terms of use

Last updated April 15, 2010

Welcome to this AFS.com web site operated by Active Fund Strategies Group, LLC (AFS).   By visiting and using this web site you will be accepting these Terms of Use ("TOU").  Please read them carefully and if you disagree with the TOU in any way, then do not use this web site.  AFS reserves the right to post changes to the TOU on this web site at any time, and by your continuing to use the web site thereafter, you agree to be bound by the new version of the TOU. If any TOU changes are not acceptable, you must stop your use of this web site. In these TOU, “we” refers to AFS, and "User" or “you" refer to each visitor to this web site. These TOU do not create any contractual or other legal relationship between you and AFS which is a separate legal entity.
If you subscribe to any services offered through this web site, you also will be subject to additional Terms of Use ("Terms of Service" or "TOS") applicable to such services, which will be brought to your attention at that time.

Site and Services Access
We do not guarantee that access to or use of this web site or any services will be uninterrupted or error free, and AFS shall not be liable for any feature not being accessible or for any unavailability of its web site and services. The web site and its features may be expanded, limited or modified at any time by AFS to meet the needs of its Users, or for technical or other reasons, without advance notice or reason. We may also in our sole discretion, and at any time, discontinue providing, temporarily or permanently, any or all of the web site, without notice. To access some of the content or features of the web site or its services, Users may need to enhance or update the hardware or software in their computer systems. AFS assumes no responsibility for any failure to access the web site or any services, partially or fully, whether due to the User's system, the Internet network or any other cause.

No Individual Investment Advice
This web site does not provide individual or customized legal, tax, or investment services. Since each individual's situation is unique, we believe a qualified professional should be consulted before making financial decisions.

Web Site Content Limitations
We make no guarantees as to the accuracy, thoroughness or quality of the information on this web site, which is provided only on an "AS-IS" and "AS AVAILABLE" basis at User's sole risk. AFS shall not be responsible or liable for any errors, omissions or inaccuracies in the web site content. The information and investment strategies provided at this site are neither comprehensive nor appropriate for every individual. Some of the information is relevant only in the U.S., and may not be relevant to or compliant with the laws, regulations or other legal requirements of other countries. It is your responsibility to determine whether, how and to what extent your intended use of the information and services will be technically and legally possible in the areas of the world where you intend to use them. You are advised to verify any information before using it for any personal, financial or business purpose. The web site content and services may be modified at any time by us, without advance notice or reason, and AFS shall have no obligation to notify you of any corrections or changes to any web site content.

License to Use Content
We grant you a limited personal use license to access, display, download, format and print portions of this web site content solely for your own use, provided that the content is not modified and all proprietary notices are kept intact. You may reproduce, publish, translate, and merge as part of any educational, training or reference materials. distribute the content, or create a derivative work of the content on any other web site or You may not frame or utilize framing techniques to enclose any content on this web site. You may not package or otherwise redistribute for remuneration any of the website’s content.

Third Party Content
Any testimonials, opinions, advice, product or service offers, or other information or content made available on or through this web site by third parties ("Third Party Content") are solely those of their respective providers and not of AFS which does not guarantee the accuracy, completeness, reliability or usefulness of Third Party Content. It is the responsibility of the User to evaluate Third Party Content and AFS shall not be liable for any damage or loss caused by Users' reliance on or other use of Third Party Content.

Viruses
AFS does not guarantee that files available for downloading through its web site will be free of infection or viruses or other code that may have contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for integrity, security and accuracy of data input and output, and for maintaining a means external to the site for the reconstruction of any lost data.

Advertisers Are Not Endorsed
Though we seek to partner with quality companies; we are not responsible for the claims or representations made by advertisers and sponsors AFS does not review, endorse or recommend the products or services of any company mentioned on our site. We will not be liable in any way for damages of any kind resulting out of the misuse of any personal information or data submitted by you to an advertiser or sponsor.

Links
As a convenience to Users, the AFS web site and services may provide links to other sites or resources. Because we do not review or have no control over such sites and resources, AFS shall not be responsible or liable for use of or reliance on any content, products, services or information at such sites or resources. Inclusion of any links does not imply any endorsement, affiliation, approval, association or sponsorship by AFS of the linked web sites, resources, their operators or owners. When you select a link, you may be leaving our web site. The information available on third parties' web sites may have certain restrictions on its use or distribution which differ from these TOU.

Password Protected Areas
Some areas of the AFS site ("Password Protected Areas") are password protected and available only to Users who are registered with AFS to have an account. Registration requires Users to fully complete the account registration process. AFS reserves the right to deny or revoke registration or access to Password Protected Areas for any User. AFS takes reasonable measures to ensure the security of the Password Protected Areas but cannot guarantee the absolute security of information or communications in such Password Protected Areas. Users are responsible for maintaining the security of the password they receive from AFS and must notify us if they believe that the security of their password or account has been breached or subject to unauthorized use. AFS will not be liable for any loss or liability incurred as a result of an unauthorized person using a User's password.

