TERMS AND CONDITIONS

Welcome to your Trading Academy education portal. Please be aware that in using the Trading Academy and accessing the content available in it, you are responsible for your actions and your choices.

The following terms and conditions (referred to as “Terms”) constitute a legal agreement between you as the user (“You” or “Student”) and Newport Exchange Holdings, Inc., a California Corporation doing business as (or in some jurisdictions “trading as”) the Trading Academy (“We” or “Us”), as the provider of the Trading Academy, for use of the Trading Academy as described below.

“Trading Academy” refers to the content, products, and services that can be accessed at https://www.tradingacademy.com (the main portal of the Trading Academy and your customized account pages) and any other websites which we may own and provide access to in the future. Further details of the Trading Academy and services are set out below.

“Related Persons” means the Trading Academy’s officers, directors, managers, employees, and agents, as well as the Trading Academy’s subsidiaries, affiliates, and franchisees, and their respective officers, directors, managers, employees, and agents.

“Students” means the Trading Academy’s valued customers who have entered agreements whereby they are eligible to consume Trading Academy Services.

PLEASE READ THESE TERMS CAREFULLY BEFORE YOU START TO USE THE TRADING ACADEMY AND ANY PRODUCTS AND SERVICES AVAILABLE THROUGH IT (“THE TRADING ACADEMY SERVICES”), AS THESE TERMS WILL APPLY TO BOTH YOUR USE OF THE TRADING ACADEMY AND THE TRADING ACADEMY SERVICES.

BY USING THE TRADING ACADEMY AND/OR THE TRADING ACADEMY SERVICES, YOU ARE ACKNOWLEDGING THAT YOU HAVE READ AND UNDERSTAND THESE TERMS (INCLUDING THE DOCUMENTS REFERRED TO IN THEM) AND THAT YOU AGREE TO BE BOUND BY THESE TERMS.

IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU SHOULD PROMPTLY LEAVE THIS PAGE WITHOUT ACCESSING OR USING ANY OF THE TRADING ACADEMY SERVICES.

WE RECOMMEND THAT YOU PRINT A COPY OF THESE TERMS FOR FUTURE REFERENCE.

WE MAY REVISE THESE TERMS FROM TIME TO TIME BY AMENDING THESE PAGES WITHOUT PRIOR NOTICE TO YOU. PLEASE CHECK THESE PAGES FROM TIME TO TIME TO SEE IF ANY CHANGES HAVE BEEN MADE, AS THEY WILL BE BINDING ON YOU IF YOU CONTINUE TO USE AND ACCESS THE TRADING ACADEMY AND THE TRADING ACADEMY SERVICES.

Your continued use of the Trading Academy and the Trading Academy Services following the posting of any changes to these Terms constitutes Your acceptance of those changes, and You are responsible for reviewing those terms.

Some functionality, products, or services that become available in the Trading Academy and the Trading Academy Services may be subject to new terms and conditions, and if those new terms and conditions conflict with these Terms, the new terms and conditions will prevail.

These Terms are in addition to the terms of Your Enrollment Agreement if You have entered into one.

TRADING ACADEMY AND TRADING ACADEMY SERVICES

The Trading Academy may provide access to the following websites: https://www.tradingacademy.com (the main portal of the Trading Academy and your customized account pages) and https://clik.tradingacademy.com (CliK), and other websites providing access to various products and services which We may offer in the future.

Your level of access to the Trading Academy and the products and services available through it will be determined by the specific products and services you have paid for.

The products and services accessible through the Trading Academy encompass, but are not limited to, online educational products such as live and recorded online educational sessions, on-demand video content, and a variety of external and proprietary tools and resources (“Products and Services”).

Collectively, the Trading Academy and the Products and Services, including all future Products and Services accessible through the Trading Academy, are referred to as the “Trading Academy Services.”

USE OF TRADING ACADEMY AND TRADING ACADEMY SERVICES

Whenever you access, view, use, and/or participate in the Trading Academy Services, you agree to abide by the following terms:

Your Account

You are responsible for maintaining the confidentiality of your login details and your password. You agree not to share them with any other person and accept full responsibility for all activities conducted using your login/account or password.

This is a Community of Individual Traders

• The Trading Academy Services are intended for use by adult individuals. When you access any part of the Trading Academy Services, you affirm that you are an individual person who is at least eighteen (18) years old, and you have read, understood, and agreed to be bound by all of these terms and conditions, as amended from time to time. If you are under the age of eighteen (18) years old, a Minor Release Form will need to be completed and signed by your parent or legal guardian.

• If you do not agree, you must discontinue using the Trading Academy Services and exit the Trading Academy.

• As a member of the Trading Academy, you are eligible to register and participate as a member of our community of traders. You agree to:

  (a) Provide accurate, current, and complete Trader ID;

  (b) Maintain the security of your password and user name;

  (c) Keep your Trader ID updated, accurate, and complete; and (d) Assume personal responsibility for all use of your account and for any actions that occur using your account.

• The Trading Academy is designed for individuals. If you are entering into these Terms on behalf of a company, partnership, or another legal entity, you represent that you have the authority to bind that legal entity to these terms and that your participation in the Trading Academy and Trading Academy Services is not for commercial gain. Refer to the Rules of Use below.

• To ensure that all our Students enjoy the highest quality of experience within the Trading Academy and Trading Academy Services, we retain the right to suspend any person’s participation in the Trading Academy and Trading Academy Services at any time for any reason within our sole discretion.

Rules of Use

To maintain maximum effectiveness and mutual respect for all members within the Trading Academy, all users of the Trading Academy Services agree not to:

1. Post or otherwise make available
   
   • Post or otherwise make available any content that a reasonable person might be expected to know would be regarded by Us or any other member of the Trading Academy as harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically, or otherwise objectionable.;
   • Engage in unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation or promoting any services or products or constituting an invitation or inducement to engage in any specific investment or investment activity.

