Risk Disclosure
Latest Version: 11 March 2024
THIS RISK DISCLOSURE IS INTENDED TO PROVIDE YOU WITH A GENERAL OUTLINE OF THE RISKS INVOLVED AND/OR LINKS TO REGULATORY ADVISORIES, BUT CANNOT CAPTURE ALL SUCH RISKS AND/OR REGULATORY ADVISORIES. THE REGULATORY ADVISORIES LINKS AND/OR RISKS LISTED BELOW THEREFORE DO NOT CONSTITUTE AN EXHAUSTIVE LIST, AND ADDITIONAL LINKS AND/OR SIGNIFICANT RISKS MAY BE APPLICABLE. ADDITIONALLY, IT DOES NOT CONSTITUTE THE FULL TERMS OF USE OF THE SITE. FOR A COMPREHENSIVE UNDERSTANDING OF YOUR RIGHTS AND OBLIGATIONS ON BEYONDFOMO, PLEASE REFER TO OUR Terms of Use.
BeyondFOMO, LLC or any of its subsidiaries, affiliates, successors, assigns, agents, or by any of their respective officers, directors, employees, agents or advisers (collectively, “BeyondFOMO”) disclaims all representations and warranties in the information contained in this disclosure (which includes these regulatory advisories), whether express or implied, including, without limitation, any warranty of satisfactory quality, completeness, accuracy, fitness for a particular purpose or non-infringement. BeyondFOMO disclaims any responsibility or liability, whether in contract, tort (including, without limitation, negligence), equity or otherwise, for the quality, accuracy or completeness of, the information contained therein, and for any reliance on, or uses to which, this information is put, and you are solely responsible for any use to which you put such information. Without limiting any of the foregoing, to the fullest extent permitted by applicable law, in no event shall BeyondFOMO have any liability for any special, punitive, indirect, or consequential damages (including lost profits or lost opportunity), in connection with the information contained in this disclosure materials, even if notified of the possibility of such damages. You will make your own independent decision on how to use any information contained in this disclosure, based on your own judgment and advice from advisers as you deem necessary. BeyondFOMO has no obligation to update any portion of this disclosure, including the links to the regulatory advisories on cryptocurrencies, altcoins, non-fungible tokens (NFT), digital assets and cryptoassets (collectively, “Virtual Currencies”) provided below.
These regulatory advisories warn that virtual currencies, including bitcoin and ethereum, may be susceptible to fraud, involve a high level of risk, and may experience significant price volatility, which may also adversely impact the price of swaps, security-based swaps, equity options, futures, options on futures, and OTC derivatives that reference or are based on the price or performance of the virtual currencies (“Virtual Currency-linked Derivatives”). You should be aware that the market for the underlying cryptoassets referenced in Virtual Currency-linked Derivatives may not be regulated, and may not be subject to registration, fitness, market integrity, anti-fraud, anti-manipulation, cybersecurity, surveillance, or anti-money laundering rules in all jurisdictions in which the virtual currencies are offered or traded.
This disclosure is not intended as a recommendation or an offer or solicitation for the purchase or sale of any virtual currency, security or financial instrument, or to enter into a transaction involving any such virtual currency, security or financial instrument, including Virtual Currency-linked Derivatives transactions or any trading strategy. Before entering into any Virtual Currency-linked Derivatives transactions, please ensure that you have read and understood the following information and the advisories available at the links below. BeyondFOMO is not a registered or licensed analyst, broker, or financial/investment advisor. Nothing in this disclosure should be construed as investment, tax, legal, accounting, regulatory or other advice (including within the meaning of Section 15B of the Securities Exchange Act of 1934) or as creating a fiduciary relationship.
Any information on any BeyondFOMO website, mobile application, e-mails, or any other communications, are meant for informational purposes only and are not intended as an offer to buy or sell or a solicitation of any offer to buy or sell any security/financial instrument and/or virtual currency, or to participate in any trading strategy.
Learn articles and other communications by BeyondFOMO reflect the opinion of only the author(s) and not necessarily those of BeyondFOMO. They are meant for informational purposes only and are not intended as an offer to buy or sell or a solicitation of any offer to buy or sell any security/financial instrument and/or virtual currency in a self-directed BeyondFOMO account, or any other account, or to participate in any trading strategy. They are also not research reports and are not intended to serve as the basis for any investment decision. Any third-party information provided therein does not reflect the views of BeyondFOMO.
