Terms of Use

The Options Clearing Corporation recently updated their Options Disclosure Document, Characteristics and Risks of Standardized Options,
as of June 3, 2024. For your reference, a PDF version of the document can be found on the OCC's website. (See below)

https://www.theocc.com/getmedia/dd6200a7-5982-4226-90e4-1f2d32a89911/june_2024_riskstoc.pdf

By clicking “I AGREE” and/or using or accessing the Site, you thereby agree, (a) that you have received, read and understood these Terms and Conditions, and that these Terms and Conditions create a valid and binding agreement, enforceable against you in accordance with the terms hereof, (b) to be bound by these Terms and Conditions, any terms, conditions or other rules, regulations or policies of Swatrading Inc, as each may be amended or supplemented from time to time in our sole discretion without notice, and (c) that your use of the Site shall comply with all applicable federal, state and local laws, rules or regulations, and that you are solely responsible for your compliance with, familiarity with and understanding of any such laws, rules or regulations applicable to your use of the Site. If you do not agree with any portion of these Terms and Conditions, you are prohibited from using or accessing the Site.

Additionally, and without limiting the foregoing, by using or accessing the Site, you represent and warrant to us that you: (a) are eighteen (18) years of age or older, (b) are not currently restricted from using the Site, or not otherwise prohibited from having an account with us, (c) are not a competitor of Swatrading Inc, or engaged in any business or activity, directly or indirectly, that could be competitive with the business or activities of Swatrading Inc, and are not using the Site for any reason that may be in competition with the Site or any other product or service offered by Swatrading
Inc, (d) have full power and authority to enter into and perform these Terms and Conditions, and doing so will not violate any other agreement to which you are a party, (e) will not violate any rights of Swatrading Inc, including, without limitation, intellectual property rights such as patent, copyright or
trademark rights, and (f) agree to provide, operate and maintain, at your sole risk, cost and expense, all equipment, software, and internet access necessary to use the Site.

Day-Trading Risk Disclosure Statement

You should consider the following points before engaging in a day-trading strategy. For purposes of this notice, a "day-trading strategy" means an overall trading strategy characterized by the regular transmission by a customer of intra-day orders to effect both purchase and sale transactions in the same security or securities.

Day trading can be extremely risky. Day trading generally is not appropriate for someone of limited resources and limited investment or trading experience and low risk tolerance. You should be prepared to lose all of the funds that you use for day trading. In particular, you should not fund day-trading activities with retirement savings, student loans, second mortgages, emergency funds, funds set aside for purposes such as education or home ownership, or funds required to meet your living expenses. Further, certain evidence indicates that an investment of less than $50,000 will significantly impair the ability of a day trader to make a profit. Of course, an investment of $50,000 or more will in no way guarantee success. Be cautious of claims of large profits from day trading. You should be wary of advertisements or other statements that emphasize the potential for large profits in day trading. Day trading can also lead to large and immediate financial losses.

Day trading requires knowledge of securities markets. Day trading requires in-depth knowledge of the securities markets and trading techniques and strategies. In attempting to profit through day trading, you must compete with professional, licensed traders employed by securities firms. You should have appropriate experience before engaging in day trading.

Day trading requires knowledge of a firm's operations. You should be familiar with a securities firm's business practices, including the operation of the firm's order execution systems and procedures. Under certain market conditions, you may find it difficult or impossible to liquidate a position quickly at a reasonable price. This can occur, for example, when the market for a stock suddenly drops, or if trading is halted due to recent news events or unusual trading activity. The more volatile a stock is, the greater the likelihood that problems may be encountered in executing a transaction. In addition to normal market risks, you may experience losses due to system failures.

Day trading will generate substantial commissions, even if the per trade cost is low. Day trading involves aggressive trading, and generally you will pay commissions on each trade. The total daily commissions that you pay on your trades will add to your losses or significantly reduce your earnings. For instance, assuming that a trade costs $16 and an average of 29 transactions are conducted per day, an investor would need to generate an annual profit of $111,360 just to cover commission expenses.

Day trading on margin or short selling may result in losses beyond your initial investment. When you day trade with funds borrowed from a firm or someone else, you can lose more than the funds you originally placed at risk. A decline in the value of the securities that are purchased may require you to provide additional funds to the firm to avoid the forced sale of those securities or other securities in your account. Short selling as part of your day-trading strategy also may lead to extraordinary losses, because you may have to purchase a stock at a very high price in order to cover a short position.

General

This website, together with our publications and social media pages and content (collectively, the "Site") is owned and operated by SWATRADING INC d/b/a Swatrading Inc® (“COMPANY,” “SWATRADING INC,” “Maria,” “Maria Schwartz,” "Edmy", "Edmy Salazar", "we" or "us"). By using the Site, you agree to be bound by these Terms of Service and to use the Site in accordance with these Terms of Service, our Privacy Policy, our Shipping Policy, our Return Policy, our Trading Policy and other disclosures, and any additional terms and conditions that may apply to specific sections of the Site or to products and services available through the Site or from COMPANY. Accessing the Site, in any manner, whether automated or otherwise, constitutes use of the Site and your agreement to be bound by these Terms of Service. 

We reserve the right to change these Terms of Service or to impose new conditions on use of the Site, from time to time, in which case we
will post the revised Terms of Service on this website. By continuing to use the Site after we post any such changes, you accept the Terms of Service, as
modified.

Intellectual Property Rights

Our Limited License to You. 

This Site and all the materials available on the Site are the property of us and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your personal noncommercial use. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.

Your License to Us. 

By posting or submitting any material (including, without limitation, comments, blog entries, Facebook postings, photos and videos) to us via the Site, internet groups, social media venues, or to any of our staff via email, text or otherwise, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are thirteen years of age or older. In addition, when you submit, email, text or deliver or post any material, you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as we deem appropriate.

You acknowledge and agree that any contributions originally created by you for us shall be deemed a “work made for hire” when the work performed is within the scope of the definition of a work made for hire in Section 101 of the United States Copyright Law, as amended. As such, the copyrights in those works shall belong to Swatrading Inc® from their creation. Thus, Swatrading Inc® shall be deemed the author and exclusive owner thereof and shall have the right to exploit any or all of the results and proceeds in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, in all languages, as Swatrading Inc® determines. In the event that any of the results and proceeds of your submissions hereunder are not deemed a “work made for hire” under Section 101 of the Copyright Act, as amended, you hereby, without additional compensation, irrevocably assign, convey and transfer to Swatrading Inc® all proprietary rights, including without limitation, all copyrights and trademarks throughout the universe, in perpetuity in every medium, whether now known or hereafter devised, to such material and any and all right, title and interest in and to all such proprietary rights in every medium, whether now known or hereafter devised, throughout the universe, in perpetuity. Any posted material which are reproductions of prior works by you shall be co-owned by us.

