Welcome to our website (sometimes referred to as “Site”). By using our Site, any newsletter we may publish and disseminate, any emails we may send, any social media platforms we may utilize (including but not necessarily limited to Facebook.com, Twitter.com, Instagram.com and/or Short Message Service (SMS/text message service) (collectively our “Communications Platforms”), you are agreeing to comply with and be bound by all of the following terms and conditions of use as to any and all of our Communications Platforms and the disclosure set forth herein. Please review the following terms, conditions and disclosure carefully. If you do not agree to these terms, conditions, and disclosure, you should not use any of our Communications Platforms.
ExplosiveStockPicks.com, its owners, and its affiliates, directors, officers, employees and their respective immediate family members, are hereafter collectively referred to as “ESP” or “we” or “us” or “our”). The term “you” refers to the user or viewer of our Site and/or our other Communications Platforms.
A. General Disclosure/Forward-Looking Statements/Links to Other Websites/Related Matters
ESP publishes information (the “Information”) about publicly traded companies (the “Profiled Company” or the “Profiled Companies”) which has been obtained from various sources, including publicly available sources on the internet.
Any individual who or entity which chooses to invest in any securities should do so with caution. Investing in securities, particularly “penny stocks” (generally, those that trade at less than $5.00/share and which will generally comprise the securities of the Profiled Companies upon which we provide Information) is highly speculative and carries a high degree of risk; you may lose some or all of the money that you invest. Always research your own investments and consult with a licensed stockbroker and/or an investment advisor before investing. We are not registered as a securities broker-dealer or an investment advisor either with the U.S. Securities and Exchange Commission (“SEC”) or with any state securities regulatory authority or quasi-governmental regulatory authority. We are not licensed or qualified to provide investment advice, or to offer and/or sell securities, do not engage in any of such activities, and the Information we provide about Profiled Companies is not, does not, and should not be construed to be the rendering of investment advice or constitute the offer to buy or sell any securities.
The Information contained about Profiled Companies in or on any of our Communications Platforms that we utilize should be viewed as commercial advertisement for which we have been or will be paid cash compensation as disclosed as to each Profiled Company. The contents comprising the Information are not provided to any person or entity with a view toward their individual circumstances.
The Information is distributed free of charge exclusively to subscribers who wish to receive it. By receiving the Information, you agree not to forward any of the Information to any other person or entity in any manner whatsoever.
We will not knowingly provide any of your contact information to any third party without your prior written consent, which consent you may withhold in your sole discretion, except to the extent any of such contact information is or may be accessed by third parties upon whom we contract with and rely and through whom we provide you emails and/or SMS/text message communications, and as otherwise provided for in Section E. 11, 16 and 22 herein. Subject to the foregoing, while we will take such steps as we deem appropriate and reasonable to safeguard your contact information, we cannot assure that one or more third parties will not otherwise attempt to hack or successfully hack such information. If this were to occur, you agree to hold us harmless from any and all purported, alleged and/or actual damages of any type or nature whatsoever, including but not limited to direct, indirect, incidental, consequential, special, punitive or otherwise, you may sustain resulting therefrom, including but not limited to attorneys’ fees and costs.
You will have the ability at any time to opt out your receipt of the Information via email to us, as evidenced by your click of an unsubscribe button.
At the present time, ESP will only receive cash compensation, as may be negotiated and agreed to, for its above-described services, prior to the outset of an Information campaign, from:
(i) a subject Profiled Company itself; and/or
(ii) one or more third parties who may or may not be affiliated with a subject Profiled Company at the time(s) of any such payment(s) and who:
(x) may or may not at the time of such payment(s) own securities of the subject Profiled Company; and who
(y) may buy, hold and/or sell securities of the subject Profiled Company during the time the Information is being published by ESP; if sold by such third party/parties during the time such Information is being published by ESP, this can be expected to cause downward pressure on the stock price of the securities of the Profiled Company.
