Terms & Conditions

Precise Trading Analytics, LLC — Terms and Conditions of Service and User Agreement

Effective Date: January 1, 2025 | Last Revised: March 2025 | Governing Law: State of Michigan, United States of America

IMPORTANT — PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY BEFORE ACCESSING, USING, BROWSING, REGISTERING FOR, SUBSCRIBING TO, OR MAKING ANY TRANSACTION THROUGH THIS WEBSITE OR ANY SERVICES OF PRECISE TRADING ANALYTICS, LLC. THESE TERMS CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND PTAL.

THIS AGREEMENT CONTAINS A MANDATORY BINDING ARBITRATION CLAUSE, A CLASS ACTION WAIVER, A JURY TRIAL WAIVER, A LIMITATION OF LIABILITY PROVISION, A DAMAGES CAP, A STATUTE OF LIMITATIONS ON CLAIMS, AND AN ATTORNEY FEE-SHIFTING PROVISION. BY ACCESSING OR USING THIS SITE IN ANY MANNER, YOU AGREE TO BE LEGALLY BOUND BY ALL OF THESE TERMS WITHOUT MODIFICATION.

IF YOU DO NOT AGREE TO EVERY PROVISION OF THESE TERMS, YOU MUST IMMEDIATELY CEASE ALL USE OF THIS SITE AND SERVICES. YOUR CONTINUED ACCESS TO OR USE OF THE SITE CONSTITUTES YOUR IRREVOCABLE ACCEPTANCE OF THESE TERMS.

Definitions
Overview, Acceptance, and Binding Nature of Agreement
About Precise Trading Analytics, LLC
User Representations, Warranties, and Eligibility
Privacy Policy
Financial and Investment Disclaimer
Not an Investment Adviser — Regulatory Disclosure
Hypothetical Performance, Forward-Looking Statements, and Trade Results Disclosure
Conflicts of Interest and Compensation Disclosure
User Accounts
Limited License and Intellectual Property Rights
Prohibited Conduct
User-Generated Content and Submissions
Subscriptions, Billing, Cancellation, and Refund Policy
Testimonials, Reviews, and Endorsements
Third-Party Websites, Links, and Services
Modifications to the Site, Services, and These Terms
Service Interruptions, Downtime, and Force Majeure
Disclaimer of Warranties
Limitation of Liability and Damages Cap
Dispute Resolution — Mandatory Binding Arbitration and Class Action Waiver
Indemnification
Governing Law
Geographic Restrictions — United States Users Only
Statute of Limitations on Claims
Copyright, Trademark, and DMCA Notice
Electronic Communications and Signatures
Minors
Assignment
No Third-Party Beneficiaries
No Waiver
Severability
Survival
Relationship of the Parties
Notices
Headings; Construction
Entire Agreement
Contact Information

Section 1. Definitions

As used throughout these Terms, the following capitalized terms shall have the meanings set forth below:

"Agreement" or "Terms" means these Terms and Conditions of Service and User Agreement, including all exhibits, schedules, policies, and documents incorporated herein by reference, as amended from time to time.

"Content" means any and all information, text, graphics, photographs, images, video, audio, data, software, code, newsletters, articles, analyses, trade ideas, opinions, recommendations, research, tools, interactive materials, advertisements, and other proprietary or copyrightable materials that are published, posted, emailed, transmitted, uploaded, or otherwise made available through the Services.

"Dispute" means any claim, controversy, or dispute of any kind arising out of or relating to these Terms, the Privacy Policy, the Site, the Services, or your relationship with PTAL, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal or equitable theory.

"PTAL," "we," "us," or "our" means Precise Trading Analytics, LLC, a Michigan limited liability company, its members, managers, officers, employees, independent contractors, agents, successors, and assigns.

"Services" means all services, products, features, functionalities, newsletters, publications, chat rooms, forums, educational materials, webinars, and any other offerings provided by PTAL through the Site or otherwise.

"Site" means the website located at www.precisetradinganalytics.com, including all subpages, subdomains, affiliated websites, mobile applications, and any successor URLs.

"Submissions" means any content, ideas, suggestions, testimonials, photographs, communications, or other materials that you submit, post, transmit, or otherwise make available to PTAL or through the Site.

"User," "you," or "your" means any individual or entity that accesses or uses the Site or Services in any manner, including without limitation as a visitor, subscriber, or registered user.

Section 2. Overview, Acceptance, and Binding Nature of Agreement

These Terms govern your access to and use of the Site and all Services. This Agreement is entered into between you and PTAL as of the date you first access the Site or use the Services in any manner. By (a) clicking any "I Agree," "Accept," "Sign Up," or similar button or checkbox presented in connection with these Terms; (b) completing any registration or account creation process; (c) subscribing to any PTAL newsletter, publication, or service; (d) accessing or browsing any portion of the Site; or (e) otherwise using the Services in any manner, you acknowledge and agree that:

You have read, understood, and agree to be legally bound by these Terms in their entirety;
You have read and agree to PTAL's Privacy Policy, which is incorporated herein by reference;
These Terms constitute a valid, binding, and enforceable legal contract between you and PTAL;
You have the legal capacity and authority to enter into this Agreement; and
Your agreement to receive marketing or other electronic contact, or your clicking of any acceptance mechanism, constitutes your legally binding electronic signature, which shall be treated with the same legal force and effect as a handwritten signature on a paper contract under the Electronic Signatures in Global and National Commerce Act (E-SIGN), 15 U.S.C. § 7001 et seq., and applicable state law.

YOUR CONTINUED USE OF OR ACCESS TO THE SITE OR SERVICES AT ANY TIME FOLLOWING THE INITIAL POSTING OR DELIVERY OF THESE TERMS, OR FOLLOWING THE POSTING OF ANY AMENDMENTS OR MODIFICATIONS THERETO, SHALL CONSTITUTE YOUR IRREVOCABLE AND BINDING ACCEPTANCE OF THESE TERMS AS THEN IN EFFECT. IF YOU DO NOT AGREE TO THESE TERMS IN THEIR ENTIRETY, YOU ARE NOT AUTHORIZED TO ACCESS OR USE THE SITE OR SERVICES IN ANY MANNER WHATSOEVER AND MUST IMMEDIATELY CEASE ALL SUCH ACCESS AND USE.

Section 3. About Precise Trading Analytics, LLC

Precise Trading Analytics, LLC ("PTAL") is a limited liability company organized and existing under the laws of the State of Michigan, United States of America. PTAL publishes an information service for subscribers and users of its website that includes general information and opinions with respect to the purchase, sale, and holding of various stocks, securities, and other investments. PTAL is completely independent.

PTAL IS NOT PAID BY ANY PERSON, ENTITY, COMPANY, OR ORGANIZATION TO RECOMMEND ANY INVESTMENT, SECURITY, OR FINANCIAL PRODUCT. Always verify the disclosure practices of any financial information website you access, as many sites receive compensation — including thousands of dollars — to promote securities, including penny stocks, cryptocurrency, digital assets, collectibles, and other high-risk instruments, and make the majority of their income through such compensation arrangements. PTAL does not engage in such practices.

