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Risk warning and liability – Information pursuant to Section 34b (1) WpHG in conjunction with FinAnV (Germany) and pursuant to Section 48f (5) BörseG (Austria) and the Federal Act on Financial Services, FIDLEG (Switzerland)
10Scale GmbH is the operator of the OptionEarner.com website.
10Scale GmbH offers and distributes seminars and digital content/products via the website www.optionearner.com, which are sent to you by e-mail and/or as PDF files (electronic texts). Special conditions apply for this, to which we expressly refer:
10Scale GmbH is a company that is independent of third parties. It stands for independence from financial institutions, investors, companies, consultants and vested interests. The content of the publications is produced exclusively by 10Scale GmbH.
10Scale GmbH is not an investment services company within the meaning of the WpHG (Germany) or the BörseG (Austria), not a financial services company subject to the FIDLEG (Switzerland) and not a financial company within the meaning of § 1 para. 3 no. 6 KWG. All publications of 10Scale GmbH (hereinafter also including all publications distributed on the website http://www.optionearner.com and all sub-websites) are expressly neither financial analyses nor are they to be equated with a professional financial analysis.
The information provided by 10Scale GmbH, in particular the financial analyses, technical analyses and ranking data published on the website or transmitted in any other way, is provided for information purposes only. 10Scale GmbH makes no offers, provides no advice and makes no recommendations to buy or sell specific shares, options or share indices or to conclude a transaction or any other type of offer, advice or recommendation. The information provided merely reflects the opinion of the respective author. All investment decisions are made by users themselves based on their personal interpretation of the information available. The responsibility for all investment decisions and their consequences lies solely with the user.
Every investment in securities mentioned in publications of 10Scale GmbH involves risks that can lead to the total loss of the capital invested and – depending on the type of investment – even to additional obligations, e.g. additional funding obligations. In general, buy and sell orders should always be limited for your own protection. This applies in particular to options, securities and small and micro-cap stocks covered in all 10Scale GmbH publications, which are suitable exclusively for speculative and risk-conscious investors, but also to all other securities. All stock market participants always trade at their own risk.
The information provided in all publications of 10Scale GmbH does not replace expert investment advice tailored to individual needs. Despite careful research, neither the respective author nor 10Scale GmbH assumes any guarantee or liability for the topicality, correctness, errors, accuracy, completeness, appropriateness or quality of the information provided. Some of the data is provided by third parties and may be delayed by us or our data suppliers. 10Scale GmbH does not check all data and assumes no obligation to do so. No liability, express or implied, is assumed by 10Scale GmbH or the respective author for any financial loss resulting from investments in securities for which information has been provided in any 10Scale GmbH publication, including (1) the accuracy, adequacy or completeness of the data and (2) any errors, omissions or other deficiencies, delays or interruptions in such data or for any actions that may result therefrom.
Neither 10Scale GmbH nor any of our information providers shall be liable for any damages arising in connection with the use of the information provided. “Business Partner” is not a designation of an agency, partnership or joint venture between 10Scale GmbH and one or more of these parties. By using the information, users and customers agree not to copy, modify, reformat, download, store, reproduce, prepare derivative works of, transmit or distribute the information or use the information in any commercial manner without the prior written consent of 10Scale GmbH.
All securities, including shares, have risks
Any investment in securities is subject to risks. Political, economic or other changes can lead to considerable price losses, in the extreme and worst case even to the total loss of the capital invested and – depending on the type of investment – even to additional obligations, e.g. additional funding obligations. Investments in (foreign) second-line stocks and small and micro-caps in particular are associated with an above-average level of risk. This market segment is characterized by particularly high volatility and entails the risk of a total loss of the invested capital and – depending on the type of investment – additional obligations, e.g. additional funding obligations. Furthermore, small- and micro-caps are often extremely tight in the market, which is why every order should be strictly limited and should be traded on the respective home stock exchange due to the often better price position.
