Effective Date: September 21, 2013
We collect certain information from you in order to provide you with the most interesting and useful Web site possible.
We use your IP address to identify you, to gather demographic information that helps us understand how you and our other customers use our Web site, and to administer our Web site.
Our registration form requires you to give us contact information (like your name and email address), demographic information (like your zip code and occupation) and profile information (like your investment experience). We use your contact information to contact you about the services on our site, in which you have expressed interest, to send you newsletters from MarketRiders. We also use it to sign you up for webinars. You may opt-out of receiving these types of communications at any time, please see our "Choice/Opt-out" Section below. We also collect your credit card number and expiration date. We use this information to bill you for the services you have signed up for.
We sometimes conduct or sponsor surveys and contests on our Web site. If you elect to participate, we may ask you for contact, demographic and other information as part of these offerings. We would use this information to analyze and report on the results of surveys, to provide you with the results of the surveys and contests.. Participation in surveys and contests is completely voluntary.
If you choose to use our referral service to invite a friend to our site, we will ask you for your friend's name and email address. We will automatically send your friend a one-time email inviting him or her to visit the site. MarketRiders stores this information for the sole purpose of sending this one-time email and tracking the success of our referral program.
Your friend may contact us at to request that we remove this information from our database.
We post expert quotes on our site that may contain personal information such as their name and a photo. We do obtain their consent prior to posting their quotes along with their name and photo. If you wish to update or delete your quotes, you can contact us at
We share demographic, profile and other general information about you and our other customers with our advertisers on an aggregate basis. This means that we tell our advertisers general information about the characteristics of our customer base such as how many visitors and registered users we have within a certain postal code, but we do not specifically identify a particular visitor or provide his or her contact information to our advertisers. We may disclose your contact information or other specific information about you to third parties in conjunction with contests or new service offerings that you elect to participate in, but we will specifically describe with whom we will be sharing the information at the time we gather the information.
We provide the information (such as your name, email address, mailing address and credit card 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, credit card processing, Paypal, 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;
We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, or legal process served on our Web site
MarketRiders 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.
Most browsers are set to accept cookies unless you reconfigure your browser to refuse them or to notify you when you will have received one. If you do not accept cookies, you will not be able to use certain features of our site.
Third Parties, with whom we partner to provide certain features on our site or to display advertising based upon your Web browsing activity, also use Flash cookies to collect and store information.
Flash cookies are different from browser cookies because of the amount of, type of, and how data is stored. Cookie management tools provided by your browser will not remove Flash cookies. To learn how to manage privacy and storage settings for Flash cookies click here.
We provide you the opportunity to 'opt-out' of having your personally identifiable information used for certain purposes, when we ask for this information. For example, if you purchase a product/service but do not wish to receive any additional marketing material from us, you can indicate your preference on the registration form.
If you no longer wish to receive our newsletter and promotional communications, you may opt-out of receiving them by following the instructions included in each newsletter or communication, by logging into your my account section of the site under email and newsletter preferences, sending a letter to us at 530 Lytton Avenue, 2nd Floor, Palo Alto, CA 94301, or by emailing us at . We offer an opportunity to opt-out of certain communications within the My Account section of the site or you may contact us at 866-990-ETFS to opt-out.
You will be notified when your personally identifiable information is collected by any third party who is not our agent/service provider, so you can make an informed choice as to whether or not to share your information with that party.
If you use the blog on this Web site, you should be aware that any personally identifiable information you submit there can be read, collected, or used by other users of these blogs, and could be used to send you unsolicited messages. We are not responsible for the personally identifiable information you choose to submit in these blogs. To request removal of your personal information from our blog or community forum, contact us at
. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why.
The security of your personal information is important to us. When you enter sensitive information (such as credit card number and/or social security number, national ID, personal health information) on our registration or order forms, we encrypt that information using secure socket layer technology (SSL). To learn more about SSL, follow this link.
We follow generally accepted industry standards to protect the personally identifiable information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.
If you click on a link to a third party site, you will leave the www.marketriders.com site you are visiting and go to the site you selected. Because we cannot control the activities of third parties, we cannot accept responsibility for any use of your personally identifiable information by such third parties, and we cannot guarantee that they will adhere to the same privacy practices as www.marketriders.com. We encourage you to review the privacy statements of any other service provider from whom you request services. If you visit a third party website that is linked to a www.marketriders.com site, you should read that site's privacy statement before providing any personally identifiable information.
If your personally identifiable information changes, or if you no longer desire our service, you may correct, delete inaccuracies, or update it by emailing our Customer Support at
or by contacting us by telephone or postal mail at the contact information listed on our website.
We will retain your information for as long as your account is active or as needed to provide you services. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
We reserve the right to modify this privacy statement at any time, so please review it frequently. If we make material changes to this policy, we will notify you here, by email, or by means of a notice on our home page prior to the change becoming effective.
MarketRiders ("MarketRiders") welcomes you. MarketRiders provides its service to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. In addition, when using particular MarketRiders owned or operated services, you and MarketRiders shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.
