITY B. HOW & WHEN WE COLLECT INFORMATION ABOUT YOU
(i.) Protecting Your Privacy Remains a Top Priority for Us
As has been the case since we first launched our service over a dozen years
ago, protecting the privacy of our site users remains a top priority for Investor
Consistent with this guiding principle we pledge:
to be TRANSPARENT about how we collect, store
and use your personal information;
to keep your personal information SAFE and
SECURE to the best of our ability;
to provide you with meaningful CHOICES and CONTROLS
regarding data about you that we collect, store and use;
and to keep our privacy policies, practices and
procedures UP-TO-DATE and COMPLIANT with all pertinent laws and regulations.
(ii.) Your Consent
Each time you visit our website for any reason, you consent
to the data collection, use, disclosure and storage practices described in this
to be bound by the terms described in this policy statement, please DISCONTINUE
USE of our site immediately.
time. We will announce material changes
to this policy by prominently displaying a notification on our Home Page and at
top of each of our message boards.
access or use our Services or otherwise interact with us to stay informed about
our information and the ways we can work together to help protect your privacy.
effect, you consent to the revised policy.
(iv.) Questions, Comments or Concerns?
If you have questions, comments or concerns about our privacy policies
and procedures (including your rights with respect to your data), you are
welcome to email us any time at firstname.lastname@example.org,
or call us toll free at 888-222-7309, or mail us at P.O. Box 1489, Marrero, LA
(v.) Types of Information We Collect
PERSONALLY IDENTIFIABLE INFORMATION (or “PII”) is information that is directly
linked to and/or can be used to identify an individual person. Such data includes things like a person’s full
name, home address, telephone number, or email address.
NON-PERSONALLY IDENTIFIABLE INFORMATION (or “Non-PII”) is information
that, so long as it is not combined with PII, cannot be used to identify
an individual person, such as IP address, browser type, operating system,
domain name, access dates and times, referring website addresses, online
transactions and browsing and search activities.
(vi.) Information Security
We employ a variety of security measures, including HTTPS, SSL and TLS, encryption
technologies, administrative procedures and physical safeguards to help protect
against unauthorized access to and disclosure, alteration or destruction of
customer information we collect and store, as well as to help protect against
its loss, theft or misuse.
While we regularly monitor our systems for possible
vulnerabilities and attacks and make every commercially reasonable effort to
protect your data, we cannot warrant the security of any information that you
send us. There is no guarantee that data may not be accessed, disclosed,
altered, or destroyed by breach of any of our physical, technical, or
managerial safeguards. You acknowledge and assume this risk when communicating
with Investor Village.
(vii.) Data Retention
We retain personal data only for as long as necessary to provide the services
you have requested and thereafter for a variety of legitimate legal or business
purposes. These purposes might include retention periods:
- mandated by law, contract or similar obligations
applicable to our business operations;
for preserving, resolving, defending or
enforcing our legal/contractual rights; or,
needed to maintain adequate and accurate
business and financial records.
(viii.) Third-Party Advertising
If you have any questions about the security or retention of
your personal data, you can contact us at email@example.com.
We use third-party advertising companies to serve ads when you visit our websites. These companies may use information (not including your name, address, email address or telephone number) about your visits to this and other websites in order to provide advertisements about goods and services of interest to you. If you would like more information about this practice and to know your choices about not having this information used by these companies, click here: http://www.networkadvertising.org/consumer/opt_out.asp (ix.) Registered, Logged-In Members Are Not Anonymous
Once you register with Investor Village and log in to our services, you should be aware that you are not anonymous to us and your online activity and behavior can be monitored. Of course, we trust that you will be on your best behavior when interacting with other registered members of our community and when posting information to our site and we do not therefore anticipate any reason for this to be a problem for anyone. (x.) Message Board Posts, Private Messages & Member Profiles
If you choose to post messages on our message boards and/or send private messages to other members and/or add information about yourself to your Member Profile, you should be aware that any personally identifiable information you submit can be read, collected, or used by other users of these forums, INCLUDING NON-MEMBER USERS in public areas of our site. Such information could be used to send you unsolicited messages. We are not responsible for the personally identifiable information you choose to publish on our site.
(xi.) Links to Third-Party Websites & Content
Investor Village contains links to websites and content, including
advertisements, operated and maintained by third parties over whom we have no
control. We encourage you to review the privacy policies of any third-party
websites you may visit before sharing your personal information with them. We are not responsible for the content or privacy
practices of any such third-party sites.
