Tickeron's Client Account Agreement
Services Provided by TICKERON
Tickeron offers non-discretionary investment advisory services to individuals through its proprietary service, known as A.I.DVISOR - (the “ADVISOR SERVICE”).
The ADVISOR SERVICE, using information supplied by you (each a “Member” or “Client”), provides personalized guidance to help you make investment decisions. Access to the services is based on membership, which is sold on a subscription basis. Membership is divided into the following classes:
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Beginner Member;
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Intermediate Member;
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Expert Member; and
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Advisor Member.
The level of membership associated with a Client is intended to be correlated with the level of investment sophistication/experience of the Client, with Beginner Member representing the least sophisticated investor and Advisor Member representing an investment professional. The investment advisory services, and the features of our Advisor Service that Clients can access is based on the level of membership. Clients are required to select the level of membership most appropriate to them. We do not determine if the level of membership chosen by a Client appropriate for the Client and are not liable should a Client select an inappropriate level of membership, nor will reimbursements be given if a Client selects the wrong level of membership and later wants to change to a lower level. Clients who select the Advisor membership are required to be registered investment advisers. Tickeron verifies that a Client who chooses the Advisor membership is a registered investment adviser, by performing a search at http://adviserinfo.sec.gov upon initiating membership and annually thereafter. Advisor Members must be in good standing with no disqualifying events reported on Form ADV.
The ADVISOR SERVICE includes artificial intelligence and human intelligence components. Broadly, the human intelligence components make use of artificial intelligence and machine learning to generate investment recommendations, whereas the human intelligence components provide investment guidance generated by humans.
The artificial intelligence components include A.I Wizards, Pattern Search Engine, Trend Prediction Engine, and Articles & Blogs:
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A.I WIZARDS: uses Tickeron’s Diversification Score® tool to gauge relative exposure of your portfolio equity selection, and to allocate your portfolio/cash based on the Diversification score®.
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PATTERN SEARCH ENGINE: identifies patterns in stock price movements based on technical analysis, and provides alerts whenever a pattern is identified.
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TREND PREDICTION ENGINE: uses sophisticated technology to identify and analyze stock trend in real time.
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ARTICLES & BLOGS: allows Expert Members to publish investment information through “blog-style” posts on www.tickeron.com. The posts can be searched using artificial intelligence techniques. Just because Tickeron allows members to post blogs on the website does not mean Tickeron endorses or agrees with the information posted on the blog. Tickeron does not verify the accuracy or content of the blog posts by Members. If you see a blog post that does not belong or is offensive, please notify Tickeron immediately.
The artificial intelligence components utilize proprietary complex algorithms. The information provided by A.I. Wizards uses these algorithms to make suggestions for Clients based on the information you input. If the information provided is inaccurate, your Diversification score® will be affected. The Diversification score® is a tool to gauge your exposure and make suggestions for allocating your portfolio, it is not investment advice.
The human intelligence components include MALL, Community, Community Trend Predictions, Searching and Sharing Tools:
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MALL: comprises an online marketplace for member products and A.I products. Member products are created and offered for sale by other users of the ADVISOR SERVICE and may include passive portfolios, and active portfolios. A.I products include Pattern Search Engine includes artificial intelligence recognitions of patterns and associated confidence levels generated by our propriety algorithms.
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COMMUNITY / ACADEMY: we offer a variety of community features to facilitate communications between members. These include investor clubs, webcasts, and tool for members to connect as “friends”, and access to company information from stock tickers.
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COMMUNITY TREND PREDICTIONS: provides an indication of member reports on trends (market direction) over different time horizons.
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SEARCHING AND SHARING TOOLS: provides tools for members to find advisors and clients through www.tickeron.com and to share information with other “friend” members.
While Tickeron allows members to post products for sale in the MALL, provide reports on market trends, find advisors, connect with friends, etc. does not mean that we are endorsing or agree with any product, advice, or person listed on our website.
Client Responsibilities and Representations
You are responsible for the following as it relates to the services of TICKERON:
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Compliance with this Services Agreement — You agree to use our services as described in this Services Agreement. You are required to agree to terms and conditions of use of our website: www.tickeron.com. If you do not comply with the terms of this Services Agreement, you will hold us harmless from any loss. You agree that you will use our services only for your own personal use or, if an Advisor Member, exclusive professional use.
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Understanding the Limitations of Services — For example, it is important for you to understand that, although our services incorporate historical financial information, past financial performance is not a guarantee or indicator of future results. Moreover, although we believe the historical information and strategies we use are reliable, we cannot guarantee them.
