This User Agreement (the "Agreement") is a binding agreement between FundSeeder Technologies, LLC ("FST," "us" or "we") and each of its users ("Users" or "you") who click the applicable box or link or otherwise acknowledge their acceptance of this Agreement, whether through any website(s), application(s), or any other medium through which FST makes this Agreement available (the "Site") and whether or not such user is issued or maintains an account with FST. FST’s Site, and FST’s technology, features, content, and services (collectively with the Site, the "Platform") are provided subject to the terms and conditions set forth in this Agreement and your access to and use of the Platform is subject to this Agreement. It is your responsibility to review this Agreement before using or accessing the Platform.
You should not be able to access the Platform without affirmatively acknowledging your acceptance of this Agreement, and you should not employ any technology or other means that allows you to do so, but, if you do access the Platform, or portions thereof without affirmatively acknowledging your acceptance of this Agreement, then you will nonetheless be considered a User and your use of the Platform constitutes acceptance of this Agreement. Users who are bound by this Agreement may include, without limitation, traders, brokers and investors. Users are bound by this Agreement regardless of whether they make any payment to FST.
FST reserves the right to make changes, modifications, updates, and amendments ("Modifications"), at any time to the Platform or this Agreement. Any Modifications to this Agreement will be effective upon posting of an updated Agreement. Your continued access or use of the Platform after the posting of any Modifications to the Agreement will constitute your acceptance of the Modifications.
You should not use or access the Platform if you do not agree to the terms of this Agreement and/or do not wish to be bound by this Agreement. To the extent permitted under applicable law, this Agreement requires Arbitration in the event of disputes between users and FST or any of its affiliates and limits the availability to Users of class action lawsuits and other remedies.
The Platform allows traders to track, analyze and evaluate their trading performance, either in isolation or in comparison to other traders. While preserving the anonymity of the trader, the Platform also permits other Users to view and analyze the return and risk characteristics of the performance of other traders. Users of the Platform will access it anonymously with respect to other Users and the public, and any User may only be provided with the identification of another User at FST’s sole discretion, which discretion is limited only by the express terms of this Agreement.
FST does not directly, indirectly, implicitly or in any other manner whatsoever provide any brokerage services or investment advice. FST is not registered with any regulatory body within the United States of America or any other jurisdiction. You acknowledge and agree that no aspect of the Platform is intended to provide, or should be construed as providing, any investment, financial, tax, legal or other advice of any kind. You should not consider any content on the Platform to be a substitute for investment, financial, tax, legal or other professional advice. FST’s sister company, FundSeeder Investments, LLC, may introduce certain Users to one or more financial institutions or other third parties who may be interested in identifying and potentially working with previously undiscovered trading talent. FundSeeder Investments, LLC is registered with the CFTC as a Commodity Trading Advisor ("CTA") and is a National Futures Association ("NFA") member firm.
FST’s Platform is offered as a technology solution only. Users may elect to upload their portfolio, track records and financial performance information to the Platform, in which event FST may make such information available to other Users on an anonymous basis. FST will not intentionally or knowingly, without a User’s consent, disclose an individual User’s market positions or commercially exploit an individual User’s market data other than on an aggregated basis together with other User market data; provided that the foregoing shall not prevent FST from disclosing performance data on an anonymized basis. In certain circumstances, or in the future, Users may provide comments, opinions, other information or advice to other Users. Any such information or advice provided by Users is solely the opinion of the party providing the information or advice, and parties, including other Users, who rely on such information or advice do so entirely at their own risk.
You acknowledge and agree that no information, opinion or advice provided by any User or third party (such as a User’s broker) will be construed as the information, opinion or advice of FST or any FST affiliate, or any of their respective owners or agents (each individually a "Related Party" and collectively the "Related Parties"). FST does not generate, verify, approve, endorse, exercise editorial control over, or guaranty the accuracy or completeness of content generated by or received from Users or third parties, whether made available on the Platform or otherwise, and makes no representations or warrantees of any kind with respect to any such content or any other information generated by or received from any User or third party.
When reviewing any User information, including performance data, made available on or through the Platform, you should not assume that the provider of such information is unbiased, independent or qualified to provide financial information. FST generally relies upon third parties to provide performance data in real-time and endeavors to use commercially reasonable efforts to monitor the reliability and competence of such third parties but cannot guarantee that such third parties’ services will not fail or will always function as intended or as advertised.
