N A U T I C U S T R A D I N G
N A U T I C U S T R A D I N G
Disclaimer, Terms and Conditions
This site, nauticustrading.com, is owned and operated by Nauticus Investments, LLC (“NI" or the “Company”). None of NI or its owners, employees, affiliates, or agents responsible for the content, services, and subscriptions on this site are registered investment advisers, broker dealers, or financial analysts, nor are they members of any kind of financial advice or research group. We are not qualified to give out financial advice, investment strategies, or stock trading advice. Topics and discussions mentioned or covered on nauticustrading.com and affiliated servers should not be deemed as investment advice. Never invest purely based on our communication or anything contained in, heard, seen or learned from our website.
No one under the age of 18 may use this site; if you are under the age of 18, you are not permitted to access this website for any reason.
We are owned and operated within United States. This website is intended for use only by persons residing within United States; if you access this website from any location other than the United States, you are fully responsible for compliance with the laws of the jurisdiction from which you access. We do not make any representation that our website or the content available on it is appropriate or permitted for use outside of the United States and you may not use it where access and/or use of this website is prohibited or violates any non-United States law.
RELEASE OF LIABILITY
You understand the risks of trading stocks, ETFs, options, futures, derivatives, and commodities and agree that you shall hold harmless NI, its representatives, owners, employees, affiliates, and agents from any and all liability due to any and all loss (monetary or otherwise), damage (monetary or otherwise), or injury (monetary or otherwise) that you may incur as a result of use or reliance on information provided on or by nauticustrading.com and affiliated servers or through NI. You also understand that when signing up for our subscription services you are signing up for all services owned and operated by NI.
Use of information provided here is at your own risk. ALWAYS DO YOUR OWN RESEARCH and consult with a licensed investment professional before making an investment. You also agree that securities mentioned on nauticustrading.com or affiliated servers and may be owned by NI, its representatives, owners, employees, affiliates, or agents and may be traded in their own accounts based off information discussed on nauticustrading.com and affiliated servers. Investing in securities is speculative and risky so consult your own registered investment advisor before doing so.
Past performance does not guarantee future results. You should not invest in any stock or securities mentioned on nauticustrading.com and affiliated servers unless you can afford to lose your entire investment.
We do not guarantee that anything said by any party through our website or in any communication we make will occur; what you will hear, see and learn on our website are opinions, some of which may not be honestly held by some of those communicating to you. We can’t ensure that anyone’s opinions expressed on our website are a valid or even a reasonable opinion.
There will be lots of speculation and forward-looking statements that you will encounter on our website and in our communications. Forward looking statements are all statements regarding matters that are not historical facts. We can’t guarantee that any of the forward-looking statements will come true. Every company, stock, opportunity and investment has a wide variety of risk factors that may prevent even the most reasonable seeming forward looking statements not to be achieved. For any investment that you may want to make, you should check the investment’s own disclosure about risk factors in its public filings and ask your own investment advisor about potential risks.
Subscription to the Nauticus Trading services is non-refundable as service provides access to proprietary information. You can cancel subscriptions anytime via your payment provider. It is your responsibility to cancel your subscriptions before your renewal due date. Please ensure that you have ALL questions answered BEFORE submitting payment for access to our services. We can be contacted via our online contact form.
TERMS OF SERVICE
Your access to and use of the company sites and materials are conditioned on your acceptance of and compliance with these Terms. By accessing or using the company sites and materials, you agree to be bound by these Terms. If you do not agree to the terms HEREIN, you agree that you will not access or use the company sites and materials, and YOU understand that you ARE PROHIBITED FROM ACCESSING ANY WEBSITES OR MATERIALS PROVIDED BY the COMPANY.
You are solely responsible for your use of the Company Sites and Materials as defined below. You agree that you will not use the Company Sites and Materials unless you can form a binding contract with the Company. Please read these Terms of Service (“Terms”) carefully before accessing or using any websites or materials provided by Nauticus Invesments, LLC (the “Company” or “We” or “Us”), or its owners, subsidiaries, affiliates, and joint business ventures, and all their respective officers, directors, employees, agents, and representatives (collectively, “Company Affiliates”). Without limitation, such websites include nauticustrading.com and products, services, subscriptions, content and features available on or provided through those websites (such sites and materials collectively, “Company Sites and Materials”).
