TERMS AND CONDITIONS
Pocket Broker, LLC (“Pocket Broker”), provides Desktop Apps (Benjii) and mobile application-based educational material and information and data concerning the financial markets, securities and other subjects for self-directed investors.
These Terms and Conditions are in addition to any other agreements between you and Pocket Broker LLC, including any customer or account agreements and any other agreements that govern your use of software, products, goods, services, content, tools, and information provided by Pocket Broker.
Please read the below Terms and Conditions carefully before using these services.
The Pocket Broker Website or Desktop App (Benjii) [collectively, the “Service”] may include or make available certain content (the “Content”). Content includes, without limitation: (1) educational material and information and data concerning the financial markets, securities and other subjects; (2) market data such as quotations for securities transactions and/or last sale information for completed securities transactions reported in accordance with federal securities regulations; (3) financial and investment interactive tools, such as alerts or calculators; and (4) any other information, content, services, or software. Certain Content is furnished by third parties (each, a “Third-Party Provider” and collectively, the “Third-Party Providers”). Such Content (“Third Party Content”) includes, without limitation, any information, content, service or software made available by or through social media Website or Desktop App (Benjii), blogs, wikis, online conferences, telecasts, podcasts, and other forums (collectively, the “Forums”). Third Party Content may be available through framed areas or through hyperlinks to the Third-Party Providers’ Website or Desktop App (Benjii).
Pocket Broker’s Website, affiliated Desktop App (Benjii), and the information contained in this Website and Desktop App (Benjii) is copyright property of Pocket Broker, LLC. All rights reserved. ACCEPTANCE OF TERMS AND CONDITIONS
All content on this Website or Desktop App (Benjii) and related services is provided as information only and should not be taken as investment advice. All Site or Desktop App (Benjii) content, including potential advertisements and premium content on this Site or Desktop App (Benjii) or related social media communications such as Facebook or Twitter, shall not be construed as a recommendation to buy or sell any security or financial instrument, or an offer or recommendation to participate in any particular trading or investment strategy.
The ideas expressed on this Site or Desktop App (Benjii) and related services are solely the opinions of Pocket Broker and are for educational purposes only. Pocket Broker is not a licensed investment advisor or commodity trading advisor nor is licensed as such with any federal or state regulatory agency. Pocket Broker does not manage client assets in any way. Any investment decision that results in losses or gains made based on any information on this Site or Desktop App (Benjii) is not the responsibility of Pocket Broker. Pocket Broker does not offer refunds and reserves the right to terminate service at any time. Users are not locked in to any time commitment and can cancel service at the end of each billing period. Vacation time of up to 6 weeks per year are included as part of the agreement to join Pocket Broker and/or affiliates.
Any investments, trades, and/or speculations made in light of the ideas, opinions, and/or forecasts, expressed or implied herein, are committed at your own risk, financial or otherwise. Trading with leverage could lead to greater loss than your initial deposit. Trade at your own risk. Investors and traders are responsible for their own investment/trading decisions including entries, exits, position sizing and use of stops or lack thereof. You must be aware of the risks and be willing to accept them in order to invest in the futures and options markets. Don’t trade with money you can’t afford to lose. This Website or Desktop App (Benjii) is neither a solicitation nor an offer to buy and or sell futures or options. No representation is being made that any account will or is likely to achieve profits or losses similar to those discussed on this Website or Desktop App (Benjii). The past performance of any trading system or methodology is not necessarily indicative of future results.
Pocket Broker may make statements about certain investment vehicles and strategies, but it is not to be taken as investment advice. Pocket Broker is an educational service only, not an advisory, stock, or trade recommendation service. At times, Pocket Broker will analyze the technical structure (chart) of various stocks, indices or financial markets, but is in no way compensated by the companies analyzed either in reports or daily commentaries. All examples are provided for educational purposes. Trading options and/or futures involves substantial risk of loss and is not suitable for all investors. You should therefore carefully consider whether such trading is suitable for you in light of your financial condition. Past performance is not necessarily indicative of future results.
