TERMS AND CONDITIONS AGREEMENT
Please read this agreement before using the products and services provided by Optimized Investments, Inc. and ETFOptimize.com. Your subscription and navigation of the ETFOptimize website inherently imply that you accept the Terms and Conditions set forth below. Do not continue further on this website if you do not wish to be bound by the following Terms and Conditions.
CONTENT QUICK LINKS:
1) WHAT WE DO
2) NOT PERSONAL FINANCIAL ADVISORS
3) NOT LIABLE FOR LOSSES
4) DISCLAIMER REGARDING SIMULATED RESULTS
5) DISCLAIMER REGARDING PAST PERFORMANCE
6) SUBSCRIPTION RULES
7) LOST PASSWORDS
8) COPYRIGHT PROTECTED CONTENT
9) SUBSCRIPTION BILLING POLICIES
10) KEEP YOUR SUBSCRIPTION CURRENT
13) REFUNDS / GUARANTEE
14) BILLING ERRORS
15) YOUR OBLIGATIONS
16) VENUE FOR DISPUTES
17) OUR PROMISE TO YOU
Optimized Investments, Inc. (hereafter, "Company") agrees to make the ETFOptimize.com™ website, model strategies, proprietary ETF-selection methods, market and investment analysis and forecasts, and other investing-related products/services available to you with your agreement to the Terms and Conditions set forth on this page.
By subscribing to any of the model strategies and other features of ETFOptimize.com – or using the research and analysis information provided on the pages herein, you accept the disclaimers and Terms/Conditions on this page and agree to be bound by the stipulations contained herein.
We hope you have a profitable and problem-free experience with ETFOptimize.com. Please contact us if you have an issue and we will do our best to resolve the issue to your satisfaction.
1) WHAT WE DO
Optimized Investments, Inc. is an internet-based research and publishing company providing education, information, and tools related to an approach to investing that utilizes quantitatively based ETF-rotation strategies. These strategies are offered on the ETFOptimize.com™ website and use an automated, algorithmic, investment-selection process without discretionary human intervention and rely on a combination of more than two-dozen econometric ratios, measures of market internals, and fundamental stock factors that are regularly analyzed by the algorithms.
Each week these algorithms assess current conditions and select the ETF(s) most likely to provide the highest risk-adjusted return for that particular strategy's theme in the coming weeks and months. The objective of each approach is to optimize investment performance while minimizing financial risk incurred, thereby maximizing risk-adjusted returns. It is at the subscriber/user's discretion on whether or not they use these tools and users bear the sole responsibility for any losses they may incur from investment activities.
The ETFOptimize.com™ website contains blog posts, research papers, editorials, market reports, and other content with analysis related to the U.S./world economy and specific markets as well as review and ratings about particular proprietary trading strategies. Subscribers assume the use of the information and opinions in ETFOptimize.com™ entirely at their own risk, and it is the sole responsibility of subscribers/users to investigate the accuracy, completeness, appropriateness, and usefulness of all information.
2) ETFOptimize DOES NOT PROVIDE INVESTMENT ADVICE
ETFOptimize.com™ is NOT a financial advisory service and provides NO personalized financial advice. Neither the Company, nor ETFOptimize, nor any member of its staff are Registered Investment Advisors, Broker/Dealers, Financial Analysts, Banks, Securities Brokers or Financial Planners. All research reports, analytical compositions, white papers, and the models in our ETF Investment Strategy Suite are broadly based and delivered, with the objective of providing benefit to the fullest range of investors. The signals supplied by the ETFOptimize Investment Strategies should not be construed to be investment advice. Users of the information provided bear the sole burden of decisions about their finances and investments.
The freedom to broadly publish the methods and results of this analysis and other investment information is based upon the "Publisher's Exclusion" from the definition of "investment adviser" as provided under Section 202(a)(11) of the Investment Advisers Act of 1940 and corresponding state securities laws. ETFOptimize.com™ is a bona fide publication of general and regular circulation offering impersonal investment-related opinions to subscribers and prospective subscribers (e.g., not tailored to the specific investment needs of each person).
