Terms of Use & Subscription Services Agreement

Terms of Use

The use of the 360Portfolios.com website, its content, databases, ActionAlerts, resource tools, programs, cross-reference funds, forum and other information (collectively Service or Services) is provided by Pro-Active Subscribers, LLC (also and hereafter Pro-Active) and is governed by this Terms of Use & Subscription Services Agreement (hereafter Agreement). The Services provided are impersonal, not intended to constitute "supervisory" investment services. They are self-help recommendations provided in response to market events via ActionAlerts driven by an investment decision system. Unless you enter into a separate investment advisory agreement with our affiliate company, ProActive Advisors, LLC, you are acting as your own person even if you grant us Limited Trading Authority--in that case we are merely following your model(s) and implementing the trades at your direction to follow said model(s). Because the 360Portfolios are impersonally constructed and do not attempt to consider your personal financial needs and circumstance, they may not be suitable for you. Your use of these Services is conditioned upon your acceptance of these facts and this Agreement  in its entirety.
 

Agreement

The Services provided by Pro-Active are NOT intended as a solicitation or offer to buy or sell securities, nor as an investment advisory management agreement. By offering its subscription Services, Pro-Active is not offering to supervise your account(s) or manage your money, nor promising to make any investment decisions with regard to your securities. Your use of our You Do It and We Do It member subscription Services are conditioned on your understanding and acceptance of this and your acceptance that Pro-Active is only providing research and investor picks as a convenience to assist you in making better and more timely portfolio management decisions--and the term 'better' is qualified by the assumption that you, and you alone, have made a proper comparison between this and what you are presently doing. As a user and/or subscriber you bear full and final responsibility for all investment decisions and for your investment results. By accessing and using the 360Portfolios.com website, the Core Portfolio Types, the model 360Portfolios, the Portfolio tips, ActionAlert emails, Resources, and in general, the 'Services' on this website 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. Furthermore, if you choose the We Do It member subscription service wherby you grant us Limited Trading Authority to place trades on your behalf, you understand and agree that Pro-active shall not be liable for any loss in conjunction with our following the core portfolio type or customized portfolio model(s) you have directed us to follow and implement as trades on your behalf. That is, Pro-active, and any employed or associated person, will be ONLY be acting as your authorized Agent to place trades on your behalf and under your direction; and our doing so shall not be deemed as a contract to provide investment advisory services to you or create a contract binding us to manage or supervise your account(s). You additionally understand that Pro-Active is NOT a Bank, securities Broker Dealer, or Registered Investment Advisor providing investment advice to you for a fee or commission. You understand and agree that any security recommendation and/or Portfolio Tip provided to you as a subscriber and from your disclosure of certain basic financial information to us in building your portfolio(s) is solely incidental to our subscription Services; that said information is intended as a convenience tool to prompt your re-consideration in making decisions with regard to your 360Portfolios mix. You hereby accept that Pro-Active does not, and can not guarantee, the suitability or profitability of any particular 360Portfolios mix,  Core Portfolio Type, Customized (Mix) portfolio model, strategy, asset allocation, recommendation, or ActionAlert. All 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 below, 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 360Portfolios Service, for one User ID, for one individual or family living in the same domicile. Group License Subscriptions (GLS)for multiple persons and/or for an entire organization's or company™s use are available on a negotiated basis dependent upon the number of Users in the group and provided that all individual users in the group have a legal wage, compensation, or other accepted affiliation. Use of Pro-Active's Services by individual Subscription or GLS, 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 Pro-Active email ActionAlerts.  As an individual subscriber, you agree to pay our subscription charge in one annual payment or on a month to month basis by automated credit/debit card beginning at the time of your subscription. GLS 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 all subscription by billing your credit/debit cards in the month preceding your anniversary date or at the beginning of each month until you cancel the Service. GLS fees will be adjusted upward or downward based upon current user counts. All Pro-Active subscription plans (Individual and Group) are renewed for the same term as originally selected approximately 20 days prior to the subscription anniversary to avoid disruption of Service.  Subscribers may cancel their subscription at any time subject to our Refund/Cancellation Policy below.
 

Refund/Cancellation Policy

Our Service comes with a 45 day unconditional money back guarantee for all first time subscribers entitling them to a refund of their annual subscription fee paid. Month to Month subscribers are not entitled to a refund. If you want to cancel your subscription for any reason 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. If you accept the 45 Day $29.95 Special Trial Offer and prior to its end you wish to cancel you will receive a full refund of your subscription fee--either the monthly charge or annual charge. If more than 45 days has elapsed into your subscription and you want to cancel you may cancel your subscription by following the same procedure, however this will be deemed a Termination of Service by you. 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 Of Service

Pro-Active may discontinue, modify or terminate parts of the Services, or their availability to you, at will in its sole discretion. If we terminate your service at will or with cause because we discover that you have breached this Agreement by sharing or improperly distributing or using our Services we will NOT refund the pro rata portion of your remaining subscription. If we terminate your service at will without cause we will refund the pro rata portion of your remaining ANNUAL subscription. Our Service to you will be terminated if we are not able to process a payment of your subscription fee, or if you fail to pay your subscription fee.  However, we will first make an effort to contact you before terminating your service as a convenience because we value you as a subscriber. In the event of termination for non-receipt of payment there will NOT be any refund of a pro rata  subscription payment for Services only partially used during a subscription period. A period is defined as one month, or 30 days, or such other period of time for which a subscription was made and paid.
 