You acknowledge that Swatrading Inc® has the right but not the obligation to use and display any postings or contributions of any kind and that Swatrading Inc® may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.

Limitations on Linking and Framing. You may establish a hypertext link to the Site so long as the link does not state or imply any sponsorship of your site by us or by the Site. However, you may not, without our prior written permission, frame or inline link any of the content of the Site, or incorporate into another website or other service any of our material, content or intellectual property.

Disclaimers

Throughout the Site, we may provide links and pointers to Internet sites maintained by third parties. Our linking to such third-party sites does not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through the sites. In addition, neither we nor affiliates operate or control in any respect any information, products or services that third parties may provide on or through the Site or on websites linked to by us on the Site.

If applicable, any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors, and not Swatrading Inc®. Neither Swatrading Inc® nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content. Furthermore, Swatrading Inc® neither endorses nor is responsible for the accuracy and reliability of any opinion, advice, or statement made on any of the Sites by anyone other than an authorized Swatrading Inc® representative while acting in his/her official capacity.

THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITE AND BY COMPANY AND ANY THIRD-PARTY SITES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR MATERIALS ON THIS SITE OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.

You agree at all times to defend, indemnify and hold harmless Swatrading Inc® its affiliates, their successors, transferees, assignees and licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees of each from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to your breach of any obligation, warranty, representation or covenant set forth herein.

Online Commerce

Certain sections of the Site may allow you to purchase many different types of products and services online that are provided by third parties. We are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. If you make a purchase from a merchant on the Site or on a site linked to by the Site, the information obtained during your visit to that merchant's online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by both the merchant and us. A merchant may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies. In addition, when you purchase products or services on or through the Site, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services. For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant's website and click on its information links or contact the merchant directly. You release us and our affiliates from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase or use of any products or services made available by third parties through the Site.

Your participation, correspondence or business dealings with any third party found on or through our Site, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that Swatrading Inc® shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.

You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party's personal information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such third party's personal information.

Interactive Features

This Site may include a variety of features, such as bulletin boards, web logs, chat rooms, and email services, which allow feedback to us and real-time interaction between users, and other features which allow users to communicate with others. Responsibility for what is posted on bulletin boards, web logs, chat rooms, and other public posting areas on the Site, or sent via any email services on the Site, lies with each user - you alone are responsible for the material you post or send. We do not control the messages, information or files that you or others may provide through the Site. It is a condition of your use of the Site that you do not:

1) Restrict or inhibit any other user from using and enjoying the Site.

2) Use the Site to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.

3) Interfere with or disrupt any servers or networks used to provide the Site or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Site.

4) Use the Site to instigate or encourage others to commit illegal activities or cause injury or property damage to any person.

5) Gain unauthorized access to the Site, or any account, computer system, or network connected to this Site, by means such as hacking, password mining or other illicit means.

6) Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site.

7) Use the Site to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.

8) Use the Site to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder.

9) Use the Site to post or transmit any information, software or other material that contains a virus or other harmful component.

10) Use the Site to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising.

11) Use the Site to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without our express written approval.

12) Gather for marketing purposes any email addresses or other personal information that has been posted by other users of the Site.

Swatrading Inc® may host message boards, chats and other private/public forums on its Sites and on other platforms. Any user failing to comply with the terms and conditions of this Agreement may be expelled from and refused continued access to, the message boards, groups, chats or other such forums in the future. Swatrading Inc® or its designated agents may remove or alter any user-created content at any time for any reason. Message boards, chats and other public forums are intended to serve as discussion centers for users and subscribers. Information and content posted within these public forums may be provided by Swatrading Inc® staff, Swatrading Inc's® outside contributors, or by users not connected with Swatrading Inc®, some of whom may employ anonymous user names. Swatrading Inc® expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will we, our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants, and do not reflect the opinions of Swatrading Inc® or any of its subsidiaries or affiliates.

Swatrading Inc® has no obligation whatsoever to monitor any of the content or postings on the message boards, chat rooms or other public forums on the Sites. However, you acknowledge and agree that we have the absolute right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and visitors.

Registration

To access certain features of the Site, we may ask you to provide certain demographic information including your gender, year of birth, zip code and country. In addition, if you elect to sign-up for a particular feature of the Site, such as chat rooms, web logs, or bulletin boards, you may also be asked to register with us on the form provided and such registration may require you to provide personally identifiable information such as your name and email address. You agree to provide true, accurate, current and complete information about yourself as prompted by the Site's registration form. If we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). Our use of any personally identifiable information you provide to us as part of the registration process is governed by the terms of our Privacy Policy.

Passwords

To use certain features of the Site, you will need a username and password, which you will receive through the Site's registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING OUR MESSAGING, BLOGS, COMMENTS OF OTHERS, BOOKS, EMAILS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE OR BY US IN ANY WAY, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE'S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE PRODUCTS, SERVICES AND/OR MATERIALS.

THIS SITE IS CONTINUALLY UNDER DEVELOPMENT AND COMPANY MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.

WITH REGARDS TO FINANCIAL CONTENT ON THE SITE:

THE SITE EXISTS FOR EDUCATIONAL PURPOSES ONLY, AND THE MATERIALS AND INFORMATION CONTAINED THEREIN ARE FOR GENERAL INFORMATIONAL PURPOSES ONLY. WITH REGARD TO FINANCIAL CONTENT CONTAINED THEREIN: NEITHER COMPANY NOR ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS AND AGENTS ARE FINANCIAL ADVISORS, OR AN INVESTMENT ADVISORY SERVICE, AND NOTHING CONTAINED IN THE SITE IS INTENDED TO BE OR TO BE CONSTRUED AS FINANCIAL ADVICE, OR LEGAL, COMPLIANCE, FINANCIAL, TAX, ACCOUNTING OR RELATED ADVICE.

THE INFORMATION CONTAINED ON THE SITE IS BASED ON SOURCES AND INFORMATION REASONABLY BELIEVED TO BE ACCURATE AS OF THE TIME IT WAS RECORDED OR CREATED. HOWEVER, THIS MATERIAL DEALS WITH TOPICS THAT ARE CONSTANTLY CHANGING AND ARE SUBJECT TO ONGOING CHANGES RELATED TO TECHNOLOGY AND THE MARKET PLACE AS WELL AS LEGAL AND RELATED COMPLIANCE ISSUES. THEREFORE, THE COMPLETENESS AND CURRENT ACCURACY OF THE IN THE SITE CANNOT BE GUARANTEED.

THE EDUCATION AND INFORMATION PRESENTED ON THE SITE IS INTENDED FOR A GENERAL AUDIENCE AND DOES NOT PURPORT TO BE, NOR SHOULD IT BE CONSTRUED AS, SPECIFIC ADVICE TAILORED TO ANY INDIVIDUAL. YOU, AS AN END USER OF THIS INFORMATION MAY THEREFORE USE THIS CONTENT AS A GENERAL GUIDELINE AND NOT AS THE ULTIMATE SOURCE OF CURRENT INFORMATION AND WHEN APPROPRIATE, YOU UNDERSTAND THAT YOU SHOULD CONSULT YOUR OWN LEGAL, ACCOUNTING OR OTHER ADVISORS.

