Terms Of Use

Last Updated: September 18th, 2026

This Agreement (this "Agreement") governs the use of the programs, products, services, opt-in gifts, e-books, videos, webinars, blog posts, e-newsletters, consultations, e-mails, downloadable audio files, downloadable PDF transcripts, downloadable PDF handouts/slides, social media, software, Income Systems, User Automations (each as defined below), research and/or other communications (collectively, the "Information") that are made available by ABTrades, LLC (a Texas LLC doing business in Tennessee), d/b/a Self Operating Brokerage (the "Company," "we," or "us") on, through, or in connection with any website(s) available with the root address at this web address (URL): https://www.selfoperatingbrokerage.com and https://my.selfoperatingbrokerage.com (the "Website"). These Terms of Use incorporate by reference the Company's Risk Disclosure Agreement and Privacy Policy, each of which can be found on the Website. This Agreement represents the whole agreement and understanding between us and you, the person that accesses or uses the Information and/or the Website (such person, "you," "User" or "Visitor").

PLEASE READ THIS AGREEMENT CAREFULLY. By your access or use of the Information and the Website, you (i) represent and warrant that you are at least eighteen (18) years of age and (ii) agree to comply with all of the terms and conditions set out in this Agreement and the Company's Privacy Policy. The Information and the Website are intended solely for users who are eighteen (18) years of age or older, and any registration by, use of, or access to the Information or the Website by anyone under the age of 18 is unauthorized, unlicensed, and in violation of this Agreement.

We may terminate your right to access or use the Information or the Website at any time, with or without notice, for conduct that is in breach of this Agreement, for conduct that we believe is harmful to our business, or for conduct where your use of the Information and/or Website is harmful to any other party. If you do not agree to these conditions, STOP reading now, and do not access or use the Information and/or the Website.

We may, in our sole discretion, change or modify this Agreement from time to time. Material changes will be effective thirty (30) days after we post the modified Agreement to this web address (URL): https://www.selfoperatingbrokerage.com/terms-of-use and send notice to the email address associated with your account. Non-material changes, including clarifications, corrections of typographical errors, or updates to contact information, may be made without separate notice and are effective upon posting.

For purposes of this section, "material changes" include, without limitation: changes to the Refund Policy, changes to the Dispute Resolution or arbitration provisions, changes to the Limitation of Liability, new or modified payment obligations, changes to the scope of the license granted to you, and changes that restrict your use of the Service.

Changes to this Agreement apply prospectively only and do not apply to disputes or claims that arose before the effective date of the change. Your continued use of the Service after the effective date of any change constitutes your acceptance of the modified Agreement. If you do not agree to a material change, you may cancel your subscription as provided in the Refund Policy, and the change will not apply to charges that accrued before the effective date.

You are responsible to review this document from time to time to ensure that your use of the Information and/or Website remains in compliance with this Agreement. The "Last Updated" date at the top of this page indicates when the Agreement was last modified.

THE SERVICE

Self Operating Brokerage is a software platform (the "Service") that connects, via an application programming interface ("API") authorized by you, to a supported third-party brokerage account that you own and control, in order to automate the placement of options and other trades according to rules, parameters, and settings that you select, configure, and are solely responsible for. The Service includes access to one or more pre-built automated trading systems (each, an "Income System") that you may elect to activate, and whose key settings you may edit, adjust, or pause at any time. The Company does not, and cannot, take custody of, hold, withdraw, or otherwise control your funds or your brokerage account. The Company is a software tool only. See "SOFTWARE AS A TOOL; NO DISCRETIONARY CONTROL" below.

FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY

The Website's contents are for educational and informational purposes only and solely as a self-help tool for your personal use. Accordingly, you should not rely on the Information or Website in making any investment. The Company makes no representations or warranties, either express or implied, with respect to the accuracy or completeness of the Information or the Website. You should always check with your financial, investment, legal, tax, and/or other professional advisors to determine the suitability of any investment.

NOT LEGAL OR FINANCIAL ADVICE

The Company and its affiliates, owners, managers, employees, shareholders, officers, directors, other personnel, representatives, agents, or independent contractors (collectively, "Company Persons") do not hold themselves out to be attorneys, accountants, financial advisors, broker-dealers, or investment advisors, nor does any Information or other Website content constitute legal, accounting, investing, or other professional advice to you. The Company is not a broker-dealer, is not a registered investment adviser, and does not provide personalized investment recommendations. You acknowledge and agree that the Information and this Website are not intended to be a substitute for the legal, accounting, financial, investing, or other professional advice that can be provided by your own professional advisors.