Pocket Broker is not regulated by any financial authority, and by that not licensed to give any trade recommendations or advice. It is recommended for you to seek independent financial advice before trading financial markets.
To reiterate, the opinions expressed in the Site or Desktop App (Benjii) and Desktop App (Benjii) do not constitute investment advice and independent advice should be sought where appropriate. The Site or Desktop App (Benjii) contains general information only and does not take into account the individual objectives, financial situation or needs of a person. All information, opinions and estimates expressed on the Site or Desktop App (Benjii) are current as of the date of publication, are subject to change without notice, and may become outdated over time.
The Content and the Service are provided on an “as is” and “as available” basis. To the fullest extent permitted under applicable law, Pocket Broker and the Third Party Providers expressly disclaim all warranties of any kind with respect to the Content and the Service, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Pocket Broker nor Third Party Providers guarantee the accuracy, timeliness, completeness or usefulness of any Content. You agree to use the Content and the Service only at your own risk. Neither Pocket Broker nor the Third Party Providers explicitly or implicitly endorse or approve any Third Party Content. Such materials may be subject to incorrect data transmission or other faults due to the public nature of the Internet. Pocket Broker may amend, relocate, remove or delete any such materials from time to time in its sole discretion.
Without prejudice to the foregoing, and to the extent permitted by applicable law, Pocket Broker makes no representations or warranties:
(a) regarding the accuracy, timeliness, adequacy, commercial value or completeness of any data and/or information contained on the Site or Desktop App (Benjii); (b) that the Site or Desktop App (Benjii) is free from computer viruses or other malicious, destructive or corrupting codes, agents, programs or macros; or (c) that the functions contained on the Site or Desktop App (Benjii) will not be interrupted, or error-free or that defects will be corrected, …and Pocket Broker accepts no responsibility or liability in relation to such matters.
To the extent permitted by applicable law, in no event will any member of the Pocket Broker be liable for the published content of any third party which is available on the Site or Desktop App (Benjii) or any direct, special, indirect, consequential, incidental damages or any other damages of any kind, including damages caused by gross negligence or willful misconduct arising out of your use of the Site or Desktop App (Benjii).
Third Party Content is provided for informational purposes only. You are solely responsible for determining whether any investment, investment strategy or related transaction is appropriate for you based on your personal investment objectives, financial circumstances and risk tolerance. You should consult your legal or tax professional regarding your specific situation.
POCKET BROKER AND THE THIRD PARTY PROVIDERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, INCOME, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF POCKET BROKER OR ANY THIRD PARTY PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (1) THE USE OF OR THE INABILITY TO USE THE CONTENT OR THE SERVICE; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SERVICE; (3) ACCESS TO OR ALTERATION OF YOUR ACCOUNT, TRANSMISSIONS OR DATA DUE TO YOUR CONDUCT, INACTION OR NEGLIGENCE; OR (4) ANY OTHER MATTER RELATING TO THE CONTENT OR THE SERVICE.
You are solely responsible for evaluating the merits and risks associated with the use of any Content provided through the Service before making any decisions based on such Content. You agree not to hold Pocket Broker or any Third-Party Provider liable for any possible claim for damages arising from any decision you make based on the Content or other information made available to you through the Service or any Third-Party Provider Website or Desktop App (Benjii). Past performance data should not be construed as indicative of future results.
I understand that all investments involve risk, that losses may exceed the principal invested, and that the past performance of a security, industry, sector, market, or financial product does not guarantee future results or returns.
