Terms of Use & Disclaimer – TheBesTTraders.com

Please read carefully before accessing or using TheBestTraders.com or any affiliated websites (collectively, the “Site”).

By accessing or using the Site, you acknowledge and agree to the following terms and conditions (the “Agreement”). Your continued use of the Site confirms that:

• You are at least 18 years old or the legal age of majority in your jurisdiction (if greater than 18);
• You have the legal right, authority, and capacity to enter into this Agreement;
• You have read, understood, and agreed to be bound by this Agreement.

This Agreement establishes your relationship with Traders Community Forum, hereinafter referred to as (the “Company”). Any supplemental terms, policies, or disclaimers issued by the Company—including those related to Privacy and Disclaimers—are incorporated into this Agreement by reference.

For any questions regarding the Site or your membership (“Membership”), please visit our Contact Us page.

The Company reserves the right to modify, suspend, or terminate the Site at its discretion in accordance with this Agreement.

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Prohibited Conduct

By accepting this Agreement, you agree that you will NOT:

1. Unauthorized Data Collection & Impersonation

• Monitor, collect, or attempt to obtain passwords or other account details of other users;
• Disclose your own or another person’s personally identifiable information (PII);
• Impersonate another person or falsely represent an affiliation with the Company, its partners, or affiliates;
• Falsely claim endorsement by the Company for any statements or actions you take.

2. Unauthorized Use of Content & Intellectual Property

• Download, copy, or reproduce any paid or free content, except as allowed for personal, non-commercial use through normal browser caching or printing;
• Republish, upload, post, transmit, modify, distribute, or publicly display any content from the Site without explicit authorization;
• Sell, advertise, or distribute Site-provided information outside the Site, including trade setups, account access, or proprietary content;
• Use chart setups, trading strategies, or trade setups provided by The Pivot Queen and or The Pivot King or other members of The Trading Community for external purposes, including sharing with family, friends, or public forums;
• Utilize The Pivot King Course materials, tools, or proprietary methods for any personal commercial use without written consent from (the “Company”);
• Reverse-engineer, replicate, or attempt to reconstruct any proprietary content, tools, or trading methods for personal gain;
• Share trade setups or insights from The Pivot King Course on Twitter, StockTwits, social media, or public websites without prior approval from (the “Company”).

3. Security Violations & System Abuse

• Probe, scan, or test the security of the Site or attempt to breach authentication measures;
• Interfere with, disrupt, or place an unreasonable burden on the Site’s infrastructure, Company networks, or any related systems.

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Enforcement & Termination

Violation of any of the above terms may result in immediate termination of your account, legal action, and/or other penalties as deemed appropriate by the Company.

By using the Site, you acknowledge that the Company reserves the right to enforce these terms at its sole discretion, without prior notice.

For any concerns, please visit our Contact Us page.

   

Disclaimer & Risk Warning

Information contained on the Site is educational in nature and designed to contribute to your overall understanding of various types of technical analysis and how (the “Company”) and its representatives apply this information to the financial markets. (The “Company”) is not a Financial Advisor, Securities Broker-Dealer, or Registered Analyst. No information contained on the Site is intended as:

• Securities brokerage, investment, tax, accounting, or legal advice.
• An offer or solicitation to buy or sell securities.
• An endorsement, recommendation, or sponsorship of any company, security, or fund.

Trading stocks, options, futures, and cryptocurrencies involves risks and may not be suitable for everyone. You should consult your business, legal, tax, and accounting advisors before engaging in any transactions. By accessing the Site, you acknowledge the risks involved in trading stocks, options, futures, and cryptocurrencies and recognize that you alone are responsible for any financial losses or other consequences that may result from using this Site. (The “Company”) cannot and does not:

• Assess, verify, or guarantee the adequacy, accuracy, or completeness of any information provided.
• Determine the suitability or profitability of any particular investment.
• Guarantee the potential value of any investment or informational source.

You are responsible for conducting your own investment research and making your own decisions. (The “Company”) does not warrant the solvency, financial condition, or investment advisability of any securities mentioned on the Site or any linked sites.

