The Rules – Legal Notices and Disclaimers.
* YOLO Publishing LLC (“YOLO” or “we” or “us”) is a publisher of financial news and opinions and NOT registered as an investment adviser. YOLO 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, YOLO 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 YOLO’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 YOLO or derive from our website. Only you can determine what level of risk is appropriate for you. All information contained in our newsletters or on our website(s) should be independently verified with the companies mentioned, and readers should always conduct their own research and due diligence and consider obtaining professional advice before making any investment decision.
* 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 YOLO or its products. This booklet is also available for free from your broker or from any of the U.S. options exchanges
* We encourage our readers to invest carefully and to utilize the information available at the web sites of the Securities and Exchange Commission at http://www.sec.gov, and the National Association of Securities Dealers at http://www.nasd.com. You can review public companies’ filings at the SEC’s EDGAR page. The NASD has published information on how to invest carefully at its web site
* 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, YOLO makes no representations or warranties about the accuracy or completeness of the information contained on or derived from YOLO ‘s website or otherwise provided by YOLO. Any links provided to other websites are offered as a matter of convenience and in no way are meant to imply that YOLO 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, YOLO 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 YOLO or derived from YOLO ‘s website, and YOLO expressly disclaims any responsibility and accepts no liability with respect to such information and products. YOLO may receive a fee from a service provider that has a link on YOLO ‘s website or is referenced in the information provided by YOLO.
* Certain areas of YOLO Network may feature “Outside Content,” which is content identified as or attributed to a party other than YOLO, including without limitation articles licensed to YOLO and third-party advertisements. You understand that Outside Content (information, advertisements, articles, data, text, images, hyperlinks to non- YOLO sites, or other materials) displayed on YOLO Network are the sole responsibility of the person or entity who created such content. You acknowledge that YOLO is not the creator of Outside Content and, as such, YOLO does not guarantee the accuracy, integrity or quality of such content.
* YOLO also sells paid advertising in an online medium known as co-registration, where advertisers’ offers are presented to users. You acknowledge that any business dealings you may have with advertisers found on or through The YOLO Financial Network, including both free offers and offers that require payment for the delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that the YOLO Parties, as defined above, shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third-party advertisers on the Service. We do not endorse or verify claims made by third-party advertisers and you may wish to consult with an independent, registered financial advisor or a licensed broker before buying or selling any security or investment recommended by an advertiser.
* Our personnel may own positions and/or trade in the securities mentioned in the information that we provide. However, YOLO ‘s policies prohibit all employees of YOLO from engaging in any securities transaction that directly or indirectly competes with the interests of our subscribers that are actually known to YOLO. 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
Performance figures are based on actual recommendations made by YOLO. Due to the time critical nature of stock, options and futures trading, brokerage fees, and the activity of other subscribers, YOLO cannot guarantee that subscribers will mirror the exact performance stated on our track records or promotions. Performance numbers shown are based on trades subscribers could enter based on our tracking guidelines. Past results are not necessarily 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 YOLO trading services is intended for use solely by individual subscribers and is not offered to institutional investment organizations.
* LIMITATION ON YOLO LIABILITY
To the extent not prohibited by law, each subscriber and potential subscriber agrees, as a condition precedent to accessing or using YOLO ‘s website or receiving information provided by YOLO, to release and hold harmless YOLO and its directors, officers, shareholders, employees and agents from any and all liability in connection with accessing or using YOLO ‘s website or receiving information provided by YOLO. In all other cases, YOLO ‘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 YOLO from the subscriber. YOLO 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 YOLO or derived from YOLO ‘s website. Without limitation, YOLO 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 YOLO website or any other source of material provided by YOLO; (3) any absence of material on YOLO website; (4) YOLO ‘s failure to deliver or delay in delivering any material or (5) any kind of error in transmission of material. YOLO and each subscriber acknowledge that, without limitation, the above-enumerated conditions cannot be the probable result of any breach of any agreement between YOLO and the subscriber.
