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1. Agreement
In consideration of 24/7 Wall St. , LLC providing you with a newsletter subscription, you agree to comply with these Terms of Use for Subscriber Membership (the "TERMS"). If you do not agree to the terms and conditions contained in the TERMS, you may not become a member, and we do not consent to provide you with access to the Membership Service. 2. Changes to the Terms
Our business changes constantly. We reserve the right at any time to: Change the terms and conditions of the TERMS; Change the Membership Service, including eliminating or discontinuing any content or feature of the Membership Subscription service; or Impose fees, charges or other conditions for use of the Membership Service (with reasonable notice).
Any changes we make to the TERMS will be effective seven (7) days after notice of any change is provided to you, which may be done by means including, without limitation, posting on our web sites or via email. Your use of the Membership Service after such notice will be deemed acceptance of such changes. The TERMS, as well as our privacy policy below:
24/7 Wall St. , LLC Privacy Policy ( Last revised: April 11, 2007 ): This Privacy Policy includes examples of the types of personal information we collect and the kinds of companies with whom we share such information. These examples are illustrative and should not be considered a complete inventory of our information collection, use and sharing practices. We will comply with applicable state laws that may restrict the types of information we may disclose about you or require us to provide you with additional notices.
24/7 Wall St. gathers two types of data about users' personal information, which individual users provide when registering for our paid and free newsletters, and tracking information, which is automatically collected about all visitors to our sites. Personal Information: 24/7 Wall St. collects personal information in several places on our web sites and through our newsletters, which are set forth generally below. We will always provide a secure area of our sites for you to enter your information, but if you prefer, you may talk offline to a customer service representative and provide the required information over the telephone or via email. Paid Newsletters: Subscribers to paid 24/7 Wall St. newsletters supply e-mail addresses credit card numbers and physical addresses. Surveys/Polls: At certain times, you may be asked to participate in surveys, which are generally aimed at obtaining general information, for example, your investment experience or your reactions to a particular article. Because information obtained in these surveys is connected with individual subscribers and is used internally to better market our services, participation is voluntary. In addition, some columnists will on occasion take polls of their readers. Such polls are solely for the editorial use of the individual columnists, and participation is voluntary.
Tracking Information: Tracking data consists of both individual and aggregated tracking information and is automatically gathered using "cookies" if applicable. A cookie is a small data file containing information, such as a user's login name, that is written to the user's hard drive by a web server and used to track the pages visited. Cookies used by 24/7 Wall St. , LLC may be encoded and contain a unique digital signature to prevent tampering. They do not contain user passwords. The individual information gathered in this manner is used for internal purposes only, such as accessing a member's account information. We also use the information on an aggregate basis, to track the readership of stories and usage of our products, to analyze traffic patterns on our sites, and to provide anonymous reporting of usage for internal and external clients. You can control your browser's settings regarding cookies by selecting "Internet Options" or "Preferences" in the menu bar of your browser. This will allow you to prevent your browser from accepting new cookies, have your browser notify you when you receive a new cookie, or disable cookies altogether. However, because cookies allow you to easily navigate our web sites without having to constantly log in using your User Name and password, we recommend that you leave them turned on.
Tracking by our Advertisers: 24/7 Wall St. advertisers include financial services companies (such as brokerage firms, banks, and mortgage companies) and non-financial services companies (such as computer manufacturers, software companies, automobile makers and retail stores). 24/7 Wall St. advertisers and advertising vendors display targeted advertisements. Although 24/7 Wall St. does not provide any personal information to the advertiser or advertising vendor, by interacting with or clicking on an ad you consent to the possibility that the advertiser will assume you meet the targeting criteria used. In addition to cookies placed by 24/7 Wall St , described above, advertisers and advertising vendors that serve ads onto our web sites may use their own cookies or other tracking technologies. We cannot be responsible for the privacy policies or practices of any such advertisers and vendors.
