The Formation Seeker (sometimes referred to as the "Software" ) and FormationSeeker LLC. (sometimes referred to as the "Service"), are not engaged in rendering legal, accounting, or other professional service.
If legal advice or other expert assistance is required, the services of a competent professional person should be sought. This Software and/or Service is for educational purposes solely. FormationSeeker LLC is not a registered investment advisor or a broker dealer. You understand and acknowledge that there is a very high degree of risk involved in trading securities. Past results published on this Software and/or Service are not indicative of future returns, and are not indicative of future returns which be realized by you. We assume no responsibility or liability for your trading and investment results. The indicators, strategies, techniques, articles and all other features of FormationSeeker LLC (collectively, the "Information") are provided for informational and educational purposes only and should not be construed as investment advice.
Terms and Conditions for Use of FormationSeeker LLC.:
Before becoming a Subscriber to FormationSeeker LLC (sometimes referred to as the "Service"), you must read and agree to the following terms and conditions of use (the "Terms and Conditions") which govern your use of this Software and/or Service and your relationship with FormationSeeker LLC and all individuals and companies associated with this Software and/or Service (collectively referred to as " FormationSeeker LLC " or "We"). If you do not agree to these Terms and Conditions, do not use the Software and/or Service. We may change the Terms and Conditions from time to time and at any time without notice to you, by posting such changes on this Software.
By using the Software and/or Service following any modifications to these Terms and Conditions, you accept and agree to be bound by any such modifications to the Terms and Conditions.
General Terms and Conditions:
By using FormationSeeker LLC, including any Software and/or Service and content contained therein, you agree that use of the Software and/or Service is entirely at your own risk. FormationSeeker LLC is not a registered investment advisor or a broker dealer. You understand and acknowledge that there is a very high degree of risk involved in trading securities. Past results published on this Software and/or Service are not indicative of future returns, and are not indicative of future returns which be realized by you.
We assume no responsibility or liability for your trading and investment results. The indicators, strategies, techniques, articles and all other features of FormationSeeker LLC (collectively, the "Information") are provided for informational and educational purposes only and should not be construed as investment advice. The analysts and employees or affiliates of FormationSeeker LLC may hold positions in the stocks or industries discussed here.
You should not rely solely on the Information in making any investment. Rather, you should use the Information only as a starting point for doing additional independent research in order to allow you to form your own opinion regarding investments.
Factual statements in this web page are made as of the date stated and are subject to change without notice. By using the Information from the Software and/or Service by FormationSeeker LLC, you assume full responsibility for any and all gains and losses, financial, emotional or otherwise, experienced, suffered or incurred by you.
FormationSeeker LLC does not guarantee the accuracy, completeness or timeliness of, or otherwise endorse in any way, the views, opinions or recommendations expressed in the Information, does not give investment advice, and does not advocate the purchase or sale of any security or investment by you or any other individual.
The Information is not intended to provide tax, legal or investment advice, which you should obtain from your professional advisor prior to making any investment of the type discussed in the Information. The Information does not constitute a solicitation by the information providers, the Software, the Service, FormationSeeker LLC or other of the purchase or sale of securities.
THE SOFTWARE AND/OR SERVICE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICE. SPECIFICALLY, FormationSeeker LLC DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: i. ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES; AND ii. (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 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, TORT, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. NEITHER HARMONICTRADER, L.L.C. NOR ANY OF ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS SHALL BE LIABLE TO YOU OR OTHER THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF SERVICE OR INABILITY TO GAIN ACCESS TO OR USE THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE RESPECTIVE LIABILITY OF FormationSeeker LLC, ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, AND CONTENT OR SERVICE PROVIDERS RESPECTIVE LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY SUCH STATE LAW.
FormationSeeker LLC, or one of its affiliates, is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing on the FormationSeeker LLC Software, and is the copyright owner or licensee of the content and/or information on the Software, unless otherwise indicated. FormationSeeker LLC does not grant to you a license to any content, features or materials you may access on this Software. You may not download or save a copy of any of the content or screens except as otherwise provided in these Terms and Conditions, for any purpose. You may, however, print a copy of the information on this Software and/or Service solely for your personal use or records.
If you make other use of the Software and/or Service, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any user of its trademarks, registered trademarks, service marks, other copyrightable material or any other intellectual property, by including them on this Software.
We reserve the right to change any information on this the Software and/or Service, including but not limited to revising and/or deleting features or other information without prior notice to you. Accessing certain links within this Software and/or Service may provide you with access to other the Software and/or Services for which we assume no responsibility of any kind for the content, availability or otherwise. (See "Links from and to FormationSeeker LLC " below.)
The content of this Software and/or Service may vary depending upon your browser functionality and limitations.
You acknowledge and agree that you must:
a.Provide for your own access to the World Wide Web and pay any service fees associated with such access, and b.Provide all equipment necessary for you to make such connection to the World Wide Web, including a computer, software, a modem and a working telephone line.
