AVA

Subscription Agreement for Clients and Members

Last revised on November 12, 2022

AVA Investment Analytics reserves the right to refuse to conduct business with anyone who we believe poses as a risk of disseminating our research or analysis, direct or indirect monetization of our research or analysis on another platform, anyone who has violated the terms of this agreement, or for any other reason related to protecting the proprietary nature and exclusivity of our research based on our discretion.  

We explicitly prohibit newsletter publishers, research analysts, or any other provider of financial data, analysis and/or investment guidance access to our research publications.

We explicitly prohibit research subscribers from communicating our research, analysis, and viewpoints to anyone or any firm that publishes or discusses economic, investment and/or political research to any venue. All research materials published by AVA Investment Analytics are to be held in complete confidentiality.

Any such publisher who wishes to utilize our research publications in any way (direct or indirect) must contact us to arrange a licensing fee or some other form of compensation depending on the situation.

Any subscriber found or suspected of disseminating our research or analysis without our prior written authorization will be subject to legal retaliation. 

We reserve the right to deny our research to all publishers of financial data, analysis and investment guidance, as well as anyone who we believe might disseminate our analysis or insights to others.

Each of the monthly research publications offered on a subscription basis (Intelligent Investor, Dividend Gems, Market Forecaster and Commodities, Currencies and Precious Metals Forecaster) are published by, supervised under the direction of, and/or approved by Mike Stathis, the Chief Investment and Trading Analyst of AVA Investment Analytics (here after known as the Author). Neither Mike Stathis nor AVA Investment Analytics is a registered investment advisor.

We do not provide any refunds, nor do we offer any guarantees. Your results will depend on how YOU interpret and utilize our research. And your results will also be based on your judgment, skill level, and many other variables. 

Our research is designed to provide a basic foundation with which investors can use in the customization of their own investment strategies.  However, our analysis can be wrong or things can change prior to our realization of changes that might impact our analysis and conclusions. Therefore, all research subscribers should use our research only as a basic guide and understand that our conclusions may not apply to you for your specific situation. 

If you have conformation bias or have developed preconceived notions based on what you have read or seen from media or other sources, you will have a difficult time interpreting and acting on all quality research, including our own.

If you have poor judgment, you may misinterpret our research or you may implement strategies which do accurate utilize our research.

Types of Subscribers to Our Content

We have three types of Subscribers.

1) Retail investors

2) Financial advisers

3) Institutional investors.

Retail investors are defined as individual investors who do not work in the financial industry.

Financial advisers work in the financial industry and have access and/or manage accounts for clients.

Institutional investors include mutual fund managers and analysts, endowment and pension managers, fund managers and analysts of family offices, hedge fund managers and other financial professionals.

Use of Other Providers

You MUST agree to open accounts with all file sending services we select. This is the only way you will be able to receive research publications and access to research videos. There is currently no additional cost to subscribers to set up these accounts, but this could change in the future and without prior notice. 

Again, there is no cost associated with setting up an account with these services, but we cannot speak to what the future holds. Because we pay for these accounts, we do not anticipate any fees being assessed by these companies to our members and research subscribers.

In the future, we could change these service providers or we could add additional services and/or service providers which might entail additional costs. You are required to open an account with any replacement or additional services and keep these accounts open throughout the duration of your subscription and/or membership in order to have access to our materials. 

Website Member and Client Login Passwords

Members and Clients are expected to remember their website account passwords. If you forget your password you should use the automated password retrieval system instead of contacting us.

Subscribers to our monthly publications will be provided with one or more passwords required to access video research presentations. We will change these passwords regularly and we will send email messages when passwords have been changed. Each subscriber is responsible for taking note of the current password and all changes in passwords.

We reserve the right to charge for each password request we receive. If you do not want to pay to receive your password the best solution is to WRITE IT DOWN IN A PLACE where you can easily locate it. As well, take note of all password changes.

If you lose your password and do not want to pay for staff to provide it to you, you will be required to wait for the next month to receive it when new research publications have been released.

You Might Be Required to Apply for Access to Our Research

You may be asked to fill out an application form prior to receiving approval to subscribe to our research.  You are expected to fill out the information requested in the application with complete accuracy and honesty.  All of the information requested from the application must be accurate and up to date. We will verify all information.

If we find that any of the information below is found to be inaccurate, we reserve the right to reject your application. If any of the information you provide to us in an application form changes, you must notify us at info@avaresearch(dot)com within 30 days or you risk forfeiture of your research subscription and website access privileges.

You Cannot Republish or Disseminate Our Research and Other Content

Our content is intended only for the individual(s) who paid for the subscription to our publications or Website Membership. Website Members cannot discuss our content in the public domain or send any of our material to anyone without prior written approval. 

Research Subscribers cannot send any of our research materials to anyone.

Research Subscribers cannot discuss the results of our analysis from any research publication, including webinars with anyone.

Our research is proprietary and protected by both copyright and trade secret law.

Moreover, Research Subscribers cannot use our research or insights for the purpose of benefiting any business related to investment or business analysis and forecasting. You cannot use our research to incorporate into any newsletters, commentaries, videos or other presentations unless you receive prior written consent from us.

Professional investors, fund managers and financial advisers can use our research for the purpose of advising their clients and managing funds and accounts. However, if you are a publisher of a newsletter (printed, digital, audio or video) or anything else that deals with the economy, investments, securities trading, investment analysis or anything related to these areas, you cannot subscribe to our research prior to disclosing this. We will determine to what extent, duration and any limitations and/or additional fees (not limited to licensing fees) we  will impose based on all information you provide to us about your related business and your intent to utilize our research and insights.

