This website disclaimer (“Disclaimer”) is written for all users of PortfolioBuilder, including any additional websites and mobile applications now in use or hereinafter developed (collectively “PortfolioBuilder”).
The parties referred to in this Disclaimer shall be defined as follows:
- Portfolio Builder Technologies, LLC, us, we: The Company, as the creator, operator, and publisher of PortfolioBuilder, makes PortfolioBuilder, and certain Services on it, available to users. The Company, us, we, our, ours and other first-person pronouns will refer to the Company, as well as all employees and affiliates of the Company.
- You, the User, the Client: You, as the user of PortfolioBuilder, will be referred to throughout this Disclaimer with second-person pronouns such as you, your, yours, or as user or client.
- Parties: Collectively, the parties to this Disclaimer (the Company and You) will be referred to as Parties.
- Services: Any combination of the products and services for sale on PortfolioBuilder.
By continuing to use this website, you assent to each term and section contained in this Disclaimer.
Through your use of PortfolioBuilder, you acknowledge and agree that information provided by the Company is simply that, information and, and should not be considered a substitute for legal advice, tax advice, audit advice, accounting advice, or brokerage advice under the guidance of a licensed professional. Further, the information provided herein should not be taken as financial planning or investment solicitation. No fiduciary relationship has been created between you and the Company.
You hereby understand and acknowledge that through your use of PortfolioBuilder, you are not being represented by an attorney, certified financial planner, broker, or other regulated advisor. Certain of the PortfolioBuilder Services may provide access to such a professional, through a referral service by which PortfolioBuilder receives affiliation fees, or provide tax-related information, but if you are in need of legal or financial advice, including a review of any financial or tax decisions, we advise you to consult the appropriate advisor, such as your own attorney, accountant, or other professional.
You agree that your use of PortfolioBuilder and Services is at your sole and exclusive risk and that any Services provided by the Company are on an “as is” basis. The Company hereby expressly disclaims any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. The Company makes no warranties that PortfolioBuilder or the Services will meet your needs or that PortfolioBuilder or Services will be uninterrupted or error-free. We endeavor to keep PortfolioBuilder and the Services as secure as possible but you hereby acknowledge that no system involving the transmission of information via the Internet, or the electronic storage of data, is completely secure. We are not liable for any loss, theft, unauthorized access, disclosure, copying, use, or modification of your personal data that occurs outside our reasonable control. The Company also makes no warranties as to the reliability or accuracy, completeness, or quality of any information on PortfolioBuilder or obtained through the Services. you agree that the Company is not liable for any errors, omissions, loss or damage which may be caused by your use of PortfolioBuilder or Services, to the fullest extent permitted by law. Any damage that may occur to You, through your computer system, or as a result of loss of your data from your use of PortfolioBuilder or Services is your sole responsibility.
Documents, information, or other Services received on or through PortfolioBuilder may not be appropriate for your particular situation, the assessment of which is your sole and exclusive responsibility.
PortfolioBuilder makes no assurances to any particular outcome based on your use of PortfolioBuilder or any of the Services, including business or financial outcomes. If you choose to purchase PortfolioBuilder’s automated investment Services, you acknowledge and agree that these Services may not be suitable for every investor and that you should always undertake to make your own investment decisions. You further agree that any projected returns shown through PortfolioBuilder’s Services may not be indicative of real-world results and that your investment returns or financial gains are not guaranteed in any way. Any representations of historical performance or projected performance are not warranted to be accurate or error-free.
The maximum liability of the Company arising from or relating to your use of PortfolioBuilder or Services is limited to the greater of one hundred ($100) US Dollars or the amount you paid to the Company in the last three (3) months. This applies to any and all claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.
Terms & Conditions
Portfolio Builder Technologies, LLC is strictly a financial research publishing firm (a publisher) and does not provide individual investment advice to its subscribers. Portfolio Builder Technologies is not an investment advisor or a registered securities broker/dealer.
For purposes of these Terms and Conditions of Service (“TCS”), the term “Portfolio Builder Technologies” (also “IC”, “we,” “us”) includes Portfolio Builder Technologies, LLC and its related companies, subsidiaries, divisions, and brands, including without limitation “Crypto Trader” “Options Trader Pro” and “Options Trader” and Portfolio Builder Technologies and sub-domains thereto.
The information we publish is based on our 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 advisor or broker you select.