You acknowledge and agree that FST and the Related Parties are not liable for content or information provided by Users, their brokers or other third parties, including any User or third party generated content that is accessible through the Platform. You acknowledge and agree that you will not bring, file, or assert any claim, proceeding, cause of action, or suit against FST or the Related Parties relating to any such content or information, and you waive any right that you may possess to do so.
FST has no control over what other Users who access your information through the Platform may do with it. While FST will endeavor to maintain the integrity of its Platform, you should be aware that any information you may upload to the Platform or otherwise share over the Platform may be misused by third parties. You should also be aware that the rate of return and statistical information produced through the Platform may not conform to the regulatory standards required within your unique regulatory jurisdiction.
Although FST will endeavor to monitor the content of its Platform to identify and remove any fraudulent, misleading or otherwise wrongful or improper content, including information posted to the Platform, and may ban a user for egregious or repeat violations, you acknowledge and agree that FST cannot detect or remedy all such posts.
You acknowledge and agree that FST and the Related Parties are not obligated to (i) detect or remedy any fraudulent, misleading, or otherwise wrongful or improper post, (ii) monitor any User’s activities on any other sites, or (iii) remedy any misuse of information originally posted to FST on another site, and you further acknowledge and agree that you will not bring, file, or assert any claim, suit, proceeding, or cause of action relating to, or seek damages arising from, any failure on the part of FST or any Related Party to do so, and you waive any right that you may possess in connection with the same.
It is possible that FST may encounter hardware, electronic, technological and system failures, delays or other issues from time to time, including failures relating to internet connectivity, electrical power and computer crashes.
You acknowledge and agree that you will not bring, file, or assert any claim, suit, proceeding, or cause of action relating to, and that you will not seek damages arising from, any such failures, delays or other issues, and you waive any right that you may possess to do so.
The Platform contains information regarding FST, its technology and its services, which information may include financial trading information, pricing data, trade data, aggregated trade information, performance information, blogs, posts, chat rooms, user comments, publications and other material proprietary to FST, as well as links to third party websites. You may download, view, copy and print information, materials and any other aspect of the Site to which FST grants you access (i) solely for your own personal informational purposes; and (ii) provided that you do not distribute, modify or alter the materials, including any notices or disclaimers therein. You agree that you are solely responsible for any and all regulatory obligations within your specific jurisdiction or otherwise relating to you that may apply to your use of any FST content or services.
You agree not to upload, transmit, or distribute via the Site or any other aspect of the Platform any information which:
You further agree:
You acknowledge and agree that you are fully responsible for maintaining the privacy of any password, user identification or other method to access the Site or any other aspect of the Platform (each, an "Access Method") which you may be granted as a User. You agree not to disclose or share your Access Methods with any other person or entity. You agree not to access or attempt to access any password-protected portions of the Site or any other aspect of the Platform without an authorized Access Method or through any means other than your authorized Access Method. You acknowledge and agree that it is solely your responsibility to monitor and control use of your Access Methods, to ensure the security of your Access Methods and to ensure that your Access Methods are not compromised or used without authorization.
In the event you determine your Access Method to have been compromised for any reason you agree to immediately notify FST and provide a detailed explanation regarding the circumstances by which your Access Method was compromised. FST will make a determination, in its sole discretion, as to what course of action will be taken to resolve the situation.
You acknowledge and agree that FST and the Related Parties will not be liable for any losses or damages that you may sustain, and that you will not bring, file, or assert any claim, cause of action, proceeding, or suit against FST or the Related Parties arising from or relating to, any unauthorized or improper use of your Access Methods, or any security or privacy breach relating to your Access Methods, and you waive any right that you may possess in connection with the same.
FST may but shall not be obligated to investigate and take legal action against those responsible for any illegal and/or unauthorized use of the Site or any other aspect of the Platform including: unauthorized access to the Platform through a third party application, robot, spider, automated device, or data mining or extraction tool or other unauthorized means; interference with the Platform; any action that imposes an unreasonable load on the Site; or any link to any page of the Site other than the home page. FST’s decision not to pursue legal action for any such violation or any breach of this Agreement shall not be construed as a waiver of any provision of the Agreement or of any of FST’s legal rights.
