These General Disclaimers regarding Trading and Investments (“General Disclaimers”) are part of the Terms and Conditions of Use of this Website and are incorporated in that document such that all references to the Terms and Conditions of Use include these General Disclaimers. All terms not otherwise defined in these General Disclaimers shall have the same meaning as defined in the Terms and Conditions of Use.
YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT WE EXPRESSLY DO NOT GUARANTEE ANY RESULTS OR OUTCOMES RELATING TO YOUR TRADING ACTIVITIES, THAT WE ARE NOT INVESTMENT ADVISERS, AND THAT WE DO NOT OFFER AT ANY TIME (THROUGH OUR WEBSITE, CLASSES, CONTENT, MATERIAL, COMMUNITY PLATFORM, OR OTHERWISE) ANY INVESTMENT ADVICE.
PLEASE READ THE BELOW STATEMENTS, DISCLOSURES, AND DISCLAIMERS VERY CAREFULLY. YOU MUST AGREE TO WHAT IS STATED IN THIS DOCUMENT (AS PART OF YOUR FULL AGREEMENT TO OUR TERMS OF USE) BEFORE YOU CAN ACCESS OR USE OUR WEBSITE OR ANY OF OUR PRODUCTS AND SERVICES.
BY USING OR ACCESSING OUR WEBSITE, BY USING OR ACCESSING ANY OF OUR PRODUCTS AND SERVICES, AND/OR BY SIGNIFYING YOUR AGREEMENT THROUGH CLICKING AS INDICATED WHEN YOU BECOME A MEMBER AND/OR PURCHASE AND PRODUCTS AND SERVICES, YOU HEREBY CONFIRM THAT YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE AS TO WHAT IS SET FORTH BELOW IN THESE GENERAL DISCLAIMERS REGARDING TRADING AND INVESTMENTS, AND YOU HEREBY EXPRESSLY DISCLAIM, RELEASE, AND WAIVE ANY LIABILITY, CLAIMS, DAMAGES, LOSSES, COSTS, OR EXPENSES AGAINST US THAT ARE RELATED TO OR ARISING FROM YOUR TRADING ACTIVITIES AND/OR ANYTHING INCONSISENT WITH WHAT IS SET FORTH BELOW:
- We Are Not Investment Advisers, Brokers, Legal Advisers, Tax Advisers, or Accounting Advisers
We are not Your investment advisers, traders, brokers, tax advisors, or legal advisers, and We are not responsible for any trading or investment decisions You may make or for any money You may make or lose.
The Company is not registered as an investment adviser with the U.S. Securities and Exchange Commission. Rather, the Company relies upon certain exclusions from the definition of “investment adviser” found in 15 U.S. Code § 80b–2(a)(11), Section 202(a)(11) (D) of the Investment Advisers Act of 1940, and corresponding state laws. Any instruction, strategies, tools, content, or materials that We provide to You do not relate to any specific securities, and We do not at any time provide You with investment advice.
You understand, acknowledge, and agree that We are not registered as an investment adviser with the U.S. Securities and Exchange Commission, any other federal or national governmental or regulatory authority, or any state securities governmental or regulatory authority and that Our business and activities do not require any such registration or registrations.
None of the content, materials, and/or any other information of any kind that We publish, post, announce, broadcast, state, or otherwise provide to You through any of Our Products and Services or Our Website is intended to be investment advice of any kind. To the extent any of the content, materials, and/or other information of any kind may possibly be deemed as advice relating to trading, You understand, acknowledge, and agree that such content, materials, and/or information is entirely impersonal, and not tailored or customized in any way to Your investment need or to the investment needs of any specific person.
The content, materials, and/or information contained within this Site are provided for research, informational, and educational purposes only. The content, materials, and information should not be construed as investment or trading advice, and nothing We provide or communicate to You is meant to be a solicitation or recommendation to buy, sell, or hold any positions in any indices or financial markets. The content, materials, and information provided by the Company, the Site, and Our Products and Services are solely incidental to the business and activities of the Company in providing to You Our educational and informational Products and Services.
