Legal Notices

Welcome to AOCM-funds.com. This Site is owned and operated by Alpha Optimization Capital Management (collectively, “AOCM”). Please read the following Legal Notices that are the terms and conditions of use for this site (“Site”), as well as our Privacy Policy. By using this Site and the information and services available through this Site, you agree to follow and be bound by these conditions of use in effect on the date(s) the Site is accessed by you. If you do not agree to these conditions, do not use this Site.

Site for Information Only

The data, information, and content on this Site are for information, education, and noncommercial purposes only. Under no circumstances should any information or materials presented on this Site be used or construed as an offer to sell, or a solicitation of an offer to buy, any securities, financial instruments, investments or other services. Although AOCM may provide data, information, and content relating to investment approaches, you should not construe any such information or other content available through this Site as investment, legal, accounting or tax advice. AOCM makes no representation that the securities or services described on the Site are suitable for any specific investor. You alone will bear the sole responsibility of evaluating the merits and risks associated with the use of any data, information, or content on this Site before making any decisions based on such data, information, or content. In exchange for using such data, information, or content, you agree not to hold AOCM or its third party content providers liable for any possible claim for damages arising from any decision you make based on information made available to you through this Site. By providing access to other websites, neither AOCM nor any of its affiliates is recommending or endorsing services provided by any website’s sponsoring organization. Materials relating to the AOCM funds should be read in conjunction with a fund prospectus that describes charges, expenses, and risks. Read it carefully before any investment.

Risk of Investing

Investing entails risks, including possible loss of principal. No representation is being made that any investment or transaction will or is likely to achieve profits or losses similar to those achieved in the past, or that significant losses will be avoided. No assurances or guarantees are given regarding the performance of any investment. Returns, share price, and yield will fluctuate and redemption value may be more or less than original cost. Investments in the AOCM funds are not insured or guaranteed by the US government or any other party. Past performance is no guarantee of future performance.

Indexes

Comparative indexes are unmanaged and do not reflect the payment of advisory fees and other expenses associated with an investment in a fund. Investors cannot invest directly in an index.

Forward Looking Statements

The Site contains forward-looking statements, which reflect our current views with respect to, among other things, the operations and performance of our businesses. You can identify these forward-looking statements by the use of words such as “outlook,” “believe,” “expect,” “potential,” “continue,” “may,” “should,” “seek,” “approximately,” “predict,” “intend,” “will,” “plan,” “estimate,” “anticipate” or the negative version of these words or other comparable words. Forward-looking statements are subject to various risks and uncertainties. Accordingly, there are or will be important factors that could cause actual outcomes or results to differ materially from those indicated in these statements. We undertake no obligation to publicly update or review any forward-looking statement, whether as a result of new information, future developments or otherwise.

Taxes

Investors may receive taxable dividends and capital gains distributions. Your tax obligation may affect the after-tax returns realized from your investment. Please consult your tax advisor concerning your particular circumstances.

Your Account

If you maintain an account that you access via this Site, you are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities occurring under your account or password that are due to your conduct, inaction, or negligence.

License and Site Access

AOCM hereby grants you a limited, nonexclusive, nontransferable license to view, bookmark, download, and print the pages within this Site and the documents, graphics, and media incorporated on those pages. The pages within this Site may be used solely for personal, informational, and noncommercial purposes. You may not modify, copy, distribute, transmit, post, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any pages, data, information, software, products, or services obtained from this Site, unless you have obtained the prior written permission of AOCM. All rights not expressly granted herein are reserved by AOCM. AOCM expressly reserves the right (but has not obligation) to monitor any and all use of this Site.

Special Notice to Non-US Residents

Each of the investment products and services referred to on this website is intended to be made available to US residents. This website shall not be considered a solicitation or offering for any investment product or service to any person in any jurisdiction where such solicitation or offer would be unlawful. AOCM makes no representation that transactions, products or services discussed on or accessible through the Site are available or appropriate for sale or use in all jurisdictions or by all users, or that access by any user in the place it is located is not illegal or prohibited. Because of the global nature of the Internet, you agree to comply with all local rules regarding online conduct, including all laws, rules, codes, and regulations of the country in which you reside and the country from which you access this Site. In addition, you agree to comply with all applicable laws, rules, codes, and regulations regarding the transmission of technical data exported from the United States. AOCM reserves the right to limit access to the Site to any person, geographic region or jurisdiction.

Linking

AOCM has not reviewed or authorized any sites linking to this Site. If you link other websites to this Site, you may not suggest that AOCM has endorsed or is affiliated with such websites and you may not display this Site as “framed” within another website. We do not take responsibility for any websites linking to this Site or any links from this Site. Any links from or to other websites are provided merely for the convenience of the users of the Site and the inclusion of these links does not imply any endorsement, representation or warranty by AOCM with respect to any such linked websites or the content, products or services contained or accessible through such websites or their operators. THE LINKED SITES ARE NOT UNDER THE CONTROL OF AOCM AND AOCM IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE OR ANY CHANGES OR UPDATES TO SUCH SITES. AOCM DISCLAIMS RESPONSIBILITY FOR THE PRIVACY POLICIES AND CUSTOMER INFORMATION PRACTICES OF ANY THIRD-PARTY WEBSITES HYPERLINKED TO OR FROM THIS SITE. Following links from and to this Site is at your own risk.