(xii.) “Do Not Track” Notifications
Most modern web browsers give you the option to send what is
known as a “Do Not Track” signal to the websites you visit, indicating that you
do not wish to be tracked. However, to date there is no industry accepted
standard for how a website should respond to this signal and, as is the case
with many websites and online services, we do not take any action in response
to this signal. Instead, in addition to publicly available third-party tools,
we offer you the choices described in this policy to manage the collection and
use of information about you. To find out more about “Do Not Track,” you may
wish to visit www.allaboutdnt.com.
(xiii.) Web Analytics
We use web analytics tools provided by third-party service partners, such as
Google Analytics, to collect information about how you interact with our website,
including what pages you visit, what site you visited prior to visiting our
website, how much time you spend on each page, what operating system and web
browser you use and network and IP information.
We use the information provided by these tools to improve our Services.
These tools place persistent cookies in your browser to identify you as a
unique user the next time you visit our website. Each cookie cannot be used by
anyone other than the service provider (e.g., Google in the case of Google
Analytics’ cookies). The information collected from the cookie may be
transmitted to and stored by these service partners on servers in a country
other than the country in which you reside. You may manage the use and collection of certain information by Google Analytics here.
Though information collected does not include personal data such as name,
address, billing information, etc., the information collected is used and
shared by these service providers in accordance with their individual privacy
policies. You can control the technologies we use by managing your individual browser settings or using third-party tools, such as Disconnect, Ghostery and
(xiv.) Targeted Ads
Targeted ads or interest-based offers may be presented to you based on your
activities, such as product searches or purchases made on our webpages and on other
websites. These offers will display as
varying product banners presented to you while browsing.
We also partner with third parties to manage advertising on our
webpages. Our third-party partners may
use technologies such as cookies to gather information in order to provide you
with advertising based upon your browsing activities and interests, and to
measure advertising effectiveness.
You may generally opt out of receiving personalized advertisements
from certain third-party advertisers and ad networks. To learn more
about these advertisements or to opt out, please visit the websites of
the Digital Advertising Alliance and the Network Advertising Initiative.
Please note: even if you opt out of interest-based ads, you will
continue to receive generic ads (unless of course you are logged into an ad-free Premium Member account, during which time you will be served no ads).
(i.) We Collect Information You Voluntarily Provide to Us
Examples of situations where you may voluntary share your personal information
with us include, but are not limited to, the following:
When you register with our service, you choose to provide certain personal information
requested by us, which may include your full name, address, e-mail address,
telephone number. If you choose to purchase
a paid subscription service (e.g., a “Premium Membership”), you will be
required to provide billing and other payment information.
When you request assistance from our customer support team or
otherwise communicate with us via chat, phone or email, you may provide us with
contact information, such as your email address or phone number.
(ii.) We Employ Browser-Based & Other Technologies that May Passively or Automatically Collect Data About You
Data about your usage of our services is automatically
collected when you use and interact with our services. Such data may include metadata, log files,
cookie/device IDs and location information. This information includes your Internet
Protocol (IP) address, browser type and settings; the date and time our services
were used by you; information about your browser configuration and plugins; and
information about devices accessing our services, including type of device,
what operating system is used, device settings, application IDs, unique device
identifiers and error data.
By visiting our service, whether as a registered user or
otherwise, you acknowledge and agree that you are giving us your consent to
track your activities and your use of our service through the technologies
a variety of technologies, such as HTML cookies, Flash cookies, scripts, web
beacons and pixel tags, used to identify browsers and track browsing activity.
With each of these technologies, a small (text) file is placed by a web server
on the device visiting the website or service. For convenience, these
Investor Village may store cookies on your device for the
To allow you to navigate our website, use our
services, and access secure areas of the site. Without these cookies, it is not
possible to load or offer key functionalities on our website, such as logging
in to your account, displaying dynamic elements or uploading information;
For statistical purposes and to analyze and improve
the use and performance of our services; and
To provide our site users with interest-based
advertising (the ability to opt out of such advertising is further described in
Our website and services may use both session cookies (which
expire once you close your web browser) and persistent cookies (which stay on
your device until you delete them).
Most web browsers are set up to accept cookies. You may be
able to set your browser to warn you before accepting certain cookies or to
browser, some features of the Services may be difficult to use or inoperable.