An investment in securities with low liquidity and low market capitalization is therefore highly speculative and represents a very high risk, in the extreme and worst case even up to the total loss of the capital invested and – depending on the type of investment – even up to additional obligations, e.g. additional funding obligations. Investments in the shares and products presented in all publications of 10Scale GmbH also involve currency risks in some cases. Particularly in the case of small and micro-cap stocks and low-capitalization stocks, as well as derivatives and leverage products, the proportion of individual stocks in the portfolio should only be sufficient to ensure that the portfolio can only lose a marginal amount of value even in the event of a total loss.
All publications of 10Scale GmbH are for information purposes only. All information and data in all publications of 10Scale GmbH originate from sources that 10Scale GmbH and the respective authors consider to be reliable and trustworthy at the time of preparation. 10Scale GmbH and all persons employed or commissioned by it to prepare all published content have taken the greatest possible care to ensure that the data and facts used and on which they are based are complete and accurate and that the estimates and forecasts used are realistic. Therefore, liability for financial losses that may result from the use of the information for one’s own investment decision is categorically excluded.
All information published in 10Scale GmbH publications merely reflects the opinion of the respective authors or third parties at the time of publication. Neither 10Scale GmbH nor the respective authors can therefore be held liable for any resulting financial losses. All information is provided without guarantee. However, both 10Scale GmbH and the respective authors assure that they only use sources that both 10Scale GmbH and the respective authors consider to be reliable and trustworthy at the time of publication.
Although the evaluations and statements contained in all publications of 10Scale GmbH have been prepared with reasonable care, neither 10Scale GmbH nor the respective authors assume any responsibility or liability for the topicality, correctness, errors, accuracy, completeness, appropriateness or quality of the facts presented, for omissions or for false statements. This also applies to all representations, figures, plans and assessments made in interviews or videos as well as all other statements.
10Scale GmbH and the respective authors have no obligation to update the information. 10Scale GmbH and the respective authors explicitly point out that changes in the data and facts used as a basis or in the estimates used may have an influence on the forecast price development or on the overall assessment of the security discussed. The statements and opinions of 10Scale GmbH by the respective author do not constitute a recommendation to buy or sell a security.
Neither the subscription nor the use of any publication of 10Scale GmbH, nor any recommendations or opinions expressed therein, shall constitute an investment advisory or investment brokerage agreement between 10Scale GmbH or the respective author and the subscriber of this publication.
Investments in securities with low trading liquidity and low market capitalization are highly speculative and represent a very high risk. Due to the speculative nature of the companies presented, their securities or other financial products, it is quite possible that investments may result in a reduction in capital or even a total loss and – depending on the type of investment – even in additional obligations, e.g. additional funding obligations.
Any investment in options, warrants, leverage certificates or other financial products is subject to extremely high risks. Political, economic or other changes can lead to considerable price losses, in the worst case to the total loss of the capital invested or –
depending on the type of investment – even to additional obligations, e.g. additional funding obligations. Any liability claim, including for foreign stock recommendations, derivatives and fund recommendations, is therefore fundamentally excluded by 10Scale GmbH and the
respective authors.
No investment advice
No advisory contract is concluded between the reader or subscriber and the authors or 10Scale GmbH through the subscription of a publication of 10Scale GmbH, as all information contained therein relates only to the respective company and not to the
investment decision. Publications of 10Scale GmbH do not constitute, directly or indirectly, an offer to buy or sell the security(ies) in question or a solicitation to buy or sell securities in general. An investment decision regarding any security may not be made on the basis of any publications of 10Scale GmbH.
Publications of 10Scale GmbH may not – not even partially – serve as a basis for a binding contract of any kind whatsoever or be relied upon in such a context. 10Scale GmbH is not responsible for any consequences, especially for losses, which may result from the use or non-use of the opinions and conclusions contained in the publications. 10Scale GmbH or the respective authors do not guarantee that expected profits or stated price targets will be achieved.
Readers are urged to verify all claims for themselves. An investment in the sometimes highly speculative stocks and financial products presented by 10Scale GmbH or the respective authors should not be made without first reading the company’s most recent balance sheets and asset reports filed with the Securities and Exchange Commission (SEC) at www.sec.gov or other regulatory authorities and performing other company assessments.