* DISCLAIMER OF WARRANTY
ANY AND ALL INFORMATION PROVIDED BY YOLO OR DERIVED FROM YOLO’S WEBSITE IS PROVIDED “AS IS” AND YOLO MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
YOLO is not affiliated with any brokerage firm and does not endorse or recommend any specific brokerage firm. YOLO 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 YOLO and Subscriber to the contrary, receipt or use of any material provided by YOLO, 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 YOLO ‘s website are the responsibility of their respective authors, creators, and/or owners. YOLO is not responsible for such submissions, and the views and opinions expressed are not necessarily those of YOLO. YOLO does not guarantee the accuracy or validity of the submissions. While YOLO may use its best efforts to review contributor submissions for form and format before they are posted on its website, YOLO does not review or edit these submissions for content. YOLO makes no representations and provides no warranties whatsoever concerning submissions, and the fact that YOLO has posted these outside contributions does not constitute an endorsement, authorization, sponsorship, or affiliation by YOLO with respect to the author, creator and/or owner of the submissions. YOLO 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.
* TRIAL PERIOD
The Phoenix Letter and Phoenix Options are monthly premium subscriptions and have a 60-day trial period. The Chart Whisperer is a monthly service and has a 30-day trial period. Due to the discounted nature of our trial offers, we must insist on cancellation within the trial period for the offer you have accepted. Cancellations must be received before the trial period has expired to receive a refund on a trial.
In order to be canceled from a trial membership, a trial member must either email or phone YOLO Publishing to cancel member subscriptions. Please email either email@example.com or call (646) 896-3063 Monday through Friday between the hours of 9:30 a.m. and 5:30 p.m. EST. Unsubscribing to the weekly newsletter does not suffice as cancellation. In addition, each user is allowed only one (1) YOLO Publishing trial per product per 365-day period.
- SUBSCRIPTION FEES/REFUND POLICY
All subscription fees must be fully paid before you will be granted access to the any membership subscription service. You agree to pay all subscription fees and charges, if any, incurred in connection with your [user name] and [password], at the rates in effect when the subscription fee is due or when the charges were incurred. If you cancel your subscription within the first trial period of being granted access to the Service, YOLO Publishing will provide you a full refund of your subscription fees and will terminate your access to the premium subscription service. Your subscription will continue for the initial term of the subscription (the “Initial Term”), and will renew automatically at the end of the Initial Term for successive Renewal Terms, unless you notify us of your decision to cancel or not to renew your subscription, as outlined below in CANCELLATION/TERMINATION. As described in the initial subscription process, as part of the Automatic Renewal process the then-applicable subscription term renewal fee will be billed to the credit card you designated during the subscription process (or subsequently changed). However, you will receive a full refund of your renewal subscription fee if you cancel within 30 days of your subscription renewal.
YOLO Publishing may terminate your access to the Service at any time at its sole discretion, provided that we provide a pro rata refund for any Paid Service.
You may remove the benefit of automatic renewal by notifying our Customer Service Department. You may cancel your subscription at any time by notifying our Customer Service Department. You can contact our Customer Service Department by telephone at (646) 896-3063 Monday through Friday between the hours of 9:30 a.m. and 5:30 p.m. EST. Your cancellation will take effect once you receive a confirmation email from us. The terms of any refunds of fees for Paid Services are provided in the various offers for each product. It is your responsibility to read and understand the terms of the offer. If you have questions, please call our Customer Service Department at (646) 896-3063 or email them at firstname.lastname@example.org.
* INTELLECTUAL PROPERTY
Except as otherwise indicated, YOLO 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 YOLO. 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.
* ACKNOWLEDGMENT AND AGREEMENT
Notwithstanding any other agreement or other communications between YOLO and a subscriber or potential subscriber to the contrary, receiving or using any material provided by YOLO or accessing or using YOLO ‘s website, at any time and through any means, whether directly or indirectly, represents acknowledgment by such person of the foregoing legal notices and disclaimers and agreement with their terms and conditions.