If the timing of receipt of cash compensation as described above changes as to a particular Profiled Company, and/or the type of compensation received or to be received by ESP from a Profiled Company changes, ESP will timely update its disclosure accordingly.
ESP will not directly or indirectly purchase, otherwise acquire, own, hold and/or sell any securities of a Profiled Company in contemplation of an engagement to make Information available relating to a Profiled Company, while it is engaged to make Information available about a Profiled Company, or for at least 30 days after any such engagement has terminated, if at all.
ESP does not and will not undertake any independent or other due diligence or investigation of the Information it obtains or publishes or provides links to, and accordingly, makes no representations and/or warranties of any kind, express or implied, about the completeness, accuracy, timeliness, and/or reliability of any such Information and/or a suitability determination as it pertains to you of the securities of any of the Profiled Companies. All information concerning the Profiled Companies is received directly from the companies profiled, from information such companies have made publicly available and/or from press releases and/or other public information sources which the Profiled Companies may or may not have approved, including but not limited to links to other websites and/or other social media outlets. We cannot and do not assure the completeness, accuracy, timeliness and/or reliability of any information on any other websites and/or other social media outlets.
We do not have any first-hand knowledge of any Profiled Company’s operations and therefore, we ourselves cannot and do not comment on their capabilities, intent, resources, nor experience, and we make no attempt to do so. You should therefore not consider any of the Information to necessarily be complete, accurate, current and/or reliable, and/or any of the securities of any of the Profiled Companies suitable for you, and any reliability you place on any of such Information for any purpose(s) is strictly at your own risk and without any liability, however characterized, to ESP.
The Profiled Companies’ actual results and financial condition may differ materially and be completely different than that published or described in the Information, which ESP may, in its sole discretion, add to, modify or delete in whole or in part at any time and without any prior notice to you.
The Information is not an offer, solicitation or recommendation to buy, hold and/or sell any securities of any of the Profiled Companies. You should not consider the Information when making an investment decision of whether to buy, hold and/or sell any securities of any Profiled Company. You are urged to independently investigate and fully understand all risks before investing in any Profiled Company and you should consult your own financial, investment and/or legal advisers before purchasing, holding and/or selling the securities of any Profiled Company. ESP is not liable for any investment decisions by you. This news letter is not a source of unbiased information.
Any investment in the Profiled Companies involves a high degree of risk, and involves risks and uncertainties, which may result in investors losing all of their invested capital. Past performance does not guarantee future results. The prices of the securities of the Profiled Companies are generally highly unstable, unpredictable and an investment in any of such securities can be highly illiquid. The securities of the Profiled Companies are considered in most, if not all, circumstances to be penny stocks and should not be purchased by anyone who cannot sustain a complete loss of their investment. . If you cannot sustain the loss of your entire investment you should not purchase any securities of any of the Profiled Companies. If at any time you wish to be removed from our list simply unsubscribe in any of the previous emails sent to you.
Any redistribution of any information from our Site or from any of our other Communications Platforms without our prior written consent is strictly prohibited. In addition, while we reserve the right to respond to any subscribers’ emails, you as a subscriber agree that you will keep confidential and not share, copy in whole or in part, forward or otherwise disclose any email response we may provide to you.
In no event shall ESP be liable for any loss, or damage including without limitation, indirect or any consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this Site or any of our other Communications Platforms.
By reviewing ESP’s Site, you agree to, acknowledge, accept and agree to fully comply with all of the terms and conditions stated herein.
