Whaley Global Research, LLC (the "Company") provides certain services (collectively, "Services") through the http://www.thewhaleyreport.com website (the "Website") and via email and other electronic communications. Access to and use of the Website and the Services is subject at all times to these Terms of Service ("Terms of Service"), which are a binding contract between the Company and you. The Company shall be deemed to conduct its business operations related to these Terms of Service from its headquarters in the Commonwealth of Virginia, United States of America, and all transactions between you and the Company, including without limitation the provision of information by and/or to the Company and you, shall be deemed to have occurred at such headquarters. Please be aware that the Company offers no individualized investment advice via the Website or the Service (as set forth in greater detail in Section 2, below).
EACH TIME YOU ACCESS OR USE THE WEBSITE OR THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND REPRESENT THAT YOU HAVE READ AND UNDERSTOOD THEM. IF YOU DO NOT OR CANNOT AGREE TO BE BOUND BY ANY OF THE PROVISIONS OF THESE TERMS OF SERVICE (OR IF YOU ARE LEGALLY INCAPABLE OF BEING BOUND), PLEASE EXIT FROM THE WEBSITE AND DISCONTINUE ANY USE OF THE SERVICES. IF YOU ARE ENTERING INTO THESE TERMS OF SERVICE IN CONNECTION WITH YOUR EMPLOYMENT, YOU HEREBY REPRESENT TO THE COMPANY THAT YOU ARE AUTHORIZED TO AND HEREBY DO BIND YOUR COMPANY/EMPLOYER TO THESE TERMS OF SERVICE; IF ANY COURT OF COMPETENT JURIDICTION DETERMINES THAT YOU HAVE FAILED TO BIND YOUR COMPANY/EMPLOYER, THESE TERMS OF SERVICE SHALL BE BINDING UPON YOU PERSONALLY. ANY REFERENCES HEREIN TO "YOU" AND "YOUR" REFER BOTH TO YOU AND TO YOUR COMPANY/EMPLOYER, AS APPLICABLE.
The Company may, from time to time, modify, amend, or supplement these Terms of Service, and post the revised version of the Terms of Service in place of the present webpage. Such modifications, amendments or supplements shall be effective immediately upon posting on the Website (or other transmission to you). You are responsible for periodically checking the Website for changes to these Terms of Service. If you do not or cannot agree to be bound by any of the provisions of the revised version of the Terms of Service (or if you are legally incapable of being bound), you agree that your sole remedy is cancel your Account and cease using the Website and the Services. Your continued use of the Website and/or the Services constitutes your agreement to be bound by the revised version of the Terms of Service.
The information contained on this site is for educational purposes only. Nothing contained in this website is intended to be, nor shall it be construed as, investment advice by Whaley Global Research, LLC or any of its affiliates, nor is it to be relied upon in making any investment or other decision. Neither the information nor any opinion expressed on this site or its content constitutes and offer to buy or sell any security or instrument or participate in any particular trading strategy. The information on the site is not a complete description of the securities, markets or developments discussed. Information and opinions regarding individual securities do not mean that a security is recommended or suitable for a particular investor. Prior to making any investment decision, you are advised to consult with your broker, investment advisor or other appropriate tax or financial professional to determine the suitability of any investment.
Opinions and estimates expressed on this site constitute Whaley Global Research, LLC’s judgment as of the date appearing on the opinion or estimate and are subject to change without notice. This information may not reflect events occurring after the date or time of publication. Whaley Global Research, LLC is not obligated to continue to offer information or opinions regarding any security, instrument or service.
Information has been obtained from sources considered reliable, but its accuracy and completeness are not guaranteed. Whaley Global Research, LLC and its officers, directors, employees, agents and/or affiliates may have executed, or may in the future execute, transactions in any of the securities or derivatives of any securities discussed on this site.
Past performance is not necessarily a guide to future performance and is no guarantee of future results. Securities products are not FDIC insured, are not guaranteed by any bank and involve investment risk, including possible loss of entire value. Whaley Global Research, LLC and its officers, directors, employees, shall not be responsible or have any liability for investment decisions based upon, or the results obtained from, the information provided.