Past performance may not be indicative of future results. Therefore, no current or perspective client should assume that the future performance of any specific investment, investment strategy, or product made reference to directly or indirectly by our Website or Desktop App (Benjii), Desktop App (Benjii), or indirectly via link to any unaffiliated third-party Website or Desktop App (Benjii), will be profitable or equal to corresponding indicated performance levels. Different types of investments involve varying degrees of risk, and there can be no assurance that any specific investment will either be suitable or profitable for a client’s or prospective client’s investment portfolio. No client or prospective client should assume that any information presented and/or made available on our Website or Desktop App (Benjii), or Desktop App (Benjii) serves as the receipt of, or a substitute for, personalized individual advice from an advisor or any other investment professional. Historical performance results for investment indexes and/or individual securities generally do not reflect the deduction of brokerage fees, the incurrence of which would have the effect of decreasing historical performance results.
Investing involves a great deal of risk, including the loss of all or a portion of your investment, as well as emotional distress. Nothing contained herein should be construed as a warranty of investment results. All risks, losses and costs associated with investing, including total loss of principal, are your responsibility. It is possible that Pocket Broker, LLC., may have a position in stocks or funds discussed within this Site or Desktop App (Benjii) or in correspondence sent to clients.
GENERAL RISKS OF TRADING AND INVESTING
All securities trading, whether in stocks, exchange-traded funds (“ETFs”), options, or other investment vehicles, is speculative in nature and involves substantial risk of loss. Pocket Broker encourages its Customers to invest carefully and to use the information available at the Website or Desktop App (Benjii) of the SEC at http://www.sec.gov and FINRA at http://FINRA.org. Customers can review public companies’ filings at the SEC's EDGAR page. FINRA has published information on how to invest carefully at its Website or Desktop App (Benjii). Pocket Broker may also make some of this information available on its Website or Desktop App (Benjii). Pocket Broker believes it is very important that every Customer understands all of the risks of any form of trading or investing prior to trading or investing real dollars. Past performance is not necessarily indicative of future results. By investing their money in securities after utilizing Pocket Broker’s informational material, Customers are taking full responsibility for all trading actions, and should make every effort to understand the risks involved.
Past performance is not necessarily indicative of future results. All investments carry risk, and all trading decisions of an individual remain the responsibility of that individual. There is no guarantee that systems, indicators, or trading signals will result in profits or that they will not result in losses. All Customers are advised to fully understand all risks associated with any kind of trading or investing they choose to do.
INVESTMENT RISK WARNING AND DISCLOSURES
The investment services, products and any opinions, views or recommendations made or referred to on this Site or Desktop App (Benjii) and Desktop App (Benjii) are provided for general information purposes only. To the extent that any such information, opinions, views and recommendations constitute advice, they do not take into account any person’s particular financial situation or goals and, accordingly, do not constitute personalized financial advice under the Financial Advisers Act 2008, nor do they constitute advice of a legal, tax, accounting or other nature to any person. We therefore recommend that investors seek advice from their usual adviser before taking any action. Before investing, you should make yourself aware of the investment risks.
All investments involve risk. The price, value and income derived from investments may fluctuate in that values can go down as well as up and investors may get back less than originally invested. Past performance is not indicative of future results. Where an investment is denominated in a foreign currency, changes in rates of exchange may have an adverse effect on the value, price or income of the investment. Reference to taxation or the impact of taxation does not constitute tax advice. The rules on and bases of taxation can change. The value of any tax reliefs will depend on individual circumstances. You should consult your tax adviser in order to understand the impact of investment decisions on your tax position.
The value of investments may fall as well as rise and the income from investments may fluctuate and is not guaranteed. Clients may not recover the amount invested. The investments mentioned on this Website or Desktop App (Benjii) are not suitable for all types of investors. Investment advice should always be sought from a qualified investment adviser before any investment is made.
Content posted on the Service is published as of its stated date or, if no date is stated, the date of first posting. Neither Pocket Broker nor the Third-Party Providers have undertaken any duty to update any such information. Pocket Broker does not prepare, edit, or endorse Third Party Content. Pocket Broker does not guarantee the accuracy, timeliness, completeness or usefulness of Third Party Content, and is not responsible or liable for any content, advertising, products, or other materials on or available from third party Site or Desktop App (Benjii).