The Company may revise these Terms by updating this posting or communicating with you regarding the same via the contact information the Company has on record for you. Your continued use of Company Sites and Materials after such revisions have been posted or communicated to you indicates your acceptance of all such revisions.
The Company Sites and Materials are not intended for or directed towards children under 18 years of age. By accessing or using the Company Sites and Materials, you affirm that you are over the age of 18.
2. GENERAL DISCLAIMER
The Company is not an investment, financial, tax, or legal adviser or a broker-dealer and does not purport to provide personalized investment, financial, tax, or legal advice in any form. The Company does not recommend the purchase of particular securities nor does the Company promise or guarantee any particular investment results. You understand and acknowledge that there is a very high degree of risk involved in trading securities and, in particular, in trading futures and options, and in trading penny stocks. You acknowledge and agree that you, and not the Company, are solely responsible for your own investment research and decisions. Do not trade with money that you cannot afford to lose. You understand that the Company encourages you to seek the advice of a qualified securities professional and/or tax or legal adviser, as necessary, before making any investment, and to investigate and fully understand any and all risks before investing. The Company assumes no responsibility or liability for your trading and investment results, and you agree to hold the Company harmless for any such results or losses.
Past results of any individual trader or trading system published by the Company are not indicative of future returns by that trader or system, and are not indicative of future returns which may be realized by you. In addition, the methods, techniques, information, content, indicators, strategies, columns, articles and all other features of the Company Sites and Materials, or any Company product or service, (collectively, the “Information”) are provided for informational and educational purposes only and should not be construed as investment advice. Accordingly, you should not rely on the Information in making any investment. Rather, you should always perform additional independent research in order to allow you to form your own opinion regarding investments. You are solely responsible for your own trading decisions, and nothing in the Information is intended to be or should be interpreted as a promise or guarantee of any particular result. You should always check with your licensed financial, investment, legal, or tax adviser to determine the suitability of any investment.
3. INTELLECTUAL PROPERTY, HYPERLINKS & LINKS TO OTHER WEBSITES
The Company Sites and Materials and related content, including without limitation the User Submissions (as defined below), third-party applications, and any other content on the Company Sites and Materials and the copyrights, trademarks, service marks and other intellectual property rights in such content are the property of Company and/or its third-party licensors or providers unless otherwise specifically stated. You may access and use such content solely for your own personal and non-commercial use. The Company or its third-party licensors, as applicable, reserve all rights not expressly granted in and to such content. Your modification or use of such content other than modification or use expressly permitted hereunder is a violation of our intellectual property rights and can subject you to legal liability. By accepting these terms and conditions you agree that if you are found to be sharing, distributing or providing shared access to content you will be charged for the price of the service multiplied by the number of people the content has been distributed to/shared with, each month, until said behavior ceases. The minimum amount of damages if you are found to be sharing, distributing or providing shared access to content is two hundred thousand dollars ($200,000.00 USD), payable to Nauticus Invesments, LLC
The Company Sites and Materials may contain links to third-party websites. The fact that we provide such links is not an endorsement of that third party or any services or products that they may offer, or a representation of our affiliation with that third party. We do not exercise control over third-party websites. These other websites may follow different rules regarding the use or disclosure of the personally identifiable information you submit to them and you should read the privacy policies or statements of the other websites you visit.
4. USER SUBMISSIONS AND OTHER CONTENT
The Company Sites and Materials may permit the submission of content by users, including, for example, comments, articles, links, and conversations in our chat rooms (“User Submissions”). By posting any such User Submissions, you grant the Company an irrevocable, worldwide, non-exclusive, royalty-free license (with the right to sub-license) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such User Submission in any and all media or distribution methods (now known or later developed). The Company has the right, in its sole discretion and without further notice to you, to monitor, censor, edit, move, and/or remove any and all content posted on the Company Sites and Materials, including any User Submission, at any time and for any reason.
We do not represent or guarantee the completeness, truthfulness, accuracy, usefulness or reliability of any content or User Submission and do not necessarily endorse any opinions expressed therein. You understand that by using the Company Site and Materials, you may be exposed to content that might be offensive, harmful, inaccurate or otherwise inappropriate. We may not monitor or control the content or User Submissions accessible on the Company Sites and Materials.
