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MadMoneyRecap.com. Privacy
Policy & Established Terms
of Use
Last revised: November 7,
2007
PRIVACY POLICY
MadMoneyRecap.com. shares your
concern about the protection of
your personal information online.
This is our policy regarding the
privacy of information we collect
on our web sites. We have recently
revised our policy. Please take
some time to review the new
version below. This Privacy Policy
includes examples of the types of
personal information we collect
and the kinds of companies with
whom we share such information.
These examples are illustrative
and should not be considered a
complete inventory of our
information collection, use and
sharing practices. We will comply
with applicable state laws that
may restrict the types of
information we may disclose about
you or require us to provide you
with additional notices.
Information Gathered and Tracked
by MadMoneyRecap.com.
MadMoneyRecap.com. gathers
tracking information, which is
automatically collected about all
visitors to our sites.
Personal Information
MadMoneyRecap.com collects
personal information in several
places on our web sites, which are
set forth generally below.
* Membership
Currently, we do not require users
to become members of
MadMoneyRecap.com in order to have
access to the free content on our
flagship site,
www.MadMoneyRecap.com.
Tracking Information
Tracking data consists of both
individual and aggregated tracking
information and is automatically
gathered using "cookies." A cookie
is a small data file containing
information, such as a user's
login name, that is written to the
user's hard drive by a web server
and used to track the pages
visited.
* Tracking by MadMoneyRecap.com
We use cookies in several ways to
track user behavior. First, the
information we gather on an
individual basis is used for
internal purposes only, such as
accessing a member's account
information. We also use tracking
information on an aggregate basis,
to track the readership of stories
and usage of our products, to
analyze traffic patterns on our
sites, and to provide anonymous
reporting of usage for internal
and external clients. In all
cases, cookies used by
MadMoneyRecap.com. are encoded and
contain a unique digital signature
to prevent tampering. They do not
contain user passwords. We also
employ technology that is commonly
referred to as "action tags" (also
known as "web beacons" or "one
pixel .gif files") to measure the
effectiveness of our
advertisements.
You can control your browser's
settings regarding cookies by
selecting "Internet Options" or
"Preferences" in the menu bar of
your browser. This will allow you
to prevent your browser from
accepting new cookies, have your
browser notify you when you
receive a new cookie, or disable
cookies altogether. However,
because cookies allow you to
easily navigate our web sites
without having to constantly log
in using your User Name and
password, we recommend that you
leave them turned on.
Revenue Science
In addition to our own internal
tracking, we may utilize the
services of Revenue Science, a
company that provides data
analyses and audience segmentation
services, in order to better
target advertising to our visitors
based on their activity on our
sites. To view Revenue Science's
privacy policy, go to their site.
Revenue Science does not collect
personally identifiable
information, but instead performs
real-time targeting of advertising
based on anonymously tracked user
activity. This enables us to serve
advertisements that are more
likely to be interesting to users
based on their activity on our
sites. If you would like to opt
out of Revenue Science's
association of tracking
information with your browser,
please go to their site and follow
the instructions on the page.
Atlas
MadMoneyRecap.com may use Atlas,
an operating unit of aQuantive,
Inc., a digital marketing company.
The privacy policy of Atlas can be
found here. Atlas serves
MadMoneyRecap.com advertisements
on our own sites and on web sites
from which we have purchased
online advertising, such as Yahoo!
Inc. and MSN Money. Atlas also
uses web beacons to collect
anonymous, non-personally
identifiable tracking information
about users who register with our
site through such advertisements,
including the user's anonymous
cookie ID, the specific
advertisement posted on the site,
the time and place of delivery.
The identities of all users who
see an ad from an Atlas server
remain completely anonymous to
Atlas.
If you would like to opt-out from
such tracking, go to their site,
and Atlas will change your cookie
to one that does not contain a
unique user ID number, which will
prevent Atlas from collecting any
information from your use of the
Internet by preventing information
from being associated with your
browser.