You will not hold Pocket Broker and/or any Third-Party Provider liable in any way for (a) any inaccuracy of, error or delay in, or omission of the Content; or (b) any loss or damage arising from or occasioned by i) any error or delay in the transmission of such Content; ii) interruption in any such Content due either to any negligent act or omission by any party to any “force majeure” (e.g., flood, extraordinary weather conditions, earthquake or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications or power failure, equipment or software malfunction), or iii) to any other cause beyond the reasonable control of Pocket Broker and/or Third-Party Provider, or iv) non-performance.
Any price quotes may be delayed 20 minutes or longer, according to the rules and regulations applicable to exchanges and Third Party Providers. Neither Pocket Broker nor the Third-Party Providers make any representations, warranties or other guarantees as to the accuracy or timeliness of any price quotes. Neither Pocket Broker nor the Third-Party Providers make any representations, warranties or other guarantees as to the present or future value or suitability of any sale, trade or other transaction involving any particular security or any other investment.
CHANGES TO WEBSITE OR DESKTOP APP (BENJII)
The format and content of this Website or Desktop App (Benjii) may be changed at any time without notice. The operation of this Website or Desktop App (Benjii) may also be suspended or discontinued for support or maintenance work, in order to update its content or for any other reason and without notice. Access may be terminated either in relation to specific users or generally at any time and without notice.
Content is provided exclusively for personal and noncommercial access and use. No part of the Service or Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, web Site or Desktop App (Benjii) or other medium for publication or distribution or for any commercial enterprise, without Pocket Broker’s express prior written consent. You acknowledge that Pocket Broker is the sole owner of Pocket Broker Marks and that other Marks are the property of their respective owners. You agree that you will not use any Marks for any purpose without the prior express written consent of the respective owners. All information provided or contained in this Web Site or Desktop App (Benjii) and our Desktop App (Benjii) are the property of Pocker Broker, LLC and should not be reproduced, copied, redistributed, transferred, or sold without the prior written consent Pocket Broker, LLC. All rights reserved. You may only use the data and information retrieved from this Site or Desktop App (Benjii) for your own and non-commercial use. Copying and distribution of any of the contents of this Site or Desktop App (Benjii) is strictly forbidden.
You agree that, without notice, Pocket Broker may terminate these Terms and Conditions, or suspend your access to the Service or the Content, with or without cause at any time and effective immediately. These Terms and Conditions will terminate immediately without notice from Pocket Broker if you, in Pocket Broker’s sole discretion, fail to comply with any provision of these Terms and Conditions. Pocket Broker shall not be liable to you or any third party for the termination or suspension of the Service or the Content, or any claims related to such termination or suspension. Pocket Broker and/or the Third-Party Providers may discontinue or modify the Content, or any portion thereof, at any time. You release and agree to indemnify and hold harmless Pocket Broker, and the Third-Party Providers, for any loss or damages arising from or relating to such discontinuation or modification.
