SMARTMONEY ONLINE TERMS OF USE


Updated on May 9, 2011


SmartMoney.com is an online publication from Dow Jones & Company, Inc. ("Dow Jones"). These terms of use (these "Terms of Use") govern the access to, and use of, SmartMoney.com (including SmartMoney Select) related services that may be offered from time to time (collectively, "SmartMoney Online") by visitors to SmartMoney Online (each, a "User"). In these Terms of Use, "you" and "your" refer to, and are interchangeable with, the term "User" and "we" and "our" refer to, and are interchangeable with, the term "Dow Jones." By accessing SmartMoney Online you are agreeing to be bound these Terms of Use.

  1. Changes to these Terms of Use. We may update the terms of these Terms of Use at any time by notifying you of the change, including, without limitation, by email or by posting a notice on SmartMoney Online that the terms have been changed. You agree to be bound by the updated Terms of Use by continuing to use SmartMoney Online following notification of the update.
  2. Privacy of Personal Information and Data Storage. Data about you are subject to our Privacy Policy, which is posted on the SmartMoney.com website. Your data may be stored and processed in the United States or any other country where Dow Jones has facilities.
  3. Access to Content.
    • 3.1 Fees and Charges. Access to SmartMoney Online is free, except for access to the Premium Content described in Section 3.2 below; however, we reserve the right, following notice to you, to charge you for access to SmartMoney Online in the future. You agree to pay for any fees and charges incurred by you in connection with your user name and password (including any applicable taxes) at the rates in effect when such fees and charges were incurred. You are responsible for any fees or charges incurred to access SmartMoney Online through an internet-access provider or other service.
    • 3.2 Premium Content. If have signed up for access to areas of SmartMoney Online containing premium content or services, such as SmartMoney Select (collectively, the "Premium Content"), your access to the Premium Content will be subject to the charges disclosed on the sign-up page for the Premium Content. After you have signed up, we will bill all charges for the Premium Content automatically to your credit card and you will choose whether charges will be billed on a monthly or an annual basis. Unless otherwise stated in writing, all such charges are nonrefundable. We may change the charges after notifying you in advance of such change. If you prefer to use a different credit card, or there is a change in credit card validity or expiration date, or if you believe someone has accessed the Premium Content using your user name and password without your authorization, you should follow the procedures outlined in the applicable "Help" section of SmartMoney Online.
      • 3.3 Renewal. Your subscription to the Premium Content will renew automatically, unless you notify us by telephone, mail, or email (receipt of which must be confirmed by email reply from us) of your decision to terminate your subscription. We will notify you of the pending renewal of your annual subscription at least 30 days prior to the date your subscription renews. You must cancel your subscription before it renews in order to avoid billing of subscription fees for the renewal term to your credit card. The above provisions may vary depending on the law in your jurisdiction.
  4. Limitations on Use. The text, graphics, images, video, metadata, design, organization, compilation, look and feel, advertising and all other protectable intellectual property accessible through SmartMoney Online (the "Content") are our property or the property of our advertisers, licensors and other third parties with whom we contract and are protected by copyright and other intellectual property laws, as applicable. Unless you have our prior express written consent, you may not sell, publish, retransmit or otherwise distribute the Content received through SmartMoney Online to anyone, with the following exceptions:
    • (i) You may occasionally distribute a copy of an article, or a portion of an article, from SmartMoney Online in non-electronic form to a few individuals without charge, provided you include all copyright and other proprietary rights notices in the same form in which the notices appear in SmartMoney Online, original source attribution and the phrase "Used with permission of Dow Jones." Please consult the Dow Jones Reprints web site at http://djreprints.com if you need to distribute an article from SmartMoney Online to a larger number of individuals, on a regular basis or in any other manner not expressly permitted by these Terms of Use;
    • (ii) You may occasionally use our "Email" service to email an article from SmartMoney Online to a few individuals, without charge. You are not permitted to use this service for the purpose of regularly providing other users with access to the Content;
    • (iii) While you may download, store and create an archive of articles from SmartMoney Online for your personal use, you may not otherwise provide access to such an archive to more than a few individuals and only on an occasional basis. The foregoing does not apply to any sharing functionality we provide through SmartMoney Online that expressly allows you to share articles or links to articles with others. In no event, may you use such an archive to develop for data or text mining or to operate an automated trading system;
    • (iv) You agree not to rearrange or modify the Content. You agree not to create abstracts from, scrape or display the Content for use on another web site or service (other than headlines from our RSS Feed with active links back to the full article on SmartMoney Online). You agree not to post any of the Content to weblogs, newsgroups, mail lists or electronic bulletin boards, without our written consent, other than headlines from our RSS Feed with active links back to the full article on SmartMoney Online; and
    • (v) You agree not to use SmartMoney Online for any unlawful purpose. We reserve the right to terminate or restrict your access to all or part of SmartMoney Online if we determine, in our sole and absolute discretion, your use of SmartMoney Online may violate any laws, regulations or rulings, infringe upon another person's rights or violate the terms of these Terms of Use.