Coremetrics
Coremetrics, an online marketing
analysis company, which may be
used by MadMoneyRecap.com to
collect data as to what pages our
customers are visiting and what,
if any, pattern of page viewing
exists. We utilize Coremetrics to
analyze such customer activity
data solely to better serve the
interests of our customers. Only
non-personally identifiable
information is collected by
Coremetrics for analysis, using
anonymous cookies, and all such
data belongs to MadMoneyRecap.com.
If you would like to opt-out of
this collection of tracking data,
go to their site and follow the
instructions to select one of the
two available options for opting
out. We also use Coremetrics to
analyze anonymous commerce data to
determine the performance of our
marketing campaigns. To view the
privacy policy of Coremetrics, go
to their site.
Omniture
MadMoneyRecap.com may use
Omniture, Inc., a provider of
online business optimization
software, to assist us in the
capture and analysis of customer
usage and tracking information.
Omniture acts as a limited agent
to MadMoneyRecap.com only for the
purpose of providing such
services. Only Any information
obtained by Omniture from
MadMoneyRecap.com is and will
remain MadMoneyRecap.com's
property, and will be treated by
Omniture as proprietary and
confidential information of
MadMoneyRecap.com. As such,
Omniture will not disclose such
information to any third party,
unless specifically and rightfully
instructed to do so by
MadMoneyRecap.com. Omniture will
not review, share, distribute,
print, or reference any session
data of visitors to
MadMoneyRecap.com websites except
as requested by MadMoneyRecap.com
or as may be required by law. To
view the privacy policy of
Omniture, go to their site. If you
do not wish to allow your session
visitation information to be
aggregated and analyzed by
Omniture, you may utilize the opt
out mechanism found under the
heading "OPT OUT METHOD" here.
* Tracking by our Advertisers
MadMoneyRecap.com's advertisers
include financial services
companies (such as brokerage
firms, banks, and mortgage
companies) and non-financial
services companies (such as
computer manufacturers, software
companies, automobile makers and
retail stores).
MadMoneyRecap.com's advertisers
and advertising vendors display
targeted advertisements. Although
MadMoneyRecap.com does not provide
any personal information to the
advertiser or advertising vendor,
by interacting with or clicking on
an ad you consent to the
possibility that the advertiser
will assume you meet the targeting
criteria used.
In addition to cookies placed by
MadMoneyRecap.com or its agents,
as described above, advertisers
and advertising vendors that serve
ads onto our web sites may use
their own cookies or other
tracking technologies. We cannot
be responsible for the privacy
policies or practices of any such
advertisers and vendors.
DoubleClick
If you would like to know more
about the privacy practices of our
primary third-party ad server,
please check DoubleClick's privacy
policy. DoubleClick collects
certain non-personally
identifiable information in order
to better target advertising to
you. If you would like to opt-out,
go to their site, and DoubleClick
will change your cookie to one
that does not contain a unique
user ID number, which will prevent
DoubleClick from collecting any
information from your use of the
Internet.
Avenue A|Razorfish
Some advertisements on our site
may be served by interactive
advertising agency Avenue
A|Razorfish, another operating
unit of aQuantive, Inc. The
privacy policy of Avenue
A|Razorfish can be found here. In
addition to its own cookies,
Avenue A|Razorfish uses "action
tags" to measure the effectiveness
of its ads on behalf of its
clients. Avenue A|Razorfish uses
an action tag to set or read its
cookie. Any information that
Avenue A|Razorfish collects using
these cookies and action tags is
completely anonymous. Avenue
A|Razorfish may use information
about your visits to this and
other web sites in order to
provide advertisements about goods
and services of interest to you.
Unless otherwise notified, Avenue
A does not use names, addresses,
e-mail addresses or telephone
numbers, and does not link online
actions to an identifiable person.
The cookies and action tags
utilized by Avenue A|Razorfish are
served by Atlas, which is also an
aQuantive, Inc. company. If you
would like to opt-out, which will
prevent Avenue A|Razorfish from
collecting any information from
your use of the Internet, go to
their site, and Atlas will change
your cookie to one that does not
contain a unique user ID number.
