Terms and Conditions

ETFOptimize Terms and Conditions

Please read this agreement before using the products and services provided by Optimized Investments, Inc. via our website, ETFOptimize.com™. By completing a subscription form or paying for a product or service with a credit card, PayPal, or other payment option offered on this website, that action confirms that you accept and agree to be bound by the ETFOptimize Terms and Conditions, including all text and graphics displayed herein.

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 any issues or questions, and we will do our best to resolve the problem 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 presented 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 50 econometric ratios, measures of market internals, fundamental stock factors, investor sentiment, and quantitative technical signals that are analyzed by each model's 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 investment approach 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 Return. 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 their investment activities. To match the performance of a subscription strategy, investors should closely follow the model's recommendations.

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 Registered Investment Advisor (RIA), is NOT a registered financial advisory service, and provides NO personalized investment recommendations. Neither the Company, nor ETFOptimize.com™, nor any member of its staff can serve you in the capacity of a Registered Investment Advisor, Broker/Dealer, Financial Analyst, Bank, Securities Broker or Financial Planner. All research reports, analytical compositions, white papers, and the systematic (computerized) models in our ETF Investment Strategy Suite™ are widely published to a broad, international audience. We provide valuable, detailed market and ETF information to the fullest range of investors. The signals supplied by the ETFOptimize Investment Strategies do not contitute investment advice. They offer detailed examples of the successful use of automatic, algorithmic investment strategies with all transactions determined by a computer and quantitative-analysis software. Users of this 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™ provides a bona fide publication of general and regular circulation offering quantitatively generated investment information and investment analysis for members of the public (i.e.., not tailored to the idiosyncratic investment needs of specific individuals). If a subscriber or prospect asks us a personalized investment question via our Support Ticket System, we will politely explain that we cannot legally answer the question, and refer individuals with these questions to a Registered Investment Advisor (RIA), an investment/finance/tax professional, or an online resource where they may conduct research and find assistance.

Avoiding drawdowns and minimizing risks is designed into every ETFOptimize Premium Strategy™, but investors have various levels of risk tolerance, and each individual must determine for themselves which product is appropriate for their needs. Although we provide some suggestions to aid in this undertaking, ultimately, the choice of subscriptions must be determined by the subscriber. We publish all information for a wide array of potential users, and subscribers must decide for themselves if – and which – of our products are most appropriate for their needs.

Please be aware that if you request personalized advice from any member of the ETFOptimize.com™ staff, we must refuse your request. So there is no misunderstanding, we will be very straightforward about our decline to assist you. Please do not take this response as rude – regardless of how much we would like to help, Federal law prohibits our provision of personalized assistance to individual investors. Should you desire personalized or in-depth investment advice, please consult with a Registered Investment Advisor (RIA) or other investment/finance professional. Users may wish to research the background and experience of financial advisors, brokers, and investment firms they are considering 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 ETFOptimize.com™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 their investment funds. 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 Company 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) DISCLOSURES REGARDING BACKTESTED PERFORMANCE

All quantitative and rules-based investment models have foundations established by backtesting. While backtesting has several drawbacks, they are still the optimum way to examine the performance and viability of investment ideas until science demonstrates reliable time travel.

We take many steps to guard against data errors and over-optimization mistakes that can easily make backtests dangerous. However, all models must first run it through a series of backtests to establish 'proof of concept' – i.e., the model's viability as a profitable investment approach.

All quantitative investment-system designers make regular use of backtests to develop their models, and ETFOptimize is not different in that regard. If included as part of a Premium Strategy's presentation to the public, we identify backtested/synthetic-period results, distinguishing the day the strategy was offered live to the public in that presentation.

In some cases, our research content (such as 'Inside Secrets' blog articles, 'ETFOptimize Insights' and 'Quick Look' 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 can have inherent limitations. These limitations are mostly related to the idea that the market's future performance won't necessarily repeat the its past performance, but it will usually rhyme (i.e., statistically significant similarity).

Also, while each of our strategies is operated out-of-sample for a substantial time (some for more than a decade) before being offered to the investing public as a product, the foundation of all algorithmic investment strategies must, at least in their formative stages, be based on carefully crafted backtesting using historical data to establish the optimum configuration parameters.

While we go to great lengths to ensure simulated performance's accuracy and repeatability (the basis for all scientific inquiry), live trading results will never precisely match backtests. 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 both hindsight and biases (whether conscious or unconscious) may have contributed to their design.

ETFOptimize uses numerous techniques to ensure that out-of-sample investment results will be as close as possible to past performance simulations. These techniques include not fine-tuning parameters or over-optimizing past performance, always providing for slippage and other transaction costs, requiring ample liquidity and minimal spreads in every security purchased, and generous profit per trade, introducing random errors split-testing, and other methods to ensure out-of-sample robustness.

The Company retains the right to modify the algorithms, computations, charts, or other aspects as needed to implement refinements, enhancements, or improvements to an investment approach or Premium Strategy – without prior notice to subscribers. Investment strategies are living products that exist in a dynamic economic and investment environment and cannot maintain a status appropriate in the past but not suitable under changing future conditions. If deemed appropriate, we may discontinue investment strategies at any time without prior notice.

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 anywhere else. We only require that you provide backlink to the source material, with proper attribution (at a minimum, "Source: ETFOptimize.com") when you quote our content.