Furthermore, We do not, nor will we, at any time, provide to You any legal, tax, estate planning, or accounting advice, or any other advice of any kind regarding the suitability, profitability or appropriateness for You of any security, investment, financial product, investment strategy, or of any other matter. The only recommendation We make to You is to advise You that people who desire to trade or invest in securities should do so cautiously and only in consultation with their professional, licensed, and qualified financial, legal, tax, estate planning and accounting advisors. We do not at any time provide any of those professional services to You or to anyone else, and You are responsible for consulting tax, legal, or financial professionals before making any trades or before acting on any information, materials, or content provided by Us, including by, on, or through Our Site or Our Products and Services.
- You Are Responsible for Your Own Trading Decisions and Results, and You Accept and Assume the Risk of Your Investments and Results, Including Any Losses
At all times, You remain solely responsible for all decisions regarding Your purchase and sale of any and all securities of any kind or nature, as well as Your decisions and research regarding the suitability, profitability, or appropriateness for You of any security, investment, financial product, or investment strategy. You are responsible for all matters related to Your investments and investment strategies. You understand, acknowledge, and agree that trading in any security can result in immediate and substantial losses of the money investment, and We urge You not to trade with any money that You cannot afford to lose.
You understand, acknowledge, and agree that We do not and cannot provide to You (and are not authorized to provide to You) any trading, legal, tax, estate planning, or accounting advice of any kind, or any advice regarding the suitability, profitability or appropriateness for You of any security, investment, financial product, investment strategy, or other matter, and You will neither solicit nor rely on any such advice from any Company employee, agent, instructor, or moderator, and You will not regard any materials, content, statements, or instruction of any kind from Us as investment advice. We recommend that any trading or investing in securities that You do be undertaken with great caution and in consultation with professional, licensed, and qualified investment, financial, legal, tax, estate planning, and accounting advisors.
You understand, acknowledge, and agree that no materials, content, or information provided by Us, including on or through the Site or Our Products and Services, are intended to be, and shall not constitute or be construed as, advice or any recommendation to buy or sell securities, nor any offer (or solicitation of an offer) to buy or sell securities, nor an attempt to influence the purchase or sale of any securities.
We are not responsible for Your success or failure in trading. Your level of success in attaining any results in trading is based on many factors, including, but not limited to, the time You devote to the program, techniques, strategies, and tools We provide to You, as well as, among other things, Your finances, Your lifestyle, Your personality, Your resources, Your knowledge, and Your skills. All of these factors differ for different individuals, and You understand, acknowledge, and agree that We cannot guarantee Your success or level of earnings, nor can We prevent any losses. We do not control the market, and We likewise are not responsible for Your trading decisions.
You understand, acknowledge, and agree that (i) the purchase and sale of securities, futures, commodities, or any other financial products, and any related trading activities in connection with the foregoing, involve a high degree of risk and are always speculative in nature; (ii) the purchase and sale these various financial products, and other related trading activities, should be conducted only by people who understand and accept the risks; and (iii) in connection with any trading activities that You undertake, You are responsible for independently reviewing and researching all information about such trades and for determining the acceptance and suitability of such trades, as well as for understanding and accepting the risks and financial and tax consequences thereof.
We do not guarantee or make any representations regarding any trading results of any kind whatsoever, including general or specific predictions or forecasts. The purchase and sale of securities, and any other trading or investment activity, involves a high degree of risk, and a number of factors could materially and adversely affect the results and lead to a substantial or complete loss of an investment. You understand, acknowledge, and agree that only people who are able to bear the risk of substantial or complete loss of funds should engage in the purchase and sale of securities, futures, commodities, or other similar financial products and that We are not responsible for any losses You may suffer.
- Our Content, Materials, and Information Are Not Trading or Investment Advice, and We Do Not Guarantee That They Are Error-Free
You understand, acknowledge, and agree that no content, materials, or information that We provide to You, including by or through the Site and/or Our Products and Services, are intended to be, and shall not constitute or be construed as, advice or any recommendation to buy, sell, or hold a particular security or to pursue any particular investment strategy or take any particular financial or investment action.
We neither assume responsibility for, nor guarantee the accuracy, currency, completeness, or usefulness of, any information, commentary, recommendations, advice, investment ideas, or other materials that may be accessed by you on or through the Site or the Products and Services, including, without limitation, the trading community platform, forum, chatrooms, online conferences, telecasts, or posts. You understand, acknowledge, and agree that, to the extent You choose to rely on any such information, You do so solely and entirely at your own risk.
