Use of Services

The use of this website, its content, databases, tools, services, and information (collectively “Service” or Services”) is provided by ProActive Portfolio Strategies, LLC (also “PPS”) and is governed by this Disclaimer / Terms of Use / Policies Agreement (hereafter “Agreement”). Your use of these Services is conditioned upon your acceptance of this Agreement.

AGREEMENT
The Services provided by “PPS” are NOT intended as a solicitation or offer to buy or sell securities, nor as investment advice, nor is PPS offering to supervise your account(s) or your securities. Your use of our “You Do It” and “We Do it” member subscription packages are conditioned on your understanding and acceptance that PPS is providing research and investor tools to assist you in making timely portfolio management decisions, and as a user and/or subscriber you bear full responsibility for all investment decisions and investment results. By accessing and using the Core Portfolio Type models, Portfolio tips, Action Alert tools and Services on this website and in email communications, you are agreeing to accept and be bound by this Agreement and you hereby acknowledge having read it in its entirety, including the section on Limitation of Liability. If you choose the “We Do It” member package subscription and obtain a referral from PPS to an advisor who assists you in placing trades and/or in managing your money, you understand and agree that PPS shall not be responsible or liable for any decisions made, or action taken, or performed by that advisor on your behalf. You furthermore understand and agree that any and all Services made available by PPS on and through this website are done so as a convenience to you and you understand that PPS is NOT a Bank, securities Broker Dealer, or Registered Investment Advisor providing investment advice. You understand and agree that any Portfolio tip resulting from you disclosure of financial information to us is solely incidental to our subscription Services and you accept that PPS does not and can not guarantee the suitability or profitability of any particular investment Core Portfolio Type Mix or portfolio model, or strategy, portfolio asset allocation, or any Action Alert. The above withstanding, you agree that your use of any and all Services is entirely at your own risk; without warranty of any kind, either express or implied, whether a subscriber or not. And you understand that if you do not accept this Agreement, including the Limitation of Liability policy section, your sole recourse is to immediately stop using the Services.

Payment/Automatic Subscription Renewals
A “Subscription” is defined as one limited use license for the PPS 360Portfolios service, for one User ID, for one individual. “Group License Subscriptions” for multiple persons and/or for an entire company’s use are available on a negotiated basis based upon the number of Users in the group and provided that all individual users in the group have a legal wage affiliation such that they derive the majority of their wages from said group. Use by individual Subscription or Group License Subscription grants the subscriber(s) a limited, non-exclusive, non-transferable right to use, display on their computer, download and print, without modification or for commercial resale, extracts of the website information and PPS email action alerts.  As an individual subscriber, you agree to pay our subscription charge on a month to month basis beginning at the time of your subscription. Group License Subscribers agree to provide an updated count of the number of users in their group each anniversary date following their initial subscription date.  We will automatically renew your subscription by billing your credit/debit cards at the beginning of each month until you cancel the Service. Group License Subscriptions will be adjusted upward and downward based upon current user counts. All PPS subscription plans (Individual and Group) are renewed for a one year term as originally selected approximately 20 days prior to the subscription anniversary to avoid disruption of Service.  PPS may alter its Service(s) at any time and may cancel any subscription or access to our Service, without cause, at any time

Refund/Cancellation Policy
Our Service comes with a 30 day unconditional money back guarantee for all first time subscribers. If you want to cancel your subscription for any reason during the first 30 days you may do so by providing written notice of cancellation to us by eMail at: subscriptions@360portfolios.com . Please include your User ID with your request and we will make a full refund of your subscription price. NOTE: IT IS YOUR RESPONSIBILITY TO INITIATE THE WRITTEN CANCELATION REQUEST AND TO RECONTACT US IN THE EVENT THAT YOUR NOTICE OF CANCELLATION IS NOT ACKNOWLEDGED BY US. FAILURE TO DO SO MAY RESULT IN THE EXTENTION OR EXPIRATION OF YOUR SUBSCRIPTION WITHOUT REFUND.

Termination

PPS may discontinue, change or terminate the Services, or their availability to you, at will in its sole discretion. This Service will terminate if we are not able to process a payment of your subscription fee or if you fail to pay your subscription fee. In any event of termination there will not be any refund of a pro rata month’s subscription payment for Services only partially used during a subscription period. Period is defined as one month or 30 days or such other period of time for which a subscription was made and paid.