1. LIMITATIONS, RESTRICTIONS AND OBLIGATIONS
The Company is an online financial media firm publishing content relating to the financial markets (the "Content"). The Content is produced without regard to individual levels of sophistication or investment experience, and without regard to the suitability of individuals who may access the content. You understand and agree that the Content provided by Whaley Global Research and Focus Market Trader is for GENERAL INFORMATION PURPOSES ONLY. You understand and agree that the Content does not constitute a specific recommendation of any particular investment, security, portfolio, transaction, or strategy, nor that any specific course of action is suitable for any specific person. You understand and agree that no Company personnel shall advise you with regard to your investments, and you therefore agree that you shall not attempt to contact the Company or any Company personnel seeking personalized investment advice. You further understand and agree that all Content is impersonal and not tailored to any specific investment needs and suitability requirements, including yours. You understand and agree that all Content shall not be construed as a request or solicitation to engage in any transaction involving the purchase or sale of securities, futures contracts, commodities, currencies and or options. You further understand and agree that neither Whaley Global Research, its’ employees or it’s Content are in anyway acting as your advisor or in any other fiduciary capacity with respect to your investment decisions.
None of the information provided in the website or Content is intended as investment, tax, accounting or legal advice. You hereby understand and agree that Whaley Global Research, LLC and its officers, directors, employees, agents and/or affiliates do not offer or provide tax, legal or investment advice and that you are responsible for consulting tax, legal, or financial professionals before acting on any information provided herein.
You understand and agree that the views expressed in the Content are opinions of the authors; that the Company does not instruct its employees which opinions to hold; that the opinions of one Company employee may differ from the opinions held on the same topic by another employee, or may change without notice. You understand and agree that past results are not indicative of future performance.
You understand and agree that the opinions expressed in the Content are derived from sources generally believed to be reliable, but that the Company is not liable for any errors, omissions, or incomplete or out of date information in the Content.
(B) Modification to Services
The Company may at any time and from time to time revise, supplement, suspend, or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice to you, and terminate all permissions/licenses granted in these Terms of Service. You agree that neither the Company nor any of its affiliates, licensors, agents, or employees is liable to you or any third party for any revision, supplement, suspension, or discontinuation of the Services, and termination of any permission/license.
(C) Limited License to Use the Website and Services
(i) Grant of License. Subject to your compliance with these Terms of Service, if you are a Member, you are hereby granted a non-exclusive, non-transferable, non-sub-licensable right and license to access the Website and the Services commensurate with your paid membership level/selections. The Website, Services, and Content may be used only for your internal business (or personal, as the case may be) purposes, and no part of the Website, Services, or Content may be copied, reproduced, or redistributed by you. This right and license to access and use the Website, Services, and Content is personal to you and is not transferable to any other person or entity, nor may it be shared, resold, rented, licensed or leased by you. You are responsible to ensure that your use the Website, Services, and Content is for lawful purposes only and is in conformity with the requirements of these Terms of Service. You shall be responsible for protecting the confidentiality of your password(s), if any. The Company shall have the right at any time to change or discontinue any aspect or feature of the Services, including (but not limited to) Content, hours of availability, and equipment needed for access or use.
(ii) Reservation of Rights. All rights not expressly granted by the Company herein are reserved by the Company. Access to the Website, Services, and Content is granted under license; no ownership rights are transferred to you by the Company. Except for the license granted herein, the Company retains all right, title and interest in and to the Website, Services, Content, and all information and other content provided in connection therewith.
(a) Limitations of Reverse Engineering, Decompilation and Disassembly. You may not reverse engineer, decompile, or disassemble the Website, any of the Services, or any other material available in connection with the Services, except and only to the extent that such activity is expressly authorized by applicable law notwithstanding this limitation. You agree not to circumvent or attempt to circumvent any security measures associated with the Website and/or the Services.
(b) Rental. You may not rent, lease or lend access to the Website or any of the Services.
(c) Redistribution. You may not redistribute any information provided by, through, or in connection with the Website or any of the Services to any other person.
(d) Other Restrictions. You hereby agree not to:
Infringe upon the intellectual property rights of the Company or any third party.
Alter or cancel another Member's Account, or attempt to do so.
Impersonate another person, indicate that you are a Company employee, or attempt to mislead Members or guests by indicating that you represent the Company or any of the Company's licensors or affiliates.
Attempt to get a login ID, password, or other Account information, or any other private information from a Member.
Engage in or promote or encourage any illegal activity including hacking, cracking or distribution of counterfeit software for the purpose of accessing the Website, the Services, or Content.
