Privacy Policy

SmartMoney.com Privacy Policy and Terms of Use

Purpose of this Privacy Policy and Terms of Use
This Privacy Policy and the Terms of Use describes the terms and conditions that you are agreeing to as a condition to access SmartMoney.com and smsmallbiz.com (collectively the "SmartMoney Sites") and how SmartMoney (the company that created, runs and owns the SmartMoney Sites), a joint publishing venture between Dow Jones & Company, Inc. and Hearst SM Partnership, treats the personally identifiable information that is collected about you when you visit the SmartMoney Sites. This Privacy Policy and Terms of Use also describes our treatment of personally identifiable information about you that our business partners may share with us.

What is Personally Identifiable Information
"Personally identifiable information" is information that we can use to identify you as an individual. Personally identifiable information includes your name, address, telephone number and any other information that is connected with your identity.

Information This Privacy Policy Does Not Apply to
This Privacy Policy and Terms of Use does not apply to information collected about you by anyone except SmartMoney and only applies to the pages of the SmartMoney Sites. Any information you provide when you visit web sites other than the SmartMoney Sites (including the web site to which you will be linked if you subscribe online to SmartMoney Magazine without simultaneously entering into a subscription for a SmartMoney Site; Click here for the separate and independent privacy policy that applies to online subscriptions to SmartMoney Magazine) or when you purchase any products or services or enter contests that may be linked to or advertised on the SmartMoney Sites by companies other than SmartMoney is subject to the privacy policies of the third parties who run and/or own these web sites. Unless otherwise specified herein, this policy also does not apply to information you may provide to us offline.

Children
The SmartMoney Sites are not intended for use by children, especially those under age 13. No one under age 13 is allowed to provide any personal information or use our public discussion areas, forums and chats. To subscribe to newsletters and to participate in other activities where personal information is divulged if you are between the ages of 13 and 17 you should get the permission of your parent(s) or legal guardian(s) before registering or subscribing to any product or service, or participating in any manner in the offerings of the SmartMoney Sites.

If your children disclose information about themselves in our public discussion areas, they may get unsolicited messages from other parties. Accordingly, you should tell them not to do so. There are also commercially available tools to help you limits your children's exposure to material online.

If you're worried about your children's activities or their privacy on our sites, we encourage you to e-mail SmartMoney at support@smartmoney.com.

Information We Collect

Non-Registered Users
Certain content and tools on the SmartMoney Sites, such as news articles, delayed stock quotes and basic worksheets and calculators, are available to all users without registration. SmartMoney does not collect any personally identifiable information from you when you visit these areas of the SmartMoney Sites.

Registered Users and Subscribers
In order to access some of the more specialized features of the SmartMoney Sites, such as real time stock quotes and company watch lists, you must be a SmartMoney Site user or a registered SmartMoney Site subscriber. When you register with or subscribe to the SmartMoney Sites, we collect personally identifiable information from you that may include your name, email address, city, state and zip code, as well as other information, such as your gender, age, occupation, personal interests and similar information.

In addition, when you use certain specialized features offered to registered SmartMoney Site users or SmartMoney Site subscribers, SmartMoney may collect additional information about you, such as credit card information, stock and fund information, financial information, employment information and other personally identifiable information. For example, if you create a personalized portfolio, you will need to provide stock or fund ticker symbols and financial information relating to the stocks or funds you wish to track. Also, if you subscribe to a fee-based premium service, such as SmartMoney Select or MapStation, SmartMoney may collect credit card information, as well as, certain additional information required by the NYSE and Nasdaq Exchanges.

Collection of Personally Identifiable Information
SmartMoney generally collects personally identifiable information with your specific knowledge and consent. For instance, when you enter a promotion, sweepstakes or contest, complete a survey, register for those portions of our sites that may require registration, make a purchase, subscribe to a premium service or subscribe to our newsletters, and other electronic services you will be asked to provide information such as your e-mail address, name, phone number, and shipping address. Information such as your age, gender, hobbies or interests may also be requestedc. This information may sometimes be collected by third party service providers with whom SmartMoney contracts to host the web site or to fulfill requests for services; in that event, SmartMoney asks such service providers to make the personal information available only to SmartMoney for SmartMoney to use in accordance with the terms of this policy and not to use the information for any other purpose. SmartMoney uses this information to provide you with the service you have requested. If you subscribe to any of our newsletters, we may use your e-mail address to send you a confirmation notice and your mailing address to send you your newsletter. Similarly, if you enter an online contest or other promotion or surveys offered on the SmartMoney Sites, or sweepstakes, we will use this information to pick and notify you if you are a winner and for prize fulfillment. We might also send out e-mails to users and sweepstakes/contest entrants to announce special offers, services and announcements from our sites and/or our advertisers. If you provide personal information for use in any of our social networking channels or tools (which may include services such as match-ups, friendships, instant messaging and the like), we will use that information in the manner contemplated by the particular networking channel. Please check each channel for a description of how networking is conducted.

