Terms and Conditions of Service
Terms and Conditions of Service: You represent that you have read and agree to be bound by the terms and conditions of service ("terms") for ETFQuest.com. You further agree to comply with U.S. law regarding the transmission of any data obtained from the Service (as defined herein) in accordance with the terms, not to use the Service for illegal purposes, and not to interfere or disrupt networks connected to the Service.
Definition of Relative Strength(RS): The relative strength of a stock is calculated by taking the percentage price change of a ETF over a set period of time and ranking it on a scale of 1 to 99 against all other ETF on the market, with 1 being worst and 99 being best.
Intellectual Property: This service, including but not limited to text, content, photographs, video, audio, and graphics (the "service"), is protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of the U.S. and other countries. The Service is also protected as a collective work or compilation under U.S. copyright and other laws and treaties. All individual articles, columns, and other elements making up the Service are also copyrighted works. You agree to abide by all additional copyright notices or restrictions contained in the Service. Restrictions on Use. You may not use the Service for any illegal purpose or in any manner inconsistent with the terms. You agree to use the Service solely for your own noncommercial use and benefit, and not for resale or other transfer or disposition to, or use by or for the benefit of, any other person or entity. You agree not to use, transfer, distribute, or dispose of any information contained in the Service in any manner that could compete with the business of ETFQuest. You acknowledge that the Service has been developed, compiled, prepared, revised, selected and arranged by ETFQuest and others (including certain other information sources) through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort and money and constitutes valuable intellectual property and trade secrets of ETFQuest and such others. You agree to protect the proprietary rights of ETFQuest and all others having rights in the Service during and after the term of this agreement and to comply with all reasonable written requests made by ETFQuest or its suppliers of content, equipment or otherwise ("Suppliers") to protect their and others' contractual, statutory and common law rights in the Service. You agree to notify ETFQuest in writing promptly upon becoming aware of any unauthorized access or use of the Service by any party or of any claim that the Service infringes upon any copyright, trademark, or other contractual, statutory or common law rights.
Further Restrictions on Use: You may not copy, reproduce, recompile, decompile, reverse engineer, distribute, publish, display, modify, transmit, or in any way exploit any part of the service, except that you may download or make one print copy of this service for your own personal, non-commercial use, provided that all copyright and other proprietary notices are retained. The analysis and data included in ETFQuest.com may not be recirculated, redistributed or published without prior written consent from ETFQuest. Modification of the service's content is a violation of ETFQuest copyright. No part of this service may be offered for sale or distributed.
License: You acquire absolutely no rights or licenses in or to the Service and materials contained therein other than the limited right to utilize the Service in accordance with the terms. Should you choose to download content from the Service, you must do so in accordance with the terms. Such download is licensed to you by ETFQuest only for your own personal, noncommercial use in accordance with the terms and does not transfer any other rights to you.
Rights Reserved: All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to the Service (the "Intellectual Property Rights") shall, as between you and ETFQuest, at all times be and remain the sole and exclusive property of ETFQuest. All present and future rights in and title to the Service (including the right to exploit the Service and any portions of the Service over any present or future technology) are reserved to ETFQuest for its exclusive use. Except as specifically permitted by the terms, you may not copy or make any use of the Service or any portion thereof. Except as specifically permitted herein, you shall not use the trademarks, trade names, service marks, trade dress, logos or titles of ETFQuest or the Service, or the names of any individual participant in, or contributor to, the Service, or any variations or derivatives thereof, for any purpose, without ETFQuest prior written approval.
Performance Disclosure: The model performance returns are compiled by ETFQuest from historical returns of a determined mix of selected ETFs based upon investment strategies. These results do not include the reinvestment of all dividends, capital gains and transaction fess. The model results do not represent actual recommendations or trading. Model results do not reflect the impact of material economic and market factors that impact ETFQuest's decision-making if ETFQuest were actually managing clients' money. Because ETFQuest manages its actual client portfolios according to each client's specific investment needs and circumstances. Model results may in some cases differ significantly from the results our clients achieve, due in part to timing of the recommendations, market conditions, client money market balances, and timing of client deposits and withdrawals. Model performance results may have inherent limitations. No representation is made that any account will or is likely to achieve profits or losses similar to those shown, and there are frequently significant differences between hypothetical performance results subsequently achieved by following a particular strategy. Model trading does not involve financial risk, and no model trading record can completely account for the impact of financial risk associated with actual trading. Other factors related to the markets in general or the implementation of any specific trading strategy that can adversely affect actual trading results cannot be fully accounted for in the preparation of model performance results. The volatility of the S&P 500, Wilshire 5000, Russell 2000, Dow Jones and Nasdaq indices may be materially different from that of the indivual's account, the securities holdings of which may differ significantly from those of the indices. The indices' results shown may reflect reinvestment of dividends. These indices have not been selected to represent appropriate benchmarks to compare the clients' performance, but rather are disclosed to allow for comparison of the Model's performance to that of well-known, widely recognized indices. This material has been prepared solely for informational purposes. Past performance is not a guarantee of future results. All investments involve risk including loss of principal.