Use of the Information
MadMoneyRecap.com. uses personal
information obtained from its
users as stated in this Privacy
Policy, and to enhance users'
experiences on our sites.
Disclosures Permitted by Law
* MadMoneyRecap.com does not sell
or disclose personal information
about you described above to with
other people or nonaffiliated
companies, except to provide you
with products or services, when we
have your permission, or under the
following circumstances:
o We provide the information on a
confidential basis to
nonaffiliated companies we engage
as contractors or agents to
perform services for us, such as
maintaining software, sending
direct mail or administering a
sweepstakes or contest.
Information will be shared with
such contractors only to the
extent reasonably necessary for
them to perform services on our
behalf, and pursuant to
confidentiality obligations;
o In response to subpoenas, court
orders, or legal process, from law
enforcement agencies or state and
federal regulators;
o If we sell or otherwise transfer
substantially all of our assets
related to any web site that we
own or operate and any product or
service that we offer. In that
event, we will require such third
party to honor our current Privacy
Policy, until the third party
provides you with notice of
changes to our Privacy Policy and
permits you to exercise any rights
you may have under applicable law
to limit disclosures of
information about you.
Disclosures for Joint Marketing
and Servicing
MadMoneyRecap.com may disclose all
the information we collect as
described above to other companies
such as direct marketers to
perform marketing services on our
behalf, or to financial
institutions, such as banks,
insurance companies and securities
broker-dealers, with whom we have
joint marketing agreements.
Other Uses
* Free Newsletters
If you're a registered member of
MadMoneyRecap.com, we use your
email address to send you free
email newsletters containing
selected stories, market
information, advertisements and
links to our sites.
* Premium Services
If you're a subscriber, we use
your email address, postal address
or fax number, as applicable, to
deliver our premium products and
services.
Security
MadMoneyRecap.com. limits access
to personal information about you
to those employees whom we
determine need access to that
information to provide products or
services to you. We maintain
physical, electronic and
procedural safeguards that comply
with federal standards to guard
your personal information.
However, no security system is
impenetrable. We cannot guarantee
the security of our servers, nor
can we guarantee that information
that users supply will not be
intercepted while being
transmitted to us over the
Internet.
Former Customers
MadMoneyRecap.com. discloses
personal information about former
customers only in accordance with
this Privacy Policy.
Your Independent Relationships
with Other Companies
Please note that this Privacy
Policy will not apply to your
independent relationships with
other companies that from time to
time may offer you products and
services on MadMoneyRecap.com's
sites. Those companies' privacy
policies will govern how they
collect, use and disclose personal
information that you provide to
them.
MadMoneyRecap.com. reserves the
right to modify this policy.
TERMS OF USE
MadMoneyRecap.com. provides its
flagship web site,
MadMoneyRecap.com, located at
http://www.MadMoneyRecap.com, free
of charge for your individual use,
subject to your compliance with
the terms and conditions set forth
here.
General Terms of Use
Last revised: November 7, 2007
PLEASE READ OUR TERMS OF USE
CAREFULLY BEFORE YOU USE OUR WEB
SITE. MadMoneyRecap.com.
("MadMoneyRecap.com," "we," or
"us") provides its flagship web
site, MadMoneyRecap.com, located
at http://www.MadMoneyRecap.com
(the "Site"), free of charge to
you, an individual user ("you")
for your individual usage, subject
to compliance with the terms and
conditions set forth herein.
1. Agreement
By using the Site, you agree to be
bound by our Terms of Use (the
"TOU"). If you do not agree to the
terms and conditions contained in
the TOU, we do not consent to
provide you with access to the
Site, and you should cease your
use of it.
2. Changes to the TOU
We reserve the right at any time
to:
* Change the terms and conditions
of the TOU;
* Change the Site, including
eliminating or discontinuing any
content or feature of the Site; or
* Impose fees, charges or other
conditions for use of the Site
(with reasonable notice).