Disclosures Permitted by Law: 24/7 Wall St. does not sell or disclose personal information about you described above to with other people or nonaffiliated companies, except to provide you with products or services, when we have your permission, or under the following circumstances: We provide the information on a confidential basis to nonaffiliated companies we engage as contractors or agents to perform services for us, such as maintaining software, sending direct mail or administering a sweepstakes or contest. Information will be shared with such contractors only to the extent reasonably necessary for them to perform services on our behalf, and pursuant to confidentiality obligations; In response to subpoenas, court orders, or legal process, from law enforcement agencies or state and federal regulators; If we sell or otherwise transfer substantially all of our assets related to any web site that we own or operate and any product or service that we offer. In that event, we will require such third party to honor our current Privacy Policy, until the third party provides you with notice of changes to our Privacy Policy and permits you to exercise any rights you may have under applicable law to limit disclosures of information about you.
Disclosures for Joint Marketing and Servicing: 24/7 Wall St. may disclose all the information we collect as described above to other companies such as direct marketers to perform marketing services on our behalf, or to financial institutions, such as banks, insurance companies and securities broker-dealers, with whom we have joint marketing agreements.
Free Newsletters: If you subscribe to our free newsletters, we use your email address to send you free email newsletters containing selected stories, market information, advertisements and links to our sites. If you're a subscriber, we use your email address, postal address or fax number, as applicable, to deliver our premium products and services. We may from time to time send you special offers and advertisements for products or services offered by third parties. We will not disclose any of your personal information to such third parties when we do this. If you do not wish to receive third party offers and advertisements, please write us at subscribers@247wallst.com .
24/7 Wall St. LLC limits access to personal information about you to those employees whom we determine need access to that information to provide products or services to you. We maintain physical, electronic and procedural safeguards that comply with federal standards to guard your personal information. However, no security system is impenetrable. We cannot guarantee the security of our servers, nor can we guarantee that information that users supply will not be intercepted while being transmitted to us over the Internet.
24/7 Wall St. discloses personal information about former customers only in accordance with this Privacy Policy. Please note that this Privacy Policy will not apply to your independent relationships with other companies that from time to time may offer you products and services on the 24/7 Wall St. site. Those companies' privacy policies will govern how they collect, use and disclose personal information that you provide to them. If any of the terms contained in the TERMS become unacceptable to you in the future, you may cancel your subscription by notifying our Customer Membership Service Department by email at subscribers@247wallst.com. This will cancel your subscription at that time, however please refer back to our no refund policy. Please allow at least five business days for such cancellation to become effective. 3. Important Securities Disclaimer
You understand that the subscriptions services may contain opinions from time to time with regard to securities mentioned in other 24/7 products, and that those opinions may be different from those obtained by using another 24/7 product. It is our intent to avoid conflicts of interest and we encourage employees and contributors not to hold securities in any of the companies they cover. You understand and agree that, although we do not permit our staff to hold positions in individual stocks other than, from time to time, outside contributing columnists or their affiliates may write about securities in which they or their firms have a position, and that they may trade for their own account. In cases where the position is held at the time of publication, appropriate disclosure is made on a best efforts basis. In addition, outside contributing columnists may be subject to certain restrictions on trading for their own account. However, you understand and agree that at the time of any transaction that you make, one or more contributors or their affiliates may have a position in the securities written about. We cannot be responsible for monitoring the trading activities of outside parties that contribute to the efforts of 24/7 Wall St. , LLC. You understand that our data is supplied by sources believed to be reliable, that the calculations herein are made using such data, and that such calculations are not guaranteed by these sources, the information providers, or any other person or entity, and may not be complete. From time to time, reference may be made in our marketing materials to prior articles and opinions we have published. These references may be selective, may reference only a portion of an article or recommendation, and are likely not to be current. As markets change continuously, previously published information and data may not be current and should not be relied upon. When U.S. exchanges are open, stock and fund quotes (other than those obtained through the real-time quote services available to users of certain 24/7 Wall St. products) may be more than 15 minutes old. When U.S. exchanges are not open, quotes are only current as of the close of the last day of trading. Before selling or buying any stock or other investment, you should consult with a qualified broker or other financial professional to verify pricing information. 4. Registration and Privacy
