Terms of Service, disclaimers and refund policy
These Terms of Service govern your use of the website located at
https://guslucioni.com/en-us/ and any related services provided by
Guslucioni.com.
By accessing https://guslucioni.com, you agree to abide by these Terms of
Service and to comply with all applicable laws and regulations. If you do not
agree with these Terms of Service, you are prohibited from using or
accessing this website or using any other services provided by
Guslucioni.com.
We, Guslucioni.com, reserve the right to review and amend any of these
Terms of Service at our sole discretion. Upon doing so, we will update this
page. Any changes to these Terms of Service will take effect immediately
from the date of publication.
These Terms of Service were last updated on 29 August 2022.
Limitations of Use
By using this website, you warrant on behalf of yourself, your users, and
other parties you represent that you will not:
1. modify, copy, prepare derivative works of, decompile, or reverse
engineer any materials and software contained on this website;
2. remove any copyright or other proprietary notations from any
materials and software on this website;
3. transfer the materials to another person or “mirror” the materials on
any other server;
4. knowingly or negligently use this website or any of its associated
services in a way that abuses or disrupts our networks or any other
service Guslucioni.com provides;
5. use this website or its associated services to transmit or publish any
harassing, indecent, obscene, fraudulent, or unlawful material;
6. use this website or its associated services in violation of any
applicable laws or regulations;
7. use this website in conjunction with sending unauthorized advertising
or spam;
8. harvest, collect, or gather user data without the user’s consent; or
9. use this website or its associated services in such a way that may
infringe the privacy, intellectual property rights, or other rights of third
parties.
General Terms
1. By using or accessing the Site, you thereby agree, (a) that you have
received, read and understood these Terms and Conditions, and that
these Terms and Conditions create a valid and binding agreement,
enforceable against you in accordance with the terms hereof, (b) to
be bound by these Terms and Conditions, any terms, conditions or
other rules, regulations or policies of Guslucioni.com, as each may be
amended or supplemented from time to time in our sole discretion
without notice, and (c) that your use of the Site shall comply with all
applicable federal, state and local laws, rules or regulations, and that
you are solely responsible for your compliance with, familiarity with
and understanding of any such laws, rules or regulations applicable
to your use of the Site. If you do not agree with any portion of these
Terms and Conditions, you are prohibited from using or accessing
the Site.
2. Additionally, and without limiting the foregoing, by using or accessing
the Site, you represent and warrant to us that you: (a) are eighteen
(18) years of age or older, (b) are not currently restricted from using
the Site, or not otherwise prohibited from having an account with us,
(c) are not a competitor of Guslucioni.com, or engaged in any
business or activity, directly or indirectly, that could be competitive
with the business or activities of Guslucioni.com, and are not using
the Site for any reason that may be in competition with the Site or any
other product or service offered by Guslucioni.com, (d) have full
power and authority to enter into and perform these Terms and
Conditions, and doing so will not violate any other agreement to
which you are a party, (e) will not violate any rights of
Guslucioni.com, including, without limitation, intellectual property
rights such as patent, copyright or trademark rights, and (f) agree to
provide, operate and maintain, at your sole risk, cost and expense, all
equipment, software, and internet access necessary to use the Site.
Ownership
By becoming a customer of Guslucioni.com and using the Site,
Guslucioni.com hereby grants to you a limited revocable license to use the
Site, and its content, materials and services, solely for your personal use
and for the purposes set forth on the Site, and subject to these Terms and
Conditions and all other rules, regulations and policies imposed or adopted
by Guslucioni.com in connection with the Site, which may be amended by
Guslucioni.com at any time in its sole discretion and without notice. Such
limited revocable license is freely revocable and terminable by
Guslucioni.com at any time, without cause and in the sole discretion of
Guslucioni.com. Without limiting the foregoing, this limited revocable
license shall automatically be revoked and terminated upon any violation of
these Terms and Conditions or any other rule, regulation or policy of
Guslucioni.com. Upon revocation or termination of this limited revocable
license, you shall, and hereby agree to, destroy any materials (electronic or
otherwise) related to the Site that remain in your possession or control, and
acknowledge that after such revocation or termination Guslucioni.com may
deny your access to the Site and any other Guslucioni.com content,
materials or services in its sole discretion. Any personal information of a
user whose limited revocable license is revoked or terminated by
Guslucioni.com will be preserved or disposed of in accordance with the
terms of the Privacy Policy of Guslucioni.com. Any information you submit
to Guslucioni.com is at your own risk of loss, and Guslucioni.com assumes
no liability or responsibility therefor.