Neither 10Scale GmbH nor the respective authors provide any guarantee that the expected profit or the stated price targets will be achieved. Neither 10Scale GmbH nor the respective authors are professional investment advisors. The reader should therefore urgently seek further advice before making any investment decision (e.g. from their bank or a trusted advisor). In order to mitigate risks, investors should always diversify their assets.
In addition, 10Scale GmbH welcomes and supports the journalistic principles of conduct and recommendations of the German Press Council on economic and financial market reporting and will ensure that these are observed by employees, authors and editors as part of its supervisory duties. Information pursuant to §34b para. 1 WpHG in conjunction with FinAnV (Germany) and pursuant to § 48f para. 5 BörseG (Austria) and Art. 620 to 771 Obligatorenrecht (Switzerland).
Possible conflicts of interest
10Scale GmbH and the respective authors of all publications of 10Scale GmbH may have been commissioned and remunerated by the respective companies or affiliated third parties for the preparation, electronic distribution and publication of the respective publication as well as for other services. This may give rise to a conflict of interest.
10Scale GmbH and the respective authors of all publications (including mails, weekly reports, special reports, etc.) of 10Scale GmbH may at any time hold long or short positions in the described securities and options, futures and other derivatives based on these securities. Furthermore, 10Scale GmbH and the respective authors of all publications of 10Scale GmbH reserve the right to buy or sell securities and options, futures and other derivatives based on these securities at any time. This creates the possibility of a conflict of interest.
Individual statements on financial instruments made by publications of 10Scale GmbH and the respective authors in the context of the charts offered therein are generally not trading recommendations and cannot be equated with a financial analysis. The prices/prices of the financial instruments discussed in the respective publications are, unless explained in more detail, daily closing prices of the previous trading day or more recent prices prior to the respective publication.
It cannot be ruled out that the interviews and assessments published in all 10Scale GmbH publications have been commissioned and paid for by the respective companies or associated third parties. 10Scale GmbH and the respective authors are sometimes paid directly or indirectly for the preparation and electronic distribution of the publications and for other services by the companies or associated third parties discussed.
Forward-looking information
Information and statements in all publications of 10Scale GmbH, in particular in (translated) press releases, which are not historical facts, are so-called “forward-looking information” within the meaning of the applicable securities laws. It contains risks and uncertainties, but is not limited to current expectations of the respective company, the respective share or the respective security, intentions, plans and opinions. Forward-looking information may often contain words such as “expect”, “believe”, “anticipate”, “goal”, “plan”, “objective”, “intend”, “estimate”, “may”, “should”, “may not” and “will” or the negative of these terms or similar words suggesting future outcomes or expectations, beliefs, plans, objectives, intentions or statements of future events or performance.
Examples of forward-looking information in all 10Scale GmbH publications include:
production guidelines, estimates of future/projected production rates, plans and timelines, and development work. This forward-looking information is based in part on assumptions and factors that could change or prove to be incorrect, causing actual results, performance or achievements to be materially different from those expressed or implied by such forwardlooking statements.
Such factors and assumptions include, but are not limited to: significant deviation of capital and operating costs from estimates, failure to obtain necessary governmental, environmental or other project approvals, changes in currency exchange rates, fluctuations in commodity prices, delays in project developments and other factors.
Potential shareholders and prospective investors should be aware that these statements are subject to known and unknown risks, uncertainties and other factors that could cause actual results to differ materially from those suggested by the forward-looking statements. Such factors include, but are not limited to, the following: risks relating to the creditworthiness or financial condition of suppliers, refiners and other parties doing business with the Company; the inadequacy of insurance coverage or the inability to obtain insurance coverage to cover these risks and hazards, relationships with employees; relationships with and claims by local communities and indigenous peoples; political risks the global financial situation to take into account unexpected economic and other factors, risks of increased capital and operating costs, environmental, safety or regulatory risks, expropriation, the Company’s title to the properties, including ownership thereof, increased competition in the mining industry for properties, equipment, skilled personnel and their costs, risks relating to the uncertainty of the timing of events, including increases in targeted production rates and currency fluctuations.
