Terms of Service


Wikinvest Terms of Service

LAST MODIFIED: June 1, 2010

The effective date of this Agreement is June 1, 2010.

Welcome to Wikinvest. Wikinvest’s online services will, among other things, allow an open community of users to share information about investing (the “Services”). Wikinvest and its affiliates provide their Services to you subject to these terms of service, as well as any other guidelines, rules and additional terms referenced herein, and all such guidelines, terms and rules are hereby incorporated herein by this reference (collectively, the “Terms of Service”). By using Wikinvest, which is owned and operated by Nvest, Inc. (“Nvest”, “we” or “our”) and by accessing the Wikinvest website located at http://www.wikinvest.com, and all linked pages owned and operated by Nvest (the “Site” and, together with the Services, “Wikinvest”), you agree to be bound by these Terms of Service. These Terms of Service set out the legally binding terms with respect to your use of, and our provision of, Wikinvest. Please read these Terms of Service carefully. Your access to or use of Wikinvest constitutes your acceptance of all the provisions of these Terms of Service. If you are unwilling to be bound by these Terms of Service, do not access or use Wikinvest.  

Eligibility

You must be 18 or over, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, to register as a member of Wikinvest or use Wikinvest. If you are under the age of 18 or the applicable legal age in your jurisdiction, you can use Wikinvest only in conjunction with, and under the supervision of, your parent or guardian who has agreed to these Terms of Service. If you do not qualify, do not use Wikinvest. Registration for Wikinvest is void where prohibited by applicable law and the right to access the Site is revoked in such jurisdictions. You must be 13 or older to use the Site, in compliance with the Children’s Online Privacy Protection Act (COPPA). By using Wikinvest, you represent and warrant that you have the right, authority and capacity to enter into these Terms of Service and to abide by all of the terms and conditions set forth herein. The Site is administered in the United States and intended for U.S. users; any use outside of the U.S. is at the user’s own risk and users are responsible for compliance with any local laws applicable to their use of Wikinvest.

Changes to the Agreement or Wikinvest

You agree and understand that these Terms of Service, and Wikinvest itself, may be modified by Nvest at any time without prior notice, and such modifications will be effective upon Nvest’s posting of the new terms and/or upon implementation of the new changes on the Site. You agree to review the Terms of Service periodically so that you are aware of any modifications. Your continued use of Wikinvest after any modifications indicates your acceptance of the modified Terms of Service. Unless expressly stated otherwise by Nvest, any new features, new services, enhancements or modifications to Wikinvest implemented after your initial access to Wikinvest shall be subject to these Terms of Service.

Registration and Security

In order to use and/or access certain Services, you may be required to register with the Site and to select a password and user name, which shall consist of an email address you own and use (“User ID”). You may also be asked to answer some questions about yourself. If you register, you agree to provide Nvest with true, accurate, current and complete information, and that you will promptly update such information with any changes. Failure to do so shall constitute a breach of these Terms of Service, which may result in the immediate termination of your account. You may not: (i) enter, select or use a false name or an email address owned or controlled by another person with the intent to impersonate that person; or (ii) use as a User ID a name subject to any rights of a person other than yourself without appropriate authorization. Nvest reserves the right to refuse registration of, or cancel, a User ID in its sole discretion. You shall be responsible for maintaining the confidentiality of your password and are fully responsible for all activities that occur under your User ID and password. Any User ID and password provided to you for your access to Wikinvest shall be for your personal use only. You agree to (a) immediately notify Nvest of any unauthorized use of your User ID or password at privacy@wikinvest.com, and (b) ensure that you exit from your account at the end of each session. If you violate any of these Terms of Service, Nvest may, at its sole discretion, terminate your registration, remove or modify the content that you have contributed, or take any other action that Nvest determines to be appropriate.  

Account Information from Third Party Sites 

In order to use and/or access certain Services, you may direct Nvest to retrieve your own information maintained online by third-party financial institutions with which you have customer relationships, maintain accounts or engage in financial transactions (“Account Information”).  Nvest works directly with online financial service providers to access this Account Information.  Nvest makes no effort to review the Account Information for any purpose, including but not limited to accuracy, legality or non-infringement.  Nvest is not responsible for the products and services offered by or on third-party sites.  Nvest is not responsible for fees charged by third-party sites as a result of using the Service. 