  5. User Generated Content.
    • 5.1 In General. We offer you the opportunity to comment on, and engage in, discussions regarding articles, companies and various topics on SmartMoney Online by posting your content on our blogs, forums, social networking channels and community boards. Any content, information, graphics, audio, images, and links you submit as part of creating your profile or in connection with any of the foregoing activities are referred to, collectively, as "User Content" in these Terms of Use and is subject to various terms and conditions as set forth below.
    • 5.2 No Review. We do not routinely screen, edit or review User Content and have no obligation to verify the accuracy of any personally indentifying information that is posted to SmartMoney Online. We do not guarantee that we will display or continue to display User Content you or other users submit SmartMoney Online. You acknowledge that visitors to SmartMoney Online may post comments about your User Content which may be derogatory and that we have no obligation to monitor or delete such comments. We reserve the right to edit or abridge User Content 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 User Content, in whole or in part, in our sole and absolute discretion. By editing User Content, we assume no responsibility for the content of such User Content. Under no circumstances will Dow Jones be liable for any inaccuracy or defect in User Content.
    • 5.3 No Endorsement. You understand and agree that User Content also includes information, views, opinions and recommendations of many individuals and organizations that you may use to help you make your own decisions. We do not endorse any recommendation or opinion made by any user. You and your personal advisors are responsible for your investment decisions and for properly analyzing and verifying any information in light of your particular situation and circumstances. You should also be aware that other users may use SmartMoney Online for personal gain and that User Content may be misleading, deceptive, or in error. As a result, please approach User Content from users unknown to you with appropriate skepticism.
    • 5.4 Grant of Rights and Representations by You. If you upload, post or submit User Content on SmartMoney Online, you represent to us by such action that you have all the necessary legal rights to upload, post or submit such User Content and it will not violate any law or the rights of any third party. You agree that upon uploading, posting or submitting User Content to SmartMoney Online, you grant Dow Jones, and its respective affiliates, successors and assigns a non-exclusive, transferable, worldwide, fully paid-up, royalty-free, perpetual, irrevocable right and license to use, distribute, publicly perform, display, sublicense, reproduce, and create derivative works from your User Content in any and all media, whether now and hereafter existing, in any format or manner, in whole or part, without any duty to compensate you. You also grant us the right to authorize the use of User Content, or any portion thereof, by other users in accordance with the terms and conditions of these Terms of Use, including the rights to feature your User Content specifically on SmartMoney Online and to allow other users or users to request access to your User Content, such as for example through an RSS Feed.
    • 5.5 Removal of User Content. We may remove any User Content for any reason and without notice to you. This could include all materials related to your use of SmartMoney Online or any memberships, including email accounts, postings, profiles or other personalized information you have created while on SmartMoney Online.
    • 5.6 Copyright and Other Intellectual Property Policy. It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. For more information, please see our Copyright and Intellectual Property Policy.
    • 5.7 Violations. If you believe that all or part of a posting of User Content violates these Terms of Use, we encourage you to contact Dow Jones by sending an email using support@smartmoney.com that identifies the applicable User Content and the screen identity of the person or entity; provided, however, that we cannot guarantee that any action will be taken as a result of your email.
    • 5.8 Rules of Conduct. All users must comply with the Community Rules posted on SmartMoney Online.
  6. Third Party Web Sites, Services and Software. We may link to, or promote, certain web sites or services from other companies or offer you the ability to download software from other companies. You agree that we are not responsible for, and do not control, those web sites, services and software. You agree not to hold Dow Jones responsible for the content or operation of such web sites. 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 SmartMoney Online.