   • Share private information of any third party, including addresses, phone numbers, email addresses, social media handles, Social Security numbers, and/or credit card numbers.

   • Post material that contains software viruses or any other malicious computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.

   • Share content that would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law.

   • Share information that you do not have the right to make available under any law, regulation, or under contractual or fiduciary relationships (such as inside information relating to any securities or other financial instruments or products, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements or any other similar undertaking).

2. User Actions and Behaviors for Trading Academy:
   

   • Impersonation and Misrepresentation: You shall not impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age, or your affiliation with any person or entity.

   • Unauthorized Account Usage: You shall not use or attempt to use another person’s account, service, or system without express authorization from Us, or create a false identity on the Trading Academy Services.

   • Forgery and Manipulation: You shall not forge headers or otherwise manipulate identifiers to disguise the origin of any information transmitted by you or anyone affiliated with you.

   • Unlawful or Disruptive Actions: You shall not use the Trading Academy Services in any unlawful manner or in any way that could damage, disable, overburden, or impair the Trading Academy Services or adversely affect its use by other community members or by Us.

3. The following actions are considered inappropriate and may result in the removal of offending material or termination of access to the Trading Academy. These actions include, but are not limited to: 
   

   • Selling Unlawful Products or Services: Using Trading Academy Services to sell any products or services that are unlawful in the location at which the content is posted, received, or accessed, or where the products or services are ordered or delivered.

   • Posting Inappropriate Content: Using Trading Academy Services to post any content that is obscene, lewd, lascivious, pornographic, contains nudity or sexual acts, is excessively violent, harassing, or otherwise objectionable.

   • Promoting Violence: Using Trading Academy Services to post any content that advocates, promotes, or otherwise encourages violence against governments, organizations, groups, or individuals or provides instruction, information, or assistance in causing or carrying out such violence.

   • Defaming or Damaging Reputation: Using Trading Academy Services to post content that holds Us (including our affiliates), employees, instructors, contractors, franchisees, or shareholders up to public scorn or ridicule or would in any way damage or impair our reputation or goodwill. (We are not required to publish or host any such content.)

   • Intellectual Property Violations: Using Trading Academy Services to post content that violates any copyrights, patents, trademarks, trade secrets, or other intellectual property rights of others.

   • Compliance with Copyright Laws: Failing to obtain all required permissions when using Trading Academy Services to receive, upload, download, display, distribute, or execute programs or perform other works protected by intellectual property laws, including copyright and patent laws.

   • Tampering with Copyright Notices: Deleting or altering author attributes, copyright notices, or other copyright management information, unless expressly permitted in writing by the author or owner.

   • Tortious Behavior: Using Trading Academy Services in a tortious manner, including posting libelous, defamatory, scandalous, threatening, harassing, or private information without the permission of the person(s) involved or posting content that is likely to cause emotional distress.

   • Introduction of Harmful Code: Introducing viruses, worms, Trojan horses, malware, or other harmful code on the website in the Trading Academy Services or via the Internet.

My Trading Academy Rules

Users of the Trading Academy agree to adhere to the following rules and guidelines:

1. RULE #1: APPLY THE GOLDEN RULE

Treat others how you would like to be treated.

2. RULE #2: NEVER FORGET RULE #1

Always remember what that means.

In the Trading Academy, users are expected to maintain honesty, respect, a sense of humor, and refrain from rudeness and the use of offensive language.

Posts and shared input should be positive and instructive. Users are encouraged to share ideas, valuable information, successes, good trades, and even mistakes as illustrations to assist others.

The Trading Academy and the Trading Academy Services should not be used for inappropriate ideas, personal political opinions, or other content unrelated to trading.

Users are encouraged to listen and respond with civility rather than “shouting,” which includes avoiding excessive use of capital letters, exclamation marks, or any other behavior that disrupts the community’s decorum. The Trading Academy is intended to be a safe space where users can learn and interact with dignity and class. Users are trusted to be leaders in maintaining this environment.

Mastermind Clubhouse

1. The Mastermind Clubhouse was established to provide a community space for students to share ideas and experiences with each other. The opinions, interpretations, and contributions in the Clubhouse belong solely to the individuals offering them, and they do not represent Trading Academy opinions or official curriculum. Participation in the Clubhouse is voluntary, and no person may provide financial or trading advice in Clubhouse sessions. All participation or actions taken based on information received in the Clubhouse are at your own risk.

2. The Mastermind Clubhouse is designed to be a safe, positive, and educational community where members express themselves constructively with care and respect for every member and for the Trading Academy.

3. Any actions or words considered inappropriate may result in the instigating party being respectfully asked to cease immediately and potentially be removed from the Clubhouse.

Access to Trading Academy and Disclaimer of Liability for Your Use

1. Subject to your acceptance and compliance with the Terms we grant you a limited, revocable, personal, non-transferable, and non-exclusive right or license to access and use the Trading Academy and the Trading Academy Services for your own personal use. This license does not permit you to collect, aggregate, copy, duplicate, display, or make derivative use of the Trading Academy and/or the Trading Academy Services or any content derived from it for any other purpose. You are expressly prohibited from using data mining, robots, spiders, or similar data gathering and extraction tools in the Trading Academy and/or the Trading Academy Services for any purpose. A limited exception is provided for general-purpose internet search engines and non-commercial public archives that use such tools to gather information solely for the purpose of displaying hyperlinks to the Trading Academy and/or the Trading Academy Services. If you believe you have a legitimate reason for collecting, aggregating, copying, duplicating, displaying, or making derivative use of the Trading Academy and/or the Trading Academy Services, please send an email with your full name, address, contact details, and a clear statement of your purpose to [email protected] to request written permission, which may be granted or denied at our sole discretion.

