VizMetrics Inc. Terms of Service
By using any of the VizMetrics Covered Web Sites (defined below) and/or VizMetrics information products delivered on these sites and/or VizMetrics information products delivered via email, newsletter, or other electronic means (“Service”), all services of VizMetrics Inc. (“VizMetrics”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”).
The VizMetrics Covered Web Sites include the following: www.vizmetrics.com, vizmetrics.com, www.recipeinvesting.com, go.recipeinvesting.com, assetallocationhq.com, blog.vizmetrics.com
VizMetrics reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time www.vizmetrics.com
You must be 13 years or older to use this Service.
You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
You must provide your name, a valid email address, and any other information requested in order to complete the signup process.
Your login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as you’d like.
You are responsible for maintaining the security of your account and password. VizMetrics cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).
You must not misrepresent yourself or take on the identity of someone else while using this service.
If you are using a free account you are not permitted to block ads.
One person or legal entity may not maintain more than one free trial account.
You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
Violation of any of these agreements will result in the termination of your Account. While VizMetrics prohibits such conduct and Content on the Service, you understand and agree that VizMetrics cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.
Important Disclaimer Regarding the Information We Provide
VizMetrics Inc. is a publisher. You understand that no content published as part of the Services constitutes a recommendation that any particular investment, security, portfolio of securities, transaction or investment strategy is suitable for any specific person. You further understand that none of the creators or providers of our Services or their affiliates will advise You personally concerning the nature, potential, value or suitability of any particular investment, security, portfolio of securities, transaction, investment strategy or other matter. Accordingly, do not attempt to contact them seeking personalized investment advice, which they cannot provide. To the extent any of the content published as part of the Services may be deemed to be investment advice, such information is impersonal and not tailored to the investment needs of any specific person.
You understand that the views expressed in the Services are the authors’ own opinions. The Services may contain opinions from time to time with regard to securities mentioned in other Services, and that those opinions may be different from those obtained by using another portion of the Services. Trading in securities (including, without limitation, stocks, options, ETFs and bonds) involves risk and volatility. Past results are not necessarily indicative of future performance.
You understand that performance data is supplied by sources believed to be reliable, that the calculations therein are made using such data, and that such calculations are not guaranteed by these sources, the information providers, or any other person or entity, and may not be complete. In addition, past performance is not an indication of future results.
From time to time, reference may be made in our marketing materials to prior articles and opinions we have published. These references may be selective, may reference only a portion of an article or recommendation, and may not to be current. As markets change continuously, previously published information and data may not be current and should not be relied upon. Before selling or buying any investment, You should consult with a qualified broker or other financial professional to verify pricing information.
To the extent any of our Services involves a model portfolio or an actual portfolio of investments, as described below, such portfolio of investments is chosen by the author in accordance with their stated investment strategy. Your actual results may differ from results reported for the portfolio for many reasons, including, without limitation:
performance results for the portfolio do not reflect actual trading commissions that You may incur;
performance results for the portfolio do not account for the impact, if any, of certain market factors, such as lack of liquidity, that may affect Your results;
You may not have the capital to trade as frequently as the portfolio;
the size and timing of a subscriber’s purchase or sale of a stock may affect the price of the stock.
Disclaimer of Warranties
The Services, and any content obtained or accessed through the Services, including without limitation Third-Party Content, is provided “as is” without representations or warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, VizMetrics, its officers, directors, employees, subsidiaries, affiliates, suppliers, advertisers, and agents disclaim all warranties, express, implied or statutory, including, but not limited to, implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose or use, and all warranties relating to the adequacy, accuracy, timeliness or completeness of any information available through the Services,
VizMetrics and its affiliates, suppliers, agents and sponsors do not warrant and accept no liability that Your use of the Services and any content contained therein, including without limitation, Third-Party Content, will be uninterrupted, error-free, or secure, that defects will be corrected, or that the Services or the server(s) on which the Services are hosted are free of viruses, worms, malicious code, Trojan horses, malware, or other harmful components. VizMetrics and its affiliates, suppliers, agents and sponsors accept no liability for any software downloaded from the Services. You acknowledge that You are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use the Services, and all charges related thereto. You assume total responsibility and risk for Your use of the Services and Your reliance thereon. No opinion, advice, or statement of VizMetrics or its affiliates, suppliers, agents, members, or visitors, whether made on the site or otherwise, shall create any warranty. You use of the site, the content contained therein, and materials provided through the site, are entirely at Your own risk. VizMetrics and its affiliates, agents and sponsors will not be liable for any informational errors, incompleteness, delays or any actions taken in reliance on information contained in the Services.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. You agree that VizMetrics shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Services.
A possibility exists that content available through the Services could include inaccuracies or errors, or materials that violate the Terms of Service. Additionally, a possibility exists that unauthorized alterations could be made to the content available through the Services by third parties. Although we attempt to ensure the integrity of our websites and Services, we make no guarantees as to the completeness or correctness of any content available through the Services. In the event that such a situation arises, please contact us at [email protected] with, if possible, a description of the material to be checked and the location (URL) where such material can be found on our websites, if applicable, as well as information sufficient to enable us to contact You. We will try to address Your concerns as soon as reasonably practicable.
