Acceptance of Terms and Use
This Agreement was last modified on February 9, 2007.
Welcome to IBDeditorials.com presented by Investor's
Business Daily, Inc. Your use of this Service (as
defined below) and any materials accessed herein
indicates your full understanding and acceptance of the
Terms and Conditions of Use (referred to as
"Agreement"). This Agreement may be updated at
any time without notice. Your use of the Service is also
subject to additional guidelines or rules posted in
certain areas of the Service. Investor's Business Daily,
Inc. may also provide products or services that are
governed by supplemental Terms of Use. Any additional
guidelines, rules and supplemental Terms of Use are
incorporated into this Agreement by reference. Failure
to comply in full will result in cessation of access and
use privileges and may result in legal actions taken
against the offending individuals and organizations at
our discretion. We reserve the right to block your
access to Service for violation of this Agreement. You
agree to review the Agreement periodically to be aware
of such modifications. Your continued use of the Service
constitutes acceptance of the changes.
(For the Terms of Use governing Investors.com, eIBD, and other Web sites and products owned and operated by Investor's Business Daily, Inc. and/or our affiliated companies, please visit www.investors.com).
DESCRIPTION OF SERVICES
You may use the IBDeditorials.com Web site, contents,
and servers running on networks (herein referred to as
"Service") operated by Investor's Business
Daily, Inc. for the purpose of accessing data and
information ("Data" as defined below) which
are available according to strict compliance to Terms
and Conditions of Use.
DEFINITIONS
"IBDeditorials.com" means the content and services provide via the IBDeditorials.com Web site.
"IBDeditorials.com et al" means Investor's
Business Daily, Inc., its affiliates, agents,
information providers, and licensors.
The word "User(s)" means any Person
visiting IBDeditorials.com or holding free or paid subscription(s) to
any IBDeditorials.com service or product, also referred to as
"you" or "yours".
The word "Person(s)" means any
natural person, proprietorship, corporation,
partnership, or other entity whatsoever.
The word "Data" means certain data
and other information including the written word,
instruments, charts, graphs, algorithms, ratings,
rankings, products, vehicles or devices, or relating to
Persons, or gathered by IBDeditorials.com from other sources.
The word "or" includes the word
"and".
The phrase "Claims or Losses" means
any and all liabilities, obligations, losses, damages,
penalties, claims, actions, suits, costs, judgments,
settlements, and expenses of whatever nature, whether
incurred by or issued against an indemnified party or a
third party, including, without limitation, (1)
indirect, special, punitive, consequential or incidental
loss or damage, (including, but not limited to, trading
losses, loss of anticipated profits, loss by reason of
shutdown in operation or increased expenses of
operation, or other indirect loss or damage) and (2)
administrative costs, investigatory costs, litigation
costs, and auditors' and attorneys' and fees and
disbursements (including in-house personnel).
TRADEMARK AND COPYRIGHT OWNERSHIP NOTICE
The following trademarks are affiliated with Data
Analysis, Inc., the holding company for the O'Neil
family of companies: Investor's Business Daily, IBD, eIBD, IBDeditorials.com,
CAN SLIM, Stock Checkup, Stocks On The Move, AskIBD, SmartSelect
and their corresponding logos.
The following trademarks are affiliated with William
O'Neil + Company, Incorporated or its subsidiaries:
Daily Graphs, Daily Graphs Online, The William O'Neil +
Co. 197 Industry Groups, O'Neil Database.
All trademarks used herein are the exclusive property
of their respective trademark owners and may not be used
in any way without written consent of owner.
IBDeditorials.com contains proprietary, original
content that is protected by U.S. copyright and
international treaties. IBD retains all intellectual
property rights. IBD will pursue legal action against
anyone who misappropriates its name or marks for
commercial use. This notice constitutes fair warning.
Copyright 2007 Investor's Business Daily, Inc. 12655 Beatrice
Street, Los Angeles, CA 90066. All rights reserved.
PROPRIETARY DATA AND INFORMATION
You acknowledge that the Service contains Data that is
highly proprietary in nature and that unauthorized
copying, transfer or use may cause IBDeditorials.com or its
affiliates, agents, information providers, and licensors
irreparable injury that cannot be adequately compensated
for by means of monetary damages. You agree that any
breach of the Agreement may be enforced by IBDeditorials.com et al by means
of equitable relief (including, but not limited to,
injunctive relief) in addition to any other available
rights and remedies.
DISCLAIMER OF WARRANTIES, TERMS ANDLIABILITY
THE DATA AND INFORMATION ACCESSIBLE ON THIS SERVICE
ARE PROVIDED "AS IS" AND THERE MAY BE DELAYS,
OMISSIONS OR INACCURACIES IN SUCH INFORMATION AND DATA.
