Disclaimer
Changes may be made to this Disclaimer at any time without notice. Accordingly, you also agree to review the Disclaimer regularly and your continued access or use of the website means that you agree to any changes to the Disclaimer.
If you access and use this website (the site), you accept and agree to be bound by and comply with these legal terms of use (the disclaimer). If you do not accept this disclaimer, do not use the site
1. Terms & Conditions of Use - General
Please read the Terms & Conditions of Use/Disclaimer as this contains important information concerning regarding the use of this website (the site). By accessing this site, you accept and agree to be bound by, and comply with, the terms and conditions of use.
These Terms & Conditions of Use/Disclaimer are to be read in conjunction with any terms, conditions or disclaimers provided in the pages of the site. The Terms & Conditions of Use/Disclaimer contain important information and warnings regarding the risks associated with futures trading and should be accessed and read before reading the information for managed futures accounts displayed on the site.
If you access and use this site, you accept and agree to be bound by and comply with the Terms & Conditions of Use. If you do not accept the Terms & Conditions of Use, do not use the site. This site has been issued for and on behalf of MOSS CAPITAL MANAGEMENT, INC. (“MOSS CAPITAL MANAGEMENT, INC.”).
The information contained herein is not to be construed as an offer to sell or the solicitation of an offer to buy any commodities described herein. The information contained in this website has been obtained from sources believed to be reliable but is not necessarily all-inclusive and is not guaranteed as to accuracy. The risk of trading futures and options can be substantial and each investor must consider whether this is a suitable investment for him/her. Past performance is not necessarily indicative of future results. Persons acting on any information contained in this website are responsible for their own actions. The services provided by MOSS CAPITAL MANAGEMENT, INC. may not be available in all jurisdictions. It is possible that the country in which you are a resident prevents MOSS CAPITAL MANAGEMENT, INC. from opening and maintaining an account for you. If in doubt, please contact an MOSS CAPITAL MANAGEMENT, INC. account representative.
2. Changes to Terms & Conditions of Use/Disclaimer
MOSS CAPITAL MANAGEMENT, INC. reserves the right to change the Terms & Conditions of Use or any material on this website at any time. Any such change will become effective immediately upon publication to this website. You agree to review these Terms & Conditions of Use/Disclaimer each time you access this site.
3. Intellectual Property
This website and all information contained therein, including, without limitation, the look and feel of the site and all design, text, images, trademarks, trade names, logos, white papers, press releases and other information, and all software products advertised, presented, or discussed therein, is protected under United States and other copyright laws and is owned by MOSS CAPITAL MANAGEMENT, INC. or used under license from the owner of the respective intellectual property rights. In addition, all right, title, and interest in all servers and server-based technology related to this website, and all information contained therein, including, without limitation, protocols, parameters, designs, specifications, and user identification algorithms, and technology underlying such algorithms are owned by MOSS CAPITAL MANAGEMENT, INC.. The foregoing may not, except under written license, be copied, reproduced, transmitted, displayed, performed, distributed, rented, sublicensed, altered, stored for subsequent use or otherwise used in whole or in part in any manner without MOSS CAPITAL MANAGEMENT, INC.'s prior written consent, except to the extent that such use is expressly authorized under the United States copyright laws. MOSS CAPITAL MANAGEMENT, INC.'s trademarks, trade names, logos, images, and, service marks used on this site are the property of MOSS CAPITAL MANAGEMENT, INC. and may not be used without prior written permission from MOSS CAPITAL MANAGEMENT, INC. and then only with proper acknowledgment.
4. Disclaimers of Warranties and Liability
A. MOSS CAPITAL MANAGEMENT, INC., ITS EMPLOYEES, AGENTS, REPRESENTATIVES AND ASSOCIATES DO NOT REPRESENT OR IMPLY ANY PERFORMANCE LEVEL, RESULTS OR GUARANTEE IN RELATION TO THE OPERATION OF THE MOSS CAPITAL MANAGEMENT, INC. TRADING SYSTEM SOFTWARE OR THIS SITE NOR DO THEY MAKE ANY CLAIM THAT THE USE OF MOSS CAPITAL MANAGEMENT, INC. TRADING SYSTEM SOFTWARE OR THIS SITE WILL RESULT IN A PARTICULAR PROFIT OR PREVENT ANY LOSS FOR A USER.
B. MOSS CAPITAL MANAGEMENT, INC. AND IT'S EMPLOYEES, AGENTS, REPRESENTATIVES AND ASSOCIATES DO NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION OR ANALYSIS ON THIS SITE. THERE MAY BE OMISSIONS OR INACCURACIES ON THIS SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, MOSS CAPITAL MANAGEMENT, INC. SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, COMPLETENESS, TIMELINESS, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OF THIS SITE AND MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATION OR WARRANTY REGARDING THE INFORMATION CONTAINED HEREIN. MOSS CAPITAL MANAGEMENT, INC. SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGES ARISING OUT OF, OR IN CONNECTION WITH, YOUR USE OF THIS SITE OR ANY INFORMATION DISPLAYED ON THIS SITE.
C. IN NO EVENT SHALL MOSS CAPITAL MANAGEMENT, INC. BE LIABLE TO ANY PARTY FOR ANY DAMAGES INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, OR LOSS OF SAVINGS), OR ANY OTHER DAMAGES ARISING - IN ANY WAY, SHAPE OR FORM - OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO UTILIZE THIS WEBSITE, EVEN IF MOSS CAPITAL MANAGEMENT, INC. SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE EXCLUSIONS OF INCIDENTAL AND CONSEQUENTIAL DAMAGES MAY NOT APPLY TO YOU, BUT SHALL APPLY, IN ANY EVENT, TO THE MAXIMUM EXTENT POSSIBLE.
