Weiss Ultimate Portfolio

Terms and Conditions of Service

Weiss Ratings, LLC (Weiss Ratings) is strictly a financial research publishing firm (a publisher) and does not provide individual investment advice to its subscribers.  Weiss Ratings is not a registered investment adviser or a registered securities broker/dealer.

For purposes of these Terms and Conditions of Service, the term “Weiss Ratings” (also “we,” “us”) includes Weiss Group, LLC (Weiss Group) and its related companies, subsidiaries, divisions and brands.

The information we publish is based on Weiss Ratings’ and/or our editors’ opinions plus our statistical and financial data and independent research. Although we make every effort to provide the most accurate and updated information possible, our information cannot take into consideration your personal finances and goals, and therefore is not intended to be used as customized recommendations to buy, hold, or sell securities, or to engage in any trading strategy, or that an investment strategy is suitable for any specific person. Such recommendations may only be made by a personal adviser or broker you select.

Trading in securities (including, without limitation, stocks, options, warrants, ETFs, mutual funds, precious metals, commodities and bonds) is considered speculative and involves risk of loss and volatility. Although our editors and publications make every effort to protect your principal, you can lose money. Therefore, they are not intended for all of your funds. If your goal for a certain portion of your funds is strictly capital preservation, we believe you should invest those funds in conservative investments such as short-term US Treasury securities or equivalent. For more information on prudent investing, also see the information available at the websites of the Securities and Exchange Commission at www.sec.gov and the Financial Industry Regulatory Authority at www.FINRA.org. Any money you allocate to speculative investments should be strictly the money you can afford to risk without jeopardizing your daily life, and without negatively impacting your plans for education, retirement, or long-term care.

Most of the information we publish is derived from primary sources, including U.S. government agencies as well as the financial institutions or publicly traded companies we cover. We believe our data sources are accurate, but we do not verify their accuracy independently. Therefore, we cannot assure that the information is accurate or complete. Nor do we guarantee the success of any investment decision you may make using our data, information, or recommendations.

REQUIRED RISK DISCLOSURE STATEMENT

Notice: Hypothetical performance results have many inherent limitations, some of which are described here. No representation is being made that any account will or is likely to achieve profits or losses like those shown in the hypothetical performance results. In fact, there are frequently sharp differences between hypothetical performance results and the actual results subsequently achieved by any particular trading program.  One of the limitations of hypothetical performance results is that they are generally prepared with the benefit of hindsight. In addition, hypothetical trading does not involve financial risk, and no hypothetical trading record can completely account for the impact of financial risk in actual trading. For example, the ability to withstand losses or to adhere to a particular trading program in spite of trading losses are material points which can also adversely affect actual trading results. There are numerous other factors related to the markets in general or to the implementation of any specific trading program which cannot be fully accounted for in the preparation of hypothetical performance results and all of which can adversely affect actual trading.

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Our policy with respect to the collection and use of your personal information is set forth in our Privacy Policy.

As a member, you also have certain other obligations relating to your account:

Important Disclaimer Regarding the Information We Provide

Independent Contracted Editors: Weiss Ratings is strictly a publisher of financial information.  Neither Weiss Ratings nor any of its affiliated companies are registered investment advisers or broker/dealers. However, at times Weiss Ratings has agreements with independent editors who are or have acted in their own capacity as an investment advisor or broker outside the scope of their editorial responsibilities with Weiss Ratings. Any business relationship you may enter with an independent editor is not associated, condoned, affiliated or endorsed by Weiss Ratings. Any independent editor acting in their capacity as a registered adviser or broker is OUTSIDE the scope of their agreement and contracted responsibilities with Weiss Ratings. Subscribers should not view any of our publications as offering personalized legal or investment counseling.

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You also agree that at all times you will:

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Weiss Ratings also sells paid advertising in an online medium known as co-registration, where advertisers’ offers are presented to users. You acknowledge that any business dealings you may have with advertisers found on or through Weiss Ratings, including both free offers and offers that require payment for the delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and that advertiser. You agree that Weiss Ratings  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 third-party advertisers on the Services. We do not endorse or verify claims made by third-party advertisers and you may wish to consult with an independent, registered financial adviser or a licensed broker before buying or selling any security or investment recommended by an outside advertiser.

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Automatic Renewal: Your Weiss Ratings subscription will renew automatically at the end of the Initial Term for successive Renewal Terms, each equal to the Initial Term, unless you notify us of your decision to cancel or not to renew your subscription, as outlined below in our Cancellation/Termination Policy. As described in the initial subscription process, as part of the Automatic Renewal process the then-applicable subscription term renewal fee will be billed to the credit card you designated during the subscription process (or subsequently changed). As a convenience to its users, Weiss Ratings subscribes to a third party service wherein if your payment details change your credit card provider may provide updated card information.  We may use this new information for your future subscription payments ("Account Updater"). However, you will receive a full refund of your renewal subscription fee if you cancel within 30 days of your subscription renewal.