Special Trial Incentive Offers

From time to time as an inducement to subscription we offer a trial use period whereby first time users can try out our Service for a period of time and receive a full refund of their paid subscription. For example, if we offer a Special Trial Offer for 45 days at $29.95 we will refund your entire paid subscription price if you cancel within the 45 day period. The Special Trial Offer price would not be refunded as we view it as a reduced first month's subscription price inducement offer and do not yet consider you a subscriber having agreed to pay an on-going subscription. You will however get to keep any other Special Trial Offer materials obtained in conjunction with any Special Offers.
 

Rewards for Referrals

Pro-Active rewards individual subscribers with 1 Free month of subscription service for each paid subscriber that you refer to us. Alternatively, you may elect to receive a cash reward referral option as follows: If a referral made by you pays for an annual subscription Service, Pro-Active will reward you with fifty dollars ($50.00) for that paid subscription. If a referral made by you pays monthly for their subscription you may elect to receive the cash referral reward after the subscriber has paid one full year of their subscription fees (your referral fee would be paid in the 13th month.) If a subscriber cancels by Termination (after a money back guarantee period has passed but, before one year has elapsed) you are entitled to the 1 free month subscription for that referral so long as they have been a paid subscriber for at least six (6) months. Your subscription account will be credited with the referral reward six months after the expiration of our unconditional money back guarantee period. You must remain a subscriber to receive any referral rewards subscription time or cash referral payment. We will not exchange, transfer, or pay cash in lieu of any referral subscription rewards once elected or accumulated unless you pay a $15.00 administration change fee.
 

No Endorsements

This website, its content, and information on, or from it, the portfolios and index quotation prices imported, calculated, and displayed, referrals made to our affiliated investment advisor, opinions expressed, forum market commentary, and any Resource tool or hyper-link to another website is not an endorsement, recommendation or sponsorship of any broker, company, security, ETF or fund. You acknowledge and agree that Pro-Active is not responsible for, nor does it support the operation of content located on any other website or server, and Pro-Active does not warrant that the content imported, or information available on such websites is accurate, complete, or legal. Furthermore you agree that you may not make any claim against Pro-Active for erroneous data found on our website or sent to you by our Service, and you agree that by accessing any Resource tool and website link found on our website that you may not make any claim against us for any damages or losses of any kind.
 

Intellectual Property: Trademarks and Copyrights

360Portfolios.com, "360ETF" Forum, "ActionAlerts" 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 360Portfolios methodology are owned by our affilate ProActive Advisors, LLC under license and are their legal property, Trademarks, or Salesmarks, and may not be used in any manner (including meta-tags or hidden text without our prior written approval. Similarly the Services and materials posted on this website are copyrighted materials of Pro-Active 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.  You may download or copy content or information displayed in regard to the Services for personal, non-commercial , or referral use provided ONLY that you keep and maintain any copyright and other notices contained thereon 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 or commercial use provided that you keep and maintain any copyright and other notices contained thereon provided that you are a paid Group subscriber and have obtained written permission from Pro-Active prior to its use and dissemination, and provided that it does not contravene any known law or regulation by which you must abide.
 

Limitation of Liability

Under no circumstances shall Pro-Active, its Officers, Directors, Management, Affiliates, or Employees be liable for any special or consequential damages that arise related to your direct or indirect use of this website and the Services provided, included but not limited to: the Core Portfolio Types, 360Portfolios, Portfolio Tips, ActionAlerts email, 360ETF Forum, Resource tools, and support services. This Limitation of Liability specifically includes, any investment loss, losses resulting from your use of margin and/or short selling, including inverse (short) funds, losses resulting from a third-party agent placement of your trades, losses due to trade timing or tardiness in placing trades, losses resulting from investment management services provided by our affiliate advisor or any other, misappropriation of private or confidential information by anyone, computer viruses transmitted which result in computer damages, or any errors, miscalculations, and/or mistakes made by personnel associated with Pro-Active and its affiliates in the course of providing Services to you as a subscriber.
 

Miscellaneous

Your access to 360Portfolios.com website, to current recommended holdings, ActionAlerts and other information and Services is offered, and conditioned on your payment of subscription fees. If you subscribe to our Services, you warrant that all information submitted and transmitted to Pro-Active by you is true and accurate, including without limitation your email address(es) and credit/debit card/bank account and checking information. If you provide subscription and/or personal information you warrant that it is bona fied, true, and correct and may be inferred by us in a court of law of your intention to subscribe. You acknowledge and accept this Agreement and furthermore agree to be bound by any modifications of it that may be made by Pro-Active from time to time.
 

Privacy

In delivering our Services, we will collect certain information about you and your use of our Services. By providing your email address you authorize our use of it to contact you to send you ActionAlerts, and to provide it to our business partners and affiliates who may provide services to us and to others, who we believe, could offer useful or related investor 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 an individual 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 Terms of Use & Subscription Services Agreement is found to be invalid or unenforceable, that provision shall terminate and the remaining provisions shall be enforced to the maximum extent permissible by law with all remaining sections surviving such invalidation.
 

Entire Agreement

This Agreement constitutes the entire agreement between you and Pro-Active regarding your use of its Services on the website from which you accessed this Agreement. This Agreement supersedes any and all previous and contemporaneous or and written agreements between you and Proactive regarding your use of the Services.

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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