TERMS AND CONDITIONS
1. Terms of Use
Welcome to MutualFundSystems.com website (the "Website"). By using
this website, or any of the services provided through this Website,
you agree to be bound by the following terms and conditions (the
"Terms of Use").
2. Agreement
By your use of this Website, or any of the services provided through
this Website, you are subject to these Terms of Use, which
constitute a binding agreement between you and MutualFundSystem.com.
Please read the terms and conditions of this Terms of Use carefully.
If you do not agree with these Terms and Conditions, you must
immediately discontinue any use of the site.
3. Definitions
For purposes of these Terms of Use, the following definitions apply:
- "Mutual Fund System" means the proprietary Mutual Fund
System investment analysis model for exchange traded funds,
mutual funds, developed by Mutual Fund System. The Mutual Fund
System is for educational and informational use only and does
not provide personal investment advice. Information about the
Market Trend Trading System appears on the Website, and in
weekly newsletters ("Newsletters") and periodic market alerts
("Market Alerts") sent electronically to Website subscribers.
- "Mutual Fund System Data" means any Mutual Fund System data,
the Website, Newsletters, Market Alerts, equity market data, or
other information that is accessible through the use of this
Website or through communications sent to Website subscribers.
"Mutual Fund System Data" includes data provided to Mutual Fund
System by third parties. "Proprietary Information" means and
includes the Mutual Fund System , screen displays, data entry
formats, database structures, database formats, and such other
information as Mutual Fund System shall so designate. This
definition shall extend to Proprietary Information in whatever
form such Proprietary Information may be embodied, including,
but not limited to, source code, object code, flow charts,
diagrams, terminal displays and printouts. Proprietary
Information shall not extend to any information, or any
embodiment of information, which has become general public
knowledge or is generally known in the trade, or which becomes
generally known in the trade.
- "Confidential Information" means information related to
Mutual Fund System research, development, trade secrets,
software design, or business affairs, but does not include
information in the public domain.
- "Intellectual Property Rights" means all copyrights, patent
rights, trademark, service mark and trade dress rights, trade
secret rights, license rights, contract rights, moral rights
(and waivers thereof), mask works, rights of publicity, rights
in the nature of unfair competition rights, rights to sue for
passing off, and all other intangible property rights of any
kind that are, or may in the future be, recognized under the
laws of any country, or any political subdivision thereof, or
under any bilateral or international convention or treaty.
4. Disclaimer
The Mutual Fund System Newsletter and its Market Alerts are
published by MutualFundSystem.com is a financial publishing firm
which provides analysis of the securities markets. The
Newsletter is of general and regular circulation, and no
consideration can be or is made toward a subscriber’s unique
financial circumstances. Mutual Fund System does not provide
customized investment advice, which can only be provided by your
personal investment advisor or broker. The materials published
by Mutual Fund System are for informational and educational
purposes only. No information contained in the Newsletter or
Market Alert is intended as investment, tax, or legal advice, as
an offer or solicitation of an offer to sell or buy, or as an
endorsement, recommendation or sponsorship of any company,
security, or fund.
5. Disclosure
Investing involves risk of loss and the potential exists to lose
money. If you engage in margin investing your loss may exceed
the amount invested. If your goal for a certain amount of your
funds is that of capital preservation, Mutual Fund System,
believes you should invest those funds in conservative
investments.
The Mutual Fund System Model Portfolio performance results are
based on Out-of-Sample trades, using historical data, using
entry and exit points that could have been obtained during
regular market conditions. All returns are calculated before the
deduction of commissions, fees, and taxes. These returns may or
may not be actually achieved by the subscriber. Past performance
is no guarantee of future results.
6. Conditions of Use
This Website provides access to information about the Mutual
Fund System and Data, including data provided by Mutual Fund
System and by various third parties. Your authorization to use
this Website, its content, and the data provided in connection
with this Website is conditioned upon your compliance with these
Terms of Use.
