top of page
Copy of sectormbanner (4)_edited.jpg

Terms of Service

Terms of Service

Kaz Kahani LLC (the “Company”) provides a newsletter service through its website, sectormomentum.com.  Said website and related emails are hereinafter together or individually referred to as the “Site.  By accessing any content of the Site, you, whether you are a Member, Subscriber, free member or any other type of user, acknowledge that you have read and understood the following terms, conditions, policies, disclaimers, agreements, notices and restrictions, hereinafter referred to as “Terms of Service”, and agree to be bound by them as well as all applicable laws and regulations:

 

1. Not Financial Advice

The Company is not a Registered Investment Advisor, Broker/Dealer, Financial Analyst, Financial Bank, Securities Broker or Financial Planner. The Information on the Site is provided for information purposes only. The Information is not intended to be and does not constitute financial advice or any other advice, is general in nature and not specific to you. Before using the Company’s information to make an investment decision, you should seek the advice of a qualified and registered securities professional and do your own due diligence. None of the information on our Site is intended as investment advice, as an offer or solicitation of an offer to buy or sell, or as a recommendation, endorsement, or sponsorship of any security, Company, or fund. The Company is not responsible for any investment decision made by you. You are responsible for your own investment research and investment decisions.

 

2. Disclosure Policy

The Company’s affiliates or associates and/or its employees may hold positions in securities that are described on the Site. They may, from time to time, hold positions consistent or inconsistent with information contained on the Site, have no obligation to notify Subscribers in any way regarding said positions and shall have no liability to Subscribers that relates in any way to said positions. Their affiliation or relationship to the Company or its Subscribers shall in no way limit the positions they may hold or when they may hold them.

 

3. Risk Disclosure

There is a substantial amount of risk in trading securities, and the possibility exists that you can lose all, most, or a portion of your capital. The Company does not, cannot, and will not assess or guarantee the suitability or profitability of any particular investment, or the potential value of any investment or information source. The securities mentioned on our Site may not be suitable for investors depending on their specific investment objectives and financial condition. The information provided by the Company, including but not limited to its opinion and analyses, is based on financial models believed to be reliable but is not guaranteed, represented or warranted to be accurate or complete. The charts depict the results of our models and are not influenced by any other factors except the updated parameters that the models use. The models’ signals should not be construed to be investment advice. The information may contain forward-looking statements about various economic trends and strategies. You are cautioned that such forward-looking statements are subject to significant business, macroeconomic, and random uncertainties, and actual results could be materially different. There are no guarantees associated with any forecast and the opinions stated here could be wrong due to false signals from the models, or the models being incorrectly structured, incorrectly updated, and/or incorrectly interpreted. The signals, forecasts, the Site, and the Company’s products and services only express our opinions based on our modeling results.  Our opinion will be wrong at times because of the limitations of investment analysis. Investment analysis, whether fundamental, technical, or any other form of investment analysis, can not predict the future and is not a science that predicts precise and accurate results. Your use of any information from the Site is at your own risk and without recourse against the Company, its owners, directors, officers, employees, or content providers.

 

4. Backtesting

The information from the Site is based on financial models and trading and investment signals are generated mathematically. All of the signals, timing systems, and forecasts are the result of backtesting, and are therefore merely hypothetical. Trading signals or forecasts used to produce our results were derived from equations which were developed through hypothetical reasoning based on a variety of factors. Theoretical buy and sell methods were tested against the past to prove the profitability of those methods in the past. Performance generated through back testing has many and possibly serious limitations. We do not claim that the historical performance of the Company’s timing systems, signals or forecasts will be indicative of future results. There will be substantial and possibly extreme differences between historical performance and future performance.  Past performance is no guarantee of future performance. There is no guarantee that out-of-sample performance will match that of prior in-sample performance. The Company does not claim or warrant that its timing systems, signals, forecasts, opinions or analyses are consistent, logical or free from hindsight or other bias or that the data used to generate signals in the backtests was available to investors on the dates for which theoretical signals were generated.

 

5.  Privacy

Personal Details

The following data is stored:  Your first and last name and your email address. If a survey is sent out via email asking for other personal information, it is up to the Subscriber how much information to share. Stored data will not be shared with any third party.

Billing Details

We use the Square payment gateway through Wix, and all personal billing details are stored by Wix. We retain for reference only the last four digits of your credit card and the Square payment reference numbers.