FST may prohibit you from using or accessing the Site or any other aspect of the Platform for any or no reason, at any time, in its sole discretion, without notice to you. FST may remove any User information on any grounds, including in the event that FST believes the information violates applicable law, this Agreement or the rights of FST, or any User or third party.
You acknowledge and agree that (i) the trade names and logos of FST and the Related Parties, (ii) the design, graphical elements, and appearance of the Site, (iii) the content of the Platform (except to the extent otherwise expressly stated in this Agreement), and (iv) any intellectual property, trade secret, or otherwise protectable information contained in the foregoing (collectively, "FundSeeder IP") may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without FST’s prior written permission. You acknowledge and agree that FundSeeder IP is the sole property of FST, or a Related Party, or its licensors. You agree to abide by all copyright notices, information, or restrictions with respect to FundSeeder IP and acknowledge that, other than as expressly provided herein, you do not have a license to use FundSeeder IP. FST names, logos, and other materials displayed on FST’s Sites or any other aspect of the Platform, together with the goodwill associated with them, constitute trademarks, trade names, service marks or logos ("Marks") owned exclusively by FST or a Related Party. You agree not to use any Marks in any manner whatsoever without FST’s prior written consent.
If you believe that a user has infringed on copyrighted work, please provide immediate written notice of the same to FST by sending an email to firstname.lastname@example.org with the subject line "Copyright Notice," including the following information:
When you post or submit your data and other content to the Platform you will retain your ownership of such content. You represent that you exclusively own all content that you post or submit to the Site, together with any and all rights thereto, and that your posting or submitting such content to the Site does not infringe on any intellectual property rights or other rights of any other person or entity.
FST shall have no responsibility or liability for the deletion of, or failure to store, any content you may post or submit to the Site and FST may delete such content from the Site at its discretion. You acknowledge that FST may delete accounts that are inactive or that belong to Users who have violated this Agreement. Although you acknowledge that FST is under no contractual or legal obligation to do so, FST will endeavor to undertake commercially reasonable efforts to protect Users’ confidential information from unauthorized disclosure to third parties.
FST requires the ability to provide the Platform and conduct its business free of any risk of potential liability for or involvement in intellectual property disputes, including disputes between or among various Users. Consequently, and notwithstanding FST’s aforementioned intent to protect User’s confidential information from unauthorized disclosure, FST shall have no responsibility or liability for any inadvertent disclosure of any User’s content, including confidential information and intellectual property, to any other person or entity. By posting to the Site or otherwise submitting content to FST or any Related Party, you grant FST, as well as its parent, subsidiary and affiliated companies, a non-exclusive, transferrable, sub-licensable, worldwide, fully paid-up, royalty-free, perpetual and irrevocable license to use, reproduce, distribute, create derivative works of, display, import or otherwise exploit such content in any form, media, or technology, whether now known or hereafter developed; provided, however, that FST will not intentionally or knowingly, without a User’s consent, disclose an individual User’s market positions or commercially exploit an individual User’s market data other than on an aggregated basis together with other User market data. The foregoing shall not prevent FST from disclosing performance data on an anonymized basis. You represent that you have the right to grant such license with respect to all content you post or submit to the Site, or otherwise provide to FST or any Related Party, and that your grant of such license does not infringe on any rights belonging to any other person or entity.
FST may at any time and at its sole discretion provide links to the websites of third parties. Additionally, the Site may display advertisements from third parties, such as banner advertisements and pop-up texts, and links to the sites of such advertisers. FST is not responsible for the content of such advertisements or any links, or any products, services or other materials relating to such advertisements or provided by the advertisers, any linked site, or any link contained in a linked site. The display of any advertisement or link does not imply endorsement by FST of the advertisement or linked site or any content therein.
In no event will FST or any Related Party be liable, directly or indirectly, for any damage or loss that you may sustain, and you acknowledge and agree that you will not bring, file, or assert any claim, cause of action, proceeding, or suit against FST or the Related Parties, arising from or relating to any use, continued use or reliance on any advertisement displayed on the Site, or any products, services or other materials relating to any such advertisement, any linked third party site, or any link contained in a linked site, and you waive any right that you may possess to bring, file, or assert any such claim, cause of action, proceeding, or suit.