MarketRiders provides users with access to a rich collection of resources, including various communications tools, a portfolio engine tool, forums, search services, personalized content and branded programming through its site which may be accessed through any various medium or device now known or hereafter developed (the "Service"). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for MarketRiders to provide the Service. You also understand and agree that the Service may include certain communications from MarketRiders, such as service announcements, administrative messages and the MarketRiders Newsletter, and that these communications are considered part of MarketRiders membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new MarketRiders properties, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that MarketRiders assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or MarketRiders has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, MarketRiders has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify MarketRiders of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. MarketRiders cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 4.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not MarketRiders, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. MarketRiders does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will MarketRiders be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service. You agree to not use the Service to:
You acknowledge that MarketRiders may or may not pre-screen Content, but that MarketRiders and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, MarketRiders and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by MarketRiders or submitted to MarketRiders, including without limitation information in MarketRiders Message Boards and in all other parts of the Service.
You acknowledge, consent and agree that MarketRiders may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of MarketRiders, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by MarketRiders and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
When you register with MarketRiders, you acknowledge that in using MarketRiders services to send electronic communications (including but not limited to email, search queries, sending messages to MarketRiders blogs, Q and A, Research Library or MarketRiders Groups, uploading photos and files to MarketRiders Photos or Briefcase, and other Internet activities), you will be causing communications to be sent through MarketRiders's computer networks, portions of which are located in California, Texas, Virginia, and other locations in the United States and portions of which are located abroad. As a result, and also as a result of MarketRiders's network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this Terms of Service, you acknowledge that use of the service results in interstate data transmissions.
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
MarketRiders does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant MarketRiders the following worldwide, royalty-free and non-exclusive license(s), as applicable:
"Publicly accessible" areas of the Service are those areas of the MarketRiders network of properties that are intended by MarketRiders to be available to the general public. By way of example, publicly accessible areas of the Service would include MarketRiders Message Boards and portions of MarketRiders that are open to both members and visitors.
You agree to indemnify and hold MarketRiders and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your MarketRiders ID), use of the Service, or access to the Service.
You acknowledge that MarketRiders may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of messages that may be sent from or received by an account on the Service, the maximum size of any message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on MarketRiders's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that MarketRiders has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that MarketRiders reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that MarketRiders reserves the right to modify these general practices and limits from time to time.
MarketRiders reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that MarketRiders shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that MarketRiders may, under certain circumstances and without prior notice, immediately terminate your MarketRiders account, any associated email address, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services. Termination of your MarketRiders account includes (a) removal of access to all offerings within the Service, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of the Service. Further, you agree that all terminations for cause shall be made in MarketRiders's sole discretion and that MarketRiders shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Service.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that MarketRiders shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because MarketRiders has no control over such sites and resources, you acknowledge and agree that MarketRiders is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that MarketRiders shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by MarketRiders or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
MarketRiders grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by MarketRiders for use in accessing the Service.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT MARKETRIDERS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MARKETRIDERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 16 AND 17 MAY NOT APPLY TO YOU.
If you intend to create or join any service, receive or request any news, messages, alerts or other information from the Service concerning companies, ETF quotes, investments or securities, please read the above Sections 17 and 18 again. They go doubly for you. In addition, for this type of information particularly, the phrase "Let the investor beware" is apt. The Service is provided for informational purposes only, and no Content included in the Service is intended for trading or investing purposes. MarketRiders and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any trading or investment decisions based on such information.
You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.
MarketRiders may provide you with notices, including those regarding changes to the TOS, by email, regular mail or postings on the Service.
MarketRiders respects the intellectual property of others, and we ask our users to do the same. MarketRiders may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide MarketRiders's with the following information:
MarketRiders's contact info for claims of copyright or other intellectual property infringement is as follows:
James Alan Cook
731A Emerson Street
Palo Alto, CA 94301
The TOS constitutes the entire agreement between you and MarketRiders and governs your use of the Service, superseding any prior agreements between you and MarketRiders with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other MarketRiders services, affiliate services, third-party content or third-party software.
Choice of Law and Forum.
The TOS and the relationship between you and MarketRiders shall be governed by the laws of the State of New York without regard to its conflict of law provisions. You and MarketRiders agree to submit to the personal and exclusive jurisdiction of the courts located within the county of New York, New York.
Waiver and Severability of Terms.
The failure of MarketRiders to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
No Right of Survivorship and Non-Transferability.
You agree that your MarketRiders account is non-transferable and any rights to your MarketRiders ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
Please be advised that the answers provided by any member of the MarketRiders community represents his or own opinions, and that MarketRiders will not assess, verify or guarantee the suitability or profitability of any particular investment. You should not rely solely upon information provided on this page for purposes of transacting securities or other investments. You bear responsibility for your own investment research and decisions and should seek the advice of a qualified securities professional before making any investment.
Please report any violations of the TOS to us via the contact form.