The Winning Trade's Disclaimer

Trading is a risky endeavor - if it were so easy, everyone would be doing it and making money. Please read this disclaimer very carefully and consult with your financial professional or adviser before making any trading or investment decision.

GOVERNMENT REGULATIONS REQUIRE DISCLOSURE OF THE FACT THAT WHILE THESE METHODS MAY HAVE WORKED IN THE PAST, PAST RESULTS ARE NOT NECESSARILY INDICATIVE OF FUTURE RESULTS. WHILE THERE IS A POTENTIAL FOR PROFITS THERE IS ALSO A RISK OF LOSS. A LOSS INCURRED IN CONNECTION WITH TRADING FUTURES CONTRACTS CAN BE SIGNIFICANT. YOU SHOULD THEREFORE CAREFULLY CONSIDER WHETHER SUCH TRADING IS SUITABLE FOR YOU IN LIGHT OF YOUR FINANCIAL CONDITION SINCE ALL SPECULATIVE TRADING IS INHERENTLY RISKY AND SHOULD ONLY BE UNDERTAKEN BY INDIVIDUALS WITH ADEQUATE RISK CAPITAL.

THERE IS SUBSTANTIAL RISK IN TRADING. A LOSS INCURRED IN CONNECTION WITH FUTURES TRADING CAN BE SIGNIFICANT. NEITHER THE WINNING TRADE NOR ITS CONTRIBUTORS MAKE ANY CLAIMS WHATSOEVER REGARDING PAST OR FUTURE PERFORMANCE. ALL EXAMPLES, DIAGRAMS, DISCUSSIONS, LESSONS, OR RECOMMENDATIONS ARE FOR EDUCATIONAL OR ENTERTAINMENT PURPOSES ONLY.

Any trades or hedges you make are taken at your own risk for your own account. Past performance is no guarantee of future results. While there is great potential for reward trading commodity futures, stocks, ETFs, options, and FOREX, there is also substantial risk of loss in all types of market trading. You must decide your own suitability to trade. Future trading results can never be guaranteed. This is not an offer to buy or sell futures, options or commodity interests. Neither The Winning Trade nor its contributors is a licensed investment adviser or commodity trading adviser nor is licensed as such with any federal or state regulatory agency. The Winning Trade does not manage client assets in any way. The Winning Trade is an educational/entertainment service, not an advisory or stock recommendation service. At times, The Winning Trade or its contributors will analyze the technical structure (chart) of various stocks or financial markets, but they are in no way compensated by the companies they analyze either in reports or daily commentaries. All examples are provided for educational/entertainment purposes.
The Winning Trade and its contributors rely 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. To the extent any of the content published on the website including e-mail transmissions, faxes, recorded voice messages, and any other associated messages/media (hereinafter collectively referred to as “Information”) 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 Web site and The Winning Trade's Trade Alert Email Newsletter Service, including e-mail transmissions, faxes, recorded voice messages, and any other associated messages/media (hereinafter collectively referred to as “Information”) is provided for informational, entertainment and educational purposes only. The Information should not be construed as investment/trading advice and is not meant to be a solicitation or recommendation to buy, sell, or hold any securities mentioned.

A portion of text is hereby included from the Securities and Exchange Commissions description of “Newsletters": "However, expressly excluded from the definition is “the publisher of bona fide newspaper, news magazine or business or financial publication of general and regular circulation.”
Section 401(f) of the Uniform Securities Act, upon which the majority of state securities laws are based, similarly excludes from the definition of investment adviser “a publisher of any bona fide newspaper, news column, newsletter, news magazine, or business or financial publication or service, whether communicated in hard copy form, or by electronic means, or otherwise, that does not consist of the rendering of advice on the basis of the specific investment situation of each client.”
Since a bona fide newsletter publisher is not an investment adviser, registration as such is not required. However, Section 17(b) of the Securities Act of 1933 (15 U.S.C. 77q(b)) prohibits any person from publishing, giving publicity to, or circulating any notice, circular, advertisement, newspaper, article, letter, investment service or communication which describes a security for a consideration received or to be received, directly or indirectly, from an issuer, underwriter or dealer, without fully disclosing the receipt, whether past or prospective, of such consideration and the amount thereof.

To restate: Futures trading and trading financial instruments involve substantial risk.
You agree that The Winning Trade, its subsidiaries, affiliates, officers and employees, SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES.
Members and readers agree to indemnify and hold The Winning Trade, its subsidiaries, affiliates, officers and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by the member or any third party due to or arising out of a member’s use of The Winning Trade's Trade Alert Email Newsletter Service and The Winning Trade's Blog Posts.

Company names, products, services and branding cited herein may be trademarks or registered trademarks of their respective owners and the owners retain all legal rights. The use of trademarks or service marks of another is not a representation that the other is affiliated with, sponsors, is sponsored by, endorses, or is endorsed by The Winning Trade and its contributors.

Additional Disclaimer for each subscription communication related to The Winning Trade's Trade Alert Email Newsletter Service and The Winning Trade's Blog Posts:
All information is from sources deemed to be reliable, but there is no guarantee to the accuracy. Information is for educational and entertainment purposes only and is not intended to give specific trading advice. Past performance is no guarantee of future performance. Investment/ trading carries significant risk of loss and you should consult your financial professional before investing or trading. Your financial adviser can give you specific financial advice that is appropriate to your needs, risk-tolerance, and financial position. Neither The Winning Trade nor its contributors was compensated in any way by any of the broad markets, stocks, or securities discussed in this service. The Winning Trade and its contributors are compensated by the sale of the subscription service for educational and entertainment purposes and not by any underwriter or dealer associated with these markets. The Winning Trade and its contributors' opinions discussed through Information and commentary included in The Winning Trade Blog and The Winning Trade's Trade Alert Email Newsletter Service are based on widely-accepted methods of technical analysis including the Elliott Wave Principle, Oscillators/Indicators, Candle-charting analysis, Volume, Fibonacci, and other methods of analysis. No specific recommendation is given to buy, hold, or sell any of these markets/securities or exchange traded funds related to these markets. Neither The Winning Trade nor its contributors is a Registered Investment Adviser. Long-term investment success relies on recognizing probabilities in price action for possible future outcomes, rather than absolute certainty – risk-management is critical for success. Error and uncertainty are part of any form of market analysis.