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U.S. Government Required Disclaimer – Commodity Futures Trading Commission (CFTC)

Futures, options, and stock trading have large potential rewards but also large potential risks. You must be aware of these risks and be willing to accept them in order to invest in these markets. Do not trade with money you cannot afford to lose. This website is not a solicitation or offer to buy/sell futures, options, or stocks. No representation is being made that any account will or is likely to achieve profits or losses similar to those discussed on this website. The past performance of any trading system or methodology is not necessarily indicative of future results.

CFTC Rule 4.41 – Hypothetical or Simulated Performance Disclaimer

HYPOTHETICAL OR SIMULATED PERFORMANCE RESULTS HAVE CERTAIN LIMITATIONS. Unlike actual performance records, simulated results:

• Do not represent actual trading.
• May under- or over-compensate for the impact of certain market factors, such as lack of liquidity.
• Are designed with the benefit of hindsight.

No representation is being made that any account will or is likely to achieve profits or losses similar to those shown. CFTC RULE 4.41 – HYPOTHETICAL OR SIMULATED PERFORMANCE RESULTS HAVE CERTAIN LIMITATIONS. UNLIKE AN ACTUAL PERFORMANCE RECORD, SIMULATED RESULTS DO NOT REPRESENT ACTUAL TRADING. ALSO, SINCE THE TRADES HAVE NOT BEEN EXECUTED, THE RESULTS MAY HAVE UNDER-OR-OVER COMPENSATED FOR THE IMPACT, IF ANY, OF CERTAIN MARKET FACTORS, SUCH AS LACK OF LIQUIDITY, SIMULATED TRADING PROGRAMS IN GENERAL ARE ALSO SUBJECT TO THE FACT THAT THEY ARE DESIGNED WITH THE BENEFIT OF HINDSIGHT. NO REPRESENTATION IS BEING MADE THAT ANY ACCOUNT WILL OR IS LIKELY TO ACHIEVE PROFIT OR LOSSES SIMILAR TO THOSE SHOWN. By accessing the Site, you acknowledge and agree to these Disclaimers.  

Website Disclaimer

(The “Company”) provides the Site on a commercially reasonable basis and does not guarantee that you will be able to access or use the Site at all times or in all locations. The Company also does not guarantee that there will be adequate service capacity, either globally or in specific geographical regions.

To the fullest extent permitted by law, the Site is provided on an “as is” and “as available” basis, and your use of it is at your own risk. The Company makes no warranties, whether express or implied, including but not limited to implied warranties of merchantability, non-infringement, or fitness for a particular purpose, regarding the Site or any linked content.

The Company does not warrant that:

• The Site will be uninterrupted, secure, or available at all times.
• The Site will be free from inaccuracies, errors, omissions, viruses, or other harmful components.
• Any identified defects will be corrected.

The Company reserves the right to modify or discontinue the Site, or restrict access to it, at any time without notice.

Any communication you have with a Company representative—whether through email, phone, or other sources—does not override or modify the terms of this disclaimer or Agreement. These disclaimers apply to all information provided to you through any channel.

The Company does not guarantee that the Site or its servers will function with any particular hardware, software, or system configurations.

Legal Limitation: Some jurisdictions may not allow the exclusion of certain warranties, so some disclaimers above may not apply to you.

Limitation of Liability

The Company shall not be liable for any delays or failures in performance due to circumstances beyond its reasonable control, including but not limited to:

• Acts of God (e.g., natural disasters, earthquakes, hurricanes, or floods).
• War, terrorism, riots, or civil disturbances.
• Government actions, embargoes, or acts of civil or military authorities.
• Infrastructure failures, including network disruptions or power outages.
• Strikes or labor shortages.
• Material shortages affecting transportation, fuel, or energy supply.

