Terms of Service

1. ABOUT THESE TERMS

1.1 Agreement. These Terms of Service (these "Terms") are a binding legal agreement between you and Trading Coach LLC, a Florida limited liability company ("Trading Coach," "we," "us," or "our"). These Terms govern your access to and use of the website located at tradingcoach.com and its subdomains, and all lessons, courses, videos, recorded sessions, written materials, articles, blog posts, news content, note-taking tools, emails, and other features, content, and services that we make available (collectively, the "Services").

1.2 How You Accept These Terms. You accept these Terms by checking the box or clicking the button presented with a link to these Terms when you sign in to, register for, or connect your account with the Services, or by otherwise accessing or using the Services. If you do not agree to these Terms, you may not access or use the Services.

1.3 Privacy Policy and Additional Terms. Our Privacy Policy, available at tradingcoach.com, explains how we collect, use, and disclose personal information. Certain features, promotions, or offerings may be subject to additional terms that we present to you when you access them ("Additional Terms"). Additional Terms are incorporated into these Terms by reference. If Additional Terms conflict with these Terms, the Additional Terms control as to the feature or offering to which they apply.

1.4 Separate Companies. Trading Coach is a separate company from Propfirm Compare LLC, The Lab Trading US, LLC, and our other affiliated companies. Unless we expressly state otherwise in writing, Trading Coach alone is responsible to you for the Services. Our affiliated companies are not parties to these Terms and have no obligations to you under these Terms, but they are intended third-party beneficiaries of certain provisions as described in Section 22.6.

1.5 Definitions. In these Terms, "Trading Coach Parties" means Trading Coach and its parent companies, subsidiaries, and affiliated companies under common ownership or control (including The Lab Trading US, LLC and Propfirm Compare LLC), and each of their respective members, managers, officers, employees, contractors, instructors, hosts, writers, agents, licensors, successors, and assigns. "Content" has the meaning given in Section 3.1. "Including" means "including without limitation."

2. ELIGIBILITY

2.1 Age and Capacity. You may use the Services only if you are at least 18 years old and have reached the age of legal majority where you live, and you are able to form a binding contract with Trading Coach. The Services are not directed to, and may not be used by, anyone under 18.

2.2 Legal Restrictions. You may not use the Services if (a) you are located in, ordinarily resident in, or organized under the laws of any country or region that is subject to comprehensive United States sanctions; (b) you are identified on, or owned or controlled by any person identified on, any United States government restricted-party list, including the Specially Designated Nationals and Blocked Persons List maintained by the U.S. Department of the Treasury's Office of Foreign Assets Control; (c) your use of the Services would violate any law or regulation that applies to you; or (d) we have previously suspended or terminated your access to the Services.

2.3 Personal Use. The Services are provided for your personal, non-commercial educational use. You may not use the Services on behalf of a business or other organization without our prior written agreement.

2.4 Users Outside the United States. The Services are operated from the United States. We make no representation that the Services or Content are appropriate or lawful for use in other locations. If you access the Services from outside the United States, you do so on your own initiative and are responsible for complying with all laws that apply to you. We may restrict or refuse access to the Services in any jurisdiction at any time.

3. EDUCATIONAL PURPOSES ONLY — NO ADVICE

3.1 General Education Only. All content made available through the Services — including lessons, courses, videos, recorded sessions, articles, blog posts, news items, examples, charts, case studies, strategies, setups, indicators, worksheets, emails, and any statement by our instructors, hosts, writers, employees, or contractors (collectively, "Content") — is provided for general educational and informational purposes only. Content is impersonal. It is prepared for a general audience and is not based on, or tailored to, your financial situation, investment objectives, trading experience, risk tolerance, positions, accounts, or any other personal circumstances.

3.2 Not Advice; Not a Recommendation. NOTHING IN THE SERVICES OR THE CONTENT IS, OR SHOULD BE CONSTRUED AS: (A) FINANCIAL, INVESTMENT, TRADING, COMMODITY TRADING, SECURITIES, TAX, ACCOUNTING, OR LEGAL ADVICE; (B) A RECOMMENDATION, ENDORSEMENT, OFFER, OR SOLICITATION TO BUY, SELL, OR HOLD ANY SECURITY, FUTURES CONTRACT, OPTION, COMMODITY, CURRENCY, CRYPTOCURRENCY, OR OTHER FINANCIAL INSTRUMENT, OR TO ADOPT ANY TRADING STRATEGY; OR (C) AN OPINION THAT ANY INSTRUMENT, STRATEGY, FIRM, OR TRANSACTION IS SUITABLE OR APPROPRIATE FOR YOU. Any reference to a specific instrument, price level, setup, chart, trade, or result is an example used to illustrate an educational concept.

