This is an OM3 Ltd web site.

Suite 17, Roysfield Lane
Sunny Hills, 2010
Auckland, New Zeland

Any inquiries regarding these Terms and Conditions should be sent to:

support at etfhq dot com

OM3 Ltd (“we”, “us”, “our”, “etfhq.com”) provides investment entertainment via its website (“Site”, www.etfhq.com), via email and in other formats.  By accessing etfhq.com, using an etfhq.com service, the Information on this Web site (the “Site”) or Electronic Communications, you are agreeing with, acknowledge that you understand and will adhere to our Terms and Conditions and are bound by all applicable laws and regulations.  This Agreement is made between etfhq.com and you, the user and/or member of the Site (“you”).

If you do not agree with any part of these Terms and Conditions, you must immediately discontinue any use of the Site.  The details of these Terms and Conditions may change from time to time without notice and it is your responsibility to check for updates.  By using this Site you are agreeing to be bound by the, then current version of our Terms and Conditions.  Any reference to etfhq.com in this document shall mean OM3 Ltd and its subsidiaries, and this document shall operate as a legal agreement between you and OM3 Ltd.

Terms and Conditions

The law limits our ability to collect information from children online.  So etfhq.com is open only to persons 18 years of age and over.  All visitors certify that they are 18 years of age or over.  If we learn that a user is under age 18, his or her access to etfhq.com will be immediately terminated with no further obligation to etfhq.com, and all identifiable information will be deleted.  Misrepresenting age will not be tolerated.

Automated Billing Programs

By participating in an automated billing program, you are expressly agreeing that we are authorized to charge you an
ongoing fee at the then current rate, and any other charges you may incur in connection with your use of the applicable etfhq.com service(s) to the payment method you provided during registration (or to a different payment method if you change your account information.)  Please note that prices and charges are subject to change.  The ongoing fee will be billed at the beginning of your subscription/membership service and each month/year (depending on your subscription type) thereafter unless and until you cancel your service.  We automatically bill your payment method on the calendar day corresponding to the commencement of your paid subscription/membership service.  You may cancel at any time by following the procedure described in our Refund/Cancellation Policy below.  The monthly subscription plans are renewed on monthly intervals and the yearly ones on yearly intervals.

Refund/Cancellation Policy

Our service comes with an unconditional 90 day money back guarantee for first-time subscribers/purchasers who have spent more than $10 USD on the subscription/purchase in question.  If you are not satisfied for any reason in the first 90 days, we will be glad to issue a refund.  After your first 90 days, monthly subscriptions will not be reimbursed or refunded.  If services longer than one month in duration are purchased, a pro-rata refund can be provided on request in the first year of subscription based on the number of months used with the full list price for each month, or portion thereof, used deducted from total amount paid for the cancelled service.   Please notify us of any refund request in writing to:

support at etfhq dot com

(please supply the name and email used with your purchase along with any other information that will help us identify you).

Please note: in order to prevent abuse of our refund policy, our 90 day money back guarantee is only applicable to customers subscribing for the first time.

You can cancel at any time by making a request in writing to:

support at etfhq dot com

(please supply the name and email used with your purchase along with any other information that will help us identify you).  Upon acknowledgement of your cancellation, etfhq.com will immediately stop charging your credit card and no additional charges will occur.  Your subscription will remain active until the end of the period already paid for.

IT IS YOUR RESPONSIBILITY TO INITIATE THE REFUND/CANCELLATION REQUEST AND TO FOLLOW-UP IF IT IS NOT ACKNOWLEDGED.

Content/Reserved Rights

etfhq.com either owns the intellectual property rights, or has acquired the necessary permissions from content providers or suppliers, in all of the content, information, software, products and services on the Site and in Electronic Communications transmitted to members from time to time, including all text, HTML code, multimedia clips, images, graphics, icons, Java code and the selection and arrangement of the contents (collectively the “Information”).

Restriction on Use/Limited License – Individual Members

etfhq.com grants you a limited non-exclusive, non-transferable license to use, display on your computer, download and print short extracts of the Information for your own personal and non-commercial purposes only, provided that:

– You do not modify any of the Information.
– You can not download any of the Information for use in third party programs.
– All copyright and other proprietary notices are retained.
– You abide by these Terms and Conditions.
– You do not make the information available to third parties.