If any of this information changes throughout the duration of your paid subscription to our publications or Website Membership, you are to notify us within 30 business days. If any of this information changes throughout the duration your paid subscription to our publications or Website Membership, and you fail to notify us of these changes it could possibly cause you to forfeit the remainder of your subscription or Membership.

Research Video Passwords

Under normal circumstances, research and educational videos will not be embedded on or directly available through the website. Therefore, these videos can only be accessed by logging into the website which hosts these videos. The links to these videos will be contained on the website and categorized by folders. These video folder links (i.e. Member 2015 Video Folder, Intelligent Investor 2012-2014 Video Folder) are located on a video index page within our website. The video index page can be found by checking under the top menu for LIBRARY. The video index page also has a link found on the upper left-hand side of the Home Page.

Research subscribers should familiarize themselves with the Monthly Research Release Schedule (typically a box located at the upper left corner of the website). This will discuss when each research publication is to be released.  

Please Keep Your Personal Opinions to Yourself

We publish a variety of content in addition to the investment and economic research. The vast majority of this additional content, while not part of the research subscription, is made available to paid subscribers of our publications for the purpose of helping them better understand how media works, and the need to avoid it.

We operate a professional research firm.

Please do not confuse us for an ad-based platform whereby the publishers encourage feedback, as this is a scam designed to pull readers in deeper so that more ad revenues are generated.

If you do not like any of the other content we provide or if you are unable to comprehend the purpose of it, consult friends, family or seek professional assistance. But do not bother us with your issues. We do not operate a blog or provide a feedback system.

If you do not want to read articles that might "upset" or "offend" you, simply do not read them.

We typically do not send article email alerts, because we do not want to burden our subscribers. We do send alerts on occasion.

All Clients and Members have the option to turn off article email alerts by logging into their account on the website. 

We Will NOT Respond to Emails that Use Anti-spam Systems

This is a notice to anyone who uses any type of anti-spam email system which requires us to click a link then enter certain codes in order to read the email that has been sent to us (e.g. Spam arrest).

We will NOT click any links regardless what that claim to be and we will not enter any codes in order to comply with some foreign email system.

We will NOT read or respond to such emails. If you want to ask us questions, please get rid of this ridiculous email system which places a burden on us and exposes us to potential phishing attempts.  

Complimentary Membership

Although we MAY provide a Complimentary Website Membership to subscribers of our research publications, we do NOT provide access to the Member Video Library and other valuable resources. However (except for possible rare exceptions) all videos and audios contained in the Member Video Library can also be found in the Video Library of the research publications (usually these audios and videos have been previously released into the Video Library of one or more of the Newsletters).

In addition, we are under NO obligation to provide customer support pertaining to any Member-related issues to research subscribers who receive Complimentary Membership (or for those research subscribers who were allowed to use their membership fee as a credit towards the purchase of one or more research publications).

Finally, there is NO monetary value associated with Complimentary Membership. When you subscribe to one of our research publications, your rate covers the research only. 

Handling of Emergency Issues

Because we are a small boutique investment research firm, we have greater limitations with regards to dealing with emergency and other unforeseen issues which could hinder our abilities to deliver research publications on time. Even though we will do all in our power to make sure to remedy all emergency situations, there is a possibility that we will be unable to deliver research publications to subscribers during one or more months. If this happens, all Clients and research subscribers will be notified. We will do our best to mitigate the situation. This might entail delivering the research in different formats (e.g. audio, video, written). The research might also be led by one or more individuals designated and approved by Mike Stathis, head of research and trading. If we are unable to publish research to subscribers for one month or more or if research is delayed by one month or more, we will credit each subscriber's account with the number of months research was not delivered as expected.

As of November 12, 2022, after publishing research since May 2009, we have never failed to deliver research publications to any of our Clients as promised even though we have encountered several unforeseen issues.

Lifetime Rate Lock-in

On occasion, we may offer (with limitations) the opportunity for retail subscribers to one or more of our research publications to lock-in their annual subscription rate (to be paid within 30 days of expiration of their newsletter subscription term) for life as long as they remain continuous subscribers and as long as they abide by the terms of this rate lock-in as well as the Subscription Terms.

We plan to notify subscribers that their subscription has ended so they can continue to receive this lifetime rate. We cannot guarantee all subscribers will receive a notification, nor do we guarantee such notification will be timely. If the 30-day grace period lapse without payment for the new subscription period, we reserve the right to cancel the lock-in rate renewal arrangement.

Promotions and Price Quotes

All promotions, price quotes and terms are subject to change or expire without any prior notice.

We generally honor all price quotes and promotions listed on the website, provided through email or any other means of written communication for ten (10) days unless otherwise noted.  

Professional Investors Are Not Eligible to Lock in Rates

Financial advisers and financial institutions (including research analysts and fund managers) do not qualify for an annual rate lock-in.  

Financial advisers, fund managers, analysts and other professional investors who wish to subscribe to one or more of our investment publications must pay the subscription rate for financial advisers or financial institutions even if they plan to use our research publications for personal use only. 

Furthermore, financial advisers and financial institutions that are currently subscribed to the Intelligent Investor and wish to renew their subscription are required to renew at the applicable rate listed at the time when they renew, as given on the subscription page. 