  7. DISCLAIMER OF WARRANTIES AND LIMITATION ON LIABILITY.
    • 7.1 DISCLAIMER OF WARRANTIES. YOU AGREE THAT YOUR ACCESS TO, AND USE OF, SMARTMONEY ONLINE AND THE CONTENT IS ON AN "AS-IS," "AS AVAILABLE" BASIS AND DOW JONES SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY, ACCURACY, COMPLETENESS, TIMELINESS, QUIET ENJOYMENT, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO SUCH CONTENT. DOW JONES DOES NOT WARRANT THAT YOUR USE OF SMARTMONEY ONLINE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT SMARTMONEY ONLINE OR THE SERVERS ON WHICH SMARTMONEY ONLINE 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. DOW JONES SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY RESULTING DIRECTLY FROM USE OF SMARTMONEY ONLINE, TO THE EXTENT CAUSED BY ITS NEGLIGENCE, OR CONTINGENCIES BEYOND ITS CONTROL, IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING CONTENT ON SMARTMONEY ONLINE.
    • 7.2 NO ADVISORY PURPOSE. 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 YOUR USE OF SMARTMONEY ONLINE. YOU SHOULD ALWAYS SEEK THE ASSISTANCE OF A PROFESSIONAL WHO KNOWS YOUR INDIVIDUAL SITUATION FOR ADVICE ON YOUR INVESTMENTS, YOUR TAXES, THE LAW OR ANY OTHER BUSINESS AND PROFESSIONAL MATTERS THAT AFFECT YOU BEFORE TAKING ANY ACTION. SMARTMONEY ONLINE PROVIDES GENERALIZED FINANCIAL INFORMATION DESIGNED TO EDUCATE A BROAD SEGMENT OF THE PUBLIC; IT DOES NOT GIVE PERSONALIZED INVESTMENT, TAX, LEGAL OR OTHER BUSINESS AND PROFESSIONAL ADVICE. SMARTMONEY ONLINE INCLUDES THE OPINIONS AND RECOMMENDATIONS OF INDIVIDUALS, BUT DOW JONES DOES NOT ENDORSE SUCH VIEWS, OPINIONS AND RECOMMENDATIONS NOR DOES IT ADVOCATE THAT YOU PURCHASE OR SELL ANY PARTICULAR SECURITY, OR GROUP OF SECURITIES, OR ANY OTHER INVESTMENT AT ANY TIME. THE PURPOSE OF SMARTMONEY ONLINE'S INTERACTIVE FEATURES AND TOOLS IS EDUCATIONAL AND INFORMATIONAL ONLY AND SHOULD NOT SERVE AS THE BASIS FOR MAKING FINANCIAL AND/OR INVESTMENT DECISIONS. ANY INTERACTIVE FEATURE DEPENDS, AMONG OTHER THINGS, ON THE ACCRUACY AND COMPLETENESS OF THE INFORMATION AND ASSUMPTIONS THAT YOU ENTER. THESE FEATURES ARE DESIGNED TO HELP YOU IDENTIFY GENERAL SAVINGS AND INVESTMENT STRATEGIES THAT CAN HELP YOU MEET YOUR FINANCIAL GOALS. SUCH STRATEGIES ARE STATISTICALLY AGGREGATED ACROSS DEMOGRAPHIC AND OTHER SEGMENTS. THEY MAY USE HISTORICAL MARKET RETURNS IN THEIR CALCULATIONS WHICH DO NOT GUARANTEE OR NECESSARILY PREDICT FUTURE RESULTS. FURTHER, SUCH STRATEGIES MAY NOT REFLECT CERTAIN PARTICULAR CIRCUMSTANCES THAT AFFECT YOUR FINANCIAL AND/OR INVESTMENT DECISIONS, STRATEGIES AND PLANS. INSTEAD, WHEN MAKING SUCH DECISIONS, YOU SHOULD CONSULT A FINANCIAL AND OTHER PROFESSIONAL ADVISORS FOR ADVICE THAT TAKES INTO ACCOUNT YOUR SPECIFIC NEEDS AND CIRCUMSTANCES.
    • 7.3 QUOTES. CERTAIN STOCK AND FUND QUOTES REPORTED ON SMARTMONEY ONLINE ARE DELAYED. BEFORE PURCHASING OR SELLING SECURITIES OR OTHER INVESTMENTS, YOU SHOULD CONSULT WITH A QUALIFIED FINANCIAL ADVISOR, SUCH AS A BROKER, TO VERIFY PRICING INFORMATION FOR SUCH SECURITIES OR OTHER INVESTMENTS.