No other use of the Information is permitted.  Without limiting the generality of the foregoing, you may not:

– Copy, distribute, transmit, display, perform, reproduce, publish, license, sub-license, create derivative works from, transfer or sell any of the Information.
– Use any of the Information for any commercial purpose, or for any public display (commercial or non-commercial).
– Include any of the Information or reference thereto in or with any information, product or service that you create, distribute or provide.
– Copy or transfer any of the Information onto your own Web site or any other Web site or server.

Termination

This Agreement shall remain effective until terminated in accordance with its terms.  etfhq.com may terminate this Agreement, and/or your access to and use of the Site or any portion thereof, immediately, in the event we determine, at our sole discretion, that you have breached this Agreement.  In addition, we reserve the right, upon reimbursement of any monies due according to the Cancellation Policy, to terminate this Agreement without cause at any time along with any subscription or access to our services.

No Warranties

etfhq.com does not guarantee or warrant the quality, accuracy, completeness, timeliness, appropriateness or suitability of the Information or of any product or services referenced on the Site.  etfhq.com assumes no obligation to update the Information or advise on further developments concerning topics mentioned.  The Site and the Information may be changed from time to time without notice.

The Site and any service that you have paid for may be temporarily unavailable from time to time due to required maintenance, telecommunications interruptions, or other disruptions.  Although etfhq.com makes every reasonable effort to minimize such downtime, etfhq.com does not guarantee 100% availability of the Site or paid services.

Some of our services involve email and other delivery methods. We assume no responsibility or liability for undelivered or late emails or other communications, whatever the reason may be.  If you have problems getting your products delivered, please contact Support at:

support at etfhq dot com

ETFHQ.COM IS PROVIDING THIS SITE AND THE INFORMATION ON AN “AS IS” BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER WITH RESPECT TO THE SITE OR THE INFORMATION OR WITH RESPECT TO THE USE OR SUITABILITY OF THE SITE OR THE INFORMATION FOR ANY PURPOSE.  THE INFORMATION MAY CONTAIN INACCURACIES, TYPOGRAPHICAL ERRORS OR OTHER ERRORS.

etfhq.com disclaims all warranties, representations and conditions regarding the Site and the Information, including, without limiting the generality of the foregoing, all implied warranties and conditions of merchantability, fitness for a particular purpose, title, non-infringement, freedom from libelous or privacy-invasive content, freedom from infections of viruses and availability, whether expressed or implied, or arising from a course of dealing, usage or trade practice.

Disclaimer of Liability

etfhq.com, its employees, directors, agents, the content Providers and any other parties involved in the creation, production or delivery or marketing of the Site or the Information disclaim any responsibility and shall not, in any event, be liable for any damages, claims, liabilities, costs or obligations including any indirect, punitive, special, incidental or consequential damages, including without limitation, loss of use, loss of data, loss of business profits, loss of opportunity, business interruption, personal injury or any other pecuniary loss (collectively the “Damages”) whatsoever and howsoever caused, arising out of or in connection with the use or misuse of the Site or the Information or with the delay or inability to use the Site or the Information, whether such Damages arise in contract, tort, strict liability, negligence, equity or statute law or by way of any other legal theory, even if etfhq.com has been advised of the possibility of damages.  etfhq.com’s liability shall be strictly limited to those monies paid-to-date by member.  etfhq.com disclaims any liability for unauthorized use or reproduction of any portion of the Information or the Site.

Electronic Communications

It is the sole responsibility of the member to provide etfhq.com with an accurate and current e-mail address, and keep member profile updated.  Member understands that etfhq.com will communicate with member at its own discretion, and that it has no obligation to do otherwise.  In the event that etfhq.com communicates with member it makes no representations; and strictly disclaims any responsibility that said communication will be actually received by member.

