Terms of Use & Disclaimer |
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Use of this website constitutes acceptance of the Terms of Use & Disclaimer
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE. USING THIS WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS.
IF YOU DO NOT ACCEPT THESE TERMS ("TERMS"), DO NOT USE THIS WEBSITE.
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SEC Notification
The U.S. Securities and Exchange Commission (SEC) requires the
following legal notices:
Securities Analytics, Inc. (henceforth referred to as SAI) is an impersonal advisory service, and
therefore, no consideration can or is made toward your financial
circumstances. All material presented within
StockSpotter.com (henceforth referred to
as "Website") is not to be regarded as investment advice, but
for general informational purposes only. Trading stocks does involve
risk, so caution must always be utilized. We cannot guarantee
profits or freedom from loss. You assume the entire cost and risk of
any trading you choose to undertake. You are solely responsible for
making your own investment decisions. SAI
its owners, or its representatives are not registered as securities
broker-dealers or investment advisors either with the U.S.
Securities and Exchange Commission or with any state securities
regulatory authority. We suggest consulting with a registered
investment advisor, broker-dealer, or financial advisor. If you
choose to invest with or without seeking advice from such an advisor
or entity, then any consequences resulting from your investments are
your sole responsibility.
Hypothetical Performance Disclosure
PERFORMANCE RESULTS SHOWN ON THE WEBSITE ARE HYPOTHETICAL, NOT ACTUAL RESULTS. PERFORMANCE RESULTS ON THE WEBSITE DO NOT INCLUDE DEDUCTIONS FOR SLIPPAGE OR
COMMISSIONS AND MAKE NO ATTEMPT TO ACCOUNT FOR LIQUIDITY OR OTHER FACTORS WHICH MAY CONTRIBUTE TO THE ABILITY OR INABILITY TO EXECUTE A TRADE AT THE SPECIFIED MARKET PRICE.
NO ADJUSTMENTS HAVE BEEN MADE FOR ETF DISTRIBUTIONS.
HYPOTHETICAL PERFORMANCE RESULTS HAVE MANY INHERENT LIMITATIONS, SOME OF WHICH ARE DESCRIBED BELOW. NO REPRESENTATION IS BEING MADE THAT ANY ACCOUNT WILL OR IS LIKELY TO ACHIEVE PROFITS OR LOSSES SIMILAR TO THOSE SHOWN.
IN FACT, THERE ARE FREQUENTLY SHARP DIFFERENCES BETWEEN HYPOTHETICAL PERFORMANCE RESULTS AND THE ACTUAL RESULTS ACHIEVED BY ANY PARTICULAR TRADING PROGRAM.
ONE OF THE LIMITATIONS OF HYPOTHETICAL PERFORMANCE RESULTS IS THAT THEY ARE GENERALLY PREPARED WITH THE BENEFIT OF HINDSIGHT. IN ADDITION, HYPOTHETICAL TRADING DOES NOT INVOLVE FINANCIAL RISK, AND NO HYPOTHETICAL TRADING
RECORD CAN COMPLETELY ACCOUNT FOR THE IMPACT OF FINANCIAL RISK IN ACTUAL TRADING. FOR EXAMPLE, THE ABILITY TO WITHSTAND LOSSES OR TO ADHERE TO A PARTICULAR TRADING PROGRAM IN SPITE OF TRADING LOSSES ARE MATERIAL POINTS
WHICH CAN ALSO ADVERSELY AFFECT ACTUAL TRADING RESULTS. THERE ARE NUMEROUS OTHER FACTORS RELATED TO THE MARKETS IN GENERAL OR TO THE IMPLEMENTATION OF ANY SPECIFIC TRADING PROGRAM WHICH CANNOT BE FULLY ACCOUNTED FOR
IN THE PREPARATION OF HYPOTHETICAL PERFORMANCE RESULTS AND ALL OF WHICH CAN ADVERSELY AFFECT ACTUAL TRADING RESULTS.
Disclaimer
All information posted is believed to come from reliable sources.
SAI does not warrant the accuracy,
correctness, or completeness of information available from its
service and therefore will not be liable for any loss incurred. Due
to the electronic nature of the Internet, the Website, or its e-mail distribution services could
fail at any given time and for any length of time. SAI will not
be responsible for unavailability of use of its Website, nor
undelivered e-mails due to Internet bandwidth problems, equipment
failure, or acts of God. SAI its owners, or
its representatives may hold positions in the securities mentioned
at this Website at any time. However, in no way is SAI soliciting an offer to purchase securities mentioned
at this Website. There is no guarantee past performance will be
indicative of future results. No assurance can be given that you will
be able to execute the trading signals on the Website or that if executed, you
will be able to achieve an execution price at or near the quoted price.
No assurance can be given that the trading signals on the Website will be profitable
or will not be subject to losses.
No independent party has audited the hypothetical performance of this Web site, nor has any independent party undertaken
to confirm that it adheres to the assumptions or conditions specified hereafter.
