Disclaimer

THEALPHAADVISER TERMS OF SERVICE

By using our site (this “Site”), you are agreeing to comply with and be bound by the following terms and conditions. If you do not agree to the following terms and conditions, you may not use this Site. Proximity Capital, LLC ("Proximity") is the owner and operator of this Site. The term “Service” includes, but is not limited to, the text, content, graphics, audio or video produced by Proximity and appearing on this Site. The terms “you” and “your” refer to the user of the Service or viewer of this Site.

Acceptance of Agreement

By using this Site, you represent to us that you have read and agree to the terms and conditions set forth in this legal statement, which constitutes a legal and binding agreement between you and Proximity (the “Agreement”). This Agreement constitutes the only and entire agreement between you and Proximity, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to your use of the Site and the Service. This Agreement may be amended at any time by Proximity, and from time to time, without any notice to you. The latest Agreement will be posted on the Site, and you should review the Agreement prior to using or viewing this Site or the Service. You also agree to comply with U.S. law regarding the transmission of any information or data obtained from the Site or the Service in accordance with this Agreement. You also agree to not disrupt or interfere with the Site or the Service or use the Site or the Service for illegal purposes.

Not an Investment Adviser

Proximity is not registered as an investment adviser with any federal or state regulatory agency. Rather, Proximity relies upon the “publisher’s exclusion” from the definition of “investment adviser” as provided under Section 202(a)(11) of the Investment Advisers Act of 1940 and corresponding state securities laws. The Site is a bona fide publication of general and regular circulation offering impersonalized investment-related advice to subscribers and/or prospective subscribers (e.g., not tailored to the specific investment portfolio or needs of current and/or prospective subscribers).

 The Site does not provide investment advisory, investment supervisory or investment management services, nor the initial or ongoing review or monitoring of your individual investment portfolio. Therefore, you should not assume that this Site serves as a substitute for individual personalized advice from an investment professional. Rather, the Site is designed solely to provide you with a method to evaluate certain investment-related information and trading information.

You maintain absolute discretion as to whether or not to follow any portion of the Site’s content. Proximity does not offer or provide investment implementation services, nor does it offer or provide initial or ongoing individual personalized advice (neither in person nor via the Internet). It remains your exclusive responsibility to review and evaluate the content and to determine whether to accept or reject any recommendation and to correspondingly determine whether any such recommendation or model portfolio is appropriate for your investment portfolio or objective (of which Proximity has and expresses no knowledge or opinion). Proximity expresses no opinion as to whether any of the recommendations contained on the Site is appropriate for your investment portfolio, strategy, financial situation, or investment objective(s).

Disclaimer and Limitations of Liability

All information, data and analysis contained on this Site or the Service are provided “AS IS” and without warranty of any kind, either expressed or implied. Proximity believes all information, data and analysis contained in the Service to be accurate, but does not guarantee its accuracy. 

Under no circumstances, including, but not limited to, negligence, shall Proximity, any of Proximity´s affiliates, employees, or other third party data providers be liable to you for direct, indirect, consequential, incidental, special, punitive or exemplary damages even if an authorized Proximity representative has been advised specifically of the possibility of such damages, arising from the use of or inability to use the Site or the Service, such as, but not limited to, losses, loss of revenue, 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 Proximity´s 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 or using the Service. 

All information, data and analysis provided by the Site or the Service is for informational and educational purposes only and is not a recommendation to buy or sell a security, including but not limited to equities, options, futures and other derivative products, fixed income products, and ETFs.

All opinions expressed on this Site are subject to change without notice, and you should always obtain current information and perform appropriate due diligence before making trades or investment decisions. Proximity, any of Proximity´s affiliates, employees, or other third party data providers may have positions in the securities discussed in the Service and may purchase or sell such securities without notice. 

Proximity reserves the right to modify the investment strategies found on this Site from time to time without prior notice. 

Past performance does not guarantee or indicate future performance

The Dynamic US Large Cap Index

The Dynamic US Large Cap Index (the “Index”) is the exclusive property of Proximity Capital, LLC (the “Index Provider”). The Index and all data related to the Index as well as information contained herein (collectively, the “Content”) is protected by copyright and other intellectual property laws. All trademarks, service marks, trade names, service names, or logos registered or unregistered (collectively, the “Marks”) are proprietary to the Index Provider and protected by trademark and copyright laws.

The inception date of the Index is November 1, 2017. All information presented prior to the inception date represents back-tested results based on the same methodology used since the inception date. 