Any possible discounts we may offer to financial advisers and financial institutions will only be considered based on prepayment for multiple subscriptions and/or time periods.

We reserve the right to verify the status of each subscriber. 

We also expect all subscribers to adhere to all copyright and trade secret laws.  In no instance do we permit sharing of our research publications (including the investment newsletters) with other individuals or organizations. If we detect any instance whereby subscribers have violated our copyright and/or trade secrets, we reserve the right to cancel your subscription without any refund. In addition, you may be subjected to legal actions.    

We also reserve the right to pursue damages in a court of law if our intellectual property rights are violated.

Membership

We may offer complimentary Membership benefits to newsletter subscribers at no additional cost. But this complimentary Membership may not include all content that paying Members receive. In addition, this complimentary Membership does NOT include any customer service whatsoever. We reserve the right to charge subscribers who receive complimentary Membership a fee for handling customer service issues pertaining to their Membership.

If subscribers who receive complimentary Membership violate our Code of Conduct, we reserve the right to terminate their complimentary Membership.

If for whatever reason newsletter subscribers are unable to access articles and other things on the avaresearch.com website, log into their account (Client or Member), we will not provide any credits, refunds or any other financial reward. Payment for research publications is only for research publications. Any and all publications or services we offer in addition to a research subscription (such as Membership) is offered with no warranties or guarantees. 

You Agree to Accept Our Code of Conduct

If you do not agree to accept our Code of Conduct, do NOT use our website, do NOT subscribe as a Member and do NOT subscribe to our research. We reserve the right to terminate your subscription with no refund at any time and without prior warning if you violate our Code of Conduct. We will not tolerate any form of inappropriate or abusive behavior or comments in emails.

We do NOT acknowledge any form or so-called "political correctness" and we will NOT structure our content in order to satisfy rules of behavior that seek to comply with commonly accepted norms of "political correctness." This means we could use "foul language," gender specific slants, so-called "racial slurs" and so forth. The use of certain words are only harmful if you allow them to be harmful. 

Furthermore, we do NOT acknowledge the term "racism." We believe it is a term created and used with the intent to manipulate the psyche in order to paralyze individuals into a fear of speaking facts.

We often discuss topics that are viewed as politically incorrect or even so-called "hate speech" by the powers at be. We do NOT recognize these ridiculous designations and we will continue to express our views unhindered. Although it is rare that we discuss such topics in the research, it is a possibility, especially during live webinars. More often, these topics will be discussed in the articles and videos we publish on the site.

Also see the section "Keep Your Personal Opinions to Yourself."

Penalties for Subscription Fraud

All prospective (and current) subscribers must subscribe to the option that fits their category. Failure to do so constitutes fraud. Upon detecting subscriber fraud, we will immediate terminate all subscriptions associated with the fraud without refund. We may also pursue fraud charges in criminal and/or civil court.

Subscribers must pay for individual research subscriptions. We own all copyrights to our publications.  As a paid subscriber to one or more of our research publications, you agree to not distribute, republish or use any of the information, forecasts or insights from these publications for anything other than your own personal use.  

You are not permitted to share the research or analysis with anyone without our prior written approval.

You are not permitted to disclose any securities recommendations, analyses, opinions, etc. in the public domain or with anyone without our prior written approval.

You are not permitted to use our research (all publications including all investment research) to manage any investment funds other than those directly in your name without our prior written approval.

If you are a financial adviser, fund manager, analyst, fund manager of a family office, pension or endowment fund manager, or other category of professional investor, you are required to disclose this to us as well as additional information we request in order to determine your eligibility. 

If you fail to disclose that you are a financial adviser, fund manager, analyst, manager of a family office, pension or endowment fund manager, or any other category of professional investor, we reserve the right to terminate your subscription immediately without issuing a refund and to pursue a legal judgment against you and your representing firm for violating our intellectual property rights. 

All opinions expressed on the website in the form of written articles, audios, videos, any research reports, special reports, or any other form of communication published by AVA Investment Analytics either located on , print or digital format are solely the current opinions of the Author and the staff at AVA Investment Analytics at the time they were written or otherwise communicated in relation to AVA Investment Analytics.

None of the Author, staff of AVA Investment Analytics owes any fiduciary obligation to any reader of the Newsletter. The opinions expressed on our websites (avaresearch.com and avaresearch.net)  as well as in our research publications, webinars and consultations may be short-term in nature and are subject to change.

The Author is considered an agent of AVA Investment Analytics and is employed as a research analyst. The Author discusses analysis of securities which he may or may not hold positions. During periods when the Author discusses that he may hold positions or plans to liquidate, initiate or add to securities positions, the decision to follow through with these plans may change based on numerous variables.

Any mention by the Author of his own asset allocation, securities positions, trading, risk management or other strategies are only meant to serve as a general illustrative example and in no instance should readers interpret these disclosures, opinions and strategies to be suitable for their own financial profile.

It is the responsibility of each member and/or research subscriber to determine his or her own suitability for all recommendations and illustrations contained within our websites and research publications as well as all other communications distributed by AVA Investment Analytics.

Past performance is not indicative of future results. None of the Author, staff of AVA Investment Analytics guarantees any specific outcome or profit. All investments involve substantial monetary risk, including the risk of losing one's entire investment.

None of the information contained within any of our research publications, consultations and webinars constitutes, or is intended to constitute, a recommendation by the Author, staff or AVA Investment Analytics that any particular security, investment or strategy is suitable for any specific person. Each reader should determine his or her own investment suitability, preferably with the assistance of a registered financial representative or investment adviser.

