Terms of Use, Conditions and Disclaimer

Terms of Use
By accessing and using this website of SwingTrades.com LLC  (sometimes referred to here as the “Company”), you are agreeing to be bound by these terms of use, conditions and disclaimer ("Terms of Use") and all applicable laws and regulations. If you do not agree with any part of these Terms of Use, you must immediately discontinue any use of the website. These Terms of Use may change from time to time without notice and it is your responsibility to check for updates. By using this website you are agreeing to be bound by the, then current version of these Terms of Use.

No Financial Advice
The information on the website is provided for information purposes only. All opinions, news, research, analysis, prices or other information contained on this website are provided as general market commentary and does not constitute investment advice or any other advice. The information is not intended to be and does not constitute financial advice or any other advice. The information on this website is general in nature and is not specific to you. You should not make any decision, financial or otherwise, based on any of the information on this site without undertaking your own due diligence. You agree that any and all use of the information, which you make, is solely at your own risk and without recourse to the Company or the content providers.

Substantial Risks Associated with Trading
The risk of substantial capital loss in stock, stock options, futures, futures options, and forex trading is substantial, and web site visitors and subscribers should consider whether trading these financial instruments and/or these markets is appropriate in light of their financial situation, risk tolerance, personality, age, experience, education, and health.  No amount of education or assistance can eliminate risk of loss.  Swingtrades.com does not investigate the individual subscriber’s circumstances and cannot know whether a subscriber should refrain from actual implementation of any particular strategy or recommendation.  Readers are encouraged to consult professional investment advice before making any purchase or sale decision.

Limitations of our Model or Actual Results
Results of web site visitors or subscribers attempting to replicate the activity and performance of a Swingtrades.com model or actual account may differ significantly due to slippage, market volatility, lack of liquidity, variations in transaction costs, and other factors.  Swingtrades.com makes no representation that web site visitors or subscribers will experience profits or losses similar to those disclosed.  Past results of any Swingtrades.com performance, whether model or actual, is no guarantee of future results. 

Model or hypothetical trading results, when presented, do not represent actual trading results and have inherent limitations.  Model account trades not actually executed cannot reflect the true impact or consequences of market transactions.  Hypothetical trading does not involve financial risk, and no hypothetical trading record can completely account for the impact of financial risk in actual trading.  In addition, any individual trader may not be able to withstand losses nor continue to adhere to a particular trading discipline, and this may also significantly impact the trader’s actual performance results.  Also, there are numerous other factors related to the financial markets in general or to the implementation of a specific trading program that cannot be fully accounted for in the generation of hypothetical performance results and that can affect actual trading results.

Disclosure Pertaining to Paid Advertisements and Employee Trading
Swingtrades.com from time to time or all the time may post on its web site or other media paid advertisements about a particular company or security.  SwingTrades.com receives fees from profiled companies or agents representing the profiled companies. These fees may be paid in cash or in stock and will be fully disclosed in each profile. Swingtrades.com discloses that one or more individuals associated with Swingtrades.com and/or their family members will have acquired a beneficial interest in the common stock of the company profiled in the paid advertisement prior to the date of publication of the paid advertisement and will stand to profit upon the publication of the advertisement.  These persons may be selling the securities of the profiled company on or after the date of publication of the profile, and may be purchasing or selling the securities of the profiled company at any other time.  Since SwingTrades.com receives compensation and its employees or members of their families may hold stock in the profiled companies, there is an inherent conflict of interest in SwingTrades.com’s statements and opinions, and such statements and opinions cannot be considered independent. Readers are strongly urged to conduct their own research of the advertised company and to consult their own professional advisors and any available public information about the company, including its press releases, financial statements, and material disclosures made in company SEC filings, if any.  Never make an investment decision solely based upon paid advertising.  Swingtrades.com does not review the accuracy of the information presented in any paid advertisement, nor do we guarantee its accuracy.  SwingTrades.com encourages its readers to invest carefully and to read the investor information available at the web site of the Securities and Exchange Commission (SEC), including the SEC’s EDGAR page, and/or the web site of the National Association of Securities Dealers (NASD).

Information pertaining to investment in a particular company profiled on the Swingtrades.com web site contains “forward looking statements” within the meaning of Section 27A of the Securities Act of 1933 and Section 21E of the Securities and Exchange Act of 1934. Any statements that express or involve discussions with respect to predictions, expectations, beliefs, plans, projections, objectives, goals, assumptions or future events or performance are not statements of historical facts and may be “forward looking statements”. Forward looking statements are based on expectations, estimates and projections at the time the statements are made that involve a number of risks and uncertainties which could cause actual results or events to differ materially from those presently anticipated. Forward looking statements may be identified through the use of words such as “expects”, “will”, “anticipates”, “estimates”, “believes”, or by statements indicating certain actions “may”, “could”, “should” or “might” occur. © SwingTrades, LLC

Accuracy of Information
The content on this website is subject to change at any time without notice and is provided for the sole purpose of assisting traders in making independent investment decisions. The Company has taken reasonable measures to ensure the accuracy of the information on the website; however, the company does not guarantee its accuracy and will not accept liability for any loss or damage which may arise directly or indirectly from the content or your inability to access the website, for any delay in or failure of the transmission or the receipt of any instruction or notification sent through this website.

