The following terms and conditions govern your use of PowerSwings.com, its products and services (the “Website”).
Please read this entire Terms of Service document (the “Agreement”) carefully before using the Website. The Agreement may be modified by the Website from time to time and such modifications will be binding on you when placed online.
In General
Information provided by the Website is believed to be reliable when posted and is for informational purposes only. Every effort has been made to ensure that the material contained herein is accurate at the time of publication. The Website cannot guarantee its accuracy or completeness and accepts no responsibility for any loss arising from any use of or reliance on the information contained herein. The material on this site, including any opinions expressed herein, are subject to change without notice. We do not represent that the securities, products, or services discussed in the Website are suitable or appropriate for all investors.
The Website reserves the right to modify from time to time, or discontinue, temporarily or permanently, any or all of its services with or without notice. The Website, in its sole discretion, may remove and discard any content for any reason, including, without limitation, for lack of use.
Nothing herein should be read to constitute or be considered as an offer or solicitation by PowerSwings.com, its principals, associates or affiliates as an offer to sell or a solicitation to buy securities to any person residing in the United States of America or in any other jurisdiction in which such an offer or solicitation is unlawful. The information is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or which would subject the Website to any registration requirement within such jurisdiction or country.
Payment Processing and Delivery
Payment for goods, services and subscriptions are done via PayPal.com and 2CheckOut.com. Files, user names and passwords are all delivered via a certified email service that provides us with a digital certificate as proof of delivery.
The All Access Pass: US$50 per month
To access our online publication, please register through 2CheckOut.com Inc. (Ohio, USA), an authorized retailer for goods and services provided by PowerSwings.com.
Subscription Policy
The Website provides independent insight, analytics and educational publications. We are not employed by, associated or affiliated with any brokerage, fund or public companies.
Except for products clearly marked “permanent license” or “lifetime access”, charges for online content, charting software and analytics are billed monthly on a recurring basis. Unless otherwise stated, one full month’s billing occurs at the time of registration and on each monthly anniversary thereafter.
Cancellation and Refund Policy
Subscriptions may be cancelled at any time. Accounts are closed on the last day of the billing period in which cancellation notice has been received, or immediately upon request. No credit will be issued against unused subscription time. All sales of our products are final.
Editorial Policy
All content found at the Website is intended for sophisticated investors who are aware of the risks in securities trading, investments and market forecasting. The Website does not provide personally tailored advice concerning the nature, potential, value or suitability of any particular security, portfolio or securities, transaction, investment strategy or other matter. Before making specific investments, further investigation is recommended.
The analysis provided is based on Teresa Lo’s personal investment and trading strategies. All statements made represent the opinion of Teresa Lo unless otherwise identified.
Although the information published by the Website has been derived from sources that are believed to be reliable, they are not always necessarily complete and cannot be guaranteed. Neither PowerSwings.com nor any of its principals and associates shall have any liability for any loss sustained by anyone who has relied on the information published.
Conflict of Interest
Compensation for our work is from generated entirely by fees paid by subscribers. From time to time, Teresa Lo may hold and/or trade positions in securities mentioned. In cases where the position is held at the time of publication, appropriate disclosure is made.
No Liability
The Website does not make any representations, warranties or guarantees, express or implied, regarding the accuracy or completeness of the information found on this Website.
In no case shall the Website, nor any individual directly or indirectly involved with the Website, be responsible for any direct or incidental loss incurred as a result of your use of any information presented on the Website.
The information is issued by the Website with the express condition, to which everyone using it accepts, that no obligation, responsibility or liability shall be incurred by PowerSwings.com, or any of its officers, directors, members, employees, agents, consultants or licensors. They shall not be liable to any person or entity for any losses, damages, costs or expenses (including, but not limited to, loss of profits, loss of use, direct, indirect, incidental or consequential damages) resulting from any errors in, omissions of or alterations to the information contained herein. The foregoing shall apply regardless of whether a claim arises in contract, tort, negligence, strict liability or otherwise. We are not responsible for any loss or damage whatsoever, whether incidental, special, indirect or consequential, in connection with, caused by or arising from any use of or reliance on the information contained herein.
Software
All software made available for use by subscription through the Website is subject to the standard disclaimer. While our software consultants make every effort to deliver high quality products, we do not guarantee that their products are free from defects. Their software is provided “as is”, and you download and use their software at your own risk.
The Website and its software consultants make no warranties as to performance, merchantability, fitness for a particular purpose, or any other warranties whether expressed or implied.
No oral or written communication from or information provided by the Website or its software consultants shall create a warranty.
Under no circumstances shall the Website or its software consultants be liable for direct, indirect, special, incidental, or consequential damages resulting from the use, misuse, or inability to use this software, even if the Website has been advised of the possibility of such damages.
Privacy Policy
The Website stores no personal information of visitors. No special effort is made to track surfing habits. Cookies are used to facilitate subscriber log-on to view paid content.
