Provider reserves the right to change these terms and conditions at any time, and you agree that each visit you make to Provider’s Web Site shall be subject to the current terms and conditions as published on our website at www.BenchmarkMonitor.com.
By accessing Provider’s Web Site, you are agreeing to be bound by these Web Site Use Terms & Conditions and all applicable laws and regulations, and you agree that you are solely responsible for compliance with any applicable local laws. If you do not agree with any of these terms, do not use this site. Any claim relating to Provider’s Web Site shall be governed by the laws of New York. The materials contained in Provider’s Web Site are protected by applicable copyright and trade mark laws.
Electronic forums such as email distribution lists and UseNet newsgroups all have ground rules and established etiquette for posting messages or material to these forums. Users should be considerate of the expectations and sensitivities of others on the network when posting material for electronic distribution. The network resources rented by you may not be used to impersonate another person or misrepresent your authorization to act on behalf of Provider or any other party. All messages transmitted by you should correctly identify you as the sender. Any attempt to alter the system configuration, to breach the security of the network, to gain unauthorized access to other users’ email accounts, or any other attempt at “hacking”, is prohibited, and will result in the immediate cancellation of all access and privileges and the possibility of criminal and/or civil charges being brought.
No Endorsement of Third Party Content
Provider’s Web Site contains links to and frames of sites that are not maintained by Provider. Provider is not responsible for the content of those sites and cannot guarantee that those sites will not change without our knowledge. The inclusion of such links and frames in Provider’s Web Site does not imply endorsement of such sites or any content, information, material, products or services provided on such sites.
Disclaimer and Limitation of Liability
THE MATERIALS AND INFORMATION CONTAINED ON PROVIDER’S WEB SITE ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH PROVIDER’S WEB SITE AND ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, EXPECTATION OF PRIVACY OR NON‑INFRINGEMENT. In no event shall Provider or its service Providers, affiliates, associates, subsidiaries or partners be liable for any damages, including, without limitation, damages for loss of data or profit, or due to business interruption, arising out of the use of or inability to use the materials contained on Provider’s Web Site, even if Provider has been notified of the possibility of such damage. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action.
The information and opinions expressed in Bulletin Boards, Chat Rooms, or other forums conducted on this site are not necessarily those of Provider or its service Providers, affiliates, associates, subsidiaries or partners and Provider makes no representations or warranties regarding that information or those opinions. Neither Provider or its service Providers, affiliates, associates, subsidiaries or partners shall be responsible or liable to any person or entity whatsoever for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based upon or resulting from any information or opinions provided in such forums.
Provider hereby grants you a limited license to view on your computer, print, download and use any content made available on Provider’s Web Site for which a fee is not charged, for non-commercial, personal, or educational purposes only, provided that you do not modify any such content, and that you include with and display on each copy of such content all applicable notices, including a copyright notice, the URL of the document and this limited license. No other use is permitted.
Without limiting the generality of the foregoing you may not make any commercial use of such content, either alone or in or with any product which you distribute, or copy or host such content on your or any other person’s web site or FTP server. Nothing contained in this limited license shall be deemed as conferring any right in any copyright, trade mark, trade name or other proprietary property of Provider or any other party who owns or has proprietary rights to the content, information and materials provided on Provider’s Web Site.
Preservation of Intellectual Property Rights
All material on this site, including, but not limited to images, illustrations and multimedia materials, is protected by copyrights which are owned and controlled by Provider or by other parties that have licensed their material to Provider. Material from this Web Site or from any other web site owned, operated, licensed or controlled by Provider may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Modification of the materials or use of the materials for any other purpose is a violation of the copyrights and other proprietary rights held by the respective Providers thereof. The use of any such material on any other web site, ftp server or network environment is prohibited.
Changes and Improvements
Provider may make changes, improvements, alterations or amendments in and to the products, services, information and materials contained on Provider’s Web Site, including the terms and conditions of your use of this Web Site, without liability.
Due to the nature of the Internet, it is not possible for Provider to restrict access to its web site only to those jurisdictions in which it does business. Some of all of the products and services offered on this web site may not be eligible for solicitation in your jurisdiction. If you are accessing this web site from such a jurisdiction, you should not consider anything on this site as an offer to sell or as a solicitation to the public to purchase any product or service from Provider. This site is for use only by persons residing in jurisdictions where such products and services may legally be sold.