Shareholders are cautioned not to place undue reliance on forward-looking information. By its nature, forward-looking information involves numerous assumptions, inherent risks and uncertainties, both general and specific, that contribute to the possibility that the forecasts, predictions, projections and various future events will not occur. Neither 10Scale GmbH nor the relevant company, stock or security undertakes any obligation to publicly update or otherwise revise any forward-looking information, whether as a result of new information, future events or other factors affecting such information, except as required by law.
Rights of use and distribution
Publications of10Scale GmbH may not be transmitted either directly or indirectly to the United Kingdom, Japan, the USA or Canada or to US citizens or persons resident in the USA, Japan, Canada or the United Kingdom, nor may they be brought or distributed in their territory. The publications and the information contained therein may only be distributed or published in those countries in which this is permitted under the applicable legal provisions. U.S. persons are subject to Regulation S under the U.S. Securities Act of 1933 and may not have access. In the UK, publications may only be made available to persons who are authorized or exempt under the Financial Services Act 1986. Failure to comply with these restrictions may be considered a violation of the respective national laws of the countries mentioned and, analogously, possibly also of countries not mentioned.
Any resulting legal or liability claims are the responsibility of the person who has publicized publications of 10Scale GmbH in the countries and regions mentioned or who has made publications of 10Scale GmbH available to persons from these countries and regions, but not 10Scale GmbH itself. The use of any publications of 10Scale GmbH is only intended for private personal use. Professional use must be notified to 10Scale GmbH in advance or its consent must be obtained and is also subject to a fee.
All third-party information, in particular the assessments provided by external users, do not necessarily reflect the opinion of 10Scale GmbH, so that 10Scale GmbH cannot assume any liability for the topicality, correctness, errors, accuracy, completeness, appropriateness or quality of the information.
Note on symmetrical information and opinion generation
10Scale GmbH cannot exclude the possibility that other stock market letters, media or research companies may discuss the shares, companies and financial products presented in all publications of 10Scale GmbH during the same period. Therefore, there may be a symmetrical generation of information and opinions during this period.
No guarantee for price forecasts
Despite all critical care with regard to the compilation and verification of the sources used by 10Scale GmbH, such as SEC filings, official company news or interview statements of the respective company management, neither 10Scale GmbH nor the respective authors can give any guarantee for the correctness, accuracy and completeness of the facts presented in the sources. Neither 10Scale GmbH nor the respective authors assume any guarantee or liability that the price or profit developments of the respective companies or financial products assumed in all publications of 10Scale GmbH will be achieved.
No guarantee for course dates
No responsibility is taken for the accuracy of the charts and data on the commodities, foreign exchange, options and stock markets presented in all publications of 10Scale GmbH.
Copyrights
The copyrights of the individual articles are held by the respective author. Reprinting and/or commercial distribution as well as inclusion in commercial databases is only permitted with the express permission of the respective author or 10Scale GmbH. All content published by 10Scale GmbH or on the https://www.optioneaner.com website and corresponding subwebsites is subject to German, Austrian and Swiss copyright and ancillary copyright law.
Any use not permitted by German, Austrian and Swiss copyright and ancillary copyright law requires the prior written consent of the provider or respective rights holder. This applies in particular to the duplication, editing, translation, storage, processing or reproduction of content in databases or other electronic media and systems. Third-party content and rights are identified as such.
The unauthorized reproduction or distribution of individual contents or complete pages is not permitted and is punishable by law. Only the production of copies and downloads for personal, private and non-commercial use is permitted. Links to the provider’s website are welcome at any time and do not require the consent of the website provider. The presentation of this website in external frames is only permitted with permission. 10Scale GmbH will initiate criminal proceedings in the event of infringement of any copyrights.