By using the Service or the Content, you consent to any form of recording and retention of any communication, information and data exchanged between you and Pocket Broker or its representatives or agents. All communications made at or through the Forums are public. Neither Pocket Broker nor the Third-Party Providers screen, review, approve or endorse any Third Party Content available on or through the Forums. Reliance on any Third Party Content available on or through the Forums is at your own risk. When discussing a particular company, stock or security in the Forums, you agree to reveal any ownership interest in such company, stock or security. Without limitation, you agree not to do any of the following:
a) upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy (including, but not limited to, any address, email, phone number, or any other contact information without the written consent of the owner of such information), hateful, or racially, ethnically or otherwise objectionable; b) harm minors in any way; c) impersonate any person or entity, including, but not limited to, (i) a Pocket Broker or Third-Party Provider manager, employee, agent, or representative or (ii) forum leader, guide or host; d) falsely state or otherwise misrepresent your affiliation with any person or entity; e) forge headers or otherwise manipulate identifiers in order to disguise the origin of any material; f) upload, post or otherwise transmit any material that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); g) upload, post or otherwise transmit any material that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party; h) upload, post, or transmit unsolicited commercial email or “SPAM,” including, but not limited to, unethical marketing, advertising, or any other practice that is in any way connected with SPAM, such as: (1) sending mass email to recipients who haven't requested email from you or with a fake return address; (2) promoting a Site or Desktop App (Benjii) with inappropriate links, titles, or descriptions; or (3) promoting any Site or Desktop App (Benjii) by posting multiple submissions in forums that are identical; i) upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; j) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; k) intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, and any regulations having the force of law; l) “stalk” or otherwise harass another; m) collect or store personal data about other users of the Service; n) promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty; o) promote, offer for sale or sell any security or item, good or service that i) violates any applicable federal, state, or local law or regulation, ii) you do not have full power and authority under all relevant laws and regulations to offer and sell, including all necessary licenses and authorizations, or iii) Pocket Broker or the Third-Party Providers determine, in their sole discretion, is inappropriate for sale; p) use the Forums as a forwarding service to another Website or Desktop App (Benjii); or q) access or otherwise use the Forums in any unlawful manner, for any unlawful purpose or in violation of these Terms and Conditions.
Pocket Broker and/or the Third-Party Providers may provide links to other Website or Desktop App (Benjii) or resources. Because neither Pocket Broker or the Third-Party Providers have any control over such Site or Desktop App (Benjii) and resources, you acknowledge and agree that neither Pocket Broker nor the Third Party Providers are responsible for the availability of such external Site or Desktop App (Benjii) or resources. Pocket Broker and the Third Party Providers do not endorse and are not liable for any content, advertising, products, or other materials on or available through such Site or Desktop App (Benjii) or resources. You further acknowledge and agree that neither Pocket Broker nor the Third Party Providers shall be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such Site or Desktop App (Benjii) or resource.
Pocket Broker, LLC does not collect personal information about individual users except when such individuals specifically provide such information on a voluntary basis. If you communicate with us by e-mail you are voluntarily providing us with your e-mail address, and if you fill out an enquiry form or a 'register of interest' form you are voluntarily providing us with the information you enter. We will only use this information to communicate with you. Personally identifiable information on individual users will not be given, sold or otherwise transferred to unaffiliated third parties, without the approval of the user at the time of collection.
• 'Session based' cookie. This is essential for parts of the Website or Desktop App (Benjii) to operate and has already been set. It is used to maintain the state of a user's actions so as not to constantly request the same information from them within a 'session'.
• 'Remember me' cookie. This is a permanent cookie which can remember who you are once you have logged into the Website or Desktop App (Benjii) so you are not asked to log in again for future visits. You will be asked for your consent before agreeing to the use of this function.
• 'Analytics' cookie. This is used to collect information about how you use our Site or Desktop App (Benjii), such as where you have come to the Site or Desktop App (Benjii) from and which Website or Desktop App (Benjii) pages you have viSite or Desktop App (Benjii). We use the information to help us improve the Website or Desktop App (Benjii).
You are prohibited from:
(a) using this Site or Desktop App (Benjii) in any manner that could damage or overburden any Pocket Broker server, or any network connected to any Pocket Broker server, as all servers have limited capacity and are used by many people; (b) using this Site or Desktop App (Benjii) in any manner that would interfere with another party's use of the Site or Desktop App (Benjii); (c) including the term "Pocket Broker" or any Pocket Broker trademark or executive's name or any variation of the foregoing, as a meta-tag, hidden textual element; (d) using any robot, spider, intelligent agent, other automatic device or manual process to search, monitor or copy this Site or Desktop App (Benjii) or the reports, data, information, content, software, products, services or other materials on, generated by or obtained from the Site or Desktop App (Benjii), whether through links or otherwise (collectively "Devices") without Pocket Broker's permission, provided that generally available third party web browsers may be used without such permission; or (e) using this Site or Desktop App (Benjii) or the Devices in any manner that could create an impression of affiliation, sponsorship or endorsement by Pocket Broker or any member of the Pocket Broker Group.
