|Disclaimer of Liability
|The information contained herein is subject to change without notice. Accordingly, a user should continue to review these Terms whenever accessing or using the Power Financial Group Inc. websites. A user's access or use of our websites after the posting of modifications to these Terms will constitute such user's acceptance of the Terms, as modified. If a user refuses to accept the Terms, such user may not use any of the websites.
Please also read the Terms and Conditions, Privacy Statement, Copyright Statement and Risk Statement which are incorporated herein by reference.
No Personalized Advice
Power Financial Group, Inc. (hereafter, PFG) is a financial information service. PFG does not provide any personalized or individual investment advice to any subscriber or user. The staff members at PFG are not brokers, advisers, financial consultants or securities dealers. The information presented in this web site is not a personalized recommendation or a solicitation to buy, sell or hold any investment or security of any kind.
You should discuss the proper asset allocation and risk tolerance level that is appropriate for your personal situation with a professional financial planner/advisor. You should not make any trades or decisions with regard to investments without consulting a professional financial planner/advisor.
There is no guarantee that you will not lose money, or that you will make money, by following the research and trades that are presented on this web site and in related materials. Trading options or any other investment vehicle involves risk and may not be suitable for all investors. By trading based on our tools and data, you are assuming all responsibility for the financial consequences. Losses can and will occur. Only risk capital should be invested.
Due to the time-critical nature of stock, options trading, brokerage fees, and the activity of other subscribers, PFG cannot guarantee that either subscribers or non-subscribers will realize the outcomes stated in our web site content or other materials.
Our web site content and related materials are based on our personal research and opinions, news and financial data available in the public domain, or other sources that we consider to be reliable, but cannot be guaranteed to be accurate or complete.
ANY AND ALL MATERIALS AND CONTENT DISTRIBUTED BY PFG IS PROVIDED "AS IS." PFG AND ITS AFFILIATES, AGENTS, LICENSORS AND VENDORS SPECIFICALLY DISCLAIM, WITHOUT LIMITATION, ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF ACCURACY, COMPLETENESS, MERCHANTABILITY, SUITABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THOSE WARRANTIES ARISING FROM A COURSE OF PERFORMANCE, A COURSE OF DEALING OR TRADE USAGE, OR ANY WARRANTY WITH RESPECT TO INFORMATION, DATA, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH PFG.
Limitation of Liability
The limitation of liability set forth below is in addition to, and not in lieu of, any other limitation of liability set forth elsewhere in this document or in the Terms and Conditions, Privacy Statement, Copyright Statement and Risk Statement.
Even if advised of the possibility of such damages, the liability of PFG, its affiliates, agents, licensors and vendors, if any, arising out of any kind of legal claim, whether in contract, tort, negligence, or otherwise, shall be limited in the aggregate to direct and actual damages not to exceed the fees received by PFG from the subscriber. PFG will not be liable for consequential, incidental, punitive, special, exemplary or indirect damages resulting directly or indirectly from the use of or reliance upon any material, content, or information provided by PFG.
Without limitation, PFG shall not be responsible or liable for any loss or damages related to, either directly or indirectly: (1) any decline in market value or loss of any investment; (2) a subscriber's inability to use or any delay in accessing PFG's web site or any other source of material provided by PFG; (3) any absence or deficiency of material on the PFG web site; (4) PFG's failure to deliver or delay in delivering any material; (5) any kind of error in transmission of material; or (6) any trades made by any broker on any subscriber's or non-subscriber's behalf and whether or not caused in whole or in part by the negligence of PFG. PFG and the subscriber acknowledge that, without limitation, the above-enumerated conditions cannot be the probable result of any breach of any agreement between PFG and the subscriber.
PFG shall have no liability for any claims relating to any aspect of PFG, including any software, technology, equipment, information or materials or that the web site, PowerOptions or PFG itself meets any specific requirements or will be uninterrupted, timely, secure, complete, accurate or free from errors or defects. PFG will not be held liable for intermittent failures to deliver web site content or related materials caused by the nature of the Internet. PFG shall not be responsible for any subscriber's logon failure caused by spelling mistakes, Internet connection problems, software and web browser incompatibility, or any other error or malfunction. PFG is not liable for its subscribers' denial of access to web site content due to Internet speed, routine hardware/software maintenance, network failures, or power outages.
None of the return statistics include taxes, commissions, margin interest, custodial fees or any other costs to which actual trades may be subject. These costs will reduce your returns. Past performance is no guarantee of future results.
PowerOptions historical stock and option data may not corrected for splits, dividends, or other distributions, which could cause errors in pricing and calculations over time.
PFG is not responsible for, and will have no liability for, any trades made by any broker on any subscriber's or non-subscriber's behalf under any circumstances. You may not hold PFG, its affiliates, staff, agents, licensors, and vendors, liable for any losses or damages (including, without limitation, consequential, special, incidental, direct, or similar damages) that may arise due to BrokerLink service, whether or not caused in whole or part by negligence of PFG, or otherwise. You acknowledge, agree and accept to defend, indemnify, and hold PFG, its affiliates, staff, agents, licensors, and vendors harmless from and against all liabilities, damages, claims, actions, costs, expenses (including attorneys fees), in connection with or arising from BrokerLink. Even if advised of the possibility of such damages, the liability of PFG, its affiliates, staff, agents, licensors, and vendors, if any, arising out of any kind of legal claim (whether in contract, tort or otherwise) in any way connected with BrokerLink shall not exceed the amount you paid for the use of the PFG service.