FST makes no warranties of any kind, either express, implied or statutory, including warranties of title, non-infringement, system integration, availability, integrity, reliability, transmission or response time, data accuracy, completeness, timeliness, suitability of content or services, merchantability or fitness for a particular purpose, including with respect to its Platform.
Your use of the Platform is entirely at your own risk. Neither FST nor any of the Related Parties are responsible or liable to you or anyone else for any loss or injury or any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages under any contract, negligence, strict liability or other theory arising out of or relating in any way to your use of, or inability to use, the Platform, or for content accessible through the Platform. The foregoing is applicable whether or not the loss or injury is caused by events beyond the control of FST or any Related Party.
In no event shall FST’s total liability to you for any and all damages, losses, and causes of action (whether in contract, tort, statutory, or otherwise) exceed the total amount paid by you to FST in the twelve (12) months prior to the date on which you first assert a claim. To the extent that FST may not, as a matter of applicable law in any particular jurisdiction, disclaim any implied warranty or limit liabilities, the scope and duration such warranty and the extent of FST’s liability will be the minimum permitted under such applicable law in such jurisdiction.
You agree to indemnify and hold FST and the Related Parties harmless from and against any and all damages, liabilities, actions, causes of action, suits, claims, demands, losses, costs and expenses (including reasonable attorneys’ fees, expert fees, disbursements and court costs) arising from, relating to, or in connection with (i) your or anyone using your account’s use of the Platform or any content, information, or materials contained, displayed or available therein; (ii) your violation of this Agreement; (iii) any postings or submissions submitted by you or someone using your account to FST, including any allegation that a posting or submission violates the copyright, trade secret, trademark, or intellectual property rights of any person or entity; (iv) your or anyone using your account’s violation of any applicable law or regulation or any rights of any third party; (v) access or use of the Platform by you or anyone using your FST account.
To the maximum extent permitted under applicable laws, you hereby release FST and the Related Parties from any liability related to: (a) any incorrect or inaccurate content accessible through FST, the Site or any other aspect of the Platform; (b) the conduct, whether online or offline, of any User; and (c) any error or omission, interruption or deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access, or alteration, of, to or in connection with FST, the Site or any other aspect of the Platform. If you are a California resident, you hereby waive California Civil Code Section 1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
This section shall survive the termination of this Agreement for any reason.
(a) All controversies, disputes, demands, counts, claims and causes of action, including the arbitration of the same, between you and FST or any Related Party arising out of, under, or relating in any way to this Agreement or the subject matter hereof, including your use of the Platform, shall be settled exclusively through binding arbitration. Unless arbitration before another body is required by applicable law, or unless otherwise agreed by all parties in writing, the arbitration shall be conducted before a panel of three (3) commercial arbitrators with substantial experience in resolving commercial contract disputes in accordance with the JAMS rules as then in effect (the "Rules"). The arbitration shall be held in a place designated by agreement of the parties or, in the absence of such agreement, at a place in Fort Lauderdale, Florida, designated by the arbitration panel, and, except to the extent inconsistent with this Agreement, shall be conducted in accordance with the Rules in effect at the time of the arbitration.
(b) Notwithstanding the foregoing, the arbitrators shall be empowered only to interpret and apply the terms of this Agreement, and shall not be empowered to revise or amend any provision in this Agreement, or to make a decision based on any such revision or amendment. The arbitral award shall be in writing, state the reasons for the award and relief granted and shall be final and binding on the parties to the arbitration. Any award rendered shall be subject to appeal pursuant to the JAMS optional appeals procedure and, if not so appealed or following affirmance if appealed, may be confirmed, judgment upon any award rendered may be entered, and such award of the judgment thereon may be enforced, in any court of any state or country having jurisdiction over the parties and/or their assets.
(c) You are aware and acknowledge that by entering into this Agreement you are waiving your right to use any federal, state or municipal court system to assert or defend your rights under this contract and that any claims will be determined by arbitrators and not by a judge or jury. Arbitration decisions are fully legally enforceable and are subject to very limited appellate review as compared to court orders. The arbitration proceedings, all documents and all testimony, whether written or oral, produced in connection therewith, and the arbitration award shall be confidential unless otherwise required to be disclosed by law or by any administrative body.