Nvest cannot always foresee or anticipate technical or other difficulties, which may result in failure to obtain data or loss of data, personalization settings or other service interruptions.  Nvest cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalization settings.  For example, when displayed through the Service, Account Information is only as fresh as the time shown, which reflects when the information is obtained from such sites.  Such information may be more up-to-date when obtained directly from the relevant sites.  You can refresh your Account Information through the Service, in the manner prescribed in the associated instructions. 

By submitting information, data, passwords, usernames, PINs, other log-in information, materials and other content to Wikinvest through the Service, you are licensing that content to Wikinvest solely for the purpose of providing the Service. Wikinvest may use and store the content, but only to provide the Service to you. By submitting this content to Wikinvest, you represent that you are entitled to submit it to Wikinvest for use for this purpose, without any obligation by Wikinvest to pay any fees or other limitations.

By using the Service, you hereby grant Wikinvest to access your Account Information maintained by identified third parties, on your behalf as your agent. When you use the “Add Accounts” feature of the Service, you will be directly connected to the website for the third party you have identified. Wikinvest will submit information including usernames and passwords that you provide to log you into the site. You hereby authorize and permit Wikinvest to use and store information submitted by you to the Service (such as account passwords and user names) to accomplish the foregoing and to configure the Service so that it is compatible with the third party sites for which you submit your information. For purposes of this Agreement and solely to provide the Account Information to you as part of the Service, you grant Wikinvest a limited power of attorney, and appoint Wikinvest as your attorney-in-fact and agent, to access third party sites, retrieve and use your information with the full power and authority to do and perform each thing necessary in connection with such activities, as you could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN WIKINVEST IS ACCESSING AND RETRIEVING ACCOUNT INFORMATION FROM THIRD PARTY SITES, WIKINVEST IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY. You agree that third party account providers shall be entitled to rely on the foregoing authorization, agency and power of attorney granted by you.  You understand and agree that the Service is not sponsored or endorsed by any third parties accessible through the Service. 

Offers and Third-Party Links

Some parts of the Service are supported by sponsored links from advertisers and display Offers that may be custom matched to you based on information stored in the Service, queries made through the Service or other information. We will always disclose when a particular Offer is sponsored.

In connection with Offers, the Service will provide links to other web sites belonging to Wikinvest advertisers and other third parties. Nvest does not endorse, warrant or guarantee the products or services available through the Offers (or any other third-party products or services advertised on or linked from our site), whether or not sponsored, and Nvest is not an agent or broker or otherwise responsible for the activities or policies of those web sites. Nvest does not guarantee that the offers made by any particular advertiser or other third party on Wikinvest.com are actually the terms that may be offered to you if you pursue the offer or that they are the best terms available in the market. 

Use of the Site/Services by Members

Subject to the restrictions on use and posting set forth in these Terms of Service, you may use Wikinvest to create, contribute, search, consume, and share information about investing, and encourage others to do the same; send content to people you know, whether or not they are existing Wikinvest users; invite people you know to join Wikinvest; and download or copy the portions of the information, data, text, sound, photographs, graphics, video, messages and other materials available through Wikinvest (“Content”), and other items displayed on the Site, solely for your own personal, non-commercial use. Subject to Paragraph 15 below, you may not copy or distribute any portion of Wikinvest for any purpose not authorized above without the express written permission of Nvest.

Nvest does not control the Content posted by third parties on Wikinvest (“Third Party Content”) and does not guarantee the accuracy, integrity or quality of such Third Party Content. You understand that by using Wikinvest you may be exposed to Third Party Content that is false, misleading, fraudulent, offensive, indecent and/or objectionable. Under no circumstances will Nvest be liable in any way for any Third Party Content, including any errors or omissions in any Third Party Content, or any loss or damage of any kind incurred as a result of your use of any Third Party Content. You are responsible for complying with all laws applicable to the Content you submit to Wikinvest.

