Netpicks User Disclaimer

HYPOTHETICAL PERFORMANCE RESULTS HAVE MANY INHERENT LIMITATIONS, SOME OF WHICH ARE DESCRIBED BELOW. NO REPRESENTATION IS BEING MADE THAT ANY ACCOUNT WILL OR IS LIKELY TO ACHIEVE PROFITS OR LOSSES SIMILAR TO THOSE SHOWN. IN FACT, THERE ARE FREQUENTLY SHARP DIFFERENCES BETWEEN HYPOTHETICAL PERFORMANCE RESULTS AND THE ACTUAL RESULTS SUBSEQUENTLY ACHIEVED BY ANY PARTICULAR TRADING PROGRAM.

ONE OF THE LIMITATIONS OF HYPOTHETICAL PERFORMANCE RESULTS IS THAT THEY ARE GENERALLY PREPARED WITH THE BENEFIT OF HINDSIGHT. IN ADDITION, HYPOTHETICAL TRADING DOES NOT INVOLVE FINANCIAL RISK, AND NO HYPOTHETICAL TRADING RECORD CAN COMPLETELY ACCOUNT FOR THE IMPACT OF FINANCIAL RISK IN ACTUAL TRADING. FOR EXAMPLE, THE ABILITY TO WITHSTAND LOSSES OR TO ADHERE TO A PARTICULAR TRADING PROGRAM IN SPITE OF TRADING LOSSES ARE MATERIAL POINTS WHICH CAN ALSO ADVERSELY AFFECT ACTUAL TRADING RESULTS.THERE ARE NUMEROUS OTHER FACTORS RELATED TO THE MARKETS IN GENERAL OR TO THE IMPLEMENTATION OF ANY SPECIFIC TRADING PROGRAM WHICH CANNOT BE FULLY ACCOUNTED FOR IN THE PREPARATION OF HYPOTHETICAL PERFORMANCE RESULTS AND ALL OF WHICH CAN ADVERSELY AFFECT ACTUAL TRADING RESULTS.

NetPicks’ historical data figures are based on hypothetical trades that you will not be able to duplicate for yourselves. The purpose of showing you this data is not to reflect what we or any of our customers have done. The sole purpose is to track what the systems did each day according to the simulated system trades. There are many reasons why you will not be able to duplicate these trades in real time, including but not limited to: market conditions, brokerage services and commissions, your buying power, trading skills, internet access, computer capability, real-time data provider, your ability to continuously monitor the market to perform all the trades, and “slippage,” the amount of time it may take you to execute the trades. The effect all of these factors, often classified as “slippage,” cannot be determined. Your results may vary substantially.
All TRADING involves high risks and YOU can LOSE a substantial amount of money.

This is not a prospectus; no offer on our part with respect to the sale or purchase of any securities is intended or implied, and nothing contained herein is to be construed as a recommendation to take a position in any market. It is possible that at this date or some subsequent date the officers, directors and/or shareholders of NetPicks LLC and its affiliates own securities, or buy or sell securities mentioned in this publication or those not so mentioned. The intent of the NetPicks information supplied to SUBSCRIBER is for instructional purposes only. The NetPicks information supplied to SUBSCRIBER is designed to discuss the market environment, technical analysis, movement of the price action, configuration of indicators, calculation of the measurement of the trading market and to calculate the levels of risk. The idea is that with repetitious exposure to a disciplined approach of this short-term trading methodology, SUBSCRIBER can learn to understand the methodology for independent application. The material presented herein has been obtained or derived from sources believed to be accurate, but we do not guarantee its accuracy. There have been no promises, guarantees or warranties suggesting that any trading will result in a profit or will not result in a loss. Results can and will vary between individuals. SUBSCRIBER is responsible for using good judgment when trading. All trading system performance claims are based on comparing hypothetical trading results with other trading systems in the financial market. All historical performance trading system results are not achievable in real trading because slippage and the psychological factors of a trader cannot be accurately accounted for. The “System Performance” records are representative of hypothetical trading results of our trading systems. Reasonable slippage, commission, individual’s emotion, levels of discipline and self-control need to apply independently to estimate the actual trading results. All trading involves high risk; past performance is not necessarily indicative of future results.

Commission Rule 4.41(c)(1) applies to “any publication, distribution or broadcast of any report, letter, circular, memorandum, publication, writing, advertisement or other literature.”

Commission Rule 4.41(b) prohibits any person from presenting the performance of any simulated or hypothetical futures account or futures interest of a CTA, unless the presentation is accompanied by a disclosure statement. The statement describes the limitations of simulated or hypothetical futures trading as a guide to the performance that a CTA is likely to achieve in actual trading.

Commission Rule 4.41(b)(1)(I) hypothetical or simulated performance results have certain inherent limitations. Unlike an actual performance record, simulated results do not represent actual trading. Also, since the trades have not actually been executed, the results may have under- or over-compensated for the impact, if any, of certain market factors, such as lack of liquidity. Simulated trading programs in general are also subject to the fact that they are designed with the benefit of hindsight. No representation is being made that any account will or is likely to achieve profits or losses similar to those shown.