Disclaimer and Privacy Notice

Disclaimer Risk Disclosure 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 of actual trading. For example, the ability to withstand losses or to adhere to 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 market 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 which can adversely affect trading results. GENERAL Swing Trading Academy (“Company”) provided an educational service for individuals and entities (“Customers”) who have previously made an independent decision to engage in electronic trading. Neither the company nor its managers or employees are acting in the position of an investment advisor, investment manager, or commodities trading advisor (CTA), nor does the company, its managers, or employees recommend customers engage in electronic trading. It should not be assumed that the methods, techniques, or indicators presented in the company’s products or serviced will be profitable, or that they will not result in losses. Past results of any individual trader or trading methos provided by the company are not indicative of future returns by that trader or method and are not indicative of future returns that may be realized by you. In addition, the indicators, strategies, articles, and other features of the company’s products (collectively, the “information”) are provided for information and educational purposes only. Such set-ups are not solicitations of any order to buy or sell. Accordingly, you should not rely solely on the information in making any trade or investment. Rather you should use the information only as a starting point for doing additional independent research to allow you to form your own opinion regarding trades or investments. To the extent that the company or its instructor narrate to actual trades made, such narration is intended for demonstration only and is not a recommendation for the customer to purchase or sell similarly. COMMODITIES AND FUTURES The risk of loss in trading commodities can be substantial. You should therefore carefully consider whether such trading is suitable for you in light of your financial condition. In considering whether to trade or to authorize someone else to trade for you, you should be aware of the following: (1) If you purchase a commodity option, you mas sustain a total loss of the premium and or all transactional costs. (2) If you purchase or sell a commodity future or sell a commodity option, you may sustain a total loss of the initial margin funds and any additional funds that you deposit wit hour broker to establish or maintain you position. If the market moves against you r position, you may be called upon by your broker to deposit a substantial amount of additional margin funds, on short notice, in order to maintain your position. If you do not provide the required funds within the prescribed time, you position may be liquidated at a loss, and you will be liable for any resulting deficit in your account. (3) Under certain market conditions, you may find it difficult or impossible to liquidate a position. This can occur, for example, when the market makes a limit move. (4) The Placement of contingent orders by you or your trading advisor such as “stop-loss” or “stop-Limit” order, will not necessarily limit your losses to the intended amounts, since market conditions may make it impossible to execute such orders. (5) A “spread” position may not be less risky than a simple “long” or “short” position. (6) The high degree of leverage that is often obtainable in commodity trading can work against you as well as for you. The use of leverage can lead to large losses as well as gains. In some cases, managed commodity accounts are subjective to substantial charges for management and advisory fees. It may be necessary for those accounts that are subject to these charges to make substantial trading profits to avoid depletion or exhaustion of their assets. This brief statement cannot disclose all the risks and other significant aspect of the commodity markets. You should therefore carefully study commodity trading before you trade. Transactions on markets located outside of the United States, including markets formally linked to a United States market may be subject to regulations which offer different or diminished protection. Further, United States regulatory authorities may be unable to compel the enforcement of the rule so regulatory authorities or markets in non-United States jurisdictions where your transactions may be affected. Before you trade you should inquire about any rules relevant to your contemplated transactions and ask the firm with which you intend to trade for details about the types of redress available in both of your local and other relevant jurisdictions. 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 of actual trading. For example, the ability to withstand losses or to adhere to 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 market 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 which can adversely affect trading results. DAY TRADING The risk of loss in electronic trading can be substantial. By signing this agreement, customer acknowledges that he assumes all risks and liabilities related to this type of investing. Customer should be aware. That day trading can be extremely risky. Customer should be prepared to lose all of the funds that they use for day trading. They should not fund their day trading activities with retirement savings, student loans, second mortgages, emergency funds, funds set aside for purposes such as education or home ownership or fund required for current income. That customer should be cautious of claims of large profits from day trading. Customer needs to be wary of advertisements or other statements that emphasize the potential for large profits in day trading. Day trading can also lead to large and immediate financial losses. That day trading requires knowledge of securities & futures markets. Day trading requires in-depth knowledge of the securities and futures markets and trading techniques and strategies. In attempting to profit through day trading, an investor must compete with professional, licensed traders employed by securities and futures firms. An investor should have appropriate experience before engaging in day trading. That day trading requires knowledge of a firm’s operations. An investor should be familiar with a securities firm’s business practices, including the operation of the firm’s order execution systems, procedures, and should confirm that a firm has adequate systems capacity to permit customers to engage in day trading activities. That day trading may result in large commissions. Day trading may require an investor to trade his or her account aggressively and pay commissions on each trade. The total daily commissions that they pay