ANY CASE STUDIES, EXAMPLES, ILLUSTRATIONS, OR TESTIMONIALS CANNOT GUARANTEE THAT YOU WILL ACHIEVE SIMILAR RESULTS. IN FACT, YOUR RESULTS MAY VARY SIGNIFICANTLY AND FACTORS SUCH AS YOUR MARKET, PERSONAL EFFORT AND MANY OTHER CIRCUMSTANCES MAY AND WILL CAUSE RESULTS TO VARY.

YOUR USE OF THE INFORMATION CONTAINED HEREIN IS AT YOUR OWN RISK. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT CONTAINED IN THE SITE. YOU WILL SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT.

ANY AND ALL CLAIMS OR REPRESENTATIONS, AS TO INCOME EARNINGS ON THE SITE, ARE NOT TO BE CONSIDERED AS AVERAGE EARNINGS. THERE CAN BE NO ASSURANCE THAT ANY PRIOR SUCCESSES, OR PAST RESULTS, AS TO INCOME EARNINGS, CAN BE USED AS AN INDICATION OF YOUR FUTURE SUCCESS OR RESULTS.

MONETARY AND INCOME RESULTS ARE BASED ON MANY FACTORS. COMPANY HAS NO WAY OF KNOWING HOW WELL YOU WILL DO, AS THEY DO NOT KNOW YOU, YOUR BACKGROUND, YOUR WORK ETHIC, OR YOUR BUSINESS SKILLS OR PRACTICES. THEREFORE, COMPANY DOES NOT GUARANTEE OR IMPLY THAT YOU WILL GET RICH, THAT YOU WILL DO AS WELL, OR THAT YOU WILL MAKE ANY MONEY AT ALL. IF YOU RELY UPON FIGURES PROVIDED IN THE SITE; YOU MUST ACCEPT THE RISK OF NOT DOING AS WELL.

Forward Looking Statements. Some of the content and information we provide may contain forward-looking statements, which are based on current expectations, estimates and projections. Any such forward looking statements or forecasts are based on assumptions; actual results are expected to vary from any such statements or forecasts. No reliance should be placed on any such statements or forecasts when making any investment decision.

Further, any opinions expressed in a Swatrading Inc publication are statements of judgment as of the date of publication, subject to change without further notice, and may not necessarily be reprinted in future publications or elsewhere. Investment recommendations provided herein are subject to change at any time. Past and current recommendations that are profitable are not indicative of future results, which may in fact result in a loss.

Furthermore, a report may contain hypothetical or simulated performance results, which have certain limitations. Unlike an actual performance record, simulated results do not represent actual trading in real markets. 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. No representation is being made that any account will or is likely to achieve profit or losses similar to those shown in this report or any other SWATRADING INC publication.

Potential for Loss.

While we are hopeful that the information provided in our publications leads our readership to make money, there is substantial risk in investing. You may lose some, or all, of the principal you invest in the market. This can happen due to market conditions, political risk, interest rates, company specific risk, and a wide array of other, unforeseen events.

In addition, while our recommendations have been successful in some cases in the past, past performance is not a predictor of future success. Individual investments, based on purchases and sales at various points in time, may yield different results.

There are additional risks associated with specific kinds of securities. For example, foreign exchange investments can be particularly susceptible to political and economic risk, which can generate large fluctuations. Similarly, leveraged investments, where debt is used to potentially enhance returns or diminish losses, can lead to severe losses depending on conditions.

There is also the issue of volatility (price fluctuations) and liquidity (the ability to rapidly find a buyer or seller on the other side of a transaction) that may affect trading, particularly with respect to what are referred to as “microcap” or penny stock shares. Those kinds of investments may move up and/or down substantially in a single trading day and may encounter liquidity issues because of a lack of counter-parties to the transaction and/or market stops by regulators or marketplaces.

As stated above, no representation or implication is being made that using the strategies or tactics, or the information in any SWATRADING INC publication or on its website will generate profits or ensure avoidance of losses.

YOU SHOULD VERIFY ALL CLAIMS AND DO YOUR OWN RESEARCH BEFORE INVESTING IN ANY SECURITIES MENTIONED ON THIS WEBSITE. INVESTING IN SECURITIES IS SPECULATIVE AND CARRIES A HIGH DEGREE OF RISK. YOU MAY LOSE PART OR ALL OF YOUR PRINCIPAL INVESTMENT.

Your Obligation to Verify.

 All information contained in Company’s publications should be independently verified with the subject company. You should review a complete information package on all companies, which should include, but not be limited to, the Company’s annual report, quarterly reports, press releases and all regulatory filings. We urge customers to perform their own due diligence.

Trading and Disclosure. SWATRADING INC and its members, managers, writers and employees, and their families, from time-to-time take positions in the securities of the companies discussed within SWATRADING INC publications. SWATRADING INC has established a strict policy relating to such transactions. For more information on our Company trading policies and practices, please see our 

Financial Disclosure and Earnings Disclaimer.

Termination

We may cancel or terminate your right to use the Site or any part of the Site at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Site affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Site, and the disclaimers and limitations of liabilities set forth in these Terms of Service, shall survive.

Refund Policy

Your purchase of a product or service or ticket to an event may or may not provide for any refund. Each specific product, service, event or course will specify its own refund policy.

Digital Millennium Copyright Act

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by Swatrading Inc® infringe your copyright, you, or your agent may send to Swatrading Inc® a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon Swatrading Inc® actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to Swatrading Inc® a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright

for details. Swatrading Inc's® Copyright Agent for notice shall be [email protected]

Assignment

This Agreement shall be binding upon and inure to the benefit of Swatrading Inc® and our respective assigns, successors, heirs, and legal representatives. Neither this Agreement nor any rights hereunder may be assigned without the prior written consent of Swatrading Inc® Notwithstanding the foregoing, all rights and obligations under this Agreement may be freely assigned by Swatrading Inc® to any affiliated entity or any of its wholly owned subsidiaries.

Dispute Resolution

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Delaware and any dispute shall be subject to binding arbitration in Los Angeles, Delaware. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

Class Action Waiver

You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed.

The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless all relevant parties specifically agree to do so following initiation of the arbitration.

Severability

If any clause within these Terms of Service (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from these Terms of Service, and the remainder of these Terms of Service will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the dispute will be decided by a court.