PTAL does not receive compensation from any of the companies or issuers featured in its articles, newsletters, or other publications. At various times, the publishers, members, managers, employees, or independent contractors of PTAL may own, buy, or sell the securities or other investments discussed in PTAL content for purposes of investment or trading. PTAL agrees to disclose on the Site or in its newsletter if it or its principals own or hold a position in any securities of any companies discussed. Independent contractors who provide content for PTAL also agree to disclose any interest in companies they discuss; however, if any independent contractor fails to make such disclosure to PTAL, PTAL shall not be required to make such disclosure to any third party, subscriber, or user of the Site or newsletter, and shall bear no liability therefor.

Section 4. User Representations, Warranties, and Eligibility

By accessing or using the Site or Services, you hereby represent, warrant, and covenant to PTAL, on a continuing basis throughout the term of this Agreement, that:

You are at least eighteen (18) years of age, or the age of majority in your applicable jurisdiction if older than eighteen (18), and have the legal capacity to enter into a binding contract;
You are not prohibited by any applicable law, regulation, court order, or other legal authority from accessing or using the Site or Services;
You are not a competitor of PTAL and are not accessing the Site or Services for any competitive intelligence, competitive monitoring, or other purpose adverse to PTAL's business interests;
You have full right, power, and authority to enter into and perform this Agreement, and doing so does not and will not violate any other agreement, obligation, or legal duty to which you are subject;
All information you provide to PTAL in connection with your use of the Site or Services is and will remain true, accurate, current, and complete;
You will promptly update any information you provide to PTAL upon any change thereto;
You will use the Site and Services solely for lawful purposes and in compliance with all applicable federal, state, local, and international laws, rules, regulations, and ordinances;
You will not use information obtained through the Site or Services as the sole or primary basis for any investment decision without first conducting your own independent due diligence and consulting with a qualified, licensed investment professional; and
You will provide, operate, and maintain, at your sole risk, cost, and expense, all hardware, software, and internet access necessary to use the Site and Services.

Any breach of the foregoing representations and warranties shall constitute a material breach of this Agreement, and PTAL reserves the right to immediately terminate your access to the Site and Services upon any such breach, without notice and without liability to you.

Section 5. Privacy Policy

Your use of the Services and PTAL's collection, use, and disclosure of certain information about you are governed by PTAL's Privacy Policy, which is incorporated into this Agreement by reference and made a part hereof as if fully set forth herein. By using the Services, you affirmatively consent to the collection, storage, processing, and use of your information in accordance with the Privacy Policy. A copy of the Privacy Policy is available on the Site. In the event of any conflict or inconsistency between these Terms and the Privacy Policy solely with respect to privacy and data protection matters, the terms of the Privacy Policy shall control.

PTAL reserves the right to modify the Privacy Policy at any time. Modifications to the Privacy Policy will be effective upon posting to the Site. Your continued use of the Services following the posting of any modifications to the Privacy Policy constitutes your acceptance of and agreement to such modifications.

Section 6. Financial and Investment Disclaimer

PTAL, ITS MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, INDEPENDENT CONTRACTORS, AGENTS, AFFILIATES, COLUMNISTS, CONTRIBUTORS, AND ALL OTHER PERSONS ACTING ON BEHALF OF PTAL (COLLECTIVELY, "PTAL PARTIES") ARE NOT LICENSED INVESTMENT ADVISERS, REGISTERED BROKER-DEALERS, REGISTERED INVESTMENT COMPANIES, FINANCIAL PLANNERS, FINANCIAL ANALYSTS, COMMODITY TRADING ADVISERS, ATTORNEYS, CERTIFIED PUBLIC ACCOUNTANTS, OR MEMBERS OF ANY FINANCIAL ADVICE ORGANIZATION, REGULATORY BODY, OR RESEARCH GROUP. NONE OF THE PTAL PARTIES HOLDS ANY LICENSE, REGISTRATION, OR AUTHORIZATION FROM THE SECURITIES AND EXCHANGE COMMISSION ("SEC"), THE FINANCIAL INDUSTRY REGULATORY AUTHORITY ("FINRA"), ANY STATE SECURITIES REGULATOR, OR ANY OTHER REGULATORY AUTHORITY TO PROVIDE INVESTMENT ADVICE, MANAGE ASSETS, OR ENGAGE IN THE SECURITIES BUSINESS.

NOTHING CONTAINED ON THE SITE, IN ANY NEWSLETTER, IN ANY EMAIL, IN ANY WEBINAR, IN ANY VIDEO, IN ANY CHATROOM, IN ANY FORUM, OR IN ANY OTHER COMMUNICATION FROM PTAL OR ANY PTAL PARTY, IN ANY FORMAT, CONSTITUTES OR SHOULD BE CONSTRUED AS: (A) FINANCIAL, INVESTMENT, TAX, LEGAL, ACCOUNTING, OR OTHER PROFESSIONAL ADVICE OF ANY KIND; (B) AN OFFER OR SOLICITATION TO BUY, SELL, OR HOLD ANY SECURITY, COMMODITY, DIGITAL ASSET, OR OTHER INVESTMENT PRODUCT; (C) AN INVESTMENT STRATEGY OR TRADING PLAN; (D) A PERSONALIZED INVESTMENT RECOMMENDATION DIRECTED TO ANY PARTICULAR SUBSCRIBER OR USER; OR (E) ANY OTHER ADVICE IN FURTHERANCE OF ANY TRADE OR DISPOSITION OF SECURITIES OR OTHER INVESTMENTS.

The Services and all Content provided by PTAL are intended solely for general informational and educational purposes. Content addressing specific assets, securities, stocks, options, futures, cryptocurrency, or other financial instruments and transactions is provided for illustration purposes only, and may not represent actual trades, positions, or transactions conducted by PTAL or any PTAL Party. PTAL does not promote, advertise, recommend, or advocate for the purchase or sale of any particular security or investment product. Any opinions expressed through PTAL's content are those of the individual author or contributor and are subject to change without notice. PTAL is not responsible for any errors or omissions in the Services or any Content.

INVESTING IN SECURITIES IS SPECULATIVE AND HIGH RISK, AND MAY NOT BE SUITABLE FOR ALL INVESTORS. The value of investments and the income derived from them may fall as well as rise, and you may not get back the amount originally invested. You should carefully and independently consider your investment objectives, level of experience, risk tolerance, and financial circumstances before acting on any information obtained through PTAL. Past performance is not an indication, representation, guarantee, or promise of future results. PTAL makes no guarantees, provides no advice, and makes no representations as to investment results.

You are solely and exclusively responsible for all of your investment and trading decisions. Decisions to buy, sell, hold, or trade in securities and other investments involve significant risk of loss and should only be made in consultation with and based upon the advice of a qualified, licensed investment professional. Any trading in securities or other investments is speculative and involves a risk of substantial or total loss of capital. YOU SHOULD NOT INVEST IN SECURITIES OR OTHER INVESTMENTS UNLESS YOU ARE FULLY PREPARED TO LOSE YOUR ENTIRE INVESTMENT AND TO ASSUME COMPLETE AND SOLE RESPONSIBILITY FOR ALL OF YOUR INVESTMENT DECISIONS. You should obtain advice from licensed, qualified professionals prior to making any investment decision. Please consider carefully whether investing or trading is appropriate for you in light of your current financial condition and your ability to bear financial risk and loss.