Disclaimer and Limitation of Liability: You agree that your use of the Service is at your sole risk and acknowledge that the Service and anything contained therein, including, but not limited to, content, services, goods or advertisements (the "Items") are provided "AS IS" and that ETFQuest makes no warranty of any kind, express or implied, as to the Items, including, but not limited to, merchantability, noninfringement, title or fitness for a particular purpose or use. ETFQuest does not warrant that the Service is compatible with your equipment or that the Service is free of errors or viruses and is not liable for any damage you may suffer as a result of such destructive features. You agree that ETFQuest, its Suppliers and its third-party agents shall have no responsibility or liability for any injury or damages, whether caused by the negligence of ETFQuest, its employees, subcontractors, agents, Suppliers or otherwise arising in connection with the Service and shall not be liable for any lost profits, losses, punitive, incidental or consequential damages or any claim against ETFQuest by any other party or any fault, inaccuracy, omission, delay or any other failure in the Service caused by your computer equipment or arising from your use of the Service on such equipment.
The content of other Web sites, services, resources, goods or advertisements (including those for which ETFQuest may receive compensation) that may be linked to the Service is not maintained or controlled by ETFQuest. ETFQuest 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. ETFQuest 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. ETFQuest 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 ETFQuest 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, the service includes information taken from the New York Stock Exchange, American Stock Exchange, NASDAQ and other sources, ETFQuest 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 ETFQuest is a party. Accordingly, anything to the contrary herein set forth notwithstanding, ETFQuest, 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.
Limitation of Liability: UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL ETFQUEST, ITS SUPPLIERS AND ITS THIRD PARTY AGENTS BE LIABLE TO YOU FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES EVEN IF A ETFQuest AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED SPECIFICALLY OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM USE OF OR INABILITY TO USE THE SERVICE OR ANY PROVISION OF THE TERMS, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages. In no event shall ETFQuest total liability to you for all damages, losses, and causes and action (whether in contract or tort, including but not limited to negligence) exceed the amount paid by you, if any, for accessing this site.
Indemnification: You agree, at your own expense, to indemnify, defend, and hold harmless ETFQuest, and its employees, representatives, Suppliers, and agents, against any claim, suit, action, or other proceeding brought against ETFQuest, its employees, representatives, Suppliers, and agents, by a third party, to the extent that such claim, suit, action or other proceeding brought against ETFQuest, its employees, representatives, Suppliers, and agents is based on or arises in connection with the Service, including but not limited to your use or someone using your computer's use of the Service; a violation of the terms by you or anyone using your computer; a claim that any use of the Service by you or someone using your computer infringes any Intellectual Property Right (as herein defined) of any third party, or any right of personality or publicity, is libelous or defamatory, or otherwise results in injury or damage to any third party; any deletions, additions, insertions, or alterations to, or any unauthorized use of, the Service by you or someone using your computer; any misrepresentation or breach of representation or warranty made by you contained herein; or any breach of any covenant or agreement to be performed by you hereunder. You agree to pay any and all costs, damages, and expenses, including, but not limited to, reasonable attorneys' fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action or proceeding attributable to any such claim.
Termination of Terms: Either you or ETFQuest may terminate the terms at will, at any time and effective immediately. You may terminate the terms by discontinuing use of the Service and destroying all materials obtained from the Service. These terms will terminate immediately without notice from ETFQuest if you, in ETFQuest sole discretion, fail to comply with any provision of these terms. Upon termination by you or upon notice of termination by ETFQuest, you must destroy promptly all materials obtained from the Service and any copies thereof.
Governing Law: This Agreement shall be governed and construed in accordance with the laws of the United States and the State of New Jersey, without giving effect to conflicts of law principles thereof. You agree to submit to the personal jurisdiction of the state and federal courts located in Essex County in the State of New Jersey with respect to any legal proceedings that may arise in connection with the Service or from a dispute as to the interpretation or breach of the terms of service.
Accessing ETFQuest.com Outside the United States: ETFQuest does not represent that materials in the Service are appropriate or available for use in countries outside the United States. If you choose to access the Service from outside the United States, you are responsible for compliance with foreign and local laws. Software is further subject to United States export controls and may not be downloaded, exported, or reexported into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, or Syria, Sudan, or any other country to which the U.S. has embargoed goods or to anyone on the U.S. Treasury Department's Table of Deny Orders. By using the Service, you represent and warrant that you are not located in, controlled by, or a national or resident of any such country or on any such list.
Miscellaneous: You accept that ETFQuest has the right to change the content or functionality of any aspect of the Service at any time at ETFQuest sole discretion. You further accept that such changes may result in your being unable to access some or all services.
Severability of terms: If any provision of the terms is found invalid or unenforceable, that provision will be enforced to the maximum extent, and the other provisions of this Agreement will remain in force.
Agreement in entirety: The terms are the entire agreement between you and ETFQuest.