We may also use any personal information you send for marketing and promotional purposes and we may combine information we receive online with outside records to enhance our ability to market and promote products or provide services that we believe may be of interest to you or to fulfill your requests for products and services.

Information From Third Party Sources
SmartMoney may on occasion combine information we receive online with information we have obtained through third party sources to enhance our ability to market those products or services that may be of interest to you.

Web Site Usage Information
SmartMoney automatically collects IP addresses and web site usage information from you when you visit the SmartMoney Sites. This information helps us evaluate how our users navigate and use our web site, including the number and frequency of visitors and subscribers to each web page, and the length of their visits.

Additional Uses of Information

SmartMoney may also use personally identifiable information collected from you for the following general purposes:

• to customize the advertising and content you see;
• to improve the design and content of our site;
• to contact you about special offers, products or services that may be of interest to you;
• to share with third parties who may choose to contact you about their own special offers, products or services; and
• to provide you with customer service.

Information Sharing and Disclosure

SmartMoney will not sell, share or otherwise disclose any personally identifiable information about our current or former web site users to third party companies or individuals, except as permitted or required by law.

SmartMoney may share or disclose personally identifiable information about you to other companies or individuals when:

• we have your consent to share the information;
• we utilize third party service providers to provide products, services or functions on our behalf (such as sending emails or processing credit cards), and ask these service providers to agree to maintain the confidentiality of your personally identifiable information and not to use your personally identifiable information for any reason except to carry out the purpose(s) for which we hired them;
• you have entered a promotion, sweepstakes or contest sponsored by a third party, in which case the information may be shared with that third party for their use in their discretion, including direct marketing (Some of our promotions, sweepstakes or contests will ask you at the time of entry whether you would like your personal information to be shared with the presenter and/or third party sponsor. Other promotions, sweepstakes or contests will not give you that option, and in that event, if you do not want your information to be shared, you should not enter the promotion, sweepstakes or contest);
• you have furnished us personally identifiable information with the intent that it be forwarded to a third party for use in connection with a specified service you are electing to participate in (examples include, without limitation, e-commerce partners, services to help third parties locate you online, etc.);
• we have reason to believe that someone may be causing injury to someone or interfering with our rights or the rights of our users, or general public, or using our services in violation of a legal or personal right;
• the entity to whom the information is disclosed is Dow Jones & Company, Inc., News Corporation, The Hearst Corporation or any affiliate or subsidiary of those companies;
• we need to protect our legal rights (for example, if we are trying to collect money you owe us or we are trying to enforce our Privacy Policy and the Terms of Use or other agreement with you);
• we must comply with applicable laws, regulations, or legal or regulatory process; or
• in connection with a sale, merger, transfer, exchange, or other disposition (whether of assets, stock, or otherwise) of all or a portion of the SmartMoney business.

Aggregate Information

Aggregate information is information that we (or third party service providers on our behalf) may use cookies to collect about SmartMoney Site users on an anonymous basis. We may share aggregate demographic and usage information with our prospective and actual business partners, advertisers and other third parties for any business purpose.

In addition, we may use information you provide us through emails, Q & A, blogs, forums, in response to polls, or though any other user-generated submission for editorial purposes, and may use your name and any stories you provide us in articles published online and in SmartMoney magazine. Please be advised that any such submissions become the property of SmartMoney and may be used by SmartMoney for any lawful purpose and to the extent, under operation of law, such submissions do not become the property of SmartMoney, you hereby grant SmartMoney a perpetual, royalty-free and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, create derivative works from, transfer, and sell any such submissions. In addition, without limiting the foregoing, if you provide us with personal anecdotes, they may be attributed to you. SmartMoney can edit, rewrite, use, and reuse the content, including your name, likeness, photograph, and biographical information you provide, in any way and any media whether now known or invented in the future, with or without attribution, including publication in the SmartMoney magazine, and in trade media, and advertising. You agree that any content you send us will not violate any rights of any third party and that you will only send us content for which you own the rights.

