ETFOptimize Terms and Conditions

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ETFOptimize Terms and Conditions

Please read this agreement before using the products and services provided by Optimized Investments, Inc. and ETFOptimize.com. Your subscription and/or navigation of the ETFOptimize website inherently confirms 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) DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
4) DISCLAIMER REGARDING PAST PERFORMANCE
5) DISCLAIMER REGARDING SIMULATIONS
6) SUBSCRIPTION RULES
7) LOST PASSWORDS
8) COPYRIGHT PROTECTED CONTENT
9) SUBSCRIPTION BILLING POLICIES
10) KEEP YOUR SUBSCRIPTION CURRENT
11) CANCELLATIONS
12) CHARGEBACKS
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 provided to the public on the ETFOptimize.com™ website and use an automated, algorithmic investment-selection process without discretionary human intervention. This system relies on a combination of more than three-dozen econometric ratios, measures of market internals, fundamental stock factors, and technical signals 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.com, 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 provided information bear the sole burden of decisions related to their finances and investments.

ETFOptimize.com™ operates according to the parameters set forth by the "Publisher's Exclusion" for Investment Advisers, as provided by 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 algorithmically generated investment data and investment-related opinions for subscribers and the public (e.g., not tailored to the specific investment needs of different individuals).

With a selection of strategies designed for various levels of investor risk tolerance, users must determine for themselves which product is appropriate for their needs. While we provide some 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 personalized advice any member of the staff of ETFOptimize.com™, we must refuse your request, and we will be very straightforward about this refusal so there is no misunderstanding. Please do not take this response as rude – regardless of how much we would like to assist you, Federal law our provision of assistance to individual investors. Should you desire investment advice, please consult with a Register Investment Advisor (RIA) or other investment/finance professional. Users may wish to research the background and experience of financial advisors, brokers, and investment firms using the FINRA website tool.

3) DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY

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 CIRCUMSTANCE will you hold ETFOptimize.com, the Company, nor any of its principles, employees, associates, vendors, or affiliates RESPONSIBLE FOR ANY LOSSES YOU INCUR in your investment activities or from the use of the recommendations from any of the models offered by subscription or in any of the complimentary information articles provided to non-subscribers. 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 results from mistakes, omissions, interruptions or deletions of files, errors or defects in the ETFOptimize.com™ website and materials, 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.

The provision of all ETFOptimize.com™ content is "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 correct before making a decision based upon it.

4) DISCLAIMER REGARDING PAST PERFORMANCE

Because we live in an unpredictable world, ETFOptimize cannot anticipate every future investment scenario and account for those unimagined scenarios in the design of our algorithmic investment models. For this reason, it is impossible to assure you that the future performance of any investment approach, model, or strategy will match its past performance and we make no attempt to imply otherwise.

To the contrary, we stringently insist on the disclaimer that past performance is not necessarily indicative of future results. This statement is provided at least once on every page of the site and should one page, URL, website resource, or graphic not contain this statement it is enforced holistically across the entire ETFOptimize.com website and all its components.

5) DISCLOSURE REGARDING SYNTHETIC PERFORMANCE

In some cases, the research content, blog articles, market reports, performance presentations, and portions of subscription investment models and other information presented in the pages of ETFOptimize.com may use hypothetical and simulated performance results, which have specific inherent limitations. Also, while each of our strategies has been operated out-of-sample for long periods of time before offered as a subscription product (some for more than 20 years) the foundation of all algorithmic investment strategies must, at least in its formative stages, be based on carefully crafted backtesting using historical data to inform the appropriate configuration parameters.

While we take great effort to ensure accuracy and duplicability, 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 be subject to the fact that hindsight may have contributed to the benefit of their design.

We take numerous steps to ensure that out-of-sample investment modelresults will be equivalent-to or greater-than representations of performance records (including not fine-tuning parameters for the highest past performance, always including commissions and other transaction costs, having ample liquidity requirements in every security purchased, requiring generous profit per trade, and many more components that ensure out-of-sample accuracy).

The Company retains the right to make modifications to the algorithms, computations, charts, or data as needed to make refinements, enhancements, or improvements to accuracy – without prior notice to subscribers. Investment strategies are living products that exist in a dynamic economic and investment environment, and cannot be locked into a status that was appropriate in the past but may not be suitable under changing future conditions. The availability of all investment strategies may be discontinued by the Company at any time without prior notice to any party involved.

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 require that you provide a link back to the source material, with proper attribution ("Courtesy of ETFOptimize.com" or "Source: ETFOptimize.com") when you quote 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 commercial 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.

6f) Unauthorized use of ETFOptimize's website and systems, including, but not limited to, unauthorized entry into ETFOptimize's systems, misuse of passwords or misuse of any other information is strictly prohibited. You may not use this website in any manner that could damage, disable, overburden, or impair any ETFOptimize site or service or interfere with any other party's use and enjoyment of any ETFOptimize site or service. You may not attempt to gain unauthorized access to any ETFOptimize site or service, computer systems or networks connected to any ETFOptimize site or service, through hacking, password mining, brute force attacks or any other means. You agree that you will not engage in any activities related to this website that are contrary to applicable laws or regulations.