The Information as to any of the Profiled Companies may contain what may be generally described as “forward-looking statements” (as such term is discussed in, but not subject to Section 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities Exchange Act of 1934 (“Exchange Act”), as the Profiled Companies are and will generally be “penny stock companies” (generally, companies whose securities trade at less than $5.00/share), whose securities are not generally subject to such securities law sections as they are not required reporting companies under the Exchange Act). Forward-looking statements are based upon expectations, estimates and projections at the time the statements are made and involve risks and uncertainties that could cause actual events to differ materially from those anticipated. Forward-looking statements may be identified through the use of words such as expects, will, anticipates, estimates, believes, or by statements indicating certain actions may, could, should, or might occur. Any statements that express or involve predictions, expectations, beliefs, plans, projections, objectives, goals or future events or performance may be forward-looking statements. Factors that could cause actual results to differ materially include, but are not limited to, adverse economic conditions, intense competition, lack of meaningful research results, inadequate capital, termination of contracts or agreements, adverse publicity and news coverage, inability to carry out research, development and commercialization plans, loss or retirement of key executives and other key personnel, and other risks detailed in public information including but not limited to reports filed with the SEC and/or with OTC Markets. We do not have any duty to update any “forward-looking statements”.
You may obtain information about the Profiled Companies from the OTC Markets website at www.otcmarkets.com and/or or from the website of the SEC at www.sec.gov without charge, provided, in either event, that the subject Profiled Company makes information about itself available on either or both of such websites.
Links to Websites and/or Other Social Media Outlets of Profiled Companies
We intend to provide links to other websites and social media outlets that discuss or reference Profiled Companies. Viewers are advised that all links and access to these sites and content are solely for general informational purposes only. ESP is not responsible for any of such content and/or the accuracy, completeness, adequacy or currency of the information contained on such websites and/or other social media outlets, which is subject to change, and/or any misrepresentations, errors and/or omissions therein, nor does ESP review, control, endorse, or guarantee any of such content whatsoever, regardless of the source. Any opinions expressed are subject to change without notice. It is also possible that the Profiled Companies discussed on such websites and/or other social media outlets may not have approved certain or any statements contained therein. By accessing or viewing such websites and/or other social media outlets, you agree that ESP is not responsible for any content, associated links, resources, or services associated with any such third party websites and/or other social media outlets.
Links to other websites and/or social media outlets may expose your computer and its operating system to malicious software that may introduce viruses and cause serious harm to your computer and its operating system, extract personal, business and otherwise confidential information, and may result in you being subject to ransom demands to restore your computer’s integrity and stolen information. You acknowledge and agree that ESP shall not be held responsible or otherwise liable for the legality, accuracy, or inappropriate nature of any content, advertising, products, services or information located on or through any other websites and/or social media outlets, nor for any loss or damages caused or alleged to have been caused by the use or reliance on any such links or their content.
B. Further Disclosure
ESP electronically disseminates information on its Site and our other Communications Platforms pertaining to Profiled Companies, the securities of which are generally, if not all, penny stocks, quoted on the OTC Markets.
Because ESP receives cash compensation for its dissemination of the Information (as disclosed in our Compensation Disclosure Section), ESP is not and should not be considered to be independent or objective as to the Information disclosed.
ESP does not perform research, due diligence or undertake an analysis of the Profiled Companies. ESP does not endorse, independently verify or assert the truthfulness, completeness, accuracy or reliability of the Information and conducts no due diligence whatsoever of the Profiled Companies. Your use of the Information is at your own risk. ESP disclaims, expressly and impliedly, all warranties of any kind, including whether the Information is accurate or reliable or free of errors. You hereby agree to indemnify and hold ESP harmless from any and all liability of any kind, however characterized, for any claimed direct, indirect, incidental, punitive, or consequential damages pertaining to the Information.
