Acceptance of Terms
RateWatch provides its clients with active accounts access to financial information (the "Reports") via its website, www.rate-watch.com (the "RateWatch Site") or other communication methods. The Reports and the proprietary information therein are collectively referred to herein as a "Service" or the "Services" subject to and in compliance with the terms and conditions set forth herein.
You also understand and agree that the Services may include certain communications from RateWatch or TheStreet, such as service announcements and administrative messages that You may not be able to opt out of receiving.
Changes to the TOU and Our Services
We reserve the right at any time to:
- Change the terms and conditions of the TOU;
- Change all or any portion of the Service, eliminating or discontinuing any content or feature of the Services
- Change the fees, charges or other conditions for use of the Services (with reasonable notice, in our sole discretion).
Any changes we make to the TOU will be effective immediately after we post the modified TOU on the RateWatch Site. In the event that You have the TOU cached on your browser, the TOU that applies to You is the most recent version of the TOU that appears on a non-cached browser. In addition, if a Service is added or removed, or the terms of their engagement has changed, the TOU may be modified with respect to such Service. You should check our TOU frequently.
Important Disclaimer Regarding the Information We Provide
TheStreet is a publisher. You understand that no content published as part of the Services constitutes a recommendation that any particular investment, security, portfolio of securities, transaction or investment strategy is suitable for any specific person. You further understand that none of the creators or providers of our Services or their affiliates will advise You personally concerning the nature, potential, value or suitability of any particular investment, 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. To the extent any of the content published as part of the Services 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 data and rate information 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 data and reports we have published. These references may be selective, may reference only a portion of a report and may not to be current. As markets change continuously, previously published information and data may not be current and should not be relied upon.
Registration and Privacy
In order to gain access to portions of the Service, You must choose a unique user name and password, and supply us with true, accurate, current and complete information about yourself, and your RateWatch account as required on the registration page. We may refuse to grant You a user name that is threatening, abusive, offensive, harassing, derisive, defamatory, vulgar, obscene, libelous, invasive of another's privacy, impersonates someone else, is or may be protected by trademark or proprietary rights law, or is hatefully, racially, ethnically or otherwise objectionable, or inappropriate, as determined by us in our sole discretion. In consideration of Your use of the Services, You represent that You are of legal age to form a binding contract and are not a person barred from receiving the Services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form and (b) maintain and promptly update Your registration data to keep it true, accurate, current and complete.
- You also have certain other obligations relating to Your account:
- You may not transfer to or resell Your use of or access to the Services 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 firstname.lastname@example.org 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.
RateWatch's Proprietary Rights
"RateWatch", "TheStreet" and other marks are trademarks and/or service marks of TheStreet, Inc. All other trademarks, service marks, and logos used on our websites are the trademarks, service marks, or logos of their respective owners.
You may not republish, upload, post, transmit or distribute content available through the Services to online bulletin boards, message boards, newsgroups, chat rooms, or in other any manner, without our prior written permission.
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 Services for any unlawful purpose;
- Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Services or any portion of our website;
- "Frame" or "mirror" any content available through the Services 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 Services or any of our websites; or
- Harvest or collect information about users of the Services without their express consent.
You also agree that at all times You will:
- Comply with all applicable laws, rules and regulations in connection with Your use of the Services and the content made available therein;
- Be responsible for all statements made and acts or omissions that occur on Your user account while Your password is being used;
- Waive any and all rights against RateWatch/TheStreet and hold RateWatch/TheStreet harmless in connection with any claims relating to any action taken by RateWatch/TheStreet 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 suspension or termination of Your membership account; or
- Maintain and promptly update Your registration data to keep it true, accurate, current and complete.
Links to Other Websites
Your use of certain services made available to You by RateWatch/TheStreet may be governed by additional rules, which are available on our websites or by hyperlink from other websites, in connection with the Services. 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 own risk.
Content available through the Services 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, timeliness, 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.
Disclaimer of Warranties
The Service, and any content obtained or accessed through the Service, is provided "as is" without representations or warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, RateWatch, TheStreet, 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 or use, and all warranties relating to the adequacy, accuracy, timeliness or completeness of any information available through the Service.
RateWatch, TheStreet and its affiliates, suppliers, agents and sponsors do not warrant and accept no liability that Your use of the Services and any content contained therein will be uninterrupted, error-free, or secure, that defects will be corrected, or that the Services or the server(s) on which the Services are hosted are free of viruses, worms, malicious code, Trojan horses, malware, or other harmful components. TheStreet and its affiliates, suppliers, agents and sponsors accept no liability for any software downloaded from the Services. You acknowledge that You are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use the Service, and all charges related thereto. You assume total responsibility and risk for Your use of the Services and Your reliance thereon. No data, opinion, advice, or statement of RateWatch, TheStreet 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 contained therein, and materials provided through the site, are entirely at Your own risk. TheStreet and its affiliates, agents and sponsors will not be liable for any informational errors, incompleteness, delays or any actions taken in reliance on information contained in the Services.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. You agree that RateWatch/TheStreet shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Services.