We use Feedburner.com to manage and facilitate the distribution of free content BY FEED and BY EMAIL.
The Website does not sell, rent, trade or make available our mailing list to any third party, and will not solicit you to purchase, rent, or use any third party goods or services for which we receive an undisclosed commission, fee or reward.
Scope of Services
Information found on the Website is not intended to replace or provide legal, accounting, investment or tax advice, and should not be relied upon in that regard.
Teresa Lo is not registered in any jurisdiction as a securities broker, dealer, investment advisor or CTA. She does not provide investment advice based on personal information each client submits through the Website. She does not provide trading advice based on, or tailored to, the commodity interest or cash market positions or other circumstances or characteristics of particular clients.
The Website offers services limited to those allowed by:
- the Investment Advisers Act of 1940 as a bona fide financial publication of general and regular circulation that is not primarily a vehicle for distributing investment advice; and,
- the Commodity Futures Trading Commission Rule 4.14(a)(9) as commodity trading advisors that provide standardized advice by means of media such as newsletters, prerecorded telephone newslines, Internet web sites, and non-customized computer software.
Performance Record
Individuals or entities that post promotional material designed to increase paid membership are subject to rigorous rules set out by regulatory bodies such as the SEC, NFA and CFTC. NFA Compliance Rule 2-29 places certain limitations on the use of past or projected performance in communications with the public. CFTC Rules 4.41(b)(1), 4.35(a)(6)(i) and 4.35(a)(7)(i) govern certain performance presentations.
From 1998 to 2004, we did not keep or post a record of our trades for public scrutiny. Paid-up subscribers were provided with full access to archives and unedited transcripts of our work and were free to compute statistics by themselves for their own use.
Any and all trading system performance results posted to the Website is subject to disclosure document requirements in Part 4 of the CFTC’s regulations, specifically, Section 4.41:
Hypothetical or simulated performance results have certain inherent limitations. Unlike an actual performance record, simulated results do not represent actual trading. Also, since the trades have not actually been executed, the results may have under-or over-compensated for the impact, if any, of certain market factors, such as lack of liquidity. Simulated trading programs in general are also subject to the fact that they are designed with the benefit of hindsight. No representation is being made that any account will or is likely to achieve profits or losses similar to those shown.
Blog and Comment Policy
Weblogs (the “Blogs”) found on the Website are provided to you “as is,” subject to the following disclaimers and comment policies. These conditions may be updated by us at our discretion and without notice to you. If you do not agree to these conditions please do not use the Blogs.
BY LOGGING IN TO THE BLOGS AS A REGISTERED USER, YOU SPECIFICALLY AGREE TO ABIDE BY THESE RULES AND ANY MODIFICATIONS THERETO.
The Blogs permit posting of comments by registered users only. Users of the Blogs agree to use the comments option to send messages and materials that are proper and related to the particular post. By making and submitting a comment to the Blogs, you are representing and warranting that you are at least 18 years old and that your comment does not violate the rights of any other person or entity. The Website does not assume any liability for content posted by other registered users.
The Blogs will display your screen name along with your comments. Registered users may choose the name by which they will be identified on screen. If you do not wish to use your legal name as your screen name, you may not select one that intentionally impersonates another or violates another’s intellectual property rights. Any screen name deemed offensive or inappropriate by the Website will be changed.
Comments submitted to the Blogs are moderated and reviewed by an editor. The Website is not obligated to publish any comments. The Website retains the right to edit or shorten any comment and/or make necessary corrections to grammar and spelling. We retain the right to remove or modify any comment that we, at our sole discretion, determine to be unacceptable, particularly if it contains personal attacks, profanity, questionable or objectionable content. The Website reserves the right to delete or withold from publication any comment that, in our judgment, is inappropriate, unlawful or otherwise detrimental to the community dialogue.
Users of the Blogs agree that all comments are public. Any information received will be considered not to be confidential. The Website does not claim ownership of any comments submitted; however, by submitting comments you grant the Website a perpetual, royalty-free license to use, distribute, reproduce, edit, and publish this information in other formats. You will not receive any compensation for your comment or for granting any of these rights.
Users of the Blogs agree that they will not submit or post materials protected by intellectual property laws (or by rights of privacy of publicity). If you contribute comments that do not constitute your original work of authorship, you represent and warrant to the Website that you do not infringe on any third party’s copyright or other proprietary rights and that you have secured all necessary permission and licenses prior to contributing such content to the Blogs.
Many of the links on in the Blogs will take you to sites operated by third parties. The Website has not reviewed all of the information on these sites or verified the accuracy or reliability of any information, data, opinions, advice or statements found on these sites. The Website does not endorse these sites, their opinions or any products they may offer. These third party links are offered to stimulate discussion and thinking on topics related the Blogs.
This constitutes the Website’s terms of service agreement as of August 16, 2007.
THE WEBSITE MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT.