This page contains the User Agreement (“Agreement”) between you and BrokerComplaints.com (“BrokerComplaints Sites”), the publisher of this Broker Complaints Web site (the “Site”). The term “Site” as it is used in this Agreement includes any associated online and mobile websites, applications and digital tools that provide an authorized link to this Agreement (“Mobile Services”).
In this Agreement, “you” and “your” refer to each user of the Site.
This Agreement sets forth the terms and conditions for your use of the Site. By using the Site, you are agreeing to these terms and conditions. Please read them carefully.
ACPA LAW AND ITS APPLICATION ON THIS WEBSITE
It is simply not reasonable to conclude that someone viewing this website would be confused as to the source, sponsorship, affiliation, or endorsement of this site. ACPA cannot simply be used as a weapon to censor consumer discourse concerning (dis)satisfaction with investment brokers and firms. Investors’ feedback on the Internet, including griping, ratings, and reputations, has empowered other investors with information enabling them to make a more informed investment. Ref: Cleary Building Corp, V. David A. Dame, Inc., Civil Action No. 09-cv-01578-CMA-MEH. (DCo Dec. 1, 2009).
The reason why we specifically select the domain name is to make this site more easily found by potential investors who are interested in the aforesaid investor or his/her firm.
In case you are planning to initiate an ACPA or a UDRP proceeding, here are some facts for your consideration –
- we have no intention of selling, renting or profiting from this domain name,
- there is no scope for any monetization or affiliation on this website,
- there is no scope for any actual confusion as for the purpose of this website,
- appropriate disclaimers and alerts make our intentions abundantly clear.
Basically, there is no bad faith intent of profiting from this domain and website, and the sole purpose is to establish a platform to enable investors to collaborate and communicate with each other and share resources and information.
Courts have said that using a company’s trademark to direct criticism to that company is not the same as using the trademark with a bad faith intent to profit under the Anti-Cyberquatting Protection Act. Offering criticism and review is actually in line with the ACPA’s consumer protection …
TERMS OF SERVICE
The information on BrokerComplaints Sites is general in nature, does not address the circumstances of any particular individual and is not intended as a substitute for personalized investment, financial, tax and legal advice. BrokerComplaints.com is not a fiduciary by virtue of any person’s use of or access to the information on the BrokerComplaints Sites. You assume the sole responsibility of evaluating the merits and risks associated with the use of any information on any of the BrokerComplaints Sites.
BrokerComplaints makes no representation as to the accuracy of the information and assumes no liability for any damages or loss arising from the use thereof. All information is provided “as is” without warranty of any kind. BrokerComplaints hereby disclaim all warranties and conditions with regard to the information.
The BrokerComplaints Sites may contain inaccuracies or typographical errors. Changes are periodically made to the Content on the website(s). BrokerComplaints may make improvements, modifications and/or changes to the Services at any time without notice.
The Services may contain bulletin board services, forums, communities, complaint forms, comment forms, service rating forms and/or other message or communication facilities designed to enable you to communicate with others (“Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service.
Without limitation, you agree that you will NOT:
- Use this site if you are under the age of 16.
- Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent, shocking or unlawful topic, name, image, material or information.
- Make any statement that is false, dishonest, or otherwise not accurate.
- Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
- Harvest or otherwise collect information about others, including e-mail addresses.
- Violate any applicable laws or regulations.
- Create a false identity for the purpose of misleading others.
By posting, uploading, inputting, providing or submitting any Submission of any kind, you are granting BrokerComplaints a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use your Submission in connection with the operation of their Web properties (including, without limitation, all BrokerComplaints Sites), including, without limitation, the license rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights to any supplier of the Services.
Hypertext links on BrokerComplaints sites enable you to leave the BrokerComplaints Website. BrokerComplaints is not responsible for the contents of any linked sites for any links contained in any such linked site nor for changes, updates and modifications in such sites. The links are provided to you only as a convenience and the inclusion of any such link does not imply endorsement by BrokerComplaints of the site, its contents, services and policies.
No Unlawful or Prohibited Use
You will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, notices or applicable laws and statutes. You may not use the Services in any manner that could damage, disable, overburden, or impair any BrokerComplaints server, or the network(s) connected to any BrokerComplaints server, or interfere with any other party’s use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any BrokerComplaints server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.
We at BrokerComplaints.com are absolutely committed to protecting the privacy and security of the users of our sites.
This policy applies to your use of all of the sites and services owned or operated by BrokerComplaints.com, BrokerComplaints, and affiliated companies (collectively “BrokerComplaints” or “we,” *us,” or our’), including any other site that we may own or operate currently or in the future (collectively, the “BrokerComplaints Sites”). Unless we say otherwise, all references to the BrokerComplaints Sites in this policy include all such sites. This policy does not apply to your use of unaffiliated sites to which any of the BrokerComplaints Sites may link.
Personal Identification Information
Most of the information on this website is kept in a database which contains posts, registration info, survey/poll results, private conversations, logged IPs etc. All this information contained within the database belongs to BrokerComplaints, and it can be accessible by site administration whenever it is absolutely required.
We will never intentionally disclose any personal identification information about you as an individual user (such as, for example, your full name, street address, telephone number, credit card number or e-mail address) to any third party without having received your permission. In all of these cases, we will collect personal identification information from you only if you voluntarily submit such information to us.
If you do provide us with personal information, we may use it to conduct the activities described above. If you identify yourself to us by sending us an e-mail with questions or comments, we may use your personal information to respond to your questions or comments. We may file your comments for future reference, or we may discard the information after we have reviewed it.
If you give us your permission, we may also use personal identification information for email communication purposes, specifically, our newsletters. On occasion, for example, we may send you e-mails to introduce a feature or update that we think might be of interest to the users of our sites.
We have the following exceptions to these policies: We will release specific information about you or your account to comply with any valid legal process such as a search warrant, subpoena, statute or court order. We will not release information under empty threats without the required legal paperwork and due evidence that a crime has been committed. We will also release specific information in special cases, such as if there is an attempted breach of the security of the BrokerComplaints Sites.
Please note that if you give out personal information online — for example, through a consumer complaint or comment — that information can be collected and used by third parties. Although we strive to protect our users’ privacy, we cannot guarantee the security of the information you post in these forums or on the site(s) in general. You disclose such information at your own risk.
Non-Personal Identification Information And The Use Of Cookie Technology
Cookies are small text files which are set by us on your computer which allow us to provide certain functionality on our site, such as being able to log in, or remembering certain preferences.
We collect non-personal identification information through the use of “cookie” technology and/or IP address tracking. Non-personal identification information might include the browser you use, the type of computer, the operating systems, the Internet service providers and other similar information. Our system also automatically gathers information about the areas you visit on our sites and about the links you may select from within our site to other areas of the World Wide Web or elsewhere online.
We use such information in the aggregate to understand how our users as a group use the services and resources provided on our sites. This way we know which areas of our sites are favorites of our users, which areas need improvement, and what technologies are being used so that we may continually improve our sites.
We may share this aggregate statistical information with our partners, service providers and other third parties, but we will not share any individual names, addresses, telephone numbers, payment information, personal navigational or other personal information.
Protecting your privacy and your information is a top priority. We have taken careful measures to secure both your information and our physical premises. We exercise great care in providing secure transmission of your information from your PC to our servers. Our secure server software encrypts information, ensuring that all Internet transactions remain private (unless sent by an unsecured means, such as e-mail).
Your Acceptance of These Terms