2nd Skies Trading

General Disclaimer of Warranties

    1. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH NO WARRANTIES WHATSOEVER.
    2. 2NDSKIESFOREX DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. WITHOUT LIMITING THE FOREGOING, 2NDSKIESFOREX DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, AVAILABILITY, SERVICE LEVELS, TIMELINESS, AND PERFORMANCE OF THE SITE; 2NDSKIESFOREX DISCLAIMS ALL LIABILITY FOR ANY CLAIMS, DAMAGES, LOSSES, COSTS OR EXPENSES (INCLUDING ATTORNEY’S FEES) RELATED TO THE FOLLOWING, AND DOES NOT WARRANT THAT (I) THE SITE WILL MEET YOUR SPECIFIC REQUIREMENTS, (II) THE SITE WILL BE UNINTERRUPTED, TIMELY, AVAILABLE, SECURE OR ERROR-FREE, (III) THAT ANY RESULTS MAY BE OBTAINED FROM YOUR USE OF THE SITE, OR THAT ANY DATA, CONTENT OR INFORMATION ON THE SITE IS, OR WILL BE, VALID, ACCURATE, TIMELY, ADEQUATE, COMPLETE, LEGAL OR OTHERWISE RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE SITE WILL BE CORRECTED.
    3. 2NDSKIESFOREX DISCLAIMS ANY WARRANTIES FOR ANY INFORMATION, CONTENT OR ADVICE OBTAINED THROUGH THE SITE; AND, 2NDSKIESFOREX DISCLAIMS ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE SITE.
    4. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE, AND ANY CONTENT, SERVICES OR OTHER INFORMATION OR MATERIALS RELATED THERETO, IS SOLELY AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LIABILITY, CLAIM, DAMAGES, LOSS, COST OR EXPENSE, THAT RESULTS FROM OR ARISES FROM YOUR USE OF THE SITE, OR ANY CONTENT, SERVICES OR OTHER INFORMATION OR MATERIALS RELATED THERETO. YOU HEREBY EXPRESSLY DISCLAIM AND RELEASE AND WAIVE ANY LIABILITY, CLAIM, DAMAGES, LOSS, COST OR EXPENSE, RELATED TO OR ARISING FROM, THE WARRANTIES DISCLAIMED BY 2NDSKIESFOREX HEREBY.

Disclaimers

2NDSKIESFOREX EXPRESSLY DISCLAIMS AND DISCLOSES AS FOLLOWS, AND YOU HEREBY CONFIRM THAT YOU UNDERSTAND, ACKNOWLEDGE AND AGREE AS FOLLOWS, AND EXPRESSLY DISCLAIM, RELEASE AND WAIVE ANY LIABILITY, CLAIM, DAMAGES, LOSS, COST OR EXPENSE, INCONSISTENT WITH, RELATED TO OR ARISING FROM THE FOLLOWING:

