Ownership and Operating Authority: BetterSystemTrader.com is owned and operated solely by Swannytech Pty Ltd. Andrew Swanscott, as the primary author and editor of posts on BetterSystemTrader.com, is functioning exclusively under the authority of, and as a member of Swannytech Pty Ltd, not as an individual.

Limitation of Liability: UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL Andrew Swanscott AND/OR Swannytech Pty Ltd BE LIABLE TO YOU FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES EVEN IF Andrew Swanscott OR AN AUTHORIZED REPRESENTATIVE OF Swannytech Pty Ltd HAS BEEN ADVISED SPECIFICALLY OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM USE OF OR INABILITY TO USE THE INFORMATION, SERVICES, SPREADSHEETS, SOFTWARE, PRODUCTS, OR SUBSCRIPTIONS ON THIS SITE, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages. In no event shall Andrew Swanscott’s and Swannytech Pty Ltd’s total liability to you for all damages, losses, fees, costs, expenses, and causes of action (whether in contract or tort, including but not limited to negligence) exceed the annual amount paid by you, if any, for accessing this site.

Indemnification: As a user of this site and/or of any products, services, software, spreadsheets, or subscriptions offered herein, you agree, at your own expense, to indemnify, defend, and hold harmless Andrew Swanscott and Swannytech Pty Ltd, and its representatives, employees, owners, suppliers, and agents, against any claim, suit, action or other proceeding brought against Andrew Swanscott, Swannytech Pty Ltd, its representatives, employees, owners, suppliers, and/or agents based on or arising in connection with your use of this site or any of the products, services, spreadsheets, software, or subscriptions offered herein. You agree to pay any and all costs, damages, and expenses, including, but not limited to reasonable attorneys’ fees and costs awarded against or otherwise incurred by, or in connection with, or arising from any such claim, suit, action or proceeding attributable to any such claim.

Not a Registered Investment Adviser: Andrew Swanscott and Swannytech Pty Ltd are not registered as investment advisers with the SEC, ASIC or with any state securities agency. Instead, Andrew Swanscott and Swannytech Pty Ltd rely on the “publisher’s exclusion” from the definition of “investment adviser” as provided under Section 202(a)(11) of the Investment Adviser Act of 1940 and corresponding state securities laws. The site content and products, software, spreadsheets, subscriptions, and services offered thereon are general and regular publications offering wide-ranging investment-related information to users and are not tailored to the specific investment needs of any individual user. Investment information is provided without consideration of the financial sophistication, financial situation, investment horizon, or risk tolerance of individual users of this site. All users are expected to consult with their own independent financial advisers and perform their own due diligence research before making any trade or investment decisions.

Information and Opinions: Information on this site is provided solely for informational or general educational purposes and should not be construed as an offer to sell or the solicitation of an offer to buy securities or to provide investment advice. The opinions and analysis included herein are based on sources believed to be reliable, but no representation or warranty, express or implied is made as to their accuracy, completeness, timeliness, or correctness. All investment information contained herein should be verified independently. Andrew Swanscott may have long or short positions in the securities discussed on this site. He may buy or sell the securities discussed for purposes of investment or trading without disclosing such trades to users of this site.

Results: Past performance is not necessarily indicative of future results. Investment information may not be appropriate for all investors.

CFTC RULE 4.41 – 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.

U.S. Government Required Disclaimer – Commodity Futures Trading Commission states: Futures and Options trading has large potential rewards, but also large potential risk. 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 is neither a solicitation nor an offer to Buy/Sell futures, stocks or options on the same. No representation is being made that any account will or is likely to achieve profits or losses similar to those discussed in this document. The past performance of any trading system or methodology is not necessarily indicative of future results.

Risk: The risk of loss in the trading of stocks, ETFs, options, futures, FOREX, foreign equities, and bonds can be substantial. Trading these instruments may not be suitable for all investors. Strategies discussed on this site should be considered speculative and contain a high degree of volatility and risk.

Advertising: The appearance of advertisements on this site in no way constitutes an endorsement of the products advertised. Neither Andrew Swanscott nor Swannytech Pty Ltd approves of or endorses any of the products or services that appear in advertisements on this website unless otherwise stated.

Third Party Vendors: Andrew Swanscott and Swannytech Pty Ltd may mention the products or services of third party vendors on this site. If Andrew Swanscott and/or Swannytech Pty Ltd are compensated directly by such third party vendors, this relationship will be disclosed on this site. Even if specific products or services are mentioned, that does not constitute an endorsement of these products or services. It is your responsibility to evaluate the suitability and credibility of such products and services.

Proprietary Information: Andrew Swanscott has developed and programmed numerous proprietary indicators, models, strategies, algorithms, and filters with custom parameters. Occasionally, some of these tools may be discussed in general terms or displayed graphically on this site. However, source code, formulas, and specific parameter values may not be disclosed. In addition, access to these proprietary tools will not be provided on a regular basis, unless offered as premium content.

Copyright: This site contains proprietary and original information that is owned by Swannytech Pty Ltd – All Rights Reserved. However, you may share links to public sections of this site via email, social networks, and other electronic channels – and you are encouraged to do so.

Premium Content: Some information on this site may be provided exclusively to subscribers who pay a fee for such content and are provided a unique password to access this material. In that event, you may print a copy of the premium content for your own use only, but you may not reproduce or distribute the premium material verbally or in writing to non-subscribers. In addition, you may not substantially copy the premium information electronically, or provide your password to others. Violation of these terms will void your subscription and terminate your right to access any premium content on the site.

Legal: In the event of disagreements between the parties, all parties agree to submit to binding arbitration. This agreement shall be governed in accordance with the laws of the State of Victoria, Australia and the parties agree that the jurisdiction and sole venue to resolve any disagreements shall be in Melbourne, Victoria. The intellectual property rights, limitation of liability, indemnification, and confidentiality provisions shall survive expiration or termination of subscriptions, services, product offerings, or agreements by either party.