None of the information contained in our research publications or in live webinars is intended to be personalized investment advice. Investments or strategies mentioned in our research publications or in live webinars may not be suitable for all individuals. Subscribers to our research should make their own independent decisions regarding risk and suitability. The material contained in our research publications does not take into account each subscriber's particular investment objectives, financial situation or needs. All subscribers should strongly consider seeking personalized advice from their own investment adviser.

We do not issue refunds. Under no circumstances will we provide a refund of the newsletter subscription, research subscription, website membership, or any other services. We provide investment research, analysis and educational material. Thus, there are no guarantees or warranties of any kind offered by this publication or on the web site, implied or non-implied.  You should check our research publications track record prior to subscribing.  If you have difficulties receiving the newsletter, you are expected resolve these issues, as we cannot control your Internet Service or email Provider.

It is up to each reader to ensure they have provided AVA Investment Analytics with access to a working and reliable email account. We are not responsible for publications that may get lost in email transit. Readers are expected to contact AVA Investment Analytics if they have not received the scheduled publication as soon as possible.

The material contained in each research publication is protected by copyright and trade secret law and cannot be shared or discussed with anyone. Laws pertaining to copyright and trade secret will be rigorously enforced according to the statues set forth by the U.S. Patent and Trademark Office and the applicable Copyright Acts.

AVA Investment Analytics reserves the right to refuse to conduct business with anyone who we believe poses as a risk of disseminating our research or analysis, anyone who has violated the terms of this agreement, anyone we believe to be dishonest, or for any other reason we deem might harm our business.

We explicitly prohibit newsletter publishers or any other provider of financial data, analysis and/or investment guidance access to our research publications. Any such publisher who wishes to utilize our research publications must contact us to arrange a licensing fee. We reserve the right to deny our research to all publishers of financial data, analysis and investment guidance.

Everything We Publish Should Be Taken to Be Our Opinion 

By using this website and research you agree that you have read the following statement, fully understand it, and agree to accept it as a condition for using this website.

The opinions, statements, comments, and remarks published as articles, audios and videos on this website (avaresearch.com) as well as affiliated sites under the control of AVA Investment Analytics should not be assumed to factual.

Even if we report or claim that something is a “fact” or is “factual” this claim or characterization should not be relied upon. All claims made by AVA Investment Analytics that something is a “fact” should be interpreted only as a figure of speech or an opinion.

Each reader should conduct his/her own research to determine for their own benefit whether all information published on this website is factual or simply our own opinion.

Membership Disclosures

Members do not have access to special data portals or any other premium service. 

We do not guarantee members will receive access to any specific number of articles, videos or podcasts. These publications will be made available at our discretion. 

All Members must accept our Terms and Conditions as a part of their Membership requirements.

We do not provide refunds for any reason.

We reserve the right to deny Membership to anyone if we feel could cause harm to us or our business. 

We reserve the right to revoke anyone's Membership for violation of one or more statutes in our Terms and Conditions.

We reserve the right to change the terms of the Membership Agreement at ANY time, without prior notice or approval by current Members.

If you do not agree to ALL of the terms of this Agreement, including the Terms & Conditions, do NOT sign up as a Member or Client.

The analysis contained in our presentations (written, audio, video, and webinars) is intended for informational and/or educational purposes and discusses our own opinion(s) as of the date of publication of these presentations. The content contained in our presentations should not be considered to be a complete statement of material facts nor relied upon to be accurate, and therefore is not a sufficient basis alone on which to base an investment decision.

Our presentations do not represent personalized investment advice and should not be taken as such. We are not financial advisers and our presentation materials should not be interpreted to be financial advice. Prior to making any investment decisions, you should contact your registered financial representative to discuss your suitability. All information is subject to change without notice.

Predictions, forecasts, and estimates for any and all markets and individual securities should not be construed as recommendations to buy, sell, or hold any security--including mutual funds, futures contracts, and exchange traded funds, or any similar instruments.

AVA Investment Analytics is not registered as a financial adviser. Our research and analysis are meant to be generic and should not be considered personalized financial advice. You should always consult your registered financial representative to determine the suitability of any actionable research we provide.

The presentation and analysis contained in our presentations is not intended as a recommendation or an offer or solicitation for the purchase or sale of any security or financial instrument, nor is it an official confirmation of any transaction, or representative of an official position or statement of AVA Investment Analytics.

The information contained herein has been obtained from sources believed to be reliable but is not necessarily complete and its accuracy cannot be guaranteed. No representation or warranty, expressed or implied, is made as to the fairness, accuracy, completeness, or correctness of the information and opinions contained herein.

The views and the other information provided in our presentations are subject to change without notice. All articles, videos, audios, and research reports (including all investment newsletters) published by AVA Investment Analytics are issued without regard to the specific investment objectives, financial situation, or particular needs of any specific recipient and are not to be construed as a solicitation or an offer to buy or sell any securities or related financial instruments. Past performance is not necessarily a guide to future results. Company fundamentals and earnings may be mentioned occasionally but should not be construed as a recommendation to buy, sell, or hold the company’s stock.

OUR RESEARCH METHODOLOGIES ARE PROTECTED BY COPYRIGHT AND TRADE SECRET LAWS. No portion of our analysis or research presentations may be discussed with anyone who has not paid to our research content. No portion of our content may be summarized, paraphrased, published, or posted to any platform by anyone. Violation(s) of these mandates will be considered infringement of our intellectual property and will be subject to legal action.

