Terms and Conditions of Use

Please read the Terms and Conditions of Use below.
If you do not accept the terms in this Agreement, please do not use this website.

Be Your Own Hedge Fund -- Terms and Conditions of Use

 

SEC Notification

The U.S. Securities and Exchange Commission (SEC) requires the following legal notices:
BeYourOwnHedgeFund.com (henceforth referred to as BYOHF or the 'Website') is an impersonal advisory service, and therefore, no consideration can or is made toward specific individuals or accounts. We provide impersonal quantitative research through the issuance of statistical information containing no expression of opinion as to the investment merits of a particular security. All material presented within BYOF and its associated email and text messaging services is not to be regarded as investment advice, but for general informational purposes only. Trading stocks does involve risk, so caution must always be utilized. We cannot guarantee profits or freedom from loss. You assume the entire cost and risk of any trading you choose to undertake. You are solely responsible for making your own investment decisions. BYOHF its owners, or its representatives are not registered as securities broker-dealers or investment advisors either with the U.S. Securities and Exchange Commission or with any state securities regulatory authority. We suggest consulting with a registered investment advisor, broker-dealer, or financial advisor. If you choose to invest with or without seeking advice from such an advisor or entity, then any consequences resulting from your investments are your sole responsibility.

Hypothetical Performance Disclosure

PERFORMANCE RESULTS SHOWN ON THE WEBSITE ARE HYPOTHETICAL, NOT ACTUAL RESULTS. PERFORMANCE RESULTS ON THE WEBSITE DO NOT INCLUDE DEDUCTIONS FOR SLIPPAGE OR COMMISSIONS AND MAKE NO ATTEMPT TO ACCOUNT FOR LIQUIDITY OR OTHER FACTORS WHICH MAY CONTRIBUTE TO THE ABILITY OR INABILITY TO EXECUTE A TRADE AT THE SPECIFIED MARKET PRICE. NO ADJUSTMENTS HAVE BEEN MADE FOR ETF DISTRIBUTIONS.

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 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 TO 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.

Performance Results

Due to the nature of stock trading with market orders, differences in brokerage commission fees, acts of god, and activities of other subscribers and market participants, BYOHF cannot guarantee that subscribers will replicate the performance of our published simulated performance results. Therefore, no subscriber or potential subscriber should assume or expect performance of their account will match that of our simulated portfolios.

Disclaimer

All information posted is believed to come from reliable sources. BYOHF does not warrant the accuracy, correctness, or completeness of information available from its service and therefore will not be liable for any loss incurred. Due to the electronic nature of the Internet, the Website, or its e-mail distribution services could fail at any given time and for any length of time. BYOHF will not be responsible for unavailability of use of its Website, nor undelivered e-mails due to Internet bandwidth problems, equipment failure, or acts of God. BYOHF its owners, or its representatives may hold positions in the securities mentioned at this Website at any time. However, in no way is BYOHF soliciting an offer to purchase securities mentioned at this Website. There is no guarantee past performance will be indicative of future results. No assurance can be given that you will be able to execute the trading signals on the Website or that if executed, you will be able to achieve an execution price at or near the quoted price. No assurance can be given that the trading signals on the Website will be profitable or will not be subject to losses. No independent party has audited the hypothetical performance of this Web site, nor has any independent party undertaken to confirm that it adheres to the assumptions or conditions specified hereafter.

Limitations of Liability

To the extent not prohibited by law, as a condition of use each subscriber, guest, or user agrees to hold harmless BYOHF, its employees, directors, officers, affiliates or agents thereof from any and all liability in connection with the use of the BYOHF website and its related email and text messaging services. In all other cases, BYOHF’s liability to a subscriber, whether in contract, tort, negligence, or otherwise, shall be limited in the aggregate to direct and actual damages of the subscriber, not to exceed the subscription fees paid to BYOHF from the subscriber.

Without limitation, BYOHF shall not be responsible, either directly or indirectly, for any consequential, incidental, punitive, special, exemplary or indirect damages resulting from the use of or reliance upon the BYOHF website and its related email and text messaging services for:

  • any interruption, inaccuracy, error or omission, regardless of cause, in any information appearing on or furnished by the Website or for any damages whatsoever allegedly caused thereby;
  • any losses or damages whatsoever claimed to arise from investing or trading in securities appearing on the Website, or in any email or other form of communication sent from the Website; or
  • any damages alleged to arise from the use of any trading or investment strategy described or contained in the Website or any email or other form of communication sent from the Website.