Privacy
This web site may collect personal information from some Users. Because AFS respects the privacy of its Users and their personal information, it has established the AFS Privacy Policy to protect your personal information.

Communications
When you visit our web site or send us email, our responses to your communications will be by e-mail. All agreements, notices and communications that we provide to you by email will satisfy all legal requirements that they be in writing and delivered to you. AFS will have the right to disclose any email sent by a User, or any objectionable material, to comply with legal process or to protect the rights or property of AFS, its customers, suppliers and Users.

Proprietary Rights
The AFS web site and its content are protected by copyright, trade mark and other proprietary laws. See our Copyright Notice.

Membership Services
Although AFS offers Membership services in many parts of the world, certain AFS services may not be available in or suitable for certain countries or locales. We reserve the right to discontinue or to make changes to, any of our services at any time without advance notice.

Not Investment Advisers
We are not, and none of our analysts, owners, employees or directors is, registered as a broker, dealer or an adviser.

DISCLAIMER OF WARRANTIES
AFS DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WITH RESPECT TO THE USE OF THIS WEB SITE AND ITS SERVICES, OR THE ACCURACY, COMPLETENESS, TIMELINESS OR CURRENTNESS OF ITS CONTENT, IN ANY WAY AND FOR ANY PURPOSE.

EXCLUSION OF CONSEQUENTIAL DAMAGES
IN NO EVENT WILL AFS BE LIABLE FOR ANY INCIDENTAL, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR INDIRECT DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THIS WEB SITE OR ANY OF ITS SERVICES OR CONTENT, OR LOSS OF DATA, EVEN IF AFS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, PRODUCT LIABILITY, STRICT LIABILITY OR OTHERWISE.

EXCLUSION OF LIMITATIONS AND DISCLAIMERS
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS AFS'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

General
These TOU, and any applicable TOS, constitute the entire agreement between each User and AFS governing the User's access to and use of the web site and its services, and supersede all prior agreements regarding its subject matter. The TOU shall be governed by the laws of the State of Virginia without giving effect to any principles of conflicts of laws. Each User hereby agrees to the non-exclusive jurisdiction of the courts of the State of Virginia. The failure by a User or AFS to exercise any right or to enforce any provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid or unenforceable, the court shall give effect to the intentions reflected in the provision to the degree possible, and the other provisions of the TOU will remain in full force and effect.

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our commitment to privacy

Last updated April 15, 2010

AFS is committed to maintaining the security, confidentiality and privacy of your personal information. This Privacy Policy, developed in compliance with the applicable laws of the State of Virginia, describes what information we collect, how we use it, and the safeguards we use to protect it. BY USING AFSS WEB SITE, YOU CONSENT TO THE COLLECTION, USE AND DISCLOSURE OF YOUR PERSONAL INFORMATION AS DESCRIBED BELOW.

Please Note: AFS may occasionally update this Privacy Policy. When we do so, we will revise the last updated date at the top of this Policy, and will notify you of the changes by placing a notice on its Web Site.

Scope of Policy
This Policy applies only to personal information about identifiable individuals This Policy does not regulate AFS’s collection, use or disclosure of the following:
·        your business contact information (address, phone, fax, email); or
·        certain publicly-available information as stipulated by applicable laws.

Personal Information Collected
AFS collects personal information in its business operations, including the following information:
·        home contact information, such as
o   address, home email address,
·        date of birth, gender,
·        brokerage firm, financial advisor,
·         type of investment accounts owned and specific funds owned or tracked
·        credit card information
·        username and password for Web Site AFS account holders.
All of this personal information will be collected directly from you by email or through our Web Site. No attempt will be made to collect your personal information from other sources such as credit bureaus, financial institutions and other third parties with your account.
AFS does not use cookies and other devices on its Web Site to collect certain non-personally identifiable information.

Accountability
AFS will be accountable and responsible for personal information that is under its control. We have designated a Privacy Officer to ensure AFS’s compliance with this Policy and to address any questions or concerns you may have.

Purposes
AFS and its representatives may collect, use and disclose personal information for the following purposes:
·        authenticating identity;
·        understanding customer needs regarding AFS's products and services;
·        establishing and maintaining, communications relating to AFS's existing and new products
and services, responding to inquiries and resolving complaints;
·        establishing, maintaining and expanding AFS’s Web Site content and other aspects of its
Web Site;
·        providing and administering requested AFS products and services
·        maintaining accurate customer records;
·        processing and collecting payments and debts owed to AFS;
·        tracking use of AFS system and Web Site;
·        protecting AFS systems and Web Site from unauthorized access;
·        protecting AFS, its suppliers, customers and others, from fraud and error;
·        identifying and resolving technical problems concerning AFS services and Web Site;
·        complying with legal requirements and acting pursuant to legal authorizations;
·        managing and administering AFS employees;
·        AFS will not share registered Web Site services subscriber contact information with any
of our business contacts for any reason; nor will we
·        provide personal information to advertisers on our Web Site who provide 'third-party offers'
·        If we want to use any personal information for a new purpose, we will obtain the affected
individuals consent to do so, unless the new use is authorized or required by law. We will be pleased to answer your questions about our collection and use of this information.