Without limiting the generality of the foregoing or any other provision hereof, you acknowledge and agree, as follows:

That the content, materials, services and other intellectual property contained or embodied in the Site are owned by Swatrading Inc and are protected by patent, copyright, trademark and other similar laws;

Not to promote, offer for sale or sell any product or service, including, without limitation, any financial or investment product, security or service, or any contest or promotion;

Not to transmit, send or otherwise post unauthorized commercial communications (such as spam), or other similar materials or advertisements, using the Site;

Not to access the Site using any automated means, including, without limitation, harvesting bots, robots, spiders, or scrapers;

Not to engage in multi-level marketing using the Site, including, without limitation, pyramid schemes and similar marketing concepts;

Not to upload, use or disseminate viruses or other malicious code or other abusive scripts or processes;

Not to solicit login, account or other personal information of another person or request or obtain access to an account of another person;

Not to bully, intimidate, or harass any person;

Not to post content that is hateful, threatening, or pornographic, incites violence, or contains nudity, graphic material, gratuitous violence or anything else found to be objectionable by Swatrading Inc in its sole discretion;

Not to use the Site in any manner that is, or could reasonably be construed to be, unlawful, including, without limitation, in violation of any law, rule or regulation related to securities or investments, or any rules or regulations promulgated by the U.S. Securities and Exchange Commission, and/or rules of any national or other securities exchange and any regulations or other pronouncements having the force of law;

Not to use the Site in any manner that is, or could reasonably be construed to be, in violation of these Terms and Conditions, fraudulent, misleading, malicious or discriminatory;

Not to take any action that could disable, overburden, or impair the operation or availability of the Site, such as a denial of service attack;

Not to engage in manipulative practices designed to obfuscate the true intent of your submissions to the Site, or to artificially generate traffic to another website;

Not to facilitate or encourage any violations of these Terms and Conditions;

Not to post or make any defamatory, disparaging or false statements, claims or allegations related to the Site, Swatrading Inc, or any other product or service of Swatrading Inc;

Not to make your account or any portion thereof or the services provided thereby available to the general public or any portion thereof;

Not to issue chargeback disputes against Swatrading Inc.

Not to use patented, copyrighted, trademarked or other protected intellectual property without the written consent and authorization of the owner of such property;

Not to copy, distribute or disseminate the Site or any portion thereof, and not to transfer the Site, or any portion thereof, to another person or “mirror” the Site, or any portion thereof, on any other server;

Not to decompile or reverse engineer, or attempt to decompile or reverse engineer, the Site or any portion thereof; and

Not to take any other action that could result in any damage or disruption to the Site, or that could otherwise result in any liability, damages, costs or expenses on the part of Swatrading Inc.

Not to share personal information with members, or request personal information from members.

All content, materials and services related to the Site shall be solely used for, and you hereby agree to solely use it for, your own personal use in connection with your trading activities, and for no other use.

Violating any of the aforementioned will result in immediate removal from Swatrading Inc and forfeits your right to request a refund.

Ownership; Limited License

By becoming a customer of Swatrading Inc and using the Site, Swatrading Inc hereby grants to you a limited revocable license to use the Site, and its content, materials and services, solely for your personal use and for the purposes set forth on the Site, and subject to these Terms and Conditions and all other rules, regulations and policies imposed or adopted by Swatrading Inc in connection with the Site, which may be amended by Swatrading Inc at any time in its sole discretion and without notice. Such limited revocable license is freely revocable and terminable by Swatrading Inc at any time, without cause and in the sole discretion of Swatrading Inc. Without limiting the foregoing, this limited revocable license shall automatically be revoked and terminated upon any violation of these Terms and Conditions or any other rule, regulation or policy of Swatrading Inc. Upon revocation or termination of this limited revocable license, you shall, and hereby agree to, destroy any materials (electronic or otherwise) related to the Site that remain in your possession or control, and acknowledge that after such revocation or termination Swatrading Inc may deny your access to the Site and any other Swatrading Inc content, materials or services in its sole discretion. Any personal information of a user whose limited revocable license is revoked or terminated by Swatrading Inc will be preserved or disposed of in accordance with the terms of the Privacy Policy of Swatrading Inc. Any information you submit to Swatrading Inc is at your own risk of loss, and Swatrading Inc assumes no liability or responsibility therefor.

Swatrading Inc reserves all rights not expressly granted in these Terms and Conditions, including, without limitation, title, ownership, intellectual property rights, and all other right, title and interest in and to the Site, the products and services of Swatrading Inc, and all related content, materials, services, and other documents, information or items, including any copies or derivative works thereof. You acknowledge and agree that the Site, the products and services of Swatrading Inc, and all related content, materials, services, and other documents, information or items, including any copies or derivative works thereof, is owned by Swatrading Inc, and is protected by copyright, trademark and other intellectual property laws. You further acknowledge and agree that the Site, the products and services of Swatrading Inc, and related content, materials, services, and other documents, information or items, including any copies or derivative works thereof, contains certain proprietary data and information of Swatrading Inc, that you will not use this data or information for any unlawful or unauthorized purpose, and that you will use reasonable efforts to protect them from illicit distribution or use.

Additionally, you grant Swatrading Inc an exclusive, irrevocable, worldwide, perpetual, unlimited, freely assignable and sublicenseable, fully paid up and royalty-free right to use, copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyze and commercialize, in any way now known or in the future discovered, any information, content, ideas, concepts, techniques, data or suggestions submitted to the Site for the purpose of improving or modifying the Site, or any content, materials or services, or for the purpose of creating or developing new content, materials, services or product related to, arising from or ancillary or similar to the Site, without any further consent, notice and/or compensation to you or to any third parties.

Consent to Utilize Audio, Video and Photography from Live Events

Swatrading Inc may host in person events from time to time. These events may be recorded and photographed for marketing and/or the production of educational content. By attending Swatrading Inc events, you agree to allow Swatrading Inc to utilize audio, video, and photographs that you may appear in.

Violation; Termination of Account

Swatrading Inc reserves the right to investigate violations of any of these Terms and Conditions or any other policies of Swatrading Inc or the Site, or any other violations of any state, federal or local law, rule or regulation, and to pursue any remedy available to Swatrading Inc whether at law, in equity or otherwise. You hereby acknowledge and agree that Swatrading Inc may notify, involve and cooperate with law enforcement authorities in investigating and prosecuting users who violate these Terms and Conditions or any other policies of Swatrading Inc or the Site, and any other violations of any state, federal or local laws, rules or regulations. You further acknowledge and agree that Swatrading Inc has no obligation to, and does not, screen or monitor any users, information, materials or other content provided or made available through the Site, but has the right to do so at any time in its sole discretion. You further acknowledge and agree that Swatrading Inc may, in its sole discretion, remove or delete any entries, information, materials or other content, and terminate the subscription, membership or account (collectively, your “account”) of any user, that violates these Terms and Conditions or otherwise posts, submits, or disseminates content that Swatrading Inc finds, in its sole discretion, to be objectionable.

