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|Disclaimer of Liability|
The information contained herein is subject to change without notice.
Please also read the Terms and Conditions, Privacy Statement, and Risk Statement which are incorporated herein by reference.
No Personalized Advice
PowerOptionsApplied, Inc. (hereafter, POA) is a financial information news service. POA does not provide any personalized or individual investment advice to any subscriber. The staff members at POA are not brokers, advisers, financial consultants or securities dealers. We publish information regarding companies or indexes in which we believe our subscribers may be interested, and our reports reflect our sincere opinions. However, the information presented in this web site is not a personalized recommendation or a solicitation to buy, sell or hold any investment or security of any kind.
You should discuss the proper asset allocation and risk tolerance level that is appropriate for your personal situation with a professional financial planner/advisor. You should not make any trades or decisions with regard to investments without consulting a professional financial planner/advisor.
There is no guarantee that you will not lose money, or that you will make money, by following the research and trades that are presented on this web site and in related materials. Trading options or any other investment vehicle involves risk and may not be suitable for all investors. By trading our recommendations or other trades not shown but based on our recommendations, you are assuming all responsibility for the financial consequences. Losses can and will occur. Only risk capital should be invested.
Due to the time-critical nature of stock, options trading, brokerage fees, and the activity of other subscribers, POA cannot guarantee that either subscribers or non-subscribers will realize the outcomes stated in our web site content or other materials. As a result, the past results we post may be more or less than your actual results, if and when you trade. Moreover, past trading results are no guarantee of future performance.
Our web site content and related materials are based on our personal research and opinions, news and financial data available in the public domain, or other sources that we consider to be reliable, but cannot be guaranteed to be accurate or complete.
ANY AND ALL MATERIALS AND CONTENT DISTRIBUTED BY POA IS PROVIDED "AS IS." POA AND ITS AFFILIATES, AGENTS, LICENSORS AND VENDORS SPECIFICALLY DISCLAIM, WITHOUT LIMITATION, ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF ACCURACY, COMPLETENESS, MERCHANTABILITY, SUITABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THOSE WARRANTIES ARISING FROM A COURSE OF PERFORMANCE, A COURSE OF DEALING OR TRADE USAGE, OR ANY WARRANTY WITH RESPECT TO INFORMATION, DATA, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH POA.
Limitation of Liability
The limitation of liability set forth below is in addition to, and not in lieu of, any other limitation of liability set forth elsewhere in this document or in the Terms and Conditions, Privacy Statement, and Risk Statement.
Even if advised of the possibility of such damages, the liability of POA, its affiliates, agents, licensors and vendors, if any, arising out of any kind of legal claim, whether in contract, tort, negligence, or otherwise, shall be limited in the aggregate to direct and actual damages not to exceed the fees received by POA from the subscriber. POA will not be liable for consequential, incidental, punitive, special, exemplary or indirect damages resulting directly or indirectly from the use of or reliance upon any material, content, or information provided by POA.
Without limitation, POA shall not be responsible or liable for any loss or damages related to, either directly or indirectly: (1) any decline in market value or loss of any investment; (2) a subscriber's inability to use or any delay in accessing POA web site or any other source of material provided by POA; (3) any absence or deficiency of material on the POA web site; (4) POA's failure to deliver or delay in delivering any material; (5) any kind of error in transmission of material; or (6) any trades made by any broker, including any autotrading service, on any subscriber's or non-subscriber's behalf, whether based on POA's recommendations or otherwise, and whether or not caused in whole or in part by the negligence of POA, such autotrading service or otherwise. POA and the subscriber acknowledge that, without limitation, the above-enumerated conditions cannot be the probable result of any breach of any agreement between POA and the subscriber.
POA shall have no liability for any claims relating to any aspect of POA, including any software, technology, equipment, information or materials or that the web site, PowerOptions or POA itself meets any specific requirements or will be uninterrupted, timely, secure, complete, accurate or free from errors or defects. POA will not be held liable for intermittent failures to deliver web site content or related materials caused by the nature of the Internet. POA shall not be responsible for any subscriber's logon failure caused by spelling mistakes, Internet connection problems, software and web browser incompatibility, or any other error or malfunction. POA is not liable for its subscribers' denial of access to web site content due to Internet speed, routine hardware/software maintenance, network failures, or power outages.
