Wakker’s Financial Advisory Service, Inc. Service Agreement
This web site, “WakkerFinancial.com”, is owned and operated by Wakker’s Financial Advisory Service, Inc. and is offered to you conditioned on your acceptance without modification of the terms, conditions and notices contained herein. By accessing and using this web site, you are deemed to have agreed to all such terms, conditions, and notices. Wakker’s Financial Advisory Service, Inc. may change the terms and conditions of this Agreement at any time. A notification of such change(s), as well as the revised Agreement itself, will be posted on the web site. You will be responsible for regularly checking the “Wakker’s Financial Advisory Service, Inc. web site and for reviewing any changes to the Agreement. By using the web site after any such changes take place, you signify your acceptance of the change(s) and your agreement to be bound by them.
Grant of License
You are granted a user license for your own personal use. Wakker’s Financial Advisory Service, Inc, grants you a revocable, non-transferable, non-exclusive limited license to use those portions of the web site, to which you are granted access but only for your own personal, noncommercial use and not for any use on behalf of any third party. For absence of doubt, you may not use the web site to service, or otherwise perform work on behalf of, any brokerage, financial services or related person(s) or their clients. Use of the web site is intended only for citizens or residents of the United States or its territories.
User Password
If you register with the web site, you are required to select a password, which you may then modify at any time as often as you like. You may not select any password that violates any third party’s rights or is offensive, improper, or inappropriate. If Wakker’s Financial Advisory Service, Inc. determines in its sole discretion that any password you select is inappropriate for any reason, Wakker’s Financial Advisory Service, Inc. may delete that password and/or limit or terminate your access to the web site.
Your password is for your personal use only, and you agree to keep it secret and not to share it with anyone (except as expressly allowed under this User Agreement).
Wakker’s Financial Advisory Service, Inc. at it’s sole discretion will determine what company plans will be available on the web site.
By creating a password you accept the terms of this agreement.
Subscription and Service
At any time on or after six months from the subscription date, Wakker’s Financial Advisory Service, Inc., has the right to charge a fee for subscription upon 30 days’ notice delivered to your email address of record.
Third-Party Web Sites, Links, and Information
The Web Site may contain information, products, and services provided by third parties and links (including advertisements) to Web sites made available by third parties. This information and these products, services, and links are provided only as a convenience to users of this Web Site. Wakker’s Financial Advisory Service, Inc. does not control this information or these products, services, or Web sites, Wakker’s Financial Advisory Service, Inc. does not make any representations or warranties, express or implied, regarding this information or these products, services, or Web sites and shall not be liable for any information or services received from them. Inclusion of any of the foregoing in this web site does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with Wakker’s Financial Advisory Service, Inc. with respect to any third party, any third party’s web site or its content, or any information, products, or services provided by a third party.
General Disclosures
The information presented is provided for general information purposes only and should not be considered an individualized recommendation or advice.
This information may include forward-looking statements. All statements other than statements of historical fact are forward-looking statements (including words such as “believe,” “estimate,” “anticipate,” “may,” “will,” “should,” and “expect”). Although we believe that the expectations reflected in such forward-looking statements are reasonable, we can give no assurance that such expectations will prove to be correct. Various factors could cause actual results or performance to differ materially from those discussed in such forward-looking statements.”
“Historical performance is not indicative of future results. The investment return will fluctuate with market conditions.”
“Performance is not indicative of any specific investment or future results. Views regarding the economy, securities markets or other specialized areas, like all predictors of future events, cannot be guaranteed to be accurate and may result in economic loss to the investor. Investment in securities, of any type, involves the risk of loss.”
As general course of business, Wakker’s Financial Advisory Service, Inc. will not take in consideration any information other than the will of the markets as it is expressed. In sum, analysis of price movements and of the supply-demand relationships underlying them is a valid and indispensable element in the formulation of a “reasonable basis” for investment decision making. More directly, we do not consider or weight what any client may state as “their personal investment objective,” market prices just plain do not care, if they did, there would never be bear markets. In our view all investors have the common objective of being opportunists, accepting a businessman’s approach to investing, working to make a profit and manage risk.
A fact investors seldom consider is that every time a portfolio takes a loss, it must make a larger corresponding gain to break even.
As your retirement plan balances accumulate, the idea of dollar cost averaging may be less appealing to you.