With a selection of strategies targeted to different levels of investor risk tolerance, users must determine for themselves which product is appropriate for their needs. While we provide some broad suggestions to aid in this undertaking, ultimately the decision depends on the user. We publish all information for a wide array of potential users, and subscribers must determine for themselves if our product is appropriate for them and when and how to use the information. Please be aware that if you request personal advice from ETFOptimize, we will refuse your request. Please do not take this response as rude – regardless of how much we might enjoy helping you, it is a Federal law by which we must abide.
3) NOT LIABLE FOR INVESTMENT LOSSES
Investing in securities can entail substantial risk, and the possibility exists that you can lose all, most, or a portion of your investment capital.
You agree that under no circumstances will ETFOptimize.com, the Company, nor any of its principles, employees, associates, vendors, or affiliates BE RESPONSIBLE FOR ANY LOSSES YOU INCUR in your investment activities or from the use of the recommendations from any of the several strategies available. Neither ETFOptimize.com, the Company, nor any employee of the company handles customer investment funds. Users are wholly responsible for the decisions they make regarding your investments. Past returns, whether actual, hypothetical, implied or otherwise, are not indicative of future profits and should not be relied upon for investment decisions.
ETFOptimize.com is an informational publication, with content that is intended for use as an informational and educational tool, and therefore has no fiduciary duty to subscribers. Under no circumstance shall the Compan or any affiliate or vendor be liable for direct, indirect, incidental, special, punitive or consequential damages that result in any way from your use or reliance upon information published at ETFOptimize.com™, or that results from mistakes, omissions, interruptions or deletions of files, errors or defects in the ETFOptimize.com™ website and material, delays in operation, transmission or failure of performance. If you are dissatisfied with any aspect of ETFOptimize.com™, your sole and exclusive remedy is to discontinue using the ETFOptimize.com™ strategies and analysis information and cancel your subscription.
All ETFOptimize.com™ content is provided "as is" and on an "as available" basis without warranties of any kind, either expressed or implied, including without limitation warranties of merchantability or fitness for a particular purpose. Neither the Company nor any of its affiliates or vendors warrants that the ETFOptimize.com™ content information will be accurate, complete, uninterrupted or error-free. It is your responsibility to confirm that critical information is accurate before making a decision based upon it.
4) DISCLAIMER REGARDING PAST PERFORMANCE
Past performance is not necessarily indicative of future results. Unfortunately, since every possible contingent scenario cannot be planned for and built into algorithmic models, it is impossible to guarantee the future performance of any investment activity based on past performance. Neither ETFOptimize.com nor the Company can's guarantee that out-of-sample performance will match previous in-sample results.
5) DISCLOSURE REGARDING BACKTESTED PERFORMANCE
In some cases, the research content, blog articles, market reports, and other information presented in the pages of ETFOptimize.com is based on hypothetical and simulated performance results, which have specific inherent limitations. Likewise, the foundation of all algorithmic investment strategies must be based on backtesting using prior, historical data. Unlike out-of-sample performance records, while we take many steps to ensure accuracy, simulated results cannot always match live trading, and such performance may have under- or over-compensated for the impact, if any, of various market and transactional factors. Simulated trading programs, in general, can also subject to the fact that hindsight may have contributed to the benefit of their design.
We make many efforts to ensure that long-term, out-of-sample strategy results will be equivalent to representations of performance records (including not fine-tuning parameters for the highest past performance, always including commissions other transaction costs, having ample liquidity requirements in every security purchased, requiring generous profit per trade, and many more accuracy components). For the reasons stated above, we cannot legally represent that your account will or is likely to achieve the same profits (or losses) as those shown or described in the ETFOptimize.com content.
6) SUBSCRIPTION RULES
All ETFOptimize.com™ material that is available without a password can be shared with friends, family, associates, or anyone you choose on social media, personal blogs, or other locations. We only ask that you provide a link back to the source material when you use our content.
Additionally, we must protect our password-protected intellectual property from the kind of widespread distribution that can erode the Company's profitability. For this reason, we require your agreement to the following rules before proceeding:
6a) By subscribing to a Premium ETF Investment Strategy, you certify that all information you provide in your registration is accurate.