To learn more about “cookies” & cookie management, click here.
C. HOW & WHY WE USE THE INFORMATION WE COLLECT
We and our partners limit our use of your personal
information to only those uses:
D. WHEN and WHY WE MAY SHARE or DISCLOSE INFORMATION ABOUT YOU
(i.) for which you have given us permission;
(ii.) as necessary to deliver the services you purchase or interact with; or,
(iii.) as we might be required or permitted for legal compliance or other lawful
These uses include:
1. to provide our services to you;
2. to communicate with you about our services or your registered Investor
3. to respond to your inquiries and provide administrative notices to you as we
deem necessary in our sole discretion;
4. to enforce the legal terms (including without limitation our policies and
terms of service) that govern your use of our services;
5. to provide technical support for the Services,
6. to prevent fraud or potentially illegal activities (including, without
limitation, copyright infringement) on or through our services;
7. to protect the safety of our Users,
8. to customize or personalize ads, offers and content made available to you
based on your visits to and/or usage of our services or other online or mobile
websites, applications, platforms or services, and analyze the performance of
those ads, offers and content, as well as your interaction with them,
9. to perform analysis regarding how you use the Services or any part thereof;
10. to send emails on your behalf to your designated recipients, in the event
you use our “e-mail a friend” tool.
Investor Village does not rent, sell or share personal information about you except on an as-needed basis and under the following narrowly-tailored circumstances:
(i.) Provision of Services & Ordinary Course of Business
We may share personal information about you with our employees, contractors, affiliates and carefully selected partners on a need-to-know basis and subject to strict confidentiality and non-disclosure agreements:
(1) to enable third-party service providers to assist or facilitate in the services we provide to our customers;
(3) to protect the safety of members of the public and users of our service;
(4) with vendors, administrative service providers, technology providers, and carefully selected partners for services including, but not limited to, data validation, enhancement, information verification and suppression services; or
(5) for any other purpose for which you provide consent.
(ii.) Law Enforcement & Other Legal Matters
We may disclose personal information about our members in response to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims.
(iii.) Change of Control or Ownership
We may transfer some, or all, of your Information if we, or one of our business units, undergoes a business transition, such as a merger, acquisition by another company, or sale of all or part of our assets, or if a substantial portion of our, or of a business unit's, assets is sold or merged in this way.
E. UPDATING or DELETING YOUR PERSONAL DATA
F. INTERNATIONAL TRANSFER of PERSONAL DATA
If you maintain an active password-protected account within
our service, you should be able to login to review personal information appearing
in your account. Where online account
tools are readily available, you may be able to directly update or delete
personal information appearing in your account.
If, for whatever reason, you are unable to edit or delete certain personal data yourself, you may request our assistance in any of the following
To make your request via email, please send your email correspondence to: firstname.lastname@example.org
To make your request via the postal service, please address your correspondence
P.O. Box 1489
Marrero, LA 70073
You may also call us toll-free at 888-222-7309 during
regular business hours. If no one is
available to take your call, please leave a detailed voice message and someone
will attend to your issues within a commercially reasonable time frame.
For account ownership or authorized access verification
purposes, please include original registration information provided when the account
in question was first established, such as first name, last name and email
address in the request. We may ask you to provide additional information for
identity verification purposes.
If you make a request to delete your personal data and that
data is necessary for the products or services you have purchased, the request
will be honored only to the extent it is no longer:
- necessary for any services
- required for our legitimate business purposes; or
- required for legal or contractual record keeping purposes.
We will respond to all requests, inquiries or concerns
within a commercially reasonable timeframe.
G. OUR CONTINUED COMMITMENT to the CHILD ONLINE PRIVACY PROTECTION ACT
Our offices, servers and databases are all located inside
the territorial United States and as such our collection, processing and
storage of your information is governed by U.S. law.
If you access our site from a location outside of the United States, you
acknowledge that it will be necessary for us to transfer your information
internationally and you consequently consent and agree to use our service at
your own risk, including assuming the risk for the processing, transfer and
storage of information in and to the U.S. and other countries whose data
protection and related laws may provide a less comprehensive or protective
standard of protection than those of the country in which you are currently
located and/or reside.
Additionally, please note that when you call us or initiate
a chat, we may provide you with support from a location outside your country of
origin. In these cases, your personal data is handled according to this Privacy
If you are under 18 years of age you should not be on our site.