Section 7. Not an Investment Adviser — Regulatory Disclosure

PTAL is not registered as an investment adviser under the Investment Advisers Act of 1940, as amended (the "Advisers Act"), with the SEC or with any state securities authority. PTAL is not a registered broker-dealer under the Securities Exchange Act of 1934, as amended (the "Exchange Act"), and is not a member of FINRA or any securities exchange. PTAL does not provide investment advisory services within the meaning of the Advisers Act or any applicable state investment adviser statute, and does not act as a broker or dealer in securities.

The Content and Services provided by PTAL are published as general market commentary and educational information only. Such Content does not constitute "investment advice" as defined under the Advisers Act or any state securities law, and is not directed to any particular user in view of that user's particular investment objectives, financial situation, or needs. PTAL does not owe any fiduciary duty to any user of the Site or Services.

Under no circumstances should any Content or information obtained through PTAL be treated as a substitute for the advice of a licensed investment professional, securities attorney, or certified public accountant, each of whom can take into account your individual investment needs, objectives, and financial situation. CONSULT A LICENSED FINANCIAL PROFESSIONAL BEFORE MAKING ANY INVESTMENT DECISION.

Furthermore, PTAL does not comply with, and expressly disclaims any obligation to comply with, the requirements of Regulation Best Interest ("Reg BI") promulgated by the SEC, as PTAL is not a registered broker-dealer and does not make recommendations to retail customers within the meaning of Reg BI.

Section 8. Hypothetical Performance, Forward-Looking Statements, and Trade Results Disclosure

8.1 Hypothetical and Simulated Results

Certain trade results and performance data featured or published by PTAL, including in its newsletter, on the Site, and in other communications, may be hypothetical or simulated in nature rather than actual, realized trading results. Hypothetical or simulated performance results are prepared for illustrative and educational purposes only. HYPOTHETICAL OR SIMULATED PERFORMANCE RESULTS HAVE CERTAIN INHERENT LIMITATIONS. Unlike an actual performance record, simulated results do not represent actual trading. Since the trades have not actually been executed, the results may have under- or over-compensated for the impact, if any, of certain market factors, including but not limited to lack of liquidity, market impact, slippage, and brokerage commissions and fees.

NO REPRESENTATION IS BEING MADE THAT ANY ACCOUNT WILL OR IS LIKELY TO ACHIEVE PROFITS OR LOSSES SIMILAR TO THOSE SHOWN OR DISCUSSED. HYPOTHETICAL TRADING PROGRAMS IN GENERAL ARE ALSO SUBJECT TO THE FACT THAT THEY ARE DESIGNED WITH THE BENEFIT OF HINDSIGHT. PTAL CANNOT GUARANTEE THAT ANY PERSON BOUGHT OR SOLD THE ACTUAL SECURITY AT THE PRICES LISTED IN THE NEWSLETTER OR ON THE WEBSITE.

Unless otherwise expressly stated, the prices listed in the newsletter and on the Site represent the closing prices on the day the trade was published by PTAL, unless a specific target or entry price was reached during that day or unless an actual trade was placed by PTAL at a stated price. Individual investors may receive greater or lesser returns than those described, based upon their individual trading experience, available capital, timing of entry and exit, brokerage fees, tax treatment, market conditions at the time of execution, and other factors outside of PTAL's control.

8.2 Forward-Looking Statements

Certain Content published by PTAL may contain forward-looking statements within the meaning of applicable securities laws, including the Private Securities Litigation Reform Act of 1995. Such forward-looking statements involve known and unknown risks, uncertainties, assumptions, and other factors that may cause actual results, performance, or outcomes to differ materially from those expressed or implied in such statements. Forward-looking statements are not guarantees of future performance, and undue reliance should not be placed upon them. PTAL undertakes no obligation to update or revise any forward-looking statement to reflect any change in circumstances, new information, or future events.

8.3 Market Manipulation Disclaimer

PTAL expressly prohibits any use of the Services for the purpose of manipulating securities prices, engaging in coordinated trading activities designed to influence market prices, or any other form of market manipulation in violation of the Exchange Act, the Securities Act of 1933, as amended (the "Securities Act"), or any other applicable law. Users who access the Site or Services agree that they will not engage in any such conduct, and that any such conduct shall constitute a material breach of this Agreement entitling PTAL to immediately terminate the user's access to the Site and Services.

Section 9. Conflicts of Interest and Compensation Disclosure

In accordance with the disclosure requirements of the Federal Trade Commission ("FTC") under 16 C.F.R. Part 255 (Guides Concerning the Use of Endorsements and Testimonials in Advertising), PTAL makes the following material disclosures:

PTAL does not receive any direct or indirect compensation from any issuer, company, or entity whose securities are discussed, analyzed, or featured in PTAL's Content.
PTAL may receive compensation from third-party advertisers whose advertisements appear on the Site. The existence of such advertising relationships does not influence or affect PTAL's editorial Content, opinions, or analyses. Advertiser-funded content, if any, shall be clearly labeled as such.
PTAL principals, members, managers, employees, and independent contractors may personally hold positions in securities discussed in PTAL's Content. All such material positions shall be disclosed at the time the relevant Content is published.
Independent contractors who publish Content through PTAL have agreed to disclose any material interests in companies they discuss. PTAL is not liable for any failure of any independent contractor to make such disclosures.
PTAL does not accept payment, gifts, or other forms of consideration in exchange for editorial coverage, favorable analysis, or investment recommendations. Any compensation received by PTAL in connection with the Site or Services is disclosed in accordance with applicable FTC guidance and securities laws.

Section 10. User Accounts

10.1 Account Creation and Accuracy

Certain portions of the Site and Services may require you to register for and maintain a user account ("Account"). By creating an Account, you represent and warrant that all information provided during the registration process is and will remain true, accurate, current, and complete. You agree to promptly update your Account information upon any change thereto. PTAL reserves the right to reject any registration, suspend any Account, or terminate any Account at any time, in PTAL's sole and absolute discretion, without prior notice and without liability to you.

10.2 Account Security and Responsibility

You are solely responsible for maintaining the confidentiality and security of your Account credentials, including your username and password. You agree not to share your Account credentials with any third party or permit any third party to access your Account. One Account is permitted per individual user; Accounts may not be shared, sublicensed, or transferred.

You agree to notify PTAL immediately in writing upon becoming aware of any actual or suspected unauthorized access to or use of your Account or any breach of your Account security. PTAL is not liable for any loss, damage, or harm resulting from any unauthorized access to or use of your Account, regardless of whether PTAL was notified thereof. You are responsible and liable for all activity that occurs under your Account, whether or not such activity was authorized by you.

10.3 Entity Accounts

If you create an Account on behalf of a corporation, limited liability company, partnership, or other legal entity, you represent and warrant that you have full legal authority to bind such entity to this Agreement, and you agree to be jointly and severally liable with such entity for all obligations arising under this Agreement.

Section 11. Limited License and Intellectual Property Rights

11.1 Limited License Grant

Subject to your strict compliance with all terms and conditions of this Agreement, PTAL hereby grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Site and Services solely for your own personal, non-commercial, informational, and educational purposes. This license does not include any right to: (a) copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any commercial purpose; (b) modify or create derivative works based upon any Content; (c) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of any software component of the Services; (d) use the Site or Services in furtherance of any trade in securities or other investments; or (e) sublicense or transfer any right granted hereunder to any third party.

