"I believe in my experience, methods, and approach strongly enough that if you aren’t entirely happy within the first two months, I’ll return the entire Subscription Fee."
Tactical Asset Allocation Strategies, LLC ("TAAS") and Subscriber agree as follows:
- Money Back Guarantee and Refunds: I believe in my experience, methods, and approach strongly enough that if you aren't entirely happy within the first two months of your Subscription, I'll return the entire Subscription Fee. Money Back Guarantee applies to initial subscription only. Subscription Fees are not otherwise refundable except that Subscriber shall be due a pro-rata refund for any unpublished rebalance notices.)
- All Strategies Service: TAAS develops and publishes model investment strategies based on its proprietary Market Condition Model, Condition Fund Baskets, Adaptive Dynamic Momentum, and Tactical Model. TAAS will email, at the end of each month, the current state of the TAAS Market Condition Model together with detailed allocations and rebalance instructions for all current TAAS Strategies. Subscriber is responsible for executing the rebalance.
- Income Strategy Service: TAAS develops and publishes the Tactical Adaptive Income Strategy based on its proprietary Adaptive Dynamic Momentum, Tactical Model and Fund Basket. TAAS will email, at the end of each month, detailed allocations and rebalance instructions for the Tactical Adaptive Income Strategy. Subscriber is responsible for executing the rebalance.
- Subscription Term: The Subscription Term is specified during checkout. Subscription extensions will become effective following expiration of the current subscription. Subscriptions entered at least two days prior to the last trading day of the month will become effective for the month entered unless Subscriber requests otherwise in order notes or via email.
- Payment: The Subscription Fee is payable in full with the Subscription.
- Not Personal Investment Advice: TAAS is a publisher. TAAS is not a broker, a dealer, a registered investment adviser, financial advisor, or financial planner. TAAS does not provide financial planning, investment advice, tax advice, or legal advice. Strategies offered by TAAS are generic in nature and have been prepared without regard to your individual investment objectives, financial situation or means.
- Subscriber responsibility: The Subscriber is solely responsible for evaluating the information provided and for deciding which securities and strategies are suitable to the Subscriber’s personal financial risk profile.
- Custody of investments: Subscriber retains sole custody of all Strategy portfolios in his/her brokerage account.
- Potential for Conflict of Interest: The Publisher uses the Strategies to manage personal portfolios. While the securities employed in the Strategies are publicly traded and highly liquid, the Publisher's buy and sell orders will compete with orders entered by Subscriber. Publisher's orders are entered as "Market On Close" orders for the final trading day of each month. This means they will execute at the close of the trading day and will be filled at the closing price with all similar orders, including Subscriber's.
- Risk Of Loss: All investment in securities including mutual funds, ETFs, closed end funds, stocks and any other securities can lose money over any period of time. All investments involve risk. Losses may exceed the principal invested. Past performance is not an indicator of future performance. There is no guarantee for future results in your investment and any other actions based on the information provided on the website or in Rebalance Notices including but not limited to strategies, portfolios, articles, performance data and results of any tools.
- Intellectual Property and Confidentiality: All models, model investment strategies, model baskets and allocation algorithms are confidential property which is not included in the Service. Portfolio composition, written or oral information, and other material disclosed to Subscriber during the term of Subscription is the Intellectual Property of TAAS and is Confidential Information. Rebalance Notices are protected by copyright law. Unauthorized distribution and/or reproduction by any means is strictly prohibited and punishable by non-refundable cancellation of the subscription and civil penalties of up to $25,000 plus costs.
- Property Rights: The Service and content distributed through the Service, as well as all copyright, trademark, and other rights therein, is the property of TAAS. You acknowledge and agree that you do not acquire any ownership rights by using the Service. You agree that you will not copy, republish, upload, post, transmit, distribute, sell or otherwise send to others via email or any other medium any content made available through the Service. No portion of any material made available through the Service may be extracted, summarized or reproduced without permission of TAAS.
- Notice: All notices, requests, and other communications required or permitted under the terms of this Agreement will be given in writing and delivered to TAAS and Subscriber at their respective email addresses.
- Modification: Any amendment or modification of this Agreement or additional obligation assumed by either Party in connection with this Agreement will only be binding if evidenced in writing signed by each Party.
- Entire Agreement: It is agreed that there is no representation, warranty, collateral agreement or condition affecting the Agreement except as expressly provided within this Agreement.
- Dispute Resolution: Any disputes shall be submitted to mediation in accordance with any statutory rules of mediation. If mediation is unavailable or is not successful in resolving the entire dispute, any outstanding issues will be submitted to final and binding arbitration in accordance with the laws of the State of Arizona. The arbitrator’s award will be final, and judgement may be entered upon it by any court having jurisdiction within the State of Arizona.
- Governing Law: It is the intention of the Parties to this Agreement that this Agreement be construed in accordance with and governed, to the exclusion of the law of any other forum, by the laws of the State of Arizona, without regard to the jurisdiction in which any action or proceeding may be sustained.
- Evidence of agreement: Electronic submission of this agreement together with Payment for Services to be provided under this agreement shall be evidence of Subscriber’s consent to this agreement.
Tactical Asset Allocation Strategies, LLC ("TAAS") and Subscriber further agree to be bound by the following Subscription usage provisions according to the type of Subscription purchased:
- Subscriber Is Not A Financial Professional: Subscriber represents that he/she is not a Financial Professional which includes licensed brokers and registered investment advisors engaged in the business of providing financial advice and recommendations to clients. Financial Professionals are required to enter into a Professional Subscription.
- Use: Use of the Subscription shall be limited to accounts in which Subscriber has a direct ownership interest and to accounts of immediate family members which Subscriber manages without compensation.
- Subscriber Is A Financial Professional: Subscriber represents that he/she/it is an Individual Financial Professional properly registered and licensed to engage in the business of providing financial advice and recommendations to clients.
- Use: Use of the Subscription shall be limited to accounts which are directly managed by the Financial Professional whose name appears as Subscriber.
- FactSheet: You may add your professional identification information to the first page of the FactSheet. Please note that gross of fee performance information may only be used in one-on-one presentations. Materials that reference gross of fee performance should not be broadly disseminated.
Additional Investment Related Disclosures