Black Swan Capital LLC is strictly a research publishing firm and does not provide individual investment advice to its subscribers. The information we publish is based on our opinions plus our statistical and financial data and independent research. Although we make every effort to provide the most accurate and updated information possible, our information cannot take into consideration your personal finances and goals, and therefore is not intended to be used as customized recommendation to buy, hold, or sell securities, or engage in any trading strategy. Such recommendations may only be made by a personal advisor or the broker you select.
Most investments involve risk of loss. Although this service makes every effort to protect your principal, you can lose money. Therefore, it is not for all of your funds. If your goal for a certain portion of your funds is strictly capital preservation, we believe you should invest those funds in conservative investments. Currency and commodity investments, especially leveraged, should be considered speculative. For more information on prudent investing, see also the information available at the websites of the National Futures Association www.nfa.futures.org, the Securities and Exchange Commission at www.sec.gov and the Financial Industry Regulatory Authority at www.finra.org.
We believe our data sources are accurate, but we do not verify their accuracy independently. Therefore, we cannot assure you that the information is accurate or complete. Nor do we guarantee the success of any investment decision you may make using our data, information, or recommendations.
RISK DISCLAIMER AND HYPOTHETICAL RESULTS
While every effort is made to evaluate the actual experience of subscribers, most performance figures must be considered hypothetical, and past results are no guarantee of future performance.
HYPOTHETICAL PERFORMANCE RESULTS HAVE MANY INHERENT LIMITATIONS, SOME OF WHICH ARE DESCRIBED BELOW. NO REPRESENTATION IS BEING MADE THAT ANY ACCOUNT WILL OR IS LIKELY TO ACHIEVE PROFITS OR LOSSES SIMILAR TO THOSE SHOWN. IN FACT, THERE ARE FREQUENTLY SHARP DIFFERENCES BETWEEN HYPOTHETICAL PERFORMANCE RESULTS AND THE ACTUAL RESULTS SUBSEQUENTLY ACHIEVED BY ANY PARTICULAR TRADING PROGRAM. ONE OF THE LIMITATIONS OF HYPOTHETICAL PERFORMANCE RESULTS IS THAT THEY ARE GENERALLY PREPARED WITH THE BENEFIT OF HINDSIGHT. IN ADDITION, HYPOTHETICAL TRADING DOES NOT INVOLVE FINANCIAL RISK, AND NO HYPOTHETICAL TRADING RECORD CAN COMPLETELY ACCOUNT FOR THE IMPACT OF FINANCIAL RISK IN ACTUAL TRADING. FOR EXAMPLE, THE ABILITY TO WITHSTAND LOSSES OR ADHERE TO A PARTICULAR TRADING PROGRAM IN SPITE OF TRADING LOSSES ARE MATERIAL POINTS WHICH CAN ALSO ADVERSELY AFFECT ACTUAL TRADING RESULTS. THERE ARE NUMEROUS OTHER FACTORS RELATED TO THE MARKETS IN GENERAL OR TO THE IMPLEMENTATION OF ANY SPECIFIC TRADING PROGRAM WHICH CANNOT BE FULLY ACCOUNTED FOR IN THE PREPARATION OF HYPOTHETICAL PERFORMANCE RESULTS AND ALL OF WHICH CAN ADVERSELY AFFECT ACTUAL TRADING RESULTS.
References to examples of past performance are not intended to provide a total picture of portfolio results. Your results may vary considerably depending on a series of factors, including: (a) when you begin or cease investing, (b) which recommendations you choose to act on, (c) how much money you choose to invest in each recommendation, (d) the specific prices you get, (e) the broker commissions you pay, (f) the interest income you earn or lose on uninvested funds, and (g) the number and magnitude of losing or winning trades you experience.
Black Swan Capital personnel are prohibited from purchasing any exchange traded funds or currency options as is recommended in its publications.
LIMITATION ON BLACK SWAN CAPITAL LLC LIABILITY
Black Swan Capital’s liability, 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 Black Swan from Subscriber. Black Swan 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 provided by Black Swan. Without limitation, Black Swan 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 the Black Swan website or any other source of material provided by Black Swan; (3) any absence of material on the Black Swan website; (4) Black Swan’ failure to deliver or delay in delivering any material or (5) any kind of error in transmission of material; or (6) the use by a subscriber of any research to invest in any way which may be deemed unsuitable in accordance with certain industry standards. Black Swan and Subscriber acknowledge that, without limitation, the above-enumerated conditions cannot be the probable cause of any breach of any agreement between Black Swan and Subscriber. “No-risk” and “risk-free” refer solely to the subscription price refund policy.
DISCLAIMER OF WARRANTY
ANY AND ALL MATERIAL PROVIDED BY BLACK SWAN IS PROVIDED “AS IS” AND BLACK SWAN MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANT ABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
ACKNOWLEDGEMENT AND AGREEMENT
Not withstanding any other agreement or other communications between Black Swan and Subscriber to the contrary, receipt or use of any material provided by Black Swan, at any time and through any means, whether directly or indirectly, represents acknowledgement by such person of this disclaimer and agreement with its terms and conditions.
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