You agree not to resell or transfer the Service or use of or access to the Service. Payment Each Owner and/or Subscriber is responsible for the subscription fees and any charges incurred to access FormationSeeker LLC After you become a registered Owner and/or Subscriber , and after the initial subscription period of one month, six months or one year as the case may be, FormationSeeker LLC automatically charges your credit card for the amount selected by the Owner and/or Subscriber , and the Owner and/or Subscriber , agrees to pay for the Software and/or Service at all current subscription fee rates until you cancel your subscription through the subscription cancellation process in the Terms and Conditions of the Software and/or Service.
Each Owner and/or Subscriber agrees to all refund policy decisions made by FormationSeeker LLCwith respect to the Software and/or Service. All sales and refund policy information must be read and agreed to by each Owner and/or Subscriber .Third Party Provided Content: Stock quotes, charts and market update, portfolio tracking and historical information on FormationSeeker LLC and the Software and/or Service within are provided by Third Party data Provided Content:. Daily updates are subject to market fluctuations and are based on the latest quotes received from third-party data contributors and is subject to a delay. Market quotes and certain other information on this Software, as well as reference materials or links to other sites, are for general informational purposes only, and are not intended to be relied upon for transactional purposes.
Neither FormationSeeker LLC nor any of its data or content providers (including but not limited to FXCM) shall be liable for any errors or delays in the content, or for any actions taken in reliance thereon.
User Conduct On Software and/or Service and FormationSeeker LLC
While using the Software and/or Service, you may not:
1. Upload, post, publish, transmit, reproduce, or distribute in any way, information, Software and/or Service or other material obtained through the Service which is protected by copyright, or other proprietary or intellectual property right, or derivative works with respect thereto, without obtaining permission of the copyright owner or rightholder; or
2. Upload, post, publish, reproduce, transmit or distribute in any way any component of the Software and/or Service itself or derivative works with respect thereto, as the Software and/or Service is copyrighted as a collective work under U.S. copyright laws; or
3. Upload, post, publish or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute illegal activity, give rise to civil liability, or otherwise violate any local, state, national or foreign law, including without limitation the U.S. export laws and regulations; or
4. Upload, post, publish, transmit, reproduce, distribute or in any way exploit any information, Software and/or Service or other material obtained through the Software and/or Service for commercial purposes (other than as expressly permitted by the provider of such information, Software and/or Service or other material); or
5. Restrict or inhibit any other user from using and enjoying the Software and/or Service; or
6. Offer, sell or buy any security or other investment vehicle; or
7. Knowingly violate any laws, including without limitation the Securities Act of 1933 and Securities Exchange Act, or any rule of any securities exchange, including, without limitation, the New York Stock Exchange or the NASDAQ/AMEX.
8. Post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication (except as otherwise expressly permitted by FormationSeeker LLC) or engage in spamming or flooding; or
9. Impersonate any other person or entity, or misrepresent your affiliation with any other person or entity; or10. Post or transmit any information or Software and/or Service which contains a virus, trojan horse, worm or other harmful component.
We have no obligation to monitor the Software and/or Service. You acknowledge and agree, however, that we do retain the right to monitor the Software and/or Service and, subject to the limitations of the FormationSeeker LLC
We will not intentionally monitor or disclose any private electronic-mail message unless required by law. We reserve the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, inappropriate or in violation of these Terms and Conditions.
All information submitted to FormationSeeker LLC via this Software and/or Service shall be deemed and remain the property of FormationSeeker LLC, and we shall be free to use, for any purpose, any ideas, concepts, know-how or techniques contained in information any user of this Software and/or Service provides to FormationSeeker LLC through this Software. FormationSeeker LLC shall not be subject to any obligations of confidentiality regarding submitted information, except as agreed by the FormationSeeker LLC entity having the direct customer relationship or as otherwise specifically agreed or required by law.Links from and to FormationSeeker LLC
You acknowledge and agree that FormationSeeker LLC and any of its Software and/or Service co-branding providers have no responsibility for the accuracy or availability of information provided by linked Software and/or Service. Links to external Software and/or Services do not constitute an endorsement by FormationSeeker LLC or its Software and/or Service co-branding providers of the sponsors of such sites or the content, products, advertising or other materials presented on such sites.
The links on this Software and/or Service may provide you with access to other Software where the trading of securities is possible. You acknowledge and agree that we shall not be responsible or liable with regard to any trading which may be conducted on such linked trading sites or any other Software and/or Service, which may be linked to or from FormationSeeker LLC
You acknowledge that FormationSeeker LLC shall not be liable for any decision made or action taken by you or others based upon reliance on information or materials obtained through use of the Service. Prior to the execution of a securities trade, you should always consult with your broker or other financial representative to verify securities pricing information.
Information in the many web pages that are linked to FormationSeeker LLC comes from a variety of sources. Some of this information comes from official FormationSeeker LLC licensees, but much of it comes from unofficial or unaffiliated organizations and individuals, both internal and external to FormationSeeker LLC We do not author, edit, or monitor these unofficial pages or links. You acknowledge and agree that we are not 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 such external sites or resources.