The Information is presented only as a brief positive “snapshot” of the Profiled Company and should only be used, at most, and if at all, as a method of obtaining the names of penny stocks and a starting point for you to conduct a thorough investigation of the Profiled Company and its securities and to consult your financial, legal and/or other advisor(s) and avail yourself to the filings and information that may be accessed, if available at one or more of the following sites, of which no assurances are given, at www.sec.gov. or www.otcmarkets.com or other electronic mediums, including: (a) reviewing SEC periodic reports (Forms 10-Q and 10-K), reports of material events (Form 8-K), insider reports (Forms 3, 4, 5 and Schedule 13D); (b) reviewing Information and Disclosure Statements and unaudited financial reports filed with the www.otcmarkets.com; (c) obtaining and reviewing publicly available information contained in commonly known search engines such as Google; and (d) consulting investment guides at www.sec.gov and www.finra.com pertaining to the risks of investing in penny stocks. Readers must evaluate and bear all the risks associated with the Information, including reliance on its accuracy, completeness or usefulness. In all instances, you should conduct your due diligence and your own review of the Profiled Companies and its securities to your complete satisfaction before investing.
The Profiled Companies are subject to possible risks and uncertainties, including but not limited to: (a) the Information pertains to penny stocks that are subject to the SEC’s penny stock rules which, generally, make it more difficult for a broker-dealer to generate interest from its clients in such securities, and commonly involve a high degree of risk that may result in the loss of some or all of an investment in the Profiled Company’s securities; (b) the Profiled Company’s penny stock may be thinly traded, which may lead to difficulties of selling its securities; (c) the price and trading volume of a Profiled Company may be expected to substantially decline after the end of an Information campaign for such Profiled Company; (d) a Profiled Company that is an SEC reporting issuer may be delinquent (not current) in its periodic reporting obligations (i.e., in its quarterly and annual reports) or if quoted on the OTC Markets, may be delinquent in its OTC Markets reporting obligations as indicated by the posting of a negative “sign” pertaining to the Profiled Company at www.pinksheets.com , as follows: (i) “Limited Information” for companies with financial reporting problems, economic distress, or that are unwilling to file required reports with the Pink Sheets; (ii) “Pink Sheets – No Information”, which indicates companies that are unable or unwilling to provide disclosure to the public markets, to the SEC or the Pink Sheets; and (iii) “Caveat Emptor”, signifying “Buyer Beware” that there is a public interest concern associated with a company’s illegal spam campaign, questionable stock promotion, known investigation of a company’s fraudulent activity or its insiders, regulatory suspensions or disruptive corporate actions; (e) whether the Profiled Company is a development stage company with little or no operations, the securities of which should be considered extremely speculative for investment purposes; (f) many companies that have their securities quoted on the OTC Markets have been negatively affected by economic downturn and lack of adequate financing to meet their operational goals or expansion plans; (g) any percentage gain from the previous day close is not and should not be construed as any indication whatsoever of the future stock price of a Profiled Company’s securities or its operational results; (h) many energy related and other Profiled Companies are subject to increasing environmental and other governmental regulations, which subject them to significant costs and possible fines and liabilities for failure to comply with applicable state and federal statutes; (i) the future success of many OTC Markets quoted companies is dependent upon receiving adequate financing or raising sufficient capital, which they may be unable to obtain; (j) there is an inherent and actual conflict of interest that exists between your interests and ESP’s interests because ESP receives cash compensation for disseminating the Information; (k) ESP may not receive any direct verification from the Profiled Company regarding the Information in the event ESP is retained by someone other than the Profiled Company and even if retained by the Profiled Company, cannot and does not assure that the Information is or will be complete, accurate, current and/or reliable; (l) a third party shareholder of a Profiled Company will have a potential or actual conflict of interest in paying ESP for the dissemination of Profiled Company Information while still holding shares of the Profiled Company’s stock that he/she/it may sell after the third party shareholder has paid ESP cash compensation for disseminating Information about the Profiled Company; (m) the Information should not be interpreted in any shape, form or manner whatsoever as an indication of the Profiled Company’s future stock price or future financial performance; (n) you may encounter difficulties determining what Information about a Profiled Company contained in our Communications Platforms is material or non-material, making it all the more imperative that you conduct further investigation of the Profiled Company and its securities.
We encourage all to read the SEC’s INVESTOR ALERTS before viewing/reading our newsletter.
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