SOFTWARE AS A TOOL; NO DISCRETIONARY CONTROL

You understand and agree that the Service is a software tool that executes according to the rules, parameters, and settings that you define, select, activate, edit, or pause. The Company does not exercise discretion over your trades, does not decide which trades to place on your behalf beyond the rules you have configured, and does not provide individualized investment advice. Any Income System made available through the Service is a pre-configured set of rules that you voluntarily elect to activate and whose key settings you retain the ability to edit and to pause at any time. You are solely responsible for reviewing, understanding, selecting, monitoring, editing, and pausing any rules, parameters, settings, or Income Systems, and for all trades placed in your brokerage account as a result. You retain full and continuous control over your brokerage account at all times, including the ability to disconnect the Service, cancel or modify orders directly with your brokerage, and pause or deactivate any automation.

NO WARRANTIES

THE COMPANY MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, RELATED TO THE PERFORMANCE, OPERATION, OR CONTENTS OF ITS WEBSITE OR THE INFORMATION (INCLUDING, WITHOUT LIMITATION, ALL CONTENT, MATERIALS, PROGRAMS, PRODUCTS, SERVICES, OR INCOME SYSTEMS INCLUDED ON OR THROUGH THE WEBSITE). TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE INFORMATION AND THE WEBSITE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

PERSONAL RESPONSIBILITY

You agree that the information you provide to us on or through the Website will be accurate. You acknowledge that you are voluntarily using the Website and that you are solely and personally responsible for your choices, actions, and results in connection with that use, now and in the future. You accept full responsibility for the consequences of your use, or non-use, of any Information or this Website, and you agree to use your own judgment and due diligence in connection with your use of any Information or this Website.

NO GUARANTEES

You acknowledge and agree that no promise or guarantee of success or profitability has been made between you and the Company or any Company Person. Past performance, hypothetical performance, and backtested results of any Income System or automation are not indicative of future results. Options trading involves substantial risk of loss and is not suitable for all investors.

FTC EARNINGS CLAIM COMPLIANCE

The Federal Trade Commission requires that we disclose certain information regarding earnings and income claims. Accordingly, the following disclosures apply to all Information, Website content, marketing materials, testimonials, and communications provided by the Company:

No Earnings Guarantee. The Company does not guarantee, represent, or warrant that you will earn any money, generate any profits, or achieve any particular financial outcome by using the Service, the Website, or any Income System. Any earnings or income statements, examples, or illustrations shown on the Website, in marketing materials, or in any Information are estimates only and are provided for informational, educational, and illustrative purposes. They are not guarantees of your future earnings, income, or results.

Results May Vary. Your individual results may vary significantly from any examples, testimonials, or case studies presented by the Company. Your results depend on numerous factors, including but not limited to your starting capital, market conditions, the Income Systems and settings you select, your brokerage fees and commissions, your risk management decisions, your level of experience, and factors outside of your control or the Company's control, including general economic and market conditions.

No Average or Typical Earnings. The Company has not tracked, and does not represent, the average or typical earnings of users of the Service. Any reference to potential income, returns, or profits is hypothetical and is not a representation that any user has achieved or will achieve such results. Hypothetical performance results have inherent limitations, including that they are prepared with the benefit of hindsight and do not account for the impact of market conditions, slippage, commissions, or other real-world factors that affect actual trading results. Actual results will differ, and may differ significantly, from any hypothetical or backtested performance shown.

Testimonials and Endorsements. Testimonials, reviews, and case studies presented on the Website reflect the personal experiences and opinions of the individuals providing them. They are not representative of the experience of all users and are not a guarantee that you will achieve similar results. Some individuals providing testimonials or endorsements have been compensated monetarily or in the form of gift cards or other consideration. Where compensation has been provided, the Company discloses that fact in connection with the testimonial. The Company reviews testimonials before posting and may correct grammar or typographical errors, and may shorten testimonials for brevity. The views and opinions expressed in testimonials belong solely to the individual providing them and do not represent the views or opinions of the Company.

Not a Business Opportunity. The Service is a software tool for automating trading strategies that you define. It is not a business opportunity, franchise, or investment advisory service. The Company does not provide individualized investment recommendations, does not manage your funds, and does not guarantee any specific return on investment. Nothing in the Information or on the Website constitutes an offer to sell or a solicitation to buy any security, investment, or business opportunity.