  1. Your Responsibility
    1. 2ndSkiesForex is not registered as an investment adviser with the U.S. Securities and Exchange Commission. Rather, 2ndSkiesForex 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, 2ndSkiesForex 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 and solely the personal opinion of 2ndSkiesForex and its employees. 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 2ndSkiesForex, the Site and the other products and services of 2ndSkiesForex, is solely incidental to the business and activities of 2ndSkiesForex in providing educational services.
    2. No data, content or information provided by 2ndSkiesForex, the Site or the other products and services of 2ndSkiesForex, is intended, and shall not constitute or be construed as, advice or any recommendation to buy or sell securities or any other financial assets, nor any offer, or solicitation of an offer, to buy or sell securities or any other financial assets, nor an attempt to influence the purchase or sale of any security or any other financial assets. 2ndSkiesForex 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 2ndSkiesForex do not require any such registration.
  2. Data, Content and Information
    1. No data, content or information provided by 2ndSkiesForex, the Site or the other products and services of 2ndSkiesForex, is intended, and shall not constitute or be construed as, advice or any recommendation to buy, sell or hold a particular security or any other financial asset, or pursue any particular investment strategy.
    2. 2ndSkiesForex 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 2ndSkiesForex. This includes, without limitation, any forum, chatroom or other online conference, telecast or posting through 2ndSkiesForex. If you choose to rely on such information, you understand, acknowledge and agree to 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 2ndSkiesForex 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 any other financial assets or otherwise invest in securities and/or other financial assets 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 2ndSkiesForex, the Site or the other products and services of 2ndSkiesForex.
    3. 2ndSkiesForex 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 financial asset 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 financial asset or making any investment.
    4. The member discussion channels on the Site and/or hosted by 3rd party tools such as Discord, are comprised of customers and members (including, without limitation, moderators who are in the employ of 2ndSkiesForex) posting content and information. All such information and content is for informational purposes only and does not constitute advice or a recommendation by 2ndSkiesForex to enter into any securities transactions or engage in any of the financial strategies reflected on or suggested in the discussion channels (whether such data, content or information is posted by 2ndSkiesForex or otherwise). Customers and members may write about securities or other financial assets 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 or other financial assets not held by 2ndSkiesForex or its directors, officers, shareholders, employees, agents or affiliates. As such, 2ndSkiesForex is not responsible for the accuracy of data, content or information or any performance data in any discussion channel; 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 discussion channel is intended as, nor should you rely on it as, investment advice provided by 2ndSkiesForex or its directors, officers, shareholders, employees, agents or affiliates.
    5. 2ndSkiesForex does not endorse any data, content or information posted by users or members on any of the discussion channels on the Site and/or hosted on 3rd party tools such as Discord. You understand, acknowledge and agree that your participation therein is at your own risk, and 2ndSkiesForex expressly disclaims responsibility for any such data, content or information. 2ndSkiesForex 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 discussion channels on the Site and/or on 3rd party tools such as Discord, you may be exposed to material that you deem to be offensive, indecent, obscene or otherwise objectionable. Under no circumstances will you hold 2ndSkiesForex, 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 discussion channels on the Site and/or hosted by 3rd party tools such as Discord.
    6. Without limiting the generality of the foregoing, you understand, acknowledge and agree that discussion channel 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 rely on such opinions and ideas which may not be complete or accurate. Each of 2ndSkiesForex’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, any posts, videos and/or comments in discussion channels) constitutes, or is intended to constitute, a recommendation by us of any particular security or financial asset 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.
    7. 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 may 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.
    8. 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 or other financial assets 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.
    9. You understand, acknowledge and agree that 2ndSkiesForex 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 2ndSkiesForex, 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 2ndSkiesForex any data.
    10. Through your use of the site, You expressly contract and consent to the operations of 2ndSkiesForex (including the moderator actions and omissions discussed above) and release 2ndSkiesForex, 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 or financial asset 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.
  3. Activities of 2ndSkiesForex Personnel
    1. 2ndSkiesForex, and its directors, officers, shareholders, employees, agents and affiliates, are active investors and traders of securities and financial assets. Such parties may, but are not required to, purchase or sell any security or financial asset, or engage in any investment strategy, contained in any data, content or information on the Site, or in the other products or services of 2ndSkiesForex. Such parties will purchase or sell securities or financial assets, 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 2ndSkiesForex strategies and are not required to disclose or notify you, or any other person or party, with respect to any such decisions or activities. 2ndSkiesForex personnel adhere to their unique individual plans developed and implemented by them with or without 2ndSkiesForex, and experiences will not be duplicated and are not typical.
    2. 2ndSkiesForex 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 financial asset, or a false or misleading appearance with respect to the market for such security or financial asset, to effect any transaction in such security or financial asset which involves no change in the beneficial ownership thereof, to enter an order or orders for the purchase of such security or financial asset 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 or financial asset, 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 or financial asset 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 or financial asset, has been or will be entered by or for the same or different parties.
    3. 2ndSkiesForex 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 financial asset, or raising or depressing the price of such security or financial asset, for the purpose of inducing the purchase or sale of such security or financial asset by others.
    4. 2ndSkiesForex 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 or financial asset for the purpose of pegging, fixing, or stabilizing the price of such security or financial asset in contravention of any law, rule or regulation.
    5. You understand, acknowledge and agree that 2ndSkiesForex, and its directors, officers, shareholders, employees, agents and affiliates, engage in active trading of securities or financial asset, 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 or financial asset at a price that may have been affected by the business or activities of 2ndSkiesForex, or its directors, officers, shareholders, employees, agents or affiliates.
  4. Investments and Results
    1. The purchase and sale of securities, futures, commodities and/or other financial assets involve a high degree of risk and is speculative in nature. The purchase and sale of securities or financial assets 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, commodities and/or other financial assets.
    2. 2ndSkiesForex, and the content and information contained on the Site, and in other products and services of 2ndSkiesForex, do not indicate or guarantee any predictable, general, specific or other results. The purchase and sale of securities and/or financial assets, or 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.
    3. As more fully set forth herein, 2ndSkiesForex, 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.
    4. 2ndSkiesForex 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 guarantee that any result will be obtained by you. Your results may differ materially from those expressed or utilized by 2ndSkiesForex due to a number of factors.
    5. 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.
  5. Options Trading
    1. The risk of loss in trading options and other securities or other financial assets can be substantial. Consider all relevant risk factors, including your own personal financial situation, before engaging in any options trading.  The possibility exists that you could sustain a substantial loss which could total more than your initial investment in a short period of time. Therefore you should not invest money that you cannot afford to lose. If you have any questions or concerns regarding the risks associated with trading, you should confer with a trusted and reliable independent financial advisor. None of the Information or the Website provided by the Company constitutes a solicitation to trade any investment or security or financial asset of any kind.
    2. Options are widely considered a volatile investment class, and are priced according to complex factors involving (among other factors) price, the volatility of the underlying asset, time until expiration, and interest rates. By their nature, therefore, options involve a high degree of financial risk. Risks associated with acquiring options include (without limitation): (i) the risk of losing your entire investment increases as the option goes out of the money and as expiration approaches; (ii) the risk that certain options do not have secondary markets on which to sell them, meaning that their value can only be realized upon expiration; (iii) the risk that a particular option contract may have specific exercise provisions that create additional risk; (iv) U.S. or other regulatory agencies may impose regulations or rules that impair your ability to realize value from options; and (v) the risk of losing your entire investment in a relatively short period of time.
    3. Options, and the trading of options, are typically governed by a series of complex contracts. The intent of the legal documents and contracts might be unclear, and even clear drafting could be misconstrued by counterparties or by judges and arbitrators. A dispute over interpretation of any of these documents or contracts could arise, which may result in unenforceability of the contract or other outcome that is adverse to you.
    4. The option market will be affected by general economic and market conditions, as well as by changes in laws, currency exchange controls, and international, national and regional political and socioeconomic circumstances. The option market may be sensitive to general downward swings in the overall economy or in particular industries or geographies. Factors affecting economic conditions, including, for example, inflation rates, currency devaluation, exchange rate fluctuations, industry conditions, competition, technological developments, domestic and worldwide political, military and diplomatic events and trends and innumerable other factors outside of your control and that of the Company, which can materially and adversely affect the availability or desirability of segments of the options market.
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