TheStreet.com Terms of Use

Table of Contents

Last revised: April 21, 2009

Please read our Terms of Use carefully before you become a user of our websites or a subscriber to any of our services.

TheStreet.com, Inc., its business units, subsidiaries and affiliates ("TheStreet.com," "we," or "us") provides its users with access via http://thestreet.com, http://realmoney.com, http://mainstreet.com, http://stockpickr.com, and/or http://bankingmyway.com (including any related sub-domains) to:

• Free content including blogs ("Free Service") and user-generated content ("User-Generated Content"); and
• Premium content written by our employees and/or independent contractors through paid subscription (the "Premium Service").

The Premium Service and the Free Service are collectively referred to herein as "Services" subject to and in compliance with the terms and conditions set forth herein.

1. Agreement

In consideration of TheStreet.com providing you with the Services, you agree to comply with these Terms of Use (the "TOU").

Current applicable subscription rates for the Premium Service can be found on such service offer page or by contacting our Customer Service Department by telephone at 1-866-321-8726 Monday through Friday between the hours of 8:00 a.m. and 6:00 p.m. If you do not agree to the terms and conditions contained in the TOU, you agree not to use the Service, and we do not consent to provide you with access to the Service.

2. Changes to the TOU

We reserve the right at any time to:

• Change the terms and conditions of the TOU;
• Change the Service, including eliminating or discontinuing any content or feature of the Service (including but not limited to ceasing to provide access to the Premium Service); or
• Change the fees, charges or other conditions for use of the Service (with reasonable notice).

Any changes we make to the TOU 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 websites or via email.  In addition, if any writer is added or removed from the Premium Service, the TOU may be modified with respect to such Premium Service. Your use of any Service after such notice will be deemed acceptance of such changes. The TOU, as well as our Privacy Policy may change also. You should check our websites frequently to see recent changes.

3. Important Disclaimer

TheStreet.com is a publisher. You understand that no content published as part of the Service constitutes a recommendation that any particular security, portfolio of securities, transaction or investment strategy is suitable for any specific person. You further understand that none of the information providers or their affiliates will advise you personally concerning the nature, potential, value or suitability of any particular security, portfolio of securities, transaction, investment strategy or other matter. To the extent any of the content published as part of the Service may be deemed to be investment advice, such information is impersonal and not tailored to the investment needs of any specific person.

You understand that the Premium Service may contain opinions from time to time with regard to securities mentioned in other Services, and that those opinions may be different from those obtained by using another Premium Service. In addition, certain of TheStreet.com affiliates and employees may, from time to time, have long and short positions in, or buy or sell the securities, or derivatives thereof, of companies mentioned in the service and may take positions inconsistent with the views expressed.

You further understand that TheStreet.com and its employees, independent contractors, affiliates, outside contributors and authors of the Services may not and will not advise you personally concerning the nature, potential, value or suitability of any particular security, portfolio of securities, transaction, investment strategy or other matter. Accordingly, do not attempt to contact them seeking personalized investment advice, which they cannot provide.  Past results are not necessarily indicative of future performance.

You understand and agree that, although we do not permit our editorial staff to hold positions in individual securities other than TheStreet.com, 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. 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 contributing columnists or their affiliates may have a position in the securities written about. In addition certain of TheStreet.com's subsidiaries, affiliates and employees may, from time to time, have long and short positions in, or buy or sell the securities, or derivatives thereof, of companies mentioned in respective Service(s) and may take positions inconsistent with the views expressed.

You understand that performance data is supplied by sources believed to be reliable, that the calculations therein 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 Services) are at least 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.

To the extent any of our services involves a model portfolio, as disclosed below, such model portfolio of stocks or options is chosen by the author in accordance with their stated investment strategy. Your actual results may differ from results reported for the model portfolio for many reasons, including, without limitation:

• performance results for the model portfolio do not reflect actual trading commissions that you may incur;
• performance results for the model portfolio do not account for the impact, if any, of certain market factors, such as lack of liquidity, that may affect your results;
• the stocks chosen for the model portfolio may be volatile, and although the "purchase" or "sale" of a security in the model portfolio will not be effected in the model portfolio until confirmation that the email alert has been sent to all subscribers, delivery delays and other factors may cause the price you obtain to differ substantially from the price at the time the alert was sent; and
• the prices of stocks in the model portfolio at the point in time you begin subscribing to the service may be higher than such prices at the time such stocks were chosen for inclusion in the model portfolio.