2. The Trading Academy and/or the Trading Academy Services may be temporarily unavailable for maintenance or other reasons. We are not responsible for any unavailability of the Trading Academy and the Trading Academy Services and shall not be liable for any errors, omissions, interruptions, deletions, defects, delays in operation or transmission, communications line failures, theft, destruction, unauthorized access, or alteration of the Trading Academy and/or the Trading Academy Services.

3. We are also not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, or software due to technical problems or internet traffic congestion or any issues related to the Trading Academy and/or the Trading Academy Services or any combination of such problems. This includes any injury or damage to you, your computer, mobile phone, or other hardware or software, related to or resulting from using or downloading content in connection with the Trading Academy, any linked websites, and/or the Trading Academy Services.

4. Under no circumstances will We be responsible for any loss or damage, including any loss or damage to any content or personal injury or death, resulting from anyone’s use of the Trading Academy and/or the Trading Academy Services or any content posted on the Trading Academy and/or the Trading Academy Services or transmitted to or by users, or any interactions between users, whether online or offline. If you are in the United Kingdom, this clause is amended to state that We do not exclude responsibility for death or personal injury caused by our or our Related Persons’ injury to you, and nothing in these terms is intended to exclude our responsibility for fraud, fraudulent misrepresentation, willful misconduct, or any other matter that cannot be limited or excluded by law in the jurisdiction in which you are based.

MY TRADING ACADEMY CONTENT

User Content:

You understand that all postings, blogs, messages, text, images, videos, or other materials (“Content”) posted or published on, uploaded to, transmitted through, or linked from the Trading Academy by users of the Trading Academy Services (“Users” or “members”) are the sole responsibility of the person from whom such Content originated. Furthermore, you hereby grant to Us and Related Persons a perpetual license (with a right to sublicense) to use, publish, and re-publish anything that you post, blog, message, text, upload, or otherwise make accessible in the Trading Academy or through the Trading Academy Services without payment to you of any kind for any purpose, including, without limitation, advertising, marketing, publicity, or training purposes. Although we provide rules for User conduct, We and our Related Persons do not control, and are not responsible for, Content made available through the Trading Academy by other Users. You acknowledge and agree that by using the Trading Academy Services, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. While we may monitor the Trading Academy from time to time and remove any Content that We believe to be inappropriate or misleading, or which may be brought to our attention by other users as being inappropriate or misleading, we are not responsible for the conduct, whether online or offline, of any User.

Other Website Content:

The Trading Academy and the Trading Academy Services and the Content they contain may contain links to other completely independent websites. We have no control over the content of those links. It is your choice to follow any links to other websites, and you do so at your own risk. We make no representation or warranty as to the legitimacy, accuracy, completeness, or authenticity of the information contained in any such linked site or as to the linked site itself.

You agree that you must evaluate and bear all risks associated with the use of any Content, that you may not rely on said Content, and that under no circumstances will We or our Related Persons be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted or otherwise made available in the Trading Academy and/or the Trading Academy Services.

Your Content:

You are solely responsible for any and all Content that you post in the Trading Academy and/or the Trading Academy Services or transmit to or share with other Users (“Your Content”).

You may not post or share Your Content if it is not original to you or if you do not have permission to post or share it. You acknowledge that We do not pre-screen or approve Your Content, but that We shall have the absolute right (but not the obligation) in our sole discretion to review Your Content and to refuse, delete, or remove any of Your Content from the Trading Academy and/or the Trading Academy Services and from any other destination that is available via the Trading Academy.

You are solely responsible at your own cost and expense for creating backup copies and replacing any of Your Content which you post or store in the Trading Academy and/or the Trading Academy Services or otherwise provide to Us or other Users.

In that regard, you agree to indemnify and hold Us and our Related Persons harmless from any claims of infringement or unauthorized use brought by any third party against Us or any of our Related Persons as a result of Your Content or Your conduct.

Our Content:

We and our Related Persons may provide information, messages, text, images, videos, or other materials in the Trading Academy and/or the Trading Academy Services in the form of blog posts, forum posts, trade ideas/set-ups, streaming classes, access to Trading Academy Picks, Supply and Demand Zones, Market Screener, XLTs, Online Live Classes, and other paid courses, services, and other media (“Our Content”).

Our Content is made available for EDUCATIONAL PURPOSES ONLY.

We and our Related Persons: (i) do not advocate or solicit the buying, selling, or holding of any investment, the use of any investment choosing methodology, the use of any particular financial tools or a particular trading platform, or the use of any particular financial planner or adviser, advisor, or broker-dealer, and (ii) may, from time to time, express personal opinions; however, none are authorized to represent these opinions as those of Us or our Related Persons, nor will We or they assume any responsibility for your actions.

None of Our Content is intended as an invitation or inducement to engage in an investment activity or as the issuance of a financial promotion in relation to any security or investment.

Your Content and our Non-Exclusive Rights to Use Your Content:

When you post Your Content in the Trading Academy and/or in the Trading Academy Services, you authorize and direct Us and our Related Persons to make any copies of Your Content as We require to post and store Your Content in the Trading Academy and/or the Trading Academy Services.

By posting Your Content in the Trading Academy and/or in the Trading Academy Services, you represent and warrant that you have the right to do so, and you grant us a free, never-ending, irreversible, non-exclusive, transferable, worldwide license to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), sublicense, and distribute Your Content for any purpose, commercial, advertising, marketing, promotional, educational, or otherwise.

The right to use Your Content that you grant to Us as set out above also includes the right to prepare derivative works or incorporate Your Content into other works and to grant and authorize sublicenses of any derivative works.