6g) ETFOptimize.com reserves the right, in its sole discretion, without any obligation and without any notice requirement, to change, improve or correct the information, materials and descriptions on this website and to suspend and/or deny access to this website for scheduled or unscheduled maintenance, upgrades, improvements or corrections. Them information and materials on this website may contain typographical errors or inaccuracies. Any dated information is published as of its date only, and ETFOptimize does not undertake any obligation or responsibility to update or amend any such information. ETFOptimize may discontinue or change any product or service described in or offered on this website at any time without notice. Algorithmic trading models may be upgraded, improved, modified, or changed at any time without notice to subscribers.

6h) ETFOptimize.com reserves the right to deny service to any individual, company, firm, or entity at our sole discretion and without explanation or notice.

6i) If any user discovers an incident of ETFOptimize sharing of passwords or any other unauthorized use occurring anywhere on the Internet, we urge you to notify us at your earliest convenience so that the situation can be rectified to the full extent of the law. We reward whistleblowers with substantial compensation while maintaining your anonymity.


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 - 2019 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 brief excerpts (no more than one paragraph or three nonconsecutive sentences) of our content if you credit the information to ETFOptimize.com™ and provide a link to our site, https://ETFOptimize.com. However, if you wish to do more than this, or quote our content more often or on a regular basis, please contact us for permission.

b) If you are an affiliate of ETFOptimize.com and are receiving commissions, you have far more discretion in what you are allowed to reprint. Please contact us for affiliate sign-up and guideline information.

c)  If you are a non-affiliate and 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 website,  specific location (URL) of the proposed use (if available), purpose, and the specific content you are interested in reprinting. We are usually more than happy to accommodate users but would like to know how our material is being used.

9) CONTENT ACCESS POLICIES

ETFOptimize.com and related websites are based on a subscription model. All subscriptions are rebilled automatically (recurring subscription payments) on a monthly, quarterly, or annual schedule, from the time of your registration 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 your subscription's 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. Also, we increase prices from time-to-time to stay abreast of inflation, and you will lose out on prior lower prices if your subscription lapses.

If you receive a new Credit Card, keep your subscription up-to-date by following these steps:

If you joined using PayPal, please visit their website and log in, then follow the instructions to update your card on the PayPal site. If you joined using a non-PayPal-related credit-card, and need to update your card with another payment-processing method that we use, please visit our Support page and submit a ticket for updated instructions.

To update your personal information, including name, address, phone, or email address, please log-in to the Subscriber's Menu and select 'Customer Profile' to update your information.

11) CANCELLATIONS

You can cancel your subscription at any time from the Subscriber's Menu Page. To proceed, please log in to your subscription by clicking the link that says, "PREMIUM LOG-IN/Menu" in the black bar that spans the top of every page. Just below the site logo in the upper left corner and your username, you have the menu bar with three buttons. The first button is a symbol with several interlaced blocks that represents the 'Dashboard,' followed by buttons for 'Add/Renew Subscription,' and 'Customer Profile.' Select the first button (interlaced block) on the left.

This section shows your current Active Subscription(s) along with links to all the site features below and to the right. To the right of the strategy names, there is a link that says "Cancel." If you are positive you wish to cancel your subscription, click that button and follow the next instructions. Your subscription will expire on your normal rebill date, and you will not be billed again.

Important: Subscriptions should be canceled at least a day or two 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.

12) CHARGEBACKS

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 simply not true. Just ask: we'll accomodate!

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 the effective investment approach offered by ETFOptimize.

New subscribers may cancel at any time in the first 59 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 as feedback so that we may improve our products for future users.

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 a legitimately unsatisfied new user, but please don't abuse this generous system which is in place to help instill confidence in individuals who are unfamiliar with ETFOptimize.  

•  You are not eligible for the refund offer if you are a returning subscriber of the ETFOptimize.com website. The purpose of the refund policy is to empower users to try the ETFOptimize strategies at no risk. If you are already familiar with the site, you are not later eligible for a refund.

•  It is the subscriber's responsibility to communicate with us (via our Support System) to let us know 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 ask for a refund, you are deemed ineligible as your risk-free time to assess the product will have expired.

14) BILLING ERRORS

Please contact us as soon as 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 demonstrate an error has. If you feel that a billing error has occurred, please notify us.

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

We will perform to the best of our ability to provide you with high quality and accurate investment information that will help make you a more successful investor. The objective of all our strategies and each of the published articles on the site is to help you attain steady, profitable investment returns year-after-year, regardless of the market environment. We promise that we will do all we can to ensure that you are more prosperous at the end of every year than you were when the year began.

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!


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