As a condition of your right to use this Website and the Mutual
Fund System Data, you agree to do or not to do the following:
- You are representing that you are at least 18 years of
age. If you are not at least 18 years of age you may not
access or use this site.
- You agree that you will not transfer or make available
your username and password to any third party. Any
distribution by you of your username and password may result
in cancellation of your subscription without refund and
additional charges based on unauthorized use.
- You agree, except for printing one (1) copy of Mutual
Fund System Data for your personal, non-commercial use, you
shall not copy, distribute, transmit, display, perform,
reproduce, publish, post, license, sublicense, frame or
mirror any Mutual Fund System Data without Mutual Fund
System prior written consent.
- You shall not use any Mutual Fund System Data for any
commercial purpose.
- You agree that you bear the responsibility for your own
investment research and decisions and you should seek
professional advice and assistance on securities, tax and
legal matters before making any investment. You acknowledge
that Mutual Fund System is not a licensed Financial Advisor,
Securities Broker/ Dealer or Financial Planner.
- You shall take no action that, in any way, would
infringe upon the copyrighted works of Mutual Fund System
or, in addition, would infringe upon the Proprietary and/or
Confidential Information developed by Mutual Fund System, as
defined above.
- You shall not remove any proprietary, copyright,
confidential or trade secret legend from any Mutual Fund
System Data.
- You shall not use the Website for any illegal purposes,
nor restrict or inhibit any other visitors or members from
using the site, including, without limitation, spamming,
flooding, hacking or cracking or any portion of the site,
transmitting any software or other materials that contain
virus, worm, time bomb, trojan horse or other harmful or
disruptive components.
- You shall not use any robot, spider, site search or
retrieval application or other manual or automatic device or
process to retrieve, index, data mine or in any way
reproduce or circumvent the navigational structure or
presentation of the Website.
- You shall not harvest or collect information about
Website visitors or members without their express consent.
- You shall not resell any Mutual Fund System Data.
- You shall not express or imply that any statements you
make are endorsed by Mutual Fund System, without Mutual Fund
System prior written consent.
- You shall not modify, adapt, translate, sell, reverse
engineer, decompile or disassemble any Mutual Fund System
Data.
- You agree that you shall be strictly liable for all
damages to Mutual Fund System that result from any
disclosure of any Mutual Fund System Confidential and/or
Proprietary Information that result from any disclosure of
same to any third party.
- You agree, as a registered subscriber of the Website, to
provide accurate, current, and complete information about
yourself as requested by the registration form and to
maintain and update your information to keep it accurate,
current and complete.
7. Intellectual Property
This Website, and the services and data offered in
connection with this Website, contain Mutual Fund System
valuable intellectual property, including but not limited to
copyrights, trademarks, trade secrets, trade dress, and
other proprietary rights. Your use of this Website and its
services or data are strictly subject to your compliance
with the terms of these Terms of Use relating to Mutual Fund
System intellectual property.
By using this Website you agree that Mutual Fund System is
the sole owner of any and all Intellectual Property Rights
in the content and form of this Website, in the Mutual Fund
System Data, and in the Mutual Fund System, and that your
use of any part of this Website or such services or data is
subject to these Terms of Use.
By using this Website you agree that Mutual Fund System is
the sole owner of the trademarks, trade dress, and logos
used in connection with its services and software, including
not limited to its marks Mutual Fund SystemSM,
Mutual Fund System.comSM,
Mutual Fund SystemSM,
Mutual Fund System NewsletterTM,
and Mutual Fund System Market AlertTM.
You agree that any right in Mutual Fund System's Proprietary
Information, Confidential Information, or Intellectual
Property Rights not expressly licensed or given in these
Terms of Use is reserved solely to Fund Trading.
You may not reproduce, retransmit, disseminate, sell,
publish, broadcast, or circulate any Mutual Fund System
Data, the Mutual Fund System Trading System, or any content
or information in this Website, except for your own personal
use otherwise consistent with the terms of these Terms of
Use, without the express written consent of Mutual Fund
System. You are entitled to use this Website, the Mutual
Fund System Data, and any information or content obtained
through this Website for your personal, non-commercial use
only.