As stated in our User Agreement, Investor Village web sites, products and services are not intended for children under the age of 18 and we do not knowingly solicit or accept personal or other information from children under the age of 18. However, we recognize the difficulties in policing online behavior (particularly of children) and we understand that children can sometimes gain access to web sites without the permission of the site’s owners and without the permission of the child’s own parents. You should know that we take very seriously the safety of children and the concerns of responsible parents. Therefore, we make every effort to be in compliance with the Child Online Privacy Protection Act (COPPA), though technically, COPPA may not apply to our site (please see COPPA NOTE below).
Contact Information for Concerned Parents
If you are a parent or legal guardian and discover that your minor child has registered with our site, you may contact us at email@example.com to notify us of your child’s unauthorized participation in our online community and request that his or her account be terminated and all information collected and otherwise related to your child’s account be permanently deleted, as per COPPA.
The following information appears on the FTC web site “FAQ” page for COPPA (the Child Online Privacy Protection Act). Based on the discussion excerpted below, we at InvestorVillage™ do not believe that the COPPA applies to our site. However, as noted above, out of an abundance of caution and a genuine concern for the welfare and safety of all children, we make every reasonable effort to comply with COPPA. To learn more about COPPA click here.
Q. COPPA applies to "websites directed to children." What factors should I use to determine whether my website is targeted to children?
A. According to the Rule, the factors to use in determining whether your site is targeted to kids include subject matter, language, whether the site uses animated characters, and whether advertising on the site is directed to children. The Commission also considers empirical evidence regarding the ages of the site's visitors. These standards are similar to those for TV, radio and print advertising.
You are responsible for maintaining the confidentiality of your password and account. By registering with and using our service, you agree to assume full responsibility for all activities that occur under your password and account. 8. ADMINISTRATIVE COMMUNICATIONS
InvestorVillage™ may from time to time communicate with you via email and/or your own Private Message inbox located on our site. Certain communications such as service announcements and administrative messages are considered part of InvestorVillage™ membership and you will not be able to opt out of receiving them. 9. USE ON AN “AS-IS” BASIS
You understand and agree that the Service is provided "AS-IS" and that InvestorVillage™ assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalized settings. 10. SPECIAL WARNING ON USE OF FINANCIAL MESSAGE BOARDS:
11. USER CONDUCT
Please be aware that the Service includes information, views, opinions and recommendations of individuals from the general public who may remain largely anonymous while on our site and whose use of our site implies an interest in discussing and sharing information related to the stock market and/or other investments. While we do not verify members’ credentials, it is very likely that many members are what one might call “do-it-yourself” retail investors and/or traders with little or no training, education, experience or any other specialized knowledge of the markets, investing or other financial matters.
InvestorVillage™ assumes no responsibility for the accuracy, timeliness, completeness or usefulness of information available via the Service. InvestorVillage™does not endorse any opinions or recommendations posted by members. InvestorVillage™ does not give tax or investment advice. InvestorVillage™ does not advocate the purchase or sale of any security or investment.
You should exercise discretion and skepticism when reading and weighing information posted on message boards and in other areas of our web site. Such information may be incorrect or misleading. Members may pretend to be other than who or what they are. Some members may have dishonest and/or deceitful intentions or may share inaccurate and misleading information. You should make every reasonable effort and attempt to independently verify any and all claims made on this or any other message board service. Before making any financial decisions you should consult a professional money manager or other financial advisor. If you choose to rely on information posted by other members you do so solely at your own risk.
The Securities Exchange Commission has expressed concerns that the stock price for companies with small market capitalization (also known as "small cap", "micro cap" or "penny" stocks) may be particularly susceptible to manipulation. Therefore, you should carefully evaluate the information posted by other members about such stocks. To learn more about what the SEC has to say with respect this matter, please visit http://www.sec.gov
12. CONSENT TO DISCLOSURE FOR LAW ENFORCEMENT & OTHER PURPOSES
How you conduct yourself on our service will in many cases have a direct bearing on how other members perceive you and interact with you. It is your responsibility to conduct yourself in a civil and respectful manner while participating and interacting with other members of our service.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not InvestorVillage™, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. InvestorVillage™ does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content.
You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will InvestorVillage™ be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to:
upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; b.
harm minors in any way; c.
impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; d.
forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service; e.
upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); f.
upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party; g.
upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas designated for such purpose; to learn more please read our complete Spam Policy here h.
upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; i.
disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges; j.
interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; k.
intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, 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, the American Stock Exchange or the NASDAQ, and any regulations having the force of law; l.
provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act; m.
