Last Updated: December 16, 2010
2. Membership, Registration and Passwords
Payment of Fees
You agree to pay for all services obtained from Track.com via credit card or other electronic payment system that is made available from time to time. By choosing to have a credit card billed directly by Track.com, you hereby authorize Track.com to bill this credit card for the charges incurred for use of the Track.com services. Additionally, you hereby agree that if the credit card company refuses to pay Track.com for such charges incurred for use of the Track.com services, you shall be directly responsible for the payment of such charges, and payment shall be due immediately. If Track.com chooses to directly bill you for fees incurred in connection with your use of the Track.com services (as opposed to paying by credit card), you agree to pay all fees within twenty (20) days of receipt of an invoice from Track.com. You acknowledge and agree that such fees may be electronically invoiced or sent via such other means as announced by Track.com.
4. Term and Termination
5. Copyright, Linking and Trademarks
All of the information, content, services and software displayed on, transmitted through, or used in connection with the Site, including for example, advertising, directories, guides, articles, opinions, reviews, text, photographs, images, illustrations, audio clips, video, HTML, source and object code, software, data, and all other matters related to this Site, including without limitation, the selection and arrangement of the aforementioned and the "look and feel" of this Site, are protected under applicable copyrights and other proprietary (included but not limited to intellectual property) rights and are the intellectual property of Track.com, and its affiliated companies, licensors and authors. Track.com actively protects its rights to the Site to the fullest extent of the law. The copying, rearrangement, redistribution, modification, use or publication by you, directly or indirectly, of any such matters or any part of the Site, including the removal or alteration of advertising, except for limited rights of use granted hereunder, is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using the Site. Pursuant to U.S. Copyright law, damages for liability or infringing a copyright may amount to $30,000 per infringement and, in the case of willful infringement; the amount may be up to $150,000 per infringement, in addition to the recovery of costs and attorneys' fees.
The Site contains links to other Internet web sites or resources. Track.com neither control nor endorse such other web sites, nor has Track.com reviewed or approved any content that appears on such other web sites. You acknowledge and agree that Track.com shall not be held responsible for the legality, accuracy, or appropriateness 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.
Track.com is a trademark and/or service mark of Track.com or its affiliates. All other trademarks, service marks, and logos used on the Site are the trademarks, service marks, or logos of their respective owners.
6. Your Conduct
You may use the content on the Site solely for your personal, non-commercial use, and you may download or print a single copy of any portion of the content on the Site for your personal, non-commercial use, provided you do not remove any trademark, copyright or other notice contained in such content. No other use is permitted. You may not, for example, republish, upload, post, transmit or distribute the content on any Internet, Intranet or Extranet site or incorporate the content in any database, compilation, archive or cache including, without limitation on any online bulletin boards, message boards, newsgroups, chat rooms, or in any other manner. Doing so might cause financial harm to Track.com for which you will be held liable. You may not distribute any of the content to others, whether or not for payment or other consideration, and you may not modify, copy, frame, reproduce, sell, publish, transmit, display or otherwise use any portion of the content without securing the prior written consent of Track.com. Requests to use the content for any purpose other than as permitted in this paragraph should be directed to email@example.com. Modification of the content or use of the content for any purpose other than your own personal, noncommercial use is a violation of Track.com's copyright and other proprietary rights, and can subject you to legal liability.
In addition, 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", "denial of service attack" or defacing any portion of the Site;
- Use the Site for any unlawful purpose, including but not limited to the disclosure or inappropriate use of material, non-public information, or confidential or proprietary information absent authorization to disclose;
- Express or imply that any statements you make are endorsed by Track.com, without Track.com's 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 Track.com's 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.
7. Posting Comments
All users must register on the Site and click acceptance to the Track.com Rules of Conduct prior to posting comments on the Site. Track.com editors, at their discretion, may remove comments that violate these standards. These standards are designed to ensure that the dialogue on the Site is credible, responsible, intelligent and informative. Track.com cannot guarantee that users will tell the truth, and Track.com will not monitor the veracity of names and positions or the content of any comments posted to the Site. In addition, even if a user who posts a comment may, if the user so registers and Track.com so permits, be publicly identifiable only by the alias he or she chose during registration, Track.com's records will contain the actual identity of the author of any comment posted to the Site.
Track.com strongly encourages all participants to disclose any positions they have in stocks being discussed (e.g., long, short, no position). Track.com disclaims all responsibility and shall have no liability for failure of participants to make such disclosures.
Monitoring and/or Deleting Content.
8. Complaint Procedure
REPORTING OF COMPLAINTS:
All complaints relating to articles should be sent to firstname.lastname@example.org with a copy sent via mail to: The Complaints Officer, Track.com, 101 Eisenhower Blvd., Suite 300, Roseland, NJ 07068.
Complaints relating to a posted comment can be raised on-line by clicking the "report" link on the offending comment.
Written complaints must contain your name, organization name (if any), address, phone number, and e-mail address. Complaints that are received without legitimate contact information will not be acted upon.