on trades may add to losses or significantly reduce earnings. That day trading on margin or short selling may result in losses beyond the initial investment. When customers day trade with funds borrowed from the firm or someone else, they can lose more than the funds originally placed at risk. A decline in the value of the securities in an investors account. Short selling as part of day trading strategy also may lead to extraordinary losses, because stock may have to be purchased at a very high price in order to cover a short position. PRIVACY NOTICE Protecting Your Confidential Information We, at Swing Trading Academy (“Swing Trading Academy”), value or relationship with each of our customers, and we appreciate the trust that you have placed in us. We recognize that you have concerns about the confidential personal information we obtain about you throughout, our relationship. Because protecting your confidentiality is important to us, we have adopted a privacy policy which governs how the confidential information we obtain about you is used and maintained. We pledge to protect that information and ensure that it remains private. The information in this notice summarizes the categories of personal information that we collect about you, how that information is handled, and how we protect that information. We do not disclose any nonpublic personal information about our customers to anyone, except as required or permitted by low. Swing Trading Academy does not sell personal information obtained about you to companies that are not associated with Swing Trading Academy for the purpose of marketing their products or services to you. Collection and Use of Personal Information The privacy policy set forth in this notice applies to Swing Trading Academy and affiliated companies of Swing Trading Academy. We collect nonpublic personal information about you from the following sources, solely for the purposes specified: • Information we receive from you on account applications or other forms such as name, address, federal tax identification number, income, assets, and similar information. We use this information to administrate the accounts we maintain on your behalf, process transaction requested by you, respond to your inquires, evaluate your investment needs, and identify other products and services that may interest you. • Information about your transactions with us or our affiliates, such as your account balance history and payment activity. This information is used to process transaction you request and ensure the accuracy of the records and reports we maintain that relate to your account. We may also collect various other types of data, such as transaction, site navigation and optional survey information, in connection with your use of online services we make available to you, either directly or though our entities. We us this information in order to improve the quality of the services we offer you. • Information we receive from consumer reporting agencies, such as credit relationships and credit history. We use this information to help determine your eligibility for Swing Trading Academy products and services, collect or report debts owes to us, and protect our rights and property. Sharing of information with Swing Trading Academy The information we collect relating to your transaction and experience with Swing Trading Academy or any affiliate may be shared among Swing Trading Academy affiliates. We may also share some or all of the information we receive about you from consumer reporting agencies, such as credit information. Sharing Information outside Swing Trading Academy As permitted by law, we may disclose some or all of the information described above with entities that are not affiliated with Swing Trading Academy for the purpose of servicing your Swing Trading Academy accounts, improving our services providing products and services you’ve requested from Swing Trading Academy, and informing you about products or services available from Swing Trading Academy that may be of interest to you. Such companies include: • Companies that are the source of origin of financial services offered by Swing Trading Academy, such as banks, securities broker-dealers, mutual fund companies and insurance company, and futures clearing firms or exchanges • Nonfinancial companies, such as companies that perform services on our behalf, e.g., check printers, quote vendors, companies that prepare account statements for us, companies that assist us in communicating or marketing our services. • Others, such as independent contractors or technical system consultants who program our software, government agencies and regulators, consumer reporting agencies, and other outside entities as permitted or required by applicable laws All Swing Trading Academy employees are instructed to us strict standards of care regarding the confidentiality of your nonpublic information as outlined in firm polices are subject to disciplinary action. We require outside companies and independent contracts to whom we provide customer information for marketing, services or processing to enter into a confidentiality agreement that restricts the use of the information to those purposes. We maintain physical, electronic and procedural safeguards that comply with applicable laws to protect your nonpublic personal information. If you have any questions or comments about or privacy policy, please contact your Swing Trading Academy sales representative. You may also call Swing Trading Academy 612-770-0652 Swing Trading Academy Policies and Procedures 1. Access to customer records and information is restricted to persons with a “need to know” the information in connection with their representative duties 2. No customer records or information shall be disclosed outside the firm without the prior approval of an officer of the firm or a member of the compliance department. 3. Customer records and information that are kept in paper shall be segregated from other firm, records in specific file drawers. No copies shall be made without the prior approval of an officer of the firm or a member of the compliance department. 4. Customer records and information that are kept in electronic form shall not be copied without the prior approval of an officer of the firm or a member of compliance department. 5. If a customer opts out of disclosures in accordance with the firm’s privacy notice, a prominent entry will be made in that customers account files to reflect that the customer has opted out. IF the firm later intends to disclose nonpublic information about a customer, the officer or member of the compliance department who proposes to authorize the disclosure will check the file to determine whether the customer has opted out, and if so, will only allow disclosure consistent with the opt out.