CFTC Rule 4.41 — Hypothetical Performance Disclaimer
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.
1. Regulatory Status
QubTrading is NOT registered as an investment adviser, broker-dealer, or commodity trading advisor (CTA) with the Commodity Futures Trading Commission (CFTC), National Futures Association (NFA), Securities and Exchange Commission (SEC), or any state regulatory authority.
QubTrading does not manage client funds, hold customer assets, or execute trades on behalf of any person or entity. All trading activity is initiated and managed solely by the individual user through their own brokerage account.
2. Educational Publisher Disclaimer
QubTrading is an educational technology publisher. No content on this website constitutes a recommendation that any particular investment, security, portfolio of securities, or transaction strategy is suitable for any specific person. All trading decisions are your own.
The information provided on this website, including but not limited to trading signals, dashboard analytics, composite scores, blog posts, videos, and Discord communications, is intended solely for educational and informational purposes. Nothing contained herein should be construed as personalized investment advice or a solicitation to buy, sell, or hold any financial instrument.
3. Futures Trading Risks
Trading futures involves substantial risk of loss and is not suitable for all investors. You should carefully consider whether futures trading is appropriate for you in light of your financial condition, investment experience, and risk tolerance. The following risks are inherent in futures trading:
- Leverage and Margin Risk: Futures are highly leveraged instruments. A relatively small market movement can result in proportionally much larger gains or losses. You may be required to deposit additional margin funds on short notice to maintain your positions. Failure to meet margin calls may result in the liquidation of your positions at a loss.
- Total Loss of Capital: You could lose more than your initial deposit. It is possible to sustain a total loss of all funds deposited with your broker. Under certain market conditions, you may find it difficult or impossible to liquidate a position.
- Margin Calls: If the market moves against your position, your broker may require you to deposit additional funds immediately. If you do not provide the required funds within the prescribed time, your position may be liquidated at a loss, and you will be liable for any resulting deficit in your account.
- Market Volatility: Futures markets can experience rapid and significant price movements due to economic data releases, geopolitical events, market sentiment shifts, and other factors. These movements can occur without warning and may result in substantial losses.
- Liquidity Risk: Under certain market conditions, it may be difficult or impossible to execute orders at the desired price. This can occur during periods of high volatility, low volume, or market disruptions such as circuit breakers or trading halts.
- System and Technology Risk: Electronic trading systems, including hardware, software, and internet connectivity, are subject to failures, delays, and malfunctions. Such disruptions may prevent order execution, delay trade confirmations, or result in erroneous trades. Neither QubTrading nor any broker guarantees uninterrupted access to trading systems.
- Past Performance: Past performance is not indicative of future results. Historical trading results, win rates, composite scores, and any performance metrics displayed on this website or communicated through any QubTrading channel are not guarantees of future performance. Market conditions change, and strategies that performed well in the past may not perform similarly in the future.
4. Trading Signal Disclaimer
Trading signals provided by QubTrading are for informational and educational purposes only. They do not constitute financial advice, investment recommendations, or solicitations to buy or sell any financial instruments.
Signals are generated by algorithmic processes based on technical analysis and market data. They are not infallible and should not be relied upon as the sole basis for any trading decision. Users should conduct their own analysis and due diligence before entering any trade.
Signal accuracy rates, composite scores, and other performance metrics are based on historical data and backtesting results. Actual results may vary significantly due to market conditions, execution timing, slippage, commissions, and other factors.
5. Automated Trading Disclaimer
Automated trading systems carry additional risks including but not limited to: system failures, connectivity issues, incorrect order placement, and software bugs. Users are solely responsible for monitoring and managing all automated positions.
By enabling any automated trading functionality provided by QubTrading, you acknowledge and accept the following:
- Automated systems may execute trades at unintended prices due to market gaps, slippage, or latency.
- Internet connectivity disruptions, power outages, or server failures may prevent the system from executing, modifying, or canceling orders.
- Software bugs or unexpected behavior may result in incorrect order sizes, duplicate orders, or orders that do not conform to your intended risk parameters.
- You are solely responsible for configuring, enabling, monitoring, and disabling the auto-trade feature at all times.
- QubTrading is not liable for any trading losses, missed trades, or account damage resulting from the use of automated trading functionality.
- You should never leave an automated trading system running unattended without appropriate risk controls, including but not limited to maximum daily loss limits and position size limits.
6. No Guarantee of Profits
QubTrading makes no representation, warranty, or guarantee that the use of our tools, signals, dashboard, or any other service will result in profits or prevent losses. Trading is inherently risky, and no trading system, methodology, or strategy can guarantee profits or eliminate the risk of loss.
Any testimonials, performance claims, or success stories shared on this website, in our Discord community, or through any QubTrading communication channel represent individual experiences and are not indicative of the results you may achieve. Individual results will vary based on market conditions, personal trading skill, risk management discipline, and numerous other factors.
7. Indemnification and Limitation of Liability
By using QubTrading, you agree to indemnify, defend, and hold harmless QubTrading and its owners, operators, employees, contractors, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:
- Your use of the Service, including any trading decisions made based on signals, scores, or analytics
- Your violation of these disclosures or any applicable laws or regulations
- Any trading losses you incur, regardless of the cause
- Your use of any automated trading features
In no event shall QubTrading be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of data, or trading losses, arising out of or in connection with the use of our Service.
8. Seek Independent Advice
If you are unsure whether futures trading is appropriate for you, we strongly recommend consulting with a qualified, independent financial advisor, tax professional, or attorney before making any trading or investment decisions.
You should only trade with capital you can afford to lose. Never trade with money needed for essential living expenses, debt payments, or other financial obligations.
9. Governing Law
This Risk Disclosure shall be governed by and construed in accordance with the laws of the State of Minnesota, United States, without regard to its conflict of law provisions.
10. Contact Information
If you have any questions about this Risk Disclosure, please contact us at:
Email: admin@qubtrading.com
Website: qubtrading.com/contact