You agree to abide by the following Terms of Services in order to use TraderSumo.
TraderSumo.com is an entertainment and education digital commerce website that provides access to entertainment and educational resources that are not to be considered at financial recommendations. TraderSumo.com publishes information that is educational in nature and designed to contribute to the overall understanding of various types of technical 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, futures, and currency markets 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. Our trades are viewable during the broadcast and profits and losses are seen during and after executions. However, we are in no way representing that similar results will be achieved by following our strategies and picks.
We do not offer our various model portfolios as trading recommendations for you to copy. These models represent our own accounts and/or opinions and are not intended for use as recommendations to buy or sell any financial product. It is your responsibility to make your own decisions as what you want to do with your own portfolio.
We do not claim to have a special insight into the markets that prevent us from making mistakes. We do make mistakes. Observe our mistakes and utilize these lessons in your own trading programs.
We at TraderSumo.com are not Financial Advisors or Registered Analysts. We are a content provider and publisher. We are not a registered broker-dealer. By using our Services, you expressly acknowledge that you understand that our Services are for informational and educational purposes only, and that no mention of a particular security or investment strategy, by us or any third party, constitutes a recommendation to buy, sell, or hold that or any other security, or that any particular security, portfolio of securities, transaction or investment strategy is suitable for you or any specific person. You also acknowledge that neither we nor any third party will advise you personally concerning the nature, potential, value or suitability of any particular security, portfolio of securities, transaction, investment strategy or other matter. To the extent any of the information contained in our Services may be deemed to be investment advice, such information is impersonal and not tailored to the investment needs of you or any specific person. Additionally, opinions provided in one of our Services may differ from those provided in another Service.
You also acknowledge that from time to time any or all of our content providers and contributors, as well as their affiliates, may hold positions in the securities mentioned and that they may trade for their own accounts. If such a position is held at the time of publication, an appropriate disclosure will be made at the time of publication.
Finally, you acknowledge that the Services use performance data believed to be reliable, but that we do not guarantee the accuracy or completeness of such data.
BEFORE SELLING OR BUYING ANY STOCK OR OTHER INVESTMENT YOU SHOULD CONSULT WITH A QUALIFIED BROKER OR OTHER FINANCIAL PROFESSIONAL TO VERIFY PRICING INFORMATION AND TO SOLICIT ADVICE AS TO THE APPROPRIATENESS OF A GIVEN TRANSACTION OR INVESTMENT.
Commodity Futures Trading Commission (CFTC) 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.
Trading of stocks, options, futures, or currencies may not be suitable for everyone. Equities, Futures, Options, and Currency trading and investing have large potential for rewards, but also large potential risk. You must be aware of the risks and be willing to accept them in order to invest in the Equities, Futures, Options, and Currency markets. Absolutely do not trade with money you cannot afford to lose. Though there are large potential rewards, short-term trading is very risky, especially when your accounts are fully margined. There is certainly a chance in which you can lose all of your money. If you are trading futures, there is a chance that your account can go negative, and that you will end up owing money to your broker. In addition, prior to buying or selling a stock, option, currency, or futures contract, an investor will need a broker, and they must meet suitability requirements in order to trade these specific instruments.
*Options positions may have more than one leg for instance with spreads, condors or rolled over positions to a new month. The past performance of any trading system or methodology is not necessarily indicative of future results. You should carefully consider whether trading is suitable for you in light of your circumstances, knowledge and financial resources. Absolutely consult your Registered Financial Advisor and your Risk Trading Plan before ever investing or trading any financial instrument!
Options involve risk and are not suitable for all investors. Prior to buying or selling an option, investors must read a copy of the Characteristics & Risks of Standardized Options, also known as the options disclosure document (ODD). Go to http://www.optionsclearing.com/about/publications/character-risks.jsp It explains the characteristics and risks of exchange traded options. Copies of the ODD are available from your broker, from any exchange on which options are traded, by placing an order online, or by calling 1-888-OPTIONS (1-888-678-4667), or from The Options Clearing Corporation, One North Wacker Drive, Suite 500, Chicago, Illinois 60606.
You agree to indemnify, defend and hold harmless TraderSumo, its officers, directors, employees, agents, attorneys, and third party affiliates, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. We reserve the right, at our own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to fully cooperate with us in asserting any available defenses.
By accepting this disclaimer you are acknowledging the risks involved in trading the stock, options, currency, and futures markets and are also acknowledging that you, the subscriber, and NOT TraderSumo.com, are solely responsible for any losses, financial or otherwise, as a result of using this service. TraderSumo.com shall under no circumstances be liable for any lost profits, lost opportunities, misstatements, or errors contained within these pages. You also agree that TraderSumo.com will not be held liable for data accuracy, server problems, or any special or consequential damages that result from the use of, or the inability to use, any or all of the materials published on our Website. You agree to hold TraderSumo.com harmless for any act resulting directly or indirectly from this site, its data, content, materials, associated pages and documents.
Employees and Affiliates of TraderSumo.com likely have, or likely will have trades in the educational ideas posted in the trading room. No representation is being made that any account will or is likely to achieve profits or losses similar to those shown. Finally, past performance is in no way indicative of future results.
If you find yourself interested in our trading styles and education material, remember that it is important to diversify your investments and not throw all of your money into one basket or technique. If you do copy any position that resembles our buys and sells, you are doing so at your own risk. We’re not recommending that anyone copy us, and believe that all investors should make their own decisions.
You agree to defend, indemnify and hold us and our affiliates harmless from any and all claims, liabilities, costs and expenses arising in any way from your use of any services provided by TraderSumo.com.