For the Company's full risk disclosures regarding options trading, automated trading, and the use of the Service, see the Risk Disclosure, which is incorporated by reference into this Agreement.

ADDITIONAL RISKS OF USING AN AUTOMATED TRADING SERVICE

To the extent that you subscribe to and use the Service, the following section applies. You understand that there are additional risks posed by the use of any automated trading service to place and execute trades without user intervention and approval of every trade. You understand and agree that you have been made aware of these risks, and your use of the Company's Service constitutes your agreement that we will not be held liable in the event of any loss, financial or otherwise, as a result of using, failure of, or improper performance by the Company. While we make every effort to provide a high-quality, technically accurate service, there are additional risks.

Examples of additional risks from the use of any automated trading service include, but are not limited to: trading malfunctions due to an error by the Company, the brokerage, or any exchange to which the brokerage sends an order for your account; outages of the Company, the link we use to communicate with your brokerage, or the brokerage's ability to execute trades; delays in the transmission of data to the Company, from the Service, to your brokerage, and from your brokerage; an undetected position error in your brokerage account that causes a trading malfunction; the failure of an order to send or execute in a timely manner, whether or not as a result of unusual market conditions; changes to, deprecation of, or interruption of a brokerage's API; and general outage of the Company or any of our providers and suppliers.

By your use of the Service, you understand and agree that you will actively monitor your brokerage account at all times to ensure that trades being placed by the Service are implementing the strategies, rules, and settings you have defined. We will not be responsible in any way for your failure to actively monitor your brokerage account, or for your failure to pause, edit, or deactivate any Income System, rule, or automation. You agree to hold us harmless and fully indemnify us in the event of any loss, financial or otherwise, from your use of the Service.

In the event you discover a trading malfunction, you agree to notify us as soon as possible via email to [email protected].

INTELLECTUAL PROPERTY RIGHTS

Our Limited License to You

The Company's Information and the Website are the property of the Company and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws.

The content of the Information and the Website is solely owned by or licensed to us, unless otherwise indicated. This content includes, but is not limited to, the design, layout, look, appearance, graphics of the Information or Website, the Income Systems, or any other material or aspects of materials provided by us to you. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of this Agreement. If you purchase certain of our Information from the Company (such purchased Information, "Programs, Products or Services"), you will be considered our licensee ("Licensee") with respect to such Programs, Products or Services. For the avoidance of doubt, all Information obtained through us (whether or not Programs, Products or Services) is our property, and you are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you only. This means that you may not use the Information or the Website contents in a manner that constitutes an infringement of our rights or in a manner that has not been authorized by us.

Information You Are Prohibited from Sharing with Others

As a Licensee, you understand and acknowledge that the Information or Website have been created, developed, or obtained by us through the investment of significant time, effort, and expense, and that this information is a valuable, special, and unique asset of ours which needs to be protected from improper and/or unauthorized use.

When you access or enroll in Information (including, without limitation, purchasing Programs, Products or Services) or the Website, you agree that you are clearly and expressly prohibited from doing the following: You will NOT copy, share, or steal the Information or Website, or any parts of them; You will NOT in any way use, copy, adapt, or represent any of the Information or Website in any way as if they are yours or created by you; and You will NOT engage in improper and/or unauthorized use of the Information or Website. Improper and unauthorized use includes but is not limited to modifying, copying, reproducing, republishing, uploading, posting, transmitting, translating, selling, creating derivative works, exploiting, or distributing in any manner or medium (including by email or other electronic means) any Information or any other information accessed or purchased through our Website, or any other communications provided by us for your own personal use, business/commercial use, or in any way that earns you money.

Notwithstanding the foregoing, you may share User Automations freely with other users of the Website, for so long as neither you nor any other user receives any compensation for transferring or receiving such User Automations; however, you agree not to use such User Automations outside of the Website or to claim any ownership or intellectual property rights with respect to any User Automation (including, without limitation, its contents). You acknowledge that User Automations and Income Systems, as Information, represent the proprietary content of the Company.

You understand and agree that engaging in the prohibited use or the improper and/or unauthorized use of our Information or Website as set forth in this Agreement is considered theft and/or infringement, and we retain the right to prosecute it to the full extent of the law. You agree and understand that prohibited use, improper, and/or unauthorized use of the Information or the Website may give rise to a civil claim for damages and/or be a criminal offense.