11.2 PTAL's Intellectual Property

All right, title, and interest in and to the Site, Services, and all Content — including without limitation all text, graphics, photographs, images, video, audio, data, software, newsletters, analyses, trade data, compilations, and other materials — are and shall remain the exclusive property of PTAL or its licensors, and are protected by United States and international copyright, trademark, trade secret, patent, and other intellectual property laws. All trademarks, service marks, trade names, and logos displayed on the Site are proprietary to PTAL or their respective owners. Nothing in this Agreement grants you any right, title, or interest in any PTAL intellectual property.

11.3 Permitted Personal Use

You may print a single copy of any Content for your own personal, non-commercial use only, provided that: (a) all copyright notices are preserved; (b) the Content is not modified in any way; (c) no graphics or logos are used separately from their accompanying text; and (d) the use complies in all respects with this Agreement. Any use beyond the scope of the limited license expressly granted herein is strictly prohibited.

ANY REDISTRIBUTION, REPRODUCTION, REPUBLICATION, RETRANSMISSION, SALE, LICENSING, OR OTHER COMMERCIAL EXPLOITATION OF PTAL NEWSLETTERS, EMAILS, WEBSITE CONTENT, ANALYSES, TRADE ALERTS, OR ANY OTHER CONTENT OF PTAL, WITHOUT THE PRIOR EXPRESS WRITTEN CONSENT OF PTAL, IS STRICTLY PROHIBITED AND CONSTITUTES A VIOLATION OF APPLICABLE COPYRIGHT AND OTHER INTELLECTUAL PROPERTY LAWS. PTAL WILL PROSECUTE COPYRIGHT INFRINGEMENT AND OTHER INTELLECTUAL PROPERTY VIOLATIONS TO THE FULLEST EXTENT PERMITTED BY LAW, AND MAY SEEK INJUNCTIVE RELIEF, ACTUAL DAMAGES, STATUTORY DAMAGES, AND ATTORNEYS' FEES IN CONNECTION THEREWITH.

Section 12. Prohibited Conduct

In connection with your access to and use of the Site and Services, you agree that you shall not, and shall not attempt to:

Access, use, or copy any Content in any manner not expressly authorized by this Agreement;
Reproduce, distribute, publish, display, perform, modify, create derivative works from, transmit, or otherwise exploit any Content for any commercial purpose;
Violate any applicable federal, state, local, or international law, rule, regulation, or ordinance, including without limitation the Securities Act, the Exchange Act, and all applicable securities laws and regulations;
Engage in any form of securities fraud, market manipulation, insider trading, or any other unlawful trading activity;
Use the Site or Services to provide investment advice, manage assets, or operate as an unregistered investment adviser or broker-dealer;
Use the Site or Services to promote, offer for sale, or sell any financial product, security, or service without all required licenses and authorizations;
Circumvent, disable, damage, or otherwise interfere with the security features or technical safeguards of the Site or Services;
Use any automated means, including robots, spiders, scrapers, or data mining tools, to access, scrape, collect, or harvest any Content from the Site without PTAL's express prior written consent;
Introduce any virus, trojan horse, worm, ransomware, logic bomb, or other malicious code into the Site or Services;
Transmit any unsolicited commercial electronic communications or engage in any form of spamming;
Defame, harass, threaten, intimidate, or invade the privacy of any other user or PTAL Party;
Impersonate any person or entity or misrepresent your affiliation with any person or entity;
Collect, harvest, or store any personally identifiable information about other users of the Site without their express consent;
Record any session, webinar, coaching session, or other PTAL communication without PTAL's prior express written consent; or
Use the Site or Services in any manner that could damage, disable, overburden, impair, or compromise PTAL's systems, servers, or networks.

PTAL reserves the right, but not the obligation, to monitor your use of the Site and Services for compliance with this Agreement, and to investigate any suspected violation hereof. Any violation of this Section 12 shall constitute a material breach of this Agreement and shall entitle PTAL to immediately terminate your access to the Site and Services, pursue all available legal and equitable remedies, and seek injunctive relief and monetary damages.

Section 13. User-Generated Content and Submissions

To the extent you submit, post, transmit, or otherwise make available any Submissions to or through the Site or Services, you hereby grant PTAL a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, non-exclusive, transferable, sublicensable license to use, copy, reproduce, modify, adapt, publish, translate, distribute, display, perform, sell, lease, transmit, and create derivative works from such Submissions, by any means and in any format, for any lawful purpose, without further notice to or consent from you, and without any compensation or attribution obligation to you.

You represent and warrant that: (a) you own all right, title, and interest in and to your Submissions, or otherwise have the right to grant the license set forth above; (b) your Submissions do not infringe any intellectual property right, privacy right, or other proprietary right of any third party; (c) your Submissions do not contain any content that is unlawful, defamatory, obscene, harassing, threatening, or otherwise objectionable; and (d) your Submissions are truthful and not misleading.

Any content posted to any forum, chatroom, or other interactive area of the Site by any user shall be treated as public, rather than private, communication. PTAL is not responsible for and does not endorse any user-generated content posted to the Site. PTAL reserves the right, but not the obligation, to monitor, review, edit, remove, or reject any Submission or user-generated content at any time and for any reason, in PTAL's sole discretion.

Section 14. Subscriptions, Billing, Cancellation, and Refund Policy

14.1 Subscription and Payment

Access to certain Services requires a paid subscription. By subscribing to any PTAL Service, you: (a) authorize PTAL or its designated payment processor to charge your designated payment method for the applicable subscription fee on a recurring basis, in the amount and at the frequency set forth in your subscription plan, until such subscription is cancelled in accordance with this Section; and (b) represent and warrant that you are the authorized user of the payment method provided.

All fees are denominated and payable in United States dollars. You are responsible for all applicable taxes, charges, and fees associated with your subscription. PTAL uses third-party payment processors to facilitate payment transactions; by providing your payment information, you also agree to the applicable terms and conditions of such payment processors. PTAL does not store your full payment card information.

14.2 Pricing Modifications

PTAL reserves the right to modify its subscription pricing, fees, and billing terms at any time upon reasonable advance notice to active subscribers (which may be provided via email or by posting to the Site). Your continued use of the Services after the effective date of any price change constitutes your affirmative acceptance of the modified pricing.

14.3 Cancellation

You may cancel your subscription at any time by following the cancellation instructions provided on the Site or by contacting PTAL using the contact information set forth in Section 38 of these Terms. Cancellation will take effect at the end of your then-current billing period, and you will retain access to the Services through the end of that period. No partial refunds will be provided for unused portions of any subscription period, except as expressly required by applicable law or as set forth in PTAL's Refund Policy.

14.4 Refund Policy

PTAL's Refund Policy is incorporated herein by reference and is available on the Site. PTAL reserves the right to modify the Refund Policy at any time. In the event of any conflict between the Refund Policy and these Terms with respect to refund matters, the Refund Policy shall control.

Section 15. Testimonials, Reviews, and Endorsements

Any testimonials, endorsements, reviews, case studies, performance claims, or descriptions of results portrayed on the Site, in PTAL's newsletter, or in any other PTAL communication represent exceptional outcomes achieved by individual users under particular circumstances and are not representative of the typical or expected experience of PTAL subscribers. PTAL does not guarantee that any subscriber or user will achieve the same or similar results.