Certain of the Premium Services are subject to additional restrictions, as set forth below:

• Action Alerts PLUS: Action Alerts PLUS is written by Mr. James J. Cramer. He is a Markets Commentator for TheStreet.com and CNBC, and a director and co-founder of TheStreet.com. Mr. Cramer is subject to certain restrictions in transacting for his own benefit in securities he purchases for his Action Alerts PLUS portfolio. Specifically, Mr. Cramer must hold all securities in his Action Alerts PLUS portfolio for at least one month. In addition, he is not permitted to buy or sell any security he has spoken about on CNBC or his radio program for five days following the broadcast.
• TheStreet.com Top Stocks: TheStreet.com Top Stocks is written by Helene Meisler. She also writes a technical analysis column on the U.S. equity markets for TheStreet.com's RealMoney. At the time of publication, Ms. Meisler will not have a position in any security that she discusses in TheStreet.com Top Stocks. Furthermore, Ms. Meisler may not enter orders to purchase or sell securities mentioned in TheStreet.com Top Stocks until 24 hours after publication of the issue of TheStreet.com Top Stocks on which the security is mentioned.
• TheStreet.com Dividend Stock Advisor: TheStreet.com Dividend Stock Advisor is written by David Peltier. He is a research associate at TheStreet.com. The Dividend Stock Advisor is a model portfolio. An editorial employee of TheStreet.com, Mr. Peltier is restricted from owning individual securities other than stock or options in TheStreet.com.
• TheStreet.com Value Investor: TheStreet.com Value Investor is written by David Peltier. He is a research associate at TheStreet.com. The Value Investor is a model portfolio. An editorial employee of TheStreet.com, Mr. Peltier is restricted from owning individual securities other than stock or options in TheStreet.com.
• TheStreet.com Stocks Under $10: TheStreet.com Stocks Under $10 is written by Frank Curzio and Larsen Kusick. They are research associates at TheStreet.com. As editorial employees of TheStreet.com, Messrs. Cuzio and Kusick are restricted from owning individual securities other than stock or options in TheStreet.com. TheStreet.com Stocks Under $10 portfolio is a model portfolio of stocks chosen by the authors in accordance with their stated investment strategy.
• TheStreet.com Breakout Stocks: TheStreet.com Breakout Stocks is written by Larsen Kusick, a research associate at TheStreet.com. As an editorial employee of TheStreet.com, Mr. Kusick is restricted from owning individual securities other than stock or options in TheStreet.com.
• The Daily Swing Trade: The Daily Swing Trade is written by Alan Farley. He is a freelance writer and a contributor to RealMoney. Mr. Farley may not enter orders to purchase or sell securities mentioned in his service until 24 hours after publication of the issue in which the security is mentioned.
• TheStreet.com ETF Shark Alerts: TheStreet.com ETF Shark Alerts is written by James "Rev Shark" DePorre. He is the founder and CEO of Shark Asset Management, an SEC registered investment advisory firm. Mr. DePorre also operates SharkInvesting.com, an interactive online community that serves and educates active investors. In addition, he writes the "Trading Insights" blog for TheStreet.com, Inc.'s RealMoney premium subscription Web site. Mr. DePorre may not enter orders to purchase or sell securities mentioned in his service until 24 hours after publication of the issue in which the security is mentioned.
• TheStreet.com InsiderInsights: TheStreet.com InsiderInsights is written by Jonathan Moreland. Mr. Moreland may not enter orders to purchase or sell securities mentioned in his service until 24 hours after publication of the issue in which the security is mentioned. The service includes a list of stocks chosen by Mr. Moreland in accordance with his stated investment strategy. Your actual results may differ from results reported for the list for many reasons, including, without limitation: (i) performance results for the list do not reflect actual trading commissions that you may incur; (ii) performance results for the list do not account for the impact, if any, of certain market factors, such as lack of liquidity, that may affect your results; (iii) the price of stocks chosen for the list may change in a short period of time, and although the "purchase" or "sale" of a stock on the list will not be affected on the list until confirmation that the email alert has been sent to all subscribers, delivery delays and other factors may cause the price you obtain to differ substantially from the price at the time the alert was sent; and (iv) the prices of stocks on the list at the point in time you begin subscribing to the service may be higher than such prices at the time such stocks were chosen for inclusion on the list.
• TheStreet.com Options Alerts: R. Judson ("Jud") Pyle is the Chief Investment Strategist for PEAK6 Media LLC (also known as www.ONN.TV) and is also the author of TheStreet.com Options Alerts.  Mr. Pyle is not restricted from owning individual securities or options.
• TheStreet.com Chairman's Club: Authors of Premium Services accessible through TheStreet.com Chairman's Club subscription may be subject to additional restrictions. You should read those restrictions set forth herein.
• TheStreet.com Deep in the Money Calls is written by Pete Najarian. Mr. Najarian a professional investor, noted media analyst and speaker, and co-founder of optionMONSTER®. Mr. Najarian is not restricted from owning individual securities or options. Options trading carries substantial monetary risk and may not be suitable for all investors. Unlike stock trading, there are different levels of risk associated with various options positions, and you should familiarize yourself with the type of option (i.e., put or call) you contemplate trading. The service includes a list of options chosen by Mr. Najarian in accordance with his stated investment strategy. Your actual results may differ from results reported for the list for many reasons, including, without limitation: (i) performance results for the list do not reflect actual trading commissions that you may incur; (ii) performance results for the list do not account for the impact, if any, of certain market factors, such as lack of liquidity, that may affect your results; (iii) the price of call options chosen for the list may change in a short period of time, and although the "purchase" or "sale" of a call option on the list will not be affected on the list until confirmation that the email alert has been sent to all subscribers, delivery delays and other factors may cause the price you obtain to differ substantially from the price at the time the alert was sent; and (iv) the prices of call options on the list at the point in time you begin subscribing to the service may be higher than such prices at the time such stocks were chosen for inclusion on the list. All suggested trading ideas involve the purchase of 10 options contracts, unless otherwise noted.
• TheStreet.com Top Gun Trader: Rick Bensignor is the author of TheStreet.com Top Gun Trader. Mr. Bensignor is the Chief Market Strategist of Execution LLC, the U.S. arm of a U.K.-based equities agency business. Mr. Bensignor is not restricted from owning individual securities or options.