Virtual Online Sessions:

All live online sessions, including all interactions that occur during a session (such as comments posted in the chat module and any other Content posted) will be recorded and may be made available for viewing in the Trading Academy on demand (at Trading Academy’s exclusive discretion) by other students at any time, or otherwise used by Us or our Related Persons for other training purposes. You acknowledge that you may not record any online delivery of the Service or its Education whether delivered Online or On-Demand. Additionally, excerpts and screenshots from such recording may be used by Us and our Related Persons in case studies and for advertising, marketing, and publicity purposes. If you do not wish your participation to be recorded or potentially seen by others, please do not attend any live online session or post any Content during a live session.

Student Community Support Access, Notifications and Messages

You acknowledge and consent to our use of your contact information, as you may provide to Us and update from time to time. We and our Related Persons will use it to contact you, to provide you with the Trading Academy, to customize your Trading Academy profile, and to assist Us in our aim to bring you the most effective Trading Academy experience. Our administrators, enrollment specialists, customer support personnel, student support managers, and instructors may view your Trading Academy profile and may follow your use of the Trading Academy and our websites. We are committed to your educational experience and to providing excellent student support, and you consent to receive encouragement to actively participate in the Trading Academy and to use the products and services which you have acquired. You consent to receiving these messages and notifications via the Trading Academy, direct mail, email, text messages, or by telephone. You also consent to receive student offers, event information, and advertising through the Trading Academy, direct mail, email, text messages, or by telephone.

You consent as follows: By accepting these Terms, you hereby opt in to the use of your email address for both transactional and marketing materials and the use of your cell phone number for calls and texts by Us or our Related Persons and other carefully selected third parties. You understand that you may opt out from receiving direct marketing by email and telephone at any time by notifying [email protected] or providing an opt-out notice to your enrollment specialist, student support, or center administrator. You expressly authorize Us or our Related Parties to call you or send you recorded messages, notifications, or texts about products using automated technology to your telephone/cellular number you have provided in your enrollment agreement, as applicable and/or from time to time after enrollment. You understand that you are not required to give this consent to make any purchase of any products and services from Us or our Related Persons and/or other selected third parties.

You may manage and change your Communications preferences in the Trading Academy by clicking in the upper-right corner on the orange arrow next to your name and select “My Settings.” Under Settings, select “Manage Communication.”

For Users of the Trading Academy in the UK and in EU countries: By accepting these Terms, you agree to Trading Academy and its Related Persons using your personal information (including the Information and any sensitive personal information, as defined by EU Data Protection legislation, which you provide to Trading Academy) for the purposes of providing access to the Trading Academy. You acknowledge that your personal information may be transferred outside the European Economic Area where the data protection laws may not provide similar protections as they do within the EU. By accepting these Terms, you give your consent to such transfers.

RISK DISCLOSURE AND YOUR RESPONSIBILITY

YOU ACKNOWLEDGE AND AGREE THAT TRADING AND INVESTING ALWAYS INVOLVES HIGH LEVELS OF RISK, AND THAT ANY MONEY ALLOCATED TO TRADING AND INVESTING MAY BE LOST IN ITS ENTIRETY, AT ANY TIME.

YOU ACKNOWLEDGE AND AGREE THAT YOU ALONE ARE RESPONSIBLE FOR ANY TRADING OR INVESTING ACTIVITY THAT YOU MIGHT UNDERTAKE. TRADING PROCESSES AND EXPERIENCES (INCLUDING BUT NOT LIMITED TO CHOOSING AN INVESTMENT AND MAKING A TRADE) PRESENTED, DESCRIBED OR REPORTED ON TRADING ACADEMY SITE(S) ARE NOT A REPRESENTATION OR PREDICTION THAT ANY ACCOUNT WILL OR IS LIKELY TO ACHIEVE PROFITS OR LOSSES SIMILAR TO THOSE DISCUSSED, PRESENTED, DESCRIBED OR REPORTED ON TRADING ACADEMY SITE(S).

FUTURE RESULTS CAN BE DRAMATICALLY DIFFERENT FROM THE POSSIBILITIES THAT ARE PRESENTED ON TRADING ACADEMY SITE(S). PAST PERFORMANCE DOES NOT GUARANTEE FUTURE RESULTS. YOUR PARTICIPATION IN TRADING ACADEMY AND / OR IN ANY OF THE TRADING ACADEMY SERVICES CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF ALL THE ABOVE.

NOTE: CRYPTOCURRENCY CAN BE EXTREMELY RISKY. SEVERAL FEDERAL AGENCIES HAVE PUBLISHED ADVISORY DOCUMENTS SURROUNDING THE RISKS OF VIRTUAL CURRENCY. FOR MORE INFORMATION SEE, THE CFPB’S CONSUMER ADVISORY, THE CFTC’S CUSTOMER ADVISORY, THE SEC’S INVESTOR ALERT, AND FINRA’S INVESTOR ALERT.

Your attention is also drawn to the provisions of our Website Disclosure Policy, a copy of which is available at https://tradingacademy.com/Disclosure.

Trademarks and Intellectual Property Protection

1. Trading Academy, TradingAcademy.com, TradingAcademy.com, Extended Learning Track, XLT, StrategicTrader, Strategic Investor, Trading Academy Picks, and My Trading Academy™, and our domain names, and other graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks, or trade dress of our affiliates in the U.S. and other countries (“Our Intellectual Property”). You may not use any of Our Intellectual Property or any part of Our Intellectual Property in any of Your domain names or in connection with any of Your websites, Facebook, LinkedIn, Twitter, YouTube, Instagram, or other social media pages, products, or services in any manner. You acknowledge that using any of Our Intellectual Property inappropriately and without our prior written consent is likely to cause confusion and violates the Rules of Use. You agree that You will not copy, imitate, or use the whole or any part of Our Intellectual Property without first asking for our written permission which We may withhold in our sole discretion. If you participate in private Trading Academy communities sanctioned by Trading Academy on Facebook, you may share Our Intellectual Property exclusively in the communities where Trading Academy has approved Your participation.