FOUR-STEP INVESTMENT PROCESS
1. Only invest when you conclude that you have an investment advantage, or probability for profit.
2. Only invest in vehicles that are market leaders as determined by our dynamic ranking system. You should measure performance not only by return, but also by relative strength and volatility. For a vehicle to warrant your consideration, it must be performing well right now.
3. “Trade-up” to better investments when appropriate. There are none that go up forever. As a fund weakens or moves sideways, look for another fund that has increasing relative strength if the market environment remains constructive.
4. You can reduce exposure when risk is excessive. Many people have a “buy” strategy; you should also have a strategy to reduce exposure based on risk levels. Our indicators and models alert you to increases in market risk and trading strategies are designed to help you avoid serious losses.
Disclaimer of Warranties
THIS WEB SITE IS PROVIDED “AS IS” WITH ALL FAULTS.WAKKER’S FINANCIAL ADVISORY SERVICE, INC. DISCLAIM ALL WARRANTIES OF ANY KIND REGARDING THE WEB SITE, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OWNERSHIP, NONINFRINGEMENT, ACCURACY OF INFORMATIONAL CONTENT, AND ABSENCE OF VIRUSES AND DAMAGING OR DISABLING CODE.
WAKKER’S FINANCIAL ADVISORY SERVICE, INC. DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE WEB SITE NOR SHALL BE RESPONSIBLE FOR INVESTMENT DECISIONS, DAMAGES, OR OTHER LOSSES RESULTING FROM USE OF THIS WEB SITE
Limitation of Liability
WAKKER’S FINANCIAL ADVISORY SERVICE, INC. SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT, THE WEB SITE, OR THE USE OF, OR RELIANCE ON, THE WEB SITE, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EXCEPT TO THE EXTENT SUCH DAMAGES ARISE DIRECTLY FROM A WILLFUL BREACH BY MORNINGSTAR (OR THAT PERSON) OF ANY OF ITS EXPRESS OBLIGATIONS UNDER THIS AGREEMENT.
THE AGGREGATE LIABILITY OF WAKKER’S FINANCIAL ADVISORY SERVICE, INC. ARISING FROM OR RELATING TO THIS AGREEMENT, THE WEB SITE, AND THE USE OF, OR RELIANCE ON, THIS WEB SITE, WHETHER IN CONTRACT OR TORT OR OTHERWISE, SHALL BE LIMITED TO ACTUAL DIRECT DAMAGES THAT CAN BE FINALLY PROVED IN A COURT OF COMPETENT JURISDICTION IN AN AMOUNT NOT TO EXCEED THE SUBSCRIPTION FEES PAID BY SUBSCRIBERS FORTHE PRECEEDING YEAR.
WAKKER’S FINANCIAL ADVISORY SERVICE, INC. SHALL NOT BE LIABLE FOR ANY PUNITIVE, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATING TO THE FOREGOING, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EVEN IF WAKKER’S FINANCIAL ADVISORY SERVICE, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply in all cases.
Indemnification
You agree to indemnify, defend, and hold harmless Wakker’s Financial Advisory Service, Inc. from and against any and all claims, liabilities, losses, costs (including, but not limited to, reasonable attorneys’ fees), and/or damages of any kind arising from or relating to: (i) your use of the web site; (ii) your breach of this Agreement.
Governing Law and Jurisdiction
This Agreement is governed by and construed in accordance with the laws of the State of North Carolina, U.S.A., without giving effect to any choice-of-law or conflict-of-law provision or rule (whether of the State of North Carolina or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than that of the State of North Carolina. You hereby consent to, and agree to bring any and all claims in, the exclusive jurisdiction of the state and federal courts located in Wake County, North Carolina, U.S.A., for any action or proceeding arising under or relating to this Agreement, the web site, or the use of, or reliance on this web site, whether based in contract or tort or otherwise.
Entire Agreement
This Agreement shall constitute the entire agreement between you and Wakker’s Financial Advisory Service, Inc. regarding the subject matter hereof and shall supersede any and all prior negotiations, representations, warranties, undertakings, or agreements, written or oral, between the parties regarding such subject matter.
Cancellation
You may cancel your subscription at any time for any reason, and Wakker’s Financial Advisory Service, Inc. may cancel your subscription at any time for any reason by email and acknowledgement of receipt by Wakker’s Financial Advisory Service, Inc.