In connection with your use of the Company Sites and Materials and your own User Submissions, you agree to follow our Code of Conduct as the same may be published or linked to on the Company Sites and Materials. We may periodically update the Code of Conduct.
5. TRANSPARENCY AND RESULTS CLAIMS
To promote transparency, we may require users to verify their securities trades through various methods that we designate. If you fail to provide such verification, we may do any or all of the following: (1) disable any account that you have established through the Company Sites and Materials; (2) remove any content you post, including content regarding your trades. Despite the Company’s commitment to transparency, however, the Company does not guarantee the accuracy of and shall not be liable in any way in connection with any trade information submitted by users.
In addition, the Company Sites and Materials may at times refer to a commitment by Nauticus Invesments, LLC or other authorized representatives of the Company to share their investment results, including but not limited to trading results or investment strategies. Such references should not be construed or interpreted to require the disclosure of investments and strategies that are personal in nature, that are part of estate or tax planning, or that are immaterial to the scope and nature of the Company’s educational philosophy.
6. SUBSCRIPTION AND PAYMENT
In connection with any purchase of services or materials from the Company, the Company does not make any promise regarding the continuation of any current features or functionality or delivery of any future functionality or features.
If you purchase a subscription to any Company service or material, by authorizing the Company to charge a payment card for the fees associated with your subscription(s), you are authorizing the Company to automatically continue charging that card (or any replacement card issued by the card issuer) for all fees or charges associated with your subscription, including any renewal fees as described below. The Company may at any time change any of its pricing, or institute new charges or fees. Price changes and new charges announced during your subscription term for a service will apply to subsequent subscription terms. During the term of your subscription, you agree to inform the Company of any payment card information changes.
Your subscriptions will be set to automatically renew upon expiration. This means that unless you cancel your subscription prior to its expiration, your account will automatically renew for the same term.
If you cancel or terminate a subscription, you acknowledge and agree that any refunds will be in the Company’s sole discretion. Your obligations hereunder, including your obligation to pay amounts owed to us under these Terms for use of or access to our services or materials, including subscriptions, shall survive expiration or termination of these Terms and your cessation of use of the Company Sites and Materials.
You are responsible for the payment of any taxes associated with the purchase of services or materials from the Company.
No measures designed to protect, secure, or preserve the integrity or confidentiality of information, including methods of transmission over the Internet or method of electronic storage, can guarantee the security of your information. The Company makes no assurances regarding the security of your information.
8. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE CONTENT, PRODUCTS, TOOLS, AND SERVICES INCLUDED OR OBTAINED VIA OR AS PART OF THE COMPANY SITES OR MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE AND NON-INFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES RELATING TO THE ADEQUACY, ACCURACY, RELIABILITY, USEFULNESS OR COMPLETENESS OF ANY OF THE INFORMATION CONTAINED ON OR IN THE COMPANY SITES AND MATERIALS.
9. LIMITATION OF LIABILITY
NEITHER THE COMPANY NOR THE COMPANY AFFILIATES NOR ANY OF THEIR SUPPLIERS, ADVERTISERS, OR SPONSORS ARE OR WILL BE LIABLE FOR ANY ACTUAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES WHETHER UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING IN ANY WAY TO ANY OF THE COMPANY SITES AND MATERIALS, OR ANY OF THE CONTENT CONTAINED THEREIN, OR ANY PRODUCT OR SERVICE USED OR PURCHASED THROUGH THE COMPANY INCLUDING, BUT NOT LIMITED TO, LOST REVENUE OR INCOME, LOSS OF CAPITAL, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIABILITY OF THE COMPANY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE) SHALL NOT EXCEED THE GREATER OF $100 OR THE TOTAL AMOUNT PAID TO US BY YOU, IF ANY, FOR MATERIALS OR SERVICES (INCLUDING SUBSCRIPTIONS), DURING THE PREVIOUS SIX (6) MONTHS PRIOR TO BRINGING THE CLAIM.
As a condition of your use of any of the Company Sites and Materials, you agree to indemnify and hold the Company and the Company Affiliates harmless for any losses, claims, judgments, costs, damages, and expenses (including legal fees) caused by or resulting from (a) your violation of these Terms; (b) your use or reliance upon any of the Company Sites and Materials; (c) your violation of the rights of any third party; (d) any claim that one of your User Submissions caused damage to a third party; or (e) any claim or demand by a third party arising out of your use of any third party website. This obligation to indemnify and hold harmless will survive the expiration or termination of these Terms and your cessation of use of the Company Sites and Materials.