By registering with us as a member or client, you hereby agree unconditionally to all of the above terms and conditions.

THIS AGREEMENT DESCRIBES YOUR RIGHTS AND RESPONSIBILITIES. PLEASE READ IT CAREFULLY BEFORE USING THIS WEBSITE OR ANY OTHER SERVICES OFFERED THROUGH AVAIA.

AVA Investment Analytics, LLC, Terms and Conditions

Last revised: December 30, 2023.

AVA Investment Analytics, LLC owns and operates the websites known as AVAresearch.com and AVAresearch.net, as well as all services and service providers related to these websites ("the Sites"), including various recorded, live, and written research and educational publications ("Research"), live and recorded audio and video content ("Digital Multimedia").

We refer to Clients as those who have purchased one or more annual subscriptions to our Research. We refer to Members as those who have purchased an annual subscription providing access to restricted publications and other materials on the Sites. Access to these Sites, Research, and Digital Multimedia is subject to your compliance with the terms and conditions set forth in this Agreement.

By accessing these Sites, the Research and Digital Multimedia published by AVA Investment Analytics, LLC, you agree to be bound by these terms and conditions.

We use several external websites (“Service Providers”) to distribute our Research and other content. These Service Providers are linked to our Sites. Our Research may be hosted on these websites, so you must also agree to be bound by the terms and conditions from these Service Providers.

If you do not agree to these terms and conditions, please do not use these Sites, do not access our Digital Multimedia, do not subscribe as a Member, and do not subscribe as a  Research Client, purchase any of our research, educational materials or other products and services.

This Agreement is made between AVA Investment Analytics, LLC and you, the user, Member, and/or Research Client of the Site ("you"). 

We reserve the right to terminate or restrict access to our Sites, Digital Multimedia,  Research, educational materials and other products and services to anyone who is in violation(s) of any of the conditions in this agreement.

We reserve the right at any time to: Change the Terms and Conditions of this Agreement; Change the Sites, including eliminating or discontinuing any content on or feature of the Sites; or Change any fees or charges for use of the Sites.

Be sure to review this Agreement periodically to ensure familiarity with the most current version.

We Do Not Provide Investment Advice

The material on the Sites has been created and published with no regard to the specific investment objectives, financial situation, or particular needs of any visitor.

All Research has been created and published with no regard to the specific investment objectives, personal financial situation, or particular needs of any Research Client, Research customer, or visitor.

All content published on the Sites is provided solely for informational purposes and is not to be construed as a solicitation or an offer to buy or sell any securities or related financial instruments.

All Research is published solely for informational purposes and is not to be construed as a solicitation or an offer to buy or sell any securities or related financial instruments.

We are not licensed by any securities regulators to serve as financial advisers. We do not provide personalized financial advice. And we do not operate a financial advisory service.

AVA Investment Analytics, LLC accepts no liability whatsoever for any loss or damage of any kind arising out of the use of all or any part of the material from this Site, including but not limited to the Digital Multimedia, Research, and educational materials including that which is hosted on and accessible from our Service Providers.

Our comments are an expression of opinion. While we believe our statements to be true, they always depend on the reliability of our own credible sources. While we believe our opinions to be well-researched and carefully considered, there will always be numerous variables and unknowns which may cause us to form inaccurate conclusions.

Finally, our opinions and insights are meant to be generic and do not consider the financial profiles of our Members, Clients, or anyone who accesses our Research. We recommend you consult with a licensed, qualified professional who understands your financial profile and other relevant information about you before making any investment decisions.

AVA Investment Analytics, LLC is a Publisher of Investment Analysis and Educational Resources 
We are not registered as a securities broker-dealer or an investment adviser either with the U.S. Securities and Exchange Commission or with any state securities regulatory authority. We rely 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.

AVA Investment Analytics, LLC is bona fide publisher 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 material provided on these Sites is for general informational purposes only.  No information on these Sites is intended as securities brokerage, investment, tax, accounting, or legal advice, as an offer or solicitation of an offer to sell or buy, or as an endorsement, recommendation or sponsorship of any company, security, or fund.  The information on these Sites should not be relied upon for purposes of transacting securities or other investments. 

Past performance may not be indicative of future results. No prospective or existing Member, Client or Research customer should assume future performance of any specific investment or investment strategy, including investments or investment strategies made reference to directly or indirectly in our Sites, Research publications, educational publications, or indirectly via a link to unaffiliated third-party web sites, will be profitable or equal any historical performance levels.

Different types of investments involve varying degrees of risk. There can be no assurance that any specific investment will be suitable for a prospective or existing Member, Research Client’s investment portfolio. Historical performance results for investment indices or categories generally do not reflect the deduction of transaction or custodial charges, the deduction of an investment management fees, nor the impact of taxes, the incurrence of which would have the effect of decreasing historical performance results.

Membership to these Sites are NOT available to publishers of personal finance, consumer finance, investment, economic, or political content, their agents, employees, representatives or family members unless we provide written approval in advance. 

Publishers of personal finance, consumer finance, investment, economic or political content, their agents, employees, representatives, or family members are automatically barred from subscribing to our Research, educational materials, and other products and services.

If you are in any way affiliated with or related to anyone who works in the publishing industry that provides investment, economic or political content, you must state your exact relationship and request to be approved as a Member, Research Client or to purchase educational materials and other products and services. You must first disclose to us that you are affiliated with or related to anyone who works in the publishing industry that provides investment, economic, or political content before you apply for and pay for any of our Research, educational materials, other products, and services. You must be approved in writing by us before you will be accepted as a Member, Research Client, or be permitted to pay for any other products or services. 