COMPLAINTS REVIEW PROCESS:
The Complaints Officer will review all complaints. Anonymous complaints will not be considered. Articles and comments deemed inappropriate, in the sole discretion of the Complaint Officer will be referred to Track.com's Editorial Board. If the Editorial Board deems, in its sole and absolute discretion, that the complaint raises a valid concern then the article and/or comment will be removed from the Site by the Complaints Officer pending resolution of the complaint.
POSTING OF COMPLAINTS:
Any complaint received might be posted along side of the offending article so that the public might have the opportunity to consider the complaint and its source; complaints threatening legal action will be treated similarly.
9. Digital Millennium Copyright Act
If you are a copyright owner or an agent thereof and believe that any content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing Track.com's Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Track.com to locate the material;
- Information reasonably sufficient to permit Track.com to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Track.com's designated Copyright Agent to receive notifications of claimed infringement is: the Copyright Officer, email:email@example.com, fax: 718.289.4013. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Track.com's customer service department at firstname.lastname@example.org. You acknowledge that if you fail to comply with all of the requirements of this paragraph 8(A), your DMCA notice may not be valid.
If you believe that your content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content, you may send a counter-notice containing the following information to the Copyright Agent:
- Your physical or electronic signature;
- Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in the Borough of Manhattan, State of New York, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Track.com may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Track.com's sole discretion.
10. No Advice, Endorsement or Special Relationship
Track.com is not providing investment, tax or legal advice, acting as a fiduciary or endorsing any company, property, product, service, security, instrument, or any other matter by posting any participant-submitted information on the Site. Track.com is not disposing investment advisory services on this Site. Track.com does not purport to tell people, or suggest to people what they should buy or sell for themselves. Neither Track.com nor anyone affiliated with Track.com is responsible for any investment decision made by participants on the basis of using the Site. Participants should always read any corresponding prospectus, check with their licensed financial advisor and their tax advisor to determine the suitability of any investment. Please conduct your own due diligence. The Site will contain opinions concerning securities, portfolio of securities, transactions and investment strategy. However, they are solely the opinions of their author, and none of the information contained therein constitutes a recommendation by them or Track.com that any particular security, portfolio of securities, transaction, or investment strategy is suitable for any specific person. Further, such information is impersonal and not tailored to the investment needs of any specific person. Finally, the passage of time can render all information stale, and neither Track.com nor anyone affiliated with Track.com is responsible for any misconceptions that may result from the reading of dated information.
The information posted on the Site: (i) is not, and should not be deemed, an offer to sell, or a solicitation of an offer to buy, any securities or any other instruments, property or anything of value by anyone in any jurisdiction; and (ii) should not be used by others in connection with any sale, offer for sale or solicitation of an offer to buy securities or any other instruments, property or anything of value.
Track.com shall have no liability for investment or other decisions based upon any of this information and/or decisions based upon a contrarian view of any of this information. Track.com specifically disclaims any and all liability or loss arising out of any action taken in reliance on this information, including but not limited to market value or other loss on the sale or purchase of any company, property, product, service, security, instrument, or any other matter.
Past performance may not be indicative of future investment results. Any investment involves potential risk, including potential loss of capital. Please consult your legal, tax and financial advisors in connection with any potential sale or purchase of any company, property, product, service, security, instrument, or anything else of any value.
It is Track.com's editorial policy not to knowingly publish articles submitted by research firms or authors who are directly compensated by a company for coverage of that company's stock or business. If an author has a business relationship with a company named in an article that he or she has authored, that relationship must be fully and accurately disclosed. Track.com disclaims all responsibility and shall have no liability for any failures of disclosure by authors regarding their company relationships.
Track.com has business relationships with many companies including technology vendors, data providers, banks, advertisers, etc. There may be instances in which an Author writes an article or an individual posts a comment which recommends a company with which Track.com has a business relationship. These occurrences are unintentional and coincidental.
12. Idea Events
From time to time you may participate in Track.com Idea Events. In doing so, you agree to comply with the Track.com Idea Events Rules of Conduct.
Track.com may record an Idea Event. Your acceptance of this Agreement serves as written notice that the Idea Event may be recorded. We will also notify you regarding the recording of an Idea Event at the beginning of each event session. We will assume that you agree to such recording unless we hear otherwise. Should you not wish to consent to the recording of your participation in such Idea Event, you may elect not to participate in such Idea Event, or if you do attend, to simply listen to the discussion and say nothing.
Your participation in an Idea Event does not in any way make you a spokesperson for Track.com. You neither represent nor bind Track.com by your statements, and you agree that your statements are yours alone, and not those of Track.com. You are a non-agent independent contractor of Track.com and you have no authority to act on behalf of Track.com.
14. Limitation of Liability
NEITHER TRACK.COM NOR ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, ADVISORS, EMPLOYEES, AUTHORS, ADVERTISERS, AGENTS AND SPONSORS ARE LIABLE FOR ANY 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 SITE AND/OR ANY CONTENT CONTAINED THEREIN, OR ANY PRODUCT OR SERVICE USED OR PURCHASED THROUGH TRACK.COM. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING IT. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO TRACK.COM 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 TRACK.COM BY YOU IN THE GIVEN MONTH, IF ANY, FOR ACCESS TO THE SITE.
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.