We cannot, and We do not, independently verify, assess, or guarantee the validity, adequacy, timeliness, accuracy, or completeness of data, content, or information, the suitability or profitability of any particular security or investment, or the potential value of any security, investment, or informational source. At all times, You understand, agree, and acknowledge that You bear sole responsibility for Your own investment research and decisions, and, if You would like professional advice, You are responsible for seeking the advice of a professional, licensed, and qualified securities professional before purchasing or selling any security, making any investment, or engaging in any other trading activities.
You understand, acknowledge, and agree that any content, information, or materials made available through or on the Site or the Products and Services, including, without limitation, any research, analysis, news, or other information of any kind is not investment advice, and has not been tailored to reflect Your personal financial circumstances or investment objectives, and, accordingly, any securities and investment strategies discussed may not be suitable for You in all circumstances or may not be suitable for You at all. Any determination to purchase or sell securities or otherwise invest in securities must be made by You after your independent investigation and evaluation thereof (and in consultation with a qualified financial professional, if You choose to consult one), and should be based on Your own personal financial situation and other circumstances personal to You, and without any reliance on the materials, content, or information provided by Us, the Site, or the Products and Services.
As otherwise set forth in the Terns of Use, We (including Our directors, officers, shareholders, employees, agents, instructors, and affiliates) make no representation, warranties, or guarantees as to the validity, adequacy, timeliness, accuracy, reliability, or completeness of any data, content, materials, or information. You should independently analyze, review, and confirm any such data, content or information.
- We Are Not Responsible for Content and Information Posted on the Trading Community Forums, Platforms, and Chatrooms, and None of It Is Investment Advice from Us
The community forum, platform, and chatrooms on the Site are comprised of Users and Students (including, without limitation, moderators or instructors who are in Our employ) who may post content and information and otherwise interact with You and other Users and Students. All such information and content is for educational and informational purposes only, and it does not constitute advice or any recommendation of any kind by Us to enter into any securities transactions or to engage in any trading activities or to use any particular financial strategies that may be stated, discussed, explained, or suggested in any community platform, forum, or chatroom (whether or not such content or information was posted by Us or by a Member or User).
In Our community platform, forum, and chatrooms, Users and Members may write about securities in which they have a financial or other interest, including about the performance of such securities. We are not responsible for the accuracy of data, content, or information (including, without limitation, any performance data) posted or otherwise stated or set forth in any community platform, forum, or chatroom, and the accuracy of data, content, or information (including any performance data) are not guaranteed, may not be current, and should not be relied upon by You. Nothing in any community platform, forum, or chatroom is intended as, nor should be relied on by You as, investment advice of any kind by Us.
We do not control, and We do not endorse, any data, content, or information posted or otherwise set forth or stated in Our community platforms, forum, or chatrooms. You understand, acknowledge, and agree that Your participation in any of Our community platforms, forums, or chatroom is at your own risk, and We expressly disclaim responsibility for any such data, content, or information posted, discussed, stated, or set forth. Moreover, We have the right (but not the obligation) to review and take down any data, content or information posted or otherwise stated or set forth in Our community platforms, forums, or chatrooms.
You understand, acknowledge, and agree that, by accessing or using the community platforms, forums, or chatrooms, You may be exposed to material that you deem to be offensive, indecent, obscene, or otherwise objectionable. Under no circumstances will you hold Us, or Our directors, officers, shareholders, employees, agents, or affiliates, liable for any such content displayed or made available through the Site, or for any losses or damages of any kind incurred as a result of Your use of the community platforms, forums, or chatrooms.
