You hereby acknowledge and agree that:
A. BCTS nor its owner are registered as an investment adviser. The Site and Services are publications of a general and regular circulation offering impersonalized investment-related information to users and/or prospective users and not tailored to any specific investment needs of any current and/or prospective users. Any content that is published as part of the Site or Services is not to be deemed as investment advice, such information is impersonal and not tailored to the investment needs of any specific person.
B. BCTS does not offer individual personalized investment advice, investment supervisory or money management services. You the user acknowledge that BCTS is not responsible for any losses, damages, or emotional trauma caused by any of the strategies, predictions, information or services that are on or associated with the site.
C. Each user agrees that he/she is responsible for their own investing and trading decisions and should independently evaluate whether to act on any of the information that is provided by BCTS. Each user hereby acknowledges that BCTS will not advise you personally, when concerning any specific investment strategy, portfolio, trend, risk tolerance or any other similar matter. These matters should be addressed with a trained and licensed financial adviser.
D. BCTS provides certain services ( paid and free ) i.e. videos, newsletters, articles etc. These may provide a view of positions that are held by BCTS or its Head Trader and trainer (Thomas Brandon). Due to any number of factors, including but not limited to, changing market conditions, economic news, Weather, international conflict or any other similar factors, the recommendations or positions held may only be valid for a specific moment in time (day, hour, minute or second of the chart/tape). Each user hereby agrees to independently evaluate and determine whether to act upon any such information. Furthermore, no user or prospective user should take any such recommendation as a substitute for individual personalized advice from an investment professional.
E. The services and products of BCTS may contain a "model portfolio" and this portfolio may have been developed based upon a specific or many specific investment strategies but not developed for any users financial situation. User's actual results may differ substantially from that of the "model portfolio" and stated investment strategies.
F. BCTS nor any of its owners, employees, traders, trainers, officers, directors or any other affiliates are registered as an investment adviser. Rather BCTS and its affiliates rely upon the "publisher's exclusion" from the definition of "investment adviser" as provided under Section 202(a)(11) of the Investment Advisers Act of 1940 and corresponding state securities laws. Hereby any information on our site or in our services offered should never be taken as, or replace personalized investment advice. BCTS only offers educational information to you the user or prospective user in the form of impersonal and not tailored to the investment needs of any specific person.
U.S. Regulatory Agency Required Disclosure:
Hypothetical performance results can have many differences from actual results. Hypothetical results have the advantage of hindsight and do not have the component of "Real" financial risk. There are a number of factors that cannot be accounted for during the preparation of a trading system/program using hypothetical performances such as the ability to withstand losses, follow a plan while suffering a draw down and adhere to a system while suffering losses. Past performance is no guarantee of future performance or success. It is possible to lose more than your original investment regardless of what instrument you trade IE. options, forex, futures, equities or securities. You should never invest money that you cannot afford to lose. Each asset class is expected to have different risk and return characteristics and will perform differently in any given market environment. You should consult your adviser or broker before making any investment decisions.
Any information that is made available by BCTS on this website or by any other supplemental means is not an offer or suggestion to buy or sell securities, forex, options, futures or any other investment instruments of any kind. If you choose to trade your own account based upon your reliance on BCTS strategies, you do so at your own risk. All information provided is for education purposes only and is based solely on our opinion(s) and experience(s). BCTS and I are not a licensed investment advisory service nor is it registered with any government agency for the purpose of providing trading advice. We have no intent or desire to suggest which securities, futures, options, currencies or any other investment instruments to buy or sell. Any testimonial that is provided, is not paid for and is done so voluntarily. The expressed opinions of those submitting their unique experiences are not necessarily indicative of future results nor are they meant to be representative of all of our clients. Your trading results may vary. Trading any financial instrument involves substantial risk and there is always the risk of loss.
CFTC RULE 4.41 - 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. NO REPRESENTATION IS BEING MADE THAT ANY ACCOUNT WILL, OR IS LIKELY TO ACHIEVE PROFITS OR LOSSES SIMILAR TO THOSE DISCUSSED WITHIN THIS SITE, SUPPORT AND TEXTS. OUR COURSE(S), PRODUCTS AND SERVICES SHOULD BE USED AS LEARNING AIDS ONLY AND SHOULD NOT BE USED TO INVEST REAL MONEY. IF YOU DECIDE TO INVEST REAL MONEY, ALL TRADING DECISIONS SHOULD BE YOUR OWN.