2. My Trading Academy and/or the My Trading Academy Services are protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through My Trading Academy and/or in the My Trading Academy Services is protected by copyright as a collective work and/or compilation, pursuant to copyright laws and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of any part thereof through My Trading Academy and/or in the My Trading Academy Services or the collective work, and/or copying or reproducing the Content or any portion thereof to any other server or location for other than Your direct personal use is prohibited without our prior written permission, which We may withhold in our sole discretion.

3. You represent, warrant, and agree that Your Content posted in My Trading Academy and/or in the My Trading Academy Services will not (a) violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights, or (b) be in violation of any law or used in furtherance of any such violation; or contain libelous, defamatory, or otherwise unlawful material. In that regard, You agree to indemnify and hold Us harmless from any claims of infringement, unauthorized use, or other claim brought by any third party against Us as a result of Your conduct.

4. You represent, warrant, and agree that Your Content posted in My Trading Academy and/or in the My Trading Academy Services will not (a) violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights, or (b) be in violation of any law or used in furtherance of any such violation; or contain libelous, defamatory, or otherwise unlawful material. In that regard, You agree to indemnify and hold Us harmless from any claims of infringement, unauthorized use, or other claim brought by any third party against Us as a result of Your conduct.Identify the Content in Trading Academy and/or in the Trading Academy Services that You claim is infringing, with enough detail so that We may locate it in Trading Academy and/or in the Trading Academy Services;

5. 1. Identify the Content in Trading Academy and/or in the Trading Academy Services that You claim is infringing, with enough detail so that We may locate it in Trading Academy and/or in the Trading Academy Services;
   2. A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
   3. A statement by You declaring under penalty of perjury that (1) the above information in Your Notice is accurate, and (2) that You are the owner of the copyright interest involved or that You are authorized to act on behalf of that owner;
   4. Your address, telephone number, and email address; and
   5. Your physical or electronic signature.
6. You acknowledge and agree that any questions, comments, suggestions, ideas, or feedback about Trading Academy and/or in the Trading Academy Services (“Input”), which You deliver to Us or our Related Persons is non-confidential and You hereby grant to Us and Related Persons a free, perpetual, irreversible, non-exclusive, transferrable, worldwide license (with a right to sublicense) to use, publish and re-publish the Input (including the right to prepare derivative works or incorporate the Input into other works and to grant and authorize sublicenses of any derivative works) without payment to You of any kind for any purpose whatsoever, including without limitation, advertising, product development, marketing, publicity or training purpose.

Trading Academy Privacy Policy and Privacy Notice

We value your privacy and are committed to protecting your personal information. If you are not in a European Union country, please visit the following links for the applicable Privacy Policy and Privacy Notice:

• Privacy Policy: Trading Academy Privacy Policy
• Privacy Notice: Trading Academy Privacy Notice for EU

Additional Legal Disclaimers

Trading Academy and the Trading Academy Services do not provide tax, legal, or investment advice. Nothing in Trading Academy and/or the Trading Academy Services should be construed as an offer to sell, a solicitation of an offer to buy, or a recommendation for any security.

Trading in securities can result in immediate and substantial capital losses. Only invest risk capital, not funds required for other purposes. You are solely responsible for determining the appropriateness of any investment, security, or strategy, based on your investment goals, personal and financial situation. You must evaluate your own level of experience, education, and risk tolerance before trading. Additionally, consult with an attorney or tax professional regarding your specific legal or tax situation.

The Content is provided for informational, educational, and entertainment purposes and is not intended to offer investment advice. We and our Related Persons disclaim any liability for any loss or loss claims resulting from actions taken based on Content, including but not limited to market value or other losses related to buying or selling any company, property, product, service, security, instrument, or other matter.

You acknowledge that investments in securities involve multiple risks, and discussions about securities in Trading Academy and/or the Trading Academy Services may not include a list or description of relevant risk factors. Some of the stocks discussed may have low market capitalization and/or insufficient public float, making them riskier than stocks of larger companies.

Trading Academy and/or the Trading Academy Services may provide information from or links to specific brokerage companies for your convenience. We and our affiliates do not endorse or recommend the services of any brokerage company, and the selected brokerage company is solely responsible for its services to you.

By accepting these Terms, you understand that we and our Related Persons will exercise reasonable skill and care using appropriately skilled personnel and instructors. However, you acknowledge that we and our Related Persons cannot guarantee that all material and content provided will be complete, accurate, and current at all times. Additionally, your performance depends on your individual skills, effort, aptitude, time availability, market conditions, dedication, and other factors beyond our or your control.

We and our Related Persons shall not be liable for any damages or costs arising from your use of the services of any brokerage company.

Except as expressly set out above, the Student Community, Community Services, and the Content are provided “as-is,” and we and our Related Persons disclaim all representations and warranties, whether express or implied, including implied warranties of title, merchantability, fitness for a particular purpose, or non-infringement.

We cannot guarantee specific results from the use of Trading Academy or the Trading Academy Services or our Content.

We do not represent or warrant that software, content, or materials in Trading Academy, the Trading Academy Services, or elsewhere are accurate, complete, reliable, current, or error-free, or that Trading Academy and the Trading Academy Services or any of the servers used to operate them are free of viruses or other harmful components. Therefore, exercise caution when using and downloading any content or materials and use recognized software to detect and disinfect viruses. You assume sole responsibility for any content, data, or material you download or obtain and any damages to your device or computer system, data loss, or other harm that may result.

Furthermore, no oral or written information or advice provided by us or our authorized representatives shall create a warranty or increase the scope of this warranty. You are responsible for and assume all risks associated with using Trading Academy and the Trading Academy Services, and should avoid using them in high-risk activities where errors could cause substantial damage. We do not guarantee that our security procedures will prevent data loss or improper access to your data. We are not responsible for transmission errors or the security of information sent over telecommunications lines.