Consent
We will obtain your consent to collect, use and disclose your personal information, except where we are authorized or required by law to do so without consent. Your consent can be given to us directly, or implied (such as by subscribing to our services. You may withdraw consent at any time (subject to legal, contractual and other restrictions as provided by law) if you give reasonable notice in writing to us.

Limits on Collection of Personal Information
We will not collect personal information indiscriminately and will limit our collection of personal information to what is reasonably necessary for the purposes described. We may also collect information as authorized by law.

Limits for Using and Disclosing Personal Information
We will not share any personal information collected from you with anyone for any reason whatsoever, except when otherwise authorized or required by law. We will destroy or make anonymous documents or other records containing personal information as soon as it is reasonable to assume that (a) the original purpose is no longer being served by retention of the information, and (b) retention is no longer necessary for legal or business purposes. We will take due care when destroying personal information to prevent unauthorized access to such information during its destruction process.
AFS will disclose personal information and/or an IP address, when required by law or upon its good-faith belief that such action is necessary to cooperate with the investigations of purported unlawful activities or comply with legal process.
AFS does not share any of your individual personal information with the web sites to which AFS links, although AFS may share aggregate non-personally identifiable data with such websites (such as how many people use our site).

Accuracy
We will make reasonable efforts to ensure that personal information we are using is accurate and complete. In most cases, we will rely on individuals to ensure that their information, such as street address, e-mail address or telephone number, is current, complete and accurate. If individuals demonstrate the inaccuracy or incompleteness of their personal information, we will amend the information as required. If appropriate, we will send the amended information to third parties to whom the information had previously been disclosed. When a challenge by an individual regarding the accuracy of their personal information is not satisfactorily resolved, we will annotate the personal information under our control with a note that a correction was requested but not made.

Safeguarding Personal Information
AFS protects the personal information in its custody or control by making reasonable security arrangements to prevent unauthorized access, collection, use, disclosure or disposal, in a manner appropriate for the sensitivity of the information. Please note that confidentiality and security are not assured when information is transmitted through email or wireless communication. AFS will, through contractual or other reasonable means, try to ensure that a comparable level of personal information protection is implemented by its suppliers and agents, and third-party offer advertisers, who have access to such personal information. We always attempt to deal with reputable companies who agree to respect user privacy and applicable privacy laws.

Providing Access
You have the right to access your own personal information held by AFS. You may do so, by accessing My AFS at the website.
In some situations, we may not be able to provide access to certain of your personal information. This may be the case where, for example, disclosure would reveal personal information about another individual, the personal information is protected by solicitor or attorney - client privilege, the information was collected for the purpose of an investigation, or where disclosure of the information would reveal confidential commercial information that could harm our competitive position. We may also be prevented by law from providing access to certain personal information. Where an access request is refused AFS will provide notice in writing, giving the reason for refusal and outlining further steps which are available to challenge such a decision.

Complaints
Upon request, we will provide information regarding our Privacy Policy complaint procedures.
Any inquiries, complaints or questions regarding this policy or our compliance with privacy legislation, should be directed in writing to our Privacy Officer as follows:
AFS LLC
PO Box 87
Batesville, VA 22924
Phone: (434) 953-8608
Attention: Privacy Officer
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cancellation policy

We at AFS are confident that you will find unending value in your subscription. Therefore, you may cancel your subscription at any time for any reason.

Monthly subscriptions
During the first 31 days of your subscription with AFS, your first month’s subscription fee will be completely refunded to you, with no further commitment on your part.

Annual Subscriptions
If the cancellation takes place during the first 31 days of your subscription, you will be sent a complete refund.  After 31 days, you will be bound by the terms of your subscription agreement through the 360th day, after which, there is no further commitment on your part.
Cancellation notice may only be achieved through email. Mid-month cancellations are not entitled to a prorated refund. All cancellations will be effective as of the last day of the month.

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copyright notice

Copyright ©2011, AFS LLC. All Rights Reserved

All content of this Web Site, including articles, charts, data, artwork, logos, graphics, photographs, animation, videos, web site design and architecture, audio clips and environments (collectively the Content), is the property of AFS or its affiliates, licensors or partners, and is protected by US copyright laws. Web Site users are granted only a limited license to access, display, download, print and reproduce reasonable portions of the Content solely for their own use or that of their clients, provided that the Content is not modified and all proprietary notices and source references on the Content are kept intact.

AFS is a trade-mark of Active Fund Strategies Group, LLC. The other product names and marks referred to on this Web Site are the trade-marks of their respective owners.

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