Disclaimers

This website, www.thestockswoosh.com, is for informational purposes only and does not constitute a complete description of our investment services or performance.  This site is in no way a solicitation of or an offer to sell securities or investment advisory services.  Information throughout this site, whether charts, articles, or any other statement or statements regarding market or other financial information, is obtained from sources which we and our suppliers believe reliable, but we do not warrant or guarantee the timeliness or accuracy of this information.  Nothing in this site should be interpreted to state or imply that past results are an indication of future performance.  We shall not be liable for any errors or inaccuracies, regardless of cause, or the lack of timeliness, or for any delay or interruption in the transmission thereof to the user.  THERE ARE NO WARRANTIES EXPRESSED OR IMPLIED, AS TO ACCURACY, COMPLETENESS, OR RESULTS OBTAINED FROM ANY INFORMATION POSTED ON THIS OR ANY "LINKED WEBSITE."

The information contained on this website is not intended to make any offer, inducement, invitation or commitment to purchase, subscribe to, provide or sell any securities, service or product or to provide any recommendations on which visitors to this site should rely for financial, securities, investment or other advice or to take any decision.  Visitors to this site are encouraged to seek individual advice from their personal, financial, legal and other advisers before making any investment or financial decisions or purchasing any financial, securities or investment related service or product. Any discussion of entry or exit prices is not a recommendation tailored to your needs or objectives.

The information contained on this website is provided for general information and is not comprehensive and has not been prepared for any other purpose.  Information on this website should only be viewed by persons permitted by applicable law or regulatory requirements to receive such information.  We shall not accept any liability with respect to the accuracy or completeness of any information herein, or omitted to be included herein, or any information provided or omitted to be provided, by any third party.  All information is subject to change without notice.  The information may include forward-looking statements which are based on our current opinions, expectations, and projections.  We undertake no obligation to update or revise any forward-looking statements.  Actual results could differ materially from those anticipated in the forward-looking statements.

If you have read and understood these conditions of use, you may click the “I AGREE” button below to proceed.  By doing so, you acknowledge that you understand the conditions of use and agree to abide by them.

I AGREE ____

Terms and Conditions:

The Stock Swoosh, LLC (“Swoosh”) is not a registered investment adviser, and any commentary in or about The Stock Swoosh Trading Room or associated with the Golden Gap Course, should not be relied on as investment advice.

Swoosh’s website is limited to the dissemination of general information pertaining to its services.  It is for informational purposes only and so should not be construed as a solicitation to effect or attempt to effect transactions in securities, or the rendering of personalized investment advice for compensation, over the Internet.  Swoosh’s specific advice is given only on a general basis within the context of our contractual agreements with you. 

Notice Regarding Web Linking Practices:

Swoosh may provide access to information, services, and products through websites that are owned or operated by other companies (“third party websites”).  You can identify that you are at a third party's website instead of the Swoosh’s website when you have used a hyperlink which takes you to a new location, and the website address of the linked site appears in the “netsite” or "address" box at the top of your browser, or when a new browser window is opened, in which the new third party website appears.

We have done our best to allow access to trustworthy third-party companies; however, Swoosh cannot endorse, approve or guarantee information, products, services or recommendations provided at any third party's website.  It is provided solely for the purpose of convenience.  Because we may not always know when information on a third party website changes, Swoosh is not responsible for the content or accuracy of any third party website.  Swoosh will not be responsible for any loss or damage of any sort resulting from the use of a third party web link, nor will it be liable for any failure of products or services advertised or provided on these third parties’ websites.

When you visit a third party website by using a hyperlink from the Swoosh site, our Privacy Policy will no longer protect you.  The data collection, use, and protection provided by the linked website may differ from those of the Swoosh.  You should familiarize yourself with the privacy policy and security practices of any third party linked website you visit.  Those are the policies and practices that will apply to your use of the third party linked website, NOT Swoosh's policies and practices.  Because the privacy and information security practices may be different from Swoosh’s, you may be at greater risk to computer viruses, malicious code, or other defects in websites that may affect your computer.

CONTENT IS FOR INFORMATION PURPOSES; NOT INVESTMENT ADVICE

The information shared by Swoosh is for informational purposes ONLY. Such information is not meant to be financial or investment advice of any kind. The results described in Swoosh related testimonials are not indicative of the results you may generally expect to achieve. You should not expect to experience similar results.

NEITHER SWOOSH NOR ANY THIRD PARTY HAS VERIFIED THE TRUTH OR ACCURACY OF THE RESULTS OR EXPERIENCES DESCRIBED IN ITS TESTIMONIALS.

Trading securities and other financial instruments can involve high risk and the loss of all amounts invested. Trading securities and other financial instruments on margin or with other forms of leverage or borrowings can result in losses in excess of the amount invested. Investment-related information provided by Swoosh may not be appropriate for many of you, and is provided without respect to your financial sophistication, financial situation, investing time horizon, or risk tolerance. Such information is for general information purposes only. None of such information is meant to constitute financial or investment advice.

The content of this website is published in the United States of America and persons who access it agree to do so in accordance with applicable U.S. law.

You should not treat any opinion expressed by Swoosh as a specific inducement to make a particular investment or follow a particular strategy, but only as an expression of opinion. Swoosh’s opinions are based upon information it considers reliable but does warrant its completeness or accuracy, and it should not be relied upon as such. Swoosh and its affiliates and/or subsidiaries are not under any obligation to update or correct any information provided on this website. Swoosh’s statements and opinions are subject to change without notice. No part of Swoosh’s compensation is related to the specific opinions it expresses.