Your License to Us

By posting or submitting any material on or through our Information or Website, such as comments, posts, photos, images, videos, or other contributions (excluding the contents of any User Automation, which is addressed separately below), you are representing that you are the owner of all such materials or that you have obtained all necessary rights and permissions to grant the license below, and that you are at least 18 years old.

You grant us, and anyone authorized by us, a royalty-free, perpetual, non-exclusive, worldwide license to use, copy, modify, transmit, display, and distribute such contributions within and in connection with the operation, improvement, and marketing of the Service and the Website, in whole or in part, in any manner or medium now known or developed in the future. This license includes the right to identify you as the author of your contributions by name, email address, or screen name, and the right to incorporate your contributions into our current or future programs, products, or services. You acknowledge that we have the right but not the obligation to use and display any contributions from you, and that we may cease using or displaying any such contributions at any time for any reason.

User Automations. The rules, parameters, settings, and configurations you create within the Service (each, a "User Automation") remain your property. You grant us a limited, non-exclusive, royalty-free license to host, store, transmit, and process your User Automations solely as necessary to operate the Service for you and to display your User Automations within your account interface. We will not use, copy, sell, or distribute your User Automations for any purpose other than operating the Service for you, except as required by law or as described in this Agreement. You may export or delete your User Automations at any time, and upon termination of your account, we will delete your User Automations within sixty (60) days unless required to retain them by law.

You acknowledge that User Automations and Income Systems, as Information, represent the proprietary content of the Company with respect to any pre-built systems or templates provided by the Company, and that your User Automations built using such templates do not transfer ownership of the underlying templates to you.

Media Release

By submitting a testimonial, review, case study, photograph, video, or audio recording directly to the Company for publication or promotional use, you grant the Company a royalty-free, non-exclusive, worldwide license to use, reproduce, display, and distribute that material in the Company's marketing, website, and promotional materials, in whole or in part, without further compensation to you. You represent that you own or have the right to grant this license for all content you submit, and that all individuals depicted in any photograph or video you submit have consented to such use.

The Company will not use your name, likeness, voice, or image in marketing or promotional materials unless (i) you have submitted that content directly to the Company for promotional purposes, or (ii) you have signed a separate written media release provided by the Company. General use of the Service, participation in webinars, or membership in any community associated with the Company does not, by itself, constitute consent to the use of your likeness in marketing.

You may request removal of your submitted media from the Company's active marketing materials at any time by emailing [email protected]. The Company will use commercially reasonable efforts to remove such materials from active campaigns within thirty (30) days, though materials already published in third-party distributions or cached versions may remain outside the Company's direct control.

WHO MAY REGISTER

The Service is only available to users who: understand the substantial risk of loss from options trading and have options and margin approval from their brokerage; maintain a supported brokerage account in good standing and in full compliance with FINRA, SEC, Exchange, and other regulations as applicable; are a "non-professional" trader as determined by brokerage and Exchange regulations; are not, and nor is any immediate family member living in the same household, a member of the board of directors, 10% shareholder, or policy-making officer of a publicly traded company; are not, and nor is any immediate family member living in the same household, licensed, employed by, or associated with a broker-dealer firm, a financial services regulator, securities exchange, or member of a securities exchange; and are above the age of majority, competent to enter into legally binding contracts, and not a conservatee under an active, court-sanctioned conservatorship.

You agree, by creating an account and using this Service, that you are not excluded from use of this Service by any of the above exclusionary groups. Further, you agree that should your circumstances change and you no longer qualify to use this Service, you will cease use of and delete your account immediately.

The Service is only available to accounts that are: not in violation of agreements with your brokerage; and opened under the laws of the United States of America.

You agree that your account or accounts are one or more of the following types, and that these are the only acceptable types of accounts for use on the Service: Individual Accounts, titled in your name; Individual Retirement Accounts (IRAs), where you are the account owner; Joint Accounts, where you are one of the joint owners and the other joint owner or owners consent(s) to your use of our Service; or Custodial Accounts, where you are the custodian.

ACCOUNT CREDENTIALS AND PASSWORDS

You agree to provide and maintain a valid email address and phone number in your Account Settings so that we may contact you as soon as possible to alert you of issues with your account or the Service.