No Solicitation
No part of this website should be taken to constitute an offer or solicitation to buy or sell products, services, securities or commodities. Some products, services, securities or commodities mentioned on this website may only be available in certain areas or jurisdictions. Any products or services mentioned on this website are made available in accordance with local laws and only where they may be lawfully offered for sale.

Distribution
This site is not intended for distribution, or use by, any person in any country where such distribution or use would be contrary to local law or regulation. None of the services or investments referred to in this Web site is available to persons residing in any country where the provision of such services or investments would be contrary to local law or regulation. It is the responsibility of visitors to this website to ascertain the terms of and comply with any local law or regulation to which they are subject.

Disclaimer of Warranty
THE MATERIALS ON THIS WBSITE ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO THE APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS.  THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE MATERIALS ON THIS WEBSITE OR ANY SITES LINKED TO THIS SITE.

Limitation of Liability
THE INFORMATION CONTAINED IN THESE WEBSITE PAGES IS COMPILED FOR THE CONVENIENCE OF SITE VISITORS, IS FURNISHED WITHOUT RESPONSIBILITY FOR ACCURACY, AND IS ACCEPTED BY THE SITE VISITOR ON THE CONDITION THAT ERRORS OR OMISSIONS SHALL NOT BE MADE THE BASIS FOR ANY CLAIM, DEMAND, OR CAUSE FOR ACTION. THE INFORMATION AND DATA IN THESE PAGES WERE OBTAINED FROM SOURCES BELIEVED TO BE RELIABLE, BUT THE COMPANY DOES NOT GUARANTEE THEIR ACCURACY. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF THE COMPANY OR A COMPANY  AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THERE IS CONSIDERABLE RISK OF LOSS IN DAY TRADING. PAST PERFORMANCE IS NOT INDICATIVE OF FUTURE RESULTS.

Securities and Exchange Commission Statement on Day Trading:

Your Dollars at Risk
Day traders rapidly buy and sell stocks throughout the day in the hope that their stocks will continue climbing or falling in value for the seconds to minutes they own the stock, allowing them to lock in quick profits. Day traders usually buy on borrowed money, hoping that they will reap higher profits through leverage, but running the risk of higher losses too.

As former SEC Chairman Levitt stated in his testimony before the U.S. Senate, "[Day trading] is neither illegal nor is it unethical. But it is highly risky." Most individual investors do not have the wealth, the time, or the temperament to make money and to sustain the devastating losses that day trading can bring.

Here are some of the facts that every investor should know about day trading:

Day traders typically suffer severe financial losses in their first months of trading, and many never graduate to profit-making status. Given these outcomes, it's clear: day traders should only risk money they can afford to lose. They should never use money they will need for daily living expenses, retirement, take out a second mortgage, or use their student loan money for day trading.

Day traders sit in front of computer screens and look for a stock that is either moving up or down in value. They want to ride the momentum of the stock and get out of the stock before it changes course. They do not know for certain how the stock will move, they are hoping that it will move in one direction, either up or down in value. True day traders do not own any stocks overnight because of the extreme risk that prices will change radically from one day to the next, leading to large losses.

Day traders must watch the market continuously during the day at their computer terminals. It's extremely difficult and demands great concentration to watch dozens of ticker quotes and price fluctuations to spot market trends. Day traders also have high expenses, paying their firms large amounts in commissions, for training, and for computers. Any day trader should know up front how much they need to make to cover expenses and break even.

Borrowing money to trade in stocks is always a risky business. Day trading strategies demand using the leverage of borrowed money to make profits. This is why many day traders lose all their money and may end up in debt as well. Day traders should understand how margin works, how much time they'll have to meet a margin call, and the potential for getting in over their heads.

Don't believe advertising claims that promise quick and sure profits from day trading. Before you start trading with a firm, make sure you know how many clients have lost money and how many have made profits. If the firm does not know, or will not tell you, think twice about the risks you take in the face of ignorance.

Some websites have sought to profit from day traders by offering them hot tips and stock picks for a fee. Once again, don't believe any claims that trumpet the easy profits of day trading. Check out these sources thoroughly and ask them if they have been paid to make their recommendations.

Find out whether a seminar speaker, an instructor teaching a class, or an author of a publication about day trading stands to profit if you start day trading.

Like all broker-dealers, day trading firms must register with the SEC and the states in which they do business. Confirm registration by calling your state securities regulator and at the same time ask if the firm has a record of problems with regulators or their customers. You can find the telephone number for your state securities regulator in the government section of your phone book or by calling the North American Securities Administrators Association at (202) 737-0900. NASAA also provides this information on its website at  www.nasaa.org/nasaa/abtnasaa/find_regulator.html.