We reserve the right to change any and all Content, software, and other items used or contained in Trading Academy and/or the Trading Academy Services at any time without notice.

We do not endorse, sponsor, or recommend any products, services, processes, or other information based on references to trade names, trademarks, manufacturers, or suppliers in Trading Academy and/or the Trading Academy Services.

Regulatory Compliance

You agree that any information that You make available in Trading Academy and/or in the Trading Academy Services, whether made available (a) by You or on Your behalf by a person authorized to make information available on Your behalf or (b) otherwise, in all situations complies with all statutes, rules, regulations, orders, or other governmental acts of any jurisdiction, whether foreign or domestic, including without limitation, (i) the Securities Act of 1933, as amended, including the rules and regulations promulgated thereunder, (ii) the Securities and Exchange Act of 1934, as amended, including Rule 10b-5 and the other rules and regulations promulgated thereunder, (iii) Regulation FD promulgated by the Securities and Exchange Commission, (iv) regulations promulgated by FINRA, and (v) any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ.

Limitation of Liability

IN NO EVENT WILL TRADING ACADEMY OR ITS AFFILIATES, FRANCHISEES, PARTNERS, MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, OR AGENTS (“OUR RELATED ENTITIES”) BE LIABLE TO YOU OR ANY THIRD PERSON (INCLUDING FOR INTELLECTUAL PROPERTY INFRINGEMENT) FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOSS OF BUSINESS, LOSS OF GOODWILL, OR BUSINESS REPUTATION, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOST PROFITS, OR LOSS OF DATA ARISING FROM:

(1) YOUR USE OF TRADING ACADEMY AND/OR THE TRADING ACADEMY SERVICES, OR

(2) ANY OF THE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH, OR DOWNLOADED FROM TRADING ACADEMY AND/OR THE TRADING ACADEMY SERVICES,

EVEN IF TRADING ACADEMY OR OUR RELATED ENTITIES ARE AWARE OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL OUR TOTAL LIABILITY AND THAT OF OUR RELATED ENTITIES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION [WHETHER IN CONTRACT, TORT, OR OTHERWISE] HOWEVER ARISING EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO TRADING ACADEMY OR OUR RELATED ENTITIES FOR THE USE OF TRADING ACADEMY AND/OR THE TRADING ACADEMY SERVICES IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE MATTER GIVING RISE TO CLAIM.

YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO TRADING ACADEMY OR OUR RELATED ENTITIES FOR THE USE OF TRADING ACADEMY AND/OR THE TRADING ACADEMY SERVICES, YOU SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM TRADING ACADEMY OR ANY RELATED ENTITIES, REGARDLESS OF THE CAUSE OF ACTION.

THE LAWS OF SOME STATES AND COUNTRIES DO NOT ALLOW SOME OF THE LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR DAMAGES AND LOSSES OR LIMITATIONS SET OUT ABOVE. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Termination

At any time, for any reason or no reason, in our sole discretion, Trading Academy may modify, restrict, or terminate Your account, delete Your profile, and any of Your Content that You have posted or shared in Trading Academy and/or the Trading Academy Services, and/or prohibit You from using or accessing Trading Academy and/or the Trading Academy Services. This may be done with or without notice and is subject to the dispute resolution Terms of Your applicable jurisdiction as set out below.

We may take this action if Your use of Trading Academy and/or the Trading Academy Services: (1) violates these Terms; (2) violates any laws, regulations, court orders, or other governmental request or order which requires immediate action; (3) infringes any intellectual property rights of any third party; (4) violates any export or import regulations; (5) is disruptive or adversely affects the operation or use of Trading Academy and/or the Trading Academy Services; or (6) may, in our reasonable opinion, expose us or our Related Persons, You, or any other member of the Community to potential legal liability.

The list of circumstances under which We may terminate Your use of Trading Academy and/or the Trading Academy Services is by way of example only and does not in any way limit us from exercising our discretion to modify, restrict, or otherwise take actions for any other action or behavior which we reasonably believe to be illegal, inappropriate, or prejudicial to the use of Trading Academy and/or Trading Academy Services.

Furthermore, We may suspend, expire, or in our sole discretion terminate Your access to Trading Academy and/or the Trading Academy Services if You fail to timely pay any amounts required under Your Enrollment Agreement or applicable basis of payment for any of the Trading Academy Services.

Indemnity You agree to indemnify and hold Us and our Related Persons and Related Entities harmless from and against any loss, liability, claim, demand, damages, costs, and expenses, including reasonable attorney’s fees (“Losses”), arising out of or in connection with:

(1) Your use of Trading Academy and/or the Trading Academy Services, (2) any Content You post or Content You share in Trading Academy and/or in the Trading Academy Services or otherwise, (3) Your conduct in connection with Trading Academy and/or the Trading Academy Services or with other Users, (4) and any violation of these Terms or of any law, rule, regulation, or order, or the rights of any third party.

Provided that, any Contributing Member to the Mastermind Clubhouse who provides a contribution in full compliance with these Trading Academy terms and conditions of Use shall not be responsible to indemnify Trading Academy from any claim for Losses made by any other Mastermind member.

This indemnity shall survive any termination of Your use or cessation of use by You of Trading Academy and/or the Trading Academy Services.

General Terms

Your rights to use Trading Academy and/or the Trading Academy Services may not be assigned, transferred, or bequeathed to any other person without our written permission.

Notice or other communication between You and/or Us may be given by conventional first-class mail or by e-mail and are effective on the date received. You may contact us at [email protected].

Nothing in these Terms prohibits You from publishing any written, oral, pictorial review, performance assessment, or other similar analysis of goods or services, or conduct related to the goods or services provided by Us or our Related Persons. However, any such publication made in Trading Academy and/or in the Trading Academy Services must comply with these Terms, and We are not required to publish or host any such publication.