The exclusion of a copyright notice or trademark notice on
any of the Mutual Fund System Data shall not cause, or be
construed to cause, the data or materials to be in the
public domain.
8. Disclaimer of Warranties
Mutual Fund System utilizes sources believed to be reliable,
but due to the number of sources and reliability of
electronic distribution Mutual Fund System can not assure
you that the information is accurate or complete. Mutual
Fund System disclaims any and all responsibility or
liability for the accuracy, content, completeness,
reliability, or operability of the services or data
described, offered, or available through this Website.
The Website may contain links to other Internet websites or
resources. Mutual Fund System neither controls nor endorses
such other websites, nor has Mutual Fund System reviewed or
approved any content that appears on such other websites.
Mutual Fund System is not responsible for the legality,
accuracy, or inappropriate nature of any content,
advertising, products, services or information located on or
through any other websites, nor for any loss or damages
caused or alleged to have been caused by the use of or
reliance on such content.
THE SERVICES AND DATA OFFERED OR AVAILABLE THROUGH THIS
WEBSITE ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND.
FUND TRADING HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS
WITH REGARD TO THESE SERVICES, SOFTWARE, AND DATA,
INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND
CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND TITLE AND NON-INFRINGEMENT.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD, VIEW, OR
OTHERWISE USE INFORMATION OR SERVICES AVAILABLE ON THIS
WEBSITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE
SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM
OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF
SUCH MATERIAL OR DATA.
Descriptions of, or references to, products, services or
publications from this server do not imply endorsement of
that product, service or publication. Mutual Fund System
makes no warranty of any kind with respect to the subject
matter included herein, the products listed herein, or the
completeness or accuracy of the information.
9. Subscriptions
Trial Subscription for New Subscribers Only
Trial subscriptions for New Subscribers are only available
one time per household. If you purchase a trial
subscription, and decide to terminate your trial
subscription, you must do so by the 30th day of your trial
subscription, and you will not be charged. All cancellation
and refund requests must be in writing. Send an e-mail to
Support@MutualFundSystem.com and notify us of your
cancellation request. Include your name, e-mail address,
phone number and enter "Cancellation" on the subject line.
We will e-mail you a confirmation within 48 hours.
If you do not cancel within20 days from the start of your
trial subscription or within the period of time specified in
a valid promotional trial subscription, you are agreeing to
continue as a regular subscriber upon the Terms and
Conditions for the regular subscriber set forth herein, and
you authorize Fund Trading to charge your credit card at the
then current rate on a monthly basis or for a one year
subscription on an annual basis until you request
cancellation of your subscription according to the terms
herein.
Standard Subscriptions
Current subscription rates are available via electronic mail
at
Support@MutualFundSystem.com or on this site under the
Members section on the How much does it cost Mutual Fund
System Cost page. Payment for your subscription is due in
advance and will be billed at the beginning of each renewal
period to the credit card provided by the subscriber. The
charges will appear on the credit card statement under the
name "Mutual Fund System." Renewal of your subscription is
automatic unless terminated by us in accordance with these
Terms of Use or until you notify Mutual Fund System in
accordance with the cancellation policy. In the event that
you are a current member and your credit card’s expiration
date expires, you hereby authorize MutualFundSystem.com to
update your expiration date by advancing the date forward to
your card’s new year of expiration. You agree to pay all
fees and charges incurred in connection with your username
and password at the rates in effect when the charges were
incurred. You have 60 days from the date that any
discrepancies first appear in your statement to notify
MutualFundSystem.com of the discrepancy. After that time all
charges will be deemed correct
10. Cancellation Policy
First-Time Subscribers (Free 30 Day Trial Period)
Free 20 Day Trial for all First-Time Monthly Quarterly or
One-Year Subscribers. Your credit card will not be charged
until the 31st day of your subscription. If you cancel
within the first 20 days your credit card will not be
charged. No refunds are available after the 20 day Free
Trial Period.