Any changes we make to the TOU
will be effective seven (7) days
after notice of any change is
provided to you, which may be done
by means including, without
limitation, posting on the Site or
via email. Your use of the Site
after such notice will be deemed
acceptance of such changes. Our
business changes constantly. The
TOU, as well as our Privacy Policy
and Conflicts and Disclosure
Policy may change also. You should
check the Site frequently to see
recent changes.
3. Important Securities Disclaimer
MadMoneyRecap.com. is a publisher
and has not registered as an
investment adviser with the U.S.
Securities and Exchange
Commission. You understand that
the no content published on the
Site constitutes a recommendation
that any particular security,
portfolio of securities,
transaction or investment strategy
is suitable for any specific
person. You further understand
that none of the information
providers or their affiliates will
advise you personally concerning
the nature, potential, value or
suitability of any particular
security, portfolio of securities,
transaction, investment strategy
or other matter. To the extent any
of the content published on the
Site may be deemed to be
investment advice, such
information is impersonal and not
tailored to the investment needs
of any specific person.
You understand that the Site may
contain opinions from time to time
with regard to securities
mentioned in other
MadMoneyRecap.com products, and
that those opinions may be
different from those obtained by
using another MadMoneyRecap.com
product. You understand and agree
that, although we do not permit
our editorial staff to hold
positions in individual stocks
other than MadMoneyRecap.com, from
time to time, outside contributing
columnists or their affiliates may
write about securities in which
they or their firms have a
position, and that they may trade
for their own account. In cases
where the position is held at the
time of publication, appropriate
disclosure is made. In addition,
outside contributing columnists
may be subject to certain
restrictions on trading for their
own account. However, you
understand and agree that at the
time of any transaction that you
make, one or more contributing
columnists or their affiliates may
have a position in the securities
written about. For more
information, please review our
Conflicts and Disclosure Policy.
You understand that performance
data is supplied by sources
believed to be reliable, that the
calculations herein are made using
such data, and that such
calculations are not guaranteed by
these sources, the information
providers, or any other person or
entity, and may not be complete.
From time to time, reference may
be made in our marketing materials
to prior articles and opinions we
have published. These references
may be selective, may reference
only a portion of an article or
recommendation, and are likely not
to be current. As markets change
continuously, previously published
information and data may not be
current and should not be relied
upon.
4. Registration and Privacy
Our policy with respect to the
collection and use of your
personal information is set forth
in our Privacy Policy. Please note
that currently, you do not need to
provide us with any personal
information in order to use the
Site.
The Site is directed solely to
individuals residing in the United
States. We make no representation
that materials provided on the
Site are appropriate or available
for use in other locations. Those
who choose to access the Site from
other locations do so on their own
initiative and at their own risk,
and are responsible for compliance
with local laws, if and to the
extent applicable. We reserve the
right to limit the availability of
the Site to any person, geographic
area, or jurisdiction we so
desire, at any time and in our
sole discretion, and to limit the
quantities of any such service or
product that we provide.
5. MadMoneyRecap.com's Proprietary
Rights
The MadMoneyRecap.com website is a
reporting tool, recapping the
comments made by TV commentators
on various channels and networks.
MadMoneyRecap.com is not
affiliated with any TV station,
network or individual commentator.
The Site and the content contained
therein are the property of
MadMoneyRecap.com and its
licensors. You may access and use
the content, and download and/or
print out one copy of any content
from the Site, solely for your
personal, noncommercial use. You
acknowledge that you do not
acquire any ownership rights by
using the Site.
If you are interested in
reprinting, republishing or
distributing content from
MadMoneyRecap.com, please contact
madgia @madmoneyrecap.com.
6. User Conduct
You may not republish, upload,
post, transmit or distribute
content from the Site to online
bulletin boards, message boards,
newsgroups, chat rooms, or in
other any manner, without our
prior written permission.
Modification of the content or use
of the content for any purpose
other than your own personal,
noncommercial use is a violation
of our copyright and other
proprietary rights, and can
subject you to legal liability.