Third-party information provided for Services, product features, communications, and communications emanating from social media communities, market prices, data and other information available through BeyondFOMO are meant for informational purposes only and are not intended as an offer to buy or sell or a solicitation of any offer to buy or sell any security/financial instrument and/or virtual currency, or to participate in any trading strategy. The information provided is not warranted as to completeness or accuracy and is subject to change without notice. The BeyondFOMO website provides its users links to social media sites and email. The linked social media and email messages are pre-populated. However, these messages can be deleted or edited by users, who are under no obligation to send any pre-populated messages. Any comments or statements made herein do not reflect the views of BeyondFOMO.
Certain statements contained through the website may constitute projections, forecasts and other forward looking statements, which do not reflect actual results, are valid as of the date of such communication and subject to change without notice. Information provided by third party sources are believed to be reliable and have not been independently verified for accuracy or completeness and cannot be guaranteed. BeyondFOMO does not guarantee the accuracy of third party data. References to specific securities and/or virtual currencies and their issuers or sectors are for illustrative purposes only.
The past performance of a virtual currency, security or financial product does not guarantee future results or returns. Keep in mind that while diversification may help spread risk, it does not assure a profit or protect against loss. Virtual currency is a digital representation of value that functions as a medium of exchange, a unit of account, or a store of value, but it does not have legal tender status. virtual currencies are sometimes exchanged for U.S. dollars or other currencies around the world, but they are not currently backed nor supported by any government or central bank. Their value is completely derived by market forces of supply and demand, and they are more volatile than traditional currencies. The value of virtual currency may be derived from the continued willingness of market participants to exchange fiat currency for virtual currency, which may result in the potential for permanent and total loss of value of a particular virtual currency should the market for that cryptocurrency disappear. Be aware that system response, execution price, speed, liquidity, market data, and account access times are affected by many factors, including market volatility, size and type of order, market conditions, system performance, and other factors. There is always the potential of a loss with virtual currencies, securities or other financial products. Profits and losses related to this volatility are amplified in margined futures contracts. Virtual currencies are not covered by either FDIC or SIPC insurance. Legislative and regulatory changes or actions at the state, federal, or international level may adversely affect the use, transfer, exchange, and value of virtual currency.
Virtual currency trading may not generally be appropriate, particularly with funds drawn from retirement savings, student loans, mortgages, emergency funds, or funds set aside for other purposes. Virtual currency trading can lead to large and immediate financial losses. Under certain market conditions, you may find it difficult or impossible to liquidate a position quickly at a reasonable price. This can occur, for example, when the market for a particular virtual currency suddenly drops, or if trading is halted due to recent news events, unusual trading activity, or changes in the underlying virtual currency system. Several federal agencies have also published advisory documents surrounding the risks of virtual currency.
Always conduct extensive research into the legitimacy of each individual virtual currency, including its platform, before investing. The features, functions, characteristics, operation, use and other properties of the specific virtual currency may be complex, technical, or difficult to understand or evaluate. The virtual currency may be vulnerable to attacks on the security, integrity or operation, including attacks using computing power sufficient to overwhelm the normal operation of the cryptocurrency’s blockchain or other underlying technology. Some virtual currency transactions will be deemed to be made when recorded on a public ledger, which is not necessarily the date or time that a transaction may have been initiated.
The below is not an exhaustive list of all regulatory advisories on virtual currencies.
The advisories referenced below (and the links thereto) have not been verified for accuracy or completeness by BeyondFOMO.
Links to Select Regulatory Advisories on Virtual Currencies:
- NFA Investor Advisory – Futures on Virtual Currencies Including Bitcoin
- CFTC Customer Advisory – Understanding the Risks of Virtual Currency Trading
- CFTC Customer Advisory – Beware Virtual Currency Pump-and-Dump Schemes
- FINRA Investor Alert – Bitcoin: More than a Bit Risky
- SEC Investor Alert – Bitcoin and other Virtual Currency-related Investments
- FCA Alert – Warning on Cryptoassets
- FCA Alert – Crypto Investment Scams