Provider offers services and programs in many parts of the world. The web site may refer to certain services or programs that are not available worldwide. Without specifically limiting the offers made on this web site, reference to such services or programs does not imply that Provider intends to offer such service or programs in all countries or locations.
Unless otherwise specified, the materials contained in Provider’s web site are presented solely for the purpose of [purposes] in
. This site is controlled and operated by Provider from its offices in [country]. Provider makes no representation that any of the materials contained in Provider’s web site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
This agreement shall be governed by and construed in accordance with the laws of New York and the parties hereby attorn to the jurisdiction of the courts of New York. Any provisions of this agreement which are or may be rendered invalid, unenforceable or illegal, shall be ineffective only to the extent of such invalidity, unenforceability or illegality, without affecting the validity, enforceability or legality of the remaining provisions of this Agreement. This agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, negotiations and discussions, whether oral or written, of the parties.
Provider appreciates and respects the privacy concerns of the visitors to its web site. As a general policy, no personal information is automatically collected from customers visiting this web site. However, certain information is recorded as a matter of course by Provider’s servers in order to track the number of visitors to the web site and to help provide an enhanced online experience for the visitor. The type of information tracked by our servers includes the browser and operating system in use by the visitor and the domain name of the visitor’s Internet service Provider. Collecting this information allows Provider to optimize the visitor’s web site experience. E‑mail addresses and other personally identifiable data about visitors to this site are known to Provider only if and when voluntarily submitted by the visitor. All personal information collected by Provider is retained by Provider and not sold or otherwise provided to third parties. Provider sometimes uses email addresses and other personally identifiable information to communicate with visitors who have provided Provider with their email addresses for specific purposes such as receiving newsletters or other information. Each newsletter will also contain instructions on how to discontinue receipt of the newsletter. Visitors should be aware that when they voluntarily disclose personal information on bulletin boards or in chat areas, that information can be collected and used by others and may result in unsolicited messages from other parties.
Many of Provider’s web pages place a “cookie” in the browser files of a visitor’s computer. The cookie itself does not contain any personal information. Although cookies enable Provider to relate a visitor’s use of Provider’s site to information that the visitor has specifically and knowingly provided, Provider does not do so for any sites specifically designed for and aimed at children. Provider believes that parents should supervise their children’s online activities and should consider using parental control tools available from online services and software manufacturers that help provide a kid-friendly online environment. These tools can also prevent children from disclosing online any personal information without parental permission.
By posting/sending a message in the bulletin board/e‑mail area, you agree to have that message along with your name posted for public viewing both here and in other promotional and advertising materials without compensation. Provider will attempt to post as many messages as possible, cannot promise to post every submission. All messages that are posted here represent the opinions of the individuals or organizations posting those messages, and do not express the ideas or opinions of Provider. You may copy the posted messages for personal use, but redistribution in any way requires the permission of Provider. In consideration of this authorization, you agree that any copy you make of any message(s) located on this web site shall retain all copyright and other proprietary notices contained therein.
In order to maintain an informative and valuable service that meets the needs of the users of the web site and avoids the harm that can result from disseminating statements that are false, malicious, in violation of the rights of others, or otherwise harmful, it is necessary to establish the following rules to protect against abuse:
- You may not post or transmit any message which is libelous, defamatory or which discloses private or personal matters concerning any person. You may not post or transmit any message, file, image or program which is indecent, obscene or pornographic.
- You may not post or transmit any message, file, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trade marks or service marks used in an infringing fashion.
- You may not interfere with other users’ use of the web site.
- You may not post or transmit any message, file, image or program which contains viruses, worms, Trojan horses or any other contaminating or destructive agent.
- You may not post or transmit any message which is harmful, threatening, abusive or hateful. It is not Provider’s intention to discourage its users from taking controversial positions or expressing vigorously what may be unpopular views; however. Provider reserves the right to take such action as it deems appropriate in cases where the web site is used to disseminate statements which are deeply and widely offensive and/or harmful.