Past performance is not indicative of future results. Swoosh does not guarantee any specific outcome or profit. You should be aware of the real risk of loss in following any strategy or investment discussed on this website or on Swoosh’s materials. Strategies or investments discussed may fluctuate in price or value. You may get back less than invested. Investments or strategies mentioned on this website or on Swoosh’s materials may not be suitable for you. This material does not take into account your particular investment objectives, financial situation or needs and is not intended as recommendations appropriate for you. You must make an independent decision regarding investments or strategies mentioned on this website or Swoosh’s materials. Before acting on information on this website or Swoosh’s materials, you should consider whether it is suitable for your particular circumstances and strongly consider seeking advice from your own financial or investment adviser.

Upon joining Swoosh, you explicitly affirm Swoosh's Terms of Use which states that MNPI is never to be shared in any capacity. Swoosh's Terms of Use specifically forbid a member to

-Act in any unlawful manner, including in a manner that could be deemed to violate applicable laws by touting or hyping an investment, manipulating securities or other investment prices or markets;

-Employ any device, scheme, or artifice to defraud any person in connection with an investment,

-Make any untrue statement of a material fact relating to an investment or to omit to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they were made, not misleading; or

-Engage in any act, practice, or course of business which operates or would operate as a fraud or deceit upon any person in connection with an investment or trade.

You agree not to engage in any such activity and are advised that you will lose access to Swoosh if you engage in any such activity.

None of the preceding steps prevent the inclusion of MNPI or other market manipulation and all you must be vigilant and exercise care in using Swoosh’s information as well as information shared by others. You must comply with your own firm's compliance policies and procedures and with applicable law. If you believe you identify information that may be MNPI (at any time, or if judged with hindsight) or other activity or information that may give rise to market manipulation, you should contact Swoosh immediately.

Swoosh is sensitive to your compliance obligations but does not provide compliance services or advice.

You are reminded that they have agreed to comply with Swoosh’s and their respective firms' Terms of Use and/or policies and procedures, and such terms and policies and procedures may affect the timing or pre-approval of any trading, may prohibit certain specific information being disclosed, may require specific additional disclosures (relating to conflicts of interest, not advertising services or otherwise), may prevent acting as a group or otherwise in concert with others, may require retention of e-mail and other records etc. Swoosh is not responsible for the compliance of individual members or firms with applicable law.

Swoosh does not provide investment advice. The definition of an “investment adviser” under U.S. federal law includes a specific exception for “the publisher of any bona fide newspaper, news magazine or business or financial publication of general and regular circulation.” Swoosh has structured its website and services with the intention of satisfying this exemption as interpreted by the U.S. Supreme Court in Lowe v. SEC, 472 U.S. 191 (1985). For example, the ideas that are posted are generic ideas, much like one might find in other publications, rather than personalized investment advice and any follow-up or input is also posted for general review by others. Swoosh reminds you that you are expected to share disinterested commentary and analysis, not promotional material, and Swoosh ensures that posts remain available, which is intended to discourage short-term thinking or “touting” of investment ideas.

THE WARRANTIES AND ANY ASSOCIATED REMEDIES EXPRESSED OR REFERENCED HEREIN ARE EXCLUSIVE. NO OTHER WARRANTY, WRITTEN OR ORAL, IS EXPRESSED OR IMPLIED BY SWOOSH OR MAY BE INFERRED FROM A COURSE OF DEALING OR USAGE OF TRADE TO THE EXTENT ALLOWED BY LOCAL LAW. SWOOSH DISCLAIMS ALL IMPLIED WARRANTIES OR CONDITIONS INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. Swoosh publishes information that is educational in nature and designed to contribute to your overall understanding of certain trading analysis and how we apply this information to the financial markets. We are in no way recommending the purchase, sale or short sale of any securities, options, futures or other financial instruments. Trading of stocks, options, and futures may not be suitable for everyone and may involve the risk of losing part of your money, all of your money, or in the case of futures, more than all of your money. Swoosh and its service providers are not financial advisors or registered analysts. We do not offer trading models for you to copy. These models represent our own opinions and are intended to teach our style of trading. It is up to you to make your own decisions as what you want to do with your own portfolio.

No Recording Policy:

Lecture content and materials are considered Swoosh’s intellectual property. You may not record any portion of a lecture, discussion or related activity without the prior and explicit written permission of Swoosh. In addition, because recordings may also capture the presence, ideas, and opinions of other individuals, privacy guidelines and regulations also apply.

No rights in copyright, patents, trademarks, trade secrets, or other intellectual property are granted by Swoosh to you.

Swoosh contains copyrighted material, trademarks and/or other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of Swoosh are copyrighted as a collective work under the United States copyright laws. Swoosh owns a copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it.

You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. You may download copyrighted material for your personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express written permission of Swoosh and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.

Products, support, ideas or opinions are not specifically designed to be trading advice or recommendations. You are solely liable if such products, support, ideas or opinions purchased by you are used for trading and will indemnify and hold Swoosh harmless from all loss, damage, expense, or liability in connection with such use.

You shall not upload, post or otherwise make available on Swoosh any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of Swoosh, you automatically grant, or warrant that the owner of such material has expressly granted Swoosh the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You shall not permit any other persons to access, view, store or reproduce the material designated for your personal use. You hereby grant Swoosh the right to edit, copy, publish and distribute any material made available on Swoosh by you.