Cookies

SmartMoney (or third party service providers on our behalf) may set and access cookies on your computer. A cookie is a small amount of data (often including a unique identifier), that is sent to your browser from a web site's computers and stored on your computer's hard drive. SmartMoney uses cookies to understand site usage and to improve the content and offerings on our site. For example, we may use cookies to identify you as a registered user, personalize your experience at our site, save your password in password-protected areas, gather research for marketing and advertising purposes, and display relevant content, products, services and advertising. To the extent that SmartMoney utilizes third party service providers to set and access cookies on the computer of our web site users on behalf of SmartMoney, SmartMoney asks such service providers to agree to maintain the anonymity of the information collected and not to use such information for any reason except to carry out the purpose(s) for which we hired them. Our cookies may contain personally identifiable information and such cookies may be shared with others to the same extent indicated above.

We use reputable third parties to present or serve some or all of the advertisements on the SmartMoney Sites. These third party network advertisers may set and access their own cookies on your computer. We do not have control over cookies placed by advertisers. The use of cookies by third parties is subject to such third party's own privacy policies. For more information on the collection of information by third party network advertisers or to opt-out of targeted advertising delivered by such advertisers click here. By registering for Network Advertising Initiative’s (NAI) Opt-out tool via the above link you will be subject to NAI’s separate terms and conditions.

Most browsers are initially set up to accept cookies. If you do not want information collected through the use of cookies, there is an option in most browsers that allows the user not to accept cookies. However, if you set your browser to refuse cookies, you may not be able to take advantage of certain features offered through our web site and some portions of our site may not function efficiently.

Web Beacons

We may use web beacons (invisible images often referred to as pixel tags or clear GIFs), which may also be provided by our third party advertising company, on our site in order to help manage our online advertising and to recognize users’ cookies and assess traffic patterns. We may include web beacons in our e-mail messages including newsletters in order to count how many e-mail messages have been opened. SmartMoney and our advertising company may also use web beacons to note which web pages you visit after viewing our ads. The information that is collected through the use of these images is not personally identifiable and is used only to track responses to our advertising efforts.

IP Addresses

Your Internet Protocol ("IP") address is usually associated with the place from which you enter the Internet, like your Internet Service Provider, your company or your university. Our server may also record the referring page that linked you to us (e.g., another web site or a search engine); the pages you visit on our sites, the web site you visit after the SmartMoney Sites; the ads you see; the ads you click on; other information about the type of web browser, computer, platform, related software and settings you are using; any search terms you have entered on the SmartMoney Sites or a referral site; and other web usage activity and data logged by our web servers. We may use your IP address to help diagnose problems with our servers, gather broad demographic information, and administer our website. We may also link this information with your personal information when we feel that it is necessary to enforce compliance with our rules and policies or terms of service or to protect our sites, customers or others.

Wireless Addresses

If the email address you provide to us is a wireless email address, you agree to receive messages at such address from SmartMoney, entities affiliated with SmartMoney (unless and until you have elected not to receive such messages by notifying us at support@smartmoney.com). You understand that your wireless carrier's standard rates apply to these messages. You represent that you are the owner or authorized user of the wireless device on which messages will be received, and that you are authorized to approve the applicable charges.

Short Message Service and Wireless Internet

We may make available services through which you can receive messages on your phone or wireless device via short message service ("SMS Service") or wireless internet ("WAP Services"). We may also make available content and versions of our web sites available via WAP and mobile phone service. If you subscribe to one of our SMS, WAP or mobile services, you thereby agree to receive such service at the address you provide for such purposes. Such messages may come from SmartMoney, or from third parties who we believe may have goods or services of interest to you (unless you have elected not to receive such messages at the time you subscribe). Our wireless carriers and providers are not responsible for the content of our wireless services or any of the messages you may receive from us.

You understand that your wireless carrier's standard rates apply to these messages, and that you may opt-out of receiving them by notifying us at support@smartmoney.com. You represent that you are the owner or authorized user of the wireless device you use to sign up for the SMS, WAP or mobile service, and that you are authorized to approve the applicable charges. To use the SMS, WAP or mobile service, you must reside in the United States. You must register and provide all required personal information, which may include, for example, your name, SMS, WAP or mobile address, wireless carrier and, if fees are applicable to the SMS, WAP or mobile service you subscribe to, billing information (either your credit card information or mobile service carrier information if applicable fees will be billed through your carrier). We may also obtain the date, time and content of your messages in the course of your use of the SMS,WAP or mobile service. We will use the information we obtain in connection with these services in accordance with this Privacy Policy and Terms of Use. If fees are charged to your wireless account invoice, we may provide your carrier with your applicable information in connection herewith. Your wireless carrier and other service providers may also collect data about your wireless device usage, and their practices are governed by their own policies.

You acknowledge and agree that the SMS, WAP and mobile services are provided via wireless systems which use radios (and other means) to transmit communications over complex networks. We do not guarantee that your use of the such services will be private or secure, and we are not liable to you for any lack of privacy or security you may experience. You are fully responsible for taking precautions and providing security measures best suited for your situation and intended use of the services. We may also access the content of your account and wireless account with your carrier for the purpose of identifying and resolving technical problems and service-related complaints.

By signing up for any SMS, WAP or mobile service, you consent to receiving, from time to time, further messages which may include news, promotions and offers from us, our affiliates and partners, and unless and until you have opted-out of these activities by notifying us at support@smartmoney.com. Please follow the instructions provided by you by third parties to unsubscribe from their messages.

Security

Your SmartMoney.com registration information is password-protected for your privacy and security. The personally identifiable information we collect about you is stored in limited access servers. We maintain (directly and through our agents) physical, electronic and procedural security safeguards to protect your personally identifiable information.

SmartMoney does not represent or warrant the security of personally identifiable information, and shall have no liability if such security is compromised. In the unlikely event that security of your personally identifiable information in our possession or control may have been compromised, we may seek to notify you of that development. If a notification is appropriate, we would endeavor to do so as promptly as possible under the circumstances, and, to the extent that we have your e-mail address, we may notify you by e-mail.

Review and Correction

SmartMoney offers registered users the online ability to correct or update information that we have collected during the registration process. This can be done by visiting the customer service section of SmartMoney.com.

California and Canadian Users

California and Canadian residents have the right to know how their information may be shared with third parties who engage in direct marketing activities and this policy explains our practices and how you can opt out of having your information shared for such purposes. From time to time we may make our customer lists available to companies that sell goods and services that we believe would be of interest. Customers have the option of having their names and identifying information removed from those lists (subject to certain exceptions and limitations in applicable laws) by contacting us at support@smartmoney.com.

We may also from time to time make our customer lists available for direct marketing purposes to other entities that are affiliated with us. If you would like to be removed from those lists, contact us at support@smartmoney.com.

If you enter a promotion, sweepstakes or contest sponsored and/or presented by a third party, information may be shared with that third party for their use in their discretion, including direct marketing (Some of our promotion, sweepstakes or contest will ask you at the time of entry whether you would like your personally identifiable information to be shared with the third party sponsor and/or presenter. Other promotion, sweepstakes or contest will not give you that option and in that event, if you do not want your information to be shared, you should not enter the contest.)

Transfer to U.S.

If you are located outside of the United States, please note that the information you provide to us will be transferred to the United States. By registering with or subscribing to the SmartMoney Sites, you consent to this transfer. You also consent to the adjudication of any disputes arising in connection with the SmartMoney Sites in the federal and state courts of, and in accordance with the laws of, the state of New York.

Data Retention

We retain your information for as long as necessary to permit us to use it for the purposes that we have communicated to you and comply with applicable laws or regulations.

Changes to Privacy Policy and Notice

SmartMoney may change this policy from time to time without prior notice.

YOU HEREBY AGREE TO ACCEPT NOTICES OF ANY CHANGE MADE TO THIS PRIVACY POLICY AND ANY APPLICABLE PERIODIC NOTICES REGARDING THIS PRIVACY POLICY BY THE POSTING OF SUCH PRIVACY POLICY ON THE SMARTMONEY SITES.

OTHER TERMS OF USE

BY ACCESSING AND USING THE SMARTMONEY SITES, YOU ARE AGREEING TO BE LEGALLY BOUND BY THESE TERMS OF USE.

By accessing or using the SmartMoney Sites, which are services from SmartMoney, you are representing to SmartMoney that you are at least 18 years old (or the minimum legal age in the jurisdiction in which you are viewing the SmartMoney Sites). You may not use the SmartMoney Sites for any unlawful purpose. SmartMoney may change any term in these Terms of Use at any time without notice. The changes will appear in these Terms of Use, and your use of the SmartMoney Site after any changes have been posted will constitute your agreement to the modified Terms of Use and all of the changes. Therefore, you should read these Terms of Use each time you access the SmartMoney Sites or before you begin using the SmartMoney Sites. You may print a copy of these Terms of Use for your reference. You understand and agree that SmartMoney may discontinue or change the SmartMoney Sites at any time, without notice. You also understand and agree that SmartMoney may discontinue or restrict your use of the SmartMoney Sites for any reason without notice.