Additionally, we must protect our password-protected intellectual property from widespread distribution that will erode the Company's profitability and competitive advantage. For this reason, we require your agreement to the following rules before you may proceed to becoming a customer:

6a) By subscribing to a Premium Strategy, you certify that all information you provide in your registration is accurate;

6b) Professionals and Wealthy Investors: Unfortunately, we cannot allow individuals or firms managing more than $10 million to use our Premium Strategy products (listed here) that we offer to individual investors.

This limitation benefits both smaller investors and larger, professional investors. We can provide larger investors with universes of ETFs that will easily accomodate larger trades, and in many cases, we can offer professional investors with higher returns if desired. This limitation applies to individual investors with accounts of more than $10 million – and professional asset-management firms such as Mutual Funds, Pension Funds, Hedge Funds, Retirement Funds, Endowments, Registered Investment Advisors, and other Money Management organizations that involve pooling and management of assets.

Sometimes the ETFs we use in our retail-investor-oriented models may not have the robust liquidity necessary to accommodate large transaction sizes. Any investor who manages an account of $10 million or more – whether your funds or money you manage for clients – should contact the ETFOptimize management team to discuss a custom-model configuration with higher-liquidity ETFs that will accommodate your needs, or a 100% bespoke investment strategy.

Costs for Professional Clients

We offer professionals and wealthy investors multiple options and price levels from which to choose, so please contact ETFOptimize using a Support Ticket at your earliest convenience to discuss how we can best help you. Please include the following information in your message:

• Your Name,
• Your title,
• Company name,
• Type of firm,
• The amount of funds you anticipate managing with the ETFOptimize service,
• Email address, and
• Phone number with best time to call.

6c) 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.

6d) 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.

6e) 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.

6f) 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.

6g) 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.

6h) 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.

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

6j) 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 PASSWORD

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. Using modern security standards, all passwords are encrypted. To dissuade hackers from burrowing into our database, we do not retain your password, your billing information, nor any of your personal information. For this reason, 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 © 1998 - 2023 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. The best option is to not allow your subscription to lapse, by staying abreast of your subscription and keep your information current.

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 complications.

On the other hand, ETFOptimize reserves the right to challenge chargeback efforts because it reflects poorly on our business, can cause increased costs for payment processing, and shows that we do not resolve customer issues, which is simply not true. Just ask: we pledge to accomodate all legitimate requests.

13) REFUND / GUARANTEE

To allow new subscribers the opportunity to try ETFOptimize.com™ risk-free, we offer two features to instill confidence – i.e., a 14-Day Free Trial and a 60-day, 100% Money-Back Guarantee for Monthly/Quarterly Subscriptions. Our 60-day Satisfaction Guarantee is intended to provide first-time users with the reassurance they need to try our high-profit investment approaches on a risk-free basis. Refunds are not available to Annual subscribers.

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. We will use this feedback to improve our products and services for future users.

Terms and Conditions for Refunds:

13a • Our refund policy is intended to support first-time subscribers who are not familiar with systematic, data-driven investing using ETFs. Our policy allows subscribers to have a risk-free period to assess our computerized , algorithmic approach. For this reason, ETFOptimize.com™ subscribers are eligible for only one refund in their lifetimes, with a refund period that begins with your first subscription. In other words, you cannot sign up for a model, ask for a refund on day 58, then start a new model subscription and then repeat the refund process. There is only one refund allowed per subscriber lifetime.

We maintain all subscriber refund records permanently. If you join again and make a subsequent refund attempt, our policy is to deny your refund request because it is an abuse of our good intention. You are welcome to the return of your money if you are a legitimately dissatisfied new user, but please don't abuse our generous offer. Our refund offer is in place to help instill confidence in investors who are unfamiliar with ETFOptimize and quantitative investment strategies.

13b • You are not eligible for the refund offer if you are a returning subscriber to the ETFOptimize.com™ website on a new subscription. The purpose of our refund policy is to empower first-time users to try the ETFOptimize strategy approach and our website content at no risk. If you are already familiar with the site and our approach, you are not later eligible for a refund for a subsequent subscription.

13c • It is the subscriber's responsibility to communicate with us via our Support Ticket System to let us know you would like a refund of your subscription cost within the allocated 60 days. Other methods of contact will not be honored because other methods don't provide systematic documentation. For example, a subscriber may not leave a message on an answering machine because a) we don't offer telephone support, and b) the subscriber may have dailed and left a message on the wrong number. It's easy to write a simple sentence requesting a refund in a Support Ticket. We will contact you via the email address you provide.

13d • Our 60-Day Money-Back Refund Policy is only applicable to Monthly and Quarterly subscribers. Annual subscriptions are not eligible for a refund. If you are unsure that you will want to continue with an ETFOptimize strategy for the long term (i.e., for a year or more) – or if you want to subscribe with the confidence that your satisfaction is guaranteed for 60 days, please use a Monthly Subscription. Once you are confident in our systems, you can easily cancel your monthly subscription, switch to an Annual payment plan, and save an additional 17% or more.

13e • You must make your refund request within the first 59 days after the day your subscription begins. If you wait until the beginning of the third month or later to ask for a refund, you will be denied because 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, whether our investment strategies are appropriate for you, and which strategy is most appropriate 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 like to hear from you if you're satisfied with ETFOptimize.com's current product offerings – as well as if you have suggestions for additions or changes. We invite your feedback or questions via our Support Ticket system at any time (but please remember that we cannot offer investment advice). Thank you for your patronage!

Please visit the ETFOptimize ETF Investment Strategy Suite. We plan to add new Premium Strategies soon!

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