You should not, and you agree you will not, construe, treat or rely on Content as (i) advice from Nvest or Wikinvest as to the value of securities, the selection of an investment adviser or the advisability of investing in, purchasing or selling securities or (ii) analyses or reports from Nvest or Wikinvest concerning securities. Any Content posted by us on Wikinvest has been posted in order to generate community discussion of such Content. We make no representations, warranties or guarantees whatsoever as to the accuracy, integrity or quality of such Content and under no circumstances will Nvest be liable in any way for any Content posted by us on Wikinvest, including any errors or omissions in any such Content, or any loss or damage of any kind incurred as a result of your use of any such Content. You agree that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the content, integrity, and accuracy of such Content. You agree and acknowledge that we are neither your investment adviser nor you fiduciary. You should not rely on any Content in any way when making investment decisions. Your use of any and all Content on or through Wikinvest is subject to our Disclaimer, a copy of which is currently located at http://www.wikinvest.com/site/Disclaimer. We strongly urge you to review the terms of the Disclaimer.

Alerts

Wikinvest may provide automatic alerts and voluntary account-related alerts from time to time.  Automatic alerts may be sent to you following certain changes made online to your Wikinvest account, such as a change in your User ID.

Voluntary account alerts may be turned on by default as part of the Service. They may then be customized, deactivated or reactivated by you. Wikinvest may add new alerts from time to time, or cease to provide certain alerts at any time upon its sole discretion. Each alert has different options available, and you may be asked to select from among these options upon activation of your alerts service.

Electronic alerts will be sent to the email address you have provided as your primary email address for Wikinvest.com. If your email address or your mobile device’s email address changes, you are responsible for informing us of that change. You may also choose to have alerts sent to a mobile device that accepts text messages. Changes to your email address or mobile number will apply to all of your alerts. Because alerts are not encrypted, we will never include your password. However, alerts may include your Wikinvest.com User ID and some information about your accounts. Anyone with access to your email will be able to view the content of these alerts. At any time you may disable future alerts.

You understand and agree that any alerts provided to you through the Service may be delayed or prevented by a variety of factors. Wikinvest does its best to provide alerts in a timely manner with accurate information. However, we neither guarantee the delivery nor the accuracy of the content of any alert. You also agree that Wikinvest shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.
 

Content Submission

Wikinvest is an organic website that grows because of the Content contributed by its community. Wikinvest users are encouraged to contribute Content to Wikinvest. When you contribute Content to Wikinvest, you agree to do so on the following terms:

  • You are solely responsible for any Content and other material that you submit to, or publish or display on, Wikinvest or transmit to other Wikinvest users (hereinafter, “Contributed Content”).
  • You may not submit any Contributed Content or material that infringes, misappropriates or violates the intellectual property, publicity, privacy or other rights of any party or that is subject to any restrictions, or imposes any obligations, on the use or further distribution thereof.
  • You may not provide any Contributed Content that falsely expresses or implies that such Content or material is sponsored or endorsed by Nvest.
  • You may not provide any Contributed Content that is unlawful or that promotes or encourages illegal activity.
  • You understand and agree that Nvest may review and delete any Contributed Content that in the sole judgment of Nvest violates these Terms of Service or which might be offensive, illegal, or that might violate the rights of, harm, or threaten the safety of other users or members of Wikinvest.
  • You agree that you will only provide Contributed Content that you believe to be true, and you will not purposely provide any false or misleading information.
  • By posting Contributed Content on Wikinvest, you agree to and hereby do grant, and you represent and warrant that you have the right to grant, Nvest a non-exclusive, worldwide, perpetual, irrevocable, unrestricted, royalty-free, fully paid-up, transferable license, with the right to sublicense, to use, copy, publicly perform, digitally perform, publicly display and distribute such Contributed Content, and to sell, modify, create derivative works from and/or to incorporate such Contributed Content into other works in any form, medium or technology, whether now known or hereafter developed, in each case, without compensation to you. You agree to waive any moral rights that you may have to your Contributed Content. You represent and warrant that none of your Contributed Content is subject to a confidentiality obligation.
  • Wikinvest champions active and open debate among its members. All we ask is that it is done in a lawful and civil manner. Accordingly, the following is a partial list of the kind of Content and communications that are illegal or prohibited on/through Wikinvest. Nvest reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Site and terminating the membership of such violators or blocking your use of Wikinvest. You may not post Content that:
    • is false or intentionally misleading;
    • is patently offensive to users of Wikinvest, such as Content or messages that promote racism, bigotry, hatred or physical harm of any kind against any group or individual;
    • harasses or advocates harassment of another person or includes personal information about another person, such as their address, email address or telephone number;
    • involves the transmission of unsolicited mass mailing (i.e. “spamming”) or other forms of solicitation (including, but not limited to, advertising, promotional materials, chain letters and/or pyramid schemes);
    • violates the intellectual property or other rights of any person (including rights arising under contractual or fiduciary obligations);
    • promotes illegal activities or conduct that is abusive;
    • violates any applicable law or regulation, including, without limitation, the rules and regulations of the U.S. Securities and Exchange Commission and/or the national or other securities exchanges (especially and including the rules against making false or misleading statements with the intent to manipulate the price of any security);
    • offers to sell or buy any security (including as such terms are used in the Securities Act of 1933, as amended, the rules and regulations thereunder, and the other U.S. securities laws), including any shares or other interest in an investment company, a hedge fund, a private equity fund or any other collective investment vehicle (a “Fund”);
    • refers, explicitly or implicitly, to any Fund that is (or the interests in which are) managed, advised, sponsored, underwritten, placed, offered or sold by you or your affiliate.
    • is threatening, obscene, defamatory or libelous;
    • is pornographic or sexually explicit in nature; and/or
    • seeks or recommends providers of material that exploits people under the age of 18 in a sexual or violent manner, or seeks or recommends providers that solicit personal information from anyone under 18.