Termination and Web Site Modification

SmartMoney may change the SmartMoney Sites, including eliminating or discontinuing any content on or feature of the SmartMoney Sites, at any time and in its sole discretion. SmartMoney may also terminate your access to and use of the SmartMoney Sites or any portion thereof, immediately, in the event SmartMoney determines, in its sole discretion, that you have breached any of the terms and conditions of this Agreement or any applicable laws, rules or regulations, or at any time for any reason without cause.

Copyright and Limitations on Use

The content displayed on the SmartMoney Sites (the "Content") is the property of SmartMoney or its licensors and is protected by copyright and other intellectual property laws. The Content includes for example, stories, tools, calculators, RSS feeds and other items displayed on the site. The SmartMoney Sites and the Content may only be used for your personal and noncommercial use. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate the Content to anyone, including but not limited to others in the your company or organization, without the express prior written consent of SmartMoney, with this one (1) exception:

• You may display on your personal web site for non-commercial use the headlines, active links, or other material ("RSS Feed Content") you select to receive from SmartMoney through the RSS feed service, provided you: (i) include all copyright and other proprietary notices with such RSS Feed Content in the same form in which the notices appear in the SmartMoney Sites, original source attribution, and the phrase "Used with permission from SmartMoney;" (ii) do not display the name, logo, trademark or other identifier of another person or party on your site in such a manner that implies an affiliation or endorsement of the RSS Feed Content by such person or party; (iii) display a functional hyperlink in each headline contained in the RSS Feed Content, which hyperlink shall link directly (i.e., no jump pages, splash pages or intermediate pages) to the corresponding full content displayed on the SmartMoney Sites; (iv) display the RSS Feed Content on your site in the exact form received by you, and do not sell, modify, edit, translate, copy, publish, transmit, distribute or otherwise disseminate the RSS Feed Content or any portion thereof; (v) do not disassemble or otherwise redistribute RSS Feed Content by third-party RSS providers; (vi) do not use the RSS Feed Content in any manner that is obscene, pornographic, exploitative, defamatory, libelous, invasive of personal privacy rights, misleading, or otherwise might be harmful to SmartMoney’s reputation; (vii) do not incorporate any advertisements or other promotional content in the RSS Feed Content; (viii) do not frame or otherwise control the browser window (if applicable) in which the RSS Feed Content opens; and (ix) do not archive any of the RSS Feed Content for access by users at any future date after the RSS Feed Content has been removed from your site. All uses of the RSS Feed Content shall be governed by these Terms of Use. SmartMoney shall have no liability for any of your activities in connection with the RSS Feed Content or for your use of the RSS Feed Content in connection with your website.

The SmartMoney Sites include facts, views, opinions and recommendations of individuals and organizations deemed of interest. SmartMoney and its Content licensors are not giving investment advice, tax advice, legal advice, or other professional advice. SmartMoney and its Content licensors do not guarantee or warrant the accuracy, completeness or timeliness of, or otherwise endorse, these views, opinions and recommendations or advocate the purchase or sale of any security or investment. You should always seek the assistance of a professional for advice on investments, tax, the law, or other professional matters.

The SmartMoney Sites provide general financial information designed to educate broad segments of the public. The SmartMoney Sites' interactive features are an educational and informational service designed to help users identify savings and investment strategies that can help them meet their financial goals. They do not take into account all of the unique circumstances that may affect a user's financial decisions, and nothing contained herein should be considered personalized investment advice that is tailored to the individual needs of users. The results obtained by using these features should not serve as the sole or primary basis for making investment decisions. Users should consult their financial advisors to develop a personalized plan that takes into account their individual needs and circumstances.

Stock and fund quotes reported through the SmartMoney Sites may be delayed. Before purchasing or selling securities or other investments you should always consult with a qualified broker or other qualified financial advisor to verify pricing information.

Site Security

You may not violate or attempt to violate the security of the SmartMoney Sites, including by, without limitation (a) accessing data not intended for you or logging into a server or account which you are not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the SmartMoney Sites, overloading, conducting "denial of service attacks", "flooding", "spamming", "mail bombing" or "crashing", (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting, or (f) attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the SmartMoney Sites. Violations of system or network security may result in civil or criminal liability. SmartMoney will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

Disclaimer or Warranties and Liability

Due to the number of sources from which content in the SmartMoney Sites is obtained, and the inherent hazards of electronic distribution, there may be delays, omissions or inaccuracies in such content and the SmartMoney Sites.

