Terms of Use
THIS AGREEMENT DESCRIBES YOUR RIGHTS AND RESPONSIBILITIES. PLEASE READ IT CAREFULLY. TheStreet.com, Inc. Terms of Use Last revised: October 23, 2001 PLEASE READ THIS TERMS OF USE AGREEMENT CAREFULLY BEFORE USING THIS WEBSITE. TheStreet.com, Inc. ("we," "us") provides the websites known as TheStreet.com, RealMoney.com and ipoPros.com, as well as all services related to the websites (collectively, "the Sites") subject to your compliance with the terms and conditions set forth in this Agreement. By using any of the Sites, you agree to be bound by these terms and conditions. If you do not agree to these terms and conditions, please do not use the Sites. We recently revised our Terms of Use Agreement, in connection with our offering of some new products. Please take a moment to review the new version below. You must be at least 18 years of age to use the Sites. If you are not at least 18 years old, please do not access or use the Sites. This Agreement is made between TheStreet.com, Inc. and you, the user and/or member of one or more of the Sites ("you"). We reserve the right at any time to:
Change the terms and conditions of this Agreement;
Change the Sites, including eliminating or discontinuing any content on or feature of any of the Sites; or
Change any fees or charges for use of the Sites.
Any changes we make 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 the Sites or via electronic mail. Your use of the Sites after such notice will be deemed acceptance of such changes. Be sure to review this Agreement periodically to ensure familiarity with the most current version. Upon our request, you agree to sign a non-electronic version of this Agreement. TheStreet.com, Inc. is a publisher. We are not registered as a securities broker-dealer or an investment adviser either with the U.S. Securities and Exchange Commission or with any state securities regulatory authority. The material provided on our Sites is for general informational purposes only. No information on any of the Sites is intended as securities brokerage, investment, tax, accounting or legal advice, as an offer or solicitation of an offer to sell or buy, or as an endorsement, recommendation or sponsorship of any company, security, or fund. The information on the Sites should not be relied upon for purposes of transacting securities or other investments. We cannot and do not assess, verify or guarantee the adequacy, accuracy or completeness of any information, the suitability or profitability of any particular investment, or the potential value of any investment or informational source. You bear responsibility for your own investment research and decisions, and should seek the advice of a qualified securities professional before making any investment. Any sale or purchase of securities or ownership interest that results from information presented on the Sites will be on a negotiated basis between the parties without any additional participation by or remuneration to TheStreet.com, Inc. When U.S. exchanges are open, stock and fund quotes (other than those obtained through the Real Time quote service available to subscribers of RealMoney.com) 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. Conflicts and Disclosure Policy. We do not permit our
editorial staff to hold positions in individual stocks, although they may own stock in TheStreet.com, Inc. Please review our
Conflicts and Disclosure Policy for more information.
Privacy. Our policy with respect to the collection and use of your personal information is set forth in our
Privacy Policy.
Code of Conduct. While using the Sites you agree not to:
Restrict or inhibit any other visitor or member from using the Sites, including, without limitation, by means of "hacking" or "cracking" or defacing any portion of any of the Sites;
Use the Sites for any unlawful purpose;
Express or imply that any statements you make are endorsed by us, without our prior written consent;
Transmit (a) any content or information that is unlawful, fraudulent, threatening, harrassing, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes on our or any third partys intellectual property or other rights; (b) any material, non-public information about companies without the authorization to do so; (c) any trade secret of any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us);
Engage in spamming or flooding;
Transmit any software or other materials that contain any virus, worm, time bomb, Trojan horse, or other harmful or disruptive component;
Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of any of the Sites;
Remove any copyright, trademark, or other proprietary rights notices contained in the Sites;
Frame" or "mirror" any part of the Sites without our prior written authorization;
Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Sites or their contents;
Harvest or collect information about Site visitors or members without their express consent; or
Permit anyone else whose account or subscription was terminated to use any of the Sites through your subscription, username or password.
While using the Sites you agree to comply with all applicable laws, rules and regulations.
Registration for Subscription Sites. To have access to
RealMoney.com or
ipoPros.com, you must be or become a member. When and if you register to become a member, you agree to (a) provide accurate, current, and complete information about yourself as prompted by the appropriate registration form, and (b) to maintain and update your information to keep it accurate, current, and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current, or incomplete, we reserve the right to terminate this Agreement and your use of the Sites.
As part of the registration process, you will be asked to select a username and password. We may refuse to grant you a username that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion, as determined by us in our sole discretion. You agree not to transfer or resell your use of or access to
RealMoney or
ipoPros to any third party. If you are a
RealMoney subscriber, and you have reason to believe that your account is no longer secure, you must promptly change your password by updating your
account information, and immediately notify us by emailing us at
members@realmoney.com. If you are an
ipoPros.com subscriber, and you have reason to believe your account is no longer secure, you must promptly contact
ipoPros.com by sending an email to
subscribe@ipopros.com or by calling its offices during business hours at (303) 443-5927.
YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES (INCLUDING PURCHASES) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
Payment. Current subscription rates and charges for
RealMoney are available by telephone at (800) 562-9571, by email at
members@realmoney.com, or on the
RealMoney
subscription page. Current subscription rates and charges for
ipoPros are available by telephone at (303) 443-5927, by email at
subscribe@ipopros.com, or at the
ipoPros
subscription page. Payment for your subscription is due in advance of the subscription period you select.
Renewal. Your subscription will continue and will renew automatically unless terminated by us in accordance with this Agreement or until you notify us of your decision to terminate your subscription. The appropriate annual, monthly, or similar periodic fee for your subscription will be billed automatically at the beginning of each renewal period, to the credit card you designated during the registration process (or subsequently changed) unless you cancel your subscription before the renewal period begins. You agree to pay all fees and charges incurred in connection with your username and password (including any applicable taxes) at the rates in effect when the charges were incurred. You have 90 days from the date that any discrepancies in your statement or any invoice first appear to notify us; after that time, all charges will be deemed correct. 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.
Cancellation. You may cancel your subscription to
RealMoney.com by notifying our Customer Service Department at (800) 562-9571. You may cancel your subscription to
ipoPros.com by calling its offices during business hours at (303) 443-5927. If you are an annual subscriber, you will be entitled to a refund of the annual subscription fee only if you notify us of your cancellation within the first 30 days of the term (or, if it's a renewal of an annual subscription, of the renewal term). After that, although you may terminate your subscription, it cannot be cancelled, and you will not be entitled to any refund or credit. Monthly subscriptions will not be reimbursed or refunded. Any delinquent or unpaid amounts must be paid in full before you may re-subscribe. Cancellation will take effect no later than 10 business days after we receive your notification.
Termination. This Agreement shall remain effective until terminated in accordance with its terms. TheStreet.com, Inc. may terminate this Agreement, and/or your access to and use of the Sites or any portion thereof, immediately, in the event we determine, in our sole discretion, that you have breached this Agreement. In addition, we reserve the right, upon 10 business days notice and the reimbursement of any whole months remaining on your subscription, to terminate this Agreement without cause.
Submissions and Postings. Please note that, because we host Message Boards and other forums on the Sites and therefore redistribute materials you give us, we need to obtain certain rights in those materials. By sending or transmitting to us creative suggestions, ideas, notes, concepts, information, or other materials (collectively, "Materials"), or by posting such Materials to any area of the Sites, you grant us and our designees a worldwide, non-exclusive, sublicensable (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 Materials in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Materials. None of the Materials disclosed in Message Boards or other forums 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 Materials. Further terms for the use of our Message Boards can be found
here.
Chats. Chats are intended to serve as a discussion center for subscribers to
RealMoney. Information provided in Chats may be provided by our staff, our outside contributors, or by contributors or users not connected with TheStreet.com, Inc., some of whom may use anonymous screen names. People may post messages or make statements in Chats that are inaccurate, misleading, or deceptive, whether intentionally or unintentionally. We neither endorse nor are responsible for any opinion, advice, information, or statement made or displayed in Chats by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in messages. Under no circumstances will we or our affiliates, suppliers, or agents be liable for any loss or damage caused by your reliance on information obtained in Chats.
The opinions expressed in the Chats are solely the opinions of the participants, and do not reflect the opinions of the TheStreet.com, Inc. or any of its subsidiaries or affiliates. We have no obligation to monitor Chats, or any other materials that you or other third parties transmit or post on or to the Sites or Chats. However, you acknowledge and agree that we have the right (but not the obligation) to monitor the Sites and the Chats and the materials you transmit or post; to alter or remove any such materials (including, without limitation, any posting to a Chat); and to disclose such materials and the circumstances surrounding their transmission to any third party in order to operate the Sites properly; to protect ourselves, our sponsors, and our members and visitors; and to comply with legal obligations or governmental requests.
Services and Tools. Your use of certain services on the Sites may be governed by additional rules, which are available on the 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 TheStreet.com, Inc. and the third party is terminated. You expressly acknowledge and agree that your use of all services is solely at your risk.
Real Time Stock Quotes. The Real Time Data Access service available on
RealMoney.com is provided by The Nasdaq Stock Market, Inc. We are not responsible for this service, which is governed by its own
Terms of Use.
Real-Time Portfolio Tracker. The Real-Time Portfolio Tracker is a premium product provided to TheStreet.com's users as a result of a partnership with Money.net Inc. Users of the product must agree to the terms in its
Subscription Agreement.
Jim Cramer's Action Alerts PLUS. TheStreet.com provides, on a subscription basis, a product called
Jim Cramer's Action Alerts PLUS. Subscribers will have access to a web page containing a continuously updated version of Jim Cramer's personal stock portfolio and will receive by email Action Alerts describing Mr. Cramer's trades in the portfolio and the rationale behind them. The product is powered by INVESTools, Inc.
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