Subscription-Investment Research Agreement
Below is the clearTREND™ Subscription-Investment Research Agreement ("Agreement") offered by Appleton Group Wealth Management, LLC for use of clearTREND™ services and website by Subscriber.
clearTREND ™ registration and data management services are provided through Microsoft Azure Data Marketplace, a cloud services platform that enables Appleton Group Wealth Management, LLC to build, deploy and manage applications and store data across a global network of managed data centers.
Subscriber's registration and login acknowledge acceptance to the terms of this Agreement and to the fees charged for the use of the clearTREND services and website offered by Appleton Group Wealth Management, LLC .
clearTREND™ is available exclusively by Appleton Group Wealth Management, LLC through the clearTREND™ website, and is a cutting edge investment research tool developed to help navigate today's dynamic markets, working to turn investment volatility into investment gains. This online research tool analyzes price movements for a nearly endless number of investment securities over various time periods, and calculates which time periods are best to consider when making investment decisions.
Using state-of-the-art technology, clearTREND™ considers an analytical technique called "Simple Moving Average Crossover," a powerful method of comparing two or more price trends to objectively generate buy and sell recommendations. clearTREND™has powerful reporting capabilities and easy-to-use navigation.
clearTREND™ is used for tracking the adjustments made in the Appleton Group managed portfolio(s) and for tracking and managing other portfolios such as self-directed investment portfolios, employer's company stock, or getting a second opinion on the investment recommendations made by a stockbroker, investment adviser or other advisor. clearTREND™ can be used for performing cutting edge market and performance research on sector trends (both in the U.S. and abroad), trends in your company's own industry, even price trends for your competitors - the possibilities are practically limitless.
INTENT Subscriber agrees to the terms and use of the clearTREND™ services and website. Appleton Group Wealth Management, LLC agrees to perform the clearTREND™ services for Subscriber. Both parties intend to be legally bound by this Agreement.
FEES AND EXPENSES Subscriber will receive a free 30 day trial subscription to clearTREND™services, beginning on the date on which Subscriber's registration is accepted. If Subscriber doesn't terminate clearTREND™services during this trial period, the initial term of Subscriber's paid clearTREND™services will start immediately after the free trial period ends, and will continue until Subscriber or Appleton Group Wealth Management, LLC terminate this Agreement. If Subscriber has taken a clearTREND™trial subscription in the past 24 months, Subscriber will not receive a free trial and Subscriber will be immediately charged for the subscribed clearTREND™services.
As compensation for the clearTREND™ services that will be provided to Subscriber during each forthcoming monthly time period, Subscriber agrees to pay to Appleton Group Wealth Management, LLC a monthly Subscription Fee for the specified services indicated in the clearTREND™ Registration link referenced above.
TERM This Agreement shall remain in force as long as mutually agreed to by Subscriber and Appleton Group Wealth Management, LLC. This Agreement may be terminated at any time, by either Subscriber or by Appleton Group Wealth Management, LLC, for any reason upon written or electronic notice to the other party. Upon termination, Appleton Group Wealth Management, LLC agrees to terminate this Agreement and Subscription services at the end of the month that they receive the termination notice.
CONFIDENTIALITY All information furnished by Subscriber to Appleton Group Wealth Management, LLC, and Microsoft Azure Data Marketplace, including Subscriber's identity, shall be treated as confidential. Appleton Group Wealth Management, LLC, Microsoft Azure Data Marketplace and other clearTREND™ information providers agree not to voluntarily disclose confidential information without Subscriber's prior consent (unless required by law, court order or agency directive). In the event Appleton Group Wealth Management, LLC is compelled to disclose confidential information by legal process, Appleton Group Wealth Management, LLC will attempt to give prior written or electronic notice to Subscriber.
NOTICE AND COMMUNICATIONS Notices required by Appleton Group Wealth Management, LLC under this Agreement shall be sent electronically to Subscriber's e-mail address indicated on this Agreement and shall be deemed given when received at the Subscriber's e-mail addresses. In the alternative or when required by law, Appleton Group Wealth Management, LLC may send notices by regular mail to Subscriber's mailing address indicated in the clearTREND™ Subscriber Registration link referenced above. Subscriber must notify Appleton Group Wealth Management, LLC through our secure website, or by mail in writing of a change in e-mail address or mailing address.