THE SMARTMONEY SITES, THE CONTENT ON THE SMARTMONEY SITES OR AVAILABLE THROUGH THE SMARTMONEY SITES, AND ANY PRODUCT OR SERVICE OBTAINED OR ACCESSED THROUGH THE SMARTMONEY SITES ARE PROVIDED "AS IS," "AS AVAILABLE" AND WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SMARTMONEY, DOW JONES & COMPANY INC., HEARST SM PARTNERSHIP AND THEIR RESPECTIVE PARENT COMPANIES, SUBSIDIARY COMPANIES, AFFILIATES, AGENTS AND LICENSORS ("SMARTMONEY PARTIES") DO NOT WARRANT AND SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF THE ACCURACY, COMPLETENESS, TIMELINESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE CONTENT AVAILABLE THROUGH THE SMARTMONEY SITES, OR THE SMARTMONEY SITES THEMSELVES. THE SMARTMONEY PARTIES DO NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS ON WHICH THE SITE IS HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND YOUR RELIANCE THEREON. THE SMARTMONEY PARTIES SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY, OTHER THAN DEATH OR PERSONAL INJURY RESULTING DIRECTLY FROM USE OF THE SMARTMONEY SITES, CAUSED IN WHOLE OR PART BY ITS NEGLIGENCE OR CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING THIS SMARTMONEY WEB SITE AND ANY CONTENT THROUGH THIS SMARTMONEY WEB SITE. IN NO EVENT WILL THE SMARTMONEY PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON OR IN CONNECTION WITH SUCH CONTENT OR THE SMARTMONEY SITES. THE SMARTMONEY PARTIES SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES OTHER THAN DIRECT DAMAGES (INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, OR SIMILAR DAMAGES) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR THE CONTENT CONTAINED ON THE SMARTMONEY SITES OR AVAILABLE THROUGH THE SMARTMONEY SITES, OR ANY PRODUCT OR SERVICE PURCHASED OR ACCESSED THROUGH THE SMARTMONEY SITES.

NOTWITHSTANDING ANY OTHER TERM OR PROVISION OF THIS AGREEMENT, THE SMARTMONEY PARTIES’ LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, WHETHER ARISING UNDER THIS AGREEMENT OR OTHERWISE, SHALL BE LIMITED, IN THE AGGREGATE, TO THE AMOUNT PAID BY YOU TO SMARTMONEY FOR THE APPLICABLE SUBSCRIPTION FEE WITHIN THE ONE YEAR PRECEDING THE EVENT (OR LAST IN A SERIES OF EVENTS) WHICH GAVE RISE TO THE CLAIM. ALL CLAIMS FOR DAMAGES MUST BE ASSERTED WITHIN ONE YEAR OF THE EVENT (OR LAST IN A SERIES OF EVENTS) TO WHICH THEY RELATE OR BE FOREVER BARRED.

Because some states or jurisdictions do not allow the exclusion or limitation of liability for damages or the exclusion of certain types of warranties, parts or all of the above limitation may not apply to you. If any applicable authority holds any portion of this section to be unenforceable, then the SmartMoney Parties' liability will be limited to the fullest possible extent permitted by applicable law.

Indemnification

You agree to indemnify and hold the SmartMoney Parties, and their respective officers and employees, harmless from any claim or demand, including reasonable attorneys' fees, due to your violation of the terms and conditions of this Agreement or your infringement of any intellectual property or other right of any person or entity.

Forums, Chat Rooms, Blogs, Videos and Other User Generated Postings; Social Networking

If you elect to post material to any blogs, forums, participate in our social networking channels or other community boards (collectively referred to as the "Forums") that may be offered on our sites, or if you elect to upload any photographs, audio or video, you will be solely responsible for all content, messages, text, files, images, graphics, photos, audio clips, sounds, video or other materials (the "Postings"). You agree and warrant that any Postings you post to the sites will be true and accurate, will not defame any person or invade any person's privacy, and will not infringe the proprietary rights of any person. You agree not to furnish any Postings to which you do not own the rights. The Forums are a free service provided to users of SmartMoney. By submitting a Posting in the Forums, you agree to be bound by the following terms and conditions. If you do not want to be bound by these terms, then do not use the Forums.