4. Registration and Privacy

In order to gain access to portions of the Service, you must become a member by choosing a unique (and inoffensive) user name and password, and supply us with true, accurate, current and complete information about yourself, as required on the registration page.

If you are already a member of TheStreet.com, you may use the user name and password you chose when you registered for membership. If the information you provide is untrue, inaccurate, incomplete or outdated, or we have reasonable grounds to suspect it is, we have the right to suspend or terminate your membership, and to prohibit your current or future use of the Service. Our policy with respect to the collection and use of your personal information is set forth in our Privacy Policy.

As a member, you also have certain other obligations relating to your account:

• You may not transfer to or resell your use of or access to the Service to any third party;
• You are responsible for all activities that occur under your account;
• You are responsible for maintaining the confidentiality of your User Name and password; and
• You agree to notify us at members@thestreet.com if you become aware of any possible unauthorized use(s) of your account or any possible breach of security, including loss, theft, or unauthorized disclosure of your User Name or password.

5. Subscription Cancellation for Premium Service

During the free-trial portion of your subscription, if any, you may cancel your subscription to the Premium Service at any time and not be billed by notifying our Customer Service Department by telephone at 1-866-321-TheStreet.com (321-8726) Monday through Friday between the hours of 8:00 a.m. and 6:00 p.m.

