Terms & Conditions

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”).

Covered Web Sites
Account Terms
Subscription Clarification
Important Disclaimer Regarding the Information We Provide
Disclaimer of Warranties
Limitation of Liability
Indemnification
Payment, Refunds, Upgrading, Downgrading and Renewal Terms
Cancellation and Termination
Modifications to the Service and Prices
Copyright and Content Ownership
General Conditions

Covered Web Sites

The VizMetrics Covered Web Sites include the following:

  • vizmetrics.com and related subdomains
  • recipeinvesting.com and related subdomains
  • fundinsights.com and related subdomains
  • assetallocationhq.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 at www.vizmetrics.com.

Account Terms

  • 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).

Subscription Clarification

  • The "RecipeInvesting Investor" subscription is intended for individual, non-professional use only. It is not intended for use by financial professionals, including but not limited to advisors, RIAs, brokers, or wealth managers. Financial professionals must subscribe to "RecipeInvesting Pro" to access the Service.
  • VizMetrics reserves the right to terminate or modify your subscription if it determines, in its sole discretion, that your use of the Service violates this provision.

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 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 those opinions may differ from those obtained elsewhere in 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.
  • Performance data is supplied by sources believed to be reliable, but calculations based on such data are not guaranteed by these sources, the information providers, or any other person or entity, and may not be complete. Past performance is not an indication of future results.

From time to time, our marketing materials may reference 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 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, such portfolio is chosen by the author in accordance with their stated investment strategy. Your actual results may differ from reported results for reasons including, but not limited to:

  • Performance results do not reflect actual trading commissions you may incur.
  • Performance results do not account for the impact 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 your purchase or sale of a stock may affect its price.

Disclaimer of Warranties

The Services, and any content obtained or accessed through the Services, including without limitation Third-Party Content, are provided “as is” without representations or warranties of any kind, either express or implied. To the fullest extent permissible under 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 therein will be uninterrupted, error-free, or secure.
  • Defects will be corrected.
  • The Services or the server(s) hosting them are free of viruses, worms, malicious code, Trojan horses, malware, or other harmful components.

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 related charges.
  • You assume total responsibility and risk for your use of the Services and reliance thereon.
  • No opinion, advice, or statement from VizMetrics or its affiliates, suppliers, agents, members, or visitors creates any warranty.
  • Your use of the site, its content, and materials provided through it is entirely at your own risk.

VizMetrics and its affiliates, agents, and sponsors will not be liable for informational errors, incompleteness, delays, or actions taken in reliance on information contained in the Services. Your dealings with advertisers found on or through the Services are solely between you and such advertiser, and VizMetrics shall not be responsible or liable for any resulting loss or damage.

Content available through the Services may contain inaccuracies, errors, or materials that violate these Terms of Service. Unauthorized alterations could be made by third parties. While we strive to ensure the integrity of our websites and Services, we make no guarantees as to the completeness or correctness of content. If such issues arise, please contact us at [email protected] with a description and location (URL) of the material, if applicable, and your contact information. We will address concerns as soon as reasonably practicable.

VizMetrics shall not be liable for delays or failures in performance due to acts of nature, forces, or causes beyond its reasonable control, including but not limited to Internet failures, equipment failures, power outages, strikes, riots, fires, floods, war, or governmental actions.

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 TO THE SERVICES AND/OR ANY CONTENT THEREIN, INCLUDING THIRD-PARTY CONTENT, WHETHER FORESEEABLE OR NOT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE, AND NOTWITHSTANDING THE FAILURE OF ANY LIMITED REMEDY.

For clarity:

  • Damages arising under the “Indemnification” section are deemed direct damages of the indemnified party.
  • Your sole remedy for dissatisfaction with the Services is to stop using them.
  • The sole and exclusive maximum liability of VizMetrics for all damages, losses, and causes of action—whether in contract, tort (including negligence), or otherwise—shall be the total amount paid by you, if any, for access to the Services in the current calendar year of your subscription.

