This Disclaimer is hereby through this reference construed as part of our Terms of Service.
PsychoTrader LLC HEREBY THROUGH THIS REFERENCE EXPRESSLY DISCLAIMS AS FOLLOWS, AND YOU THE USERS AND VISITORS OF THE PLATFORM HEREBY ACKNOWLEDGE AND AGREE AND EXPRESSLY DISCLAIM, RELEASE AND WAIVE ANY LIABILITY, CLAIM, DAMAGES, LOSS, COST OR EXPENSE, INCONSISTENT WITH, RELATED TO OR ARISING FROM THE FOLLOWING:
1 Your Accountability
1.1 PsychoTrader LLC (hereinafter referred to as “PsychoTrader”) is not a registered investment adviser with the U.S. Securities and Exchange Commission. Rather, PsychoTrader depends on the “publisher’s exclusion” from the definition of “investment adviser” as specified under Section 202(a)(11) (D) of the Investment Advisers Act of 1940 and any corresponding state laws.
1.2 PsychoTrader does not provide personalized investment advice to anyone. To the extent any information provided by PsychoTrader is deemed as “investment advice”, such information is not custom-made or tailored for the investment needs of any specific person and is impersonal. The information provided by us through any means should not be interpreted as investment or trading advice, and is not meant to be a solicitation or recommendation to buy, sell, or hold any positions in any indices or financial markets mentioned. The content and information provided by PsychoTrader, the Platform, social media channels, and through other products and services of PsychoTrader, is solely incidental to the business and activities of PsychoTrader in providing educational services.
1.3 Solely you are accountable for all judgements with respect to your buying and selling of securities, the appropriateness, lucrativeness or suitability for you of any security, investment, financial product, investment strategy or other matter, and all other matters related to your investments and investment strategies. You acknowledge and agree that PsychoTrader nor our employees are authorized to give any such advice, you will neither solicit nor rely on any investment advice from any PsychoTrader employee. PsychoTrader recommends that persons desiring to trade or invest in securities do so cautiously and at their own risk and only in consultation with their professional, licensed and qualified financial, legal, tax, and accounting advisors.
1.4 No data, content or information provided by PsychoTrader, the Platform or the other products and services of PsychoTrader, is intended, and shall not comprise or be interpreted as, advice or any suggestion or recommendation for buying or selling 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 security. PsychoTrader is NOT a registered investment adviser with the U.S. Securities and Exchange Commission, nor any other federal or national governmental or regulatory authority, or any state securities governmental or regulatory authority, and the business and activities of PsychoTrader do not require any such registration.
1.5 Platform Content, User Submissions and other information
1.6 No Platform Content, User Submissions and other information (collectively “Information”) provided to you via emails or other means by PsychoTrader, the Platform or the other products and services of PsychoTrader, shall not comprise or be interpreted to be advice or any recommendation to buy, sell or hold a particular security or pursue any particular investment strategy. It is for educational purposes.
1.7 PsychoTrader neither assumes responsibility for, nor guarantees the accuracy, currency, completeness or usefulness of Information, investment ideas or other materials that may be retrieved by you through the Platform or the other products or services of PsychoTrader. If you choose to depend on such Information, you acknowledge and agree to do it at your own risk. You acknowledge and agree that the Information made available through the Platform or the other products or services of PsychoTrader is not investment advice and is in no way tailored to reflect any personal financial circumstances or investment objectives and the securities and investment strategies discussed may not be suitable for you. Any determination to purchase or sell securities or otherwise invest in securities must be made solely by you after your independent investigation and evaluation thereof based on your personal financials and other circumstances and without any reliance on the data, content or information provided by PsychoTrader, the Platform or the other products and services of PsychoTrader.
1.8 PsychoTrader, cannot verify independently, evaluate or certify the legitimacy, adequacy, timeliness, accuracy or completeness of any data, content or information, the suitability or profitability of any particular security or investment, or the probable value of any security, investment or informational source.
1.9 You hereby through this reference accept sole accountability for your own investment research and decisions. We recommend that you to seek the advice of a professional, licensed and qualified securities professional before purchasing or selling any security or making any investment.
2 U.S. Government Mandatory Disclaimer
Commodity Futures Trading Commission
Futures and Options trading has large probable incentives, but also large probable risks. You must be conscious of the risks and be ready to accept them to invest in the stock/options markets. Please DO NOT trade with money you cannot afford to lose. This is neither a solicitation nor an offer to buy or sell stocks, futures, options or securities of any sort. No representation is being made that any account will or is likely to achieve profits or losses similar to those discussed through our Platform, and any social media channels. The past performance of any trading system or methods is not indicative of future results.