A possibility exists that content available through the Services 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 Services by third parties. Although we attempt to ensure the integrity of our website 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 email@example.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 RateWatch or TheStreet 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.
Limitation of Liability
Neither Ratewatch/TheStreet nor its affiliates, suppliers, subsidiaries, advertisers, agents or sponsors are responsible or liable for any indirect, incidental, consequential, special, exemplary, punitive, reliance or other damages under any contract, negligence, strict liability or other legal theory arising out of or relating in any way to the services and/or any content contained therein, or any service used or purchased through RateWatch/TheStreet, whether such damage is foreseeable or not and whether or not you have been advised of the possibility of such loss or damage and notwithstanding the failure of essential purpose of any limited remedy. For avoidance of doubt, damages arising under the section entitled "indemnification" (including without limitation damages to which a party is entitled to indemnification under such section that such party suffers in connection with third party claims for indirect, special, incidental or consequential damages) are deemed to be direct damages of the indemnified party. 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 services in the current calendar year.
You agree to indemnify, defend and hold harmless RateWatch/TheStreet, our current and former affiliates, our current and former officers, directors, employees, agents and representatives and their successors and assignees from and against any and all liabilities, claims (including, without limitation, third-party claims), damages, losses, costs (including reasonable attorneys' fees), or other expenses associated with or incurred as a result of or from (a) Your violation of the TOU; (b) Your use of the Services; (c) Your violation of the rights of any third party; (d) the actual or alleged infringement of any third party proprietary or intellectual property right arising out of the duplication, sale, distribution, or use of the Services, or (e) any liability arising from Your use of the Services including any User-Generated Content You create.
RateWatch/TheStreet reserves the right to restrict, suspend or terminate Your use of and registration on its website at any time for any reason in its sole discretion, with or without cause, without prior notice to You and without liability or further obligation of any kind whatsoever to You or any other party. RateWatch/TheStreet reserves the right to terminate Your access to any portion of the Services and, in some cases in the sole discretion of RateWatch/TheStreet, Your membership in the Premium Services, in the event You violate the TOU. In such case, You will not be entitled to receive a refund, reimbursement or any other credit for any portion of the fee paid by You.
You may terminate Your user account, and access to the Services by submitting such termination request to us.
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. The procedure under the DMCA for takedown notice is given below. See http://loc.gov/copyright/ for the most current statutory requirements.
If You believe in good faith that materials displayed on RateWatch.com infringe Your copyright, You (or Your agent) may contact: Copyright Agent, Legal Department, TheStreet, Inc. 14 Wall Street, 15th Floor, New York, New York 10005; telephone: (212) 321-5000; fax: (212) 321-5016; email: firstname.lastname@example.org, with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or trademark interest; (b) a description of the copyrighted work(s) or trademark(s) that You claim has been infringed; (c) a description of where the material that You claim is infringing is located on the website; (d) Your address, telephone number, and email address; (e) a written statement by You that You have a good faith belief that the disputed use is not authorized by the copyright or trademark owner, its agent, or the law; and (f) a statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright or trademark owner or authorized to act on the copyright or trademark owner's behalf. Please note that You will be liable for damages (including costs and attorneys' fees) if You materially misrepresent that any material on our sites is infringing Your copyrights.
We have a policy of terminating the accounts of repeat infringers. Each user agrees that if his or her account is terminated under this policy, the user will not attempt to establish a new account under any name, real or assumed, and further agrees that if the user violates this restriction by opening a new account after being terminated pursuant to this policy, the user shall indemnify and hold us harmless for any and all liability that we may incur therefor.
The Services are directed solely to individuals residing in the United States. We make no representation that materials provided through the Services 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 Services 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 that we provide.
You are responsible for promptly paying all fees associated with your use or purchase of the Services (the "Fees") at the time of purchase. You are also responsible for any applicable federal, state, or local franchise fees, surcharges, sales and use taxes, and any other taxes (except those related to TheStreet's net income) related to the Services (collectively, the "Taxes"). You shall promptly pay all Taxes at the time of purchase. The TOU, together with all RateWatch/TheStreet policies referred to herein, constitutes the entire agreement between You and RateWatch/TheStreet relating to Your use of the Services 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 RateWatch/TheStreet are governed by and construed in accordance with the laws of the State of New York, excluding (a) the application of principles of conflict of laws that otherwise might call for the application of the substantive law of another jurisdiction and (b) the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act. You and RateWatch/TheStreet agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within New York County, New York, waive any jurisdictional venue, or inconvenient forum objections to such courts and such courts shall have the sole and exclusive jurisdiction over any action, suit or other proceeding arising out of or relating to these TOU. 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.
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.
For all other notices, please contact our parent company, TheStreet, in writing: Legal Department, TheStreet, Inc. 14 Wall Street, 15th Floor, New York, New York 10005, fax: (212) 321-5016; email: email@example.com.