Indemnification

You agree to indemnify, defend, and hold harmless VizMetrics, its current and former affiliates, officers, directors, employees, agents, representatives, and their successors and assignees from and against any liabilities, claims (including third-party claims), damages, losses, costs (including reasonable attorneys’ fees), or other expenses arising from:

  • Your violation of the Terms of Service.
  • Your use of the Services.
  • Your violation of any third-party rights.
  • Actual or alleged infringement of third-party proprietary or intellectual property rights arising from the duplication, sale, distribution, or use of the Services.
  • Any liability from your use of the Services, including 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 do not require 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, and no exceptions will be made to ensure equal treatment.
  • For upgrades, your credit card will be automatically charged the new rate on your next billing cycle, with the value of any unused portion of your previous subscription applied to extend the upgraded subscription.
  • All fees exclude taxes, levies, or duties imposed by taxing authorities, which you are responsible for, except for United States (federal or state) taxes.
  • VizMetrics does not offer downgrades.
  • Subscriptions renew automatically at the then-current list price (or a discounted price VizMetrics may apply) unless you cancel your account before a new charge occurs.

Cancellation and Termination

  • You are solely responsible for canceling your account. You can cancel at any time by:
    • Emailing [email protected] with "CANCEL" in the subject line and your name, user ID, and account details in the body; or
    • Logging into the VizMetrics service, clicking the user profile icon at the top right, choosing "Settings," and removing your account.
  • A phone request to cancel is not considered cancellation.
  • Upon cancellation and expiration of your paid subscription term, all your Content (text and files) may be deleted from the Service, and you will no longer be able to access it.
  • If you cancel before the end of your current paid-up period, cancellation takes effect at the end of that period, and you will not be charged again.
  • VizMetrics may, in its sole discretion, suspend or terminate your account and refuse current or future use of the Service or any VizMetrics service for any reason at any time. Termination will result in deactivation or deletion of your Account and forfeiture of all Content therein. 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 to modify or discontinue the Service (or any part thereof), temporarily or permanently, with or without notice.
  • Prices of all Services, including subscription plan fees, are subject to change with notice provided by posting changes to the VizMetrics Covered Web Sites, blog, or Service itself.
  • VizMetrics shall not be liable to you or 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. Review our copyright compliance policy.
  • We claim no intellectual property rights over material you provide to the Service. Your profile and uploaded materials remain yours. However, if you or others with accounts under your account make chat content or transcripts public, you agree to allow others to view and share your Content.
  • VizMetrics does not pre-screen Content but reserves the right (not the obligation) to refuse or remove any Content available via the Service in its sole discretion.
  • 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 VizMetrics reports and pages delivered by the Service are the intellectual property of VizMetrics Inc.

General Conditions

  • Your use of the Service is at your sole risk. The Service is provided “as is” and “as available.”
  • Technical support is provided only to paying account holders via email.
  • VizMetrics uses third-party vendors and hosting partners to provide hardware, software, networking, storage, and technology required to run the Service.
  • You must not modify, adapt, hack, or falsely imply association with the Service, VizMetrics, or any VizMetrics service.
  • You may not reverse engineer or reuse source code in public view (e.g., JavaScript), which is copyrighted and the intellectual property of VizMetrics.
  • You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, its use, or access without express written permission from VizMetrics.
  • VizMetrics may remove Content and Accounts containing unlawful, offensive, or objectionable material or that violates intellectual property or these Terms of Service, at its sole discretion.
  • Abuse of any VizMetrics customer, employee, member, or officer will result in immediate account termination.
  • Content transmission may be unencrypted and involve various networks and technical adaptations.
  • You must not upload unsolicited email, SMSs, “spam,” worms, viruses, or destructive code.
  • If your bandwidth usage exceeds 300 MB/month or significantly exceeds the average (as determined by VizMetrics), we may disable your account or throttle file hosting until usage is reduced.
  • VizMetrics does not warrant that:
    • The Service will meet your specific requirements.
    • The Service will be uninterrupted, timely, secure, or error-free.
    • Results from the Service will be accurate or reliable.
    • Products, services, or information will meet your expectations.
    • Errors in the Service will be corrected.
  • VizMetrics shall not be liable for direct, indirect, incidental, special, consequential, or exemplary damages resulting from Service use, inability to use, or related issues, even if advised of such damages.

The failure of VizMetrics to exercise any right or provision of these Terms of Service shall not constitute a waiver. These Terms of Service constitute the entire agreement between you and VizMetrics, superseding prior agreements.

 

Questions? Contact [email protected].