3.3 No Registration; No Advisory or Fiduciary Relationship. Trading Coach is not registered with the U.S. Commodity Futures Trading Commission, the National Futures Association, the U.S. Securities and Exchange Commission, the Financial Industry Regulatory Authority, or any state or foreign securities, commodities, or financial regulator in any capacity, including as a commodity trading advisor, commodity pool operator, introducing broker, futures commission merchant, investment adviser, broker-dealer, or financial planner. Trading Coach does not direct or manage any account, does not provide advice based on or tailored to the positions, accounts, or circumstances of any particular person, does not solicit or accept orders for any transaction, and does not accept or hold customer funds. Our instructors, hosts, and writers appear in an educational capacity only and are not acting as your adviser or broker, even if any of them holds a license or registration in another capacity. Your use of the Services does not create any adviser-client, fiduciary, broker-customer, or other special relationship between you and any Trading Coach Party.

3.4 No Individualized Advice or Account Management. No Trading Coach Party will, through the Services or in connection with them: (a) review your trading accounts, positions, or financial situation in order to advise you; (b) give you personalized instructions to buy or sell any instrument; (c) manage, direct, or exercise trading authority over any account; (d) place or execute trades for you; (e) hold or receive your money for trading; or (f) ask for the login credentials to your brokerage, prop firm, or trading platform account. Any communication that appears to do any of these things — including one from a person claiming to represent Trading Coach — is not authorized by us, is not advice from us, and should not be relied on. Please report any such communication to support@tradingcoach.com. Do not send us your account numbers, passwords, or account statements.

3.5 Your Decisions Are Your Own. You are solely responsible for evaluating the merits and risks of any trade, strategy, product, or service, and for all of your trading and investment decisions and their results. Before making any financial decision, you should consider consulting a licensed and appropriately registered professional who is familiar with your circumstances. You agree that no Trading Coach Party is responsible for any trading or investment loss, missed gain, or other financial outcome resulting from your use of or reliance on the Services or any Content.

3.6 No Guarantee of Results; No Earnings Claims. We do not promise or guarantee that you will learn to trade profitably, earn any income, pass any prop firm evaluation, obtain or keep any funded account, receive any payout, or achieve any particular result. Any trades, results, income, or prop firm payouts shown or described in the Content — including those of our instructors, hosts, or other traders — are illustrative only, are not typical, and do not suggest that you will achieve similar results. Many people who trade futures, options, and other leveraged products lose money, and many people who attempt prop firm evaluations do not pass them. Any testimonial or success story reflects only the experience of the person giving it. Testimonials may not be representative of the experience of other customers and are no guarantee of future performance or success. Where a person giving a testimonial received more than a nominal payment or other compensation, we will identify it as a paid testimonial. Where a testimonial or endorsement comes from someone with a material connection to us (for example, an instructor, contractor, affiliate, or a person who received compensation or free access), we will disclose that connection as required by law.

3.7 Hypothetical and Simulated Performance. Some Content may present hypothetical, simulated, back-tested, paper-traded, demo-account, or prop firm evaluation results, or results from prop firm accounts in which trades are simulated rather than executed in the market. Such results are not actual trading results. The following statement applies to all such results wherever they appear in the Services or the Content: These results are based on simulated or hypothetical performance results that have certain inherent limitations. Unlike the results shown in an actual performance record, these results do not represent actual trading. Also, because these trades have not actually been executed, these results may have under-or over-compensated for the impact, if any, of certain market factors, such as lack of liquidity. Simulated or hypothetical trading programs in general are also subject to the fact that they are designed with the benefit of hindsight. No representation is being made that any account will or is likely to achieve profits or losses similar to these being shown.

3.8 Our People's Own Trading; Conflicts of Interest. Our instructors, hosts, writers, employees, contractors, and affiliated companies may trade for their own accounts, including in instruments discussed in the Content, and may hold, enter, or exit positions before, during, or after Content is published, including positions that are inconsistent with views expressed in the Content. They may trade using simulated, demo, evaluation, or funded prop firm accounts, and may be customers of, or hold accounts with, prop firms or other companies discussed in the Content. Trading Coach Parties may also receive compensation from companies mentioned in the Content, as described in Section 10.2.

3.9 Accuracy, Timeliness, and Market Information. Content may contain errors or omissions and may become outdated. Markets change rapidly. News, market commentary, prices, quotes, and charts shown in the Services may be delayed, incomplete, or superseded, are provided for illustration only, and are not suitable for making trading decisions. The rules, fees, products, and conditions of brokers, exchanges, prop firms, and other third parties change frequently; you should verify any such information directly with the relevant third party before relying on it. We have no obligation to update any Content.

3.10 Options. Options involve risk and are not suitable for all investors. Before trading exchange-listed options, you should read the Options Clearing Corporation's publication Characteristics and Risks of Standardized Options, which your broker is required to provide and which is available from the Options Clearing Corporation.

4. RISK DISCLOSURE

4.1 Substantial Risk of Loss. TRADING FUTURES, OPTIONS ON FUTURES, SECURITIES OPTIONS, AND OTHER LEVERAGED OR DERIVATIVE PRODUCTS INVOLVES SUBSTANTIAL RISK OF LOSS AND IS NOT SUITABLE FOR EVERYONE. You should carefully consider whether trading is appropriate for you in light of your experience, objectives, financial resources, and other circumstances. Among other risks:

(a) Leverage. Because futures and many options are highly leveraged, a small price movement can result in a large loss. You may lose more than your initial deposit or margin and may be required to deposit additional funds on short notice.