CFTC (COMMODITY FUTURES TRADING COMMISSION) RULE 4.41 – All CTAs (COMMODITY TRADING ADVISORS) (, REGARDLESS OF WHETHER THEY ARE REQUIRED TO REGISTER, ARE SUBJECT TO COMMISSION RULE 4.41. RULE 4.41 PROHIBITS CTAS FROM ADVERTISING IN A MANNER THAT EMPLOYS ANY FRAUDULENT DEVICE OR INVOLVES ANY TRANSACTION OR COURSE OF BUSINESS THAT OPERATES AS A FRAUD OR DECEIT UPON ANY EXISTING OR PROSPECTIVE POOL PARTICIPANT OR CLIENT. RULE 4.41 EXPRESSLY APPLIES TO “ANY PUBLICATION, DISTRIBUTION OR BROADCAST OF ANY REPORT, LETTER, CIRCULAR, MEMORANDUM, PUBLICATION, WRITING, ADVERTISEMENT OR OTHER LITERATURE OR ADVICE, INCLUDING THE TEXTS OF STANDARDIZED ORAL PRESENTATIONS AND OF RADIO, TELEVISION, SEMINAR OR SIMILAR MASS MEDIA PRESENTATIONS.” HYPOTHETICAL OR SIMULATED PERFORMANCE RESULTS HAVE CERTAIN LIMITATIONS. UNLIKE AN ACTUAL PERFORMANCE RECORD, SIMULATED RESULTS DO NOT REPRESENT ACTUAL TRADING. ALSO, SINCE THE TRADES HAVE NOT BEEN EXECUTED, THE RESULTS MAY HAVE UNDER-OR-OVER COMPENSATED FOR THE IMPACT, IF ANY, OF CERTAIN MARKET FACTORS, SUCH AS LACK OF LIQUIDITY. SIMULATED TRADING PROGRAMS IN GENERAL ARE ALSO SUBJECT TO THE FACT THAT THEY ARE DESIGNED WITH THE BENEFIT OF HINDSIGHT. NO REPRESENTATION IS BEING MADE THAT ANY ACCOUNT WILL OR IS LIKELY TO ACHIEVE PROFIT OR LOSSES SIMILAR TO THOSE SHOWN. All trades, patterns, charts, systems, etc., discussed in this advertisement and the product materials are for illustrative purposes only and not to be construed as specific advisory
3 RELIANCE ON INFORMATION POSTED
3.1 THE USER CONTRIBUTIONS PRESENTED ON THE PLATFORM IS REPRESENTED TO US AS BEING MATERIALLY TRUE, CORRECT AND COMPLETE. WHILE WE CONTINUALLY ENDEAVOR TO PROVIDE REASONABLY AND MATERIALLY CORRECT INFORMATION, WE DO NOT WARRANT THAT THE INFORMATION PRESENT IS TRUE, CORRECT OR COMPLETE. ANY RELIANCE YOU PLACE ON SUCH INFORMATION INVOLVES CERTAIN RISK. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU OR ANY OTHER VISITOR TO THE PLATFORM, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS.
3.2 THIS PLATFORM MAY CONTAIN CONTENT PROVIDED BY THIRD PARTIES. ALL STATEMENTS AND/OR OPINIONS EXPRESSED IN THESE MATERIALS, AND ALL ARTICLES AND RESPONSES TO QUESTIONS AND OTHER CONTENT, OTHER THAN THE CONTENT PROVIDED BY US, ARE SOLELY THE OPINIONS AND THE RESPONSIBILITY OF THE PERSON OR ENTITY PROVIDING THOSE MATERIALS. THESE MATERIALS DO NOT NECESSARILY REFLECT THE OPINION OF PSYCHOTRADER. WE ARE NOT RESPONSIBLE, OR LIABLE TO YOU OR ANY THIRD PARTY, FOR THE CONTENT OR ACCURACY OF ANY MATERIALS PROVIDED BY ANY THIRD PARTY.
3.3 We update the content on this Platform from time to time, but its content is not necessarily always complete or up to date. Any of the material on the Platform may be out of date at any given time, and we are under no obligation to update such material.
4 Activities of PsychoTrader Personnel
4.1 PsychoTrader, and its directors, officers, shareholders, employees, agents and affiliates, may be investors and traders of securities. Such parties may purchase or sell any security, or engage in any investment strategy, contained in any data, content or Information on the Platform, or in the other products or services of PsychoTrader. Such parties will purchase or sell securities, and engage in any investment strategies, in their sole discretion, at any time and without notice, and shall not, and are not required to disclose or otherwise notify you, or any other person or party, with respect to any such decisions or activities. Such parties may not always follow PsychoTrader strategies and are not required to disclose or notify you, or any other person or party, with respect to any such decisions or activities. PsychoTrader personnel adhere to their unique individual plans developed and implemented by them with or without PsychoTrader, and experiences will not be duplicated and are not typical.
4.2 PsychoTrader does not engage in, and its business and activities shall not constitute or be interpreted as, a business or activity to effect a series of transactions generating actual or apparent active trading in a security, or raising or depressing the price of such security, for the intention of persuading the purchase or sale of such security by others.
4.3 PsychoTrader does not engage in, and its business and activities shall not constitute or be interpreted as, a business or activity to effect a series of transactions for the purchase and/or sale of a security for the purpose of pegging, fixing, or stabilizing the price of such security in violation of any law, rule or regulation.
4.4 You understand, acknowledge and agree that PsychoTrader, and its directors, officers, shareholders, employees, agents and affiliates, may engage in active trading of securities, but do not willfully participate in any activity described in the above paragraphs. Accordingly, you hereby waive and release any and all claims, losses, damages, liabilities and any other costs and expenses (including attorneys’ fees), arising from or related to your purchase or sale of a security at a price that may have been affected by the business or activities of PsychoTrader, or its directors, officers, shareholders, employees, agents or affiliates.
5 Testimonials Disclaimer
5.1.1 In accordance with 16 CFR Part 255 and Federal Trade Commission Guidelines concerning use of endorsements and testimonials in marketing and advertising, please be aware of the following:
51.2 Endorsements, testimonials, comments or descriptions of past performance from other users or registered members are based upon their individual experiences and results with the Platform, and the products and services of PsychoTrader. These results and performances are not typical, and you should not have the expectation to attain similar or the same results or performance, and your results and performance are likely to vary or differ materially. The endorsements, testimonials or descriptions of past performance are individual experiences, reflecting real life experiences of customers or members, and are not representative of the results and performances of all customers and members.