Pursuant to the FTC's Guides Concerning Endorsements and Testimonials, 16 C.F.R. Part 255, all material connections between PTAL and any endorser or testimonial provider, and any compensation provided in exchange for an endorsement or testimonial, shall be disclosed as required by applicable FTC guidance. PTAL reserves the right to correct grammatical or typographical errors in, shorten, edit, or decline to publish any Submission, testimonial, or review, in PTAL's sole discretion.

Section 16. Third-Party Websites, Links, and Services

The Site may contain hyperlinks to third-party websites, resources, advertisers, products, or services that are not owned, operated, or controlled by PTAL. Such links are provided solely as a convenience to users and do not constitute or imply any endorsement, sponsorship, affiliation, or approval by PTAL of any third-party website or its content, products, services, or privacy practices, unless expressly stated otherwise by PTAL in writing.

PTAL has no control over and expressly disclaims all responsibility and liability for the content, accuracy, completeness, legality, availability, privacy practices, or any other aspect of any third-party website or resource. Your access to and use of any third-party website or resource is entirely at your own risk and subject to the terms and conditions and privacy policies of such third-party websites. You should independently review and evaluate all third-party websites, products, and services before engaging with them. Complaints, claims, or concerns regarding any third-party products or services should be directed to the applicable third party.

PTAL may receive compensation from third-party advertisers in connection with links to their websites or services. The existence of any such compensation relationship shall not affect PTAL's editorial independence or the objectivity of any Content.

Section 17. Modifications to the Site, Services, and These Terms

PTAL reserves the right, in its sole and absolute discretion and without prior notice or liability, to modify, update, revise, suspend, discontinue, or terminate all or any portion of the Site, Services, Content, features, or functionality at any time. PTAL does not commit to maintaining any particular feature, functionality, Content, or level of service availability.

PTAL further reserves the right to modify, amend, or replace any provision of these Terms at any time. The most current version of these Terms will be posted on the Site and will indicate the date of the most recent revision. It is your responsibility to review these Terms periodically for modifications. PTAL may, but is not obligated to, provide additional notice of material modifications via email to the address associated with your Account.

YOUR CONTINUED ACCESS TO OR USE OF THE SITE OR SERVICES FOLLOWING THE POSTING OF ANY MODIFICATION TO THESE TERMS SHALL CONSTITUTE YOUR IRREVOCABLE ACCEPTANCE OF THE MODIFIED TERMS. IF YOU DO NOT AGREE TO ANY MODIFICATION OF THESE TERMS, YOUR SOLE REMEDY IS TO IMMEDIATELY DISCONTINUE ALL USE OF THE SITE AND SERVICES AND, IF APPLICABLE, CANCEL YOUR SUBSCRIPTION IN ACCORDANCE WITH SECTION 14.

Section 18. Service Interruptions, Downtime, and Force Majeure

PTAL does not warrant or guarantee that the Site or Services will be available, uninterrupted, timely, secure, or error-free at all times. The Site or Services may be temporarily unavailable due to scheduled or unscheduled maintenance, upgrades, equipment failures, telecommunications outages, internet failures, acts of God, natural disasters, pandemics, cyberattacks, government orders, labor disputes, power failures, or any other cause beyond PTAL's reasonable control (collectively, "Force Majeure Events").

PTAL shall not be liable to you or to any third party for any interruption, suspension, or termination of the Site or Services, or for any loss or damage of any kind arising from any Force Majeure Event or any other event outside of PTAL's reasonable control. In the event of a Force Majeure Event, PTAL's obligations under this Agreement shall be excused and suspended for the duration of such event.

Section 19. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND SERVICES, INCLUDING ALL CONTENT, MATERIALS, INFORMATION, TOOLS, AND FEATURES THEREIN, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATION, WARRANTY, OR CONDITION OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. PTAL AND ALL PTAL PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE, SERVICES, AND ALL CONTENT, INCLUDING WITHOUT LIMITATION:

Any implied warranty of merchantability, fitness for a particular purpose, title, or non-infringement;
Any warranty that the Site or Services will meet your requirements or expectations;
Any warranty that the Site or Services will be available, uninterrupted, timely, secure, or error-free;
Any warranty regarding the accuracy, reliability, completeness, currentness, or usefulness of any Content;
Any warranty that any errors or defects in the Site or Services will be corrected;
Any warranty that the Site or its servers are free of viruses, malware, ransomware, or other harmful or disruptive components; or
Any warranty with respect to any investment results, trading outcomes, or financial returns.

PTAL SPECIFICALLY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACCURACY OR COMPLETENESS OF ANY INFORMATION OR OPINION FOUND ON THE SITE OR IN ANY NEWSLETTER OR OTHER COMMUNICATION FROM PTAL. USE OF THE SITE AND SERVICES IS ENTIRELY AT YOUR OWN RISK. ALL INFORMATION OBTAINED THROUGH PTAL IS PROVIDED FOR GENERAL INFORMATIONAL PURPOSES ONLY AND IS NOT GUARANTEED AS TO ITS ACCURACY, COMPLETENESS, OR RESULTS.

Some jurisdictions do not permit the exclusion of certain implied warranties. In such jurisdictions, some of the above exclusions may not apply to you, and your legal rights may vary. In any such jurisdiction, PTAL's warranties shall be limited to the minimum extent required by applicable law.

Section 20. Limitation of Liability and Damages Cap

20.1 Exclusion of Consequential and Other Damages

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PTAL OR ANY PTAL PARTY BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION: (A) LOSS OF PROFITS OR ANTICIPATED PROFITS; (B) LOSS OF REVENUE; (C) LOSS OF DATA, BUSINESS, OR GOODWILL; (D) COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (E) PERSONAL INJURY OR PROPERTY DAMAGE; (F) LOSS OF USE; OR (G) ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY KIND, ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT, THE PRIVACY POLICY, THE SITE, THE SERVICES, OR YOUR USE OF OR INABILITY TO USE THE SITE OR SERVICES, REGARDLESS OF THE CAUSE OF ACTION OR THE THEORY OF LIABILITY ASSERTED (INCLUDING CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, BREACH OF WARRANTY, OR OTHERWISE), AND REGARDLESS OF WHETHER PTAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

20.2 Aggregate Damages Cap

To the fullest extent permitted by applicable law, in the event that PTAL is found liable under any theory of liability notwithstanding the limitations and exclusions set forth in this Section 20, the total aggregate liability of PTAL and all PTAL Parties to you for all claims arising out of or related to this Agreement, the Site, or the Services — regardless of the form of action and whether in contract, tort, negligence, strict liability, breach of warranty, or otherwise — shall be strictly limited to, and shall not exceed, the greater of: (a) the total amount of subscription fees actually paid by you to PTAL in the twelve (12) calendar months immediately preceding the date on which the claim first arose; or (b) fifty United States dollars (USD $50.00). This liquidated damages cap is intended to limit the uncertainty inherent in litigation and arbitration arising from investment-related activities, taking into account the particular circumstances of investors and the speculative nature of all investment activities.

THIS LIMITATION OF LIABILITY SHALL APPLY TO ALL CLAIMS, COLLECTIVELY AND IN THE AGGREGATE, REGARDLESS OF THE NUMBER OF CLAIMS ASSERTED OR THE THEORIES OF RECOVERY ADVANCED, AND REGARDLESS OF WHETHER PTAL WAS AWARE OF OR ADVISED IN ADVANCE OF THE POSSIBILITY OF ANY DAMAGES OR CLAIMS. THIS LIMITATION OF LIABILITY IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND PTAL, AND PTAL WOULD NOT PROVIDE THE SITE OR SERVICES TO YOU WITHOUT THESE LIMITATIONS.