You further agree to safeguard your password and, in the event of it becoming compromised in any way, to change it immediately and notify the Company using Contact Support on the Company Website or by emailing [email protected] so that we may take further steps to secure your account. You agree that should you share your account credentials in violation of this Agreement, you will fully indemnify and hold harmless the Company for any actions that occur without your authorization. You agree to use a password not used on other websites, and you further agree to alert us and your brokerage immediately should you suspect fraud or trading irregularities within your linked brokerage account or accounts. The Company requires high-security passwords and offers two-factor authentication using our preferred method, an RFC-6238 HMAC-compliant one-time password system. While your use of these services is optional, the Company strongly encourages you to enroll in this method. Should you choose not to enroll, you understand and agree that you have affirmatively decided not to take all available measures to keep your account secure, and you agree to hold harmless and indemnify the Company should your credentials become compromised.

It is your responsibility to protect your own password from disclosure to others. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information. You are responsible for activities that take place using your password(s) and within your account. If you share your password(s) with anyone, they may be able to obtain access to your personal information at your own risk. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session.

PERSONAL RESPONSIBILITY AND ASSUMPTION OF RISK

As a Licensee or a User, you agree that you are using your own judgment in using the Information or Website and you agree that you are doing so at your own risk. The Information or Website are for informational and educational purposes only. You agree and understand that you assume all risks and no results are guaranteed in any way related to the Information or Website. The Information or Website are merely to provide you with education and tools to help you make your own decisions for yourself. You are solely responsible for your actions, decisions, and results based on the use, misuse, or non-use of the Information or Website.

We take commercially reasonable precautions to protect the Information or Website. However, due to the nature of the Internet, we cannot completely ensure or warrant the security of the Information or Website or the contributions or information transmitted to us on or through the Website or the Information or Website. Submitting contributions or information on or through the Information or Website is done entirely at your own risk. We make no assurances about our ability to prevent any such loss or damage to you or to any other person, company, or entity arising out of use of the Information or Website, and you agree that you are assuming such risks.

YOUR CONDUCT

You are agreeing that you will not use the Information or Website in any way that causes or is likely to cause them, or access to them, to be interrupted, damaged, or impaired in any way. You understand that you are solely responsible for all electronic communications and content sent from you to this Website, any Information, or us. You must use the Information or Website for lawful purposes only.

BROKERAGE CONNECTION LIMITATIONS

Authorized connections are strictly limited to one (1) API connection per brokerage. Therefore, you may have one (1) connection to each brokerage in your account. Additionally, you may have multiple sub-accounts under that single connection. However, attempting to authorize any existing connection multiple times under different, fake, or fraudulent emails and/or user profiles is strictly prohibited. If you are found with multiple emails or user profiles that attempt to connect to the same brokerage(s), you acknowledge and understand that you will immediately forfeit your access to any and all accounts as well as your membership without refund for abuse and violation of these terms.

SUBSCRIPTIONS, AUTO-RENEWAL, AND PURCHASES

If paying for any Programs, Products or Services by debit card, credit card, or other merchant account such as PayPal or Apple Pay, you give us permission to automatically charge your credit or debit card as payment for such Programs, Products or Services without any additional authorization, for which you will receive an electronic receipt.

Auto-Renewal Disclosure. By purchasing a subscription, you acknowledge and agree that:

(i) Your subscription will automatically renew at the end of each billing cycle (monthly or annual, depending on the plan you selected) at the then-current rate unless you cancel before the renewal date.

(ii) The renewal rate, billing cycle, and total annual cost will be displayed at checkout before you complete your purchase.

(iii) You authorize the Company to automatically charge your payment method on file for each renewal period until you cancel.

(iv) You may cancel your subscription at any time through your user portal at https://my.selfoperatingbrokerage.com/login or by emailing [email protected]. Cancellation stops future billing only and does not refund charges already incurred. To avoid a renewal charge, cancel at least three (3) business days before your next scheduled billing date.

(v) Upon cancellation, your access to the Service will continue until the end of the current paid billing period, after which access will be terminated.

(vi) If the Company changes the subscription price, you will receive notice at the email address associated with your account at least thirty (30) days before the new price takes effect. The new price will apply on your next renewal date following the notice period. You may cancel before the new price takes effect to avoid being charged at the higher rate.

In the event that payment is not received by the date due, you will have a seven (7) day grace period to make the payment; otherwise, such Programs, Products or Services will not continue, and we reserve the right to cease your access immediately and permanently. If you fail to make payment in a timely manner in accordance with this Agreement, or voluntarily decide to withdraw from such Programs, Products or Services at any time or for any reason whatsoever, you still will remain fully responsible for the full cost of the Information purchased through the end of the current paid billing period. All information obtained during your purchase or transaction for the Programs, Products or Services and all of the information that you give as part of the transaction, such as your name, address, method of payment, credit card number, and billing information, may be collected by both us and our payment processing company. You agree to only purchase Programs, Products or Services for yourself or for another person for whom you are legally permitted to do so or for whom you have obtained the express consent to provide their name, address, method of payment, credit card number, and billing information. You agree to be financially responsible for all purchases made by you or someone acting on your behalf. You agree to use Programs, Products or Services for legitimate, non-commercial purposes only and not for speculative, false, fraudulent, or illegal purposes.