"stalk" or otherwise harass another; and/or n.
collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through n above.
InvestorVillage™ does not review, screen or edit messages or other content posted by members. Nevertheless, InvestorVillage™ and its designees reserve the right to monitor or remove any information transmitted or received through the Service, or to terminate your membership and use of the Service, at any time, without notice, in our sole discretion. Members are responsible for bringing violations of the User Agreement to InvestorVillage™'s attention. Although InvestorVillage™ does not guarantee any action based on such information, we pledge to make every reasonable effort to respond to reported violations in a fair and timely manner. InvestorVillage™and its designees shall have the right to remove any Content that violates the User Agreement or is otherwise objectionable.
You agree to evaluate and bear all risks associated with the use of any Content appearing on InvestorVillage™ web pages, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by InvestorVillage™ or submitted to InvestorVillage™, including without limitation information in InvestorVillage™Message Boards, and in all other parts of the Service.
In addition to the above, in connection with your use of the Site, you agree not to:
• Restrict or inhibit any other visitor from using the Site, including, without limitation, by means of "hacking" or defacing any portion of the Site;
• Use the Site for any unlawful purpose;
• Express or imply that any statements you make are endorsed by us, without our prior written consent;
• Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site;
• "Frame" or "mirror" any part of the Site without our prior written authorization;
• Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to download, retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents;
• Harvest or collect information about visitors to the Site without their express consent.
You also agree to comply with all applicable laws, rules and regulations in connection with your use of the Site and the content made available therein.
You acknowledge, consent and agree that InvestorVillage™ may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the User Agreement; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of InvestorVillage™, its users and the public. 13. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
InvestorVillage™ makes no representation that materials provided on the Site are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. 14. CONTENT LICENSES—YOU GRANT INVESTOR VILLAGE CERTAIN LICENSES FOR CONTENT YOU CHOOSE TO POST TO OUR SITE
By posting “content,” including text, photos, graphics, audio, video or other digital, analog or other content, to any public area of InvestorVillage™ you automatically grant (and represent and warrant that you have the right to grant) to InvestorVillage™ an irrevocable, perpetual, non-exclusive, royalty-free, fully paid, worldwide license under your copyrights, or other intellectual property rights if any, in such material to use, copy, modify, adapt, publicly perform, publicly display, and distribute such information and Content and to prepare derivative works of, or incorporate into other works, such information and content in any and all media, in any manner, whole or part, without any duty to account to you. You further grant and authorize sublicenses of the foregoing in any format or medium now known or later developed. And you grant InvestorVillage™ the right to authorize the downloading and printing of such material, or any portion thereof, by end users for their personal use. 15. INDEMNITY
"Publicly accessible" areas of the Service are those areas of the InvestorVillage™ network of properties that are intended by InvestorVillage™ to be available to the general public and are reasonably understood as such.
You agree to indemnify and hold InvestorVillage™, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the User Agreement, or your violation of any rights of another. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. 16. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your InvestorVillage™ Member ID), use of the Service, or access to the Service. 17. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that InvestorVillage™ may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that private messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of messages that may be sent from or received by an account on the Service, the maximum size of any message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on InvestorVillage™’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. 18. MODIFICATIONS, SUSPENSION OR DISCONTINUANCE OF SERVICE
If you are concerned about electronically preserving content generated by you and posted to our Service, you acknowledge and accept that it is your responsibility to copy and save such data on an external drive of your choice, such as your home PC. We recommend that you save to your own external hard drive any and all information deemed by you to be important for your own research purposes, or to have sentimental or other personal or professional value to you. We are not the guardians of your work product. By using our service you accept full responsibility for making back up copies of all such work and you agree to hold InvestorVillage harmless for loss of any such data.
InvestorVillage™ reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that InvestorVillage™ shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. 19. TERMINATION
You agree that InvestorVillage™ may, under certain circumstances and without prior notice, immediately terminate your InvestorVillage™ account and access to the Service. Cause for such termination shall include, but not be limited to, (a) violations of the User Agreement, (b) requests by law enforcement or other government agencies, (c) unexpected technical or security issues or problems, (d) extended periods of inactivity, and/or (e) you have engaged in fraudulent or illegal activities.