You acknowledge and agree that Swatrading Inc may, in its sole discretion, cancel, suspend or terminate your account if you breach these Terms and Conditions. Swatrading Inc may refuse, in its sole discretion, to permit any use of the Site, and may refuse to permit any person to access or use the Site or your account for any reason at any time.

Purchases and Refunds

Through the Site, Swatrading Inc offers both individual products for sale and subscription, membership or other periodic fee-based services. For individual products purchased through the Site, a valid credit or debit card will be required to complete the purchase and the amount of the purchase will be charged to the credit card concurrently with the completion of the purchase on the Site. When you purchase an individual product, you will receive a streaming or digital version; no physical copies of products or other materials will be shipped or provided to you unless requested or part of the purchase.

When purchasing subscription, membership or other periodic fee-based services on the Site, a valid credit or debit card will be required for billing purposes. You hereby consent to, acknowledge and allow Swatrading Inc to store (or cause a third party to store on behalf of Swatrading Inc) such payment information and agree to the following policies and procedures for payment of subscription, membership or other periodic fees related to the Site.

Immediately upon signing up for an account or other periodic fee-based services on the Site, the fees associated with the first period or term of your selected account or service (monthly, quarterly, annual, as applicable) will be charged to such credit or debit card. Within ten (10) business days prior to the expiration of the initially selected period or term, and each subsequent such period or term until your account or other periodic service is cancelled in accordance with these Terms and Conditions, the fees associated with your selected account or service for the following applicable period or term will be automatically renewed, and an amount for your renewed account or service will be billed and charged to such credit card by Swatrading Inc in accordance with the Site’s then-current pricing schedule. If the credit or debit card associated with your account or service should expire, terminate or any payment is otherwise rejected by the issuing company, Swatrading Inc may immediately terminate your account or service. It is solely your responsibility to ensure (1) that valid credit or debit card information remains on file for your account or service and the automatic renewal thereof, and (2) that a valid email address remains on file for your account or service for any communications from Swatrading Inc related thereto.

All payments made to Swatrading Inc in connection with any product purchased or account or service, and any renewal thereof, are non-refundable, except for those products specifically stating a money-back guarantee; and Swatrading Inc does not offer, and is not required to provide, any refunds or credits for any reason, including, without limitation, satisfaction or your failure to cancel your account or service prior to its automatic renewal. There is no circumstance in which you will be entitled to, or Swatrading Inc is required to provide, a refund or credit for any reason, including, without limitation, satisfaction or your failure to cancel your account or service prior to its automatic renewal, except for those products which specifically state a 30-Day money back guarantee.

All fees charged by Swatrading Inc in connection with any product purchased or account or service of the Site are exclusive of any taxes, levies, or duties imposed by any taxing authority, and you shall be, and hereby are, responsible for the payment of all such taxes, levies, or duties arising from your purchase of products or use of the Site.

Modifications to the Site and Pricing

Swatrading Inc reserves the right to, and you acknowledge and agree that Swatrading Inc may, modify the Site, including without limitation the content, materials and services offered thereby, and the fees, costs and pricing associated with the Site at any time and without notice. Without limiting the generality of the foregoing, Swatrading Inc reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part or portion thereof) without notice. Any new features that augment or enhance the then-current version of the Site, including the release of new tools and resources, shall be subject to these Terms and Conditions and may result, in Swatrading Inc’s sole discretion, to a price increase. Swatrading Inc shall not be liable to you, or to any third party, for any damages, costs, expenses or other liabilities related to any modification, price change, suspension or discontinuance of the Site.

Without limiting the foregoing, Swatrading Inc may use banner notices or similar devices to alert you to certain modifications to the Site or the pricing associated therewith. Alternatively, notice may consist of an email from Swatrading Inc or the Site to an email address associated with your account or service, even if we have other contact information. You also agree that Swatrading Inc may communicate with you through any available means including email, mobile number, telephone, or delivery services, including the postal service, about your account or service or any products or services associated with the Site. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Site or pricing.

Cancellations

Your account or service may be cancelled, subject to the terms hereof, at any time; provided that, as set forth above, no refunds will be issued if your account or other periodic fee-based service is cancelled prior to the end of the applicable period or term.

When you cancel, you are solely responsible for properly canceling your account or service. Your account or service may be cancelled at
any time by requesting so at [email protected] or the chat box on the site, which cancellation request must receive a confirmation of receipt from Swatrading Incand which cancellation will be processed by Swatrading Inc in accordance with its timelines and procedures for email cancellations. Cancellation requests by telephone, facsimile or other means of communication cannot, and will not, be accepted, honored or effective. The cancellation of your account or service will immediately result in the deactivation and deletion of your account or service, the denial of access to the Site and the forfeiture and relinquishment of all content and information within or related to your account or service. No data, content or information can be recovered once your account or service is cancelled, and you assume all responsibility for preserving any data, content or information on your account or service prior to its cancellation. Swatrading Inc may retain data, content or information from your account after cancellation in backup and/or archival copies of the Site and related databases, but such copies, if any, will not be available to you.

Your Responsibility

Swatrading Inc is not registered as an investment adviser with the U.S. Securities and Exchange Commission. Rather, Swatrading Inc relies upon the “publisher’s exclusion” from the definition of “investment adviser” as provided under Section 202(a)(11) (D) of the Investment Advisers Act of 1940 and corresponding state laws. As such, Swatrading Inc does not offer or provide personalized investment advice. To the extent any of the content, material, information and/or any other kind of informational offering published, broadcast, or otherwise stated on this, and/or associated websites, may be deemed to be “investment advice”, such information is impersonal and not tailored to the investment needs of any specific person. The information contained within this, and/or, associated websites, is provided for informational and educational purposes only. The information should not be construed 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 Swatrading Inc, the Site and the other products and services of Swatrading Inc, is solely incidental to the business and activities of Swatrading Inc in providing educational services.

You remain solely responsible for all decisions regarding your purchase and sale of securities, the suitability, profitability or appropriateness for you of any security, investment, financial product, investment strategy or other matter, and all other matters related to your investments and investment strategies. Swatrading Inc does not and will not provide you with any legal, tax, estate planning or accounting advice, or any advice regarding the suitability, profitability or appropriateness for you of any security, investment, financial product, investment strategy or other matter. You understand, acknowledge and agree that Swatrading Inc employees are not authorized to give any such advice, you will neither solicit nor rely on any investment advice from any Swatrading Inc employee. Swatrading Inc recommends that persons desiring to trade or invest in securities do so cautiously and only in consultation with their professional, licensed and qualified financial, legal, tax, estate planning and accounting advisors.

No data, content or information provided by Swatrading Inc, the Site or the other products and services of Swatrading Inc, is intended, and shall not constitute or be construed as, advice or any recommendation to buy or sell 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. Swatrading Inc is not registered as an investment adviser either with the U.S. Securities and Exchange Commission, any other federal or national governmental or regulatory authority, or any state securities governmental or regulatory authority, and the business and activities of Swatrading Inc do not require any such registration.