If you are not in a European Union country, these Terms, and the Privacy Policy https://tradingacademy.com/User/PrivacyPolicy and the Disclosure Policy https://tradingacademy.com/User/Disclosure constitute the entire agreement between You and Us regarding the use of Trading Academy and/or the Trading Academy Services.

If you are in a European Union country, these Terms, and the Privacy Policy https://tradingacademy.com/User/EUPrivacyNotice and the Disclosure Policy https://tradingacademy.com/User/Disclosure constitute the entire terms and conditions between You and Us regarding the use of Trading Academy and/or the Trading Academy Services.

If We do not exercise or enforce any right or provision of these Terms, that inaction shall not constitute a waiver of such right or provision in that or any other instance.

Except as otherwise expressly stated herein, if any provision of these Terms is held invalid, the remainder of these Terms shall remain in full force and effect. Except as otherwise expressly stated herein, if any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

YOU ACKNOWLEDGE THAT YOU HAVE READ AND ACCEPT THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY CHOOSE NOT TO BECOME A USER OF Trading Academy AND/OR THE Trading Academy SERVICES.

DISPUTE RESOLUTION AND MANDATORY ARBITRATION FOR USA USERS. PLEASE REVIEW – IMPORTANT – AFFECTS YOUR LEGAL RIGHTS.

Online Trading Academy wants you to be a satisfied and productive member of the Community, but if there is any dispute or disagreement that needs to be resolved, this section outlines what is required of both of us.

DEFINITIONS. For purposes of this “DISPUTE RESOLUTION AND ARBITRATION” section, “Trading Academy” means Newport Exchange Holdings, Inc. GOVERNMENT REPORTING. Nothing in these arbitration provisions or the Statement of Terms in general prevents you from making a report or filing any claim or charge with a government agency, such as the U.S. Securities and Exchange Commission, Federal Trade Commission, or any other federal agency. Nothing in these arbitration provisions prevents the investigation by a government agency of any report, claim, or charge otherwise covered herein. This arbitration agreement also does not prevent federal administrative agencies from adjudicating claims and awarding remedies based on those claims. GOOD FAITH NEGOTIATION. In the event of any dispute or claim between you and Trading Academy or any of Trading Academy’s parents, subsidiaries, franchisees, or affiliates, or any employees, agents, instructors, contractors, successors or assigns of any of the foregoing, that may arise out of or related to this Agreement, your enrollment, or your use of any part of the Community, you and we agree that before either of us initiates formal dispute resolution procedures (namely, making a demand for arbitration or filing a complaint in small claims court), we will both use our best efforts to resolve the dispute or claim informally by good faith negotiation. To begin this process, the complaining party shall give written notice describing the factual basis for that party’s complaint. The other party shall promptly communicate with the complaining party to arrange for a meeting to discuss the dispute, which meeting may be conducted in-person, or by telephone or video conference. If we are unable to resolve the dispute within 60 days after written notice is given, either party may make a demand for arbitration, as provided in this Agreement, or, if the dispute qualifies for filing in small claims court in the state where you reside, by filing a complaint in a small claims court. MANDATORY ARBITRATION. AGREEMENT TO ARBITRATE. EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT, ANY AND ALL CLAIMS OR DISPUTES, WHETHER IN CONTRACT, TORT, STATUTE, OR OTHERWISE, BETWEEN YOU AND TRADING ACADEMY OR ANY OF TRADING ACADEMY’S PARENTS, SUBSIDIARIES, FRANCHISEES, OR AFFILIATES, OR ANY EMPLOYEES, AGENTS, INSTRUCTORS, CONTRACTORS OF ANY OF THE FOREGOING (OR SUCCESSORS OR ASSIGNS OF THE ABOVE), ARISING FROM OR RELATING TO THIS AGREEMENT, YOUR ENROLLMENT, OR YOUR USE OF ANY PART OF THE COMMUNITY SHALL BE RESOLVED EXCLUSIVELY THROUGH BINDING, INDIVIDUAL ARBITRATION. ARBITRATION MEANS THAT AN ARBITRATOR AND NOT A JUDGE OR JURY WILL DECIDE THE CLAIM. EXCEPT AS OTHERWISE EXPRESSLY STATED HEREIN, THE ARBITRATOR, AND NOT ANY FEDERAL, STATE, OR LOCAL COURT OR AGENCY, SHALL HAVE EXCLUSIVE AUTHORITY TO RESOLVE ANY DISPUTE RELATING TO THE INTERPRETATION, APPLICABILITY, ENFORCEABILITY, OR FORMATION OF THIS AGREEMENT TO ARBITRATE, AS WELL AS ALL THRESHOLD ARBITRABILITY ISSUES, INCLUDING WHETHER ALL OR ANY PART OF THIS MANDATORY ARBITRATION SECTION IS VOID OR VOIDABLE AND ANY DEFENSE TO ARBITRATION. EXCEPTIONS TO AGREEMENT TO ARBITRATE. The following claims are not subject to this agreement: claims (if any) that by law cannot be made subject to pre-dispute arbitration agreements, and claims to enjoin the infringement or other misuse of intellectual property rights. A claim that qualifies for filing in small claims court in the state where you reside may, at the complaining party’s option, be resolved either by individual arbitration or in small claims court. ARBITRATION PROCEDURES. Any dispute subject to this agreement to arbitrate shall be settled by arbitration administered by the American Arbitration Association (AAA) under its then-current Consumer Arbitration Rules (the “Applicable AAA Rules”). A copy of the rules and demand forms may be obtained at www.adr.org. Arbitration proceedings may be initiated by mailing a demand for arbitration and filing fee to AAA Case Filing Services, 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043, or by filing the demand and paying the filing fee online at www.adr.org. Alternative Forum: If for any reason the AAA is unable or unwilling to administer the arbitration, or for any reason declines to administer the arbitration, then any dispute subject to this agreement to arbitrate shall be settled by arbitration administered by JAMS under its then-current Comprehensive Arbitration Rules and Procedures; however, if your demand is for less than $150,000, the arbitration shall be pursuant to JAMS’ then-current Streamlined Arbitration Rules and Procedures. A copy of JAMS’ rules and demand forms may be obtained at www.jamsadr.com. Arbitration proceedings may be initiated online at https://www.jamsadr.com/submit/, or by calling the applicable number for alternative instructions (https://www.jamsadr.com/locations/). If JAMS is to be the administrator, and if any aspect of this agreement does not meet JAMS’ Consumer Arbitration Minimum Standards, then this agreement shall be reformed, and shall be deemed to have been reformed, to the extent necessary to comply with JAMS’ Consumer Arbitration Minimum Standards. Additional Procedures: Regardless of whether AAA or JAMS administers the arbitration, the following additional procedures apply: Copies of the completed demand form and any other initiating documents must also be provided to all parties. Demands to Newport Exchange Holdings, Inc. may be sent to RESOLUTION DISPUTE MANAGER, 17780 Fitch, Suite 200, Irvine CA 92614. If we commence arbitration, we will send notice and a copy of any such filing or demand to your last address on file with us. All claims in arbitration are subject to the same statutes of limitation that would apply in court, and any dispute regarding the timeliness of the claims shall be resolved by the arbitrator. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state in which you reside and will be selected in accordance with the Applicable AAA or JAMS Rules. Unless otherwise mutually agreed in writing, the arbitration will be conducted in the county where you reside. Any award by the arbitrator shall be in writing and will be final and binding on all parties, subject to any limited right to appeal under the Federal Arbitration Act. Judgment on the award may be entered in any court having jurisdiction thereof. If the Applicable AAA Rules or JAMS Rules conflict with any part of this agreement, this agreement controls (except as set forth above regarding JAMS’ Consumer Arbitration Minimum Standards). Federal Arbitration Act. The Federal Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation and enforcement of this entire agreement to arbitrate. Disputes Involving Non-Arbitrable Claims. In the event any dispute involves one or more claims that are subject to this agreement to arbitrate and also one or more claims that are not subject to this agreement to arbitrate (i.e., claims that may proceed in small claims court, claims which by law are not subject to pre-dispute arbitration agreements, or claims to enjoin infringement or other misuse of intellectual property rights), the arbitration shall proceed first, and proceedings that may or must proceed in court shall be stayed until the completion of the arbitration proceedings, provided, however, that in proper cases, either party may seek the entry of a preliminary injunction by a court of competent jurisdiction to be enforced while the arbitration proceeds. Waiver of jury trial, court trial, and class/representative actions. You and we agree that for any dispute or claim subject to this agreement to arbitrate, arbitration is mandatory and shall be conducted on an individual basis. You understand that you and we are giving up the right to litigate such disputes before a judge or jury, and that you are expressly waiving any right to assert claims as a representative or member in any class action or representative proceeding, or to participate as a class member in any such action. No arbitration shall be conducted on a class or representative basis, and the arbitrator shall have no authority under any circumstances to hear or preside over any class or representative claim. Further, unless otherwise mutually agreed in writing, the arbitrator may not consolidate more than one person’s or entity’s claims. If this class/representative action waiver is held unenforceable, then the entirety of this “DISPUTE RESOLUTION AND MANDATORY ARBITRATION” section will be deemed void, regardless of any severability clause or claim of severability. Notwithstanding any other clause contained in this document, or in any arbitration organization rules or procedures that now apply or any amendments and/or modification to those rules, including without limitation the Applicable AAA Rules, any claim that all or part of this class/representative action waiver is invalid, unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. Except as provided in the preceding sentence, this “DISPUTE RESOLUTION AND MANDATORY ARBITRATION” section will survive any termination of this Enrollment Agreement or Statement of Terms. The arbitrator can award on an individual basis the same damages and relief as a court under applicable law (including injunctive and declaratory relief or statutory damages). FEES. Your responsibility to pay any AAA filing, administrative, and/or arbitrator fees will be solely as set forth in the Applicable AAA Rules. Each party shall be responsible for its own attorney, expert, and other expenses unless awarded by the arbitrator under applicable law. Governing Law; Venue and Jurisdiction