(b) Options. A buyer of an option may lose the entire premium paid. A seller (writer) of an option may incur losses that are very large and, in some cases, unlimited.

(c) Market Conditions. Volatility, price gaps, limit moves, trading halts, and illiquid markets may make it difficult or impossible to exit a position or to execute an order at the expected price. Stop orders and other risk-management orders do not guarantee that losses will be limited to the intended amount.

(d) Technology. Trading platforms, data feeds, internet connections, and other systems can fail, be delayed, or produce errors, which can cause losses.

(e) Risk Capital Only. You should trade only with money that you can afford to lose without affecting your standard of living.

(f) Past Performance. Past performance, whether actual or hypothetical, is not indicative of future results.

(g) Prop Firms. Prop firm evaluation fees are often non-refundable, and many participants do not pass evaluations. Prop firms set and may change their own rules, may deny or delay payouts, and may cease operating. Many prop firm accounts are simulated. Trading Coach does not operate, control, or guarantee any prop firm.

(h) Taxes. Trading can have significant tax consequences. You should consult a qualified tax professional.

This summary does not describe every risk of trading.

4.2 Assumption of Risk and Release. You acknowledge that you have read and understand these risks and that you assume all risks associated with any trading or investment activity you undertake. To the maximum extent permitted by applicable law, you release the Trading Coach Parties from all claims, demands, and damages arising out of or relating to your trading or investment activities or results, except claims arising from the fraud, gross negligence, or willful misconduct of a Trading Coach Party, or any claim that cannot be released in advance under applicable law.

5. YOUR ACCOUNT AND PROP FIRM COMPARE SIGN-IN

5.1 Prop Firm Compare Account Required. To access the Services or certain features of the Services, you must sign in with an account provided by Propfirm Compare LLC ("PFC"), our affiliate, which operates the Prop Firm Compare platform at propfirm.compare (a "PFC Account"). Your PFC Account is governed by PFC's own terms of service and privacy policy, which are separate from these Terms and our Privacy Policy. Your use of the Services is governed by these Terms and our Privacy Policy. Holding a PFC Account does not by itself mean that you have agreed to these Terms; you agree to these Terms when you accept them as described in Section 1.2.

5.2 Information Exchanged at Sign-In. When you sign in with your PFC Account, PFC provides us with certain information associated with your PFC Account so that we can create, maintain, and personalize your Trading Coach account. Our Privacy Policy describes what information is exchanged and how we use it.

5.3 Dependence on Your PFC Account. Your access to the Services depends on your PFC Account being active and in good standing. If your PFC Account is suspended, terminated, deleted, or unavailable, or if PFC's sign-in service is interrupted, you may be unable to access the Services, your Notes, or other information associated with your Trading Coach account. Trading Coach is not responsible for PFC's services, and PFC is not responsible for the Services. Deleting your Trading Coach account does not delete your PFC Account, and deleting your PFC Account does not by itself delete information held by Trading Coach; our Privacy Policy explains how to request deletion.

5.4 Account Security. You are responsible for keeping your PFC Account credentials confidential, for using a strong and unique password and any multi-factor authentication that is offered, and for all activity that occurs under your account. You must notify us at support@tradingcoach.com, and notify PFC, immediately if you suspect any unauthorized access to or use of your account. We may treat any person using your credentials as you.

5.5 One Person Per Account. Your account is personal to you and may not be shared, sold, transferred, or used by anyone else. You may not create or use multiple accounts to evade any restriction or suspension. You must keep the information associated with your account accurate and current.

5.6 Changes to Sign-In. We may change how you sign in to the Services at any time, including by offering other sign-in methods or requiring additional verification.

6. FREE ACCESS, FUTURE PAID OFFERINGS, AND CHANGES TO THE SERVICES

6.1 Free Access. The Services are currently provided free of charge, and we do not ask you for any payment information to use them.

6.2 Future Paid Offerings. We may introduce paid features, subscriptions, courses, memberships, or other offerings in the future, and may make some Content available only through paid offerings. We will not charge you for anything unless, before you are charged, we clearly disclose the price and other material terms (including any automatic renewal, cancellation, and refund terms) and you expressly agree to them. Paid offerings may be subject to Additional Terms.

6.3 Changes to the Services. We may add, change, suspend, or discontinue any part of the Services or any Content, including any course, lesson, feature, or instructor, at any time, with or without notice, and without liability to you. If we decide to discontinue the Services entirely, we will use reasonable efforts to give you at least 30 days' notice so that you can save a copy of your Notes, where feasible.

6.4 Availability. We do not guarantee that the Services will be available at all times or in all locations. The Services may be interrupted for maintenance, upgrades, emergencies, or reasons beyond our control. Features we identify as "beta," "preview," or similar are provided as-is and may be changed or discontinued at any time.

7. LICENSE TO USE THE SERVICES AND CONTENT

7.1 Limited License. Subject to your continued compliance with these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and view the Content through the Services for your own personal, non-commercial educational use. You may take personal notes on the Content, including brief excerpts, for your own study.