Research, Informational and Educational Purposes Only

Neither the customer service representatives, nor Swatrading Inc, offers or provides personalized investment advice. All data, content and information within customer service is impersonal and not tailored to the investment needs of any specific person. Such data, content and information is provided for research, informational and educational purposes only.

The examples in courses of securities are provided to help you research and evaluate securities based on your individual criteria, sorting and inputs. Those individual criteria, sorting and inputs are controlled and entered solely by you. Use of these examples does not indicate or guaranty any predictable, general, specific or other results. The lesson examples are only one of many ways that you may research and evaluate securities and you should not rely upon the course or class lessons, or any data, content and information therein, as the sole basis for an investment decision or transaction. If you choose to rely on the data and examples in the course lessons, or any such data, content or information, you understand, acknowledge and agree that you are doing so solely at your own risk and bear sole responsibility for your own investment research and decisions. You remain solely responsible for all decisions and transactions regarding your purchase and sale of securities, the suitability, profitability or appropriateness for you of any security, investment, financial product, investment strategy or other matter, and all other matters related to your investments and investment strategies.

Swatrading Inc does not and will not provide you with any legal, tax, estate planning or accounting advice, or any advice regarding the suitability, profitability or appropriateness for you of any security, investment, financial product, investment strategy or other matter. The data, content and information within the examples should not be construed as investment or trading advice, and is not meant to be a solicitation or recommendation to buy, sell, or hold any positions in any securities or to engage in any other transaction. Such data, content and information provided by the examples is solely incidental to our business and activities in providing educational services.

Data, Content and Information

No data, content or information provided by Swatrading Inc, the Site or the other products and services of Swatrading Inc, is intended, and shall not constitute or be construed as, advice or any recommendation to buy, sell or hold a particular security or pursue any particular investment strategy.

Swatrading Inc neither assumes responsibility for, nor guarantees the accuracy, currency, completeness or usefulness of information, commentary, recommendations, advice, investment ideas or other materials that may be accessed by you through the Site or the other products or services of Swatrading Inc. This includes, without limitation, any forum, chatroom or other online conference, telecast or posting through Swatrading Inc. If you choose to rely on such information, you understand, acknowledge and agree do so solely at your own risk. You understand, acknowledge and agree that the research, analysis, news or other information made available through the Site or the other products or services of Swatrading Inc 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 Swatrading Inc, the Site or the other products and services of Swatrading Inc.

Swatrading Inc cannot, and does not, independently verify, assess or guarantee the validity, adequacy, timeliness, accuracy or completeness of any data, content or information, the suitability or profitability of any particular security or investment, or the potential value of any security, investment or informational source. You bear sole responsibility for your own investment research and decisions, and should seek the advice of a professional, licensed and qualified securities professional before purchasing or selling any security or making any investment.

Any blogs, forum and chatrooms on the Site are comprised of customers and members (including, without limitation, moderators who are in the employ of Swatrading Inc) posting content and information. All such information and content is for informational purposes only and does not constitute advice or a recommendation by Swatrading Inc to enter into any securities transactions or engage in any of the financial strategies reflected on or suggested in forum and chatrooms (whether such data, content or information is posted by Swatrading Inc or otherwise). Customers and members may write about securities in which they have a financial or other interest, and performance data reflecting other customer’s or member’s holdings may include information about securities not held by Swatrading Inc or its directors, officers, shareholders, employees, agents or affiliates. As such, Swatrading Inc is not responsible for the accuracy of data, content or information or any performance data in any forum or chatroom; and the accuracy of data, content or information or any performance data are not guaranteed, may not be current and should not be relied upon. Nothing in any forum or chatroom is intended as, nor should you rely on it as, investment advice provided by Swatrading Inc or its directors, officers, shareholders, employees, agents or affiliates.

Swatrading Inc does not control, and does not endorse, any data, content or information posted on the forum or chatroom on the Site. You understand, acknowledge and agree that your participation therein is at your own risk, and Swatrading Inc expressly disclaims responsibility for any such data, content or information. Swatrading Inc has the right (but not the obligation) to review and take down any data, content or information. You understand, acknowledge and agree that by accessing the forum or chatroom on the Site, you may be exposed to material that you deem to be offensive, indecent, obscene or otherwise objectionable. Under no circumstances will you hold Swatrading Inc, or its directors, officers shareholders, employees, agents or affiliates, liable for any such content displayed or made available through the Site, or for any loss or damage of any kind incurred as a result of your use of the forum or chatroom on the Site.

Without limiting the generality of the foregoing, you understand, acknowledge and agree that chat room moderators may call out or post both real and hypothetical trades and real and simulated or hypothetical returns for informational and educational purposes only. Moderator commentary is opinion and ideas only and does not constitute any recommendation whatsoever, and you should not relay on such opinions and ideas which may not be complete or accurate. Each of Swatrading Inc’s services, products and site are available for informational and educational purposes only. None of the information contained in the site (which includes, without limitation, our alerts service and chat room) constitutes, or is intended to constitute, a recommendation by us of any particular security or trading strategy or a determination by us that any security or trading strategy is suitable for any specific person. We are publishers and educators only.

You understand, acknowledge and agree that MODERATOR results may be based on simulated or hypothetical performance, and such results have certain inherent limitations. Unlike the results shown in an actual performance record, such results do not represent actual trading. Your actual results may differ from results reported for many reasons, including, without limitation: performance results do not reflect actual trading commissions that You may incur; performance results do not account for the impact, if any, of certain market factors, such as lack of liquidity, that may affect Your results; the investments chosen may be volatile, and server, delivery delays and other factors may cause the price You obtain to differ substantially from the price at the time of the alert; the prices of investments at the point in time You begin subscribing may be higher than such prices at the time such investments were chosen; You may not have the capital to trade as frequently as the moderator; and the size and timing of your purchase or sale of a stock may affect the price of the stock, among other reasons.

You understand, acknowledge and agree that, For informational and teaching purposes only, trades may be called out, posted, or alerted, but not executed. You understand, acknowledge and agree that moderators may sometimes purchase or sell securities sooner or later than called out, posted or alerted. Moderators are also not required to disclose all trades, and their positions may be inconsistent with trades. Also, because some trades may not actually have been executed, results may have under-or-over-compensated for the impact, if any, of certain market factors, such as liquidity. Simulated or hypothetical trading programs in general are also subject to the fact that they are designed with the benefit of hindsight. You understand, acknowledge and agree that the Site contains simulated or hypothetical trading programs. No representation is being made that any account will or is likely to achieve profits or losses similar to these being shown.