Password and Security Information

Certain areas of the Site are password protected and are only accessible to those who have a valid AOCM-issued password. You may not attempt to access any password protected areas of the Site without authorization. In the event that you have been issued such a password, you acknowledge and agree that AOCM has granted you limited access to specific files pertaining to investments relevant to you, and you agree not to attempt to access other computer files. Persons who have access to the password protected area are responsible for maintaining the confidentiality of any account information, user names, and/or security questions and answers that they may use to access any page or feature on the password protected area, and for logging off any protected areas of the Site. Accordingly, you should take steps to protect the confidentiality of your password. You should notify AOCM immediately if you become aware of any disclosure, loss, theft or unauthorized use of your password.

Persons with access to the password protected area are solely responsible for maintaining the confidentiality and security of their unique passwords. They may not disclose their passwords to any third party. If password information is shared with a third party in violation of this Agreement, such as an information aggregator, we may not be able to verify the user of the password information. If password information is shared with a third party in violation of this Agreement, including an information aggregator, AOCM assumes no liability or responsibility whatsoever for the integrity and security of that third party’s information systems or the dissemination, through a third party, of any confidential information. AOCM will not be responsible for any loss that arises from such use or action or from the failure to comply with these provisions.

AOCM makes no warranty, express or implied, regarding the security of the Site, including with respect to the ability of unauthorized persons to intercept or access information transmitted by or to you through this Site.

Copyright Policy

Copyright ©2021 Alpha Optimization Capital Management LLC. All rights reserved.

Downloading Software and Files

If you download software or files from this Site, the software—including any files or images incorporated in or generated by the software and data accompanying the software—and files (collectively, the “Files”) are licensed to you by AOCM solely for your personal, noncommercial use. However, AOCM does not transfer title to the Files to you. You own the medium on which the Files are recorded, but AOCM and its licensors retain full and complete title in and to the Files, including all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Files to any other form whatsoever. Software from this Site is subject to US export controls. Software from this Site may not be downloaded or otherwise exported or reexported outside the United States. By downloading or using any software from this Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any country or territory outside the United States.

Termination

The rights granted to you herein terminate immediately upon any violation by you of these terms of use. AOCM reserves the right to terminate your access to this Site at any time, without notice, for any reason whatsoever. You agree that AOCM shall not be liable to you or any third party for any termination of your access to this Site.

Disclaimers and Limitations of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMITTED UNDER APPLICABLE LAW, AOCM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, AVAILABILITY, ACCURACY OR COMPLETENESS. AOCM MAKES NO WARRANTY THAT: THIS SITE WILL MEET YOUR REQUIREMENTS; THIS SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF VIRUSES, ERRORS, WORMS, DATE BOMBS, TIME BOMBS, OR OTHER HARMFUL COMPONENTS; THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS SITE WILL BE ACCURATE OR RELIABLE; THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THIS SITE WILL MEET YOUR EXPECTATIONS; ANY ERRORS ON THIS SITE WILL BE CORRECTED; AND THE DATA AND MATERIALS PRESENTED OR DISPLAYED ON THIS SITE ARE CORRECT, ACCURATE, OR RELIABLE.

APPLICABLE LAW IN SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. HOWEVER, IN SUCH CIRCUMSTANCES THE LIABILITY OF AOCM OR ANY REPRESENTATIVE IS LIMITED TO THE GREATEST EXTENT ALLOWABLE UNDER APPLICABLE LAW IN SUCH JURISDICTIONS AND IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU OF AOCM OR ANY REPRESENTATIVE FOR DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.

ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT.

NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, WHETHER OBTAINED BY YOU FROM AOCM, FROM AN AOCM EMPLOYEE OR AGENT, OR THROUGH OR FROM THIS SITE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE. AOCM WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, INCOME, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF AOCM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY MATTER RELATING TO THIS SITE. THIS IS TRUE EVEN IF AOCM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

Indemnity

As consideration for access to the Site, you agree to indemnify, defend, and hold harmless AOCM, its subsidiaries and affiliates, and the officers, directors, employees, and agents of AOCM and its subsidiaries and affiliates, from and against any and all claims, liabilities, damages, losses, or expenses, including attorney’s fees and costs, arising out of or in any way connected with your access to or use of this Site or any decisions that you make based on the contents of this Site.

Integration

If any provision of these Legal Notices is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severed and will not affect the validity and enforceability of the remaining provisions. These Legal Notices represent the entire agreement between AOCM and the user relating to the subject matter herein.

Modifications

AOCM reserves the right, at its discretion, to modify these conditions of use at any time, and any such modification will be effective immediately upon posting the modification. We suggest that you check these Legal Notices periodically for modifications. If you use this Site after we post modifications to this Site, then you will be bound by such modifications.