- Any information provided to Provider shall be provided by the submitter and received by Provider on a non‑confidential basis. Provider will only accept submissions made by registered users of Provider. Provider shall be free to use such information without limitation, restriction or obligation. All submissions, comments, ideas, and correspondence become the sole property of Provider.
- You may not post or transmit charity requests, petitions for signatures, chain letters or letters relating to pyramid schemes. You may not post or transmit any advertising, promotional materials or any other solicitation of other users of the web site for goods or services except in those areas (e.g., a classified bulletin board) that are designated for such purpose.
- You may not use the facilities and capabilities of the web site to conduct or solicit the performance of any illegal activity or other activity which infringes the rights of others.
- You may not post any e-mail or materials that would be considered a violation of any law. Provider will co‑operate fully with any law enforcement authorities or court order requesting or directing Provider to disclose the identity of anyone posting any such e-mail or materials.
You agree to indemnify Provider and its officers, directors, employees, agents, distributors and affiliates from and against any and all third party claims, demands, liabilities, costs, or expenses, including reasonable legal fees, resulting from your breach of any of the foregoing provisions.
Submission of Ideas by Users
You agree to grant to Provider a non‑exclusive, royalty‑free, worldwide, perpetual license to reproduce, distribute, transmit, sublicense, create derivative works of, publicly display, publish and perform any materials and other information you submit to any public areas, chat rooms, bulletin boards, newsgroups or forums of Provider’s site(s) or which you provide by email or any other means to Provider and in any media now known or hereafter developed. Further, you grant to Provider the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against Provider for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Provider.
BenchmarkMonitor.com does not accept advertising from any company that, in our opinion, misleads or harms investors. This would include, but is not limited to, companies that sell speculative investments, companies that support a certain type of investment methodology without clarifying the risks related to that methodology or ads that make claims or promise unusually high investment returns.
We also do not accept advertising from investment firms that are unregulated by the SEC, from investment sites lacking explanations about the risks involved with their investment approach, or new investment sites that have not built up reliable brand names.
There may be cases in which we have accepted advertising from an advertiser in the past but turn down a new ad that we think is especially misleading. For example, one advertiser may have a low-expense index fund that we are happy to promote, but if that same advertiser creates an ad for a very risky technology fund that says something like “Risk-free technology investing” or minimizes the risks of the fund in some other way, we may very well turn down that specific ad.
(These examples are meant to be illustrative only. They are not meant to list all of the cases in which an advertiser will be turned down because we determine that they promote an investment approach that may harm investors.)
BenchmarkMonitor.com works hard to be able to accept new advertising technology. Product management is open to accepting these types of ads, including those in which the ad content actually interacts with the site content. Ads will be reviewed on a case-by-case basis. Product management will determine if the creative negatively impacts the speed of the site and if the creative will negatively impact the user experience on the site.
Ad Sizing and Location
Benchmark Monitor reserves the right to specify sizing and location of advertising and graphic links.
Animated creative cannot move across the content area. Animated creative is limited to one piece per run.
Advertisements may not mislead the user. For example, they may not resemble Windows/Macintosh/ Unix dialogue boxes, error messages without mention of company, service, or product’s name. Banners may not contain graphics that suggest interactivity (i.e., search boxes, drop down menus, etc.) without that functionality existing.
Advertisements may not resemble BenchmarkMonitor.com content or navigation.
All campaigns must be compatible when viewed with a minimum Internet Explorer 3.0 and Netscape Navigator 3.0 browser.
All creative links and partner sites that these links lead to must allow users to use “Back” button functionality to return to the BenchmarkMonitor.com Web site.
BenchmarkMonitor.com has the right to refuse advertising that, in BenchmarkMonitor.com’s opinion, is not factually accurate or in good taste. BenchmarkMonitor.com will not permit at any time the placement of any advertising for illegal or objectionable products. Advertising must not contain or link to fraudulent, provocative, deceptive, or offensive material, including material that misrepresents, ridicules, or attacks an individual or group on the basis of age, color, national origin, race, religion, sex, sexual orientation, or disability.
No messages advertising gambling, alcohol, illegal narcotics, firearms, ammunition, fireworks, tobacco and materials, religion, politics, products and adult services related to pornography will be allowed on the site.