FloatCharts.com
Privacy Policy and User Agreement
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General Disclaimer, General
Disclosure and User Agreement
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PRIVACY
POLICY
FloatCharts.com,
L.L.C. respects the privacy of the
users who visit and join our service.
In accordance with this, we have
created this policy in order to
demonstrate our privacy commitment to
our users:
We
share names and email addresses with
NO ONE.
We
will not distribute information that
identifies you individually or reveals
your identity unless you give your
prior approval in response to a
request made by FloatCharts.com, L.L.C..
We may collect and use information
about you and your use of
FloatCharts.com, L.L.C. for our own
internal purposes such as, for
example, analyzing usage of
FloatCharts.com, L.L.C. in order to
improve the service. We may distribute
information about you and your use of
FloatCharts.com, L.L.C., but only in
forms that do not identify you
individually or reveal your identity.
FloatCharts.com L.L.C. reserves the
right to use, for promotional
purposes, any correspondences
received, in part or in whole,
including the use of the sender’s
name. You have a continuous option to
decide whether you wish to continue to
receive FloatCharts.com, L.L.C.
e-mails or not.
In
order to provide our users with a more
complete understanding of how the
FloatCharts.com, L.L.C. web site
collects and uses information from our
users, we have provided the following
information:
Information
Collection
The
FloatCharts.com, L.L.C. web site's
registration form asks users to enter
contact information (like their e-mail
address), general information (like
their city and state), and demographic
information (like their zip code, age,
or income level). The contact
information is used to send users
daily e-mail updates on the
information they have requested. Users
may opt out of receiving future free
e-mail updates at any time.
COOKIES
The
FloatCharts.com, L.L.C. web site uses
files called "cookies" to
store user identification and other
user preferences so that the users
don't have to re-enter this
information each time they use
FloatCharts.com. Both session and
persistent cookies are used to
accomplish this.
GENERAL
DISCLAIMER
Be
advised that the FloatCharts.com,
L.L.C. is NOT a registered investment
advisor or a broker dealer.
FloatCharts.com, L.L.C. takes no
responsibility whatsoever for the
outcome of buying and selling of
stocks by subscribers that are
mentioned herein. FloatCharts.com,
L.L.C. will in no way be liable for
repercussions resulting from actions
of subscribers. Trading stocks
mentioned in the FloatCharts.com
'Stock Alert' Newsletter may be
extremely risky and should not be done
without serious independent study.
Buying and selling stocks involves
risk in which there are no guarantees
of making a profit, rather, there is a
substantial risk of monetary and/or
emotional loss.
GENERAL
DISCLOSURE
All
of the trading ideas found in the
FloatCharts.com 'Stock Alert'
Newsletter are solely the opinion of
Steve Woods, Director of
FloatCharts.com, L.L.C.. Steve Woods,
Director of FloatCharts.com, L.L.C.
may or may not be holding positions in
the stocks mentioned in this
newsletter. In most cases, Steve will
not be holding positions in the stocks
mentioned in this newsletter due to
conflict of interest concerns raised
by the Securities and Exchange
Commission.
If he is holding a position, he
will inform his subscribers of that
fact by stating the date, price and
whether he went long or short. He will
never buy or sell a stock for the
purpose of pumping it up and dumping
it on unsuspecting clients.
FloatCharts.com,
L.L.C. is NOT in contact with any of
the company's mentioned in its
newsletter.
USER
AGREEMENT
In
addition, FloatCharts.com, L.L.C. does
not warrant, represent or endorse the
accuracy or reliability of any of the
information, content, advertisements,
or Third Party Sites and Content (as
defined below) (collectively, the
"Materials") contained on,
distributed through, or linked,
downloaded or accessed from
FloatCharts.com, L.L.C., nor the
quality of any products, information,
or other materials displayed,
purchased, or obtained by you as a
result of an advertisement or any
other information or offer on or in
connection with FloatCharts.com, L.L.C..
You acknowledge that any use of or
reliance upon any Materials shall be
at your sole risk. FloatCharts.com,
L.L.C. reserves the right, in its sole
discretion and without any obligation,
to make modifications to any portion
of FloatCharts.com, L.L.C. at any
time.
You
acknowledge and agree that you bear
full responsibility for your own
investment research and investment
decisions, and that FloatCharts.com,
L.L.C. shall not be held liable by you
or any others for any decision made or
action taken by you or others based
upon reliance on or use of information
or materials obtained or accessed
through use of FloatCharts.com, L.L.C..
Prior to any transaction in
securities, you should consult with a
qualified professional securities or
financial advisor.
1.
Agreement and General Terms of Use
1.1
This Agreement and General Terms of
Use constitutes the agreement between
FloatCharts.com, L.L.C. and you as a
user who receives the FloatCharts.com,
L.L.C. 'Stock Alert' Newsletter and/or
other services based on the
FloatCharts.com, L.L.C. service
(collectively, the
"Service"), which are owned
and controlled by FloatCharts.com,
L.L.C..