Please note:

• Upon the expiration of your free trial, your credit card will be billed the applicable subscription fee and your paid subscription will commence. If you are a monthly subscriber, you will not receive a refund or reimbursement of your subscription fee after your free trial period has ended.
• If you are an annual subscriber, you may receive a refund of your annual subscription fee only if you cancel within 30 days of the end of your free trial period. After that, although your subscription may be terminated, you will not be entitled to any refund, reimbursement, or other credit.

Please also read the Subscription Renewal provisions, below.

6. Subscription Renewal for Premium Service

Your subscription will continue for the monthly or annual period you select during registration (the "Term"), and renew automatically at the end of the Term, unless you notify us of your decision not to renew your subscription by calling our Customer Service Department. If you do not notify us, the then-applicable monthly or annual fee for your subscription will be billed automatically to the credit card you designated during the registration process (or subsequently changed).

Please note:

• If you are a monthly subscriber, you will not receive a refund or reimbursement of your subscription fee after your subscription has renewed.
• If you are an annual subscriber, you may receive a refund of your annual subscription fee only if you cancel within 30 days of the date of your subscription renewal. After that, although your subscription may be terminated, you will not be entitled to any refund, reimbursement, or other credit.

In connection with recurring billing for subscription renewals, we may receive updated information about your account from the financial institution issuing your credit or charge card. You agree to pay all fees and charges incurred in connection with your User Name and password (including any applicable taxes) at the rates in effect when the charges were incurred. You will have 60 days from the date of charge to notify us concerning any discrepancies in your credit card statement or any invoice; after that time, all charges will be deemed correct and no refunds will be given. You agree to pay all amounts due upon our demand. In the event we have to collect unpaid amounts you owe us, you will be liable for all attorneys' and collection agency fees.

7. TheStreet.com's Proprietary Rights

The Service and the content distributed through the Service is the property of TheStreet.com and/or its licensors. You may access and use the content, and download and/or print out one copy of any content from the Service, solely for your personal, noncommercial use. You acknowledge that you do not acquire any ownership rights by using the Service. If you are interested in reprinting, republishing or distributing content from TheStreet.com, please see our Reprints page.

Because we occasionally host forums and User-Generated Content as part of the Service and therefore redistribute User-Generated Content you give us, we need to obtain certain rights in those materials. By posting, sending or transmitting to us User-Generated Content, you grant us and our designees a worldwide, non-exclusive, sub-licensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such User-Generated Content in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the User-Generated Content. None of the User-Generated Content disclosed in any part of the Service shall be subject to any obligation, whether of confidentiality, attribution, or otherwise, on our part and we shall not be liable for any use or disclosure of any User-Generated Content.

"TheStreet.com," "TheStreet", the "TheStreet.com Logo", "RealMoney.com," "RealMoney," "Street Insight," "MainStreet.com Where Life and Money Intersect", "Stockpickr", "BankingMyWay.com", "Beat The Street", "TheStreet.com Daily Briefing", "TheStreet.com Internet Index", "TheStreet.com's Short Advisor", "Chartman's Top Stocks" and other marks are trademarks and/or service marks of TheStreet.com, Inc. All other trademarks, service marks, and logos used on our websites are the trademarks, service marks, or logos of their respective owners.

8. User Conduct

You may not republish, upload, post, transmit or distribute content available through the Service to online bulletin boards, message boards, newsgroups, chat rooms, 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 the Service, you agree not to:

• Restrict or inhibit any other visitor from using the Service, including, without limitation, by means of "hacking" or defacing any portion of any of our websites;
• Use the Service 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 Service or any of our websites;
• "Frame" or "mirror" any content available through the Service or any of our websites 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 content available through the Service or any of our websites; or
• Harvest or collect information about users of the Service without their express consent.

You also agree to comply with all applicable laws, rules and regulations in connection with your use of the Service and the content made available therein.

9. User-Generated Content

TheStreet.com reserves the right to terminate your access to the Service and, in egregious cases, your membership in the Premium Services, in the event you violate the TOU and the provision set forth below. In such case, you will not be entitled to receive a refund of any portion of the subscription fee paid by you.