Unless otherwise indicated, the performance statistics presented on this web site are not the results of actual trades. The closing results of the trades are shown if we recommend exiting a position early; otherwise each trade is assumed to have expired worthless and the full net credit average from the opening trades are assumed to be profit.
None of the performance statistics include taxes, commissions, margin interest, custodial fees or any other costs to which actual trades may be subject. These costs will reduce your returns. Past performance is no guarantee of future results.
Autotrading is an exclusive agreement between a subscriber and his or her broker. POA is not a party to any subscriber's autotrading agreement. POA is not affiliated with any brokerage firm and does not endorse or recommend any specific brokerage firm. The subscriber should proceed with caution before using an autotrading service. Your selection of, access to and use of an autotrading service is your sole responsibility and is at your sole risk.
POA is not responsible for, and will have no liability for, any trades made by any broker on any subscriber's or non-subscriber's behalf under any circumstances. You may not hold POA, its affiliates, staff, agents, licensors, and vendors, liable for any losses or damages (including, without limitation, consequential, special, incidental, direct, or similar damages) that may arise due to autotrading our recommendations through any autotrading service, whether or not caused in whole or part by negligence of POA and/or such autotrading service, or otherwise. You acknowledge, agree and accept to defend, indemnify, and hold POA, its affiliates, staff, agents, licensors, and vendors harmless from and against all liabilities, damages, claims, actions, costs, expenses (including attorneys fees), in connection with or arising from autotrading. Even if advised of the possibility of such damages, the liability of POA, its affiliates, staff, agents, licensors, and vendors, if any, arising out of any kind of legal claim (whether in contract, tort or otherwise) in any way connected with autotrading shall not exceed the amount you paid to us for the use of the POA service.
Due to circumstances beyond our control or circumstances within our control, errors or problems may occur when autotrading, including the possibility that trades recommended may not be executed or trades not recommended may be executed. If any error or problem occurs in whole or in part through the negligence of POA and/or an autotrading service in connection with autotrading resulting in a monetary loss and/or damages of any kind, you acknowledge, agree and accept that such monetary loss and/or damage is part of the inherent risk of autotrading. You therefore acknowledge, agree and accept that you will defend, indemnify, hold harmless and not pursue any legal action of any kind against POA, its affiliates, staff, agents, licensors, and vendors for any such monetary loss and/or damage, nor will you request from POA, its affiliates, staff, agents, licensors, and vendors any refund or compensation for any monetary loss and/or damage of any kind that you may have experienced due to an error or problem created by POA and/or the autotrading service or otherwise.
The Subscriber is solely responsible for understanding how to use the features of an autotrading service and for the set-up, monitoring and maintenance of the autotrading profile settings. It is solely the subscriber's responsibility to notify the autotrading broker immediately of any and all changes to the subscriber's account, including but not limited to: adding new services, changing address information, transferring services from one publication to another, cancelling services or service expiration.
It is the subscriber's sole responsibility to withdraw from the autotrading service when cancelling your subscription to POA or at any other time in which you decide to stop autotrading. You acknowledge, agree and accept that you may not hold POA, its affiliates, staff, agents, licensors, and vendors, liable for any trades that may be executed (and the losses associated with them) after cancelling your subscription to POA or after deciding you no longer wish to auto-trade.
POA, in its sole discretion, at any time may cease to make its publication available for autotrading by any autotrading broker and will notify subscribers if it no longer participates in an autotrading service.
Trading by POA Personnel
Our personnel may own positions in the equities and/or indexes that are discussed in our reports, and they may also participate in our recommended trades. POA personnel are otherwise prohibited from engaging in any transaction that competes with the interests of our subscribers, including any transaction that takes a position contrary to our recommended trades. While we believe that the limited distribution of our reports to a relatively small number of subscribers will not materially affect the price of any widely held security, our personnel will not engage in any transaction that may be designed to profit from the anticipated market impact of our recommendations. We are not compensated in any way for publishing information about companies mentioned in our reports, and we do not accept any funds from any companies to promote or recommend their securities.
From time to time, POA may have advertising or marketing agreements with various entities, including autotrading or other services. Any advertising or marketing materials appearing on POA's web site have been paid for by such entities and are solely for such entities' promotional purposes and are not recommendations or endorsements by POA.