Terms and Conditions
This is the part that drives our attorneys nuts, but hopefully you’ll appreciate our candor and thinly-veiled attempt at humor:
Trading is risky business and nobody but YOU are responsible for your own success. If you decide to hang with Big Kahuna Trading Club (BKTC) for the purpose of learning our stock trading methods, you need to buy some simple facts:
When it comes to anything related to stock trading (and life in general, for that matter) the rule to live by is “Caveat Emptor” or, “Let the buyer beware” (our favorite episode of The Brady Bunch by the way).
Understand that your trading activity, success and/or failure is your responsibility, not ours or anyone else’s. The trades our lead traders and instructors may post in the trading reports and in the chat channel(s) are their personal opinions of what a particular stock may do in the days and weeks ahead, based on their own understanding of price action and price momentum in the markets. That does NOT mean that we recommend you should make the same trade, or that a trade is guaranteed to do anything more than sit there and do nothing, or worse, flop and zing your trading account. Additionally, trades we post are trades that currently meet the criteria of price action and momentum characteristics based on our research of breakout stocks.
The following week the Fed may take a giant dump on the markets and raise interest rates a point and a half to dampen inflation and pretty much implode the markets. You must be willing to take that risk or you shouldn’t be trading at all. Trades we post are trades that meet the TSS Cycle Trader System criteria, and may or may not be trades we are investing in for our own trading accounts. We may be personally tied up in other trades or we may be trading TSS Cycle Trader setups in the Futures or Forex markets that week because we see some gnarly waves setting up over there.
Or, we may have just been on a bender the prior week and “invested” all of our excess trading capital buying shots at the Tiki Wai for the rowdy patrons and some lovely (legal age) hula girls. Who knows? Anything is possible.
So let’s go over this one more time:
Your trading is YOUR responsibility!
Trades posted on our website and/or other marketing materials are previously posted trades and there is no guarantee that the current prevailing market conditions are conducive to similar trading potential. Additionally, previously posted trades do not guarantee that our trade criteria or our own trading skills would have allowed us to garner any more than a pittance of the full trend generated by the trade.
So then… if you be a wise trader (and since you’re reading this boring snot we assume you are), you are encouraged to JOIN our Facebook Group, check out the vibe and decide for yourself if we are who we say we are, and whether or not we have some tricks up our sleeves you’d like to learn yourself.
Welcome to the club! It’s gonna be a bitchin’ ride!
Now for the stuff the legal beagles charge $350/hr for:
Big Kahuna Trading Club (“BKTC”) is not registered as an investment adviser. BKTC relies upon the “publishers’ exclusion” from the definition of investment adviser under Section 202(a)(11) of the Investment Advisers Act of 1940 and corresponding state securities laws. As such, BKTC does not offer or provide personalized advice. We publish information about companies in which we believe our readers may be interested and this information reflects our sincere opinions. The information that we provide or that is derived from our website is not intended to be, and should not be construed in any manner whatsoever as, personalized advice. Also, our website and the information provided by us should not be construed by any subscriber or prospective subscriber as BKTC’s solicitation to effect, or attempt to effect, any transaction in a security. Investments in the securities markets, and especially in options and futures, are speculative and involve substantial risk. The information that we provide or that is derived from our website should not be a substitute for advice from an investment professional. We encourage you to obtain personal advice from your professional investment advisor and to make independent investigations before acting on the information that you obtain from BKTC or derive from our website. Only you can determine what level of risk is appropriate for you.
Prior to buying or selling an option, an investor should read and understand the booklet “Characteristics and Risks of Standardized Options.” You can access and download a copy of the booklet on The Options/Clearing Corporations'(OCC) website at http://www.theocc.com/publications/risks/riskchap1.jsp. This link reference is provided as a courtesy and does not imply that the OCC is endorsing BKTC or its products. This booklet is also available for free from your broker or from any of the U.S. options exchanges.
Prior to buying or selling a future, an investor should read and understand the booklet “Security Futures: An Introduction to Their Use and Risks.” You can access and download a copy of the booklet at the National Futures Association website at http://www.nfa.futures.org/investor/security_futures/security_futures.pdf. This link reference is provided as a courtesy and does not imply that the National Futures Association is endorsing BKTC or its products. This booklet is available from your broker or from any of the US Futures Exchanges.
We encourage our readers to invest carefully and to utilize the information available at the websites of the Securities and Exchange Commission at http://www.sec.gov and the Financial Industry Regulatory Authority at http://www.FINRA.org You can review public companies’ filings at the SEC’s EDGAR page. The FINRA has published information on how to invest carefully at its website.
Most of the information on our website or that we otherwise provide is derived directly from information published by the companies on which we report and/or from other sources we believe are reliable, without our independent verification. Therefore, we cannot assure you that the information is accurate or complete. The information may contain discussions of, or provide access to, certain positions and recommendations as of a specific date. Due to various factors, including, but not limited to, changing market conditions, such discussions and positions/recommendations may no longer be reflective of current discussions and positions/recommendations. We do not in any way warrant or guarantee the success of or endorse any action which you take in reliance on the information that we provide or that is derived from our website.
As indicated above, BKTC makes no representations or warranties about the accuracy or completeness of the information contained on or derived from BKTC’s website or otherwise provided by BKTC. Any links provided to other websites are offered as a matter of convenience and in no way are meant to imply that BKTC endorses, sponsors, promotes or is affiliated with the owners of or participants in those sites, or endorses or warrants any information contained on those sites, unless expressly stated. Furthermore, BKTC does not endorse, guarantee or warranty any third party products advertised on its site, in its newsletters, in any third party rental of its permission based lists or otherwise referenced in any information provided by BKTC or derived from BKTC’s website, and BKTC expressly disclaims any responsibility and accepts no liability with respect to such information and products. BKTC may receive a fee from a service provider that has a link on BKTC’s website or is referenced in the information provided by BKTC.
