Who owns and controls www.pennytrackers.com?
The website located at http//www.pennytrackers.com (the Website) is owned by EGM, Firm Inc., a Florida corporation. The Website, its owner, affiliates, control persons, directors, officers, employees and agents are hereafter collectively referred to as we, our or us.
What do we do?
We are paid advertisers, also known as publishers or stock promoters who disseminate favorable information (the “Information”) about publicly traded companies (the “Profiled Issuers”). We publish the Information on the Websites, in newsletters, audio and live interviews, featured reports, message boards and email communications for specific time periods that are agreed upon by us and the Profiled Issuer (the “Campaign”). We obtain the Information from the Profiled Issuers and publicly available sources such as the OTC Markets, Google, NASDAQ, NYSE, the Securities and Exchange Commission’s Edgar database or other available public sources.
Is the Information complete, accurate, truthful or reliable?
The Information provides de minimis information about the Profiled Issuers and is only a brief favorable snapshot about the Profiled Issuers. The Information consists of only positive content and does not include any negative information about the Profiled Issuers whatsoever; accordingly, you should consider the Information to be one sided and not balanced, complete, accurate, truthful or reliable.
Why do we publish the Information?
We publish the Information because we are compensated to do so. We receive monetary and/or securities compensation of the Profiled Issuers we promote. Our compensation is paid by the Profiled Issuers, third party shareholders or other third parties related to the Profiled Issuers.
Why is this Disclaimer being provided?
Because we are paid to disseminate the Information to the public, we are required by the securities laws including Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder, and Section 17(b) of the Securities Act of 1933, as amended (the Securities Act), to specifically disclose certain information to you regarding our compensation as well as other matters including that we may hold, as well as purchase and sell the securities of a Profiled Issuer before, during and after we publish the Information about the Profiled Issuer. The Information may advise investors to buy a Profile Issuer’s securities shares while we sell securities of the same issuer. The anti-fraud provisions of state and federal securities laws require us to tell you that we may engage in buying and selling of Profiled Issuer’s securities before, during and after the Campaigns. The nature and amount of compensation we receive for publishing the Information about each Profiled Issuer and our ownership of each Profiled Issuer is set forth below under the heading captioned, “What we were compensated”.
What we do not do.
We do not publish negative information about the Profiled Issuers. We do not write the Information. We do not verify or confirm any portion of the Information. We do not conduct any due diligence or research any aspect of the Information including the completeness, accuracy, truthfulness or reliability of the Information. We do not review the Profiled Issuers’ financial condition, operations, business model, management or risks involved in the Profiled Issuer’s business or an investment in a Profiled Issuer’s securities.
What warranties do we make about the Information?
We make no warranty or representation about the Information including its completeness, accuracy, truthfulness or reliability and we disclaim, expressly and impliedly, all warranties of any kind, including whether the Information is complete, accurate, truthful, or reliable and as such, your use of the information is at your own risk. The Information is provided as is without limitation.
What is the purpose of the Information?
The Information is a paid advertisement.
Should I rely on the Information?
No. Visitors to the Website should not rely upon the Information for any purpose and should contact a licensed investment advisor, their legal advisor and review all documents about the company publicly filed with the Securities and Exchange Commission and OTCMarkets to obtain information about any Company mentioned in the Information.
Should I make an investment decision based upon the Information?
No.The Information is neither a solicitation to buy nor an offer to sell securities. The Information is not intended to be used as a source of information for making an investment decision. The Information is not intended and should not be used for trading or investment purposes.
Who is responsible for the Information?
The Website and its owners and agents are not liable for your use of the Information or any success or failure that is directly or indirectly related to your use of the Information. You review the Information at your own risk. The owners, employees, principals and/or agents of the Website shall not be liable for misinformation, omissions, errors or delays in providing or updating the Information, or for any actions taken by third parties in reliance upon the Information.
What should you do and what do we urge you to do?
You should conduct your own in-depth investigation with the assistance of your legal, tax and investment advisors of the Profiled Issuer’s financial condition, operations, management, products or services, trends in the industry and risks that may be material to the profiled Issuer’s business and other information you and your advisors deem material to an investment decision. This investigation should include, but not be limited to a review of available public sources and information you receive directly from the Profiled Issuers or from websites such as Google, OTCMarkets, NASDAQ, NYSE, sec.gov or other available public sources.