None of the creators, editors and providers of or contributors to 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.
The views expressed in the Services are the author’s’ own opinions. The Services may contain opinions from time to time with regard to securities mentioned in other Services, and those opinions may be different from the ones obtained by using another portion of the Services.
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 the Services make every effort to protect your principal, you can lose money. Therefore they are not 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, see also 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 the 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 you 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.
To help us track the performance of our services, we estimate the pre-commission gains based on the market prices following the publication of each recommendation. Naturally, the results each subscriber achieves may differ depending on the actual prices paid / received and the commissions paid. In addition, examples of potential performance returns may sometimes be based on simulated — not actual — trades, assuming entry and exit prices that could have been obtained during regular market conditions. These entry and exit prices calculated do not reflect or include costs of spreads, market delays, or fees and commissions. Similar returns may or may not be actually achieved by subscribers.
While every effort is made to evaluate the actual experience of subscribers, performance figures must be considered hypothetical, and past results are no guarantee of future performance. Hypothetical or simulated performance results have certain inherent limitations. Unlike an actual performance record, simulated results do not represent actual trading. Also, since the trades have not actually been executed, the results may have under- or over-compensated for the impact, if any, of certain market factors, such as lack of liquidity. Simulated trading programs in general are also subject to the fact that they are designed with the benefit of hindsight. No representation is being made that any account will or is likely to achieve profits or losses similar to those shown.
References to examples of past performance are not intended to provide a total picture of portfolio results. Your results may vary considerably depending on a series of factors, including: (a) when you begin or cease investing, (b) which recommendations you choose to act on, (c) how much money you choose to invest in each recommendation, (d) the specific prices you get, (e) the broker commissions you pay, (f) the interest income you earn on uninvested funds, and (g) the number and magnitude of losing or winning trades you experience. Past results are not necessarily indicative of future performance.
REQUIRED RISK DISCLOSURE STATEMENT
Notice: Hypothetical performance results have many inherent limitations, some of which are described below. No representation is being made that any account will or is likely to achieve profits or losses similar to those shown. 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
Use of Testimonials
The performance experienced by a subscriber as described in user comments and/or testimonials on any of our promotional advertising or our website is not necessarily reflective of what you should expect to experience. Although (PortfolioBuilder.io) a Division of Portfolio Builder Technologies accepts the testimonials in good faith (PortfolioBuilder.io), a Division of Portfolio Builder Technologies has not independently examined the business records of any of the users and therefore has not verified any specific figures or results quoted therein. These results may not be typical, and your performance, if any, will vary depending upon many factors which include, but are not limited to, how closely you follow the recommendations, the price you paid / received, and commissions paid. There is also risk you will not make any money at all or could even lose money. In the event that a customer does not provide us with a usable picture or video/audio of themselves, the testimony presented are Actual Testimonials from our Customers but may be a represented by a stock photo or recorded by a third party. Testimonials may be edited for clarity or brevity. No one has been paid to share their stories.
Independent Contracted Editors
Portfolio Builder Technologies, LLC is strictly a publisher of financial information. Neither Portfolio Builder Technologies nor any of its affiliated companies are registered investment advisers or broker/dealers. However, at times Portfolio Builder Technologies 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 Portfolio Builder Technologies. Any business relationship you may enter with an independent editor is not associated, condoned, affiliated or endorsed by Portfolio Builder Technologies. Any independent editor acting in the capacity as a registered advisor or broker is OUTSIDE the scope and their agreement and contracted responsibilities with Portfolio Builder Technologies.
Our role is that of a publisher and the role of our editors is to provide you with financial information that you can use to make your own investing decisions.
Subscribers should not view any of our publications as offering personalized legal or investment counseling. Investments recommended in any publication should be made only after consulting with your investment advisor and only after reviewing the prospectus or financial statements of the company in question.
Unless you are a member of our Lifetime Membership Services “Options Trader” and (the others (Lifetime), your subscription will continue for the initial term of the subscription (the “Initial Term”), and 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). However, you will receive a full refund of your renewal subscription fee if you cancel within 7 days of your subscription renewal.