Cancellation/Termination: You may remove the benefit of automatic renewal by notifying our Customer Service Department by telephone at (877) 934-7778 Monday through Friday between the hours of 8:30 a.m. and 5:30 p.m. EST. Your cancellation will take effect once you receive a confirmation email from us. The terms of any refunds of fees for Paid Services are provided in the various offers for each product. It is your responsibility to read and understand the terms of the offer. If you have questions, please call our Customer Service Department at (877) 934-7778 or email them through our Contact Us web page.

If you wish to cancel your membership, please call our Customer Service Department at (877) 934-7778, through our Contact Us web page or directly at [email protected].

Basic refund policy: Subscribers may receive a pro-rated refund on the unused balance of their subscription at any time. All cancellations and refund requests must be made via telephone call to the Weiss Ratings customer service center. All such requests for pro-rated refunds will be granted with no additional requirements.

PERSONAL USE LICENSE:

“Personal Use” shall mean Use of the Material for your customary personal purposes. "Personal Use" shall not mean any distribution for commercial purposes whatsoever of the Material or any component or Derivative Work thereof. “Personal Use” shall not include any Use of the Materials Products by persons that are not members of your immediate household. All such household members shall be notified by you as to the terms and conditions of the Agreement and shall agree to be bound by it before they can have Use of the Digital Downloadable Products.

Weiss Ratings grants you a limited, personal, non-exclusive, non-commercial, revocable, non-assignable and non-transferable license to download, display, view, use and/or play a single copy of the Materials (excluding source and object code in raw form or otherwise, other than as made available to access and use via standard web browsers to enable display on your device) on any device you use to access the Sites for your personal, non-commercial use only; provided that: (a) you keep intact all trademark, copyright and other proprietary notices contained in the original Materials or any authorized copy you may make of the Materials; (b) you do not use the Materials in a manner that suggests an association with any of our products, services or brands; (c) you make no modifications to the Materials; (d) you do not allow or aid or abet any third party (whether or not for your benefit) to: (i) copy or adapt the source or object code of either Sites' software, HTML, JavaScript or other programming code; or (ii) reverse engineer, decompile, reverse assemble, modify or attempt to discover any source code that the Sites create to generate their web pages or any software or other products or processes accessible through the Sites; and (e) you do not insert any code or product to manipulate the Materials in any way that affects any user's experience of the Sites.

This License is subject to Weiss Ratings Terms of Service. There is no warranty, express or implied, with the purchase of the Materials, including with respect to fitness for a particular purpose. Weiss Ratings will not be liable for any claims, or incidental, consequential or other damages arising out of this license, the delivery or your use of the Materials.

WEISS RATINGS PRO LIMITED COMMERCIAL USE LICENSE:

By purchasing a “Weiss Ratings Pro License”, Weiss Ratings grants you an exclusive, non-transferable, worldwide license to use the Material for Permitted Commercial Purposes for the agreed upon term of your membership. “Permitted Commercial Purposes” means limited business related use as identified below. 

REDISTRIBUTION PERMITTED:

Redistribution of the Documentation, in part or in whole, to any person as part of your normal course of business is permitted, you may; a) redistribute and share our ratings and reports with your potential and current clients, with your employees, and your board of directors/advisors; b) redistribute and share our ratings and reports with members of your staff, board of directors/advisors, employers; c) you may conduct comparisons and analysis and communicate that information to your potential and current clients, your employees and, your board of directors/advisors; provided however that all existing copyright and trademark notices are retained in all copies of the Documentation.

You may not however sell or receive any compensation, consideration or anything of value for our ratings, reports, comparisons, analysis or other proprietary information by any third party. Unless otherwise written permission has been obtained from Weiss Ratings, you may not use our ratings, reports, comparisons, analysis or other proprietary information in any commercial advertising or any marketing efforts without prior written consent provided by us.  Weiss Ratings Pro License does not transfer any other rights to you.

This License is subject Weiss Ratings Terms of Service. There is no warranty, express or implied, with the purchase of the Materials, including with respect to fitness for a particular purpose. Weiss Ratings will not be liable for any claims, or incidental, consequential or other damages arising out of this license, the delivery or your use of the Materials.

WEISS RATINGS PRO PLUS LIMITED COMMERCIAL USE LICENSE:

By purchasing a “Weiss Ratings Pro Plus License”, Weiss grants you an, exclusive, non-transferable, worldwide license to use the Material for Permitted Commercial Purposes, for the agreed upon term of license as outlined in your signed Pro Plus agreement. “Permitted Commercial Purposes” means any business-related use, such as (by way of example) advertising, promotion, creating web pages, integration into product, software or other business related tools etc., and strictly excludes any illegal, immoral or defamatory purpose.  