6b) You agree that you will not share your username/password, a URL, or other access information for a Premium ETFOptimize.com™ strategy with any other individual or organization unless given prior approval by ETFOptimize.com in writing. Please contact us if you have a justifiable need for additional password access for another party in your household or office. We are willing to work with you if the request is reasonable.
6c) You agree that you will not post or publish URLs or passwords, or other access information for any Premium ETFOptimize.com™ strategy on the internet (digitally), in print, in broadcasts, or any other means.
6d) We welcome other websites to quote our material and refer to our proprietary research, but we ask that you contact us first for authorization. You agree not to copy or duplicate any content on this website to share with another person or persons unless given prior written approval by the staff of ETFOptimize.com. If you would like permission to reprint sections of our content, please contact us.
6e) Should we discover that your passwords are being used widely to access a Premium ETFOptimize.com™ subscription strategy, or your passwords are being used for malicious intent, we will terminate your access forthwith.
7) LOST PASSWORDS
As a registered user, you can retrieve your password at any time. Passwords are managed by our subscription software that tracks both payment processing and controls access management. Following modern security standards, all passwords are encrypted, and our staff is unable to retrieve your password for you.
If you forget or lose your username/password, please visit the Login Page on the ETFOptimize website. On that page, below the boxes to enter passwords is a link that says, FORGOT PASSWORD?' Enter your email or username and follow the instructions to retrieve your passwords instantly. If for some reason you are unable to receive your passwords in this manner, please contact us for further assistance.
8) ALL CONTENT IS COPYRIGHT PROTECTED
The content published on ETFOptimize.com™ is copyright protected, Copyright © 2004 -
ETFOptimize.com, published by Optimized Investments, Inc. All rights reserved. The material may not be shared or used by any other party, with the following exceptions:
a) You may reprint - on a one-time-only basis - brief excerpts (no more than three consecutive sentences) of our content if you give full credit to ETFOptimize.com™ and provide a link to our site, http://ETFOptimize.com.
However, if you wish to do more than this, or more often, please contact us for permission.
b) If you wish to quote a more extensive section of our content or a portion of material or a table from our proprietary research, please contact us to receive written permission. Please be prepared to provide the location (URL) of the proposed use, context, and the particular content you are interested in reprinting. We are usually more than happy to accommodate users but would like to keep track of how others are using our material.
9) SUBSCRIPTION BILLING POLICIES
All subscriptions are rebilled automatically (recurring subscription payments) on a monthly schedule, from the time of your signup until you submit an electronic request to stop the subscription. You may cancel your subscription at any time, and it will conclude on the next renewal date (see #12 below for cancellation policy). You will continue to have access until the day of expiration.
10) KEEP YOUR SUBSCRIPTION CURRENT
You may need to UPDATE YOUR CREDIT CARD INFORMATION from time-to-time to keep your subscription active. If your credit card on file expires and you receive a new card, your membership could be interrupted if you do not update your information. Be aware that if you have to join anew, you will likely not be able to receive any prior discounts or promotions that you previously received. However, there is a solution:
If you receive a new Credit Card, please follow these steps:
If you joined using PayPal, please visit their website and log in, then follow the instructions to update your card at their site. To update your card info with any other payment-processing method that we use, please visit our Support page and submit a ticket for updated instructions.
To cancel your service, please log in to your subscription. Just below your username, there is a menu with three buttons. The first button is a symbol with several interlaced blocks. That is followed by 'Signup Form,' and 'Customer Profile.' Select the first button (block) on the left. This section shows your current Active Subscription(s), and to the right of the strategy, there is a link that says "Cancel." If you are sure you wish to cancel, click that button and follow the instructions.
Important: Subscriptions should be canceled at least two days before your renewal date to avoid a charge for the next billing cycle. For example, if you joined with a monthly subscription, you should cancel by the 28th day following your last billing in another month to avoid being charged on that billing cycle. Cancellations after the three-day buffer will result in billing for another month, and your subscription will expire at the end of the following 30 days.