* Disclaimer of Warranties
The site, services and any content, product, news, pick, recommendation, information or any and all other data or service contained or referenced therein, or accessed through the site or service, is provided "As Is" and without representations or warranties of any kind, either expressed or implied. To the fullest extent permissible pursuant to applicable law, BCTS and its affiliates disclaim all warranties, express, implied or statutory, including, but not limited to, implied warranties of title, non-infringement, merchant ability, and fitness for a particular purpose and all warranties relating to the adequacy, accuracy or completeness of any information available through the Site or any Service.
BCTS and its affiliates do not warrant that our use of the Site or Services will be uninterrupted, error-free, secure, defects will be corrected or that the Site or Services are free of viruses or other harmful components. You acknowledge that you are responsible for obtaining and maintaining all computer hardware or any other equipment needed to access and use our Site and Services, and all the charges related thereto.
You expressly acknowledge that recommendations, picks and all other information and materials available through the Site or Services may contain inaccuracies or errors, or materials that violate the Terms and that unauthorized alterations could be made to the content available through the Site or Services by third parties. Although we attempt to ensure the integrity of the Site and Services, we make no guarantees as to the completeness or correctness of the Site or Services. You agree that BCTS shall not be liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, riots, insurrections, civil disturbances, fires, floods, storms, acts of god, war governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties.
On behalf of yourself and your heirs, successor and assigns, you hereby agree to indemnify, defend and hold BCTS and its Affiliates harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), or other expenses that arise directly or indirectly out of or from:
- Your use of the Site or any Service
- Your decision to follow or act upon any trend, pick, recommendation or opinion received, contained or referenced in or through the Site or any Service or from any third party service provider.
- Any inaccurate, incomplete or erroneous information received, contained or referenced in or through the Site or any Service, whetheror not BCTS had an opportunity to remove or correct such information.
- Your violation of these terms
- Your violation of any third party service provider terms, conditions and rules and/or the rights of any third party.
Limitation of Liability
On behalf of yourself and your heirs, successor and assigns, you hereby acknowledge and accept the limitations of the Site and Services, and agree, as a condition precedent to your access (or continued access) to the Site or Services that neither BCTS nor its Affiliates shall be liable or responsible to you (or anyone claiming though you) for any indirect, incidental, consequential, special, exemplary, punitive or other damages under any legal or equitable theory (including without limitation, contract, tort negligence, strict liability, statute, regulation, rule or other theory) arising out of or relating in anyway to the Site or any Service and any pick, recommendation, news, information, or other content, product or service received or obtained through the Site or any Service provided by BCTS or its affiliates. Your sole remedy for dissatisfaction with the Site or any Service is to stop using it. The sole and exclusive maximum liability to BCTS and/or any of its Affiliates in the aggregate for all damages, losses, and causes of action under any legal or equitable theory (including without limitation, contract, tort, negligence, strict liability, statute, regulation, rule or other theory) shall be the total amount actually paid BCTS, if any, for access to the Site or Services in the current calendar year in which the alleged damages were incurred.
Term and Termination
You acknowledge that the term of your use of the Site or any Service is "at will" in the sole discretion of BCTS. You agree that BCTS may, without prior notice to you, terminate your access to and use of the Site or any Service, with or without cause.
Changes to Terms
BCTS reserves the right, in its sole discretion, to change the Terms under which its Site and/or any Service is offered. The most current version of the Terms will supersede all previous versions. Your continued access or use of the Site or any Service after such changes shall be deemed acceptance by you of such changes. BCTS encourages you to periodically review the Terms, so you can be informed of our updates and changes.
The failure of us to exercise or enforce any right or provision of these terms of service shall not constitute a waiver of such right or provision.
We reserve the right to limit the availability of the service to any person we so desire for any reason in our sole discretion, an to limit the quantities of any such service or product that we provide.
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
The provision of this site and all services we provide you shall be governed by and construed in accordance with the laws of the state of California, in the United States.