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The individual subscriptions that you have with us makes up the whole of your membership. Nonpayment for any individual product or service that we offer can and will result in suspension or termination of your membership to all of our products and services until the open balances are resolved.
We reserve the right, in our sole and absolute discretion, to terminate your access to the Site and the related Services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the United States of America, and you hereby consent to the exclusive jurisdiction and venue of courts in North Carolina in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
Changes to Terms
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In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service or as part of your continued use of the Services. You may also have to create passwords or other forms of authentication. You agree to provide true, accurate, current and complete information about yourself, and you may not misrepresent your profile information. You agree and understand that you are responsible for maintaining the confidentiality of any such information or passwords. Accordingly, you agree that you will be solely responsible to TraderSumo for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify TraderSumo immediately.
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You acknowledge that any ideas, suggestions, concepts, processes or techniques which you provide to TraderSumo related to the Services, the Site or TraderSumo or its business (“Feedback”) shall become TraderSumo’s property without any compensation or other consideration payable to you by TraderSumo, and you do so of your own free will and volition. TraderSumo may or may not, in its sole discretion, use or incorporate the Feedback in whatever form or derivative TraderSumo may decide into the Site, its software, services, documentation, business or other products, or any future versions or derivatives of the foregoing. You hereby assign all rights on a worldwide basis in perpetuity to TraderSumo in any Feedback and, as applicable, waive any moral rights.
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Counterfeit Trademarks: The Trademark Counterfeiting Act, 18 U.S.C. § 2320(b)(1)(A), provides penalties of up to ten years’ imprisonment and a $2 million fine for a defendant who intentionally “traffics in goods or services and knowingly uses a counterfeit mark on or in connection with such goods or services,” or intentionally “traffics in labels, . . . documentation, or packaging . . .knowing that a counterfeit mark has been applied thereto.” Section 2320(b)(3) provides penalties of up to twenty years’ imprisonment and a $5 million fine for a defendant who intentionally traffics in counterfeit drugs or certain counterfeit military goods or services.
Counterfeit Labeling: The counterfeit labeling provisions of 18 U.S.C. § 2318 prohibit trafficking in counterfeit labels designed to be affixed to movies, music, software, and literary, pictorial, graphic, or sculptural works and works of visual art as well as trafficking in counterfeit documentation or packaging for such works. Violations are punishable by up to five years’ imprisonment and a $250,000 fine.
Criminal Copyright Infringement: Copyright infringement is a felony punishable by up to three years’ imprisonment and a $250,000 fine under 17 U.S.C. § 506(a) and 18 U.S.C. § 2319 where a defendant willfully reproduces or distributes at least ten copies of one or more copyrighted works with a total retail value of more than $2,500 within a 180-day period. The maximum penalty rises to five years’ imprisonment if the defendant also acted “for purposes of commercial advantage or private financial gain.” Misdemeanor copyright infringement occurs where the value exceeds $1,000 or where the defendant willfully violated any of the exclusive rights “for purposes of commercial advantage or private financial gain.”
Pre-Release Criminal Copyright Infringement: Pre-release piracy, i.e., willful infringement “by the distribution of a work being prepared for commercial distribution, by making it available on a computer network accessible to members of the public, if such person knew or should have known that the work was intended for commercial distribution,” is a felony punishable by up to three years’ imprisonment and a $250,000 fine under 17 U.S.C. § 506(a)(1)(C) and 18 U.S.C. § 2319(d). The maximum penalty rises to five years’ imprisonment if the defendant also acted “for purposes of commercial advantage or private financial gain.
Theft of Trade Secrets: The Economic Espionage Act contains two separate provisions that criminalize the theft of trade secrets. The first provision, 18 U.S.C. § 1831, prohibits the theft of trade secrets for the benefit of a foreign government, instrumentality, or agent, and is punishable by up to 15 years’ imprisonment and a $5,000,000 fine. The second, 18 U.S.C. § 1832, prohibits the commercial theft of trade secrets to benefit someone other than the owner, and is punishable by up to ten years’ imprisonment and a $250,000 fine. The penalties are higher for defendants who are companies. The statute broadly defines the term “trade secret” to include all types of information that the owner has taken reasonable measures to keep secret and that itself has independent economic value. 18 U.S.C. § 1839(3). Federal law also provides special protections to victims in trade secret cases to ensure that the confidentiality of trade secret information is preserved during the course of criminal proceedings. Specifically, the statute expressly states that courts “shall enter such orders and take such action as may be necessary and appropriate to preserve the confidentiality of trade secrets, consistent with the requirements of the Federal Rules of Criminal and Civil Procedure, the Federal Rules of Evidence, and all other applicable laws.” 18 U.S.C. § 1835(a); see also Levine & Flowers, How Prosecutors Protect Trade Secrets, 38 Am. J. Trial Advoc. 461 (2014-2015).
Camcording: The Family Entertainment and Copyright Act criminalizes the use of camcorders and similar devices to record movies playing in public theaters. “Camcording” is a felony punishable by up to three years imprisonment’ and a $250,000 fine under 18 U.S.C. §2319B(a) where a defendant “knowingly uses or attempts to use an audiovisual recording device to transmit or make a copy of a motion picture. . . in a motion picture exhibition facility.”
Additional Charges: Where appropriate, prosecutors may respond to intellectual property crime with additional charges, such as Wire Fraud (18 U.S.C. § 1343), Mail Fraud (18 U.S.C. § 1341), Computer Fraud and Abuse Act (18 U.S.C. § 1030), and Smuggling (18 U.S.C. § 545).
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