Restrictions on Rights to Use

You agree that, subject to Paragraph 15 below, without the express written consent of Nvest, you shall not (and you agree not to allow any third party to):

  • modify, adapt, translate or reverse engineer any portion of Wikinvest;
  • remove any copyright, trademark or other proprietary rights notices contained in or on Wikinvest or in or on any Contributed Content or other material obtained via Wikinvest;
  • except for tools provided through Wikinvest, use any robot, spider, site search/retrieval application or other automated device, process or means to access, retrieve or index any portion of Wikinvest;
  • access, retrieve or index any portion of Wikinvest for purposes of constructing or populating a searchable database of information;
  • collect or store personal data or any other information about other users or members of Wikinvest (including usernames and/or email addresses) in connection with the prohibited activities described in this paragraph, or for any other purpose other than for your own personal, non-commercial use;
  • reformat, frame or place pop-up windows over any portion of Wikinvest, or otherwise affect the way that Wikinvest is displayed;
  • add or use ActiveX, Java, Javascript, cookies, web beacons or other tracking technologies on Wikinvest;
  • create user accounts by automated means or under false or fraudulent pretenses;
  • create or transmit unwanted electronic communications such as “spam” to other users or members of Wikinvest or otherwise interfere with other users’ or members’ enjoyment of Wikinvest;
  • transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature;
  • forge headers or manipulate identifiers or other data in order to disguise the origin of any Content transmitted through Wikinvest or to manipulate your presence on Wikinvest;
  • use Wikinvest to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene;
  • copy or store any Content offered on Wikinvest for other than your own personal use;
  • use any device, software or routine that interferes with the proper working of the Wikinvest or otherwise attempt to interfere with the proper working of Wikinvest;
  • take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure; or
  • use Wikinvest, intentionally or unintentionally, to violate any applicable local, state, national or international law.

Unauthorized access to Wikinvest is a breach of these Terms of Service and a violation of law. You agree not to access the Site by any means other than through the interfaces that we provide to you for accessing the Site. Nvest may at any time, without prior notice and at our sole discretion, remove any post, terminate the membership of, or take any other appropriate action against any person who violates the above provisions. Illegal or unauthorized uses of Wikinvest will be investigated and subject to appropriate legal action, including, without limitation, civil, criminal and/or injunctive redress.

Copyright Dispute Policy

Nvest has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act or DMCA (posted at www.lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of Nvest’s Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is provided at the bottom of this section.