7.2 Restrictions. Except as expressly permitted by these Terms or by us in writing, you may not, and may not permit or help anyone else to:

(a) copy, download (except through a download feature we provide), record, screen-capture, rip, or otherwise reproduce any Content;

(b) distribute, publish, sell, resell, rent, license, sublicense, stream, broadcast, or otherwise make any Content available to anyone else, including in group chats, communities, servers, social media, or competing courses;

(c) modify, translate, adapt, or create derivative works based on any Content;

(d) share your login, or otherwise provide anyone else with access to the Services or Content;

(e) use any Content to provide trading signals, alerts, courses, coaching, mentoring, or advisory services to others;

(f) remove, obscure, or alter any copyright, trademark, disclaimer, or other notice;

(g) bypass, disable, or circumvent any access control, content-protection, or usage-limiting technology;

(h) use any robot, spider, scraper, crawler, or other automated means to access the Services or to collect, copy, or index any Content;

(i) use any Content, or any part of the Services, to develop, train, fine-tune, test, or improve any artificial intelligence or machine-learning model, or compile any Content into a dataset;

(j) frame, mirror, or embed any part of the Services on another website or service; or

(k) decompile, disassemble, or reverse engineer any part of the Services, except to the extent applicable law expressly permits it despite this restriction.

7.3 Reservation of Rights. All rights not expressly granted to you in these Terms are reserved by Trading Coach and its licensors. No license is granted by implication, estoppel, or otherwise.

8. YOUR PRIVATE NOTES

8.1 What Notes Are. The Services may allow you to write and save personal notes (your "Notes"). Notes are private to your account and are not visible to other users of the Services.

8.2 Ownership and License. As between you and Trading Coach, you own your Notes, except for any Content you include in them, which remains ours or our licensors'. You grant Trading Coach a worldwide, non-exclusive, royalty-free license to host, store, copy, process, transmit, and display your Notes solely to provide the Services to you, maintain backups, secure the Services, comply with law, and enforce these Terms. This license lasts for as long as your Notes are stored on our systems. We will not publish your Notes or use their content for marketing or advertising.

8.3 Our Access to Notes. We do not monitor the content of Notes. Our personnel and service providers will access the content of your Notes only (a) with your permission, such as when you ask us for support; (b) as reasonably necessary to maintain, secure, or troubleshoot the Services; (c) to investigate a suspected violation of these Terms or the law; or (d) as required by law. Automated systems process Notes in order to store and display them to you.

8.4 Your Responsibility for Notes. You are solely responsible for your Notes and must ensure they comply with the law and these Terms. Do not include in your Notes any passwords, account numbers, payment card information, government identification numbers, health information, or other sensitive information, or personal information about other people. The Notes feature is not designed to be a secure vault for that kind of information.

8.5 Keep Your Own Copies. We do not guarantee that Notes will be preserved, and we may impose reasonable storage limits. You should keep your own copies of anything important. Notes may be deleted when your account is deleted or terminated, as described in our Privacy Policy. To the maximum extent permitted by applicable law, we are not liable for any loss of or damage to your Notes.

8.6 Removal. We may remove any Notes that we reasonably believe violate the law or these Terms.

9. ACCEPTABLE USE

You agree that you will not, and will not attempt to or help anyone else to:

(a) use the Services in violation of any law or regulation or in a way that infringes, misappropriates, or violates anyone's rights;

(b) access or use the Services in violation of Section 2;

(c) impersonate any person, or misrepresent your affiliation with any person, including by falsely claiming to be, to represent, or to be endorsed by Trading Coach, any Trading Coach Party, or any of our instructors;

(d) interfere with, disrupt, overburden, or damage the Services, or introduce any virus, malware, or other harmful code;

(e) probe, scan, or test the vulnerability of the Services, or breach or circumvent any security or authentication measure, except under a written authorization from us;

(f) access or attempt to access any account, Notes, or data that are not yours;

(g) use the Services to send spam or other unsolicited communications, or to collect information about other users;

(h) use the Services to promote or solicit for any trading signal service, investment scheme, market manipulation, or fraud;

(i) circumvent any access limit or geographic restriction, including by misrepresenting your location; or

(j) use the Services for any commercial purpose without our prior written consent.

10. THIRD-PARTY SERVICES, LINKS, AND MATERIAL CONNECTIONS

10.1 Third-Party Services. The Services and Content may mention, link to, or integrate with websites, platforms, brokers, exchanges, prop firms, data providers, tools, and other services that we do not own or control ("Third-Party Services"). We do not endorse and are not responsible for any Third-Party Service, including its content, products, accuracy, policies, practices, solvency, or availability. Your dealings with any Third-Party Service are solely between you and that third party and are governed by its terms. You should conduct your own due diligence before using any Third-Party Service.

