smartchartinvestor.com is an Internet-based publication (the “Website”) owned and published by Smart Chart Trading, Inc. (the “Publisher”). The Publisher is not registered as an investment adviser with any federal or state regulatory agency. Rather, Publisher relies upon the “publisher’s exclusion” from the definition of “investment adviser” as provided under Section 202(a)(11) of the Investment Advisers Act of 1940 and corresponding state securities laws. The Website is a bona fide publication of general and regular circulation offering impersonalized investment-related advice to subscribers and/or prospective subscribers (e.g., not tailored to the specific investment portfolio or needs of current and/or prospective subscribers).
The Website is limited to the dissemination of impersonal and objective investment-related information, together with access to additional impersonal investment-related information and links. The publication of the Website on the Internet and the publication of any content should not be construed by any subscriber and/or prospective subscriber as Publisher’s (i) solicitation to effect, or attempt to effect transactions in securities over the Internet, or (ii) provision of any investment related advice or services tailored to any particular individual’s financial situation or investment objectives.
Subscribers do not receive investment advisory, investment supervisory or investment management services, nor the initial or ongoing review or monitoring of the subscriber’s individual investment portfolio or individual particular needs. Therefore, no subscriber should assume that his/her/its subscription serves as a substitute for individual personalized advice from an investment professional of the subscriber’s choosing. Rather, the Website is designed solely to provide subscribers with a method to evaluate certain investment-related information and trading information.
The subscriber maintains absolute discretion as to whether or not to follow any portion of the Website content. Publisher does not offer or provide investment implementation services, nor does it offer or provide initial or ongoing individual personalized advice (neither in person nor via the Internet). It remains the subscriber’s exclusive responsibility to review and evaluate the content and to determine whether to accept or reject any recommendation and to correspondingly determine whether any such recommendation or model portfolio is appropriate for a subscriber’s investment portfolio or objective (of which Publisher has and expresses no knowledge or opinion). Publisher expresses no opinion as to whether any of recommendations contained on the Website is appropriate for a subscriber’s investment portfolio, strategy, financial situation, or investment objective(s).
The subscriber acknowledges that any past performance referred to on the Website relative to any information, recommendation, portfolio or security may not be indicative of future results, and understands that any opinions contained on the Website reflect Publisher’s judgment exclusively as of that particular date. Therefore, no current or prospective subscriber should assume that the future performance of any specific investment, investment strategy (including any of the investments and/or investment strategies recommended on the Website) or non-investment-related content will be suitable or profitable for a subscriber’s portfolio, equal historical or anticipated performance level(s), or prove to be correct. Certain portions of the Website (i.e. past newsletters, articles, etc.) may contain a discussion of, and/or provide access to, commentary and/or recommendations as of a specific prior date. Due to various factors, including changing market conditions, such discussion may no longer be reflective of current position(s) and/or recommendation(s), and no subscriber should rely thereon.
Limitations of Website Content/Trading Information:
The decision to utilize any Website content remains exclusively with the subscriber. The Publisher does not receive any more or less of a subscription fee based upon a subscriber’s decision to use or not use any portion of the Website content. The Publisher does not offer or provide any personalized investment or consulting services, nor does it offer or provide any implementation services. Should a subscriber determine to use one or more Portfolio, he/she is responsible for implementing the Website content at the broker-dealer/custodian of his/her choosing, for which separate fees (transaction fees, etc.) may apply. It is the subscriber’s exclusive responsibility to determine which model, if any, are suitable for his/her financial situation and/or investment objectives, both initially and on an ongoing basis. Past performance may not be indicative of future results. Therefore, no current or prospective subscriber should assume that future performance of any specific investment or investment strategy (including any trading signal or portion of the Website content) will be profitable or equal the corresponding indicated performance level(s). Different types of investments involve varying degrees of risk, and there can be no assurance that any specific investment will either be suitable or profitable for a subscriber or prospective subscriber’s investment portfolio. Subscribers do not receive investment advisory, investment supervisory or investment management services, nor the initial or ongoing review or monitoring of the subscriber’s individual investment portfolio or individual particular needs. Therefore, no subscriber should assume that his/her/its subscription serves as a substitute for individual personalized advice from an investment professional of the subscriber’s choosing.
Some of the examples published on the Website for educational purposes include hypothetical, back-tested results that were achieved by means of the retroactive application of a back-tested portfolio. The corresponding results have inherent limitations, including: (a) the portfolio results do not reflect the results of actual trading using investor assets, but were achieved by means of the retroactive application of each of the referenced portfolios, certain aspects of which may have been designed with the benefit of hindsight; (b) back tested performance may not reflect the impact that any material market or economic factors might have had on the adviser’s use of the hypothetical portfolio if the portfolio had been used during the period to actually mange investor assets; (c) for various reasons (including the reasons indicated above), subscribers may have experienced investment results during the corresponding time periods that were materially different from those portrayed in the portfolio. All hypothetical results were compiled by the Publisher and not independently verified.
Each user of the Website acknowledges and accepts the limitations of the Website and agrees, as a condition precedent to his/her/its access to the Website, to release and hold harmless Publisher, its members, officers, directors, owners, employees, advisors, affiliates, and agents from any and all adverse consequences resulting from his/her/its subscription, including, but not limited to, losses resulting from the user’s implementation of any trading information or recommendation, or any other portion of the Website content, or the failure to maintain confidential his or her Website password.