Effective date: October 25, 2011

These Terms and Conditions (the “Terms”) govern your use of phoenixcapitalresearch.com and gainspainscapital.com (together, the “Site”) and your purchase of any publication, subscription, or product offered by Phoenix Capital Management, Inc., doing business as Phoenix Capital Research (“Phoenix Capital Research,” “we,” “us,” or “our”). By accessing the Site or purchasing a product, you agree to these Terms. If you do not agree, do not use the Site or purchase any product.

1. Nature of Our Services

Phoenix Capital Research is an independent publisher of financial and investment research. Our publications, including Private Wealth Advisory, Insider Options, and Gains, Pains & Capital, are provided for informational and educational purposes only. We are not a registered investment adviser, broker-dealer, or financial planner. We do not broker transactions, manage funds, or provide individualized investment advice. Nothing on the Site or in our publications constitutes an offer to buy or sell any security or a recommendation that any security or strategy is suitable for you. You are solely responsible for your own investment decisions and should consult a licensed financial professional before acting on any information we publish.

2. Products and Subscriptions

We offer the following products. Current pricing is displayed on the Site and on the applicable order form at the time of purchase.

  • Private Wealth Advisory: a weekly investment advisory delivered by email, with real-time trade alerts as needed and access to a subscribers-only website. New subscribers may purchase a 30-day trial for $2.99, after which the subscription converts to a quarterly subscription at the rate stated on the order form (currently $249.99 per quarter), billed automatically every three months.
  • Insider Options: a weekly options trading service published in real time throughout the week, sold as a quarterly subscription at the rate stated on the order form (currently $499.99 per quarter), [billed automatically every three months / billed once per quarter with no automatic renewal].
  • Gains, Pains & Capital: free daily market commentary delivered by email.
  • Books: The Everything Bubble and Into the Abyss, sold through third-party retailers or included with certain subscriptions as described on the order form.

3. Delivery Policy

Digital products. All subscriptions are delivered electronically. Access is granted immediately upon successful payment. Within minutes of your order you will receive a confirmation email at the address you provided, followed by a separate email containing your login credentials for the subscribers-only website. Newsletter issues and trade alerts are sent to that same email address on the publication schedule described for each product. If you do not receive your credentials within 24 hours, check your spam folder and then contact support@phoenixcapitalresearch.com.

Physical products. Where a physical copy of a book is included with a subscription, it is shipped by USPS Media Mail or a comparable service to the mailing address you provide at checkout. Orders ship within 5 business days of purchase and typically arrive within 7 to 14 business days within the United States. International delivery times vary by destination. Digital access is not delayed by book shipping.

4. Billing and Automatic Renewal

By purchasing a subscription you authorize us to charge the payment method you provide for the initial purchase and, where the product renews automatically, for each subsequent renewal at the then-current rate until you cancel. Renewal charges are processed on the same calendar day of the renewal month. You may cancel automatic renewal at any time by emailing support@phoenixcapitalresearch.com. Cancellation takes effect at the end of the current billing period and you will retain access until that date. Refunds are governed by our Refund and Cancellation Policy.

5. Payment Methods

We accept Visa, Mastercard, Discover, and American Express. Charges will appear on your statement as PHOENIX CAPITAL RESEARCH or PHOENIX CAPITAL MGMT. All prices are in United States dollars.

6. Account Use and Intellectual Property

Subscriptions are for the personal, non-commercial use of a single subscriber. You may not share login credentials, forward paid content, or reproduce, republish, or distribute any part of our publications without our written permission. All content on the Site and in our publications is the property of Phoenix Capital Management, Inc. and is protected by United States and international copyright law. We may suspend or terminate access, without refund, for any violation of this section.

7. Disclaimer of Warranties and Limitation of Liability

Our publications are provided “as is” without warranty of any kind. Past performance is not a guarantee of future results, and all investing involves risk, including the possible loss of principal. To the fullest extent permitted by law, Phoenix Capital Management, Inc., Phoenix Capital Research, and their officers, directors, employees, and affiliates shall not be liable for any direct, indirect, incidental, consequential, or special damages arising from your use of the Site or reliance on any information we publish. Our total liability to you for any claim shall not exceed the amount you paid us in the twelve months preceding the claim.

8. Governing Law and Disputes

These Terms are governed by the laws of the Commonwealth of Virginia without regard to its conflict of laws principles. Any dispute arising from these Terms or your use of our products shall be resolved in the state or federal courts located in [Charlottesville / Albemarle County], Virginia, and you consent to the jurisdiction of those courts. [Optional: Any dispute shall be resolved by binding arbitration administered by the American Arbitration Association, and you waive any right to participate in a class action.]

9. Changes to These Terms

We may update these Terms from time to time. The effective date at the top of this page will reflect the most recent revision. Continued use of the Site or your subscription after a revision constitutes acceptance of the updated Terms.

10. Contact

Questions about these Terms may be directed to support@phoenixcapitalresearch.com or to Phoenix Capital Management, Inc., 1850 Abbey Road #147 Charlottesville VA 22911