What we are not.
We are not and do not act in the capacity of any of the following; as such, you should not construe our activities as involving any of the following:
- * An independent advisor or consultant;
- * Providing investment advice;
- * Acting in the capacity of an investment adviser or engaging in activities that would be deemed to be providing investment advice that requires registration either at the federal or state level;
- * Broker-dealer activities or acting in the capacity of a registered representative or broker;
- * Stock picker;
- * Securities trading expert;
- * Securities researcher or analyst;
- * Financial planner or financial planning;
- * Provider of stock recommendations;
- * Provider of advice about buy and sell or hold recommendations as to specific securities; or
- * Making an offer or sale of securities or solicitation to purchase securities.
What conflicts of interest do we have in publishing the Information?
We are not objective or independent. Our publishing of the Information involves actual and material conflicts of interest including:
- * We receive monetary and/or securities compensation in exchange for publishing favorable information about the Profiled Issuers;
- * We do not publish negative information;
- * We may own the Profiled Issuer’s securities that we acquired from the Profiled Issuer, third parties or from open market purchases before, during or after the Campaign;
- * A short time after we acquire the Profiled Issuer’s securities, we may publish the (favorable) Information about the Profiled Issuer advising others, including you, to purchase; and while doing so, we may sell the Profiled Issuer’s securities we acquired during our public dissemination of the Information; and
- * An issuer’s shareholders including management compensating us may sell their shares of the Profiled Issuer while we are publishing favorable information about the Profiled Issuer.
What risks should visitors to the Websites and readers of the Information be aware of?
An investment in the Profiled Issuers involves a high degree of risk and uncertainties and may be subject to extreme volume and price volatility, especially during the Campaigns. Favorable past performance of a Profiled Issuer does not guarantee future results. If you purchase the securities of the Profiled Issuers, you should be prepared to lose your entire investment. Some of the risks involved in purchasing securities of the Profiled Issuers includes, but is not limited to the risks stated below.
Risks Related to the Information
- *The Information is not a solicitation or recommendation to buy, sell or hold securities and we do not endorse, independently verify or assert the truthfulness, completeness, accuracy or reliability of the Information. We conduct no due diligence or investigation whatsoever of the Information or the Profiled Issuers and we do not receive any verification from the Profiled Issuer regarding the Information we disseminate;
- * If we publish any percentage gain of a Profiled Issuer from the previous day close in the Information, it is not and should not be construed as an indication that the future stock price or future operational results will reflect gains or otherwise prove to be advantageous to your investment;
- * The Information may contain statements that a Profiled Issuer’s stock price has increased over a certain period of time which may reflect an arbitrary period of time, and is not predictive or of any analytical quality; as such, you should not rely upon such information in your analysis of the present or future potential of a Profiled Issuer or its securities;
- * The Information should not be interpreted in any way, shape, form or manner whatsoever as an indication of the Profiled Issuer’s future stock price or future financial performance;
- * You may encounter difficulties determining what, if any, portions of the Information is material or non-material making it all the more imperative that you conduct your own independent investigation of the Profiled Issuer and its securities with the assistance of your legal, tax and financial advisor;
- * If the Information states that a Profiled Issuer’s securities are consistent with the future economic trends or even if your independent research indicates as such, you should be aware that economic trends have their own limitations, including: (a) that economic trends or predictions may be speculative ; (b) consumers, producers, investors, borrowers, lenders and government may react in unforeseen ways and be affected by behavioral biases that we are unable to predict; (c) human and social factors may outweigh future economic trends that we state may or will occur; (d) clear cut economic predictions have their limitations in that they do not account for the fundamental uncertainty in economic life, as well as ordinary life; (e) economic trends may be disrupted by sudden jumps, disruptions or other factors that are not accounted for in such economic trends analysis; in other words, past or present data predicting future economic trends may become irrelevant in light of fully new circumstances and situations in which uncertainty becomes reality rather than of predictive economic quality; or (f) if the trends involve a single result, it ignores other scenarios that may be crucial to make a decision in the event of unknown contingencies;
- * The Information contains forward looking statements, i.e. statements or discussions that constitute predictions, expectations, beliefs, plans, estimates, or projections as indicated by such words as expects, will, anticipates, and estimates; therefore, you should proceed with extreme caution in relying upon such statements and conduct a full investigation of the Information and the Profiled Issuer as well as any such forward looking statements. Any forward looking statements we make in the Information are limited to the time period in which they are made and we do not undertake to update forward looking statements that may change at any time;
- * The Information is presented only as a brief snapshot of the Profiled Issuer and should only be used, at most, and if at all, as a starting point for you to conduct a thorough investigation of the Profiled Issuer and its securities and to consult your financial, legal or other advisor(s) and avail yourself of the filings and information that may be accessed at www.sec.gov, www.otcmarkets.com or other electronic medium, 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 Pink Sheets or 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.org. You should always be cognizant the Profiled Issuers may not be current in their reporting obligations with the SEC and the OTC Markets and/or have negative signs at otcmarkets.com (See section below titled Risks Related to the Profiled Issuers, which provides additional information pertaining thereto).