Nvest Policy

It is Nvest’s policy to (i) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, Content providers, members or users; and (ii) remove and discontinue service to repeat offenders.

Procedure for Reporting Copyright Infringements

If you believe that material or Content residing on or accessible through Wikinvest infringes your copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below (“Proper Bona Fide Infringement Notification”):

  • A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
  • Identification of works or materials being infringed;
  • Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Nvest is capable of finding and verifying its existence;
  • Contact information about the notifier including address, telephone number and, if available, email address;
  • A statement that the notifier has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and
  • A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.

Please note that, should you choose to send a Proper Bona Fide Infringement Notification to the Designated Agent via email, all required information must be provided in the body of the email as Nvest will not accept or open attachments.

Upon Receipt of a Bona Fide Infringement Notification

Once Proper Bona Fide Infringement Notification is received by the Designated Agent, it is Nvest’s policy:

  • to remove or disable access to the infringing material;
  • to notify the Content provider, member or user that it has removed or disabled access to the material; and
  • that for repeat offenders, Nvest will also terminate such Content provider’s, member’s or user’s access to Wikinvest.

Procedure to Supply a Counter-Notice to the Designated Agent

If the Content provider, member or user believes that the material that was removed or to which access was disabled is either not infringing, or the Content provider, member or user believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or pursuant to the law, the Content provider, member or user must send a counter-notice containing the following information to the Designated Agent listed below:

  • A physical or electronic signature of the Content provider, member or user;
  • Identification of the material that has been removed or to which access to has been disabled and the location at which the material appeared before it was removed or disabled;
  • A statement that the Content provider, member or user has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and
  • The Content provider’s, member’s or user’s name, address, telephone number, and, if available, email address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the Content provider’s, member’s or user’s address is located, or if the Content provider’s, member’s or user’s address is located outside the United States, for any judicial district in which Nvest is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.

Removal

If a counter-notice is received by the Designated Agent, Nvest may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Nvest’s discretion.

Address for Designated Agent

Please contact Nvest’s Designated Agent to Receive Notification of Claimed Infringement at the following address:
General Counsel
Copyright Agent, Nvest, Inc.
1085 Mission Street
San Francisco, CA 94103
copyright@wikinvest.com

Nvest’s Proprietary Rights

The Site (including, but not limited to, text, photographs, graphics, video and audio Content, but excluding any Content that is subject to Paragraph 15 below) is protected by copyright as a collective work or compilation under the copyright laws of the United States and other countries. All individual articles, Content and other elements comprising Wikinvest are also copyrighted works. Except for the Content submitted by members or users, Wikinvest and all aspects thereof, including all copyrights, trademarks, and other intellectual property or proprietary rights therein, is owned by Nvest or its licensors. You acknowledge that Wikinvest and any underlying technology or software used in connection with Wikinvest contain Nvest’s proprietary information. You may not modify, reproduce, distribute, create derivative works of, publicly display or in any way exploit, any of the content, software, and/or materials available on Wikinvest, in whole or in part, except as expressly provided in Nvest’s policies and procedures made available via Wikinvest. Except as expressly and unambiguously provided herein, Nvest and its suppliers do not grant you any express or implied rights, and all rights in Wikinvest not expressly granted by Nvest to you are retained by Nvest.

Trade names, trademarks and service marks of Nvest include, without limitation, WIKINVEST™, WIKICHART™ and all associated logos. All trademarks and services marks on the Site that are not owned by Nvest are the property of their respective owners. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Nvest trade names, trademarks or service marks without the express prior written consent of Nvest.

Venue Only

If you enter into correspondence or engage in commercial transactions with third parties in connection with your use of Wikinvest, such activity is solely between you and the applicable third party. Nvest shall have no liability, obligation or responsibility for any such activity. You hereby release Nvest from all claims arising from such activity.

Privacy

Use of the Site and/or Wikinvest, and all information that you provide to Nvest in order to register for Wikinvest, is governed by our Privacy Policy. We strongly urge you to review the terms of the Privacy Policy.