(d) Any claims brought by either you or FST must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative, collective or class proceeding.
If any part of this dispute resolution section is deemed to be invalid, unenforceable or illegal, then the remainder of this dispute resolution section shall remain in effect. In the event this dispute resolution section is held unenforceable by a court of competent jurisdiction, or in the event JAMS refuses to arbitrate the dispute, all controversies, disputes, demands, counts, claims, or causes of action shall be brought exclusively in the courts located in Fort Lauderdale, Florida, and you hereby submit to the jurisdiction of such courts over your person and the subject matter of this Agreement.
Notwithstanding the foregoing, certain laws (such as the European General Data Protection Regulation ("GDPR") and the Canadian Personal Information Protection and Electronic Documents Act ("PIPEDA") and other similar laws) provide users with the right to complain to a Data Protection Authority, Privacy Commissioner or other similar government authority regarding violations of those laws. This dispute resolution mechanism does not replace or supplant such rights unless permitted by those laws. FST intends to vigorously investigate any and all complaints regarding privacy issues that it receives, and encourages users to submit any such complaints to us by email at email@example.com or by mail at 3540 Toringdon Way, Suite 200, Charlotte, NC 28277, or by calling +1 561 953 4456
You are free to discontinue your use of the Platform at any time in your sole discretion, with or without cause. Similarly, at any time, with or without notice to you, and with or without cause, FST may modify or discontinue its technology or services and the availability and use of the Site, or any other aspect of the Platform, or terminate your password or other Access Method, account, use, and access to the Platform. FST shall in no way be held liable for any consequence which results from FST’s decision to modify or discontinue providing the Platform or providing you with access thereto. Any such termination, including any termination of this Agreement shall not terminate any obligations of the parties which, by their terms, are intended to survive the termination of this this Agreement, including the indemnification and the dispute resolution sections of this Agreement. If you object to any change to FST’s Site or any other aspect of the Platform, or deletion of content therefrom, your sole remedy is to terminate this Agreement and no longer use the Platform.
You agree to receive all legal and business notifications through email delivered to the email address for you which FST has on record and acknowledge that all notifications provided to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. You are responsible for ensuring that the email address that FST has on record is current and accessible. If you do not consent to receive notifications electronically, or if you withdraw your consent, then from that time forward you agree to and shall discontinue using the Platform.
All discussions, correspondence, understandings, and agreements heretofore had or made between the parties are superseded by and merged into this Agreement, which alone fully and completely expresses the agreement between the parties concerning the subject matter hereof, and the same is entered into with no party relying upon any statement or representation made by or on behalf of any party not embodied in this Agreement.
This Agreement and the relationship between you and FST shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions. This Agreement is not assignable, transferable or sub-licensable by you except with the prior written consent of FST. Notwithstanding the foregoing, FST may freely assign this Agreement, without your consent, to any Related Party or to any other person or entity who acquires substantially all of the assets of FST. No waiver by FST of any breach or default hereunder shall be deemed a waiver of any preceding or subsequent breach or default.
The headings of sections and subsections contained in this Agreement are merely for convenience of reference and shall not affect the interpretation of any of the provisions of this Agreement. Whenever the context so requires, the singular shall include the plural and vice versa. All words and phrases shall be construed as masculine, feminine or neuter gender, according to the context. Whenever the term "include," "including," or "included" is used in this Agreement, it shall mean "including without limiting the generality of the foregoing". Whenever possible, each provision of this Agreement shall be construed and interpreted in such a manner as to be effective and valid under applicable law, but if any provision of this Agreement or the application thereof to any party or circumstance shall be prohibited by or invalid under applicable law, then such provision shall be ineffective to the extent of such prohibition without invalidating the remainder of such provision or any other provision of this Agreement or the application of such provision to other parties or circumstances.
The parties represent and warrant to each other that they have read this Agreement in its entirety, that they understand the terms of this Agreement and understand that the terms of this Agreement are legally enforceable, that they have entered into this Agreement freely and voluntarily, that they intend to and shall be legally bound by this Agreement, and that they have full power, right, authority, and competence to enter into and execute this Agreement.