Terms of Service
Terms of Service
Carefully review the entire website’s Terms of Service before agreeing to them. By viewing or using this website or any part of it, or subscribing to any available Persistent Equity products or services outlined on this website, you agree to all of the Terms of Service of this website, which together with our Risk Disclosure Statement, and Privacy Policy govern Persistent Equity’s relationship with you in relation to this website. You further agree and confirm that these Terms of Service serve as your End-User License Agreement.
Each time you use the website, the current version of the Terms and Service will apply.
The term Persistent Equity or “us” or “we” refers to the owner of the website. The term “you” refers to the user or viewer of this website or the user of Persistent Equity products or services.
The use of this website and access to our products and services is subject to the following terms:
PRODUCT
Upon request, Persistent Equity will grant you a license to access its “proprietary, semi-automated trading strategy” (“strategy”) through our preferred broker.
FEES
You acknowledge and agree that Persistent Equity will charge for the application of its strategy and that compensation will be in the form of a License Fee charged on a performance basis (also referred to as a “performance fee”) as outlined in the FAQ section of www.persistentequity.com.
GENERAL INFORMATION
Persistent Equity is not a broker-dealer, exchange, custodian, money manager, or counterparty.
Persistent Equity provides access to its strategy as a trading tool to be used at your sole discretion and risk. You are responsible for all trading instructions provided by the Persistent Equity strategy and applied to your trading account and for all trades executed in your trading account as a result of your subscribing to and connecting the Persistent Equity strategy to your trading account.
All performance claims found on Persistent Equity regarding our strategy must be regarded as hypothetical. Use of Persistent Equity to subscribe to our strategy indicates you agree to our Terms of Service. Before using any product or service listed on Persistent Equity, you should be aware that there is often a vast difference between hypothetical results and real-live trading results achievable in a real brokerage account, and real-live results are almost always vastly worse than hypothetical results. Performance results related to our strategy do not necessarily take into account all potential fees, spreads, and/or trading commissions that may be charged by the broker.
Trading is never without risk, and you are urged to carefully read and consider the following before utilizing any or all of our services:
(a) No aspect of the Site is intended to provide, or should be construed as providing, any investment, tax, or other financial related advice of any kind. You should not consider any content on the Site to be a substitute for professional financial advice. While individual users may offer investment advice or opinions and/or suggest trading ideas or settings which may be subsequently used by another user, such advice, opinions, ideas, or settings amount to nothing more than exchanges between persons who may be anonymous or unidentifiable or simply the execution of a trade by such users. Persistent Equity does not provide investment advice directly, indirectly, implicitly, or in any manner whatsoever by making such information and/or features available to you. You should use any information gathered from here and/or utilize the Persistent Equity features only as a starting point for your own independent research.
(b) The Site, Services, and Persistent Equity features are provided by Persistent Equity solely for informational purposes. Persistent Equity and/or any on its behalf, including its affiliates and their employees and agents, are not investment or financial advisers.
ANY INVESTMENT DECISIONS YOU MAY MAKE IN RELIANCE ON INFORMATION OR PRODUCTS OR SERVICES THAT ARE AVAILABLE ON OUR WEBSITE OR AS A RESULT OF THE USE OF THE PERSISTENT EQUITY STRATEGY, ARE AT YOUR OWN RISK, AND PERSISTENT EQUITY, AND ITS PARTNERS, AFFILIATES, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY LOSSES THAT YOU MAY SUSTAIN. YOU ARE SOLELY AND EXCLUSIVELY RESPONSIBLE FOR DETERMINING WHETHER ANY INVESTMENT, STRATEGY, OR ANY OTHER PRODUCT OR SERVICE IS APPROPRIATE OR SUITABLE FOR YOU BASED ON YOUR INVESTMENT OBJECTIVES AND PERSONAL AND FINANCIAL SITUATION.
(c) If you choose to use the Persistent Equity strategy and/or specific settings and/or to engage in transactions based on content on the Site, then such decisions and transactions and any consequences flowing therefrom are your sole responsibility.
(d) You may achieve materially different results than other Persistent Equity users, depending on the exact settings and strategies you choose to apply and your choice of how to use the Persistent Equity strategy as a tool in your trading.
(e) Fifo accounts are not supported.
(f) Any past performance indicated on this Site is not indicative of future results. Anyone engaged in trading in any markets should be able and prepared to bear a loss of his or her entire investment. You are fully responsible for any losses you may sustain as a result of the automatic execution of trades in your account by the utilization and application of the Persistent Equity strategy.
You must be 18 years of age or older to use the website. You represent and warrant that you are 18 years of age or older and are fully able and competent to enter into, and abide by, the contract created by the Terms of Service.
To the maximum extent permitted by applicable law, in no event shall Persistent Equity, its affiliates, or their respective officers, directors, shareholders, employees, and agents be liable for any damages, liability, claims, expenses, and costs incurred by you as a result of your use of the site, the information, or the Persistent Equity strategy.
IMPORTANT NOTE
Persistent Equity never directly accepts client deposits or investments. All deposits are wired directly to a registered broker where funds remain in the client’s own account, and under the client’s control. Under the client’s instruction to the broker, an Agency Agreement or Limited Power of Attorney (LPOA) is executed to allow the application of the Persistent Equity strategy in the client’s account. The client is able to monitor the trading account daily, remains in full control of all deposits and withdrawals, and is able to revoke the Agency Agreement or LPOA and unsubscribe from the Persistent Equity strategy at any time.
NOT INVESTMENT ADVICE
For the avoidance of doubt, Persistent Equity does not provide investment, tax, legal, or accounting advice, and you are solely responsible for determining whether any investment, trading strategy, or related transaction is appropriate for you based on your personal investment objectives, financial circumstances, and risk tolerance. Persistent Equity may provide educational information about Foreign Exchange trading to assist users in learning more about such markets. Information may include, but is not limited to, blog posts, articles, links to third-party content, news feeds, tutorials, and videos. The information provided on the Persistent Equity site or any such third-party sites does not constitute investment advice, financial advice, trading advice, or any other sort of advice, and you should not treat any of the website’s content as such.
Persistent Equity does not recommend that any foreign currency should be bought, earned, sold, or held by you. Persistent Equity will not be held responsible for the decisions you make to buy, sell, or trade foreign currencies based on the information, software, strategy or services provided by Persistent Equity.
Persistent Equity, nor our officers, principals, employees, or agents shall be liable to any person for any losses, damages, costs, or expenses (including, but not limited to, loss of profits, loss of use, direct, indirect, incidental, or consequential damages) resulting from any errors in the Persistent Equity strategy.
RISK DISCLOSURE STATEMENT:
HIGH-RISK WARNING. Trading in the financial markets carries a high level of risk that may not be suitable for all users. Leverage creates additional risk and loss exposure. Before you decide to trade the financial markets, carefully consider your investment objectives, experience level, and risk tolerance. No system or methodology has ever been developed that can guarantee profits or ensure freedom from losses. No representation or implication is being made that these products and services will generate profits or ensure freedom from losses.You could lose some or all of your initial investment; do not invest money that you cannot afford to lose. Educate yourself on the risks associated with trading, and seek advice from an independent financial or tax advisor if you have any questions. Any data and information is provided ‘as is’ solely for informational purposes and is not intended for trading purposes or advice. By using this website you agree to our full Terms of Service, Risk Disclosure Statement, Privacy Policy, and all other disclaimers.
PAST PERFORMANCE AND HYPOTHETICAL BACKTEST RESULTS ARE NOT NECESSARILY INDICATIVE OF FUTURE RESULTS. NO REPRESENTATION IS BEING MADE THAT ANY USER WILL OR IS LIKELY TO ACHIEVE PROFITS OR LOSSES SIMILAR TO THOSE SHOWN. THERE ARE NUMEROUS OTHER FACTORS RELATED TO THE MARKETS IN GENERAL OR TO THE IMPLEMENTATION OF ANY SPECIFIC TRADING SYSTEM OR STRATEGY WHICH CANNOT BE FULLY ACCOUNTED FOR BY PAST PERFORMANCE OR HYPOTHETICAL BACKTEST RESULTS. PROSPECTIVE CLIENTS SHOULD BE PARTICULARLY WARY OF PLACING UNDUE RELIANCE ON PAST PERFORMANCE OR HYPOTHETICAL BACKTEST RESULTS AND SHOULD NOT BASE THEIR DECISION OF USING ANY TRADING SYSTEM OR STRATEGY SOLELY ON THE PAST PERFORMANCE OR HYPOTHETICAL BACKTESTS PRESENTED. ADDITIONALLY, IN MAKING AN INVESTMENT DECISION, PROSPECTIVE CLIENTS MUST RELY SOLELY ON THEIR OWN EXAMINATION OF THE TRADING SYSTEM OR STRATEGY AND THE MERITS AND RISKS INVOLVED.