You agree to be fully responsible for your own Postings and agree to access and use the Forums at your own risk on an as-is basis. SmartMoney cannot and does not guarantee that it will post display or continue to display Posting you or other users submit to the Forum. Also, SmartMoney reserves the right to edit or abridge Postings for any reason and to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any Posting, in whole or in part, in SmartMoney' sole discretion.

You also acknowledge that visitors to the sites may post comments about your Postings which may be derogatory, and that SmartMoney has no obligation to monitor or delete any such Postings.

Please be aware that SmartMoney does not and cannot monitor all of the Postings made to the SmartMoney Sites, and therefore SmartMoney will not be responsible for the content of any Postings. SmartMoney has no obligation to verify the accuracy of any personally indentifying information that is posted to the SmartMoney Sites. However, SmartMoney does reserve the right to delete or edit any material in any Posting that is obscene, harassing, offensive or otherwise objectionable and not in keeping with the community standards of the Magazines and websites. If SmartMoney elects to edit any Postings, it nonetheless assumes no responsibility for the content of the Postings. Under no circumstances will SmartMoney be liable for any inaccuracy or defect in any Postings. We also expect our users to adhere to certain rules of the road. Therefore, you agree not to post, email, or otherwise make available Postings:

• that are unlawful, harmful, threatening, abusive, harassing, defamatory, pornographic, libelous, or invasive of another's privacy, or harmful to minors in any way;
• that harass, degrade, intimidate or are hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
• that include personal or identifying information about another person without that person's explicit consent. ;
• that are false, deceptive, misleading, deceitful, misinformative, constitute "bait and switch" or impersonation of any person or entity;
• that contain your own or a third party's advertising, branding or promotional content ;
• that infringe any proprietary rights, including copyright, of any party, or Postings that you do not have a right to make available;
• that restrict or inhibit any other user from using and enjoying the SmartMoney Sites or the SmartMoney services offered on them;
• that do not relate to the subject matter of the Forum;
• that contain viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of another's computer;
• that advertise or promote any goods or services in the Forums. This includes, among other things, "junk mail", "spam", "chain letters", and "pyramid schemes;"
• that conduct contests or distribute chain letters through the Forums; or
• that violate any applicable local, state, national or international law in connection with your use of the Forums. This includes, among other things, any securities law or regulation.

By submitting a Posting in a Forum, you are granting SmartMoney a perpetual, royalty-free and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, create derivative works from, transfer, and sell any such Postings. By furnishing Postings, and without limiting the foregoing, you give SmartMoney the right to use such Postings in any manner whatsoever and in any media now known or hereafter invented, including, without limitation, the right to combine your Postings with Postings of third parties in varied combinations.

You agree to indemnify and hold SmartMoney and its affiliates and their respective, officers, directors and employees harmless from any claims, damages, losses or costs (including reasonable attorney's fees) that arise out of any of your Postings and any material contained therein.

What to do if you believe a Posting violates these Terms of Use: If you believe that a Posting in a Forum violates these Terms of Use, we encourage you to contact SmartMoney by sending an email using support@smartmoney.com that identifies the applicable Posting and the screen identity of the person who made the Posting. SmartMoney cannot guarantee that any action will be taken as a result of your email.

Because SmartMoney does not monitor the Postings, you agree to use and rely on them at your own risk. SmartMoney cannot and does not make any representation or warranty about the material contained in the Postings. SmartMoney likewise assumes no responsibility for any contact you may have with other users of our sites, either online or offline. If you elect to meet in person with someone you may meet on our sites, you do so at your own risk, and under no circumstances will SmartMoney be liable for any activity or injury that may occur.

Links to Third Party Sites

The SmartMoney Sites contain hyperlinks to web sites operated by persons other than SmartMoney. Such hyperlinks are provided for your reference and convenience only. You agree not to hold SmartMoney responsible for the content or operation of such web sites. A hyperlink from the SmartMoney Sites to another web site does not imply or mean that SmartMoney endorses the content on that web site or the operator or operations of that site. You are solely responsible for determining the extent to which you may use any content at any other web sites to which you might link from the SmartMoney Sites.