Term

These Terms of Service will remain in full force and effect while you use Wikinvest or use any Content that you have obtained from Wikinvest. Wikinvest may terminate these Terms of Service for any reason, at any time. Any provisions in these Terms of Service that by their nature or as specified hereunder are intended to continue beyond termination or expiration of these Terms of Service, including, without limitation and for the avoidance of doubt, Sections 8, 10, 11, 12, 13, 14, 15 and 16, shall survive any termination or expiration of these Terms of Service.

Disclaimer

WIKINVEST IS PROVIDED BY NVEST ON AN “AS IS” BASIS. NVEST AND ITS LICENSORS AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO THE OPERATION OF WIKINVEST OR SOFTWARE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON, OR IN ASSOCIATION WITH, WIKINVEST. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NVEST AND ITS LICENSORS AND AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NVEST AND ITS LICENSORS AND AFFILIATES FURTHER DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN WIKINVEST. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NVEST IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER OF WIKINVEST. NVEST DOES NOT WARRANT OR COVENANT THAT WIKINVEST WILL BE AVAILABLE AT ANY TIME OR FROM ANY PARTICULAR LOCATION, WILL BE SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT WIKINVEST IS FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL COMPONENTS. ANY MATERIAL OR CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF WIKINVEST IS ACCESSED AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM NVEST OR THROUGH OR FROM WIKINVEST SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

NEITHER NVEST NOR THE SERVICE IS INTENDED TO PROVIDE LEGAL, TAX OR FINANCIAL ADVICE. NVEST IS NOT A FINANCIAL PLANNER, BROKER OR TAX ADVISOR. The Service is intended only to assist you in your financial organization and decision-making and is broad in scope. Your personal financial situation is unique, and any information and advice obtained through the Service may not be appropriate for your situation. Accordingly, before making any final decisions or implementing any financial strategy, you should consider obtaining additional information and advice from your accountant or other financial advisers who are fully aware of your individual circumstances. 

Limitation on Liability

NVEST SHALL NOT BE LIABLE FOR ANY FAILURE TO PERFORM ITS OBLIGATIONS HEREUNDER WHERE SUCH FAILURE RESULTS FROM ANY CAUSE BEYOND NVEST’S REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, MECHANICAL, ELECTRONIC OR COMMUNICATIONS FAILURE OR DEGRADATION (INCLUDING “LINE-NOISE” INTERFERENCE). WITHOUT LIMITING THE FOREGOING, NVEST AND ITS AFFILIATES AND SUPPLIERS WILL NOT BE LIABLE UNDER ANY THEORY OF LAW, FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF PROFITS, BUSINESS INTERRUPTION, AND/OR LOSS OF INFORMATION OR DATA. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, NVEST’S MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO NVEST FOR WIKINVEST IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (ii) $100. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

Indemnity

You agree to indemnify and hold Nvest, its parents, subsidiaries, affiliates, officers and employees, harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (i) your access to the Site, (ii) your use of the Services, (iii) your submission of Contributed Content, (iv) the violation of these Terms of Service by you, (v) your violation of law in your use of Wikinvest or in your dealings with other users of Wikinvest, including the Securities Act of 1933, Securities Exchange Act of 1934, the Investment Advisers Act of 1940 and the Investment Company Act of 1940, each as amended, or (vi) the infringement by you, or any third party using your account or User ID or password, of any intellectual property or other right of any person or entity.

Certain Third Party Content

Any Content on the Site that is subject to the GNU General Public License, the GNU Free Documentation License or any similar type of “open” licensing regime (“Open Content”) is expressly excluded from the ownership rights claimed by Nvest under these Terms of Service (including from Nvest’s ownership rights in the compilation copyright comprised by the Site). The use and distribution of any Open Content on the Site labeled by Nvest as subject to open license terms is subject to those terms, and not to the restrictions in these Terms of Service.