You understand, acknowledge and agree that Swatrading Inc and its directors, officers, shareholders, employees, agents and affiliates have no obligation to notify you as to which trades and returns are real versus simulated or hypothetical, and that Swatrading Inc, and its directors, officers, shareholders, employees, agents and affiliates do not verify moderator trade records or maintain records of moderator trades and results, and that moderators have no obligation to provide Swatrading Inc any data.

Through your use of the site, You expressly contract and consent to the operations of Swatrading Inc (including the moderator actions and omissions discussed above) and release Swatrading Inc, and its directors, officers, shareholders, employees, agents and affiliates from any liability, claim, loss, cost, expense, and any other damages arising from or relating to moderator statements (written or oral), actions and omissions, including real, simulated, or hypothetical trades and results. Trading in any security can result in immediate and substantial losses of the money invested. You should only invest funds that are not allocated for other purposes, such as retirement savings, student loans, mortgages, education, or debt reduction, and that you can afford to lose. Don’t trade with money you can’t afford to lose.

We cannot, and do not, independently verify, assess or guarantee the validity, adequacy, timeliness, accuracy or completeness of any such data, content or information, the suitability or profitability of any particular security or investment, or the potential value of any security, investment or informational source. We do not control, and do not endorse, any such data, content or information, and neither assume responsibility for, nor guarantee the validity, adequacy, timeliness, accuracy, reliability, completeness or usefulness of, such data, content or information. We do not represent or warrant, and hereby disclaim, any representations or warranties of validity, adequacy, timeliness, accuracy, reliability, completeness or usefulness of such data, content or information, and that data, content or information will be timely, updated or available for all or certain securities within the Examples.

All such data, content or information is for informational purposes only and does not constitute advice or a recommendation by Swatrading Inc to enter into any securities transactions or engage in any financial strategies based upon such data, content or information. All such data, content and information is historical and is subject to revision or change at any time, and Swatrading Inc disclaims any obligation to timely update such data, content or information.

The examples and lessons may contain links to other websites or applications containing additional data, content or information. Swatrading Inc does not control, and does not endorse, any such data, content or information, and neither assumes responsibility for, nor guarantees the validity, adequacy, timeliness, accuracy, reliability, completeness or usefulness of such data, content or information.

You understand, acknowledge and agree that your use of the example securities is at your own risk, and Swatrading Inc expressly disclaims all responsibility for any such data, content or information, and responsibility for any decisions based on such data, content or information, or for purchasing or selling any security or engaging in any investment or transaction, based on such data, content or information. You bear sole responsibility for your own investment research and decisions, and should seek the advice of a professional, licensed and qualified securities professional before purchasing or selling any security or engaging in any investment or transaction.

Activities of Swatrading Inc Personnel

Swatrading Inc, and its directors, officers, shareholders, employees, agents and affiliates, are active investors and traders of securities. Such parties may, not are not required to, purchase or sell any security, or engage in any investment strategy, contained in any data, content or information on the Site, or in the other products or services of Swatrading Inc. 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. For the avoidance of doubt, such parties may not always adhere to Swatrading Inc strategies and are not required to disclose or notify you, or any other person or party, with respect to any such decisions or activities. Swatrading Inc personnel adhere to their unique individual plans developed and implemented by them with or without Swatrading Inc, and experiences will not be duplicated and are not typical.

Swatrading Inc does not engage in, and its business and activities shall not constitute or be construed as, a business or activity with the purpose of creating a false or misleading appearance of active trading in any security, or a false or misleading appearance with respect to the market for such security, to effect any transaction in such security which involves no change in the beneficial ownership thereof, to enter an order or orders for the purchase of such security with the knowledge that an order or orders of substantially the same size, at substantially the same time, and at substantially the same price, for the sale of any such security, has been or will be entered by or for the same or different parties, or to enter any order or orders for the sale of any such security with the knowledge that an order or orders of substantially the same size, at substantially the same time, and at substantially the same price, for the purchase of such security, has been or will be entered by or for the same or different parties.

Swatrading Inc does not engage in, and its business and activities shall not constitute or be construed as, a business or activity to effect a series of transactions creating actual or apparent active trading in a security, or raising or depressing the price of such security, for the purpose of inducing the purchase or sale of such security by others.

Swatrading Inc does not engage in, and its business and activities shall not constitute or be construed 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 contravention of any law, rule or regulation.

You understand, acknowledge and agree that Swatrading Inc, and its directors, officers, shareholders, employees, agents and affiliates, engage in active trading of securities, but do not willfully participate in any activity described in the three preceding 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 Swatrading Inc, or its directors, officers, shareholders, employees, agents or affiliates.

Investments and Results

The purchase and sale of securities, futures, or commodities involve a high degree of risk and is speculative in nature. The purchase and sale of securities should only be conducted by persons who understand and accept the risks involved therewith and who have independently reviewed and determined their acceptance and suitability of these risks and the financial and tax consequences thereof. Only persons who are able to bear the risk of substantial or complete loss of funds should engage in the purchase and sale of securities, futures or commodities.

Swatrading Inc, and the content and information contained on the Site, and in other products and services of Swatrading Inc, do not indicate or guaranty any predictable, general, specific or other results. The purchase and sale of securities, and any other investment activity, involves a high degree of risk, and a number of factors could materially and adversely affect the results and lead to a substantial or complete loss of an investment.

As more fully set forth herein, Swatrading Inc, and its directors, officers, shareholders, employees, agents and affiliates, make no representation, warranty or guaranty as to the validity, adequacy, timeliness, accuracy, reliability or completeness of any data, content or information. You should independently analyze, review and confirm any such data, content or information.

Swatrading Inc may express or utilize testimonials or descriptions of past performance, but such items are not indicative of future results or performance, or any representation, warranty or guaranty that any result will be obtained by you. Your results may differ materially from those expressed or utilized by Swatrading Inc due to a number of factors.

COMMODITY FUTURES TRADING COMMISSION RULE 4.41: 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.

Testimonials Disclaimer

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:

Endorsements, testimonials or descriptions of past performance from other customers or members are based upon their individual experiences and results with the Site, and the products and services of Swatrading Inc. These results and performances are not typical, and you should not expect to achieve the same or similar 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.

Endorsements, testimonials or descriptions of past performance appearing on the Site were received a text, audio or video submission from customers or members. The endorsements, testimonials or descriptions of past performance (text, audio and/or video) are verbatim except for correction of grammatical or typing errors and editing for length. In other words, not the whole message received by the customer or member may be displayed, when it seemed lengthy or not all content seemed relevant for the general public. No endorsements, testimonials or descriptions of customers or members that appear on the Site involved payment or compensation therefor.

Maria Schwartz’s and Edmy Salazar's experience with trading is not typical, nor is the experience of individuals featured in testimonials. They are experienced traders. Becoming an experienced trader takes hard work, dedication and a significant amount of time.

We do not track the typical results of our current or past students. As a provider of educational courses, we do not have access to the personal trading accounts or brokerage statements of our customers. Available research data suggests that most day traders are not profitable.