In addition, in connection with
your use of the Site, you agree
not to:
* Restrict or inhibit any other
visitor from using the Site,
including, without limitation, by
means of "hacking" or defacing any
portion of the Site;
* Use the Site for any unlawful
purpose;
* Express or imply that any
statements you make are endorsed
by us, without our prior written
consent;
* Modify, adapt, sublicense,
translate, sell, reverse engineer,
decompile or disassemble any
portion of the Site;
* "Frame" or "mirror" any part of
the Site without our prior written
authorization;
* Use any robot, spider, site
search/retrieval application, or
other manual or automatic device
or process to download, retrieve,
index, "data mine," or in any way
reproduce or circumvent the
navigational structure or
presentation of the Site or its
contents;
* Harvest or collect information
about visitors to the Site without
their express consent.
You also agree to comply with all
applicable laws, rules and
regulations in connection with
your use of the Site and the
content made available therein.
7. Features and Links to Other Web
Sites
Your use of certain services on
the Site may be governed by
additional rules, which are
available on the Site or by
hyperlink from other sites, in
connection with the service. By
using any service you are
acknowledging that you have
reviewed all corresponding rules
and agree to be bound by them.
Some of the services may have been
provided by third parties for your
use. In the event that any service
or tool is provided by a third
party, such service or tool may
become unavailable in the event
that the agreement between us and
the third party is terminated. You
expressly acknowledge and agree
that your use of all services and
tools is solely at your risk.
Any sweepstakes, contests, and
games that are accessible through
our web sites are governed by
specific rules. By entering such
sweepstakes or contests or
participating in such games, you
will become subject to those
rules.
The Site may contain links to
other Internet web sites or
resources. We neither control nor
endorse such other web sites, nor
have we reviewed or approved any
content that appears on such other
web sites. You acknowledge and
agree that we shall not be held
responsible for the legality,
accuracy, or inappropriate nature
of any content, advertising,
products, services, or information
located on or through any other
websites, nor for any loss or
damages caused or alleged to have
been caused by the use of or
reliance on any such content.
8. Disclaimer of Warranties
THE SITE, AND ANY PRODUCT OR
SERVICE OBTAINED OR ACCESSED
THROUGH THE SITE, IS PROVIDED "AS
IS" AND WITHOUT REPRESENTATIONS OR
WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED. TO THE FULLEST
EXTENT PERMISSIBLE PURSUANT TO
APPLICABLE LAW, MadMoneyRecap.com,
ITS OFFICERS, DIRECTORS,
EMPLOYEES, AFFILIATES, SUPPLIERS,
ADVERTISERS, AND AGENTS DISCLAIM
ALL WARRANTIES, EXPRESS, IMPLIED
OR STATUTORY, INCLUDING, BUT NOT
LIMITED TO, IMPLIED WARRANTIES OF
TITLE, NON-INFRINGEMENT,
MERCHANTABILITY, AND FITNESS FOR A
PARTICULAR PURPOSE, AND ALL
WARRANTIES RELATING TO THE
ADEQUACY, ACCURACY OR COMPLETENESS
OF ANY INFORMATION ON OUR WEB
SITES.
Some jurisdictions do not allow
the exclusion of implied
warranties, so the above
exclusions may not apply to you.
MadMoneyRecap.com AND ITS
AFFILIATES, SUPPLIERS, AGENTS AND
SPONSORS 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
SERVER(S) ON WHICH THE SITE IS
HOSTED ARE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS. YOU
ACKNOWLEDGE THAT YOU ARE
RESPONSIBLE FOR OBTAINING AND
MAINTAINING ALL TELEPHONE,
COMPUTER HARDWARE AND OTHER
EQUIPMENT NEEDED TO ACCESS AND USE
OUR WEB SITES, AND ALL CHARGES
RELATED THERETO. YOU ASSUME TOTAL
RESPONSIBILITY AND RISK FOR YOUR
USE OF THE SITE AND YOUR RELIANCE
THEREON. NO OPINION, ADVICE, OR
STATEMENT OF MadMoneyRecap.com OR
ITS AFFILIATES, SUPPLIERS, AGENTS,
MEMBERS, OR VISITORS, WHETHER MADE
ON THE SITE OR OTHERWISE, SHALL
CREATE ANY WARRANTY. YOUR USE OF
THE SITE, THE CONTENT CONTATINED
THEREIN, AND ANY MATERIALS
PROVIDED THROUGH THE SITE, ARE
ENTIRELY AT YOUR OWN RISK.
A possibility exists that the Site
could include inaccuracies or
errors, or materials that violate
the TOU. Additionally, a
possibility exists that
unauthorized alterations could be
made to the Site by third parties.
Although we attempt to ensure the
integrity of our web sites and
other products and services, we
make no guarantees as to the
completeness or correctness of any
content on the Site. In the event
that such a situation arises,
please contact us at madgia
@MadMoneyRecap.com with, if
possible, a description of the
material to be checked and the
location (URL) where such material
can be found on our web sites, if
applicable, as well as information
sufficient to enable us to contact
you. We will try to address your
concerns as soon as reasonably
practicable. For copyright
infringement claims, see the
section on "Copyright
Infringement" below.
9. Limitation of Liability
NEITHER MadMoneyRecap.com. NOR ITS
AFFILIATES, SUPPLIERS,
ADVERTISERS, AFFILIATES, OR AGENTS
OR SPONSORS ARE RESPONSIBLE OR
LIABLE FOR ANY INDIRECT,
INCIDENTAL, CONSEQUENTIAL,
SPECIAL, EXEMPLARY, PUNITIVE OR
OTHER DAMAGES UNDER ANY CONTRACT,
NEGLIGENCE, STRICT LIABILITY OR
OTHER THEORY ARISING OUT OF OR
RELATING IN ANY WAY TO THE SITE
AND/OR ANY CONTENT CONTAINED
THEREIN, OR ANY PRODUCT OR SERVICE
USED OR PURCHASED THROUGH
MadMoneyRecap.com.
YOUR SOLE REMEDY FOR
DISSATISFACTION WITH THE SITE IS
TO STOP USING IT.
THE SOLE AND EXCLUSIVE MAXIMUM
LIABILITY TO COMPANY FOR ALL
DAMAGES, LOSSES, AND CAUSES OF
ACTION (WHETHER IN CONTRACT, TORT
(INCLUDING, WITHOUT LIMITATION,
NEGLIGENCE), OR OTHERWISE) SHALL
BE THE TOTAL AMOUNT PAID TO US BY
YOU, IF ANY, FOR ACCESS TO THE
SITE.
Some jurisdictions do not allow
the limitation or exclusion of
liability for incidental or
consequential damages, so the
above limitations may not apply to
you.
10. Indemnification
You agree to indemnify, defend and
hold us, our officers, directors,
employees, agents and
representatives harmless from and
against any and all claims,
damages, losses, costs (including
reasonable attorneys' fees), or
other expenses that arise directly
or indirectly out of or from (a)
your violation of the TOU; (b)
your use of the Site; or (c) your
violation of the rights of any
third party.
11. Termination
You understand and agree that
MadMoneyRecap.com may, under
certain circumstances and without
prior notice to you, terminate
your access to and use of the
Site. Cause for such termination
shall include, but not be limited
to, (i) breaches or violations of
the TOU or other agreements or
guidelines, (ii) requests by law
enforcement or other government or
regulatory authorities, or (iii)
technical difficulties.
12. Copyright Infringement
The Digital Millennium Copyright
Act of 1998 (the "DMCA") provides
recourse for copyright owners who
believe that material appearing on
the Internet infringes their
rights under U.S. copyright law.
If you believe in good faith that
materials hosted by
MadMoneyRecap.com. or one of its
subsidiaries infringe your
copyright, you (or your agent) may
send us a notice requesting that
the material be removed, or access
to it blocked. If you believe in
good faith that a notice of
copyright infringement has been
wrongly filed against you, the
DMCA permits you to send us a
counter-notice. We suggest that
you consult your legal advisor
before filing a notice or
counter-notice.
Also, be aware that there can be
penalties for false claims under
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