Guslucioni.com reserves all rights not expressly granted in these Terms
and Conditions, including, without limitation, title, ownership, intellectual
property rights, and all other right, title and interest in and to the Site, the
products and services of Guslucioni.com, and all related content, materials,
services, and other documents, information or items, including any copies
or derivative works thereof. You acknowledge and agree that the Site, the
products and services of Guslucioni.com, and all related content, materials,
services, and other documents, information or items, including any copies
or derivative works thereof, is owned by Guslucioni.com, and is protected
by copyright, trademark and other intellectual property laws. You further
acknowledge and agree that the Site, the products and services of
Guslucioni.com, and related content, materials, services, and other
documents, information or items, including any copies or derivative works
thereof, contains certain proprietary data and information of
Guslucioni.com, that you will not use this data or information for any
unlawful or unauthorized purpose, and that you will use reasonable efforts
to protect them from illicit distribution or use.
Additionally, you grant Guslucioni.com an exclusive, irrevocable,
worldwide, perpetual, unlimited, freely assignable and sublicenseable, fully
paid up and royalty-free right to use, copy, prepare derivative works of,
improve, distribute, publish, remove, retain, add, process, analyze and
commercialize, in any way now known or in the future discovered, any
information, content, ideas, concepts, techniques, data or suggestions
submitted to the Site for the purpose of improving or modifying the Site, or
any content, materials or services, or for the purpose of creating or
developing new content, materials, services or product related to, arising
from or ancillary or similar to the Site, without any further consent, notice
and/or compensation to you or to any third parties.
Intellectual Property
The intellectual property in the materials contained in this website are
owned by or licensed to Guslucioni.com and are protected by applicable
copyright and trademark law. We grant our users permission to download
one copy of the materials for personal, non-commercial transitory use.
This constitutes the grant of a license, not a transfer of title. This license
shall automatically terminate if you violate any of these restrictions or the
Terms of Service, and may be terminated by Guslucioni.com at any time.
Liability
Our website and the materials on our website are provided on an 'as is'
basis. To the extent permitted by law, Guslucioni.com makes no
warranties, expressed or implied, and hereby disclaims and negates all
other warranties including, without limitation, implied warranties or
conditions of merchantability, fitness for a particular purpose, or non-
infringement of intellectual property, or other violation of rights.
In no event shall Guslucioni.com or its suppliers be liable for any
consequential loss suffered or incurred by you or any third party arising
from the use or inability to use this website or the materials on this website,
even if Guslucioni.com or an authorized representative has been notified,
orally or in writing, of the possibility of such damage.
In the context of this agreement, “consequential loss” includes any
consequential loss, indirect loss, real or anticipated loss of profit, loss of
benefit, loss of revenue, loss of business, loss of goodwill, loss of
opportunity, loss of savings, loss of reputation, loss of use and/or loss or
corruption of data, whether under statute, contract, equity, tort (including
negligence), indemnity, or otherwise.
Because some jurisdictions do not allow limitations on implied warranties,
or limitations of liability for consequential or incidental damages, these
limitations may not apply to you.
Accuracy of Materials
The materials appearing on our website are not comprehensive and are for
general information purposes only. Guslucioni.com does not warrant or
make any representations concerning the accuracy, likely results, or
reliability of the use of the materials on this website, or otherwise relating to
such materials or on any resources linked to this website.
Links
Guslucioni.com has not reviewed all of the sites linked to its website and is
not responsible for the contents of any such linked site. The inclusion of
any link does not imply endorsement, approval, or control by
Guslucioni.com of the site. Use of any such linked site is at your own risk
and we strongly advise you make your own investigations with respect to
the suitability of those sites.