20.3 Survival of Limitations

The exclusions of liability and limitations of damages set forth in this Section 20 shall apply to the fullest extent permitted by applicable law and shall survive any failure of essential purpose of any limited remedy, and shall apply whether or not PTAL was advised of the possibility of any damages. Some jurisdictions do not permit the limitation or exclusion of liability for incidental or consequential damages; accordingly, some of the limitations set forth above may not apply to you.

Section 21. Dispute Resolution — Mandatory Binding Arbitration and Class Action Waiver

PLEASE READ THIS SECTION 21 WITH EXTREME CARE. IT PROFOUNDLY AFFECTS YOUR LEGAL RIGHTS. IT REQUIRES YOU TO RESOLVE VIRTUALLY ALL DISPUTES WITH PTAL THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. IT WAIVES YOUR RIGHT TO A JURY TRIAL AND YOUR RIGHT TO PARTICIPATE IN ANY CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING. PLEASE REVIEW THIS SECTION CAREFULLY.

21.1 Mandatory Pre-Arbitration Notice and Informal Resolution

Before initiating any formal arbitration proceeding, the party intending to seek arbitration ("Claimant") shall first provide written notice of the Dispute to the other party ("Notice of Dispute") by certified mail, return receipt requested. The Notice of Dispute must: (a) clearly identify and describe, in sufficient detail, the nature and factual and legal basis of the Dispute; (b) set forth the specific relief or remedy sought, including the dollar amount of any monetary claim; and (c) in the case of a Notice of Dispute directed to PTAL, be sent to the address set forth in Section 38 of these Terms.

Upon receipt of a Notice of Dispute, the parties agree to negotiate in good faith to resolve the Dispute for a period of sixty (60) calendar days (the "Informal Resolution Period"). During the Informal Resolution Period, the amount of any settlement offer made by either party shall remain confidential and shall not be disclosed to any arbitrator until after the arbitrator has issued a final award, if any. If the Dispute is not resolved within the Informal Resolution Period, either party may commence arbitration in accordance with this Section 21.

21.2 Mandatory Binding Arbitration

By using or accessing the PTAL website, newsletter, or Services in any manner, you irrevocably agree that any and all Disputes between you and PTAL that are not resolved through the informal resolution process set forth in Section 21.1 — including without limitation any Dispute arising out of or relating to this Agreement, the Privacy Policy, the Site, the Services, any Content, any transaction with PTAL, or the breach, termination, enforcement, interpretation, or validity of this Agreement — shall be submitted to and resolved exclusively through binding, final, and confidential individual arbitration before a single, neutral arbitrator, rather than in any court of law, except as expressly provided in Section 21.6 below.

This arbitration agreement is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1–16 ("FAA"), and evidences a transaction involving interstate commerce. This arbitration agreement shall be interpreted and enforced in accordance with the FAA to the fullest extent possible, notwithstanding any provision of the substantive law of the State of Michigan or any other jurisdiction to the contrary. The arbitrator shall have the exclusive and sole authority to determine whether a Dispute is arbitrable.

21.3 Arbitration Venue, Rules, and Procedure

All arbitration proceedings shall be conducted in the State of Michigan, United States of America, which the parties agree is the sole and exclusive proper venue for arbitration of any Dispute between them, unless the parties mutually agree in writing to conduct arbitration by telephone, video conference, or document submission.

Arbitration shall be administered by and conducted in accordance with the Consumer Arbitration Rules of the American Arbitration Association ("AAA") then in effect (available at www.adr.org), as modified by this Agreement. In the event of any conflict between the AAA Consumer Arbitration Rules and any provision of this Agreement, the terms of this Agreement shall control. The arbitrator shall be a licensed attorney or retired judge with experience in commercial or financial disputes, selected in accordance with the AAA's procedures.

The arbitrator shall apply the substantive law of the State of Michigan, consistent with the FAA and applicable statutes of limitations, to all Disputes. The arbitrator is authorized to award all legal and equitable remedies available under applicable substantive law to an individual claimant in an individual lawsuit, including without limitation compensatory damages, statutory damages, punitive damages (to the extent available under applicable law), injunctive relief, and declaratory relief. The arbitrator shall issue a reasoned written decision sufficient to explain the essential factual and legal basis for the award. Judgment on any arbitration award may be entered and enforced in any court of competent jurisdiction.

All aspects of the arbitration proceeding, including the filing of the arbitration demand, any documents exchanged or produced, any briefs or other submissions, any hearing, and the arbitral award, shall be kept strictly confidential by both parties and shall not be disclosed to any third party, except to the extent necessary to enforce the arbitral award, to prepare for or conduct the arbitration, or as required by applicable law or court order.

21.4 Class Action, Collective Action, and Representative Action Waiver

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND PTAL EACH IRREVOCABLY WAIVE ANY RIGHT TO BRING, JOIN, OR PARTICIPATE IN ANY CLAIM OR DISPUTE AS A PLAINTIFF, CLAIMANT, CLASS MEMBER, OR CLASS REPRESENTATIVE IN ANY CLASS ACTION, COLLECTIVE ACTION, CONSOLIDATED ACTION, REPRESENTATIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR ANY OTHER PROCEEDING IN WHICH CLAIMS OF MORE THAN ONE PERSON OR ENTITY ARE RESOLVED TOGETHER, WHETHER IN ARBITRATION OR IN COURT.

THE ARBITRATOR SHALL NOT HAVE ANY AUTHORITY OR JURISDICTION TO HEAR OR RESOLVE CLASS CLAIMS, TO CONSOLIDATE OR JOIN THE CLAIMS OF MORE THAN ONE PERSON OR ENTITY, OR TO OTHERWISE PRESIDE OVER ANY FORM OF CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR 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.

21.5 Attorneys' Fees and Costs; Fee-Shifting Provision

Payment of all arbitration filing fees, administrative fees, and arbitrator compensation shall be governed by the AAA Consumer Arbitration Rules, except as otherwise provided in this Section 21.5. In the event that any subscriber, user, or other claimant files suit in any court or initiates an arbitration proceeding against PTAL in connection with any Dispute, and PTAL prevails in such suit or arbitration proceeding (including any appeals therefrom), the claimant agrees to pay all reasonable attorneys' fees, costs, and expenses incurred by PTAL in defending such suit or arbitration proceeding, at all levels of proceedings.

For purposes of this Section 21.5, "prevails" means that the claimant obtains a final award or judgment of less than the greater of: (i) an amount equal to ten percent (10%) above the total subscription fees actually paid by the claimant to PTAL; or (ii) ten thousand United States dollars (USD $10,000.00) per individual claimant. This fee-shifting provision is intended to deter frivolous claims and to compensate PTAL for the costs of defending claims where the claimant has failed to achieve a meaningful recovery relative to PTAL's costs of defense.

21.6 Exceptions to Mandatory Arbitration

Notwithstanding the foregoing, either party shall retain the right to seek injunctive or other provisional equitable relief from any court of competent jurisdiction, without waiving the right to arbitrate the underlying Dispute, solely for the purpose of: (a) restraining or preventing any actual or threatened infringement, misappropriation, or violation of any intellectual property right, trade secret, or proprietary right; (b) preventing or remedying any irreparable harm for which monetary damages would be an inadequate remedy; or (c) otherwise preserving the status quo pending resolution of the Dispute through arbitration. Additionally, either party may assert individual claims in a small claims court of competent jurisdiction, provided that such claims qualify for small claims court under applicable law and remain in such court and are not removed or appealed to a court of general jurisdiction.