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Your Own Decisions — Our services are frameworks to be used in your own investment decisions, but they are not a substitute for your own informed judgment or decisions. Moreover, they provide only some of the resources that could possibly assist you in making your decisions. You may accept, reject or modify the recommendations we provide, and you may consult with other advisors or professionals (at your expense) as you see fit regarding your personal circumstances.
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Providing Accurate and Updated Account Information — To get useful guidance on investments, you understand that you should be sure any information added to your record in the ADVISOR SERVICE is complete and accurate, and you should update your information when your investments or your personal or financial circumstances change.
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Reviewing Your Situation — Because your results can be affected by changes in your assumptions, your individual circumstances, or applicable laws and regulations, you should revisit your situation from time to time to determine whether you need to change your investment strategy.
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Authorizing Exchange of Information — You agree that TICKERON may exchange your information with third parties. We may monitor or keep records of your communications with us in order to monitor the quality of our service. You agree that we may record any telephone conversations between you and us.
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Legal – You agree to utilize our platform for legally allowed services only. Members may not share insider information using our platform nor may you post fraudulent or deceptive marketing or attempt to defraud any of our members.
Disclaimers and Limitations
The following disclaimers and limitations apply:
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We do not and cannot guarantee the future performance of your investments. TICKERON does not promise that investments it recommends will be profitable. These investments are subject to various market, currency, economic, political and business risks.
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Tickeron does not guarantee the suitability or value of any investment information or strategy. Tickeron is not responsible for advice or information you receive from anyone through the use of our site: www.tickeron.com.
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We do not provide accounting, tax or legal advice.
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We do not and cannot guarantee the completeness, accuracy, sequencing or timeliness of the educational, news and financial market information that we obtain from others and make available to you or use in providing our services. We are not responsible for the content of any such third-party material. You agree that we will not be liable for any action or decision you take in reliance on that material.
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TICKERON does not guarantee that the ADVISOR SERVICE, or any related content will be delivered to you uninterrupted, timely or error-free.
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All services are provided “as is,” and we do not make any warranties of any kind or nature, whether expressed or implied, including (without limitation) warranties of merchantability or fitness for a particular purpose or use. However, federal and state securities laws may impose liability under certain circumstances on persons who act in good faith. This Services Agreement does not waive or limit your rights under those laws.
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We will not be liable for any losses that may be caused directly or indirectly by circumstances beyond our reasonable control. In addition, neither we nor any of our affiliates, nor any of their partners, officers, directors, or employees, shall be liable for any errors of judgment, or for consequential, incidental, indirect, punitive or special damages in connection with providing services to you. In no event shall the liability of TICKERON or any of its affiliates, nor any of their partners, officers, directors, or employees, to you exceed $200.
Terms of this Services Agreement
These terms govern the use of the service. By using the advisor service, you agree to be bound by the terms and conditions set forth herein. TICKERON may terminate this Services Agreement if you do not comply with its terms. You may terminate this Services Agreement for any reason without penalty at any time. After the term of this Services Agreement ends, TICKERON will not have any obligation to make any recommendations or take any action for your account. However, the termination of this Services Agreement will not affect the validity of any action previously taken, liabilities or obligations for actions started before termination, terms and conditions of use of the Website or the provisions below in this Services Agreement concerning arbitration.
You agree not to assign this Services Agreement, and we agree not to assign this Services Agreement (within the meaning of the Investment Advisers Act of 1940, as amended) without your written consent.
Here’s how state and federal laws apply: The laws of the State of California govern this Services Agreement. State law may be preempted by federal law and, in any such case, federal law will govern to the extent it preempts state law.
This Services Agreement will not be construed to be inconsistent with the Investment Advisers Act, any applicable rule or order of the SEC under the Investment Advisers Act, the Employee Retirement Income Security Act of 1974 (“ERISA”), or any applicable rule or order of the Department of Labor under ERISA.
If any provision in this Services Agreement is invalid or unenforceable, the remainder of the Services Agreement will continue in full force and effect. The failure to insist on strict compliance with this Services Agreement will not constitute a waiver of rights under the Services Agreement. TICKERON may change this Services Agreement as it relates to TICKERON, but only with prior notice to you.
Advisory Business
TICKERON is registered with the Securities and Exchange Commission under the Investment Advisers Act of 1940. The text of our ADV Part 2 (or “brochure”) can be found on the TICKERON website or http://adviserinfo.sec.gov.