Right to Terminate
Guslucioni.com reserves the right to investigate violations of any of these
Terms and Conditions or any other policies of Guslucioni.com or the Site,
or any other violations of any state, federal or local law, rule or regulation,
and to pursue any remedy available to Guslucioni.com whether at law, in
equity or otherwise. You hereby acknowledge and agree that
Guslucioni.com may notify, involve and cooperate with law enforcement
authorities in investigating and prosecuting users who violate these Terms
and Conditions or any other policies of Guslucioni.com or the Site, and any
other violations of any state, federal or local laws, rules or regulations. You
further acknowledge and agree that Guslucioni.com has no obligation to,
and does not, screen or monitor any users, information, materials or other
content provided or made available through the Site, but has the right to do
so at any time in its sole discretion. You further acknowledge and agree
that Guslucioni.com may, in its sole discretion, remove or delete any
entries, information, materials or other content, and terminate the
subscription, membership or account (collectively, your “account”) of any
user, that violates these Terms and Conditions or otherwise posts, submits,
or disseminates content that Guslucioni.com finds, in its sole discretion, to
be objectionable.
You acknowledge and agree that Guslucioni.com may, in its sole
discretion, cancel, suspend or terminate your account if you breach these
Terms and Conditions. Guslucioni.com may refuse, in its sole discretion, to
permit any use of the Site, and may refuse to permit any person to access
or use the Site or your account for any reason at any time.
Purchases and Refunds
Through the Site, Guslucioni.com offers individual monthly subscriptions.
When purchasing a monthly subscription on the Site, a valid credit or debit
card will be required for billing purposes. You hereby consent to,
acknowledge and allow Guslucioni.com to store (or cause a third party to
store on behalf of Guslucioni.com) such payment information and agree to
the following policies and procedures for payment of monthly subscriptions:
1. Immediately upon signing up for a monthly subscription on the Site,
the fees associated with the first period or term of your selected
account or service (monthly, quarterly, annual, as applicable) will be
charged to such credit or card. On the day of expiration of the initially
selected period or term, and each subsequent such period or term
until your account or other periodic service is cancelled in
accordance with these Terms and Conditions, the fees associated
with your selected account or service for the following applicable
period or term will be automatically renewed, and an amount for your
renewed account or service will be billed and charged to such credit
or debit card by Guslucioni.com in accordance with the Site’s then-
current pricing schedule. If the credit or debit card associated with
your account or service should expire, terminate or any payment is
otherwise rejected by the issuing company, Guslucioni.com may
immediately terminate your account or service. It is solely your
responsibility to ensure (1) that valid credit or debit card information
remains on file for your account or service and the automatic renewal
thereof, and (2) that a valid email address remains on file for your
account or service for any communications from Guslucioni.com
related thereto.
2. All payments made to Guslucioni.com in connection with any product
purchased or account or service, and any renewal thereof, are
refundable in a case by case analysis; and Guslucioni.com does not
offer, and is not required to provide, any refunds or credits for any
reason, including, without limitation, satisfaction or your failure to
cancel your account or service prior to its automatic renewal. There is
no circumstance in which you will be entitled to, or Guslucioni.com is
required to provide, a refund or credit for any reason, including,
without limitation, satisfaction or your failure to cancel your account
or service prior to its automatic renewal.
3. All fees charged by Guslucioni.com in connection with any product
purchased or account or service of the Site are exclusive of any
taxes, levies, or duties imposed by any taxing authority, and you shall
be, and hereby are, responsible for the payment of all such taxes,
levies, or duties arising from your purchase of products or use of the
Site.
Modifications to the Site and Pricing
Guslucioni.com reserves the right to, and you acknowledge and agree that
Guslucioni.com may modify the Site, including without limitation the
content, materials and services offered thereby, and the fees, costs and
pricing associated with the Site at any time and without notice. Without
limiting the generality of the foregoing, Guslucioni.com reserves the right at
any time and from time to time to modify or discontinue, temporarily or
permanently, the Site (or any part or portion thereof) without notice. Any
new features that augment or enhance the then-current version of the Site,
including the release of new tools and resources, shall be subject to these
Terms and Conditions and may result, in Guslucioni.com’s sole discretion,
to a price increase. Guslucioni.com shall not be liable to you, or to any third
party, for any damages, costs, expenses or other liabilities related to any
modification, price change, suspension or discontinuance of the Site.
Without limiting the foregoing, Guslucioni.com may use banner notices or
similar devices to alert you to certain modifications to the Site or the pricing
associated therewith. Alternatively, notice may consist of an email from
Guslucioni.com or the Site to an email address associated with your
account or service, even if we have other contact information. You also
agree that Guslucioni.com may communicate with you through any
available means including email, mobile number or telephone about your
account or service or any products or services associated with the Site.