1.2
In consideration of FloatCharts.com,
L.L.C. providing you the Service, you
agree to abide by all of the
provisions in this Agreement in order
to remain an authorized user of the
Service, and your use of the Service
constitutes your agreement to abide by
these provisions. You are solely
responsible for your use of the
Service and for ensuring that such use
complies fully with the provisions of
this Agreement.
1.3
FloatCharts.com, L.L.C. reserves the
right, in its sole discretion, to
change any or all of the provisions of
this Agreement at any time.
FloatCharts.com, L.L.C. will notify
users of any changes by posting them
on the Service or through other
reasonable means of providing notice.
Any changes to this Agreement will be
effective immediately upon notice to
you. Your use of the Service after
notice of changes to this Agreement
have been made will be deemed your
acceptance of the changes.
1.4
FloatCharts.com, L.L.C. reserves the
right, in its sole discretion, to
change, limit, or discontinue any
aspect, content, or feature of the
Service, as well as any aspect
pertaining to the use of the Service.
FloatCharts.com, L.L.C. further
reserves the right, in its sole
discretion, to restrict the use of the
Service as well as suspend or revoke
your rights to use the Service based
on FloatCharts.com, L.L.C.' belief
that your use of the Service violates
that permitted by this Agreement or
applicable law.
1.5
If you do not agree to the provisions
of this Agreement or are not satisfied
with the Service, your sole and
exclusive remedy is to discontinue
your use of the Service.
2.
Rights in Service Content and the
Service
2.1
All content provided by
FloatCharts.com, L.L.C. on the Service
is protected by copyright, trademark,
and other applicable intellectual
property and proprietary rights laws
and is owned, controlled, and/or
licensed by FloatCharts.com, L.L.C. or
its parents. The Service is protected
by copyright, patent, trademark, and
other applicable intellectual property
and proprietary rights laws and is
owned, controlled, and/or licensed by
FloatCharts.com, L.L.C. or its
parents. FloatCharts is a trademark
of, and FloatCharts.com is a
registered trademark of,
FloatCharts.com, L.L.C., Inc. or its
parents. All other trademarks
appearing on the Service are the
property of their respective owners.
2.2
Content Provided by FloatCharts.com,
L.L.C.. You may print content provided
by FloatCharts.com, L.L.C. from the
Service for your personal or internal
business use, and shall make no other
use of such content without the
express written permission of
FloatCharts.com, L.L.C.. You will not
make any changes to any such content
that you are permitted to use under
this Agreement, and in particular you
will not delete or alter any
proprietary rights or attribution
notices in any content. You agree that
you do not acquire any ownership
rights in any such content that you
use. You further agree that all rights
in the Service and any of the content
found on the Service not granted to
you under this Agreement are expressly
reserved to FloatCharts.com, L.L.C.
3.
User Activities and Privacy of User
Information on the Service
3.1
You will use the Service and any
content, material, or information
found on the Service solely for lawful
purposes. You shall not upload to,
distribute to, or otherwise
disseminate through the Service any
material or information of any kind
that is libelous, defamatory, obscene,
pornographic, abusive, or otherwise
violates any law or infringes or
violates any rights of any other
person or entity, or contains a
solicitation of funds, advertising, or
a solicitation for goods or services.
3.2
FloatCharts.com, L.L.C. reserves the
right to collect and use data about
you and your use of the Service for
its own internal purposes such as, for
example, but not limited to performing
statistical analyses to assist us in
improving the Service
3.4
Payment. We charge fees for use of the
Services and products and services
made available through the Site, and
may change these fees from time to
time.
You agree to pay all costs
(including attorneys' fees and
expenses) incurred in collecting
overdue fees from you. You also agree
to pay any fees that may be assessed
in connection with any products,
services, or information ordered by
you and any related taxes. You
represent that you are the owner,
holder and authorized user of the
credit card specified by you in the
FloatCharts.com, L.L. C. registration
form, and you authorize
FloatCharts.com, L.L.C. to charge your
credit card to pay for all
FloatCharts.com fees. You agree that
this authorization will remain in
effect until you revoke it in writing
to support@FloatCharts.com
stating your desire to cancel the
service. You also agree to make
payment according to the terms of your
credit card agreement. You also agree,
understand and accept the refund
policy of your Subscription fee in
case of cancellation.
3.5
Refund policy.
FloatCharts.com, L.L.C.
provides NO Refunds without previous
cancellation notification to support@FloatCharts.com
in writing stating your desire to
cancel the service. Failure to comply
will void this offer. FloatCharts.com,
L.L.C will unconditionally refund 100%
of the subscription fee paid on any
subscriptions cancelled within 30 days
of your initial subscription. You
agree, understand and accept it is
incumbent upon you (the subscriber) to
notify support@FloatCharts.com
in writing your desire to cancel the
service with this stated time period.
Failure to comply will void this
offer. FloatCharts.com, L.L.C provides
NO Refunds on Monthly subscriptions
with out previous cancellation
notification. Cancellation refunds on
Bi-Annual and Annual subscriptions
(with proper written cancellation
notification) beyond the initial 30
days will be calculated using the previous
price level of service on the
remaining balance at a pro-rated
monthly basis. The refund amount in no
event shall be greater than the
original amount paid. All calculated
refund amounts granted will be
completely at the discretion of
FloatCharts.com, L.L.C. and will be
final.