11. TERM & TERMINATION
Except as otherwise specified herein, these Terms commence on your first use of any of the Company Sites and Materials and continue until you cease to use the Company Sites and Materials or your subscription, if any, expires or has been terminated, whichever is later.
The Company may terminate your access to and use of the Company Sites and Materials at any time. Cause for such termination shall include, but not be limited to (i) breaches or violations of these Terms or other agreements or guidelines, (ii) requests by law enforcement or other government or regulatory authorities, or (iii) violation or unauthorized use of copyrights or other intellectual property. Cancellation or termination of your account, services or subscriptions by the Company shall not relieve you of any obligation to pay any accrued fees or charges. You may not access or use the Company Sites and Materials after termination or notification of the same.
Entire Agreement. These Terms and the Code of Conduct referenced herein constitute the entire agreement between you and the Company relating to your use of the Company Sites and Materials and supersedes any and all prior or contemporaneous written or oral agreements on that subject between us.
Severability. If any provision of the Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions.
Governing Law. This Disclaimer and the Terms shall be construed and enforced in accordance with the laws of the United States.
CODE OF CONDUCT
This Code of Conduct applies to your access and use of the websites or materials on which they appear (collectively, “Company Sites and Materials”). Without limitation, this Code of Conduct applies to your use of bulletin boards, message boards, newsgroups, chat rooms, and other interactive or social media features of the Company Sites and Materials. References to “Company,” “we” or “us” below are references to Nauticus Investments, LLC and its owners, subsidiaries, affiliates, and joint business ventures, and their respective officers, directors, employees, agents, and representatives.
In accessing or using the Company Sites and Materials, you may not:
Restrict or inhibit any other visitor from using the Company Sites and Materials, including, without limitation, by means of “hacking” or defacing any portion of the websites;
Use the Company Sites and Materials for any unlawful purpose;
Express or imply that any statements you make are endorsed by us, without our prior express written consent;
Share, disseminate, or distribute any content, products, services, or materials available through your paid subscription or service;
Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Company Sites and Materials;
“Frame” or “mirror” any part of the Company Sites and Materials without our prior written authorization;
Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to download, retrieve, index, “data mine”, “scrape”, “harvest” or in any way reproduce or circumvent the navigational structure or presentation of the websites or its contents;
Harvest or collect information about visitors to the Company Sites and Materials without their express consent;
Send unsolicited or unauthorized advertisements, spam, chain letters, etc., to other users of the Company Sites and Materials;
Infringe any party’s intellectual property rights;
Threaten any of our users in any way;
Incite hatred or promote materials that violate our users’ civil rights;
Include or use profanity, vulgarity, obscenity or pornography;
Publish any other user’s personally identifiable information (credit or debit card numbers, social security numbers, driver’s license);
Impersonate any other user or person in a manner intended to mislead or confuse other users or engage in inappropriate, unethical or misleading behavior;
Engage or promote illegal activities;
Send spam or transmit any malware or viruses or other harmful computer code, files or programs; and
Solicit or advertise on the websites or add abusive or non-related linking to your own site;
By accepting these terms and conditions you agree that if you are found to be in breach of the above Code of Conduct you agree to pay a penalty of $10,000 USD per instance of breach, plus reasonable legal fees as applicable.
In order to access some of the services of the websites, you may have to create an account. By creating this account you agree to:
Maintain only a single account;
Provide accurate and complete information;
Never share your account user name or password or knowingly provide or authorize access to your account (including without limitation any subscription, products, services, or materials made available by the Company);
Never use another user’s account without permission;
Be solely responsible for the activity that occurs on your account, and keep your account password secure; and
Notify us immediately of any breach of security or unauthorized use of your account.
The Company may allow free speech, debate, and sharing among our users. However, the Company is opposed to language and acts that do not further the mission of the websites and our community, including personal attacks on other users.
You may not circumvent any measures we may put in place to protect the privacy or confidentiality of your account or information, or the account or information of ourselves, our affiliates, or other users, including encryption measures or the use of multi-factor authentication.
I HAVE READ THE AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED THEREIN.