If you are in any way affiliated with or related to anyone who works in the publishing industry that provides investment, economic or political content, and you gain access to Membership, Research or other products and services, we reserve the right to terminate your access to these materials without refund. We also reserve the right to pursue intellectual property actions in court.   

The Risk is Yours Alone

References made to third parties are based on information obtained from sources believed to be reliable, but are not guaranteed as being accurate. We cannot and do not assess, verify, or guarantee the adequacy, accuracy or completeness of any information, the suitability or profitability of any particular investment, or the potential value of any investment or informational source. Visitors, Members, and Research Clients should not regard our Research as a substitute for the exercise of their own judgment. You bear responsibility for your own investment research and decisions, and should seek the advice of a qualified securities professional before making any investment. 

Any opinions expressed in these Sites are subject to change without notice. AVA Investment Analytics, LLC is not under any obligation to update or keep current the information contained herein.

Certain portions of these Sites may contain a discussion of, or provide access to, positions or recommendations as of a specific prior date. Due to various factors, including changing market conditions, such discussions may no longer be reflective of current positions or recommendations. Moreover, no prospective or existing Research subscriber or anyone who accesses our Research should assume that any such discussion serves as the receipt of, or a substitute for, personalized advice from an investment professional.
AVA Investment Analytics, LLC and its editorial staff are not registered investment advisors, broker/dealers, or research analysts/organizations.

Readers are advised that the commentary and reports on the Sites and in the Research are provided solely for informational purposes and should not to be construed as an offer to sell or the solicitation of an offer to buy any security. The opinions and analyses included on the Sites and in the Research are based on sources believed to be reliable and written in good faith, but no representation or warranty, expressed or implied is made as to their accuracy, completeness, or correctness.

YOU SHOULD VERIFY ALL CLAIMS ON THE SITES AND FROM THE RESEARCH, CONDUCT ADEQUATE DUE DILIGENCE AND DO YOUR OWN RESEARCH BEFORE INVESTING IN ANY SECURITY DISCUSSED OR MENTIONED IN THE RESEARCH OR THE SITES. INVESTING IN SECURITIES IS SPECULATIVE AND CARRIES A HIGH DEGREE OF RISK. YOU MAY LOSE PART OR ALL OF YOUR PRINCIPAL INVESTMENT.

Members and Research Clients are urged to consult with their own independent financial advisors with respect to any investment. All information contained in our Research and educational materials should be independently verified because we can and do make mistakes, and our analysis could be wrong. AVA Investment Analytics, nor its officers, directors, partners, contributors, or employees/consultants accept any liability whatsoever for any direct or consequential loss arising from any use of information on the Sites or any use of information in its Research.

Our Sites are limited to dissemination of general information pertaining to investments, together with access to additional investment-related information and links. Accordingly, the publication of these Sites on the Internet should not be construed by any consumer, prospective Member, or Research Client as the rendering of personalized investment advice for compensation, over the Internet or in Live Calls. We are not investment advisers, financial advisers, attorneys or accountants, and no portion of the content on the Sites or in the Research should be interpreted as personalized investment, legal, accounting, or tax advice.

General Code of Conduct

While using these Sites, you agree not to:

• Restrict or inhibit any other visitor, Member or Research Client from using the Site, including, without limitation, by means of "hacking" or "cracking" or defacing any portion of any of these Sites;
• Use these Sites for any unlawful purpose;
• Express or imply that any statements you make are endorsed by us, without our prior written consent;
• Transmit (a) any content or information to us or elsewhere that is unlawful, fraudulent, threatening, harassing, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes on our or any third party's intellectual property or other rights; (b) any material, non-public information about companies without the authorization to do so; (c) any trade secret of any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us);
• Engage in spamming or flooding on these Sites or through our contact emails;
• Transmit any software or other materials that contain any virus, worm, time bomb, Trojan horse, or other harmful or disruptive component;
• Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of these Sites;
• Remove any copyright, trademark, or other proprietary rights notices contained in these Sites;
• Frame" or "mirror" any part of these Sites without our prior written authorization;
• Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of these Sites or their contents;
• Harvest or collect information about these Sites’ visitors, Members, or Clients;  
• Permit anyone else whose Member account or Research subscription was terminated to use these Sites and/or access the content and Research through your subscription, username or password;
• Communicate with us in any manner that we perceive as threatening, harassing, abusive or disrespectful, including through email, article comments or by telephone.

While using the Sites you agree to comply with all applicable laws, rules, and regulations.

You Agree to Accept Our Code of Conduct

We do NOT acknowledge any form of "political correctness" and we will NOT structure our content in order to satisfy rules of behavior that seek to comply with commonly accepted norms of "political correctness." This means we could use "foul language," gender specific slants, so-called "racial slurs" and so forth.  

Registration for Subscription to the Site

To have full access of all standard media (articles) on these Sites you must become a registered paid Member. Research Clients will be provided with complimentary access to the Sites for a limited period to be determined at our discretion.

When you register to become a Member or Client, you agree to (a) provide accurate, current, and complete information about yourself as prompted by the appropriate registration form, and (b) to maintain and update your information to keep it accurate, current, and complete.  You acknowledge that, if any information provided by you is untrue, inaccurate, not current, or incomplete, we reserve the right to terminate this Agreement and your use of the Sites, access to all Research and Digital Multimedia.