D. YOUR ABILITY TO ACCESS THIS SITE MAY, FROM TIME TO TIME, BE DELAYED AND/OR INTERRUPTED DUE TO SCHEDULED AND/OR UNSCHEDULED CAUSES. THIS SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTY OF ANY KIND. NO WARRANTY IS MADE THAT THE FUNCTIONS OR SERVICES PERFORMED BY USER IN CONNECTION WITH THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. USER EXPRESSLY AGREES THAT USE OF THIS SITE IS AT ITS OWN RISK. MOSS CAPITAL MANAGEMENT, INC. WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT COULD RESULT FROM INTERCEPTION BY THIRD PARTIES OF ANY INFORMATION MADE AVAILABLE TO YOU, OR PROVIDED TO MOSS CAPITAL MANAGEMENT, INC. BY YOU VIA THIS SITE.
E. MOSS CAPITAL MANAGEMENT, INC. DOES NOT WARRANT OR GUARANTEE THAT ANY INFORMATION AVAILABLE ON OR THROUGH THIS WEBSITE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES. IT IS THE SOLE RESPONSIBILITY OF THE USER TO ISOLATE SOFTWARE AND INFORMATION, EXECUTE ANTI-CONTAMINATION SOFTWARE, AND OTHERWISE TAKE STEPS TO ENSURE THAT SOFTWARE OR INFORMATION, IF CONTAMINATED OR INFECTED, WILL NOT DAMAGE USER'S INFORMATION OR SYSTEM.
F. USER EXPRESSLY AGREES TO INDEMNIFY AND HOLD MOSS CAPITAL MANAGEMENT, INC., AND ITS SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CORRESPONDENTS, CO-BRANDERS OR OTHER PARTNERS HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' AND EXPERTS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR INFORMATION, YOUR USE OF OR CONNECTION TO THE MOSS CAPITAL MANAGEMENT, INC. TRADING SYSTEM SOFTWARE AND/OR THIS WEBSITE, YOUR VIOLATION OF THE TERMS OF USE, OR YOUR VIOLATION OF ANY RIGHTS OF ANY OTHER USER OR OTHER THIRD PARTY.
5. Privacy
Your expectations of privacy are important. The Privacy Policy set forth on this site explains how MOSS CAPITAL MANAGEMENT, INC. collects personal information from you and then maintains, uses and discloses that information. Please carefully read the separate Privacy Policy.
6. User Obligations
Any person accessing or using this site undertakes the following obligations: (a) to comply with all applicable laws and regulations; (b) not to introduce into this website, or any network or equipment supporting this site, any virus, worm, harmful code, Trojan horse or other disabling service; (b) not to attempt to interfere with or disrupt the website, or any network and/or other equipment supporting it; (d) not to attempt to gain improper access to or otherwise interfere with any system or network connected to or affiliated with this site. Any violation of these obligations is grounds for denying a user access to and use of this website in addition to other available remedies.
7. No Recommendation
Futures trading involves substantial risk and is not appropriate for all investors. Please read this complete disclaimer for more information regarding the risks of option trading. Information provided on the site, including daily price data, is believed to be reliable when posted, but there is no guarantee that it is accurate or complete or current at all times.
8. Risks of Futures Trading
In deciding whether or not you wish to become involved in futures trading with a futures broker, you should be aware you could both gain and lose large amounts of money. Without limitation, you risk losing money because:
(a) You could lose all the margin funds you deposit with the futures broker to establish or maintain a futures position and lose further amounts as described in paragraph (c) below.
(b) If the market moves against your position, you may be required, at short notice, to deposit with the futures broker further moneys as margin in order to maintain your position. Those additional funds may be substantial. If you fail to provide those additional funds within the required time your position may be liquidated. You will be liable for any shortfall in your account resulting from that liquidation.
(c) You could lose all monies deposited with the futures broker, and in addition be required to pay the futures broker further funds representing losses and other fees on your open and closed positions.
(d) Under certain conditions, it could become difficult or impossible for you to liquidate or close a position (this can, for example, happen when there is significant change in prices over a short period).
(e) The placing of contingent orders (such as a "stop-loss" order) may not always limit your losses to the amounts that you may want. Market conditions may make it impossible to execute such orders.
(f) The high degree of leverage that is obtainable in futures trading with the futures broker because of small margin requirements can work against you as well as for you. The use of leverage can lead to large losses as well as large gains.
(g) Futures and options trading is not appropriate for everyone. There is a substantial risk of loss associated with trading futures and options on futures. Only risk capital should be used.
(h) No representation is being made that futures and options on futures trading is appropriate for everyone or that it should be viewed as an alternative, replacement or supplemental form of income.
You should discuss these matters further with your broker prior to commencing any trading.
9. Not offering any personal advice
The information included on this site is provided only to give you a basic understanding of futures options trading and is not intended to provide specific financial or investment advice for you, and should not be relied upon in that regard. You should not act or rely on the information on this site without seeking the advice of your financial adviser or futures broker who will ensure that your own circumstances have been considered and that action is taken on the latest available information.
10. Members' Area
Users of the Members' area of this site are also obligated to abide by the terms, conditions and disclaimers provided in those pages of the site.
11. Dispute Resolution
Any dispute arising out of or concerning this website or products offered or sold by MOSS CAPITAL MANAGEMENT, INC. shall be resolved by arbitration before the National Futures Association. All hearings shall be held in Chicago, Illinois. MOSS CAPITAL MANAGEMENT, INC. reserves the right, however, in its election to bring any action in a court of law whose situs is located in Chicago, Illinois, to enforce any legal or equitable right. Users of this website agree to waive any right they may have to transfer or change the venue of any litigation brought against them by MOSS CAPITAL MANAGEMENT, INC.