Past performance is not indicative of future results. The performance is based on hypothetical back-tested results for the specific time period shown and does not necessarily correspond to the entire available history of the Index. Hypothetical performance results have inherent limitations. They ignore certain factors such as trade timing, security liquidity, and the fact that market conditions may differ significantly from those of the past. Moreover, hypothetical information is prepared with the benefit of hindsight with regard to index methodology as well as index components. No representation is made as to the reasonableness of the assumptions and parameters of any back-testing methodology used to produce the hypothetical performance results.

It is not possible to invest directly in an index. Index performance does not represent an actual account or portfolio. The performance of the index does not reflect any management fees, transaction costs, or other expenses that can materially affect the performance and reduce cumulative net returns.

The Content is provided on an “as is” basis. The Content is obtained from sources considered reliable; however, the Index Provider makes no express or implied warranties as to the accuracy or completeness of the Content. The Index Provider is not liable for any informational errors, incompleteness, delays, or any actions taken based on the Content. All Content is provided for informational purposes only and should not be used to make investment decisions. The Index Provider reserves the right at any time and without notice, to change, amend, or cease publication of the Index. The Index Provider shall not be liable for any claims or losses of any nature in connection with the Content, including but not limited to, any direct, indirect, special, punitive, consequential or any other damages (including lost profits) even if notified of the possibility of such damages.

The Index Provider does not provide investment advice and does not receive any compensation from any client in this regard. The Content does not constitute an offer to sell (nor the solicitation of an offer to buy) any security. 

Acceptable Use of the Service

You agree to use the Site only for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit anyone else's use and enjoyment of the website. Prohibited behavior includes harassing or causing distress or inconvenience to any other user, transmitting obscene or offensive content or disrupting the normal flow of dialogue within this Site.

You must not use this Site to send unsolicited commercial communications. You must not use the content on this Site for any marketing related purpose without our express written consent.

Restricted Access

We may in the future need to restrict access to parts (or all) of our website and reserve full rights to do so. If, at any point, we provide you with a username and password for you to access restricted areas of our website, you must ensure that both your username and password are kept confidential.

Use of External Links

The Site may contain links to many other websites. Proximity cannot guarantee the accuracy of information found at any linked site. Links to or from external sites not owned or controlled by Proximity do not constitute an endorsement by Proximity or any of its employees of the sponsors of these sites or the products or information presented therein.

By accessing this Site, you are agreeing to be bound by this Agreement, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this Site are protected by applicable copyright and trade mark law.

Intellectual Property Rights

All copyrights, trademarks, patents and other intellectual property rights in and on our website and all content and software located on the site shall remain the sole property of Proximity or its licensors. The use of our trademarks, content and intellectual property is forbidden without the express written consent from Proximity.

You must not:

  • Republish material from our website without prior written consent.
  • Sell or rent material from our website.
  • Reproduce, duplicate, create derivative, copy or otherwise exploit material on our website for any purpose.
  • Redistribute any content from our website, including onto another website.

Termination of Service

This Agreement may be terminated at any time by either you or Proximity. If you terminate this Agreement, then discontinue using the Service and destroy all materials obtained from the Site or Service. If you fail to comply with any provision of this Agreement, Proximity in its sole discretion may terminate this Agreement immediately without prior notice. If this agreement is terminated by Proximity, you agree to promptly destroy all materials obtained from the Site or Service. All Disclaimers and Limitations of Liability provisions of this Agreement shall survive any termination of this Agreement.

Governing Law

This Agreement and your use of the Site and Service will be governed by the laws of the State of Florida. Any dispute arising out of this Agreement or your use of the Site or the Service will be heard only in the state of Florida, and you consent and submit to the personal jurisdiction of such courts.

Pricing and Cancellations

Proximity reserves the right to change the prices of any products or subscriptions provided by the Service. Unless otherwise specified, all subscriptions to the Service will be automatically renewed when they come up for renewal using the payment information Proximity has on file. Subscriptions may be cancelled at any time and are non-refundable. All payments made to Proximity are made through a third party service. Proximity is not liable for any monies lost during the transaction process, non-payment issues or declination of any credit card.

Site Availability

The Site or the Service may be temporarily unavailable from time to time due to required maintenance, telecommunications interruptions, or other disruptions. Although Proximity makes every reasonable effort to minimize such downtime, Proximity does not guarantee full availability of the Site or the Service.

Contact

If you have any questions or concerns, please email us at jhill@thealphaadviser.com.