21.7 Severability of Arbitration Provisions

If any portion of this Section 21 is found by a court of competent jurisdiction or by an arbitrator to be invalid or unenforceable, such portion shall be severed and the remainder of this Section 21 shall remain in full force and effect, except that: if the class action waiver set forth in Section 21.4 is found to be invalid or unenforceable with respect to any particular claim or remedy, then that particular claim or remedy (and only that claim or remedy) shall be excluded from arbitration and may be brought in a court of competent jurisdiction, with all other claims remaining subject to mandatory arbitration.

Section 22. Indemnification

To the fullest extent permitted by applicable law, you agree to defend, indemnify, protect, and hold harmless PTAL and all PTAL Parties from and against any and all third-party claims, actions, suits, proceedings, investigations, demands, losses, liabilities, damages, costs, and expenses of any kind (including, without limitation, reasonable attorneys' fees and costs at all levels of proceedings, including appellate proceedings) arising out of, resulting from, or in any way related to:

Your breach or alleged breach of any representation, warranty, covenant, or obligation set forth in this Agreement;
Your violation or alleged violation of any applicable law, rule, regulation, or ordinance;
Your access to, use, or misuse of the Site, Services, or any Content;
Any Submission or other content you provide to PTAL or post to the Site;
Your violation or infringement of any intellectual property right, privacy right, or other proprietary right of any third party;
Any dispute or claim between you and any other user of the Site or Services; or
Your reliance upon, publication, communication, or distribution of any information or materials obtained through the Site or Services.

PTAL reserves the right, at its sole expense and at any time, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate fully with PTAL in asserting any available defenses and to take no action that would compromise PTAL's defense of any such matter. You agree not to settle any such matter without the prior written consent of PTAL.

Section 23. Governing Law

This Agreement, and all Disputes arising out of or related to this Agreement, the Site, or the Services — including all questions of contract formation, validity, interpretation, breach, and enforceability — shall be governed by and construed and enforced in accordance with the laws of the State of Michigan, United States of America, without regard to its conflict of laws principles. This Agreement shall be construed under Michigan law so as to be valid and effective to the greatest extent possible. If any provision of this Agreement is found to be invalid or unenforceable under Michigan law, it shall be severed pursuant to Section 32 hereof.

This Agreement shall be interpreted in a manner so as to be valid to the greatest extent possible. To the extent any provision conflicts with applicable law, the provision shall be modified only to the extent necessary to bring it into compliance with such law, and the remaining provisions shall continue in full force and effect.

Section 24. Geographic Restrictions — United States Users Only

The Site and Services are intended solely for individuals and entities located in and residing within the United States of America. The information and Content provided through the Site and Services have not been prepared or approved for distribution or use in any jurisdiction outside of the United States where such distribution or use would be contrary to applicable law or regulation, or where PTAL is not authorized to provide such Services.

Persons located outside of the United States who choose to access the Site or Services do so entirely at their own initiative and at their own risk, and are solely responsible for compliance with all applicable local, national, and international laws, rules, and regulations, including without limitation applicable securities laws and regulations in their respective jurisdictions. PTAL makes no representation that the Site, Services, or Content is appropriate, legal, or available for use outside of the United States. PTAL reserves the right, in its sole discretion, to restrict access to the Site or Services from any geographic location or jurisdiction at any time.

Section 25. Statute of Limitations on Claims

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY CLAIM, CAUSE OF ACTION, OR DISPUTE THAT YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT, YOUR USE OF THE SITE OR SERVICES, OR ANY CONTENT PROVIDED BY PTAL MUST BE FILED WITHIN TWELVE (12) MONTHS AFTER THE DATE ON WHICH THE CLAIM FIRST AROSE OR YOU KNEW OR REASONABLY SHOULD HAVE KNOWN OF THE FACTS GIVING RISE TO THE CLAIM, WHICHEVER OCCURS EARLIER. ANY CLAIM, CAUSE OF ACTION, OR DISPUTE NOT FILED WITHIN THIS TWELVE-MONTH PERIOD SHALL BE FOREVER BARRED, WAIVED, AND EXTINGUISHED, AND YOU AGREE TO WAIVE ANY ARGUMENT THAT ANY LONGER STATUTE OF LIMITATIONS PERIOD SHOULD APPLY. This contractual limitations period applies in lieu of any otherwise applicable statute of limitations and constitutes a material bargained-for term of this Agreement.

Section 26. Copyright, Trademark, and DMCA Notice

26.1 Copyright and Trademark Ownership

All Content on the Site, including without limitation all text, graphics, photographs, images, video, audio, data, software, newsletters, analyses, compilations, and other works of authorship, is owned by or licensed to PTAL and is protected by the United States Copyright Act, 17 U.S.C. § 101 et seq., applicable state copyright laws, and international copyright treaties. All trademarks, service marks, trade names, trade dress, logos, and other distinctive indicia used on the Site are owned by or licensed to PTAL and are protected by applicable trademark laws. Unauthorized use of any PTAL trademark, service mark, or logo is expressly prohibited.

26.2 DMCA Notification Procedure

PTAL respects the intellectual property rights of others and expects users to do the same. If you believe in good faith that any Content on the Site infringes your copyright or other intellectual property right, please provide PTAL's designated agent with a written notice containing the following information, in accordance with the Digital Millennium Copyright Act, 17 U.S.C. § 512 ("DMCA"):

A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright or other right allegedly infringed;
Identification of the copyrighted work or other intellectual property claimed to have been infringed, or, if multiple works are covered by a single notification, a representative list of such works;
Identification of the material claimed to be infringing or to be the subject of infringing activity, and a description of where such material is located on the Site with sufficient specificity to allow PTAL to locate the material;
Your name, address, telephone number, and email address;
A statement that you have a good faith belief that the disputed use of the material is not authorized by the copyright or intellectual property owner, its agent, or applicable law; and
A statement, made under penalty of perjury under the laws of the United States, that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on behalf of the owner.

DMCA notices should be directed to PTAL using the contact information set forth in Section 38. Please be advised that, pursuant to 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material is infringing, or that material was removed by mistake, may be subject to liability.

Section 27. Electronic Communications and Signatures

By accessing the Site or using the Services, you consent to receive communications from PTAL in electronic form, including without limitation email communications, electronic notices, and postings on the Site. You agree that all agreements, notices, disclosures, and other communications that PTAL provides to you electronically satisfy any legal requirement that such communications be in writing, and shall have the same legal force, validity, and enforceability as if provided in paper form with a handwritten signature, to the fullest extent permitted by applicable law, including the E-SIGN Act, 15 U.S.C. § 7001 et seq., and applicable state electronic transactions law.

Your electronic acceptance of this Agreement, including by clicking any "I Agree," "Accept," or similar button, by completing any online registration form, or by otherwise affirmatively indicating your acceptance, constitutes your legally binding electronic signature and shall be treated with the same legal effect as a handwritten signature on a paper document. Electronic records of your acceptance of this Agreement will be maintained by PTAL and may be introduced as evidence in any arbitration or legal proceeding.