If you make a purchase from one of our affiliates, or any other individual or company through a link provided on or through our Information ("Merchant"), all information obtained during your purchase or transaction and all of the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by the Merchant and their payment processing company as well. Your participation, correspondence, or business dealings with any affiliate, individual, or company on or through our Information, and all purchase terms, conditions, representations, or warranties associated with payment, refunds, and/or delivery related to your purchase, are solely between you and the Merchant. You agree that we shall not be responsible or liable for any loss, damage, refunds, or other matters of any sort that are incurred as the result of such dealings with a Merchant.

Payment processing companies and Merchants may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies of the payment processing companies and Merchants. In addition, when you make certain purchases through our Website, you may be subject to the additional terms and conditions of a payment processing company, Merchant, or us that specifically apply to your purchase. For more information regarding a Merchant and its terms and conditions that may apply, visit that Merchant's website and click on its information links or contact the Merchant directly. You release us, our affiliates, our payment processing company, and Merchants from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase through or use of the Website or its Information.

THE REFUND POLICY

Your satisfaction with your Programs, Products or Services is important to us. Regarding any such Programs, Products or Services, we will refund your payment(s) so long as we are contacted within the appropriate time frame applicable to such Programs, Products or Services you purchased at the time of sale and the request is valid per these terms of use. By using and/or purchasing any of our Programs, Products or Services, you understand and agree that all transactions and sales are final and the Company is not required under any circumstances to refund payments outside of the specified period for each product or membership to its users unless the Company so chooses.

The Company's Refund Policy, available at https://www.selfoperatingbrokerage.com/refund-policy, is incorporated by reference and governs all refund requests.

CONFIDENTIAL INFORMATION

In connection with your use of the Website or the Information, we may seek personal data or information including your name, e-mail address, phone number, street address, billing information, birthday, preferences, interests, assignments, or other personally-identifying information ("Confidential Information"), or you may offer or provide a comment, photo, image, video, or any other submission to us when using or participating in the Information or Website ("Other Information"). By providing such Confidential Information or Other Information to us, you grant us permission to use and store such information. We, in turn, will use commercially reasonable efforts to keep your Confidential Information safe, secure, and confidential in accordance with this Agreement and our full Privacy Policy, which may be found on the Website. If you believe that any of your Confidential Information is incorrect or incomplete, please contact us as soon as possible.

However, the Company expressly does not warrant or guarantee the security of your Confidential Information or of any other data or information transmitted to us or through our services; therefore, submitting Confidential Information, data, or other information will be done solely at your own risk.

What We Do With Confidential Information

We request and require various personal data and/or Confidential Information to understand your needs and provide you with better services. In addition, we may use such data and Confidential Information for the following reasons: (1) for internal record keeping; (2) to improve our Programs, Products, Services, or Information; (3) to periodically send promotions about new Information or other special offers from which you may unsubscribe at any time; (4) for aggregate, non-identifiable data for research purposes; (5) to customize the respective Information you purchase or use according to your interests; and/or (6) for support or communication related to your Program, Product, Service, or Information.

Storage of Confidential Information

All data and Confidential Information is stored through a data management system. This data and Confidential Information can only be accessed by those who help manage that information in order to deliver e-mail or otherwise contact those who would like to receive our correspondence. You agree and acknowledge that we, including but not limited to our team, staff, and affiliates, and those who manage the data management system, may have access to your Confidential Information.

Confidentiality and Disclosure

All Confidential Information will be held in confidentiality and will not be disclosed to third parties, except that we may disclose Confidential Information and personally identifiable information: (1) pursuant to the terms of this Agreement, our Privacy Policy, and our Disclaimer; (2) if we are required to do so by law; (3) in the good-faith belief that such action is necessary to conform to the law; (4) to comply with any legal process served on either us or our partners, sponsors, investors, or affiliates; (5) to protect and defend our rights or property or those of our users or purchasers; and/or (6) to act as immediately necessary in order to protect the personal safety of our users, purchasers, or the public. We will not sell, distribute, or lease your Confidential Information to third parties unless we have your permission or are required by law to do so.