Notices by Subscriber to Appleton Group Wealth Management, LLC under this Agreement should be sent electronically through the clearTREND website and shall be deemed given when received at the clearTREND™ website.
DISCLOSURES Appleton Group Wealth Management, LLC will enter securities transactions for its own accounts and accounts of its other investment advisory clients. Appleton Group Wealth Management, LLC has a potential conflict of interest, since Subscriber and Appleton Group Wealth Management, LLC may be selling (or buying) the same investments at the same time. To address this conflict of interest, Appleton Group Wealth Management, LLC agrees, to the extent within its control, not to favor itself or other advisory clients to Subscriber's financial detriment.
Owners of Appleton Advisors LLC, parent company to Appleton Group Wealth Management LLC may also be Subscribers of clearTREND™, and as such may benefit from the revenues and profits made through the normal business of our firm. As such, a conflict of interest may exist in that our firm may have an incentive to favor those Subscribers who are owners over those that are not. Appleton Group Wealth Management LLC agrees to treat all Subscribers equally in regard to all subscription, wealth management and advisory services we offer, and to refrain from demonstrating any favorable treatment to any Subscriber. This includes all facets of our firm, including wealth management and investment advisory services more fully disclosed in our Form ADV Part 2A, Disclosure Brochure.
Appleton Group Wealth Management, LLC has a potential conflict of interest with Subscriber, since the fees that Subscriber pays to Appleton Group Wealth Management, LLC may be reduced if Subscriber elects to retain Appleton Group Wealth Management, LLC to provide Subscriber with investment advisory services.
SUBSCRIBER'S ACKNOWLEDGEMENTS Subscriber acknowledges that:
- All investment decisions implemented by Subscriber based on clearTREND™ research shall be at Subscriber's own risk, which can result in loss of Subscriber's investment capital, annual income, and/or tax benefits.
- clearTREND™ investment research involves the partial use of back-tested trade solutions.
o Back-tested trade solutions reflect trade solutions not historically implemented by investors.
o Back-tested trade solutions do NOT represent returns that any investor actually attained.
o Back-tested trade solutions are developed with the benefit of hindsight and have inherent limitations.
o Back-tested trade solutions are NOT an indicator of future actual results.
- Subscriber's use of the clearTREND™ database of trading solutions is not a recommendation to use any particular security.
- Appleton Group Wealth Management, LLC will not reimburse Subscriber for any losses as a result of Subscriber's use of clearTREND™ in making investment decisions.
- clearTREND™ research is separate and distinct from the management and performance of any actual Appleton Group Wealth Management, LLC portfolio.
- Appleton Group Wealth Management, LLC does not claim to be able to accurately predict the future investment performance of any individual security or of any asset class.
- Appleton Group Wealth Management, LLC cannot and does not survey all sources of publicly available information.
- Appleton Group Wealth Management, LLC is not responsible for the accuracy or completeness of information furnished to Appleton Group Wealth Management, LLC by Subscriber or by any other party.
- The Securities and Exchange Commission restricts Appleton Group Wealth Management, LLC's use and communication of material nonpublic information.
- Appleton Group Wealth Management, LLC recommends that Subscriber complete and implement a written personal financial plan with a professional financial adviser if Subscriber is not a professional financial adviser before investing Subscriber's money.
federal and state laws impose liabilities under certain circumstances on persons who act in good faith. Nothing herein shall in any way constitute a waiver or limitation of any rights which Subscriber or Appleton Group Wealth Management, LLC may have under any federal or state laws.
NATURE OF SERVICE clearTREND™ contains statements and statistics that have been obtained from sources believed to be reliable but are not guaranteed as to accuracy or completeness. References to any specific securities do not constitute an offer to buy or sell securities. The past performance of a mutual fund, stock, other investment, or investment strategy cannot guarantee its future performance.
clearTREND™ DISCLAIMER Neither Appleton Group Wealth Management, LLC nor clearTREND™ information providers can guarantee the accuracy, completeness, timeliness, or correct sequencing of any of the information on the clearTREND™ website, including, but not limited to information originated by Appleton Group Wealth Management, LLC, licensed by Appleton Group Wealth Management, LLC from information providers, or gathered by Appleton Group Wealth Management, LLC from publicly available sources. There may also be delays, omissions, or inaccuracies in the information.