10.2 Material Connections and Compensation. Trading Coach is affiliated with Propfirm Compare LLC, which operates a prop firm comparison platform and receives commissions, referral fees, or other compensation from prop firms and other companies when users make purchases through its links or use its discount codes. Trading Coach Parties, including our instructors, may receive compensation, including commissions, referral fees, sponsorships, or free or discounted products, from companies mentioned in the Content, including prop firms, brokers, trading platforms, and tools. Where such a relationship exists, you should assume that a Trading Coach Party may benefit financially if you make a purchase through our links or codes. We will disclose material connections as required by law, including the Federal Trade Commission's Guides Concerning the Use of Endorsements and Testimonials in Advertising.

10.3 Third-Party Content in News and Articles. News and article Content may summarize, quote, or link to reporting or materials published by third parties. We do not verify and are not responsible for the accuracy of third-party materials.

11. INTELLECTUAL PROPERTY

11.1 Ownership. The Services and the Content, including all text, video, audio, graphics, images, designs, course structures, selection and arrangement, and software, are owned by Trading Coach or its licensors and are protected by copyright, trademark, and other laws.

11.2 Trademarks. "Trading Coach" and our logos and other brand features are trademarks of Trading Coach or its affiliates. You may not use them without our prior written permission. Third-party names and trademarks mentioned in the Services belong to their respective owners, and their mention does not imply any endorsement or affiliation unless we state otherwise.

11.3 Feedback. If you send us suggestions, ideas, or other feedback about the Services, we may use them for any purpose without obligation or compensation to you, and you grant us a perpetual, irrevocable, worldwide, royalty-free license to do so. Please do not send us any information you consider confidential.

12. COPYRIGHT COMPLAINTS

12.1 Notices. We respect intellectual property rights. If you believe that material available through the Services infringes your copyright, please send a written notice to our designated agent that includes: (a) your physical or electronic signature; (b) identification of the copyrighted work you claim has been infringed; (c) identification of the material you claim is infringing and information reasonably sufficient for us to locate it; (d) your name, address, telephone number, and email address; (e) a statement that you have a good-faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law; and (f) a statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf.

12.2 Designated Agent. Copyright Agent, Trading Coach LLC, 7901 4th St N, Ste 300, St. Petersburg, FL 33702; legal@tradingcoach.com.

12.3 Counter-Notices and Repeat Infringers. If material you posted or stored is removed in response to a notice, you may send a counter-notice as permitted by 17 U.S.C. § 512(g). We will terminate, in appropriate circumstances, the accounts of users who are repeat infringers. A person who knowingly makes a material misrepresentation in a notice or counter-notice may be liable for damages under 17 U.S.C. § 512(f).

13. ELECTRONIC COMMUNICATIONS

13.1 Consent to Electronic Communications. You consent to receive agreements, notices, disclosures, and other communications from us electronically, including by email to the address associated with your account and by notices posted in the Services. Electronic communications satisfy any legal requirement that a communication be in writing. You may withdraw this consent only by closing your account. You are responsible for keeping the email address associated with your account current, which you manage through your PFC Account.

13.2 Service Communications. We will send you communications about your account, security, and the Services, including changes to these Terms. You cannot opt out of these service communications while you have an account.

13.3 Marketing Communications. Where permitted by law, we may send you newsletters, product updates, and information about Trading Coach and the products and services of our affiliated companies. You can opt out of marketing emails at any time by using the unsubscribe link in any marketing email or by contacting privacy@tradingcoach.com. Opting out of marketing emails does not stop service communications.

13.4 Communications Are Content. Our emails, newsletters, and announcements are Content and are subject to Sections 3 and 4.

14. PRIVACY

Our Privacy Policy describes how we collect, use, and disclose information about you, including the information we receive from PFC when you sign in, and the choices and rights available to you. By using the Services, you acknowledge that you have read the Privacy Policy.

15. SUSPENSION AND TERMINATION

15.1 By You. You may stop using the Services at any time. You may ask us to delete your Trading Coach account as described in our Privacy Policy.

15.2 By Us. We may suspend or terminate your access to all or part of the Services, or delete your account, at any time, with or without notice, if (a) we reasonably believe that you have violated these Terms or the law, or that your use of the Services poses a risk to us, other users, or third parties; (b) we are required to do so by law; (c) your PFC Account is suspended, terminated, or deleted; (d) we discontinue all or part of the Services; or (e) for any other reason, in our discretion, on reasonable notice where practicable. If we terminate your account under clause (d) or (e), we will use reasonable efforts to give you an opportunity to save a copy of your Notes, where feasible.

15.3 Effect of Termination. When your access ends, the license in Section 7.1 ends immediately. Sections 1.4, 1.5, 2.4, 3, 4, 5.3, 7.2, 7.3, 8.2 (for as long as your Notes remain on our systems, including backups), 8.3 through 8.6, 9, 10, 11, 12.3, 13, 15.3, and 16 through 23, and any other provisions that by their nature should survive, survive any termination or expiration of these Terms.