How We Use Cookies

We may use the standard "cookies" feature of major web browsers. You may choose to disable cookies through your own web browser's settings. However, disabling this function may diminish your experience on the Website, and some features of the Information or Website may not work as intended. We have no access to or control over any information collected by other individuals, companies, or entities whose website or materials may be linked to our Programs, Products, Services, or Information.

INDEMNIFICATION

You agree at all times to defend, indemnify, and hold harmless the Company, as well as any and all Company Persons, from and against any and all claims, causes of action, damages, liabilities, costs, and expenses, including legal fees and expenses, arising out of or related to the Information or Website, your use of the Service, any trades placed in your brokerage account, or your breach of any obligation, warranty, representation, or covenant set forth in this Agreement or in any other agreement with us.

RELEASE OF CLAIMS

By accessing or using this Website or the Information, you hereby fully and completely hold harmless, indemnify, and release the Company and each of the Company Persons, and anyone otherwise affiliated with the Company's business, from any and all causes of action, allegations, suits, claims, damages, or demands whatsoever, in law or equity, that may arise in the past, present, or future that is in any way related to the Information or the Website.

LIMITATION OF LIABILITY

We will not be held responsible or liable in any way for the information, products, or materials that you request or receive through or on the Website or in connection with the Information. We do not assume liability due to any act or default of anyone or any business, whether owners, staff, agents, joint venture partners, contractors, vendors, affiliates, or otherwise, affiliated with us. We do not assume liability for any owners, staff, agents, joint venture partners, contractors, vendors, affiliates, or otherwise who is engaged in providing any Information or any contents of the Website or in any way or in any location. In the event that you use the Information or Website or any other information provided by us or affiliated with us, we assume no responsibility.

The Company is not responsible for any damages, injury, or economic loss arising from the use of the content of the Information provided by the Company or by any third party on the Website.

UNDER NO CIRCUMSTANCES SHALL THE COMPANY OR ANY COMPANY PERSON BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE WEBSITE, THE SERVICE, OR THE INFORMATION, INCLUDING ANY TRADING LOSSES IN YOUR BROKERAGE ACCOUNT, LOST PROFITS, LOSS OF REVENUE, LOSS OF BUSINESS, LOSS OF GOODWILL, LOSS OF DATA, OR COST OF SUBSTITUTE SERVICES. ADDITIONALLY, COMPANY IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (II) THIRD-PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE INFORMATION OR PROPERTY; AND (III) ANY DAMAGES ARISING FROM THE ACTS, OMISSIONS, OR FAILURES OF YOUR BROKERAGE, ANY EXCHANGE, OR ANY THIRD-PARTY SERVICE PROVIDER. THE FOREGOING APPLIES WHETHER SUCH LIABILITY ARISES IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER THEORY OF LEGAL LIABILITY, AND APPLIES EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES.

IN NO EVENT SHALL COMPANY'S CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE WEBSITE, THE SERVICE, OR THE INFORMATION EXCEED THE GREATER OF (A) THE TOTAL AMOUNT PAID BY YOU TO THE COMPANY IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) FIVE THOUSAND DOLLARS ($5,000.00). THIS LIABILITY CAP APPLIES REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE.

NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE THE COMPANY'S LIABILITY FOR (I) FRAUD OR FRAUDULENT MISREPRESENTATION, (II) WILLFUL MISCONDUCT, (III) GROSS NEGLIGENCE, OR (IV) ANY LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW. THE EXCLUSION OF CONSEQUENTIAL, INCIDENTAL, AND OTHER DAMAGES ABOVE SHALL NOT APPLY TO THE EXTENT REQUIRED BY APPLICABLE LAW.

IN THOSE STATES OR JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, THE COMPANY'S LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW.

FORCE MAJEURE

Neither party shall be liable for any failure or delay in performing its obligations under this Agreement (other than payment obligations) to the extent such failure or delay is caused by events beyond its reasonable control, including but not limited to: acts of God, natural disasters, fires, floods, earthquakes, severe weather, epidemics or pandemics, war, terrorism, civil unrest, riots, government actions, orders, or regulations, embargoes, labor disputes or shortages, strikes, transportation disruptions, power outages, telecommunications or internet infrastructure failures, failures of third-party service providers including but not limited to brokerage firms, exchanges, data providers, cloud hosting providers, and API services, cyber attacks, distributed denial of service attacks, or other malicious intrusions, and any other event that is beyond the reasonable control of the affected party.