You acknowledge and agree that we shall have no liability associated with
or arising from your failure to maintain accurate contact or other
information, including, but not limited to, your failure to receive critical
information about the Site or pricing.
Cancellations
Your account or service may be cancelled, subject to the terms hereof, at
any time; provided that, as set forth above, no refunds will be issued if your
account or other periodic fee-based service is cancelled prior to the end of
the applicable period or term.
When you cancel, you are solely responsible for properly canceling your
account or service. Your account or service may be cancelled at any time
by requesting such cancellation in writing using our contact us feature or by
Whatsapp, which cancellation request must receive a confirmation of
receipt from Guslucioni.com and which cancellation will be processed by
Guslucioni.com in accordance with its timelines. The cancellation of your
account or service will immediately result in the deactivation and deletion of
your account or service, the denial of access to the trading group and the
forfeiture and relinquishment of all content and information within or related
to your account or service. No data, content or information can be
recovered once your account or service is cancelled, and you assume all
responsibility for preserving any data, content or information on your
account or service prior to its cancellation. Guslucioni.com may retain data,
content or information from your account after cancellation in backup
and/or archival copies of the Site and related databases, but such copies, if
any, will not be available to you.
Disclaimers
Guslucioni.com 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:
A. Your Responsibility
1. Guslucioni.com is not registered as an investment adviser with the
U.S. Securities and Exchange Commission. Rather, Guslucioni.com
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, Guslucioni.com 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. 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 Guslucioni.com, the Site and the other products and services of
Guslucioni.com, is solely incidental to the business and activities of
Guslucioni.com in providing educational services.
2. You remain solely responsible for all decisions regarding your
purchase and sale of securities, the suitability, profitability or
appropriateness for you of any security, investment, financial product,
investment strategy or other matter, and all other matters related to
your investments and investment strategies. Guslucioni.com does not
and will not provide you with any legal, tax, estate planning or
accounting advice, or any advice regarding the suitability, profitability
or appropriateness for you of any security, investment, financial
product, investment strategy or other matter. You understand,
acknowledge and agree that Guslucioni.com employees are not
authorized to give any such advice, you will neither solicit nor rely on
any investment advice from any Guslucioni.com employee.
Guslucioni.com recommends that persons desiring to trade or invest
in securities do so cautiously and only in consultation with their
professional, licensed and qualified financial, legal, tax, estate
planning and accounting advisors.
3. No data, content or information provided by Guslucioni.com,
the Site or the other products and services of Guslucioni.com, is
intended, and shall not constitute or be construed as, advice or any
recommendation to buy or sell securities, nor any offer, or solicitation
of an offer, to buy or sell securities, nor an attempt to influence the
purchase or sale of any security. Guslucioni.com 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 Guslucioni.com do not require any
such registration.
B. Data, Content and Information
1. No data, content or information provided by Guslucioni.com, the
Site or the other products and services of Guslucioni.com, is
intended, and shall not constitute or be construed as, advice or
any recommendation to buy, sell or hold a particular security or
pursue any particular investment strategy.
2. Guslucioni.com 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
Guslucioni.com. This includes, without limitation, any chat room
or other online conference, telecast or posting through
Guslucioni.com. 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 Guslucioni.com 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 otherwise invest in securities 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 Guslucioni.com, the Site or the other products and services of
Guslucioni.com.
3. Guslucioni.com 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 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 making any
investment.
4. The chat rooms on the Site are comprised of customers and
members (including, without limitation, moderators who are in
the employ of Guslucioni.com) posting content and information.
All such information and content is for informational purposes
only and does not constitute advice or a recommendation by
Guslucioni.com to enter into any securities transactions or
engage in any of the financial strategies reflected on or
suggested in the chat rooms (whether such data, content or
information is posted by Guslucioni.com or otherwise).
Customers and members may write about securities 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 not held by Guslucioni.com or its
directors, officers, shareholders, employees, agents or affiliates.
As such, Guslucioni.com is not responsible for the accuracy of
data, content or information or any performance data in the chat
room; 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 chatroom is intended
as, nor should you rely on it as, investment advice provided by
Guslucioni.com or its directors, officers, shareholders,
employees, agents or affiliates.
5. Guslucioni.com does not control, and does not endorse, any
data, content or information posted on the chatroom on the Site.