- * We may hire third party service providers and stock promoters to electronically disseminate live news regarding the Profiled Issuers, yet we have no control over the content of and do not verify the information that these service providers publish.
- * By reading the Information you agree to indemnify and hold us harmless from any liability for any claimed direct, indirect, incidental, punitive, or consequential damages pertaining to your receipt of the Information.
Risks Related to the Profiled Issuers
- * We do not provide you with all of the risks related to the Profiled Issuers and to understand such risks you must conduct your own due diligence with the assistance of your legal, tax and investment advisor.
- * If you invest in the securities of a Profiled Issuer you could lose your entire investment;
- * The continued operations and future prospects of the Profiled Issuer may be dependent upon receiving adequate financing which they may be unable to obtain.
- * If a Profiled issuer is an SEC reporting company, it could be delinquent (not current) in its periodic reporting obligations (i.e., in its quarterly and annual reports) or OTCMarket’s Pink Sheet quoted company may be delinquent in its Pink Sheet reporting obligations as reported by the OTCMarkets News Service’s or Otcmarkets.com’s posting a negative sign pertaining to the Profiled Issuer 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;
- * Often the Profiled Issuers are development stage companies with little or no operations, and their securities should be considered extremely speculative for investment purposes;
- * The Profiled Issuers are negatively affected by the current economic downturn and may have a lack of adequate financing to meet their operating expenses, operational goals and expansion plans;
- * The Profiled Issuers may have inadequate financing to pursue their operational plans and support their ongoing operations;
Risks Related to our acquiring securities of the Profiled Issuers
- * The Information may advise investors to buy an issuer’s shares while we sell securities of the same issuer.
- * We may receive free trading shares as compensation or acquire such shares in open market transactions before and during the Campaigns, and we may sell the shares we acquire at any time, even during the Campaigns while publishing the Favorable Information. When we sell the shares of the Profiled Issuers that we hold, the price at which investors can sell their shares will likely decrease;
- * We may sell securities of the Profiled Companies for less than target prices set forth in the Information, and we may profit by selling our securities during the Campaigns while investors encounter losses;
- * When we acquire, purchase or sell the securities of the Profiled Issuers, it may (a) cause significant volatility in such issuer’s securities; (b) cause temporary but unrealistic increases in volume and price of such issuer’s securities; (c) if selling, cause the Issuer’s stock price to decline dramatically; and (d) permit us to make substantial profits while you experience losses;
- * The securities of the Profiled Companies are high risk, unstable, unpredictable and illiquid which may make it difficult for investors to sell their securities of the Profiled Issuers;
- * If we are compensated in improperly free trading securities of the Profiled Issuers, either directly or indirectly from persons who claim to be non-affiliates of such Profiled Issuer, we and the Profiled Issuer or third party could be subject to SEC Enforcement action, including allegations of an illegal distribution in violation of Section 5(a) and 5(c) of the Securities Act.
- * We plan to sell the shares that we hold during the time the Website and/or Information recommends that investors or visitors to the website purchase without further notice to you. We may buy or sell additional shares in the open market at any time, including before, during or after the Website and Information, provide public dissemination of favorable Information about Public Company we are profiling.