- Statements, Information, or Content Involving Real, Simulated, or Hypothetical Trades (1) Are Commentary or Opinion, (2) Are Not Investment Advice, (3) Are For Informational and Educational Purposes Only, (4) May Not Yield the Same Results for You, and (5) Should Not Be Relied On By You
You understand, acknowledge, and agree that Our content, materials, or information, including any statements that may be made in any class, seminar, or workshop or by any moderator or instructor in any community platforms, forums, or chatrooms may include information about both real and hypothetical trades and real and simulated or hypothetical returns, but all such content, materials, or information are provided to You as commentary and statements solely for informational and educational purposes. Any such commentary or statements made by Us (including by any moderators or instructors in any community platforms, forums, or chatrooms) should be regarded as opinions and ideas only, and no such commentary or statements shall constitute or be deemed any kind of recommendation or investment advice whatsoever, and You understand, acknowledge, and agree that You cannot and will not rely on any such opinions and ideas. Moreover, You understand that such opinions or ideas may not be complete or accurate, and the Company shall not in any way be liable for the incomplete or inaccurate nature of any such opinions or ideas.
You understand, acknowledge, and agree that all trading activity has certain inherent risks but that there are even more risks in connection with any information or results that may be based on simulated or hypothetical performance, since they are not based on actual information.
Also, You understand, acknowledge, and agree that any performance results or records We share with You, whether based on actual or simulated or hypothetical trades, may not be entirely accurate and do not represent the actual trading results You may obtain. Among other things, performance results or records that We share with You may not reflect actual trading commissions that You may incur, and they also do not necessarily account for the impact, if any, of certain market factors, such as lack of liquidity, that may affect Your results. Also, to the extent You learn about any investments from Us, including in any community platforms, forums, or chatrooms, You understand, acknowledge, and agree that any performance results You learned about on Our Site, including in Our community platforms, forums, or chatrooms, may be different from Your actual results, because, for example, they may not take into account that the investments chosen may be volatile, or that there may be server or delivery delays, and such results also may not take into account other factors, such as, for example, that the price You obtain may differ substantially from the price at the time You received the information or alert, the prices of investments at the point in time You begin subscribing may be higher than such prices at the time such investments were chosen, You may not have the capital to trade as frequently as the individual (including a moderator or instructor) from whom you learned of the investment, and the size and timing of Your purchase or sale of a stock may affect the price of the stock, among many other reasons or factors.
You understand, acknowledge and agree that, solely for informational, educational, and teaching purposes, We may post, call out, or provide an alert as to certain trades. Whether or not We execute such trades, You understand, acknowledge, and agree that any such information or trades may not reflect Your results should You make similar trades, and such information or trades are not meant to be investment advice or to advise You in any way to make such trades Yourself. Also, You understand, acknowledge and agree that moderators or instructors may sometimes purchase or sell securities sooner or later than called out, posted, or alerted, and moderators and instructors also are not required to disclose all trades they make, and their actual positions may be inconsistent with or different from any trades called out, posted, or alerted. Also, because some trades may not actually have been executed, results may have under-or-over-compensated for the impact, if any, of certain market factors, such as liquidity.
Simulated or hypothetical trading programs in general are also subject to the fact that they are designed with the benefit of hindsight. You understand, acknowledge, and agree that the Site contains simulated or hypothetical trading programs. No representation is being made that any account will or is likely to achieve profits or losses similar to these being shown, whether any trading You are exposed to is simulated or hypothetical or based on actual trades.
In connection with the foregoing, You understand, acknowledge, and agree that We (including Our instructors or moderators, or other employees or agents) have no obligation to notify You as to which trades and returns are real versus simulated or hypothetical, that We do not and will not verify any trade records You may be exposed to on or through Our Site or Our Products and Services, and that We do not and will not maintain records of any such trades and results of Our instructors, moderators, or anyone else.
While We may express or utilize testimonials or descriptions of past performance, You understand, acknowledge, and agree that such items are not indicative of future results or performance, and are not any representation, warranty, or guaranty that any particular result will be obtained by You. Your results may differ materially from those expressed or utilized by Us due to a number of factors, as discussed above.
Through your use of the Site or any of Our Products and Services, You have expressly contracted with Us for certain Products and Services, and, in connection therewith, You have consented to Our business and operations (including the moderator or instructor actions and omissions referenced above), and You hereby expressly release Us, and Our directors, officers, shareholders, employees, agents, and affiliates from any liability, claims, losses, costs, expenses, and any other damages arising from or relating to any instructor or moderator statements (written or oral), actions and omissions, including real, simulated, or hypothetical trades and results.
Last Updated on June 27, 2021.