4.
Disclaimer of Warranties &
Limitation of Liability
4.1
You expressly agree that use of the
Service Content is at your sole risk.
Neither FloatCharts.com, L.L.C. nor
any of its parents, subsidiaries,
affiliates, employees, agents,
distributors, third party content
providers, or licensors (and their
respective directors, officers,
employees, and agents) warrant that
the Service will be uninterrupted or
error free or that they will be free
of viruses or other harmful
components, nor do they make any
warranty as to the results that may be
obtained from the use of the Service
or Content or as to the accuracy,
reliability, completeness, or contents
of any content, information, material,
postings, or posting responses found
on or as a result of your use of the
Service or the Third Party Sites and
Content, any merchandise or services
provided through the Service or the
Third Party Sites and Content, or any
links to other sites or services made
available on the Service or the Third
Party Sites and Content.
4.2
The service and content, material,
information, postings, or posting
responses found on the service and
content are provided on an "as
is" basis without warranties of
any kind, either express or implied,
including, but not limited to
warranties of title or implied
warranties of merchantability or
fitness for a particular purpose.
4.3
Under no circumstances, including, but
not limited to, negligence, shall
FloatCharts.com, L.L.C. (or any of its
parents, subsidiaries, affiliates,
employees, agents, distributors, third
party content providers, or licensors
(and their respective directors,
officers, employees, and agents)), be
liable for any indirect, incidental,
special or consequential damages that
result from the use of, or the
inability to use, any content,
information, material, postings, or
posting responses on the Service or
the Third Party Sites and Content, the
Service, or the Third Party Sites and
Content. These limitations apply
regardless of whether the party liable
or allegedly liable was advised, had
other reason to know, or in fact knew
of the possibility of such damages.
You specifically acknowledge and agree
that FloatCharts.com, L.L.C. (and any
of its parents, subsidiaries,
affiliates, employees, agents,
distributors, third party content
providers, or licensors (and their
respective directors, officers,
employees, and agents)), is not liable
for any defamatory, offensive or
illegal conduct of any user, including
you. In no event shall the total
liability of FloatCharts.com, L.L.C.
(or any of its parents, subsidiaries,
affiliates, employees, agents,
distributors, third party content
providers, or licensors (and their
respective directors, officers,
employees, and agents)) to you exceed
the amount paid by you to
FloatCharts.com, L.L.C. during the
twelve (12) months prior to any claim
of injury or damage.
4.4
The General Disclaimer above is
expressly incorporated by reference
into and made a part of this
Agreement.
5.
Indemnification
To
the maximum extent permitted by
applicable law, you will defend,
indemnify and hold harmless
FloatCharts.com, L.L.C. (and any of
its parents, subsidiaries, affiliates,
employees, agents, distributors, third
party content providers, or licensors
(and their respective directors,
officers, employees, and agents)) from
and against all claims, liability, and
expenses, including attorneys' fees
and legal fees and costs, arising out
of your use of the Service or your
breach of any provision of this
Agreement. FloatCharts.com, L.L.C.
reserves the right, in its sole
discretion and at its own expense, to
assume the exclusive defense and
control of any matter otherwise
subject to indemnification by you. You
will cooperate as fully as reasonably
required in the defense of any claim.
6.
Notices between Us
You
may contact us by sending electronic
mail to support@FloatCharts.com We
will contact you by sending electronic
mail to the address you provide to us,
or by posting a notice on the Service.
7.
Termination
FloatCharts.com,
L.L.C. reserves the right to terminate
service to any subscriber for any
breach of this agreement as a matter
of convenience.
8.
Law Governing Performance and Disputes
This
Agreement, your performance under it,
and any disputes arising under it
shall be governed exclusively by the
laws of the United States of America
and the State of New Hampshire,
without giving effect to their
conflict of laws principles. You
expressly consent to the exclusive
forum, jurisdiction, and venue of the
Courts of the State of New Hampshire
and the United States District Court
for the State of New Hampshire in any
and all actions, disputes, or
controversies relating to this
Agreement.
9.
General Terms This Agreement and any
rules posted on the Service by
FloatCharts.com, L.L.C. constitute the
entire agreement of the parties with
respect to the subject matter hereof.
No waiver by either FloatCharts.com,
L.L.C. or you of any breach or default
under this Agreement shall be deemed
to be a waiver of any preceding or
subsequent breach or default. This
Agreement shall be binding upon and
inure to the benefit of
FloatCharts.com, L.L.C. and its
successors, trustees, and permitted
assigns FloatCharts.com, L.L.C. may
assign this Agreement, or any of its
rights or obligations under this
Agreement, with or without notice to
you. Any such assignment by
FloatCharts.com, L.L.C. does not
relieve you of your obligations under
this Agreement.
FloatCharts.com,
L.L.C., Copyright © 2004-2005 All
rights reserved. Disclaimer, Terms and
Conditions & Privacy Policy