We are taking reasonable and appropriate measures, [including encryption,] to ensure that your personal information is disclosed only to those specified by guarantee that the personal information you have entered will not be intercepted by others and decrypted.
If you wish to make purchases through the Software and/or Service, you may be asked by the merchant or information or service provider from whom you are making the purchase to supply certain information, including credit card or other payment mechanism information.
You agree not to hold FormationSeeker LLC liable for any loss or damage of any kind incurred as a result of any such dealings with any merchant or information or service provider through the Software and/or Service. You agree that all information you provide any merchant or information or service provider through the Software and/or Service for purposes of making purchases will be accurate, complete and current. The merchants and information and service providers offering merchandise, information and services through the Software and/or Service set their own prices and may change prices or institute new prices at any time.
You agree to pay all charges incurred by users of your account and credit card or other payment mechanism at the prices in effect when such charges are incurred. You also will be responsible for paying any applicable taxes relating to purchases through the Software and/or Service.
Failure to Comply With Terms and Conditions and Termination:
Subscription to this Software and/or Service may be terminated at any time, and without cause, by either FormationSeeker LLC or the Owner and/or Subscriber, upon notification by telephone or e-mail.You acknowledge and agree that we may terminate your password or account or deny you access to all or part of the Service without prior notice if you engage in any conduct or activities that we, in our sole discretion, believe violate any of these Terms and Conditions, violate the rights of FormationSeeker LLC, or is otherwise inappropriate for continued access.
You acknowledge and agree that we may, in our sole discretion, deny you access, through FormationSeeker LLC, to third party services, merchandise, materials or information on the Internet, and we shall have no responsibility to notify any third-party providers of services, merchandise or information nor any responsibility for any consequences resulting from lack of notification.
You agree to defend, indemnify and hold FormationSeeker LLC and its affiliates harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use of the Service or the placement or transmission of any message, information, Software and/or Service or other materials through the Software and/or Service by you or users of your account or related to any violation of these Terms and Conditions by you or users of your account.
The Terms and Conditions and the relationship between you and FormationSeeker LLC shall be governed by the laws of the State of Florida, without regard to its conflict of law provisions. You and FormationSeeker LLC each agrees to submit to the personal and exclusive jurisdiction of the courts located within the state of Florida.
The failure of FormationSeeker LLC to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions 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 Terms and Conditions remain in full force and effect.
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 Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.
From time to time, FormationSeeker LLC and/or its partners may wish to contact individual users regarding community news or to make promotional offers. However, such communications will only be delivered to users who have previously approved them.
Special Notification with respect to Children's Privacy (Users under the age of 13):
By signing up for FormationSeeker account you agree to receive email communication from us which may include marketing and promotion of upcoming events, important notices and information, for example holiday closures or new services requests for feedback on events, programmes, collections and services. FormationSeeker will only use your personal details to provide you with the information above and will not give your details to any other party.
FormationSeeker LLC gathers "site usage" information from all visitors to the FormationSeeker LLC Web sites. Such data is used in the aggregate, to help determine general usage patterns and fine tune layout in order to ensure that our sites are as useful and enjoyable as possible. This "site usage" and statistical information may be made public information at FormationSeeker LLC's discretion.
Please note that FormationSeeker LLC does not control all HTML served in conjunction with its sites. FormationSeeker LLC sites may include content from other parties that may perform user activity tracking other than that described herein. In particular, some of our partners may use "cookies" in ways that we do not. Individual User Information:
Individually identifiable information will not be released without that individual's prior consent. Visitors are specifically asked for individually identifiable information when signing up to use certain FormationSeeker LLC services, such as the Silicon Investor message boards, or the PlaySite membership option. In some instances, users may be asked for personal interest and demographic information in order to create a more customized user experience; however these fields will generally be optional.
In response to concerns about protecting children's privacy online, Congress enacted the Children's Online Privacy Protection Act of 1998 ("COPPA"), which sets forth rules and procedures governing the ways in which Web sites may collect, use and disclose any personal information for children under the age of 13. In accordance with FormationSeeker LLC policy and COPPA regulations, we DO NOT:
1. Request or knowingly collect personally identifiable online or offline contact information from users under 13 years of age;
2. Knowingly use or share personal information from users under 13 years of age with third parties;
3. Give children the ability to publicly post or otherwise distribute personally identifiable contact information;
4. Entice children with the prospect of a special game, prize or other activity to divulge more information than is needed to participate in the activity.
Questions regarding children's privacy should be directed to:
FormationSeeker LLC, Inc.
FormationSeeker LLC reserves the right to access and disclose individually identifiable information to comply with applicable laws and lawful government requests, to operate its systems properly or to protect itself or its users. Where practical, FormationSeeker LLC will attempt to obtain the prior consent of the individual prior to disclosing individually identifiable information. As mentioned above, we reserve the right to share aggregated "site usage" information with third parties.
©2015 FormationSeeker LLC including logos, copyrights and related marks are trademarks of 2015 FormationSeeker LLC. All rights reserved. All other trademarks are the property of their respective owners.