IAC.com Terms of Use

PLEASE READ THE TERMS OF USE BELOW. THESE TERMS OF USE (AS REVISED AND POSTED ON THE SITE FROM TIME TO TIME, THIS "AGREEMENT"), STATE THE TERMS AND CONDITIONS UNDER WHICH INTERACTIVECORP ("IAC") PROVIDES YOU WITH VARIOUS SERVICES ON IAC.COM (THE "SITE"). ALL SERVICES PROVIDED BY IAC ON THE SITE ARE COLLECTIVELY REFERRED TO AS "SERVICES." BY ACCESSING, BROWSING AND/OR USING THE SITE AND/OR SERVICES POSTED ON THE SITE, YOU ARE DEEMED TO ACCEPT THIS AGREEMENT AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, PLEASE DO NOT ACCESS, BROWSE OR USE THE SITE OR ANY SERVICES.

Ownership of the Site and Protection of Our Intellectual Property Rights

The Site is a website of InterActiveCorp ("IAC"). All right, title and interest to the content displayed on the Site, including but not limited to the Site's look and feel, data, information, text, graphics, images, sound or video materials, photographs, designs, trademarks, service marks, trade names, URLs and content provided by third parties, are the property of IAC, or the respective third parties, and are protected by copyright, trademark, patent or other proprietary rights and laws. Except as expressly authorized by IAC, you agree not to copy, modify, rent, lease, loan, sell, assign, distribute, perform, display, license, reverse engineer or create derivative works based on the Site or any content (including without limitation any software) available through the Site. IAC expressly authorizes you to duplicate publicly available information about securities, investment, or IAC's business operations that is available on the Site for personal or business purposes. IAC does not, however, authorize you to modify or republish this information or any part of it, nor may you redistribute this information as a part of a commercial or fee-based service. If you are interested in licensing IAC content for a commercial service, please contact IAC.

Changes To This Agreement

IAC may make changes to this Agreement at any time in its sole discretion, without notice to you. Each time changes are made to this Agreement, a revised Agreement will be posted on the home page of the Site. Your continued use of the Site following the posting of changes constitutes your acceptance of any such changes. Your use of the Site after the Agreement has been modified will be governed by the modified terms of the Agreement. You can review the most current version of this Agreement on this page. In order to assist you in determining whether the Agreement has been updated, IAC will list the date on which the Agreement was most recently modified at the bottom of this document. Please check this page from time to time for current terms of use.

Our Privacy Policy

The information that we obtain through your use of any portion of the Site, whether through the registration process or otherwise, is subject to the privacy policy posted on the Site ("Privacy Policy"), which is incorporated within this Agreement by reference. The IAC.com privacy policy is here. The Privacy Policy describes our collection and use of the information you provide to us, including our respective rights relative to that information. Please review the Privacy Policy before you use the Site. If you are unwilling to accept the terms and conditions of the Privacy Policy, please do not use the Site.

Other Policies

Your use of the Site is also subject to the other policies, disclaimers and guidelines we post on the Site from time to time.

Your License to Access Content on the Site

You are hereby granted a nonexclusive, nontransferable, revocable, limited license to view, reproduce, print, cache, store and distribute content retrieved from the Site via a generally available consumer web browser, provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, 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 Services or remove or obscure the copyright notice or other notices displayed on the content. Except as provided in the "Ownership of this Site" section above, you may not reproduce, print, cache, store or distribute content retrieved from the Site in any way, for any commercial use without the prior written permission of IAC or the copyright holder identified in the relevant copyright notice.

You agree not to modify the Services in any manner or form, or to use modified versions of the Services, including (without limitation) for the purpose of obtaining unauthorized access to the Services or portions of the Services. You agree not to access the Services by any means other than through the interface that is provided by IAC for use in accessing the Services.

Except as expressly provided in this Agreement, nothing contained in this Agreement or on the Site shall be construed as conferring any other license or right, expressly, by implication, by estoppel or otherwise, with respect to any of IAC's content or any third party's content. Any rights not expressly granted herein are reserved.

If you choose to forward content from the Site via email through our Services to the extent that we offer such a capability, you agree that you will only forward such content to willing recipients known to you and that you will not use the Services for engaging in spam or other unauthorized conduct.