Termination of your InvestorVillage™ account includes (a) removal of access to all offerings within the Service, including but not limited to InvestorVillage™ Private Messages and Message Boards, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring further use of the Service.
You agree that all terminations for cause shall be made in InvestorVillage™’s sole discretion and that InvestorVillage™ shall not be liable to you or any third-party for any termination of your account, any associated email address, or access to the Service.
Should you object to any terms and conditions of this User Agreement or any subsequent changes to the terms and conditions or become dissatisfied with the Service in any way, your only recourse is to immediately: (1) discontinue use of the Service; (2) terminate Service membership; and (3) notify InvestorVillage™ of termination by sending an e-mail to: firstname.lastname@example.org
. Continued use of the Service is an acceptance of the User Agreement and any subsequent changes.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because InvestorVillage™ has no control over such sites and resources, you acknowledge and agree that InvestorVillage™ is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that InvestorVillage™ shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource. 21. PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by InvestorVillage™ or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. Content received through the Service may be displayed, reformatted and printed for your personal, non-commercial use only. 22. DISCLAIMER OF WARRANTIES
23. LIMITATION OF LIABILITY
You expressly understand and agree that:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK & DISCRETION. The service is provided on an “AS IS” and “AS AVAILABLE” basis.
b. InvestorVillage™ EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, whether express or implied, including but no limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
c. InvestorVillage™ makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through this service will meet your expectations, and (v) any errors in the software will be corrected.
d. Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
e. No advice or information, whether oral or written, obtained by you from InvestorVillage™ or through or from the service shall create any warranty not expressly stated in the User Agreement.
You expressly understand and agree that InvestorVillage™ SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses (even if InvestorVillage™ has been advised of the possibility of such damages), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. 24. CERTAIN EXCLUSIONS AND LIMITATIONS OF LIABILITIES MAY NOT APPLY TO YOU
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of Sections 22 & 23 may not apply to you. 25. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
If you intend to create or join any service, receive or request any news, messages, alerts or other information from the Service concerning companies, stock quotes, investments or securities, please pay special attention to Sections 22 & 23. We believe and instruct our members that personal accountability in financial matters is of paramount importance. The responsibility for engaging in the high-risk business of stock investing is to be born by you, the ultimate decision-maker in all matters of your personal finance. You should always treat information you receive on this or any online service with a healthy dose of skepticism. Always attempt to independently verify any and all claims you encounter while online. Always do your own homework and think for yourselves. The Service is provided for informational purposes only, and no Content included in the Service is intended for trading or investing purposes. InvestorVillage™ and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any trading or investment decisions made based on such information. 26. NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this User Agreement, there shall be no third party beneficiaries to this Agreement. 27. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. Please see http://www.loc.gov/copyright/
for further details. We suggest that you consult your legal advisor before filing a notice or counter-notice under the DMCA. Also, please be aware that there can be penalties for false claims under the DMCA.
InvestorVillage™ respects the intellectual property of others, and we ask our users to do the same. InvestorVillage™ may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide InvestorVillage™'s Copyright Agent the following information:
1. an electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the site;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. 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 intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Contact information for InvestorVillage's Designated Agent for Notice of claims of copyright or other intellectual property infringement:
Name: Ralph Kidd
Address: 4900 15th Street, Marrero, LA 70072
28. GENERAL INFORMATION
Entire Agreement. The USER AGREEMENT constitutes the entire agreement between you and InvestorVillage™ and governs your use of the Service, superseding any prior agreements between you and InvestorVillage™ with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other InvestorVillage™ services, affiliate services, third-party content, or third-party software.
Choice of Law and Forum. The USER AGREEMENT and the relationship between you and InvestorVillage™ shall be governed by the laws of the State of Georgia without regard to its conflict of law provisions. You and InvestorVillage™ agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Fulton, Georgia.
Waiver and Severability of Terms. The failure of InvestorVillage™ to exercise or enforce any right or provision of the USER AGREEMENT shall not constitute a waiver of such right or provision. If any provision of the USER AGREEMENT is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the USER AGREEMENT remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your InvestorVillage™ account is non-transferable and any rights to your InvestorVillage™ Member ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the USER AGREEMENT must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the USER AGREEMENT are for convenience only and have no legal or contractual effect.
Please report any violations of the USER AGREEMENT to email@example.com
If you have any questions about the terms and/or spirit of this Agreement and/or desire clarification of any of our policies and procedures, please email us at firstname.lastname@example.org