- Neither Appleton Group Wealth Management, LLC nor the clearTREND™ information providers shall have any liability, contingent or otherwise for the accuracy, completeness, timeliness, or correct sequencing of the information or for any decision made or action taken by Subscriber in reliance upon the clearTREND™ information or for interruption of any data, information, or any other aspect of clearTREND ™. The past performance of a mutual fund, stock, other investment, or investment strategy cannot guarantee its future performance.
- Neither Appleton Group Wealth Management, LLC, nor clearTREND™ information providers make any representations about the suitability of the information, software, products, or services contained in clearTREND™. All such information, software, products, and services are provided "as is" without warranty of any kind.
- Appleton Group Wealth Management, LLC is not liable for internet service outages, or clearTREND™ website service outages outside of the control of Appleton Group Wealth Management, LLC. In addition, Subscriber is solely responsible for having internet and e-mail connections established to access the clearTREND™ website and receive clearTREND™ e-mail notifications. Appleton Group Wealth Management, LLC is not liable for Subscriber's inability to access the internet, access the clearTREND™ website or properly receive clearTREND™ e-mail notifications.
NON-EXCLUSIVE AGREEMENT Subscriber acknowledges that Appleton Group Wealth Management, LLC provides subscription investment research services, wealth management services and other advisory services to other clients and subscribers. Appleton Group Wealth Management, LLC may give different advice and may take different investment actions for other clients and subscribers. Further, Appleton Group Wealth Management, LLC may give different advice and may take different investment actions for its own corporate investments, or for the individual investments of Appleton Group Wealth Management, LLC's owners, directors, affiliates, employees, or its own employees' ERISA retirement plan.
clearTREND™ TRADEMARK clearTREND™' is a registered mark of Appleton Group Wealth Management, LLC. Subscriber is prohibited from using or allowing any third party to use the clearTREND™' mark, without Appleton Group Wealth Management, LLC's prior express written consent.
DISTRIBUTION OF clearTREND™' RESEARCH AND REPORTING Subscriber is prohibited from forwarding or disclosing clearTREND™' research recommendations to any third-party that is not a party to this Agreement. Appleton Group Wealth Management, LLC has various patents pending regarding the clearTREND™ proprietary research and reporting capabilities. Violations of those patents - once granted - will be vigorously enforced.
Subscriber represents that Subscriber has contractual capacity to use clearTREND™ and that nothing in this Agreement violates any documents governing Subscriber's legal authority. Subscriber agrees to furnish Appleton Group Wealth Management, LLC with true copies of all governing documents.
GOVERNING LAW The validity, interpretation, and performance of this Agreement shall be governed by and construed under the laws of the State of Wisconsin as long as the state law does not conflict with federal securities laws.
ASSIGNMENT This Agreement is not assignable without the prior consent of Subscriber and Appleton Group Wealth Management, LLC.
NON-WAIVER Failure of either party to object to or take other action with respect to any conduct of the other party that may be a breach of this Agreement shall not be deemed a waiver of any such breach or of any future breach or wrongful conduct.
SEPARABILITY If any provision of this Agreement or its application to any person or circumstance is found to be invalid or unenforceable, the remainder of this Agreement or the application of that provision to other persons or circumstances shall not be affected and shall remain in full force and effect.
ARBITRATION Any controversy or dispute arising out of or relating to Subscriber's use of clearTREND™ or a dispute over this Agreement or any breach thereof, will be settled by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, (AAA) and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Venue for the arbitration proceeding shall be in AppletonWisconsin. Discovery shall not be permitted except as required by the rules of the AAA. The arbitration award shall not include factual findings or conclusions of law. The parties understand that any party's right to appeal or to seek modification of any ruling or award of the arbitrator is severely limited. The cost of the arbitration panel will be shared equally by the parties. All other expenses arising out of arbitration will be the sole responsibility of the individual parties.
ENTIRE AGREEMENT This Agreement represents the entire Agreement between the parties and may only be revised with the consent of both parties. No revision of this Agreement shall be made by Appleton Group Wealth Management, LLC without Subscriber's consent. Subscriber shall be presumed to have given such consent if Appleton Group Wealth Management, LLC gives written notice via e-mail or regular mail of Appleton Group Wealth Management, LLC's intention to revise the Agreement, and Subscriber shall not have objected in writing via e-mail or regular mail to such revision within a reasonable time, not exceeding 30 days, after the giving of such notice by Appleton Group Wealth Management, LLC.
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Appleton Group Wealth Management, LLC's website address: http://www.appletongrouponline.com