Please do NOT cancel your subscription by doing a chargeback. Chargebacks require a lot of wasted time and paperwork for you as well as for our team. Unless there has been fraud involving a third party, there should be no reason for a chargeback. Please CONTACT US if you have any issues whatsoever and we will make every attempt to resolve the matter to your complete satisfaction. In 99.9% of cases, we will issue an immediate, full refund upon request if there are no other complications to the matter.
On the other hand, ETFOptimize will challenge all chargeback efforts because it reflects poorly on our business, can cause increased rates for processing, and shows that we do not resolve customer issues, which is not true.
13) REFUNDS / SATISFACTION GUARANTEE
To allow new subscribers the opportunity to try ETFOptimize.com risk-free, we offer a 60-day, 100% Money-Back Guarantee. The 100% Money-Back Satisfaction Guarantee is intended to provide first-time ETF-strategy subscribers with the reassurance they need to try adaptive, quantitative investing with ETFOptimize.
New subscribers may cancel at any time in the first 58 days after their paid subscription begins and receive a full refund upon request. There is nothing required to qualify for this refund, but we may ask your reason for canceling and your refund request so that we may improve our products.
There are some minimal terms for refunds as follows:
• Our refund policy is intended to assure first-time subscribers that they can join at no risk, as they are not familiar with our systematic strategies or their performance. For this reason, ETFOptimize.com subscribers are eligible for only one refund in their lifetime. We maintain all refund records permanently and if you join again and make subsequent reimbursement attempts our policy is to deny the refund because it is an abuse of our good intentions. You are welcome to the return of your money if you are legitimate unsatisfied, but please don't abuse this generous system which is in place to help instill confidence in new users.
• You are not eligible for the refund offer if you are a returning subscriber of the ETFOptimize.com website and starting another subscription. The purpose of the refund policy is to empower users to try ETFOptimize at no risk. If you are already familiar with the site and are returning, you should not be eligible for a refund.
• It is your responsibility to send us a message (via our Support System) that lets us know if you would like a refund of your subscription cost.
• Refund requests must be made within the first 59 days after your subscription begins. If you wait until the beginning of the third month or later to cancel to ask for a refund, you are ineligible for a refund.
14) BILLING ERRORS
Please contact us if you discover a billing error. We will do everything we can to resolve any problems that you might have. If our payment processor has made a rare billing error, we will immediately issue a refund of that billing if our investigation shows the error on our part. If a billing error does occur, please send us a message (via our Support System).
15) YOUR OBLIGATIONS
You are obligated to self-assess (or to consult with an advisor to help you assess) your economic situation, risk tolerance, and the appropriate investment strategy from our selections. You are obligated to take full responsibility for your investment decisions and self-determine whether the ideas discussed in ETFOptimize.com™ are suitable for your needs.
16) VENUE FOR DISPUTES
You agree that the Interstate Commerce laws of the United States of America and the commerce laws of the State of Colorado govern this agreement. We hope to quickly and easily resolve, in a mutually acceptable way, any issues you may have. If you have a problem or question, please Contact Us. Our goal is to make sure every subscriber is thrilled with their subscription to ETFOptimize, and hope you become an enthusiastic advocate for our services to your family, friends and business associates.
Should a legal matter arise that we cannot mutually resolve via email, you agree that the appropriate venue for all significant legal issues is a mutually acceptable independent arbitration firm located in Denver, Colorado.
17) OUR PROMISE TO YOU
need to be a more consistently successful investor. The objective of all our strategies is to provide steady, profitable investment returns year-after-year, regardless of the market environment. We promise that we will do our best to make our subscribers more knowledgeable and prosperous investors.
HOW TO CONTACT US / PROVIDE FEEDBACK
If you ever have a concern or problem with the site, please don't hesitate to contact us and we'll work diligently to resolve the issue.
We would also like to know if you're happy with ETFOptimize.com's current product offerings or if you have suggestions for additions/changes. We invite your feedback or questions via a support ticket at any time. Thank you for your patronage!
Please visit our ETFOptimize ETF Investment Strategy Suite!