Dow Jones Terms of Use

TERMS AND CONDITIONS OF USE OF DOW JONES INDEXES(SM) BY ACCESSING AND USING THE DATA RELATED TO DOW JONES INDEXES(SM) (INCLUDING, WITHOUT LIMITATION, THE INDEX VALUES, HEREAFTER COLLECTIVELY "DOW JONES INDEXES(SM)") ON THIS WEB SITE, YOU ARE AGREEING TO BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS, INCLUDING ALL AMENDMENTS MADE AFTER MARCH 2003. IF ANY OF THESE TERMS AND CONDITIONS ARE UNACCEPTABLE TO YOU, YOU MAY NOT ACCESS OR USE DOW JONES INDEXES(SM). GENERAL TERMS AND CONDITIONS OF USE

Dow Jones Indexes(SM) (including, without limitation, the Dow Jones Averages, Dow Jones Global Indexes, Dow Jones Titans Indexes, Dow Jones Islamic Market Indexes, Dow Jones Sustainability Indexes and Dow Jones-AIG Commodity Indexes) are proprietary to Dow Jones & Company, Inc. (Dow Jones) and/or its licensors. By accessing and using the Dow Jones Indexes(SM), you are indicating that you are at least 18 years old, and you agree to be bound by all these Terms and Conditions of Use. You may print and keep a copy of these Terms and Conditions of Use, but Dow Jones may change any of these terms at any time. When the terms are changed, the changes will appear in this document. Your use of Dow Jones Indexes(SM) after any changes have been posted will constitute your agreement to the modified Terms and Conditions of Use. Therefore, you should read these Terms and Conditions of Use from time to time. If you do not agree to be bound by these Terms and Conditions of Use or any changes thereto, you should not use Dow Jones Indexes(SM) again. PROPRIETARY RIGHTS AND LIMITATIONS ON USE Dow Jones Indexes(SM) are protected by copyright and other intellectual property laws. Dow Jones Indexes(SM) may be used only for your personal, non-commercial purposes. You agree not to modify, copy, reproduce, retransmit, distribute, sell, publish, broadcast, create derivative works from or store the Dow Jones Indexes(SM) (or any portion thereof), without the express prior consent of Dow Jones. You may not use Dow Jones Indexes(SM) for any unlawful purpose. All trade names, trademarks, service marks associated with the Dow Jones Indexes(SM) (whether registered or unregistered) (the "Marks") are proprietary to Dow Jones and/or its licensors and are protected by applicable trademark laws. Nothing contained in this web site should be construed as granting any license or right to use any of the Marks displayed here without the express written permission of Dow Jones or the applicable licensors . Any unauthorized use of the Marks is strictly prohibited. Also, you may not use any of the Dow Jones Indexes(SM) or the Marks in connection with the issuance, trading, marketing or promotion of investment products (e.g., derivatives, structured products, investment funds, investment portfolios, etc. where the price, return and/or performance of the investment product is based on or related to the Indexes) without a separate written agreement with Dow Jones. Further, neither Dow Jones nor its licensors is giving investment advice, tax advice, legal advice, or other professional advice by providing the Dow Jones Indexes(SM), and neither Dow Jones nor its licensors sponsor, recommend or endorse the purchase or sale of any security or investment. If you violate any of these terms and conditions, Dow Jones has the right to terminate your access to all or any portion of the Dow Jones Indexes(SM) immediately without notice. Your right to use the Dow Jones Indexes(SM) is subject to any limits established by Dow Jones in its sole discretion.

DISCLAIMER OF WARRANTIES AND LIABILITY DOW JONES INDEXES(SM) ARE PROVIDED TO YOU "AS IS". NEITHER DOW JONES NOR ANY OF ITS AFFILIATES, AGENTS OR LICENSORS WARRANTS THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE DOW JONES INDEXES(SM). ALTHOUGH DOW JONES MAKES REASONABLE EFFORTS TO COMPLY WITH ITS GUIDELINES REGARDING THE SELECTION OF COMPONENTS IN THE DOW JONES ISLAMIC MARKET INDEXES, DOW JONES CANNOT GUARANTEE OR WARRANT THAT THOSE INDEXES OR THE DATA RELATED THERETO WILL COMPLY WITH SHARIAH LAW OR OTHER ISLAMIC PRINCIPLES AND DOW JONES EXPRESSLY DISCLAIMS ANY SUCH WARRANTY. NEITHER DOW JONES NOR ANY OF ITS AFFILIATES, AGENTS OR LICENSORS SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY RESULTING DIRECTLY FROM USE OF THE DOW JONES INDEXES(SM) CAUSED IN WHOLE OR PART BY DOW JONES' NEGLIGENCE OR CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING THE DOW JONES INDEXES(SM). IN NO EVENT WILL DOW JONES OR ANY OF ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON THE DOW JONES INDEXES(SM). NEITHER DOW JONES NOR ANY OF ITS AFFILIATES, AGENTS OR LICENSORS SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ADDITIONAL TERMS