16. DISCLAIMER OF WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS, AND WITHOUT WARRANTIES OF ANY KIND. THE TRADING COACH PARTIES DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING, THE TRADING COACH PARTIES DO NOT WARRANT THAT (A) THE SERVICES WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (B) ANY CONTENT IS ACCURATE, COMPLETE, CURRENT, OR RELIABLE; (C) USE OF THE SERVICES OR CONTENT WILL PRODUCE ANY PARTICULAR RESULT, INCLUDING ANY TRADING PROFIT OR PROP FIRM OUTCOME; OR (D) ANY DEFECT WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM ANY TRADING COACH PARTY CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

17. LIMITATION OF LIABILITY

17.1 Excluded Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ANY TRADING COACH PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, OR OPPORTUNITY, ANY TRADING OR INVESTMENT LOSS, ANY LOSS OF DATA (INCLUDING NOTES), OR ANY LOSS OF GOODWILL, ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICES, THE CONTENT, OR YOUR TRADING OR INVESTMENT ACTIVITIES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR ANY OTHER LEGAL THEORY, AND EVEN IF A TRADING COACH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

17.2 Cap on Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF ALL TRADING COACH PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICES, OR THE CONTENT WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TRADING COACH FOR THE SERVICES GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US $100).

17.3 Basis of the Bargain. The limitations in this Section 17 are an essential part of the bargain between you and Trading Coach, reflect a reasonable allocation of risk in light of the fact that the Services are provided free of charge, and apply even if any limited remedy fails of its essential purpose.

17.4 Exceptions. Nothing in these Terms excludes or limits (a) liability for fraud, gross negligence, or willful misconduct; (b) any damages, fees, costs, or other remedies that a statute expressly provides and that cannot be waived or limited by agreement, including statutory, liquidated, or punitive damages and attorneys' fees; or (c) any other liability that cannot be excluded or limited under applicable law. Section 4.2 is subject to this Section 17.4.

18. INDEMNIFICATION

To the maximum extent permitted by applicable law, you agree to indemnify and hold harmless the Trading Coach Parties, and at our option to defend them, from and against any and all third-party claims, and all related liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees), arising out of or relating to: (a) your breach of these Terms; (b) your violation of any law or the rights of any third party; (c) your Notes or any other material you submit; (d) your unauthorized copying, distribution, or other misuse of the Services or Content; or (e) any trading, coaching, or advice that you provide to others. We may control the defense and settlement of any such claim, and you will cooperate with us. You will not settle any such claim without our prior written consent.

19. DISPUTE RESOLUTION: BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER

19.1 Covered Disputes. "Dispute" means any dispute, claim, or controversy between you and Trading Coach that arises out of or relates to these Terms (including any prior version), the Services, the Content, your sign-in to the Services through your PFC Account, our collection, use, or disclosure of information about you, or any communication from Trading Coach to you, whether based on contract, statute, regulation, ordinance, tort (including fraud and negligence), or any other legal or equitable theory, and whether it arose before or after you accepted these Terms. "Dispute" also includes any such claim by you against any other Trading Coach Party, but only to the extent the claim arises out of or relates to the Services, the Content, or these Terms. "Dispute" does not include (a) any claim that was already pending in a court before you first accepted these Terms, or (b) any claim between you and Propfirm Compare LLC or another affiliated company that arises under a separate agreement between you and that company (including PFC's terms of service), which will be resolved as that agreement provides. Every Trading Coach Party is an intended third-party beneficiary of, and may enforce, this Section 19 as to Disputes.

19.2 Informal Dispute Resolution First. Before starting an arbitration or a small claims action, the party asserting a Dispute must send the other party an individual written notice of the Dispute (a "Notice of Dispute"). A Notice of Dispute to Trading Coach must be sent by email to legal@tradingcoach.com and by mail to Trading Coach LLC, Attn: Legal, 7901 4th St N, Ste 300, St. Petersburg, FL 33702. We will send any Notice of Dispute to you at the email address associated with your account. A Notice of Dispute must include the claimant's name, the email address associated with the claimant's account (if any), a description of the Dispute, and the specific relief sought, and it must be signed by the claimant personally (and by the claimant's attorney, if represented). For 60 days after the Notice of Dispute is received, the parties will attempt in good faith to resolve the Dispute informally, which may include, at either party's request, an individual telephone or video conference in which the claimant participates personally (with counsel, if represented). Any applicable statute of limitations, and any filing-fee deadline, is tolled while the parties engage in this process. Compliance with this Section 19.2 is a condition precedent to starting an arbitration or small claims action, and a court may enforce this Section 19.2 and may enjoin any arbitration filed without compliance.

19.3 Agreement to Arbitrate. If a Dispute is not resolved within the 60-day period described in Section 19.2, then except as provided in Section 19.4, you and Trading Coach agree that the Dispute will be resolved exclusively by final and binding arbitration on an individual basis, and not in court.

19.4 Exceptions. The following are not required to be arbitrated: (a) an individual action in small claims court in the county where you reside or in Orange County, Florida, if the action is within that court's jurisdiction and remains in that court on an individual (non-class, non-representative) basis; (b) an action by either party in court seeking an injunction or other equitable relief to stop the actual or threatened infringement, misappropriation, or violation of that party's intellectual property rights, or unauthorized access to or use of that party's systems, accounts, or data (including scraping or hacking); and (c) a request for public injunctive relief to the extent provided in Section 19.10.