If you are a Member or Client of AVA Investment Analytics, LLC, and you have reason to believe that your online account is no longer secure, you must immediately notify us by emailing us through the contact form on the Sites. 

YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.

Code of Conduct for Member, Research Clients, and Other Customers

While using the Sites and accessing our Research and other publications, you agree not to:

• Restrict or inhibit any other visitor, Member or Research Client from using the Site, including, without limitation, by means of "hacking" or "cracking" or defacing any portion of any of these Sites;
• Use these Sites for any unlawful purpose;
• Transmit (a) any content or information to us or elsewhere that is unlawful, fraudulent, threatening, harassing, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes on our or any third party's intellectual property or other rights; (b) any material, non-public information about companies without the authorization to do so; (c) any trade secret of any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us);
• Engage in spamming or flooding through our contact emails or Service Providers;
• Transmit any software or other materials that contain any virus, worm, time bomb, Trojan horse, or other harmful or disruptive component;
• Republish any Research, educational or other non-public material anywhere, including social media, websites, public or private forums;  
• Share our Research publications, conclusions, insights, forecasts, educational materials, and other intellectual property with anyone or publish it in any way, offline or online, including social media, websites, public or private forums.  
• Permit anyone else whose Member account or Research subscription was terminated to use these Sites and/or access the content and Research through your subscription, username or password;
• Communicate with us in any manner that we perceive as threatening, harassing, abusive or disrespectful, including through email, article comments or by telephone;
• Engage in communications or making statements we perceive as untrue, threatening, harassing, defamatory, abusive or disrespectful, including through emails, public posts, social media, forums, discussion boards, by messaging systems, or by telephone.

Payment

Payment for subscription to Memberships and all Research materials is due in advance of the subscription period you select.  Payment for special presentations, educational materials and other materials is due prior to accessing and receiving the materials.

You agree to pay all fees and charges incurred in connection with your subscription and other products and services (including any applicable taxes) at the rates in effect when the charges were incurred.  You agree to pay all amounts due upon our demand. In the event we have to collect unpaid amounts you owe us, you will be liable for all attorneys' and collection agency fees. 

Members and Research Subscribers Must Agree to Use File Sharing Services We Select

We use several Service Providers to provide secure access to our Research and other materials. You must agree to open accounts with all file sending and hosting services we select. This is the only way you will be able to receive research publications and access to research videos. There is no additional cost to subscribers to set up these accounts.  

You must agree to set up an account with these services. Again, there is currently no cost associated with setting up an account with these services, but we cannot speak to what the future holds.

In the future, we could change Service Providers or we could add more Service Providers. You are required to open an account with any replacement or additional Service Providers and keep these accounts open throughout the duration of your Research subscription and/or membership. 

Refund Policy

Under no circumstances will we provide a refund of any Research subscription, special presentation, educational content, Membership, consulting, or any other products or services. We provide investment research, analysis, and educational material. Thus, there are no guarantees or warranties of any kind offered by our publications, implied or non-implied. 

You should check our research track record prior to subscribing to our Research, paying for special presentations and educational content.  You are free to email us with any questions you may have regarding our Research track record or questions about the Research, Memberships, consulting and other products and services.

If you have any difficulties receiving access to the Sites, the Research, or other materials you should first contact us so we can investigate the issue. Please note that the issue is sometimes on your end and we cannot control your Internet Service or email Provider.

Promotions and Price Quotes

All promotions, price quotes and terms are subject to change or expire without any prior notice. We generally honor all price quotes and promotions listed on the website, provided through email or any other means of communication for ten (10) days from the date of first publication unless otherwise noted.  

Our Rights to Deny or Restrict Use

We reserve the right to restrict or deny anyone access to this website for any reason.  We also reserve the right to reject any requests for subscription to AVA Investment Analytics, LCC Membership, Research, educational materials, or any other products of services for any reason we believe is not in our best interests.

Claims of Copyright Infringement

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. Copyright law.  If you believe in good faith that materials hosted by AVA Investment Analytics, LCC, or one of its subsidiaries infringe your copyright (for example, materials posted to a Message Board), you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked.  If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice.  Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details.  Notices and counter-notices with respect to the Site should be sent to us.

We suggest you consult your legal advisor before filing a notice or counter-notice.  Also, be aware that there can be penalties for false claims under the DMCA.  

Ownership and Restrictions on Use

Copyright © 2023,  AVA Investment Analytics, LLC. All Rights Reserved.  These Sites (AVAresearch.com and AVAresearch.net) are owned and operated by us in conjunction with others pursuant to contractual arrangements.

You may not print, republish, upload, post, transmit or distribute materials from these Sites in any way without our prior written permission.  Modification of the materials or use of the materials for any other purpose is a violation of our copyright and other proprietary rights and is strictly prohibited.  You acknowledge that you do not acquire any ownership rights by using these Sites.

Jurisdictional Issues

These Sites are solely directed to individuals residing in the United States of America. We make no representation that materials in these Sites are appropriate or available for use in other locations. Those who choose to access these Sites from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. We reserve the right to limit the availability of the Sites and/or the provision of any service or product described thereon to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion, and to limit the quantities of any such service or product that we provide.

Links to Other Websites

The Sites may contain links to other Internet websites or resources. We neither control nor endorse such other websites, nor have we reviewed or approved any content that appears on such other websites. You acknowledge and agree that we shall not be held responsible for the legality, accuracy, or inappropriate nature of any content, advertising, products, services, or information located on or through any other websites, nor for any loss or damages caused or alleged to have been caused by the use of or reliance on any such content.