Modify, delete or create derivative works of the Website, the Services, or Content, or any part thereof.
Remove or alter any legal notice, including any copyright management information, or any other notice or name or mark of the Company or its suppliers that appears in or is affixed to the Website or any of the Services.
Interfere with, hack into or decipher any transmissions to or from the servers running the Website or the Services.
Do anything that interferes with the ability of other Members to access and use the Website and the Services or that adversely affects the Website, the Services or the Company's business.
Use information provided on or in connection with the Website or the Services for any purpose that is not authorized by a license or permission granted by the Company herein.
Perform any acts which violate any applicable laws or regulations in connection with the manner in your access or use the Website and/or the Services.
(iv) Ownership. You understand and acknowledge that the Website, the Services, the Content, and all other information provided to you in connection therewith are, as between you and the Company, owned solely and exclusively by the Company (including by its licensors and/or its affiliates or suppliers), and are protected by applicable laws and regulations, including treaty obligations relating to intellectual property rights. Under no circumstances will you obtain any ownership interest in any element of the Website, the Services, or the Content under these Terms of Service or otherwise.
2. PERFORMANCE CLAIMS
Focus Market Trader “Trade Ideas” provide examples of how an investor might employ the Content. The Trade Ideas are not an actual portfolio of investments but a methodology for generating Buy and Sell signals, based on the Company's proprietary investment process. The “Focus Markets Trade Idea Track Record” section of The Report and The Website is not based on actual transactions. The “Open $” and “Close $” are based on approximations of where an investor might have been able to execute trades on the dates specified. Whaley Global Research, LLC makes no guarantee that transactions could have been carried out at those prices. If you choose to track the “Trade Ideas” trade signals, you understand and agree that your actual results are likely to be different from the percentage returns reflected in the “Focus Markets Trade Idea Track Record” section of The Report and The Website. The performance figures quoted on the website and in the report are based on the assumption that trades are being executed in taxable brokerage accounts, with margin capabilities and risking 1% of capital per trade idea. For example, we had a SHORT trade idea for FXE in October 2015. The entry price for the trade idea was $112.58 and the risk price of $113.00. For the sake of performance tracking we assume a risk of $1,000 per $100,000 of account value. This would equate to a trader shorting 2,380 shares of FXE per $100,000 of capital. We get this share amount by dividing the $1,000 of risk capital by the $0.42 per share of risk in the trade ($113.00 risk price-$112.58 entry price). This trade idea was closed on February 4, 2016 at $109.47, for a per share profit of $3.11, or $7,401.80 per $100,000 of capital. This dollar based return equates to a 7.41% percentage return for the overall portfolio even though the cumulative return of FXE over that trade was just 2.69%.Differences may arise for a number of reasons, including but not limited to: The “Trade Ideas” do not account for transaction costs; The “Trade Ideas” do not account for margin interest costs; The “Trade Ideas” do not account for time delay before Buy, Sell, or other signals are viewed by you, including delays in the delivery of email or other messages; The “Trade Ideas” do not account for cash dividends; The “Trade Ideas” generally do not account for corporate actions such as stock splits, rights, and warrants, though the cost basis of positions in The “Trade Ideas” may occasionally be adjusted for the sake of accuracy, with all such adjustments being described in notes accompanying the positions in The “Trade Ideas”; The “Trade Ideas” do not consider possible lack of liquidity; The “Trade Ideas” do not consider tax consequences; The “Trade Ideas” trade signals do not indicate size of position; and The “Trade Ideas” do not give asset allocation guidance. It should not be assumed that the methods, techniques, or indicators presented in the Content will be profitable or that they will not result in losses. Past results of any trading system published by Company are not indicative of future returns by that system, and are not indicative of future returns which be realized by you. In addition, the indicators, strategies, columns, articles and all other features of Company’s products (collectively, the “Content”) are provided for informational and educational purposes only and should not be construed as investment advice. Examples presented on Company’s website are for educational purposes only. Such set-ups are not solicitations of any order to buy or sell. Accordingly, you should not rely solely on the Content in making any investment. Rather, you should use the Content only as a starting point for doing additional independent research in order to allow you to form your own opinion regarding investments. You should always check with your licensed financial advisor and tax advisor to determine the suitability of any investment.