Our personnel may own positions and/or trade in the securities mentioned in the information that we provide. However, BKTC’s policies prohibit all employees of BKTC from engaging in any securities transaction that directly or indirectly competes with the interests of our subscribers that are actually known to BKTC. We are not compensated in any way for publishing information about companies mentioned in our reports.
Testimonials may or may not be representative of actual results.
Performance figures are based on actual recommendations made by BKTC. Due to the time critical nature of stock, options and futures trading, brokerage fees, and the activity of other subscribers, BKTC does not guarantee that subscribers will mirror the performance stated on our track records or promotions. Performance numbers shown are based on trades which subscribers “could have” entered based on our tracking guidelines. Past results are not indicative of future performance. Therefore, no subscriber or potential subscriber should assume or expect that future performance of any investment or strategy will be profitable or equal historical or anticipated performance levels. The information contained in BKTC trading services is intended for educational purposes to be used solely by individual subscribers and is not offered to institutional investment organizations.
LIMITATION ON BKTC LIABILITY
To the extent not prohibited by law, each subscriber and potential subscriber agrees, as a condition precedent to accessing or using BKTC’s website or receiving information provided by BKTC, to release and hold harmless BKTC and its directors, officers, shareholders, employees and agents from any and all liability in connection with accessing or using BKTC’s website or receiving information provided by BKTC. In all other cases, BKTC’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 fees received by BKTC from the subscriber. BKTC will not be liable for any consequential, incidental, punitive, special, exemplary or indirect damages resulting directly or indirectly from the use of or reliance upon any material provided by BKTC or derived from BKTC’s website. Without limitation, BKTC 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 BKTC website or any other source of material provided by BKTC; (3) any absence of material on BKTC website; (4) BKTC’s failure to deliver or delay in delivering any material or (5) any kind of error in transmission of material. BKTC and each subscriber acknowledge that, without limitation, the above-enumerated conditions cannot be the probable result of any breach of any agreement between BKTC and the subscriber.
DISCLAIMER OF WARRANTY
ANY AND ALL INFORMATION PROVIDED BY BKTC OR DERIVED FROM BKTC’S WEBSITE IS PROVIDED “AS IS” AND BKTC MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
BKTC is not affiliated with any brokerage firm and does not endorse or recommend any specific brokerage firm. BKTC is not and will not be responsible for any trades made by a broker on the subscriber’s behalf under any circumstances.
ACKNOWLEDGEMENT AND AGREEMENT
Notwithstanding any other agreement or other communications between BKTC and Subscriber to the contrary, receipt or use of any material provided by BKTC, at any time and through any means, whether directly or indirectly, represents acknowledgement by such person of this disclaimer and agreement with its terms and conditions.
All submissions from outside contributors on BKTC’s website are the responsibility of their respective authors, creators, and/or owners. BKTC is not responsible for such submissions, and the views and opinions expressed are not necessarily those of BKTC. BKTC does not guarantee the accuracy or validity of the submissions. While BKTC may use its best efforts to review contributor submissions for form and format before they are posted on its website, BKTC does not review or edit these submissions for content. BKTC makes no representations and provides no warranties whatsoever concerning submissions, and the fact that BKTC has posted these outside contributions does not constitute an endorsement, authorization, sponsorship, or affiliation by BKTC with respect to the author, creator and/or owner of the submissions. BKTC expressly disclaims any responsibility and accepts no liability for any information or content provided in these submissions. Please be advised that submissions may be protected by federal and international copyright or other laws, and your right to reprint, republish, modify, reproduce, or distribute this material may be limited accordingly.
Except as otherwise indicated, BKTC is the copyright owner of all text and graphics contained on this website. Other parties’ trademarks and service marks that may be referred to herein are the property of their respective owners. You may print a copy of the information contained herein for your personal use only, but you may not reproduce or distribute the text or graphics to others or substantially copy the information on your own server, or link to this website, without prior written permission of BKTC. Permission to use and reproduce documents and related graphics available from this website is granted, provided that: 1. The below copyright notice appears in all copies and that both the copyright and this permission notice appear; 2. Use and reproduction of documents and related graphics available from this website is limited to personal, non-commercial use; 3. No documents or related graphics, including logos, available from this website are modified in any way; and 4. No graphics, including logos, available from this website are used separate from accompanying text. Use or reproduction for any other purpose is expressly prohibited by law, and may result in civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
TELEPHONE CALL MONITORING AND RECORDING
BKTC reserves the right to monitor and record all telephone calls made to its offices for quality control and training purposes.
TERMS AND CONDITIONS OF USE OF S&P DOW JONES INDICES
S&P Dow Jones Indices Terms and Conditions (pdf)
Where available, Monthly subscription billing cycles run 30 days at a time, beginning on the initial order date. Quarterly subscriptions run for 90 days, and Yearly subscriptions for 365.
All subscriptions are set to renew automatically at the end of each billing cycle. Subscription services are non-refundable unless otherwise noted in the description terms. Subscription renewals may be cancelled by using our Contact Page. Subscription billing cycles begin on the initial order date. Cancelled subscriptions will expire on the last day of the billing cycle.
Subscription cancellations must be requested at least 3 business days before the next billing cycle begins, or the cancellation will take effect at the end of the following billing cycle.
Refunds are available for full priced non-subscription based educational products if cancelled within 30 days of ordering, unless it is a repurchase of a previously returned or refunded product or otherwise noted in the product description.
Refunds may take up to ten business days to be reflected by the credit card issuer. Please note that “TRIAL” products and subscription services, products and services offered at a discount are not eligible for a refund, and products and services that have been previously refunded are not eligible for future refunds.