Limitations of Liability

AVA Investment Analytics LLC, its founder, its content providers, employees, officers, and directors (the Company) SHALL NOT BE LIABLE for any incidental, indirect, consequential or special damages, including loss of revenue or income, pain and suffering, emotional distress that result from the use of, or the inability to use, the materials in these sites, or similar damages even if the Company has been advised of the possibility of such damages.

The Company is not responsible for the content provided by editorial contributors to AVA Investment Analytics, LCC. It is the responsibility of contributors or broadcast guests to adhere to copyright and trademark laws regarding submissions to AVA Investment Analytics, LCC.

Links to Third Party Sites

AVAresearch.com and AVAresearch.net may contain links to third party web sites ("Linked Sites"). The Linked Sites are not under the control of AVAresearch.com or AVAresearch.net unless these sites are our designated Service Providers and are being used to host and store Research and other publications from AVA Investment Analytics, LLC.

Neither AVAresearch.com nor AVAresearch.net is responsible for the content of any Linked Sites, and makes no representations regarding the content or appropriateness of content on such sites.

AVA Investment Analytics, LLC.  does not promote, endorse, or have any affiliation with any Linked Sites or linked site owner unless expressly stated in AVAresearch.com and AVAresearch.net.

When you access a linked site from AVAresearch.com and AVAresearch.net you leave these Sites and you do so at your own risk. You are responsible for viewing and complying with the terms and conditions of use posted on these Linked Sites.

Third-Party Web Sites Seeking to Link with AVAresearch.com and AVAresearch.net.
You may link to AVAresearch.com and AVAresearch.net only if you receive prior written approval from us, and provided that you comply with the following restrictions:

• You do not create a browser or border environment around the content from AVAresearch.com or AVAresearch.net.
• You do not state or imply that AVA Investment Analytics, LLC, AVAresearch.com or AVAresearch.net is endorsing your site or your products.
• You do not misrepresent your relationship with AVA Investment Analytics, LLC, its members, officers, or directors.
• You do not present false information about AVAresearch.com or AVAresearch.net, or AVA Investment Analytics, LLC, its activities, its members or its employees.
• You do not display the AVA Investment Analytics, LL name, logo, trademark, or other identifier on your site without the written permission from an authorized agent of AVA Investment Analytics, LLC.
• You do not remove, conceal, or obliterate any copyright or other proprietary notice, source identifier, or credit line from any content contained on AVAresearch.com or AVAresearch.net.
• You do not link from a web site that could be construed as distasteful or offensive, obscene, defamatory, libelous, misleading, or is being used for illegal purposes.
• You do not link from a web site that infringes upon any intellectual property or other right of any entity or person.

If in the opinion of AVA Investment Analytics, LLC, you violate any of these restrictions, you agree to immediately remove our Sites links from your web site. 

Access to Secure Areas

You agree that you will not attempt to access password protected and/or secure areas of these Sites or Research publications unless you are an authorized user with an active account. If you are an authorized user with an active account, you agree not to assist third parties in obtaining access to these areas or Research publications without the written approval of an authorized agent of AVA Investment Analytics, LLC.

You agree that AVA Investment Analytics, LLC may disclose any information involving you (including your identity) if AVA Investment Analytics, LLC believes that there is a violation of law or in response to any applicable law, regulation, legal process, or government request.

Miscellaneous
As a condition of your use of these Sites, you agree not to use these Sites for any purpose that is unlawful or prohibited by this agreement.

Use of these Sites by you is unauthorized in any jurisdiction that does not give effect to all provisions contained in this agreement.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and AVA Investment Analytics, LLC, as a result of this agreement.

If any part of these terms and conditions is held to be invalid or unenforceable for any reason including, but not limited to, the warranty disclaimers and liability limitations specified above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement will remain in full force and effect.

A printed version of this agreement shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

These terms and conditions constitute the entire agreement between you and AVA Investment Analytics, LLC with respect to your use of the site. You acknowledge that, in providing you access to and use of the site, AVA Investment Analytics, LLC has relied on your agreement to be legally bound by these terms and conditions.

Note on Free Email Accounts

We have found that most free email services such as Yahoo, Hotmail, Gmail, and others often do not provide a good source for receipt of large files, such as those sent by us. These free email services usually treat file attachments as spam. Therefore, to ensure timely delivery of all documents to your email, we highly recommend that all Members and Clients use an email through their ISP or some other paid email account, as we cannot be held responsible for failed email deliveries. If you do not receive a document that you qualify to receive, simply email us and we will resend it promptly. However, to minimize delays in receipt, we recommend that you use a paid email.

Everything We Publish Should Be Taken to Be Our Opinion 

By using these Sites you agree that you have read the following statement, fully understand it, and agree to accept it as a condition for using these Sites.

The opinions, statements, comments, and remarks published as articles, audios and videos on these Sites (AVAresearch.com and AVAresearch.net) as well as affiliated sites under the control of AVA Investment Analytics should not be assumed to be factual.

Even if we report or claim that something is a “fact” or is “factual” this claim or characterization should not be relied upon. All claims made by AVA Investment Analytics, LLC that something is a “fact” should be interpreted only as a figure of speech or an opinion. Each reader should conduct his/her own research to determine for their own benefit whether all information published on these Sites is factual or simply our own opinion.