19.5 Administrator and Rules. The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules and, where applicable, its Mass Arbitration Supplementary Rules (together, the "AAA Rules"), in effect when the arbitration is commenced, as modified by this Section 19. The AAA Rules are available at adr.org. If the AAA is unavailable or unwilling to administer the arbitration, the parties will agree on a substitute arbitration administrator, and if they cannot agree, a court of competent jurisdiction will appoint one under 9 U.S.C. § 5. The arbitration will be conducted before a single arbitrator.

19.6 Hearings and Awards. Unless the parties agree otherwise or the AAA Rules provide otherwise, any arbitration hearing will be conducted by video conference or, if the arbitrator determines that an in-person hearing is necessary, in the county where you reside or in Orange County, Florida, at your election. Claims for $25,000 or less may be resolved on written submissions unless a party requests a hearing or the arbitrator determines a hearing is necessary. The arbitrator may award, on an individual basis, any relief that a court could award under applicable law, applying these Terms to the extent a court would enforce them (including Section 17.4), will apply applicable law, and will issue a reasoned written decision. Judgment on the award may be entered in any court of competent jurisdiction. An award and any decision by an arbitrator binds only the parties to that arbitration and has no preclusive or precedential effect in any other arbitration or proceeding.

19.7 Fees and Costs. Payment of AAA filing, administrative, and arbitrator fees will be governed by the AAA Rules and fee schedules for consumer disputes, under which Trading Coach pays the substantial majority of those fees. If you show that the fees you would be required to pay are prohibitive compared with the cost of litigation, we will pay as much of your share as necessary to prevent the cost from being prohibitive. Each party will bear its own attorneys' fees and costs, except that the arbitrator may award attorneys' fees and costs (a) to the extent a statute that applies to the claim provides for them, or (b) against a party whose claim or defense the arbitrator finds frivolous or brought for an improper purpose, under the standard of Rule 11(b) of the Federal Rules of Civil Procedure.

19.8 Who Decides. The arbitrator has exclusive authority to resolve any dispute about the interpretation, applicability, enforceability, or formation of this Section 19, including any claim that all or part of this Section 19 is void or voidable, except that a court of competent jurisdiction has exclusive authority to decide (a) whether Section 19.2 has been satisfied, and (b) any dispute about the scope, applicability, validity, or enforceability of Sections 19.9, 19.10, or 19.11.

19.9 Class Action and Representative Action Waiver. YOU AND TRADING COACH AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF, CLAIMANT, OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. The arbitrator may not consolidate the claims of more than one person, may not preside over any form of class, collective, or representative proceeding, and may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. If a court decides, after all appeals are exhausted, that this Section 19.9 is unenforceable as to a particular claim or request for relief, then that claim or request for relief (and only that claim or request) will be severed and decided by a court under Section 20, and will be stayed until the individual claims are resolved in arbitration. In no event will any Dispute proceed as a class or representative arbitration.

19.10 Public Injunctive Relief. If a claim seeks public injunctive relief (that is, injunctive relief whose primary purpose and effect is to prohibit unlawful acts that threaten future injury to the general public), and a court determines, after all appeals are exhausted, that applicable law does not permit that relief to be waived or limited to individual relief in arbitration, then that request for public injunctive relief will be severed and decided by a court under Section 20, and will be stayed until all other claims are resolved in arbitration.

19.11 Mass Arbitration. If 25 or more demands for arbitration that are substantially similar are filed against Trading Coach or any Trading Coach Party by or with the assistance of the same or coordinated counsel or organizations, the AAA's Mass Arbitration Supplementary Rules and related fee schedule will apply to those demands to the extent provided in those rules. Any applicable statute of limitations is tolled for each such claim from the date its Notice of Dispute was received until the claim is resolved under those procedures.

19.12 Your Right to Opt Out. You may opt out of this Section 19 by sending us written notice of your decision within 30 days after the date you first accept these Terms (or, if you previously accepted a version of these Terms that did not include an arbitration agreement, within 30 days after you first accept a version that does). Your notice must be sent by email to legal@tradingcoach.com with the subject line "Arbitration Opt-Out" or by mail to the address in Section 19.2, and must include your name, the email address associated with your account, and a clear statement that you are opting out of the arbitration agreement in these Terms. The notice must be sent individually on your own behalf (by you or by your attorney) and not as part of a group, class, or mass opt-out submitted for multiple people. If you opt out, Section 20 will govern any Dispute between you and us, and the rest of these Terms will continue to apply.

19.13 Jury Trial Waiver. IF FOR ANY REASON A DISPUTE PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU AND TRADING COACH EACH WAIVE ANY RIGHT TO A JURY TRIAL, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

19.14 Changes to This Section. If we make any material change to this Section 19 after you have accepted it, you may reject that change by sending us written notice, in the manner described in Section 19.12, within 30 days after the change takes effect. If you reject a change, the most recent version of this Section 19 that you accepted will continue to govern Disputes between you and us. In any event, a change to this Section 19 will not apply to any Dispute of which we received a Notice of Dispute before the change took effect.