If you wish to make purchases from an area of the SmartMoney Sites or a "co-branded" web site operated by a person other than SmartMoney (a "Co-Branded Site"), you may be asked by the merchant or operator of the Co-Branded Site or other person from whom you are making the purchase to supply certain information, including credit card, debit card, or other payment mechanism information. You agree not to hold SmartMoney liable for any loss or damage of any sort incurred as a result of any such dealings with any Co-Branded Site or merchant or operator of the Co-Branded Site or other person from whom you are making the purchase. You agree that all information you provide in connection with such purchase will be accurate, complete and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment mechanism at the prices in effect when such charges are incurred. You also will pay any applicable taxes, if any, relating to any purchases you make. Each Co-Branded Site will be governed by its own privacy policy and will contain a description of such privacy policy regarding any personal identifying information you may be required to disclose as part of the purchase.

Trademarks

The SmartMoney name, tradenames, trademarks and logo, and all related product and service names, design marks and slogans (collectively, the "SmartMoney Marks") are the trademarks, service marks or registered trademarks of SmartMoney or its affiliates. The SmartMoney Marks may not be used in any manner without the prior written consent of SmartMoney.

All other products and service marks contained on the SmartMoney Sites are the trademarks of their respective owners. Reference to any products, services, processes, hypertext links to third parties or other information by trade name, trademark, manufacturer, supplier or otherwise does not necessarily constitute or imply the endorsement, sponsorship or recommendation by SmartMoney. Product and service information are the sole responsibility of each individual vendor.

Copyright Infringement

In accordance with the provisions of the Digital Millennium Copyright Act, 17 USC sec. 512, the SmartMoney Sites have designated an agent to receive notices of claims of copyright infringement: Director of Legal Affairs, SmartMoney, 1755 Broadway, 2nd Floor, New York, New York, 10019, telephone: 212-373-9300; fax: 212-373-9060 dmca@smartmoney.com. If you believe your copyright has been infringed, you may provide us with notice. To be effective, the notification must be a written communication that includes the following:

• A physical or electronic signature of 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 Content 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 us to locate the Content;
• Information reasonably sufficient to permit us to contact you, including an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
• A statement that the complaining party has a good-faith belief that use of the Content 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 the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

We may give notice to our users that we have received a notice of infringement by means of a general notice on our sites, electronic mail to a user's e-mail address in our records, or by written communication sent by first-class mail to a user's physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:

• 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 access to it was disabled
• A statement from you under the penalty of perjury, that you have a good faith belief that the Content was removed or disabled as a result of a mistake or misidentification of the Content to be removed or disabled; and
• Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for the judicial district in which our offices are located, and that you will accept service of process from the person who provided notification of allegedly infringing Content or an agent of such person.

We reserve the right to terminate access to our sites of any user who SmartMoney believes in its sole discretion infringes the proprietary rights of any third party.

Reprint Requests

For reprint requests for any of the Content on the SmartMoney Sites, please contact reprints@smartmoney.com.

International Users

The SmartMoney Sites are solely directed to individuals residing in the United States. SmartMoney makes no representation that materials in the SmartMoney Sites are appropriate or available for use in other locations. Those who choose to access the SmartMoney Sites from other locations do so at their own risk, and are responsible for compliance with all applicable local laws. If you are outside the United States, you understand and agree that should you provide SmartMoney any information about yourself, you are consenting to the transfer of that information to the United States.

Miscellaneous Legal Terms

This Agreement contains the final and entire agreement between us regarding your access or use of the Services and supersedes all previous and contemporaneous oral or written agreements regarding your use of the SmartMoney Sites. We may discontinue or change the SmartMoney Sites, or their availability to you, at any time. This Agreement is personal to you, which means that you may not assign your rights or obligations under this Agreement to anyone. SmartMoney may sell, assign, transfer, or delegate any right or duty hereunder to Dow Jones & Company Inc., The Hearst Corporation or any affiliate thereof without notice. No third party is a beneficiary of this Agreement. If any provision of this Agreement or its application in a particular circumstance is held to be invalid or unenforceable to any extent, the remainder of the Agreement, or the application of such provision in other circumstances, shall not be affected thereby, and each provision shall be valid and enforced to the fullest extent permitted by law. You agree that this Agreement, as well as any and all claims arising from this Agreement will be governed by and construed in accordance with the laws of the State of New York, United States of America applicable to contracts made entirely within New York and wholly performed in New York, without regard to any conflict or choice of law principles. All disputes under this Agreement shall be resolved by litigation in the courts of the State of New York including the federal courts therein and the parties all consent to the exclusive jurisdiction of such courts, agree to accept service of process by mail, and hereby waive any jurisdictional or venue defenses otherwise available to it. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.

This policy was last updated on June 2, 2008.