No Automated Querying

You may not send automated queries of any sort to the Site without express permission in advance from IAC. Note that "sending automated queries" includes, among other things:

using any software which sends queries to the Site to determine how a website or webpage "ranks" for various queries;
"meta-searching"; and
performing "offline" searches on any IAC web site

You agree not to use the Site to:

Harm or threaten to harm IAC or users in any way, including by using information you find here to compete against IAC;
Impersonate any person or entity (including IAC or its agent), or falsely state or otherwise misrepresent your affiliation with a person or entity;
Disseminate or transmit any content that infringes or violates any party's copyright, trademark, trade secret, patent or other proprietary right, including, but not limited to, using third party copyrighted materials, without appropriate permission, using third party trademarks without appropriate permission or attribution, or using or distributing third party information (whether or not protected as a trade secret) in violation of a duty of confidentiality;
Disseminate or transmit any worms, viruses or other harmful, disruptive or destructive files, code or programs;
Violate any law (whether local, state, national, or international), whether or not intentionally;
Forge Internet protocol headers or otherwise manipulate identifying information in order to disguise your identity;
Provide fraudulent, inaccurate, or incomplete information to IAC, including in applications for employment;
Interfere with or disrupt the Services, the Site, or servers or networks connected to the Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site;
Collect or store personal data about other users;
Engage in any activities that would violate the personal privacy rights of others, including but not limited to, collecting and distributing information about Internet users without their permission, except as permitted by applicable law; or
Post or cause to be uploaded to IAC's computer servers or network any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.

Site with Registration

The Site may enable users to register to obtain certain Services. Registration is initially available to anyone of requisite age and citizenship and is limited to one registration per user. By registering for these services, you agree to: (a) provide true, accurate, current and complete information about yourself as requested by the IAC registration form (the "Registration Information"); and (b) maintain and update the Registration Information to keep it true, accurate, current and complete.

In addition to other grounds for suspension or termination of your use of the Services, if you provide any information that is untrue, inaccurate, not current or incomplete, or if IAC has reasonable grounds to suspect that information you have provided is untrue, inaccurate, not current or incomplete, IAC has the right to suspend or terminate your access and refuse you any and all use of the Site.

Investment Updates

The Site provides users the ability to obtain email alerts about certain corporate activities or events. This feature is provided as a convenience to users of the Site, but IAC does not guarantee the completeness of the emailed information provided through this service, nor does it guarantee that all material information that the company discloses will be provided via this service. If you are an investor, you are advised to rely on formal SEC and other public disclosures made by IAC, not on company information distributed via the email service or the Site.

Passwords and Security

Access to certain Services require you to choose a user name (or nickname) and password. If you do so, you are responsible for maintaining the confidentiality of your password and account and for logging out of your account at the end of each session. In selecting a user name, you agree that you will not (i) select or use a user name of another person with the intent to impersonate that person; (ii) use a name subject to the rights of any person without their authorization; or (iii) use a user name that is offensive to people of ordinary sensitivities, illegal, or infringing. You are fully responsible for all activities that occur under your password or account, including any charges incurred or damages caused to you, IAC, or any other party. You agree to ensure that you exit from your account at the end of each session. In addition, if you become aware that your account security has been compromised or that your user name or password have been obtained by a third party, you agree to notify IAC immediately of the security breach so that IAC can investigate the breach, terminate your account, or take other appropriate action. Even if you notify IAC of unauthorized access, you agree that IAC will not be obligated to take any particular action in response to your notification, and that the risk of loss associated with uses of your account remains with you even if you notify IAC of the unauthorized access. You agree that IAC will not be liable for any loss or damage arising from your failure to comply with this section.

Links to Other Web Sites

The Site includes links to other World Wide Web sites. Because IAC has no control over such sites, you acknowledge and agree that IAC 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 IAC shall not be responsible or liable, directly or indirectly, for any damage or loss 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. Finally, you acknowledge that such external sites usually have their own terms and conditions, including privacy policies, over which IAC has no control and which will govern your rights and obligations with respect to the use of those Web sites.