Under no circumstances shall VizMetrics be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties.
Limitation of Liability
NEITHER VIZMETRICS NOR ITS AFFILIATES, SUPPLIERS, SUBSIDIARIES, ADVERTISERS, AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, RELIANCE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES AND/OR ANY CONTENT CONTAINED THEREIN, INCLUDING WITHOUT LIMITATION, ANY THIRD-PARTY CONTENT, OR ANY SERVICES USED OR PURCHASED THROUGH VIZMETRICS, WHETHER SUCH DAMAGE IS FORESEEABLE OR NOT AND WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. FOR AVOIDANCE OF DOUBT, DAMAGES ARISING UNDER THE SECTION ENTITLED “INDEMNIFICATION” (INCLUDING WITHOUT LIMITATION DAMAGES TO WHICH A PARTY IS ENTITLED TO INDEMNIFICATION UNDER SUCH SECTION THAT SUCH PARTY SUFFERS IN CONNECTION WITH THIRD PARTY CLAIMS FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES) ARE DEEMED TO BE DIRECT DAMAGES OF THE INDEMNIFIED PARTY. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING IT. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO COMPANY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION — WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE — SHALL BE THE TOTAL AMOUNT PAID TO US BY YOU, IF ANY, FOR ACCESS TO THE SERVICES IN THE CURRENT CALENDAR YEAR OF YOUR SUBSCRIPTION.
You agree to indemnify, defend and hold harmless VizMetrics our current and former affiliates, our current and former officers, directors, employees, agents and representatives and their successors and assignees from and against any and all liabilities, claims, (including, without limitation, third-party claims), damages, losses, costs (including reasonable attorneys’ fees), or other expenses associated with or incurred as a result of or from (a) Your violation of the Terms of Service; (b) Your use of the Services; © Your violation of the rights of any third party; (d) the actual or alleged infringement of any third party proprietary or intellectual property right arising out of the duplication, sale, distribution, or use of the Services, or (e) any liability arising from Your use of the Services including any User-Generated Content You create.
Payment, Refunds, Upgrading, Downgrading and Renewal Terms
A valid credit card is required for paid accounts. Trial, free, or guest accounts are not required to provide a credit card number.
The Service is billed in advance on a monthly or annual basis (depending on the subscription plan) and is non-refundable. There are no refunds or credits for partial months of service. In order to treat everyone equally, no exceptions will be made.
For upgrades, your credit card that you provided will automatically be charged the new upgraded rate on your next billing cycle. Your upgraded subscription will be extended by applying the value of any unused portion of your previous subscription.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
VizMetrics does not offer downgrades.
For your convenience, our renewal policy is to renew your subscription automatically at the then-current list price or at such discounted price as VizMetrics may elect to apply, unless you cancel your account before a new charge occurs.
Cancellation and Termination
You are solely responsible for properly cancelling your account. A phone request to cancel your account is not considered cancellation. You can cancel your account at any time by emailing [email protected] with CANCEL in the subject line, and your name, user ID, and account details in the body of the email.
All of your Content (text and files) may be deleted from the Service after your paid subscription term expires. Once your account is cancelled and expires you will not be able to access your Content.
If you cancel the Service before the end of your current paid up period, your cancellation will take effect at the end of the period and you will not be charged again.
VizMetrics, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other VizMetrics service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. VizMetrics reserves the right to refuse service to anyone for any reason at any time.
Modifications to the Service and Prices
VizMetrics reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
Prices of all Services, including but not limited to subscription plan fees to the Service, are subject to change with notice provided at any time by posting the changes to the VizMetrics Covered Web Sites, the VizMetrics blog, or the Service itself.
VizMetrics shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Copyright and Content Ownership
All content posted on the Service must comply with U.S. copyright law. Please review our copyright compliance policy.
We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, if you or anyone else with an account under your account make any chat content or transcripts public, you agree to allow others to view and share your Content.
VizMetrics does not pre-screen Content, but VizMetrics and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
The look and feel of the Service is Copyright©2016 VizMetrics Inc. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from VizMetrics. The design and layout of the VizMetrics reports and pages delivered by the Service are the intellectual property of VizMetrics Inc.
Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
Technical support is only provided to paying account holders and is only available via email.
You understand that VizMetrics uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, VizMetrics, or any other VizMetrics service.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, computer code that powers the Service, or access to the Service without the express written permission by VizMetrics.
We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
Verbal, physical, written or other abuse (including threats of abuse or retribution) of any VizMetrics customer, employee, member, or officer will result in immediate account termination.
You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
You must not transmit any worms or viruses or any code of a destructive nature.
If your bandwidth usage exceeds 300 MB/month, or significantly exceeds the average bandwidth usage (as determined solely by VizMetrics) of other VizMetrics customers, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption.
VizMetrics does not warrant that (i) the Service will meet your specific requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
You expressly understand and agree that VizMetrics shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if VizMetrics has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Service; or (v) any other matter relating to the Service.
The failure of VizMetrics to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and VizMetrics and govern your use of the Service, superceding any prior agreements between you and VizMetrics (including, but not limited to, any prior versions of the Terms of Service).
Questions about the Terms of Service should be sent to [email protected]