USE OF PERSISTENT EQUITY PRODUCTS AND SERVICES
Upon request full permission is granted to access the Persistent Equity strategy as outlined on our website and in the broker’s Trader’s Room portal.
SERVICE TERMINATION
You may terminate the services you are subscribed to at any time by unsubscribing from the Persistent Equity strategy through the broker’s Trader’s Room portal as outlined on our OPEN ACCOUNT page under Part B / Step 6 “Unsubscribe”
When using the website, you must comply with all applicable laws, any applicable foreign or domestic regulatory body, national or other securities exchanges.
Persistent Equity is not registered with the U.S. Securities and Exchange Commission and does not offer securities services in the United States or to U.S. persons or to any persons in any country.
In the event that any provision of these Terms and Conditions is held unenforceable, the validity or enforceability of the remaining provisions will not be affected, and the unenforceable provision will be replaced with an enforceable provision that comes closest to the intention underlying the unenforceable provision.
The services of Persistent Equity and information on our website are not aimed at residents of certain jurisdictions and are not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use may be contrary to any of the laws or regulations of that jurisdiction. The products and services described herein may not be available in all countries and jurisdictions. Those who access our website or services do so on their own initiative and are therefore responsible for compliance with applicable local laws and regulations. The release does not constitute any invitation or recruitment of business.
Persistent Equity does not provide its services to residents of certain jurisdictions including USA, Iran, North Korea, Syria, Afghanistan, Cuba, Crimea, and Sevastopol, Luhansk People’s Republic, and Donetsk People’s Republic. This list is not exhaustive.
Market Volatility:
PersistentEquity.com acknowledges the inherent volatility of financial markets, and clients should be aware that market conditions can change rapidly. Fluctuations in currency values and other financial instruments may result in significant gains or losses.
No Guarantee of Profit:
Clients should understand that there is no guarantee of profit, and past performance does not ensure future success. Investment outcomes are subject to various market factors, economic conditions, and unforeseen events that may impact financial markets.
Educational Content:
Any educational content provided by PersistentEquity.com is intended for informational purposes only. It should not be construed as financial advice, and clients are encouraged to conduct their own research and seek professional advice before making any financial decisions.
Leverage Risks:
Clients using leverage should be aware of the increased risk associated with amplified market exposure. While leverage can magnify potential profits, it also increases the risk of significant losses. Clients should carefully consider their risk tolerance before using leverage.
Technology Risks:
PersistentEquity.com is not responsible for any technical issues, disruptions, or delays that may occur in the trading platform or other online services. Clients should have contingency plans in place for such situations and understand the risks associated with technology failures.
Regulatory Changes:
Clients should be aware that changes in financial regulations or legal requirements in different jurisdictions may impact the availability or terms of the services provided by PersistentEquity.com. Clients are responsible for staying informed about relevant regulatory developments.
Force Majeure:
PersistentEquity.com is not liable for any failure or delay in the performance of its obligations resulting from events beyond its reasonable control, including but not limited to acts of God, natural disasters, wars, or other unforeseen circumstances.
Client’s Responsibilities:
Clients are responsible for ensuring the accuracy of information provided to PersistentEquity.com, including personal and financial details. Any inaccuracies may affect the execution of trades or other services.
Tax Implications:
Clients are advised to consult with tax professionals to understand the tax implications of their trading activities. Tax laws and regulations vary by jurisdiction, and clients are responsible for fulfilling their tax obligations.
Third-Party Links:
Links to third-party websites or resources are provided for convenience, and PersistentEquity.com is not responsible for the content or accuracy of external sites. Clients should exercise caution and review the terms of use and privacy policies of third-party websites.