You agree to:

• Post comments in both tone and content that contribute in a positive and high quality manner to the substantive exchange of information and the subject matter of the content.
• By posting comments, you automatically grant such posts to TheStreet.com the rights set forth in section 7, above.
• Be responsible for all statements made and acts or omissions that occur on your subscription account while your password is being used.
• Waive any and all rights against TheStreet.com and hold TheStreet.com harmless in connection with any claims relating to any action taken by TheStreet.com as part of its investigation of a suspected violation or result of its conclusion that a violation of the TOU has occurred, including but not limited to the removal of posts or a suspension or termination of your membership account;
• Maintain and promptly update your registration data to keep it true, accurate, current and complete.

You agree not to:

• Choose an alias that is threatening, abusive, offensive, harassing, derisive, defamatory, vulgar, obscene, libelous, hatefully, racially, ethnically or otherwise or objectionable.
• Post any comment that you either know or should know is false, deceptive or misleading, or misrepresent or deceive others as to the source, accuracy, integrity or completeness of any comment you post.
• Post any comment that is unlawful, harmful or injurious to others, threatening, abusive, offensive, harassing, derisive, defamatory, vulgar, obscene, libelous, hatefully, racially, ethnically or otherwise tortious or objectionable.
• Post any comment that does or may invade the privacy or violate or infringe on any rights of others, including, without limitation, copyrights and other intellectual property rights.
• By use of your alias or in any comment, impersonate any person, firm or entity, falsely or deceptively state, infer or otherwise misrepresent your affiliation with or connection to any person, firm or entity.
• Post any comment which, either the act of posting or the comment itself, you do not have a right to do under any law, regulation or order of any court, or as a result of an employment, contractual, fiduciary or other legal obligation or relationship.
• Post any advertising, promotional materials, so called "chain letters," "pyramid" or other schemes or invitations to participate in these or any other form of solicitation or promotion.
• Post any non-public or otherwise restricted, confidential or proprietary information without authorization.
• Violate any local, state, national or international law, regulation or order of any court, including but not limited to regulations of the U.S. Securities and Exchange Commission, any rules of any securities exchange, including without limitation, the New York Stock Exchange, the American Stock Exchange or The Nasdaq Stock Market.

TheStreet.com retains the right in its sole discretion, arbitrarily and/or for any reason and without any notice whatsoever, to edit, move, delete, and/or remove any User-Generated Content posted on any of its websites at any time. Without limiting the foregoing, TheStreet.com has the right to delete any User-Generated Content that TheStreet.com believes, in its sole discretion, does or may violate the TOU.

You expressly agree that under no circumstances is TheStreet.com responsible, nor will TheStreet.com be liable for any User-Generated Content or for any loss or damage of any kind, that arises or results from such User-Generated Content posted on any of its websites, or any comment deleted by TheStreet.com or its agents from any of its websites. This includes not only the comments posted, but also any external websites or resources, content, advertising, products, services or any other materials or information on or available from any person, firm or entity other than TheStreet.com, posted on any of its websites.

TheStreet.com disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and noninfringement. This disclaimer includes, direct, indirect, incidental, consequential and any and all forms of damages, regardless of the form of action or the basis of the claim.

You agree that you are responsible for your own use of the websites, for any User-Generated Content that you make, and for any consequences thereof. You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence and all United States export control laws.

10. Links to Other Websites and Viral Links

Your use of certain services made available to you by TheStreet.com may be governed by additional rules, which are available on our websites or by hyperlink from other websites, 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.

Any sweepstakes, contests, and games that are accessible through our websites are governed by specific rules. By entering such sweepstakes or contests or participating in such games, you will become subject to those rules.

Content available through the Service may contain links to other Internet websites or resources. We neither control nor endorse such other websites, nor have we reviewed or approved any content that appears on such other websites. 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.