19.15 Severability. Except as provided in Sections 19.9 and 19.10, if any part of this Section 19 is found to be unenforceable, that part will be severed and the remainder of this Section 19 will remain in full force and effect.

19.16 Mandatory Local Law. If you reside in the European Economic Area, the United Kingdom, Switzerland, or any other jurisdiction whose mandatory consumer protection law prohibits a consumer from agreeing in advance to arbitrate disputes (such as Quebec), this Section 19 does not apply to you to the extent so prohibited, and you may bring proceedings in the courts that such law makes available to you.

19.17 Federal Arbitration Act. These Terms involve interstate commerce, and the Federal Arbitration Act, 9 U.S.C. § 1 et seq., governs the interpretation and enforcement of this Section 19. This Section 19 survives any termination of these Terms or of your account.

20. GOVERNING LAW AND VENUE

20.1 Governing Law. These Terms, and any Dispute, are governed by the laws of the State of Florida, without regard to its conflict-of-laws principles, except that the Federal Arbitration Act governs Section 19. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms. Nothing in these Terms deprives you of the protection of any mandatory consumer protection law of the place where you reside that cannot be waived by contract.

20.2 Venue. Subject to Section 19 and to Sections 19.4(a) and 19.16, any Dispute that is not arbitrated (including any Dispute where you have opted out of arbitration) will be brought exclusively in the state courts located in Orange County, Florida, or in the United States District Court for the Middle District of Florida, Orlando Division. You and Trading Coach each consent to the personal jurisdiction of those courts and waive any objection to venue there, including any objection based on inconvenient forum.

21. CHANGES TO THESE TERMS

We may update these Terms from time to time. When we do, we will post the updated Terms in the Services and change the "Last Updated" date above. If we make a material change, we will notify you at least 15 days before it takes effect, by email to the address associated with your account or by a notice in the Services, unless the change is required by law or relates to a new feature, in which case it may take effect sooner. We may require you to accept updated Terms to continue using the Services. Except as provided in Section 19.14, by continuing to use the Services after an update takes effect, you agree to the updated Terms. If you do not agree, you must stop using the Services. Except as provided in Section 19.14 for changes to Section 19, a material change will not apply to a Dispute that arose before the change took effect, which will be governed by the version of these Terms in effect when the Dispute arose.

22. GENERAL PROVISIONS

22.1 Entire Agreement. These Terms, together with any Additional Terms, are the entire agreement between you and Trading Coach regarding the Services and supersede all prior and contemporaneous understandings regarding that subject.

22.2 Assignment. You may not assign or transfer these Terms or any of your rights or obligations under them without our prior written consent. We may assign or transfer these Terms, in whole or in part, without your consent, including to an affiliated company or in connection with a merger, acquisition, reorganization, or sale of assets.

22.3 Severability. Except as provided in Section 19, if any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible or modified to the minimum extent necessary to make it enforceable, and the remaining provisions will remain in full force and effect.

22.4 No Waiver. Our failure to enforce any provision of these Terms is not a waiver of our right to enforce it later.

22.5 Force Majeure. We are not liable for any delay or failure to perform caused by events beyond our reasonable control, including acts of God, natural disasters, epidemics, war, terrorism, civil unrest, labor disputes, government action, failures of utilities, networks, or third-party service providers (including PFC's sign-in service), and cyberattacks.

22.6 Third-Party Beneficiaries. The Trading Coach Parties are intended third-party beneficiaries of Sections 3, 4, 8.5, 10, 16, 17, 18, 19, and 20, and may enforce those Sections directly. Except as stated in this Section 22.6, there are no third-party beneficiaries of these Terms.

22.7 Export Controls and Sanctions. You agree to comply with all applicable export control and economic sanctions laws in connection with your use of the Services.

22.8 Relationship of the Parties. Nothing in these Terms creates any partnership, joint venture, agency, employment, or fiduciary relationship between you and any Trading Coach Party.

22.9 Interpretation. Section headings are for convenience only and do not affect interpretation. These Terms are written in English, and the English version controls over any translation. These Terms will not be construed against either party as the drafter.

22.10 Notices. We may give you notice by email to the address associated with your account or by posting a notice in the Services. Except where Section 19 provides a different method (including arbitration opt-outs under Section 19.12 and rejections under Section 19.14), legal notices to Trading Coach must be sent by email to legal@tradingcoach.com, with a copy by mail to Trading Coach LLC, Attn: Legal, 7901 4th St N, Ste 300, St. Petersburg, FL 33702.

22.11 Notice to California Residents. Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: the Services are provided by Trading Coach LLC, 7901 4th St N, Ste 300, St. Petersburg, FL 33702; the Services are currently provided free of charge; and you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.

23. CONTACT US

Questions about these Terms may be sent to:

Trading Coach LLC

7901 4th St N, Ste 300

St. Petersburg, FL 33702

Support: support@tradingcoach.com

Legal notices: legal@tradingcoach.com