We Are Not Liable To You
Neither SAI nor any employee, director, officer, affiliate or agent thereof,
will be liable to any Website subscriber, guest or anyone else for:
- any interruption, inaccuracy, error or omission, regardless of cause, in any information appearing on or furnished by
the Website or for any damages whatsoever allegedly caused thereby;
- any losses or damages whatsoever claimed to arise from investing or trading in securities appearing on the Website,
or in any email or other form of communication sent from the Website; or
- any damages alleged to arise from the use of any trading or investment strategy
described or contained in the Website or any email or other form of communication
sent from the Website.
We Make No Warranties
The information provided on
the Website is
for informational purposes to our subscribers and guests for their convenience and reference.
The information is obtained from sources believed by us to be reliable, but its accuracy and completeness
are not guaranteed. The information appearing on and distributed by
the Website is provided AS IS,
and neither SAI, nor any other person makes
any warranty as to its merchantability or fitness for any purpose whatsoever, nor makes any other express or implied warranties whatsoever concerning the information.
We're Not Investment Advisors
Neither the information appearing on the Website, nor in any email,
newsletter, or blog sent from the Website, is intended to provide tax, legal or investment advice, and you should not consider
it as such. Owning, selling, buying, holding and trading in securities involve risk, and
before doing so you may wish to consult with a broker, investment adviser or other appropriately
experienced professional in whom you place trust.
We're Not Soliciting
Neither SAI, nor any employee, director, officer, affiliate or
agent thereof is a broker, dealer or investment adviser, and no such person is acting
in any way to influence the purchase or sale of any security. Neither the information
appearing on nor any opinion expressed on the Website or in any email,
newsletter, or blog, either appearing on or sent from the Website constitutes a solicitation by any person for the
purchase, sale or holding of any securities.
We Trade in Our Own Accounts
SAI or their respective officers, directors,
employees, agents or affiliates, may own, buy, sell or trade for
their own accounts in securities appearing on any web pages, in emails or elsewhere on
the Website. Such persons may - but will not in any event be obligated to - inform you
of their trading activities, either before or after they occur. We certify that we have no a-priori knowledge
of any of the trading signals before they are made available to our subscription members.
Copyright Information
All content included on this site, such as text, graphics, logos, button
icons, images, audio clips, digital downloads, data compilations, and software,
is the property of SAI and protected by
United States and international copyright laws. The compilation of all content on
this site is the exclusive property of SAI and protected by U.S. and
international copyright laws. All software used on this site is the property of
SAI its software suppliers and protected by United States and international copyright laws.
Social Networking and Sharing
You may use the social networking "share" buttons to share content and links only on web pages where these buttons appear.
You may not share any Premium content, including current trading signals, open trades, or premium screening reports.
Your Subscription
If you use this site, you are responsible for maintaining the confidentiality of your login ID and
password and for restricting access to your computer, and you agree to accept responsibility
for all activities that occur under your subscription account or password.
Subscription Term and Payment
Payment for your subscription will be made on the date you subscribed to this Website. PayPay will automatically
charge you on the date you signup or after a free or reduced fee trial period (if offered). The subscription term
will commence on the date you subscribed and continue until terminated as provided below.
Subscription Termination
To cancel your subscription, send an email or to support@stockSpotter.com or choose the "contact us" section from within the Website and your subscription will be cancelled as soon as we receive it. Or, you can cancel
your subscription immediately from your PayPal account. When you cancel your account yourself SAI will receive a cancelation notification email from PayPal.
You may cancel your subscription at any
time however there are no refunds or credits issued once a payment has been made.
Right to Modify
We reserve the right to modify this policy at any time. If we make material changes to any of our privacy policies or practices regarding personal information, we will update our statement and
post a notice on this page before such changes take effect so that you are always aware of what information we collect, how we use it, and under what circumstances we disclose it. Users are
encouraged to check this page regularly as they will be bound by the changes once posted on the Website.
Modification of Service
SAI reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. You agree that SAI
shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Website.
Governing Law, Jurisdiction, and Venue
This Agreement shall be governed, interpreted and construed in accordance with the decisional laws of the State of California. This choice of law provision is intended to operate to the
exclusion of (a) any choice of law or other law or provision that would result in this Agreement or any disputes arising out of or related to this Agreement being resolved by the decisional
laws of any other state or country and (b) any law or convention that would otherwise apply including, but not limited to, the United Nations Convention on Contracts for the International
Sale of Goods. If awarded, the total of all damages due to Licensee shall be in accordance with Section 9 above. The parties hereby both knowingly, voluntarily, intentionally and irrevocably
agree to waive any right to have any issue resolved by a jury and cede to the Court all matters of law and fact for resolution. Subscriber and SAI each agree that the exclusive
venue for bringing and maintaining any action arising out of, related to, or in connection with this Agreement shall be in San Luis Obispo County, California or federal court for California.
Subscriber and SAI agree that, if Licensee brings any action or proceeding against SAI in any other venue in violation of this forum selection clause and SAI
is the prevailing party on a motion to dismiss for improper venue or motion to transfer venue, SAI will be immediately entitled to recover its costs and attorney’s fees
associated with such motion. Licensee hereby irrevocably consents to personal jurisdiction in the State of California and hereby waives any claim or defense that such venue is not convenient or
proper, and consents to service of process by any means authorized by California law.