3. DISCLAIMER OF WARRANTIES
YOU HEREBY EXPRESSLY AGREE THAT ACCESS TO AND USE OF THE WEBSITE, THE SERVICES, THE CONTENT, AND THE INTERNET IS AT YOUR SOLE RISK. THE WEBSITE, THE SERVICES, AND THE CONTENT (AS WELL AS ANY THIRD-PARTY SERVICES, PRODUCTS, AND INFORMATION DELIVERED TO YOU IN CONNECTION THEREWITH) ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND (EXPRESS OR IMPLIED); THE WARRANTIES HEREBY DISCLAIMED INCLUDE ANY WARRANTY OF MERCHANTIBILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEBSITE OR THE SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING OR THAT THE COMPANY WILL HAVE ADEQUATE CAPACITY FOR THE WEBSITE OR THE SERVICES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. THE WEBSITE, THE SERVICES, AND THE CONTENT MAY CONTAIN ERRORS, INCLUDING TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS. In addition, the Website and the Services may enable you to access or download harmful or malicious code introduced onto the Internet by third parties. The Website and the Services may be available internationally and may contain references to programs or services of the Company and/or its suppliers that are not available in your location. Such references do not imply that the Company or its suppliers intend to make available such products, programs or services in your location.
4. LIMITATIONS OF LIABILITIES
YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY IN RELATION TO ANY DISPUTE WITH THE COMPANY, ITS LICENSORS, SUPPLIERS OR AFFILIATES (OR ANY OF THEIR EMPLOYEES, OFFICERS, MEMBERS, OR DIRECTORS) IS TO STOP USING THE WEBSITE AND THE SERVICES, AND TO CANCEL YOUR ACCOUNT. YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL THE COMPANY, ITS LICENSORS, SUPPLIERS, OR AFFILIATES (OR ANY OF THEIR EMPLOYEES, OFFICERS, MEMBERS, OR DIRECTORS) BE LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING ANY CONDUCT, COMMUNICATION OR CONTENT ASSOCIATED WITH THE WEBSITE, THE SERVICES, OR THE CONTENT.
FURTHER, YOU AGREE THAT WHALEY GLOBAL RESEARCH, LLC SHALL NOT BE HELD LIABLE TO ANYONE FOR ANY LOSS OF INJURY CAUSED IN WHOLE OR IN PART BY ITS NEGLIGENCE OR BY CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING ANY PORTION OF WHALEY GLOBAL RESEARCH, LLC’S WEBSITE, THEWHALEYREPORT.COM’S WEBSITE, CONTENT OR SERVICES.
YOU AGREE THAT YOU BEAR THE RESPONSIBILITY FOR YOUR OWN INVESTMENT RESEARCH AND INVESTMENT DECISIONS AND THAT WHALEY GLOBAL RESEARCH, LLC SHALL NOT BE LIABLE FOR ANY DECISION MADE OR ACTION TAKE BY YOU OR OTHERS BASED UPON RELIANCE ON NEWS, INFORMATION, OR ANY MATERIAL PUBLISHED BY WHALEY GLOBAL RESEARCH, LLC.
NEITHER WHALEY GLOBAL RESEARCH, LLC NOR ANY OF ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES OR CONTENT OR SERVICE PROVIDERS SHALL BE LIABLE TO YOU OR OTHER THIRD PARTIES FOR ANY DIRECT, INDIRECT, INCIDENTIL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF TH EUSE OF CONTENT OR SERVICES OR THE INABILITY TO GAIN ACCESS TO OR USE THE CONTENT OR SERVICES.
MOREOVER, IN NO CASE SHALL THE COMPANY, ITS LICENSORS, SUPPLIERS OR AFFILIATES (OR ANY OF THEIR EMPLOYEES, OFFICERS, MEMBERS, OR DIRECTORS) BE LIABLE TO YOU OR ANYONE DERIVING RIGHTS FROM YOU IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO THE COMPANY FOR THE SERVICES DURING THE ONE (1) YEAR PERIOD PRIOR TO THE DATE ON WHICH YOUR CLAIM PURPORTEDLY AROSE. IN NO CASE SHALL ANY OF SUCH PERSONS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM THEFT OR LOSS OF PROFITS, DATA, USE, GOODWILL, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSS) RELATINGING IN ANY WAY TO YOUR USE OF OR INABILITY TO USE THE WEBSITE, THE SERVICES, OR THE CONTENT. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER SUCH ALLEGED LIABILITY IS BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND REGARDLESS OF WHETHER ANY PERSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF CERTAIN CATEGORIES OF LIABILITY, THE FOREGOING LIMITATIONS SHALL APPLY TO YOU ONLY TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW.