By visiting or using Trading Academy and/or the Trading Academy Services, you agree that the laws of the State of California (without regard to the conflicts of laws principles thereof) will govern these Terms and any dispute of any sort that might arise between You and Us.

If any dispute or claim is not subject to arbitration (as set out above), you agree to the sole jurisdiction of the state and federal courts of California, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non-conveniens with respect to, venue and jurisdiction in the state and federal courts of California.

FOR USERS IN THE UNITED KINGDOM AND OTHER JURISDICTIONS

Under no circumstances will we be responsible for any loss or damage, including any loss or damage to any Content or personal injury or death (other than death or personal injury caused by our or our Related Person’s injury to you), resulting from anyone’s use of Trading Academy and/or the Trading Academy Services or any Content posted on Trading Academy and/or transmitted to or by Users, or any interactions between Users, whether online or offline. Nothing in these Terms is intended to exclude our responsibility for fraud, fraudulent misrepresentation, willful misconduct, or any other matter which cannot be limited or excluded as a matter of law in the jurisdiction in which You are based.

If You and We and/or Related Persons cannot resolve our dispute, You and We and/or Related Persons will attempt to settle the matter by mediation (for persons in the United Kingdom in accordance with the Centre for Effective Dispute Resolution’s model mediation procedure then in force, or, for persons in other jurisdictions, by using a recognized mediation service in that location) before any party pursues other remedies.

Our contact details

Online Trading Academy is the trading name of Newport Exchange Holdings, Inc., a California Corporation. We can be contacted at https://www.tradingacademy.com/contact-us.aspx.