In a research paper published in 2014 titled “Do Day Traders Rationally Learn About Their Ability?”, professors from the University of Delaware studied 3.7 billion trades from the Taiwan Stock Exchange between 1992-2006 and found that only 9.81% of day trading volume was generated by predictably profitable traders and that these predictably profitable traders constitute less than 3% of all day traders on an average day. *Citation 1

In a 2005 article published in the Journal of Applied Finance titled “The Profitability of Active Stock Traders” professors at the University of Oxford and the University College Dublin found that out of 1,146 brokerage accounts day trading the U.S. markets between March 8, 2000 and June 13, 2000, only 50% were profitable with an average net profit of $16,619. *Citation 2

In a 2003 article published in the Financial Analysts Journal titled “The Profitability of Day Traders”, professors at the University of Texas found that out of 334 brokerage accounts day trading the U.S. markets between February 1998 and October 1999, only 35% were profitable and only 14% generated profits in excess of than $10,000. *Citation 3

The range of results in these three studies exemplify the challenge of determining a definitive success rate for day traders. At a minimum, these studies indicate at least 50% of aspiring day traders will not be profitable. This reiterates that consistently making money trading stocks is not easy. Day Trading is a high risk activity and can result in the loss of your entire investment. Any trade or investment is at your own risk.

Third Party Websites

The Site, and other products and services of Swatrading Inc, may contain links to other websites or applications. The fact that we link to a website is not an endorsement, authorization or representation of our affiliation with that third party. Swatrading Inc has not reviewed all of the sites linked to or from the Site, or other products and services of Swatrading Inc, and is not responsible for the content of any such linked website. We do not exercise control over third party websites. Your use of links to other websites is at your own risk. We are not responsible for third party sites linked from the Site, or other products and services of Swatrading Inc, nor do we make any representation or warranties, express or implied, with respect to any such website, any content of such websites, or any products or services offered by any such websites, including but not limited to, accuracy, completeness, reliability, suitability, non-infringement, merchantability or fitness for a particular purpose.

Limitations of Liability

WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, Swatrading Inc, AND ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS AND AFFILIATES, SHALL NOT BE LIABLE TO YOU, UNDER ANY LEGAL OR EQUITABLE THEORY, FOR (A) ANY CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR INDIRECT DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOST PROFITS, REVENUES AND BUSINESS, ARISING OUT OF, UNDER OR RELATING TO THESE TERMS AND CONDITIONS, YOUR USE OF THE SITE OR OTHERWISE RELATED TO OR ARISING FROM THE PRODUCTS OR SERVICES OF Swatrading Inc, OR (B) ANY DAMAGES OF ANY KIND ARISING OUT OF, UNDER OR RELATING TO THE SITE OR OTHERWISE RELATED TO OR ARISING FROM THE PRODUCTS OR SERVICES OF Swatrading Inc, IN EXCESS OF THREE TIMES THE MOST RECENT MONTHLY FEE PAID BY YOU IN CONNECTION WITH THE SITE, IF ANY, OR $250, WHICHEVER AMOUNT IS GREATER.

THIS LIMITATION OF LIABILITY SHALL APPLY REGARDLESS OF WHETHER THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE, AND SHALL NOT APPLY TO ANY DAMAGE TO YOU INTENTIONALLY CAUSED BY Swatrading Inc IN VIOLATION OF THESE TERMS AND CONDITIONS OR APPLICABLE LAW, OR AS OTHERWISE MANDATED BY APPLICABLE LAW THAT CANNOT BE DISCLAIMED BY THESE TERMS AND
CONDITIONS.

Indemnification

You shall, and hereby agree to, indemnify and hold harmless, Swatrading Inc, and its officers, directors, shareholders, employees, agents and affiliates, from any and all claims, losses, damages, liabilities and any other costs and expenses (including attorneys’ fees), arising from or related to your (i) breach of a representation or warranty contained in these Terms and Conditions, (ii) breach of, or failure to comply with, any term contained in these Terms and Conditions, (iii) use of the Site or any products or services of Swatrading Inc, or (iv) use of, access to or other activity engaged in, on, through, related to or in connection with the Site.

Privacy and Personal Information

Swatrading Inc shall have the right to use and disclose any information provided by you through the Site, or other products or services of Swatrading Inc (including but not limited to information provided through e-mail) or made available through your use of the Site, for any lawful purpose, unless you indicate otherwise in accordance with the policies and procedures therefor of Swatrading Inc. In no event shall you be entitled to any compensation for the use of any of such information. Please see the Privacy Policy for further details.

Modifications

Swatrading Inc reserves the right to revise these Terms and Conditions at any time without notice. By using the Site, you are agreeing to be bound by the then-current version of these Terms and Conditions, and your continued use of the Site reaffirms your agreement to the then-current Terms and Conditions. You agree to consult the Site regularly for up-to-date information about these Terms and Conditions and the Privacy Policy.

Swatrading Inc may make changes to the Site, and the other products and services of Swatrading Inc, at any time without notice. Swatrading Inc does not, however, make any commitment to update the Site, and the other products and services of Swatrading Inc.

Governing Law

Any claim under these Terms and Conditions or otherwise related to the Site or Swatrading Inc shall be governed by the laws of the State of Delaware without regard to its conflict of law provisions, and shall be exclusively resolved by a state or federal court located in Delaware. You agree to submit to the personal jurisdiction of the courts located within Kent County, Delaware, or another location of Swatrading Inc’s choosing, for the purpose of litigating all such claims. Notwithstanding the above, you agree that Swatrading Inc shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. Except as otherwise provided herein, you agree that any controversy or claim, whether at law or equity, arising out of or related to the provision of services or materials by Swatrading Inc, regardless of the date of accrual of such dispute, shall be resolved in its entirety by individual (not class-wide nor collective) binding arbitration.

The Site, and the other products and services of Swatrading Inc, are solely directed to and intended for individuals residing in the United States. Those who choose to access and use the Site, and the other products and services of Swatrading Inc, from other locations do so at their own risk, and are responsible for compliance with all laws, rules and regulations applicable thereto. Swatrading Inc reserves the right to limit the availability of the Site, and any other products or services of Swatrading Inc, to any person, geographic area, or jurisdiction, in any manner and at any time, in its sole discretion.

Severability

If any provision of these Terms and Conditions is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; and if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of these Terms and Conditions will not be affected in any way.

Entire Agreement

You agree that these Terms and Conditions constitute the entire, complete and exclusive agreement between you and us regarding the Site and the products and services of Swatrading Inc, and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of these Terms and Conditions. The provisions of these Terms and Conditions shall survive any termination thereof indefinitely.

Waivers

Our failure to act with respect to a breach of these Terms and Conditions by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches.

Contact

If you have any questions regarding these Terms, please contact us by email at [email protected], by telephone at (717) -789 - SWAT (7928).