We Make No Warranties

The information provided on the Website is for informational purposes to our subscribers and guests for their convenience and reference. The information is obtained from sources believed by us to be reliable, but its accuracy and completeness are not guaranteed. The information appearing on and distributed by the Website is provided AS IS, and neither BYOHF, nor any other person makes any warranty as to its merchantability or fitness for any purpose whatsoever, nor makes any other express or implied warranties whatsoever concerning the information.

We're Not Investment Advisors

Neither the information appearing on the Website, nor in any email, newsletter, or blog sent from the Website, is intended to provide tax, legal or investment advice, and you should not consider it as such. Owning, selling, buying, holding and trading in securities involve risk, and before doing so you may wish to consult with a broker, investment adviser or other appropriately experienced professional in whom you place trust.

We're Not Soliciting

Neither BYOHF, nor any employee, director, officer, affiliate or agent thereof is a broker, dealer or investment adviser, and no such person is acting in any way to influence the purchase or sale of any security. Neither the information appearing on nor any opinion expressed on the Website or in any email, newsletter, or blog, either appearing on or sent from the Website constitutes a solicitation by any person for the purchase, sale or holding of any securities.

We Trade in Our Own Accounts

BYOHF or their respective officers, directors, employees, agents or affiliates, may own, buy, sell or trade for their own accounts in securities appearing on any web pages, in emails or elsewhere on the Website. Such persons may - but will not in any event be obligated to - inform you of their trading activities, either before or after they occur. We have no a-priori knowledge of any of the trading signals before they are made available to our subscription members.

Copyright Information

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of BYOHF and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of BYOHF and protected by U.S. and international copyright laws. All software used on this site is the property of BYOHF its software suppliers and protected by United States and international copyright laws.

Your Subscription

The information contained on the BYOHF website and its electronic communications is intended for use solely by individual subscribers and is not offered to institutional investment organizations or investment advisors. You are responsible for maintaining the confidentiality of your login ID and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your subscription account or password. You agree not share any Premium content, including current trading signals, open trades, or other Premium features with any 3rd party.

BYOHF imposes a limit on the the total number of subscribers in order to prevent influencing the market. Once the limit has been reached, BYOHF will prevent additional subscribers from joining until the subscription count drops below the limit.

Subscription Term and Payment

Payment for your subscription will be made on the date you subscribed to this Website. Your credit/debit card will automatically be charged on the date you signup or after a free or reduced fee trial period (if offered). The subscription term will commence on the date you subscribed and continue until terminated as provided below.

Subscription Termination

To cancel your subscription, login and go to the "Settings" menu where you will see a link allowing you to cancel on your own. Alternatively, you can send an email to support@beyourownhedgefund.com or choose the "contact us" menu to send us a message and we will cancel your subscription at our earliest opportunity. You may cancel your subscription at any time however there are no refunds or credits issued once a payment has been made.

Right to Modify

We reserve the right to modify this policy at any time. If we make material changes to any of our privacy policies or practices regarding personal information, we will update our statement and post a notice on this page before such changes take effect so that you are always aware of what information we collect, how we use it, and under what circumstances we disclose it. Users are encouraged to check this page regularly as they will be bound by the changes once posted on the Website.

Modification of Service

BYOHF reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. You agree that BYOHF shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Website.

Governing Law, Jurisdiction, and Venue

This Agreement shall be governed, interpreted and construed in accordance with the decisional laws of the State of California. This choice of law provision is intended to operate to the exclusion of (a) any choice of law or other law or provision that would result in this Agreement or any disputes arising out of or related to this Agreement being resolved by the decisional laws of any other state or country and (b) any law or convention that would otherwise apply including, but not limited to, the United Nations Convention on Contracts for the International Sale of Goods. If awarded, the total of all damages due to Licensee shall be in accordance with Section 9 above. The parties hereby both knowingly, voluntarily, intentionally and irrevocably agree to waive any right to have any issue resolved by a jury and cede to the Court all matters of law and fact for resolution. Subscriber and BYOHF each agree that the exclusive venue for bringing and maintaining any action arising out of, related to, or in connection with this Agreement shall be in San Luis Obispo County, California or federal court for California. Subscriber and BYOHF agree that, if Licensee brings any action or proceeding against BYOHF in any other venue in violation of this forum selection clause and BYOHF is the prevailing party on a motion to dismiss for improper venue or motion to transfer venue, BYOHF will be immediately entitled to recover its costs and attorney’s fees associated with such motion. Licensee hereby irrevocably consents to personal jurisdiction in the State of California and hereby waives any claim or defense that such venue is not convenient or proper, and consents to service of process by any means authorized by California law.