    • 7.4 LIMITATION ON LIABILITY. DOW JONES AND ITS SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND LICENSORS ("THE DOW JONES PARTIES") WILL NOT BE LIABLE, JOINTLY OR SEVERALLY, TO YOU OR ANY OTHER PERSON FOR DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS AND LOST REVENUES (COLLECTIVELY, THE "EXCLUDED DAMAGES"), WHETHER OR NOT CHARACTERIZED IN TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF ANY OF THE DOW JONES PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY ARISING OUT OF, OR RELATING IN ANY WAY, TO SMARTMONEY ONLINE AND/OR THE CONTENT CONTAINED ON SMARTMONEY ONLINE OR AVAILABLE THROUG SMARTMONEY ONLINE, OR ANY PRODUCT OR SERVICE PURCHASED OR ACCESSED THROUGH THE SMARTMONEY ONLINE.
    • 7.5 BECAUSE CERTAIN JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR DAMAGES OR EXCLUSION OF CERTAIN WARRANTIES, PARTS, OR ALL, OF THE ABOVE SECTION MAY NOT APPLY TO YOU. IF A COURT OF COMPETENT JURISDICTION, OR OTHER SIMILAR GOVERNMENT AUTHORITY, IN ANY SUCH JURISDICTION HOLDS THAT ANY PORTION OF THIS ARTICLE 7 IS UNENFORCEABLE, OUR LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW IN SUCH JURISDICTION.
  8. Miscellaneous. These Terms of Use represent the entire agreement between us regarding your access to, and use of, SmartMoney Online and supersede all previous and contemporaneous oral or written agreements regarding your access to, and use of, SmartMoney Online. We may change or discontinue part or all of SmartMoney Online at any time in our sole discretion, including, without limitation, eliminating or discontinuing content, features or tools on SmartMoney Online and changing the way you access SmartMoney Online. For any reason and at any time as well as in the event we determine in our sole discretion that you have breached the terms and conditions of these Terms of Use or any applicable laws, rules or regulations, or at any time for any reason, we may terminate your access to and use of all or part of SmartMoney Online. You may not assign your rights or obligations under these Terms of Use to anyone, including transferring your access to the Premium Content. No third party is a beneficiary of these Terms of Use. You agree that these Terms of Use, as well as any and all claims arising from these Terms of Use will be governed by and construed in accordance with the laws of the State of New York, United States of America, without regard to its conflict or choice of law principles. The sole jurisdiction and venue for any litigation arising out of these Terms of Use will be an appropriate federal or state court located in the County of New York in the State of New York. These Terms of Use are not governed by the United Nations Convention on Contracts for the International Sale of Goods. Our waiver of a breach of any provision in these Terms of Use should not be taken or held to be a waiver of any succeeding breach of such provision or as a waiver of the provision itself. If any provision of these Terms of Use or their application in a particular circumstance is held to be invalid or unenforceable to any extent, the remainder of these Terms of Use, 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. The section headings in these Terms of Use are for convenience only and shall not be considered part of these Terms of Use or as a limitation or enlargement of the scope of the particular section to which they refer. Whenever required by context in these Terms of Use, a singular number will include the plural, the plural number will include the singular and the gender of any pronoun will include all genders. The word "including" in these Terms of Use shall be interpreted as introducing a non-exhaustive list by way of example.
  9. Copyright and Intellectual Property. Please read our Copyright and Intellectual Property Policy which is posted on the SmartMoney.com website for information, among other things, on our response to notices of copyright violation. SmartMoney®, SmartMoney.com™, SmartMoney Select, MapStation, smSmallBiz™, and smSmallBiz.com™ are trademarks and service marks of Dow Jones & Company, Inc. The layout and "look and feel" of the smartmoney.com and smSmallbiz.com web sites are copyrighted materials of Dow Jones & Company, Inc.
  10. Additional Terms. Certain of our content, data and information providers require us to include additional terms and conditions relating to their content and data.
  11. Service Information. Quotes on SmartMoney Online, excluding the Premium Content, are delayed by 15 minutes. Delayed quotes are provided by Interactive Data Real-Time Services, Inc. Historical prices and fundamental data are provided by Morningstar, Inc. Mutual fund data are provided by Lipper Inc. Mutual Fund NAVs are as of the previous day's close. Earnings estimates are provided by Zacks Investment Research. Insider trading data are provided by Thomson Reuters. Upgrades and downgrades are provided by Briefing.com. Certain search engine capabilities are provided by Factiva.

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