Lifetime (Lifetime) members:
As described in the membership registration process, the annual maintenance fee required to maintain your account, will be automatically billed to the credit card you designated during the subscription process (or subsequently changed) each year. If you wish to cancel your membership, please call our Customer Service Department through our Contact Us web page or directly at [email protected]
You may remove the benefit of automatic renewal by notifying our Customer Service Department. You may cancel your subscription at any time by notifying our Customer Service Department. You can contact our Customer Service Department by telephone at (505) 322-7515 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 (505) 322-7515 or email them through our Contact Us web page. If you wish to change any of your delivery preferences you may visit the preference page.
You may submit editorial requests, creative suggestions, ideas, notes, concepts, information, feedback, testimonials or other materials (collectively, “User Submissions”) to Portfolio Builder Technologies 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 Portfolio Builder Technologies, 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.
Portfolio Builder Technologies 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 (see Third-party Content Paragraph below) apply to User Submissions.
By submitting your name, you allow Portfolio Builder Technologies to publish your comment/testimonial and you also state that:
If you discuss a specific publication in your comment, you are a current subscriber of that publication. The information that you include in your comment is accurate and complete. You have no material connection to Portfolio Builder Technologies, LLC (i.e., you are not a current or former employee of Portfolio Builder Technologies, LLC or related to a current or former employee of Portfolio Builder Technologies, LLC, and have not been offered, or provided, any compensation or item of value in exchange for providing a favorable comment.
Third-Party Content and Advertisers
Certain areas of IC’s publications and/or websites may feature “Outside Content,” which is content identified as or attributed to a party other than us, including without limitation articles licensed to us and third-party advertisements. You understand that Outside Content (information, advertisements, articles, data, text, images, hyperlinks to non-Portfolio Builder Technologies and to our related divisional sites, or other materials) displayed on IC’s publications and/or websites are the sole responsibility of the person or entity who created such content. You acknowledge that IC is not the creator of Outside Content and, as such, IC does not guarantee the accuracy, integrity or quality of such content. IC 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 IC and our affiliates, 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 IC Parties, 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 Service. We do not endorse or verify claims made by third-party advertisers and you may wish to consult with an independent, registered financial advisor or a licensed broker before buying or selling any security or investment recommended by an outside advertiser.
LIMITATION ON Portfolio Builder Technologies LIABILITY
Portfolio Builder Technologies liability, whether in contract, tort, negligence, or otherwise, shall be limited in the aggregate to direct and actual damages not to exceed the fees received by Portfolio Builder Technologies from Subscriber. Portfolio Builder Technologies will not be liable for consequential, incidental, punitive, special, exemplary, or indirect damages resulting directly or indirectly from the use of or reliance upon any material provided by Portfolio Builder Technologies. Without limitation, Portfolio Builder Technologies shall not be responsible or liable for any loss or damages related to, either directly or indirectly, (1) any decline in market value or loss of any investment; (2) a subscriber’s inability to use or any delay in accessing the Portfolio Builder Technologies website or any other source of material provided by Portfolio Builder Technologies; (3) any absence of material on the Portfolio Builder Technologies website; (4) Portfolio Builder Technologies’ failure to deliver or delay in delivering any material or (5) any kind of error in transmission of material; or (6) the use by a subscriber of any research to invest in any way which may be deemed unsuitable in accordance with certain industry standards. Portfolio Builder Technologies and Subscriber acknowledge that, without limitation, the above-enumerated conditions cannot be the probable cause of any breach of any agreement between Portfolio Builder Technologies and Subscriber. “No-risk” and “risk-free” refer solely to the subscription price refund policy.
DISCLAIMER OF WARRANTY
ANY AND ALL MATERIAL PROVIDED BY Portfolio Builder Technologies IS PROVIDED “AS IS” AND Portfolio Builder Technologies MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
ACKNOWLEDGEMENT AND AGREEMENT
Notwithstanding any other agreement or other communications between Portfolio Builder Technologies and Subscriber to the contrary, receipt or use of any material provided by Portfolio Builder Technologies, 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.
Portfolio Builder Technologies, LLC is the copyright owner of all information contained in this service, except as otherwise indicated. Other parties’ trademarks and service marks that may be referred to herein are the property of their respective owners. You may print a copy of the information contained herein for your personal use only, but you may not reproduce or distribute the information to others or substantially copy the information on your own server, or link to Portfolio Builder Technologies’s website, without prior written permission of Portfolio Builder Technologies. Use or reproduction of information from this service for any other purpose is expressly prohibited by law, and may result in civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.