You may not however sell or receive any compensation, consideration or anything of value for our ratings, reports, comparisons, analysis or other proprietary information by any third party.

This License is subject Weiss Ratings Terms of Service. There is no warranty, express or implied, with the purchase of the Materials, including with respect to fitness for a particular purpose. Weiss Ratings will not be liable for any claims, or incidental, consequential or other damages arising out of this license, the delivery or your use of the Materials.

User Submissions: You may submit editorial requests, creative suggestions, ideas, notes, concepts, information, feedback, testimonials or other materials (collectively, “User Submissions”) to Weiss Ratings through a variety of media, including without limitation through e-mail or online submissions. You grant us, including any of our assignees, a worldwide, non-exclusive, sub-licensable (through multiple tiers), assignable, royalty-free, perpetual and irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import User Submissions in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the User Submissions. By providing a User Submission, you also acknowledge that the User Submission may be posted online or otherwise reproduced by Weiss Ratings, and waive any privacy or publicity rights you may have relating to the User Submission or use of your name or identity in conjunction therewith.

Weiss Ratings may, at its sole discretion, remove or prevent access to, in whole or in part, any online User Submission, for any reason or no reason, including any material it deems in violation of its standards. The disclaimers applicable to Outside Content apply to User Submissions.

If Weiss Ratings decides to publish your comment or testimonial, Weiss may also publish your first name, the first initial of your last name, your city, and your state next to your comment.  Other information that you provide to Weiss Ratings (such as your full name) will not be published.  For more information concerning how we protect and share your personally identifiable information see our Privacy Policy.

By submitting your name, you allow Weiss Ratings to publish your comment/testimonial and you also state that:

Prohibited Activities.

For the purpose of this Agreement, "derivative work" shall mean any change to the Documentation or any new document that contains any portion of the Documentation. Licensee Organization shall not alter or make any changes or additions to any material obtained from Weiss Ratings. 

Provide third parties with direct access to Weiss Rating Products/Services or materials so that the third parties may use the Product/Service directly.

You shall not co-brand or alter any trademarks or copyrights. 

You also agree that you will not: (a) use any robot, spider, rover, scraper, or any other data mining technology or automatic or manual process to monitor, cache, frame, mask, extract data from, copy or distribute the Materials (except as may be a result of standard Internet browser or search engine); (b) fail to follow the instructions provided on the Sites in a “robots.txt” file or similar mechanism (to the extent that you provide standard search engine services to the public); nor will you (c) modify, frame, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate to any third party or on any third-party web site, or otherwise use the Materials in any way for any public or commercial purpose except as specifically permitted by these Terms or Weiss Ratings without the prior written consent of Weiss Ratings.

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The content of other Web sites, services, resources, goods or advertisements (including those for which Weiss Ratings may receive compensation) that may be linked to the Service is not maintained or controlled by Weiss Ratings. Weiss Ratings is therefore not responsible for the availability, content or accuracy of other Web sites, services, resources or goods that may be linked to, or advertised on, the Service. Weiss Ratings does not make any warranty, express or implied, with respect to the use of the links provided on the Service, guarantee the accuracy, completeness, usefulness or adequacy of any other Web sites, services, resources, goods or advertisements that may be linked to the Service or make any endorsement, express or implied, of any other Web sites, services, resources, goods or advertisements that may be linked to the Service. Weiss Ratings is also not responsible for the reliability or continued availability of the telephone lines and equipment you use to access the Service. You understand that Weiss Ratings and/or third-party contributors to the Service may choose at any time to inhibit or prohibit their content from being accessed under the terms. You acknowledge that the service is provided for information purposes only and is not intended for trading purposes. Weiss Ratings does not guarantee the sequence, accuracy, completeness or timeliness of the service and the provision of certain parts of the service is subject to the terms and conditions of other agreements to which Weiss Ratings is a party. Accordingly, anything to the contrary herein set forth notwithstanding, Weiss Ratings, its officers and employees, general partner, affiliates, subsidiaries, successors and assigns, Suppliers and its third-party agents shall not, directly or indirectly, be liable, in any way, to you or any other person for any inaccuracies or errors in or omissions from the Service including, but not limited to, quotes and financial data, abstracts, delays, errors or interruptions in the transmission or delivery of the Service or any loss or damage arising therefrom or occasioned thereby, or by any reason of nonperformance.

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Changes to the Terms of Condition and Use of Our Services: We reserve the right at any time to:

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ACKNOWLEDGEMENT AND AGREEMENT

Not withstanding any other agreement or other communications between Weiss and Subscriber to the contrary, receipt or use of any material provided by Weiss, at any time and through any means, whether directly or indirectly, represents acknowledgement by such person of this disclaimer and agreement with its terms and conditions.