You understand, acknowledge and agree that your participation
therein is at your own risk, and Guslucioni.com expressly
disclaims responsibility for any such data, content or information.
Guslucioni.com 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
chatroom on the Site, you may be exposed to material that you
deem to be offensive, indecent, obscene or otherwise
objectionable. Under no circumstances will you hold
Guslucioni.com, 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
chatroom on the Site.
6. Without limiting the generality of the foregoing, you understand,
acknowledge and agree that chat room 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 relay on such opinions and ideas which may not
be complete or accurate. Each of Guslucioni.com’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, our alerts service and chat
room) constitutes, or is intended to constitute, a
recommendation by us of any particular security 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 do
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 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 Guslucioni.com
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
Guslucioni.com, 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 Guslucioni.com
any data.
10. Through your use of the site, You expressly contract and
consent to the operations of Guslucioni.com (including the
moderator actions and omissions discussed above) and release
Guslucioni.com, 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 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 loose. Don’t trade with money you can’t afford
to lose.
C. Activities of Personnel
1. Guslucioni.com, and its directors, officers, shareholders,
employees, agents and affiliates, are active investors and
traders of securities. Such parties may, not are not required to,
purchase or sell any security, or engage in any investment
strategy, contained in any data, content or information on the
Site, or in the other products or services of Guslucioni.com.
Such parties will purchase or sell securities, 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 Guslucioni.com
strategies and are not required to disclose or notify you, or any
other person or party, with respect to any such decisions or
activities. Guslucioni.com personnel adhere to their unique
individual plans developed and implemented by them with or
without Guslucioni.com, and experiences will not be duplicated
and are not typical.
2. Guslucioni.com 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 a false or
misleading appearance with respect to the market for such
security, to effect any transaction in such security which involves
no change in the beneficial ownership thereof, to enter an order
or orders for the purchase of such security 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, 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 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, has been or will be entered by or for
the same or different parties.
3. Guslucioni.com 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 raising or depressing the
price of such security, for the purpose of inducing the purchase
or sale of such security by others.
4. Guslucioni.com 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 for the purpose of pegging, fixing, or stabilizing
the price of such security in contravention of any law, rule or
regulation.
5. You understand, acknowledge and agree that Guslucioni.com,
and its directors, officers, shareholders, employees, agents and
affiliates, engage in active trading of securities, 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 at a price
that may have been affected by the business or activities of
Guslucioni.com, or its directors, officers, shareholders,
employees, agents or affiliates.
Investments and Results
The purchase and sale of securities, futures, or commodities involve a high
degree of risk and is speculative in nature. The purchase and sale of
securities 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 or commodities.
Guslucioni.com, and the content and information contained on the Site, and
in other products and services of Guslucioni.com, do not indicate or
guarantee any predictable, general, specific or other results. The purchase
and sale of securities, and 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.
As more fully set forth herein, Guslucioni.com, 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.
Guslucioni.com 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 guaranty that any result
will be obtained by you. Your results may differ materially from those
expressed or utilized by Guslucioni.com due to a number of factors.
As in the 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.
Indemnification
You shall, and hereby agree to, indemnify and hold harmless,
Guslucioni.com, and its officers, directors, shareholders, employees,
agents and affiliates, from any and all claims, losses, damages, liabilities
and any other costs and expenses (including attorneys’ fees), arising from
or related to your (i) breach of a representation or warranty contained in
these Terms and Conditions, (ii) breach of, or failure to comply with, any
term contained in these Terms and Conditions, (iii) use of the Site or any
products or services of Guslucioni.com, or (iv) use of, access to or other
activity engaged in, on, through, related to or in connection with the Site.
Severance
Any term of these Terms of Service which is wholly or partially void or
unenforceable is severed to the extent that it is void or unenforceable. The
validity of the remainder of these Terms of Service is not affected.
Governing Law
These Terms of Service are governed by and construed in accordance with
the laws of United States of America. You irrevocably submit to the
exclusive jurisdiction of the courts in that State or location.
Entire Agreement
You agree that these Terms and Conditions constitute the entire, complete
and exclusive agreement between you and us regarding the Site and the
products and services of Guslucioni.com, and supersedes all prior
agreements and understandings, whether written or oral, or whether
established by custom, practice, policy or precedent, with respect to the
subject matter of these Terms and Conditions. The provisions of these
Terms and Conditions shall survive any termination thereof indefinitely.