As a subscriber, you agree to certain other obligations relating to your account:
5. 24/7 Wall St. , LLC Proprietary Rights
The subscriptions and the content available through the subscription service are the property of 24/7 Wall St and its licensors. You may access and use the content, and download and/or print out one copy of any content from the subscriptions, solely for your personal, noncommercial use. You acknowledge that you do not acquire any ownership rights by using the subscription services. 24/7 Wall St. 24/7, and 24/7 Wall St. , LLC and other marks are trademarks and/or service marks of 24/7 Wall St. , LLC. All other trademarks, service marks, and logos used on our web sites are the trademarks, service marks, or logos of their respective owners. 6. User Conduct
You may not republish, upload, post, transmit or distribute content available through the Membership Service to online bulletin boards, weblogs, message boards, newsgroups, chat rooms, squawk boxes, or in other any manner, without our prior written permission. Modification of the content or use of the content for any purpose other than your own personal, noncommercial use is a violation of our copyright and other proprietary rights, and can subject you to legal liability. In addition, in connection with your use of your subscription, you agree not to:
You also agree to comply with all applicable laws, rules and regulations in connection with your use of the Membership Service and the content made available therein. 7. Features and Links to Other Web Sites
Your use of certain services made available to you by 24/7 Wall St. may be governed by additional rules, which are available on our web sites or by hyperlink from other sites, in connection with the service. By using any service you are acknowledging that you have reviewed all corresponding rules and agree to be bound by them. Some of the services may have been provided by third parties for your use. In the event that any service or tool is provided by a third party, such service or tool may become unavailable in the event that the agreement between us and the third party is terminated. You expressly acknowledge and agree that your use of all services and tools is solely at your risk. Content available through the subscription service may contain links to other Internet web sites or resources. We neither control nor endorse such other web sites, nor have we reviewed or approved any content that appears on such other web sites. You acknowledge and agree that we shall not be held responsible for the legality, accuracy, or inappropriate nature of any content, advertising, products, services, or information located on or through any other websites, nor for any loss or damages caused or alleged to have been caused by the use of or reliance on any such content. 8. Disclaimer of Warranties THE MEMBERSHIP SERVICES, AND ANY CONTENT, PRODUCT OR SERVICE OBTAINED OR ACCESSED THROUGH THE MEMBERSHIP SERVICE, IS PROVIDED "AS IS" AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, 24/7 WALL ST, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SUPPLIERS, ADVERTISERS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES RELATING TO THE ADEQUACY, ACCURACY OR COMPLETENESS OF ANY INFORMATION AVAILABLE THROUGH THE MEMBERSHIP SERVICE. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. 24/7 WALL ST. AND ITS AFFILIATES, SUPPLIERS, AGENTS AND SPONSORS DO NOT WARRANT THAT YOUR USE OF THE MEMBERSHIP SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT EMAILS OR THE SERVER(S) ON WHICH SUBSCRIBER DATA IS HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE MEMBERSHIP SERVICE, AND ALL CHARGES RELATED THERETO. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE MEMBERSHIP SERVICE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF 247WALLST.COM OR ITS AFFILIATES, SUPPLIERS, AGENTS, MEMBERS, OR VISITORS, WHETHER MADE ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE SITE, THE CONTENT CONTATINED THEREIN, AND ANY MATERIALS PROVIDED THROUGH THE SITE, ARE ENTIRELY AT YOUR OWN RISK. A possibility exists that content available through the subscriber services could include inaccuracies or errors, or materials that violate the TERMS. Additionally, a possibility exists that unauthorized alterations could be made to the content available through the Membership Service by third parties. Although we attempt to ensure the integrity of our web sites and other products and services, we make no guarantees as to the completeness or correctness of any content available through the subscriber service. In the event that such a situation arises, please contact us at subscribers@247wallst.com with, if possible, a description of the material to be checked and the location (URL) where such material can be found on our web sites, if applicable, as well as information sufficient to enable us to contact you. We will try to address your concerns as soon as reasonably practicable. For copyright infringement claims, see the section on "Copyright Infringement" below. 