You further agree that all correspondence and documentation relating to this Agreement and your use of the Services will be in the English language.

Section 28. Minors

The Site and Services are not intended for, directed to, or designed to be used by persons under the age of eighteen (18), or the age of majority in the applicable jurisdiction if greater than eighteen (18) ("Minors"). PTAL does not knowingly collect personally identifiable information from Minors. If you are a Minor, you may not access or use the Site or Services under any circumstances. If PTAL discovers that it has inadvertently collected personal information from a Minor, PTAL will promptly delete such information. If you are the parent or legal guardian of a Minor and believe that your Minor child has accessed the Site or provided information to PTAL, please contact PTAL immediately using the contact information set forth in Section 38.

Section 29. Assignment

This Agreement and all rights and obligations hereunder are personal to you and may not be assigned, transferred, delegated, sublicensed, or otherwise disposed of by you, in whole or in part, whether voluntarily, involuntarily, by operation of law, or otherwise, without the prior express written consent of PTAL. Any purported assignment, transfer, or delegation in violation of this Section 29 shall be null and void ab initio and of no legal force or effect.

PTAL may freely assign, transfer, or delegate this Agreement, or any or all of its rights or obligations hereunder, to any third party without your consent or prior notice, including without limitation in connection with any merger, acquisition, reorganization, change of control, asset sale, or other business transaction. This Agreement shall be binding upon and inure to the benefit of PTAL's successors and assigns.

Section 30. No Third-Party Beneficiaries

Except as expressly set forth in this Agreement, this Agreement is for the sole and exclusive benefit of the parties hereto (i.e., you and PTAL) and does not and is not intended to confer any rights, benefits, remedies, or claims upon any other person or entity. No third party shall have any right to enforce any provision of this Agreement or to rely upon any representation or warranty made by PTAL herein.

Section 31. No Waiver

No failure or delay by PTAL in exercising any right, power, remedy, or privilege under this Agreement, and no single or partial exercise of any such right, power, remedy, or privilege, shall operate as a waiver thereof or preclude any further or other exercise of any such right, power, remedy, or privilege. No waiver by PTAL of any breach or default of any provision of this Agreement shall be deemed or construed to be a waiver of any preceding, concurrent, or subsequent breach or default, or a waiver of any other provision of this Agreement. All waivers must be in writing and signed by an authorized representative of PTAL to be effective.

Section 32. Severability

If any provision, clause, sentence, or portion of this Agreement is found by a court of competent jurisdiction or by an arbitrator to be invalid, illegal, void, or unenforceable under applicable law, such provision shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable, and if such modification is not possible, such provision shall be severed and deleted from this Agreement. Any such modification or severance shall not affect or invalidate the remaining provisions of this Agreement, which shall continue in full force and effect as if the invalid, illegal, or unenforceable provision had not been included. This Agreement shall be interpreted and construed so as to be valid and effective to the greatest extent possible under applicable law.

Section 33. Survival

The following provisions of this Agreement shall survive the expiration or termination of this Agreement (whether by cancellation, termination, or otherwise) for any reason and shall remain in full force and effect indefinitely thereafter: Section 1 (Definitions); Section 6 (Financial and Investment Disclaimer); Section 7 (Not an Investment Adviser); Section 8 (Hypothetical Performance and Forward-Looking Statements); Section 9 (Conflicts of Interest); Section 11 (Intellectual Property); Section 13 (User-Generated Content); Section 19 (Disclaimer of Warranties); Section 20 (Limitation of Liability); Section 21 (Dispute Resolution and Arbitration); Section 22 (Indemnification); Section 23 (Governing Law); Section 25 (Statute of Limitations); Section 26 (Copyright and DMCA); Section 30 (No Third-Party Beneficiaries); Section 32 (Severability); this Section 33 (Survival); Section 34 (Relationship of the Parties); and Section 37 (Entire Agreement).

Section 34. Relationship of the Parties

Nothing in this Agreement shall be deemed to create, or shall be construed as creating, any employment relationship, partnership, joint venture, agency, franchise, fiduciary relationship, or other business association between you and PTAL. You and PTAL are, at all times, independent parties. You have no authority to bind PTAL to any obligation or agreement, and PTAL has no authority to bind you to any obligation other than as set forth in this Agreement. You are not and shall not be deemed an employee, agent, partner, joint venturer, or representative of PTAL for any purpose.

Section 35. Notices

All formal legal notices required or permitted under this Agreement shall be in writing and shall be deemed delivered and effective: (a) when delivered personally; (b) one (1) business day after being deposited with a nationally recognized overnight courier service with tracking confirmation; (c) three (3) business days after being sent by United States certified mail, return receipt requested, postage prepaid; or (d) when sent by email, upon confirmation of receipt by the receiving party (provided that electronic notice shall not be sufficient for any notice of a legal claim, arbitration demand, or litigation).

Notices to PTAL shall be addressed to PTAL at the address set forth in Section 38 of these Terms, or such other address as PTAL may designate by written notice. Notices to you shall be directed to the email address or mailing address associated with your Account. You are responsible for keeping your contact information current and accurate in your Account settings.

Section 36. Headings; Construction

The section and subsection headings contained in this Agreement are for reference and convenience purposes only and shall not affect the interpretation or construction of any provision of this Agreement. This Agreement has been jointly negotiated and drafted by the parties and shall not be construed more strictly against either party as the drafter. The word "including" (and its grammatical variants) shall mean "including without limitation" in each instance. The word "shall" imposes a mandatory obligation; the word "may" imposes a permissive right or authority. References to any statute or regulation include all amendments thereto and successor provisions.

Section 37. Entire Agreement

This Agreement, together with PTAL's Privacy Policy and any other policies, rules, or guidelines expressly incorporated herein by reference, constitutes the entire agreement between you and PTAL with respect to the subject matter hereof, and supersedes and replaces all prior and contemporaneous understandings, agreements, negotiations, representations, and warranties, whether written or oral, between the parties relating to such subject matter. No prior drafts of this Agreement shall be used in the interpretation or construction of any provision of this Agreement.

In the event of any conflict between these Terms and any other agreement, policy, or document between you and PTAL, these Terms shall control unless a separate written agreement executed by both parties expressly states that it supersedes these Terms with respect to a specific subject matter. Any ambiguities in the interpretation of this Agreement shall not be construed against either party as the drafter.

The provisions of this Agreement shall survive any termination or expiration thereof and shall continue to apply to all use of the Site and Services prior to such termination or expiration.

Section 38. Contact Information

For questions, concerns, formal notices, DMCA notices, or any correspondence regarding these Terms or the Services, please contact PTAL at:

Company: Precise Trading Analytics, LLC
Address: 7 W Square Lake Rd, Bloomfield Twp, MI 48302
Email: info@precisetradinganalytics.com
Website: www.precisetradinganalytics.com
Governing Law: State of Michigan, United States of America

THE USE OF THE PTAL WEBSITE, NEWSLETTER, OR OTHER SERVICES IS FOR INFORMATIONAL PURPOSES ONLY.

CONSULT WITH A QUALIFIED LICENSED PROFESSIONAL AND CONDUCT YOUR OWN INDEPENDENT DUE DILIGENCE BEFORE MAKING ANY INVESTMENT DECISION.

By continuing to use this Site or Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions in their entirety.