Rewards for Referrals
PPS rewards subscribers with 1 free month of subscription service for each paid subscriber that you refer to us. Your subscription account will be credited with the referral reward after the expiration of our 30 day unconditional money back guarantee period. You must remain a subscriber to receive any referral rewards time. We will not exchange, transfer, or pay cash in lieu of any referral rewards you have received for making referrals.

Endorsements
This website, information on or from it, data quotation prices imported and displayed, referrals made to third-party advisors under the “We Do It” member subscription package, opinions expressed, forum commentary, and any resource hyper link to another website is not an endorsement, recommendation or sponsorship of any broker, company, security or fund. You acknowledge and agree that PPS is not responsible for, nor does it support the operation of content located on any other website or server, and PPS does not warrant that the content imported, or information available on such websites is accurate, complete or legal. You agree that you may not make a claim against PPS for erroneous data found on our website or sent to you by our Service, and you agree that by accessing any third party resource website link you may not make any claim against us for any damages or losses of any kind.

Intellectual Property: Trademarks and Copyrights
360Portfolios.com, ProActive Portfolio Strategies, LLC, Pro Active Strategies, PPS, PPS Research Model, PPS Forum, ActionAlerts, Ready Made Portfolios, Guardrails and GuardRail Technology, and other marks, logos, graphics, icons, images, HTML code, multi-media clips, trade dress, Services, and financial concepts used on this website and/or associated with the PPS’s 360Portfolio.com methodology are our legal property and trademarks, and may not be used in any manner (including meta-tags or hidden text without our prior written approval. Similarly these Services and materials posted on our website are copyrighted materials of Pro Active Portfolio Strategies, LLC and may not be copied, reproduced, published, disseminated, circulated, transferred, transmitted, or displayed, commercially exploited, or made the subject of a derivative work without the written permission of Pro Active Portfolio Strategies, LLC.  You may download or copy content or information displayed in regard to the Services for personal, non-commercial use only provided that you keep and maintain any copyright and other notices contained therein and provided that you are a current paid subscriber. You may download or copy content and information displayed in regard to the Services for business commercial provided that you keep and maintain any copyright and other notices contained therein and provided that you are a paid Group subscriber and have obtained written permission from PPS prior to its use.

Limitation of Liability
Under no circumstances shall PPS, its Officers, Directors, Management, Affiliates, or Employees be liable for any special or consequential damages that are related to your direct or indirect use of this website and Services provided, the 360Portfolio Core Portfolio Type models, our Portfolio tips, and our ActionAlerts email service. This includes, but is not limited to, investment losses, losses resulting from your use of margin and/or short selling, including inverse funds, misappropriation by third parties of any private or confidential information, computer viruses transmitted which result in computer damages, or any errors and/or mistakes made by personnel associated with PPS and its affiliates in the course of providing Services to you as a subscriber.

Miscellaneous
The PPS 360Portfolios.com website access to current holdings, ActionAlerts and other information and Services are provided, offered, and conditioned on your payment of subscription fees. If you subscribe to PPS Services, you warrant that all information submitted and transmitted to PPS by you is true and accurate, including without limitation your email address(es) and credit/debit card/bank account and checking information. You acknowledge and accept this Agreement and furthermore agree to be bound by any modifications of our Terms of use, subscription policies, conditions and disclaimers that may be made by PPS from time to time.

Privacy

To deliver our Services, we will collect certain information about you and your use of the Services. By providing your email address you authorize our use of it to contact you to send you ActionAlerts, and to provide it to business partners and affiliates who may provide the We Do it services and to others who we believe could offer useful or related services.

Choice of Law & Jurisdiction
This Agreement shall be governed by the laws of the Commonwealth of Kentucky without regard to its conflict of law provisions.  As a person accessing this website and/or as a subscriber to our Services, you agree to the exclusive jurisdiction of the courts located within Fayette County Kentucky, Commonwealth of Kentucky.

Survival & Severability
If any provision of this Disclaimers / Terms of Use / Policies Agreement is found to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible by law and all remaining sections shall survive such invalidation.

Entire Agreement
This Agreement constitutes the entire agreement between you and PPs regarding your use of its Services on the website from which you accessed this Agreement. This Agreement supercedes any and all previous and contemporaneous or and written agreements between you and PPS regarding your use of the Services on the website from which you accessed this agreement.

You agree that all of the foregoing terms and conditions shall survive any termination of your right of access to the Services and the information and materials identified above.

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