Your Contact With Advertisers Or Third Party Vendors

Except as otherwise expressly agreed by IAC, your dealings with advertisers and third party vendors found on or through the Services, including your participation in promotions, creating resumes, the purchase of goods, and any terms, conditions, warranties or representations associated with such activities, are solely between the third party and you. IAC does not make any representations or warranties of any kind with respect to any content, goods, services, information, other materials or web sites that may be obtained from such third parties, and you agree that IAC will have no liability for any loss or damage of any kind incurred as a result of any activities you undertake in connection with the use of or reliance on such content, goods, services, information, other materials or web sites available, or through such third parties, on the Site. You acknowledge that such external sites usually have their own terms and conditions, including privacy policies, over which IAC has no control and which will govern your rights and obligations with respect to the use of those Web sites.

Compliance with Laws

You agree to comply with all applicable laws regarding your use of the Site, including, without limitation, all applicable laws (as well as associated licenses and approvals) regarding the transmission of technical data exported from the United States or the country in which you reside.

Modifications To Services

IAC reserves the right at any time and from time to time to modify, suspend, discontinue or terminate the Services (or any part thereof) with or without notice for any reason, and IAC does not warrant that any portion of the Services will continue to be available in the future. You agree that IAC will not be liable to you or to any third party for any modification, suspension, discontinuation or termination of the Services.

As described above, IAC advises you not to rely solely on investment material you obtain through the Site. To the extent legally required, IAC will provide investment information through SEC filings and other formal disclosures, and you are advised to rely on those disclosures, and not information provided on the Site, to the extent that they are inconsistent or if IAC no longer provides the information you seek via the Site.

Termination of Your Access to Services

You agree that IAC, in its sole discretion, may terminate your access to any of the Services, and/or remove, discard or modify any Postings or content within the Services, for any reason, including, without limitation, for lack of use or if IAC believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. You agree that any termination of your access to the Services may be effected without prior notice, and acknowledge and agree that IAC may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services. If you use the Site in violation of this Agreement, IAC may, in its sole discretion, retain all data collected from your use of the Site. Further, you agree that IAC shall not be liable to you or any third party for the discontinuation or termination of your access to the Services, or collection of information notwithstanding in the case of your violation of this Agreement, even if advised of a claim for damages. If IAC terminates your license to access the Services, your obligations under this Agreement, including, without limitation, your obligation to indemnify and hold IAC harmless and your agreement that any claims you have against IAC will be barred after one year from the date they accrue, will survive such termination.

Information Disclaimer and Disclaimer of Warranties

BY USING THE SERVICES, YOU UNDERSTAND AND AGREE THAT:

NO CONTENT ON OUR SITES IS INTENDED TO CONSTITUTE PROFESSIONAL ADVICE, WHETHER MEDICAL, FINANCIAL, LEGAL OR OTHERWISE. IAC AND THOSE POSTING OR OTHERWISE PROVIDING INFORMATION, SERVICES OR MATERIAL ON OUR SITES ARE NOT RESPONSIBLE OR LIABLE FOR ANY CONSEQUENCES RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, SERVICES OR OTHER MATERIAL ON OUR SITES.
NEITHER HISTORIC STOCK PRICES NOR OTHER INFORMATION CONTAINED IN IAC'S INVESTMENT DISCLOSURES ARE AN INDICATION OF FUTURE PERFORMANCE.
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. IAC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT.
IAC MAKES NO REPRESENTATION OR WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, CURRENT OR ERROR-FREE, THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE, TIMELY, USEFUL OR RELIABLE, OR THAT THE QUALITY OF ANY POSTINGS, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH SERVICES WILL MEET YOUR NEEDS.
ANY MATERIAL OBTAINED THROUGH THE USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO COMPUTER SYSTEMS OR FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SITE OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THEIR TERMS.

Limitation Of Liability

YOU UNDERSTAND AND AGREE THAT IAC IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, HOWEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE, GROSS NEGLIGENCE, AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM: (1) THE USE OF, OR THE INABILITY TO USE, THE SERVICES, (2) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, GOODS OR AND WEB SITES, (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (4) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SITES, (5) RELIANCE ON CONTENT OR POSTINGS ON OUR SITES, OR (6) ANY OTHER MATTER RELATING TO THE SITE OR THE SERVICES. THESE LIMITATIONS WILL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. EXCEPT AS REQUIRED BY THE INDEMNITY PROVISIONS HEREIN, IN NO EVENT WILL IAC'S DIRECT LIABILITY HEREUNDER EXCEED $100.00.