Dow Jones may discontinue or change the Dow Jones Indexes(SM), or their availability to you, at any time without notice. If any provision in these Terms and Conditions of Use is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. These Terms and Conditions of Use, your rights and obligations, and all actions contemplated by this agreement shall be governed by the laws of the State of New York, as if these Terms are a contract wholly entered into and wholly performed within the State of New York. These Terms and Conditions of Use constitute the entire agreement between you and Dow Jones relating to the Dow Jones Indexes(SM), and they supersede any and all other agreements, oral or in writing, with respect to the indexes. The failure of Dow Jones to insist upon strict compliance with any term or provision shall not be construed as a waiver with regard to any subsequent failure to comply with such term or provision. Certain market data is provided by Reuters for use in calculating the Dow Jones Indexes(SM). Reuters shall not be liable for any errors or delays in content, or for any actions taken in reliance thereon.

The Dow Jones Indexes(SM) are proprietary to and distributed by Dow Jones & Company, Inc. and have been licensed for use.

Removing your account from Wikinvest

This Agreement will continue to apply until terminated by either you or Nvest as set out below. If you want to remove a brokerage account that you have added to Wikinvest, go to Account Settings and “Delete” the account you wish to be removed. If you want to terminate your legal agreement with Nvest, you may do so by closing your account for the Service.

To close and delete your account, please email Nvest at feedback@wikinvest.com.

Your Wikinvest.com account data will be removed within 30 days subject to and as explained in our Privacy Policy.

Miscellaneous

If there is any dispute about or involving Wikinvest, by using Wikinvest, you agree that the dispute will be governed by the laws of the State of California, without regard to its conflict of law provisions. You further agree to exclusive personal jurisdiction by, and venue in, the state and federal courts of the State of California, City of San Francisco for any and all claims about or involving Wikinvest. No agency, partnership, joint venture, or employment is created as a result of these Terms of Service and you do not have any authority of any kind to bind Nvest in any respect whatsoever. Nvest may provide you with notices, including those regarding changes to the Terms of Service by email, regular mail or postings on Wikinvest. These Terms of Service, accepted upon use of Wikinvest, and all terms, guidelines and rules referenced herein contain the entire agreement between you and Nvest regarding the use of Wikinvest. The failure of Nvest to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Service shall otherwise remain in full force and effect and enforceable. These Terms of Service are not assignable, transferable or sublicensable by you except with Nvest’s prior written consent. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. These Terms of Service include Wikinvest’s acceptable use policy for Contributed Content, Wikinvest’s Privacy Policy, Wikinvest’s Disclaimer and any notices regarding Wikinvest.

Contact and Violations

If you have questions regarding these Terms of Service or to report any violations of these Terms of Service, please contact us at legal@wikinvest.com.

Wikinvest © 2006, 2007, 2008, 2009, 2010, 2011, 2012. Use of this site is subject to express Terms of Service, Privacy Policy, and Disclaimer. By continuing past this page, you agree to abide by these terms. Any information provided by Wikinvest, including but not limited to company data, competitors, business analysis, market share, sales revenues and other operating metrics, earnings call analysis, conference call transcripts, industry information, or price targets should not be construed as research, trading tips or recommendations, or investment advice and is provided with no warrants as to its accuracy. Stock market data, including US and International equity symbols, stock quotes, share prices, earnings ratios, and other fundamental data is provided by data partners. Stock market quotes delayed at least 15 minutes for NASDAQ, 20 mins for NYSE and AMEX. Market data by Xignite. See data providers for more details. Company names, products, services and branding cited herein may be trademarks or registered trademarks of their respective owners. The use of trademarks or service marks of another is not a representation that the other is affiliated with, sponsors, is sponsored by, endorses, or is endorsed by Wikinvest.
Powered by MediaWiki