Viral Links

You are encouraged to link to the Service on online bulletin boards, message boards, newsgroups, websites or chat room ("Third Party Site"). If you elect to display links from our websites on a Third Party Site, you agree that you will comply with TheStreet.com's viral linking requirement as set forth herein. Notwithstanding anything contained herein, we reserve the right to deny permission to you to link to the website for any reason in our sole and absolute discretion.

TheStreet.com hereby grants you the permission such links on a Third Party Site, provided, however, that you comply with the following guidelines:

• You may display only an excerpt of the content that must be followed by a link to the full content of the Service. You are not permitted to reproduce the entire text of content as it appears on the website. You are prohibited from displaying excerpts from the Premium Service.
• The byline must consist of the name or title of the content and the name of the website. (e.g. "as appearing on TheStreet.com")

Any website that links to TheStreet.com (a) must not suggest or imply that we are sponsoring or endorsing such website(s)'s product, unless TheStreet.com has given its prior written consent; (b) must not use any of our trademarks on such Third Party Site without prior written consent of TheStreet.com; and (c) must not display any excerpt of TheStreet.com content and link together with content on such Third Party Site that may be construed as distasteful, offensive or controversial.

11. Disclaimer of Warranties

The Service, and any content, product or service obtained or accessed through the 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, TheStreet.com, its officers, directors, employees, subsidiaries, 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 Service. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you.

TheStreet.com and its affiliates, suppliers, agents and sponsors do not warrant that your use of the Service will be uninterrupted, error-free, or secure, that defects will be corrected, or that the Service or the server(s) on which the Service 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 service, and all charges related thereto. You assume total responsibility and risk for your use of the Service and your reliance thereon. No opinion, advice, or statement of TheStreet.com or its affiliates, suppliers, agents, members, or visitors, whether made on the site or otherwise, shall create any warranty. You use of the site, the content contained therein, and materials provided through the site, are entirely at your own risk.

A possibility exists that content available through the Service could include inaccuracies or errors, or materials that violate the TOU. Additionally, a possibility exists that unauthorized alterations could be made to the content available through the Service by third parties. Although we attempt to ensure the integrity of our websites and other products and services, we make no guarantees as to the completeness or correctness of any content available through the Service. In the event that such a situation arises, please contact us at notices@thestreet.com with, if possible, a description of the material to be checked and the location (URL) where such material can be found on our websites, 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.

Under no circumstances shall TheStreet.com be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties.

12. Limitation of Liability

Neither TheStreet.com nor its affiliates, suppliers, subsidiaries, advertisers, agents or sponsors are responsible or 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 Service and/or any content contained therein, or any product or service used or purchased through TheStreet.com. Your sole remedy for dissatisfaction with the 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 Service in the current calendar year of your subscription. 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.

13. 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 TOU; (b) your use of the Service; or (c) your violation of the rights of any third party.

14. Termination

You understand and agree that TheStreet.com may, under certain circumstances and without prior notice to you, terminate your access to and use of the Service. Cause for such termination shall include, but not be limited to, (i) breaches or violations of the TOU or other agreements or guidelines, (ii) requests by law enforcement or other government or regulatory authorities, or (iii) technical difficulties.

15. 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 TheStreet.com, Inc. 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 websites should be sent to General Counsel, TheStreet.com, Inc., 14 Wall Street, 15th Floor, New York, NY 10005, tel: (212) 321-5000, fax: (212) 321-5013, email: notices@thestreet.com. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.

16. Miscellaneous

The Service is directed solely to individuals residing in the United States. We make no representation that materials provided through the Service are appropriate or available for use in other locations. Those who choose to access the Service 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 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 TOU, together with all TheStreet.com policies referred to herein, constitutes the entire agreement between you and TheStreet.com relating to your use of the Service and supersedes and any all prior or contemporaneous written or oral agreements on that subject between us. The TOU and the relationship between you and TheStreet.com 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 TheStreet.com 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 TOU is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the TOU 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 TOU 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 TOU.

17. Legal Notices

California residents may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 400 R Street, Suite 1080, Sacramento, CA 95814, or by telephone at (916) 445-1254 or (800) 952-5210.