IBDEDITORIALS.COM ET AL CANNOT AND DOES NOT GUARANTEE THE ACCURACY,
SEQUENCE, COMPLETENESS, TIMELINESS, MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION OR
DATA MADE AVAILABLE THROUGH THE SERVICE OR BY ANY FORCE
MAJEURE OR ANY OTHER CAUSE BEYOND THEIR REASONABLE
CONTROL. IBDEDITORIALS.COM ET AL SHALL NOT BE LIABLE TO YOU OR TO
ANYONE ELSE FOR ANY LOSS OR INJURY CAUSED IN WHOLE OR IN
PART BY ITS NEGLIGENCE, OMISSION IN PROCURING,
COMPILING, INTERPRETING, EDITING, WRITING, REPORTING,
TRANSMITTING OR DELIVERING ANY INFORMATION OR DATA
THROUGH THIS SERVICE OR FOR INTERRUPTION IN ANY SUCH
DATA. IN NO EVENT WILL IBDEDITORIALS.COM ET AL BE LIABLE TO YOU OR ANYONE
ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN
RELIANCE UPON SUCH INFORMATION OR DATA OR FOR ANY
CONSEQUENTIAL, SPECIAL OR SIMILAR DAMAGES, INCLUDING BUT
NOT LIMITED TO LOST PROFITS, TRADING LOSSES, DAMAGES
RESULTING FROM INCONVENIENCE, OR LOSS OF USE OF THE
SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. THIS SERVICE MAY BE DISCONTINUED OR LIMITED AT
ANY TIME.
ACCESS/INTERFERENCE/MODIFICATION/LINKS/FRAMES
You may not frame or utilize framing techniques that
involve any trademark, logo, copyrighted material or
other proprietary information (including images, text,
page layout, or form) of any portion of IBDeditorials.com
without our express written consent. In addition, you
agree not to decompile, reverse engineer or disassemble
any software or other products or processes accessible
through IBDeditorials.com, not to use any device,
software or routine to interfere or attempt to interfere
with the proper working of Service, not to take any
action that imposes an unreasonable or
disproportionately large load on the IBDeditorials.com infrastructure,
and not to use any data mining, robot, spider, crawler,
cancelbots, Trojan horse, or any data gathering or
extraction method or manual process to facilitate the
misuse of IBDeditorials.com.
DISSEMINATION DISCONTINUANCE OR MODIFICATION
You understand that, at any time, IBDeditorials.com may discontinue
disseminating any category of Data, may change or
eliminate any transmission method and may change
transmission speeds or other signal characteristics. You
shall not hold IBDeditorials.com et al liable for any resulting
liability, loss or damages that may arise therefrom. You
acknowledge that IBDeditorials.com, in its sole discretion, may from
time to time make modifications to its system, the
Service, or Data.
COPYRIGHT/REDESSEMINATION PROHIBITED
All of the information, content, services and
software displayed on, transmitted through, or used in
connection with IBDeditorials.com, including for example
news articles, opinions, reviews, text, photographs,
images, illustrations, html, source and object code,
software, data, and the like (collectively, the
"Content"), as well as its selection and
arrangement, is owned by IBD, and its affiliated
companies, licensors and suppliers. IBD actively
protects its rights to the Content to the fullest extent
of the law. You may not use such material except as
provided in this Agreement.
You may use the Content online and solely for your
personal, non-commercial use, and you may download or
print a single copy of any portion of the Content 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 the Content on any
Internet, Intranet or Extranet site or incorporate the
Content in any database, compilation, archive or cache.
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 the written consent of IBD. For
information on requests to use of the Content for any
purpose other than as permitted in this paragraph,
please see Licensing & Business Development.
DURATION/SURVIVAL
This Agreement remains in effect for so long as you
have the ability to receive Data as contemplated by this
Agreement. Paragraphs INTELLECTUAL PROPERTY NOTICES,
PROPRIETARY DATA AND INFORMATION and DISCLAIMER OF
WARRANTIES, TERMS AND LIABILITY survive termination of
this Agreement. If any of the provisions of this
Agreement, or application thereof to any Person or
circumstance, shall to any extent be held invalid or
unenforceable, the remainder of this Agreement, or the
application of such terms or provisions to Persons or
circumstances other than those as to which they are held
invalid or unenforceable, shall not be affected thereby
and each such term and provision of this Agreement shall
be valid and enforceable to the fullest extent permitted
by law.
Natural persons executing this Agreement warrant and
represent that they are at least eighteen (18) years of
age. Users and the Person executing this Agreement on
behalf of any User that is a proprietorship,
corporation, partnership or other entity, represent that
such Person is duly authorized by all necessary and
appropriate corporate or other action to execute the
Agreement on behalf of User. This Agreement shall be
deemed to have been made in the United States in Los
Angeles, California and shall be construed and enforced
in accordance with, and the validity and performance
shall be governed by, the laws of California, without
reference to principles of conflicts of laws thereof.
User hereby consents to submit to the jurisdiction of
the courts of or for Los Angeles, California in
connection with any action or proceeding instituted
relating to this Agreement.
Under the penalties for perjury, you understand
that by using the Service You certify that You have read
and understand the above and agree to the terms and
conditions.
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