Information from the Federal Financial Supervisory Authority
Further information to help protect yourself from dubious offers can be found in BaFin brochures (links attached): Investment – How to recognize dubious providers: http://www.bafin.de/SharedDocs/Downloads/DE/Broschuere/dl_b_geldanlage.pdf?__blob=
publicationFile
Securities transactions – What you should be aware of as an investor: https://www.bafin.de/SharedDocs/Downloads/DE/Broschuere/dl_b_wertpapiergeschaeft.p
df?__blob=publicationFile
Further legal texts from BaFin: http://www.bafin.de/DE/DatenDokumente/Dokumentlisten/ListeGesetze/liste_gesetze_nod
e.html
Limitation of liability for links
The https://www.optionearner.com website and all sub-websites as well as all publications of 10Scale GmbH contain links to third-party websites (“external links”). These websites are subject to the liability of the respective operators. When the external links were first created, 10Scale GmbH checked the third-party content for any legal violations. No legal violations were apparent at that time.
10Scale GmbH has no influence whatsoever on the current and future design and content of the linked websites. The inclusion of external links does not mean that 10Scale GmbH adopts the content behind the reference or link as its own. It is not reasonable for 10Scale GmbH to constantly monitor these external links without concrete evidence of legal violations. However, if we become aware of any legal violations, such external links from 10Scale GmbH websites will be deleted immediately. If you come across a website whose content violates applicable law (in any form whatsoever) or whose content (topics) offends or discriminates against persons or groups of persons in any way, please inform us immediately.
“In its judgment of May 12, 1998, the Hamburg Regional Court ruled that the inclusion of a link may entail co-responsibility for the content of the linked websites. This can only be prevented by expressly distancing oneself from this content. For all links on the homepage https://www.optionearner.com and its sub-websites as well as in all publications of 10Scale GmbH: 10Scale GmbH hereby expressly dissociates itself from all contents of all linked websites on the https://www.optionearner.com website as well as its sub-websites and all publications of 10Scale GmbH and does not adopt these contents as its own.”
Limitation of liability for the content of this website
The contents of the website https://www.optionearner.com and its subpages are created with the greatest possible care. However, 10Scale GmbH AG accepts no liability for the accuracy, completeness or currency of the content provided. The use of the contents of the website https://www.optionearner.com and its sub-websites is at the user’s own risk. Contributions identified by name reflect the opinion of the respective author and not always the opinion of 10Scale GmbH.
Limitation of liability for the availability of the website
10Scale GmbH will endeavor to offer the service for retrieval with as few interruptions as possible. However, even with all due care, downtimes cannot be ruled out. 10Scale GmbH reserves the right to change or discontinue its service at any time.
Limitation of liability for advertisements
The respective author or the advertising company is solely responsible for the content of advertisements on the https://www.optionearner.com website and its sub-websites, as well as for the content of the advertised website and the advertised products and services. The presentation of the advertisement does not constitute acceptance by 10Scale GmbH.
No contractual relationship
The use of the https://www.optionearner.com website and its sub-websites does not create any contractual relationship between the user and 10Scale GmbH. In this respect, there are no contractual or quasi-contractual claims against 10Scale GmbH.
Protection of personal data – Data protection
The personal data (e.g. e-mail address for contact) will only be used by 10Scale GmbH or by the company concerned for the transmission of news and information in general or for the company concerned.
Data protection
If the opportunity for the input of personal or business data (email addresses, name, addresses) is given, the input of these data takes place voluntarily. The use and payment of all offered services are permitted – if and so far technically possible and reasonable – without specification of any personal data or under specification of anonymized data or an alias.
10Scale GmbH would like to point out that data transmission over the Internet (e.g. when communicating by e-mail) may be subject to security vulnerabilities. Complete protection of data against access by third parties is not possible. Accordingly, no liability is assumed for the unintentional dissemination of data. The use of contact data such as postal addresses, telephone and fax numbers and email addresses published in the legal notice or similar information by third parties for the purpose of sending information that has not been expressly requested is not permitted. We expressly reserve the right to take legal action against the senders of so-called spam mails in the event of violations of this prohibition.
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