9. Limitation of Liability NEITHER 24/7 WALL ST .. NOR ITS AFFILIATES, SUPPLIERS, ADVERTISERS, AFFILIATES, OR AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE MEMBERSHIP SERVICE AND/OR ANY CONTENT CONTAINED THEREIN, OR ANY PRODUCT OR SERVICE USED OR PURCHASED THROUGH 247WALLST.COM. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE MEMBERSHIP SERVICE IS TO STOP USING IT. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO COMPANY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE) SHALL BE THE TOTAL AMOUNT PAID TO US BY YOU, IF ANY, FOR ACCESS TO THE MEMBERSHIP SERVICE. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you. 10. Indemnification You agree to indemnify, defend and hold us, our officers, directors, employees, agents and representatives harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), or other expenses that arise directly or indirectly out of or from (a) your violation of the TERMS; (b) your use of the subscription; or (c) your violation of the rights of any third party. 11. Termination You understand and agree that 24/7 Wall St. may, under certain circumstances and without prior notice to you, terminate your access to and use of the subscription services. Cause for such termination shall include, but not be limited to, (i) breaches or violations of the TERMS or other agreements or guidelines, (ii) requests by law enforcement or other government or regulatory authorities, or (iii) technical difficulties.
CANCELLATION & TERMINATION POLICY:
The company has a strict policy of not granting refunds. Subscription Fees are charged to a subscriber's credit card automatically in advance upon sign-up. To submit a Cancellation Notice, a member must inform us by sending cancellation e-mail with the name and credit card number on file to subscribers@247wallst.com. Upon receipt of a Cancellation Notice, we will terminate all privileges immediately, without refund. Cancellations may not be made retroactively. Your subscription will automatically renew and will automatically be billed to your credit card on file unless you cancel your membership within 15 days before the end of each agreement. You agree that any failure to cancel your subscription before 15 days ahead of the expiration will constitute a renewal of your subscription.
12. Copyright 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. If you believe in good faith that materials hosted by 24/7 Wall St. or one of its subsidiaries infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to our web sites should be sent to 24/7 Wall St. , 16 East 90 th Street , NY , NY 10128.
13. Miscellaneous The subscription service is directed solely to individuals residing in the United States . We make no representation that materials provided through the subscription service are appropriate or available for use in other locations. Those who choose to access the subscription services 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. We reserve the right to limit the availability of the subscription service to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion, and to limit the quantities of any such service or product that we provide. The TERMS, together with all 24/7 Wall St. policies referred to herein, constitutes the entire agreement between you and 24/7 Wall St. relating to your use of the subscription service and supersedes and any all prior or contemporaneous written or oral agreements on that subject between us. The TERMS and the relationship between you and 24/7 Wall St. are governed by and construed in accordance with the laws of the State of New York, without regard to its principles of conflict of laws. You and 24/7 Wall St agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within New York County, New York, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. If any provision of the TERMS is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the TERMS and shall not affect the validity and enforceability of any remaining provisions. 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 the TERMS is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. We reserve the right to require you to sign a non-electronic version of the TERMS.
FORCE MAJEURE & ACTS OF NATURE: You accept that we cannot be responsible for any delays or interruptions in the delivery of our website due to any events outside of our control. These events include, but are not limited to: illnesses or emergencies; acts of God; acts of public enemies; fires; floods; epidemics; power outages; web hosting outages; email outages; web access outages; strikes; riots; riots; or any other failures of third party communication services.
EXCEPTIONS: 24/7 Wall St. , LLC may in the normal course of business offer trials or different pricing structures outside of our normal pricing structure and outside of our pricing agreements with you. This will have no impact and will result in no discounting to any prior subscribers or for other subscribers. Any outside or subsequent agreements we sign with a brokerage firm or outside distributor will not create a scenario that ends your contract before the expiration date, regardless of if any such third party offers our content directly to you at reduced prices or included in their service package for free to you. You hereby agree to be relieved of your financial commitments with 24/7 Wall St. , LLC only after the expiration of this agreement.
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