Indemnification of IAC

To the extent permitted by law, you agree to defend, indemnify and hold IAC, its subsidiaries and affiliates, and its and their officers, directors, employees and agents harmless from and against any and all liability, losses, claims, demands, disputes, damages or costs of any kind, including, without limitation, reasonable attorneys' fees and costs of litigation, resulting from or in any way connected with (a) your use of or reliance on the Services, (b) your connection to the Site, (c) your violation or alleged violation of this Agreement, or (d) your violation of any rights of another party.

Copyright and Trademark Notices

The Site is owned and operated by IAC. Unless otherwise noted, all design and content included on the Site, including text, graphics, logos, icons, images, artwork, audio and video clips and software is the property of IAC (or is used under license to IAC) and is protected by United States and international copyright laws.

The IAC logo and other marks indicated on IAC's Site are trademarks and/or service marks of IAC. Other graphics, logos, headers, icons, scripts and service names are also trademarks or trade dress of IAC. IAC's trademarks, service marks and trade dress may not be used in connection with any product or service that is not IAC's, in any manner that is likely to cause confusion of customers or potential customers, or in any manner that harms or discredits IAC. You agree that if you elect to download IAC's logo(s) from the Site or otherwise, your usage of such logo(s) will comply with the Logo Usage Guidelines.

No Other Agreements or Relationship Between Us

With the exception of IAC's Privacy Policy, which is incorporated within this Agreement by reference, this Agreement constitutes the entire agreement between you and IAC for governing your use of the Site and Services and supersedes any prior agreements between you and IAC for that purpose, including any membership agreements or other similar agreements applying to the Site or the Services.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and IAC as a result of this Agreement or your access to and use of the Services.

Law Applicable to Interpretations and Disputes

This Agreement and the legal relations thus created between IAC and you (including, without limitation, any dispute between IAC and you arising out of or related to this Agreement) shall be governed by and construed under and in accordance with the internal laws of the State of New York without reference to its principles of conflicts of laws. Any such dispute will be heard and determined at IAC's discretion in the appropriate federal court located in the State of New York in the County of New York or the appropriate New York state court located in the County of New York, and you submit yourself and your property to the non-exclusive jurisdiction of the foregoing courts with respect to such disputes. You acknowledge that IAC is headquartered in New York City and for that and other reasons this Agreement and the undertakings of the parties hereunder bear a reasonable relation to the State of New York. You (i) waive to the fullest extent permitted by law any objection which you may now or hereafter have to the courts referred to above on the grounds of inconvenient forum or otherwise as regards any dispute between IAC and you arising out of or related to this Agreement, (ii) waive to the fullest extent permitted by law any objection which you may now or hereafter have to the laying of venue in the courts referred to above as regards any dispute between IAC and you arising out of or related to this Agreement and (iii) agree that a judgment or order of any court referred to above in connection with any dispute between IAC and you arising out of or related to this Agreement is conclusive and binding on you and may be enforced against you in the courts of any other jurisdiction.

Severability of This Agreement

If any provision of this Agreement is found by a court or other binding authority to be invalid, you agree that the invalidated provision shall be deemed replaced by an enforceable provision that most closely gives effect to the parties' intentions as reflected in the invalidated provision, and the remaining provisions contained in this Agreement shall continue in full force and effect.

Limitation of Actions Brought Against IAC

You agree that any claim or action by you arising out of your use of the Site or this Agreement must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, you agree that any failure by IAC to enforce or exercise any provision of this Agreement or related right, or to object to your breach of the Agreement, shall not constitute a waiver of that right or provision. Similarly, you agree that no statement, action, or inaction of IAC, even if you allege that such statement, action, or inaction is inconsistent with this Agreement, will be deemed a waiver or constructive amendment of this Agreement.

Contact Information

If you have any questions or concerns with respect to this Agreement or the Site, you may contact a representative of IAC by clicking here or by mail at:
IAC, 555 W. 18th St., New York, NY 10011 Attention: Legal Department
Effective date: August 5, 2008