Cookies

The site uses the standard cookies used by Wix and Google Analytics that enhance your site experience and for our website's usage tracking, respectively.

6. User Submissions

If you transmit to, or otherwise provide to the Site any feedback (such as questions, comments, suggestions, or the like) or data or materials (“User Submissions”), such User Submissions shall be deemed to be non-confidential and non-proprietary. The Company shall have no obligation of any kind with respect to such User Submissions and shall be free to reproduce, use, disclose, modify, display and distribute the User Submissions to others without limitation. By transmitting such User Submissions to the Site, you are deemed to grant to the Company a perpetual, worldwide, royalty-free, irrevocable, non-exclusive license (with rights to sublicense) to use any ideas, concepts, know-how or techniques contained in such User Submissions for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products incorporating such User Submissions.

You may post on the Site any User Submissions owned by you (such as your original statements) and User Submissions for which you have received express permission from the owner. You assume all risk and responsibility for determining whether the User Submissions is in the public domain.

You grant the Company the right to edit, copy, publish, distribute, translate and otherwise use in any medium any User Submissions that you place on the Site without remuneration to you. You represent and warrant that you are authorized to grant all rights set forth in this paragraph.

 

7. Improper Transmission

You are prohibited from posting or transmitting to the Site, including our discussion forums, if any, any unsolicited chain letters or “spam”, or any confidential, threatening, harassing, libelous, false, defamatory, offensive, obscene, or pornographic material; any material that would violate the rights of privacy of any person, or other material that would violate any applicable law or regulation, including but not limited to: any federal or state laws or regulations governing equal employment opportunities. However, if such communications do occur, the Company will have no liability related to the content of any such communications. You are prohibited from posting on the Site any User Feedback or communications, in which you do not own the copyright, unless you have consent from the owner or the content is in the public domain. You may not post or transmit to the Site any advertising, surveys, promotional materials, contests, or any other commercial or non-commercial solicitations. You are also prohibited from impersonating any individual. The Company may, but is not obligated to, review or monitor areas on the Site, if any, where users may transmit or post communications, including discussion groups, bulletin boards, chat rooms, and user forums. The Company is not responsible for the accuracy of any posted information, including but not limited to: information, data, opinions, advice, or statements transmitted or posted in chat rooms and user forums, or other Site discussion boards.

 

8. Electronic Documents, Internet and Transmission Risks

We may, in our sole discretion, seek your consent to the terms and conditions of this Agreement and certain other agreements on the Site by means of an electronic signature by requesting you to affirmatively “click” on boxes containing the words “I Accept,” “I Agree” or other similar phrases (collectively, “Acceptance Terms”). If you “click” on the Acceptance Terms, your “click” will be deemed a legally binding electronic signature. You acknowledge and agree that you will carefully review any document or web page before making such an electronic signature. Information, updates of our newsletter, including but not limited to charts, signals and commentary are provided on the Site. There is no guarantee that we can provide this on a specific day, time or at all.  We are not responsible for delays or interruptions in transmission of information due to acts of God, man-made or natural causes, whether said delays result from problems with Internet connectivity either by you, or us or by slowdowns of Internet transmittal or otherwise.

 

9. Indemnification

Subscriber agrees to indemnify and hold the Company, its parent, its employees, its officers, its agents and content providers harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from Subscriber's use of the Site, or from any Subscriber's violation of this Agreement or any third party’s rights, including but not limited to: copyright, property, and privacy rights. This indemnification and hold harmless obligation will survive this Agreement and the Subscriber's use of the Site.

 

10. Termination

The Company has the right, in its sole discretion, to terminate your access to the Site, without liability to you or any third party.

 

11. Modification

The Company reserves the right to change this Terms of Service agreement at any time by revising the terms and conditions herein. You are responsible for regularly reviewing these terms and conditions. Such changes, modifications, additions, or deletions shall be effective immediately once posted on the Site. Your use of the Site constitutes your acceptance of and agreement to the than current version of this Terms of Service.

 

12. Governing Law and Venue

This Agreement is governed following the laws of the State of Delaware. Notwithstanding any conflict with the laws, ordinances, or provisions or your domicile, residence, or physical location, the interpretation, validity, and effect of this Terms of Service, and any dispute or claim based on your use of the Site, its products, information or services, will be governed per the laws of the State of Delaware. Any litigation between the Company and any Subscriber shall be exclusively heard in the state of Delaware.

Last updated Jan 1, 2024

bottom of page