Links

This Site may contain links to other Internet sites.  Such links are provided for reference only and were independently developed by parties other than etfhq.com.  etfhq.com is not responsible for the contents of any such linked sites and does not assume any responsibility for the accuracy or appropriateness of the information contained at such sites.  The inclusion of any link does not imply endorsement by etfhq.com of the site.  Use of any such linked site is at the user’s own risk.

No Endorsement

Reference to any third party information, product, process or services at this Site or any linked site is not an expressed or implied endorsement by etfhq.com.

Subscription Based Content

Some contents and/or services on this Site may be offered to you conditioned on your payment of subscription fees.  If you elect to purchase subscription-based content/services and transmit to etfhq.com a subscription purchase request, you warrant that all information that you submit is true and accurate (including without limitation your credit card number and expiration date), and you agree to pay all subscription fees you incur.  All payments are due and owing in Auckland, New Zealand.  You agree that these Terms and Conditions will apply to your subscription.  You also agree to be bound by any additional terms of use, conditions, privacy policies and disclaimers that may be required by etfhq.com or any content Providers.

Your subscription is personal to you and the members of your household, and you may not transfer or make available your account name and password to others, including without limitation your co-workers.  Any distribution by you of your account name and password may result in cancellation of your subscription without refund and additional charges based on unauthorized use.

No Solicitation

No part of this Site should be taken to constitute an offer or solicitation to buy or sell products or services.  Some products or services mentioned on this Site may only be available in certain areas or jurisdictions.  Any products or services mentioned on this Site are made available in accordance with local laws and only where they may be lawfully offered for sale.

Confidentiality Warning

Absent the use of encryption, the Internet is not a secured medium and privacy cannot be ensured.  Internet e-mail is vulnerable to interception and forging.  etfhq.com will not be responsible for any damages you or any third party may suffer as a result of the transmission of confidential information that you may make to etfhq.com through the Internet, or that you expressly or implicitly authorise etfhq.com to make, or for any errors or any changes made to any transmitted information.

Computer Viruses

While efforts are made to ensure that the Information provided at this Site does not contain computer viruses, you should take reasonable and appropriate precautions to scan for computer viruses and should ensure that you have a complete and current backup of the applicable items of information contained on your computer system.

Conformance with Law

You agree that your use of this Site will not violate any applicable local, national or international law, including but not limited to any regulations having the force of law.  Some jurisdictions may have restrictions on the use of the Internet by their residents.  You agree not to impersonate any person in your use of the Site or the sending of any e-mail to an address listed on the Site.

Severability

If any provision of these Terms and Conditions are determined to be invalid or unenforceable, the provision will be enforced to the maximum extent permissible and the remaining provisions of these Terms and Conditions will still be valid.

General Terms

etfhq.com and its officers and employees are not registered investment advisors or broker/dealers.  We are purely a research organization, seeking to provide unbiased information for entertainment purposes only. Readers are advised that the commentary and reports on its website(s) and in its newsletters are issued solely for entertainment purposes and should not to be construed as an offer to sell or the solicitation of an offer to buy any security.

YOU SHOULD VERIFY ALL CLAIMS AND DO YOUR OWN RESEARCH BEFORE INVESTING IN ANY SECURITIES MENTIONED IN ETFHQ.COM’S NEWSLETTERS OR WEBSITE(s).  INVESTING IN SECURITIES IS SPECULATIVE AND CARRIES A HIGH DEGREE OF RISK. YOU MAY LOSE PART OR ALL OF YOUR PRINCIPAL INVESTMENT.  IF YOU USE LEVERAGE YOU CAN LOSE MORE THAN YOUR ORIGINAL INVESTMENT AND END UP IN DEBT.

Governing Law

The laws of New Zealand will govern as to the interpretation, validity and effect of these Terms and Conditions and as to any dispute or claim based on your use of the Site or the Information, notwithstanding any conflict of laws provisions of your domicile, residence or physical location.

Legal Forum

Any dispute between the parties that results in litigation shall be exclusively heard in the Courts sitting in Auckland, New Zealand.

If you have any questions or concerns, please contact us by e-mail at:

support at etfhq dot com

If you do not agree to be bound by the above document, you should immediately discontinue any use of this Site and information related to etfhq.com

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