Arbitration
If there is any dispute between you and TICKERON about this Services Agreement or our services that cannot be resolved informally, you and TICKERON agree to submit to non-binding mediation to resolve the dispute. The mediation will be conducted under JAMS/ENDISPUTE or the American Arbitration Association. TICKERON will share the cost of mediation equally with you. If mediation does not resolve a dispute, you and TICKERON agree to resolve the dispute through binding arbitration, governed by the rules of JAMS/ ENDISPUTE or the American Arbitration Association.
Arbitration is final and binding. By agreeing to arbitration, you give up the right to resolve disputes in court, including the right to a jury trial, unless a waiver would violate applicable law.
Tickerons Privacy Policy
The following Privacy Policy outlines the types of personal information that Tickeron Inc. (hereinafter “Tickeron”,"we, and "us") collects through various websites (currently assetallocator.com, divscore.com, divscore.net, yourdivscore.com, 1-844-div-score.com, 1-844-divscore.com, 1844divscore.com, diversificationscore.com, diversificationstrategy.com, divscore.com, whydiversify.com, booksmart.ai, portfoliomall.com, copymytrade.com, befriend.ai, aipatterns.com, tickeron.com, diversificationscore.com, assetallocator.com, portfoliomall.com and advisorycenter.com and collectively referred to herein as "the Sites"). It also explains why we collect the information and how we use it.
If you do not agree to this Privacy Policy, please do not use the Sites. This Privacy Policy does not apply in respect of Information that you provide to other users of the Sites, whether through the services offered by means of the Sites, or otherwise. Moreover, this Privacy Policy does not apply in respect of third-party sites maintained or operated by other companies or linked to our Sites.
Broadly, this Privacy Policy applies in respect of information you provide and information we collect about you, collectively referred to herein as "Your Information.”
INFORMATION YOU PROVIDE
In using our Sites, you may be asked to provide personally identifiable information such as, but not limited to, your name, email address, telephone number, Social Security number, etc.
INFORMATION WE COLLECT ABOUT YOU
In addition to the information you provided, we collect information about you using various technologies. For example, we may use cookies, advertising and the tracking technologies to learn information about you whenever you interact with any of the Sites. This information, although not provided by you explicitly, is needed to provide you with the best possible user experience, and to provide targeted advertising for your benefit.
HOW WE USE THE INFORMATION
We use your Information to provide you with better service through any of our Sites. Additionally, we may share your Information with third parties, in order to provide you with better service and/or additional services through any of our Sites, and for advertising purposes. Finally, we may disclose your Information to law enforcement agencies, as required by law. However, we do not sell, rent, or trade your personally identifiable information to any third parties without your consent.
SECURITY
The security and confidentiality of your Information is important to us. Therefore, we have implemented measures to secure your personally identifiable information from loss or unauthorized access, use, alteration, and disclosure. We also review our security procedures periodically to consider appropriate new technologies and updated data security techniques and systems. However, please be aware that no security measure can guarantee that they will be no breach.
MINORS
Our Sites are not intended for use by minors. If you are under the age of eighteen, then please do not use any of our Sites. If you are the parent or guardian of a minor who is under the age of eighteen, and who is known to you to be using any of the services offered through our Site' then please contact us at [email protected]. If we detect that a minor under the age of eighteen is using any of our Sites, we will immediately delete said minor's account.
CHANGES TO THIS PRIVACY POLICY
We may from time to time make changes to this Privacy Policy. Any changes to this Privacy Policy will become effective immediately upon posting. Your continued use of the Sites implies your consent to any changes to this Privacy Policy.
INTERNATIONAL VISITORS
The sites are hosted in the United States. If you live outside the United States and you use the Sites, you should note that you are permitting the transfer of your personally identifiable information to the United States which may not have the same data protection laws as the country in which you reside; and you are permitting the use of said information in accordance with this Privacy Policy.
YOUR RIGHTS AS A CALIFORNIA RESIDENT
Residents of California have the right to request from us certain information with respect to the types of personal information we share with third parties for those third parties’ direct marketing purposes and the identities of the third parties with whom the business has shared such information during the immediately preceding calendar year. To exercise your rights, you may make one request each year by emailing us at [email protected]. Your request should specify your full name and the email address you used when submitting personal information to us.
OPT-OUT NOTICE
If you would like to opt-out of any of the above, please contact [email protected].