Regular Subscriptions (In Effect after 20 Day Trial Period
ends)
Monthly Quarterly and Yearly subscribers may cancel their
subscriptions at any time effective on their renewal date.
There are no refunds on Monthly Quarterly or Yearly
Subscriptions.
All cancellation and refund requests must be in writing.
Send an e-mail to
Support@MutualFundSystem.com and notify Mutual Fund
System of your cancellation request. Include your name,
e-mail address, phone number and enter "Cancellation" on the
subject line. We will e-mail you a confirmation within 48
hours. All Trial Subscription cancellation requests must be
received in our office within the first 20 days of your
start date.
11. Disclosure Policy
Mutual Fund System may hold positions in some or all of the
individual securities that are described on the Website,
Newsletter, and/or Market Alerts. Mutual Fund System trades
on some or all of the signals produced by the Mutual Fund
System.
12. Termination
These Terms of Use shall remain effective until terminated
in accordance with its terms. Mutual Fund System may
terminate these Terms of Use and or your access to and use
of this site or any portion thereof, immediately, in event
Mutual Fund System determines, in its sole discretion, that
you have breached these Terms of Use. In addition, Mutual
Fund System reserves the right, upon 10 business days notice
and the reimbursement of any days remaining on you
subscription, to terminate these Terms of Use without cause.
13. Privacy Policy
Your use of this Website is subject to Fund Trading’s
Privacy Policy, which can be accessed via this link. Fund
Trading will only use information you provide to it via this
Website in accordance with the terms of this policy.
14. Limitation of Liability
IN NO EVENT SHALL FUND TRADING BE LIABLE FOR ANY SPECIAL,
INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER
RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN
ACTION FOR CONTRACT, NEGLIGENCE OR ANY OTHER TORT, CLAIM, OR
CAUSE OF ACTION, ARISING OUT OF OR IN CONNECTION WITH THE
USE OR PERFORMANCE OF THIS WEBSITE, ITS SERVICES, DATA,
PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION
AVAILABLE FROM THIS WEBSITE.
Your sole remedy for dissatisfaction with the Website and/or
Mutual Fund System Data is to stop using the Website. The
sole and exclusive maximum liability to Mutual Fund System
for all damages, losses and causes of action (whether in
contract, tort (including without limitation, negligence),
or otherwise) shall be the total amount paid by you, if any,
to access the site.
15. Indemnification
In the event of any claim against you or against Mutual Fund
System arising out of your use of this Website, or the
services, or data offered or available through this Website,
you agree to indemnify and hold harmless Mutual Fund System
from and against any and all loss, damages, or liability,
including but not limited to the cost of a defense,
including attorney’s fees and all expenses, arising from or
related to such claim.
16. Notices
Any claim or notice by You to Mutual Fund System must be
made in writing to: Mutual Fund System,
17. Choice of Law
These Terms of Use shall be governed by and construed in
accordance with the laws of Florida, without regard to its
choice of law rules.
18. Choice of Forum
In the event of any action, arbitration, dispute, or other
legal proceeding to enforce the terms of these Terms of Use
or relating to the subject matter of these Terms of Use,
such action, arbitration, dispute, or other legal proceeding
shall be commenced within the County of Hillsborough,
Florida, or if that court lacks jurisdiction, in the United
States District Court for Hillsborough County Florida.
19. Changes
Mutual Fund System may, in its sole discretion and without
further notice, change the terms of these Terms of Use from
time to time, and you are subject to any such changes.
20. Entire Agreement
These written Terms of Use state the entire agreement
between you and Mutual Fund System, subject to (a) any
changes made by Mutual Fund System that are subsequently
made to these Terms of Use and posted on its Website at this
location, and (b) any additional written agreement between
you and Mutual Fund System relating to a specific service or
software described or offered on this Website. To the extent
any term of such written agreement is inconsistent with the
terms of these Terms of Use, the terms of such written
agreement shall supersede the terms of these Terms of Use to
the extent they apply to the specific service or software
covered by that written agreement. |