All right, title and interest in the Site or Desktop App (Benjii) is the exclusive property of Pocket Broker Holdings, Inc. except as otherwise stated.
Any unauthorized use of the trademarks, service marks, trade names, brand features and logos displayed on this Site or Desktop App (Benjii) may violate copyright, trademark or other intellectual property laws, and the laws of privacy and publicity and communications. If you download any information from this Site or Desktop App (Benjii), you agree that you will not copy it or remove or obscure any copyright or other notices or legends contained in any such information.
Additionally, you may not offer any part of the contents of the Site or Desktop App (Benjii) for sale or distribute such part over any medium, including, but not limited to, distribution by television or radio broadcast, or distribution on a computer network. You may not make any part of the Site or Desktop App (Benjii) available as part of another Website or Desktop App (Benjii), whether by scraping, robotic or web-bot access, hyperlink framing on the Internet or otherwise. The Site or Desktop App (Benjii) and the information, commentary and materials contained therein may not be used to construct a database of any kind. You shall not store the Site or Desktop App (Benjii) (in its entirety or in any part) in databases for access by you or any third party or distribute any database Site or Desktop App (Benjii)s containing all or part of the Site or Desktop App (Benjii).
You will indemnify and hold harmless Pocket Broker and the Third Party Providers, and the officers, directors, agents, partners, employees, licensors, distributors, and representatives of Pocket Broker and the Third Party Providers, from and against any and all claims, demands, actions, causes of action, suits, proceedings, losses, damages, costs, and expenses, including reasonable attorneys' fees, arising from or relating to your access and/or use of, or interaction with the Content (including, without limitation, Third Party Content), or any act, error, or omission of your use of your account or any user of your account, in connection therewith, including, but not limited to, matters relating to incorrect, incomplete, or misleading information; libel; invasion of privacy; infringement of a copyright, trade name, trademark, service mark, or other intellectual property; any defective product or any injury or damage to person or property caused by any products sold or otherwise distributed through or in connection with the Service; or violation of any applicable law.
Pocket Broker may at any time revise these Terms and Conditions by updating this document. You agree to be bound by subsequent revisions and agree to review these Terms and Conditions periodically for changes. The most updated version of this document will be available for your review under the “Pocket Broker Terms and Conditions” link that appears on the Pocket Broker Website or Desktop App (Benjii).
APPLICABLE LAW AND VENUE; SEVERABILITY
The information and services available on or through this Site or Desktop App (Benjii) are not intended to be published or made available to any person in any jurisdiction where doing so would result in contravention of applicable laws or regulations. Accordingly, if it is prohibited to make such information or services available in your jurisdiction or to you (by reason of your nationality, residence or otherwise) it is not directed at you. Before proceeding, users of this Site or Desktop App (Benjii) must satisfy themselves that the laws of their own country allow them to access the information and services on this Site or Desktop App (Benjii). By proceeding to review and use this Site or Desktop App (Benjii) you will be confirming that you have done so.
This Website, affiliated Desktop App (Benjii), and the information contained in this Website and Desktop App (Benjii) is copyright property of Pocket Broker, LLC. All rights reserved.
Please read the above Terms and Conditions carefully before using our services.
By using our Website or Desktop App (Benjii), you signify your agreement to these Terms and Conditions. If you do not agree to these Terms and Conditions, you must not use these services. Pocket Broker, LLC may modify these Terms and Conditions at any time and without notice. Please read carefully before using / downloading / subscribing to our desktop app Benjii, and we know you’ll enjoy!