The affected party shall use commercially reasonable efforts to resume performance as soon as practicable and shall notify the other party of the force majeure event within a reasonable time after becoming aware of it. Notice may be provided by email to the address associated with your account or by posting on the Website.

During a force majeure event, the Company's obligations under this Agreement, including its obligations to provide or maintain the Service, are suspended. The Company will not be liable for any downtime, interruption, delay, or failure of the Service caused by a force majeure event, and the Technology Guarantee's downtime provisions shall not apply to downtime caused by force majeure events.

If a force majeure event continues for more than thirty (30) consecutive days, either party may terminate this Agreement and your subscription by written notice to the other party. Upon such termination, the Company will refund a pro-rata portion of any prepaid subscription fees covering the period after the effective date of termination. This pro-rata refund is your sole and exclusive remedy for termination due to a force majeure event.

The Company's payment obligations are not excused by force majeure. If you owe fees to the Company at the time of a force majeure event, those obligations remain in effect.

This section does not excuse the Company's obligation to refund payments in accordance with the Refund Policy for charges that occurred before the force majeure event.

DISPUTE RESOLUTION

It is hoped that should we ever have any differences, we would be able to work them out amicably. However, should we be unable to seek resolution within a reasonable time, you agree now that the only method of legal dispute resolution that will be used is binding arbitration before a single arbitrator, selected jointly, in accordance with the American Arbitration Association Rules. Prior to seeking arbitration, you must send an e-mail to us and include all of your reasons for dissatisfaction with your Program.

You also agree that should arbitration take place, it will be held in the State of Texas, and the prevailing party shall be entitled to all reasonable attorneys' fees and all costs necessary to enforce the decision of the arbitrator. You further understand and agree now that the maximum total compensation that may be awarded to you through arbitration is limited to (A) a full refund of all payments you have made to the Company, plus (B) additional actual damages not to exceed Five Thousand Dollars ($5,000.00) in the aggregate. For purposes of this limitation, "actual damages" means direct, out-of-pocket losses proven by you with reasonable specificity.

In no event shall the arbitrator award consequential, incidental, indirect, special, punitive, or exemplary damages, nor shall the arbitrator award attorneys' fees or costs to you except as expressly provided in this section. The parties agree that this limitation on remedies is a material and bargained-for term of this Agreement. We both agree now that the decision of the arbitrator is final and binding, and may be entered as a judgment into any court having the appropriate jurisdiction. You also agree that this document shall be construed under the laws of the State of Texas.

By using or accessing the Information or Website, you are agreeing to a modification of the statute of limitations such that any arbitration must begin within six (6) months of the date of your e-mail to the Company referenced above, or you thereby waive the right to seek dispute resolution by arbitration or to take any other legal action.

CLASS ACTION WAIVER. Any arbitration or legal proceeding arising out of or relating to this Agreement shall be brought solely on an individual basis. Neither you nor the Company shall be entitled to join or consolidate claims with those of any other person or entity, or act as a class representative or class member in any class action or class arbitration. If any court or arbitrator determines that this class action waiver is unenforceable, then this entire arbitration provision shall be null and void, and the dispute shall be resolved in the state or federal courts located in the State of Texas.

If any terms of these foregoing arbitration terms are construed to be invalid or unenforceable for any reason, it shall not affect the validity or enforceability of any other term, which shall be given full force and effect.

If any terms of these foregoing arbitration terms are construed to be invalid or unenforceable for any reason, it shall not affect the validity or enforceability of any other term, which shall be given full force and effect.

SEVERABILITY; ASSIGNMENT; ENTIRE AGREEMENT; HEADINGS

Should any provision of this Agreement be or become invalid, illegal, or unenforceable under applicable law, the other provisions shall not be affected and shall remain in full force and effect. This Agreement shall bind and inure to the benefit of your and our respective successors and assigns. This Agreement is freely assignable by us, but any transfer, assignment, or delegation by you, without our prior written consent, is invalid. This Agreement constitutes the entire agreement between the parties with respect to its relationship and supersedes all prior oral or written agreements, understandings, and representations to the extent that they relate in any way to the subject matter hereof. No waiver of any of the provisions shall bind either party unless set forth in a writing specifying such waiver, consent, or amendment signed by both parties. The headings of this Agreement are provided for convenience only and shall not affect its construction or interpretation.

If you have any questions, please contact us at [email protected]. Thank you.