THE COMPANY DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD-PARTY PRODUCT OR SERVICE OFFERED THROUGH OR IN CONNECTION WITH THE WEBSITE OR THE SERVICES AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
5. LINKS WITH OTHER SITES
The Website and/or the Services may provide links or references to websites or services that are maintained or provided by third parties. The Company is not responsible for and does not assume responsibility for any content or practice of any such site or service. Your use of any such site or service is entirely at your own risk. The Company provides such links and/or references solely as a convenience to you and not as an endorsement or approval of any content, practice, owner, or sponsor. The company makes no warranties of any kind in relation to such sites and/or services.
You agree to defend, indemnify and hold harmless the Company and its licensors, affiliates, suppliers, employees, officers, and directors from and against all claims (including investigations and allegations that are not yet presented as litigation) and liabilities, losses and expenses, including attorneys' fees and costs, arising in connection with any breach of these Terms of Service. If you fail to provide a defense satisfactory to the Company, the Company may assume the defense and invoice you for the cost thereof, which invoice(s) you shall pay immediately upon presentation.
7. GOVERNING LAW
These Terms of Service, as well as your use of the Website and the Services, are governed by and shall be construed in accordance with the laws of the Commonwealth of Virginia, without regard to its provisions relating to conflicts of laws. By agreeing to these Terms of Service or by accessing or using the Website and/or any of the Services, you submit to the personal jurisdiction of the federal and state courts of the Commonwealth of Virginia. You further agree that such courts shall have exclusive jurisdiction over any claim brought by you under or in connection with these Terms of Service, the Website, or any of the Services.
8. VOID WHERE PROHIBITED
The Company makes no representation or warranty that any material on the Website or in the Services is lawful in every jurisdiction from which such material can be accessed, or is available for use in all jurisdictions. If you access or use the Website or the Services from a jurisdiction outside of the United States you are responsible for compliance with all applicable local laws.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, video clips, digital downloads, data compilations, and software, is the property of Whaley Global Research, LLC or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Whaley Global Research, LLC and protected by U.S. and international copyright laws.
10. COPYRIGHT COMPLAINTS
Whaley Global Research, LLC and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please send an email to email@example.com with the subject line “Copyright Matter” and the body of your message should describe your concerns. Whaley Global Research, LLC will endeavor to appropriately resolve any such matter brought to its attention.
11. CONFLICTS OF INTEREST
You understand and agree that employees of Whaley Global Research, LLC are actively engaged in trading the financial markets on a routine basis either in personal accounts or in other professional roles which are separate from their roles with Whaley Global Research, LLC. You understand and agree that employees of Whaley Global Research, LLC may hold or consider holding securities, long or short, that are discussed through the Content delivered by Whaley Global Research, LLC. You further understand and agree that Whaley Global Research, LLC and its employees have no obligation to inform you of any shift of opinion or disclosure of trading activity, regardless of whether it conforms with, or stands in direct opposition to, previously featured Content.
If any provision of these Terms of Service is held to be invalid or unenforceable, that provision will be deemed to be restated to reflect as nearly as possible the original intention in accordance with applicable law, and the remainder of these Terms of Service will remain in full force and effect. These Terms of Service constitute the entire agreement between the Company and you with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these Terms of Service will be effective only if in writing and signed by the Company. The failure of the Company to assert any right under these Terms of Service shall not be considered a waiver of that right, which shall remain in full force and effect. In addition, these Terms of Service are not intended to confer, and do not confer, any rights or remedies upon any person other than you. These Terms of Service and all related documents are written and shall be interpreted in the English language.
The NASDR has provided its own insights into how to invest carefully in this new, electronic world and NASAA also provides tips on how not to fall prey to online investment schemes. The SEC, NASDR and the NASAA maintain outstanding websites at http://www.sec.gov and http://www.nasdr.com, and http://www.nasaa.org respectively.
13. CONTACT US
If you have any questions, concerns, or comments regarding these Terms of Service, or have other questions or suggestions about our Website or the Services, you may contact us via email at firstname.lastname@example.org