Trading Community Rules & Guidelines

The Trading Community is available through a paid Membership or with FREE access to the trading forum. By accessing the Trading Community, you agree to abide by the following rules:

1. Login Credentials
   Do not share your username or password. Our system is designed to detect unauthorized logins immediately and will suspend any account where more than one person signs in with the same credentials.
2. Content and Intellectual Property
   Do not reprint, republish, repost, or otherwise distribute or transmit content or images from this site without prior permission. Unauthorized use of our intellectual property, trademarks, or proprietary materials may lead to civil and criminal liability. If you wish to share content not equipped with a social sharing option, please contact us first.
3. No Advertising or Soliciting
   No advertising, soliciting of members, trading of goods or services, or other commercial use is allowed. Bulk emails, junk mail, spam, chain letters, private messages, or repeated postings of the same message are strictly prohibited. Violations will result in the immediate termination of your subscription and/or Membership and may lead to legal consequences.
4. Income and Trading Claims
   Unsubstantiated income or trading claims are not allowed. Any trading results shared in the community must be supported with proof. If results are hypothetical, they must be clearly labeled as such. Violations of this rule may lead to penalties.
5. Personal Information
   Do not post personal details such as email addresses, phone numbers, physical addresses, or any other contact information in the forum or private messages.
6. Identity and Impersonation
   Use your real name when posting in the discussion forum. Impersonation of others is strictly prohibited.
7. Educational Focus
   The primary goal of the community is educational. While members are encouraged to ask questions, presenters may not be able to answer all queries, especially those regarding specific stocks or ETFs.
8. Respectful Engagement
   All members must treat each other with courtesy and respect. Name-calling, bullying, or abusive behavior will not be tolerated. Vulgarity, profanity, ethnic slurs, hate speech, or sexually explicit language is prohibited in the forum and trading rooms. Harassment or threats against other members will result in immediate action.
9. Content Permissions
   By posting content on TheBesTTraders.com or affiliated sites, you grant us the right to display, distribute, and use your content for advertising and promotion, on a non-exclusive, perpetual, royalty-free basis.
10. Spam and Bullying
    Sending spam messages or engaging in any form of bullying or harassment within the community is strictly prohibited.
11. Disruptive Comments
    Members must refrain from posting competitive or self-promotional comments on others’ threads. Disrupting the flow of information within a member’s thread is not allowed.
12. VPN Use and Identity Verification
    The use of a VPN is not prohibited; however, identity verification is required. Members using a VPN must verify their identity by submitting a $1.00 fee during registration. If you initially sign up without a VPN and later start using one, you will still be required to submit the verification fee. The name used for the $1.00 payment must match your trading forum account name. Failure to verify your identity will result in account suspension until the fee is processed.
13. Prohibited Use of Materials
    Members are not allowed to use chart setups, trade setups, or proprietary information from The Pivot King Course for commercial purposes without permission. Reverse-engineering The Pivot King Course or sharing trade setups on social media or public websites without prior consent is strictly forbidden.

By adhering to these rules, you help maintain the integrity and safety of our trading community.

Community Monitoring & Enforcement

TheBesTTraders.com does not actively monitor or edit messages posted in the forums or trading rooms. However, we reserve the right to remove or edit any content at our sole discretion if it:

• Violates these Terms and Conditions.
• Is deemed inappropriate or illegal.

You are solely responsible for any content you post in the forums and trading rooms.

Penalties for Rule Violations

Violations of these rules may result in:

• Suspension or termination of your access.
• Permanent banning from the trading forum.
• Revocation of your Membership and/or FREE account access.

No refunds—whether prorated or otherwise—will be issued in the event of a ban due to violations of this Agreement.

Trial Membership Terms

(The “Company”), operating as TheBesTTraders, offers a trial membership (“Trial Offer”) for a period of fifteen (15) days from the moment your trial is activated. The Trial Offer begins once you confirm acceptance of our Terms, Conditions, and Disclaimers during the signup process for the 15-day free trial or when becoming a full member.

By submitting your payment details, you:

• Accept the 15-day Trial Offer.
• Consent to us using your payment details in accordance with our Privacy Policy.
• Acknowledge and agree to (The “Company”)’s Terms and Conditions and Disclaimers.

Trial Offer Limitations: Each member is limited to one Trial Offer unless specifically invited via email or phone to participate in an additional trial.

Membership Renewal & Cancellation

Once you become an active member, your account will be renewed automatically based on your chosen subscription plan:

• Monthly Memberships – Renewed each month.
• Other Renewal Periods – Renewed based on the selected Membership plan.

If you wish to cancel your Membership, you may do so at any time by accessing your profile settings under the subscriptions section.

No Refunds Policy: There are no refunds or credits for partial monthly subscriptions.

Membership Fee Adjustments

If (The “Company”) increases the Membership Fee, you will be provided with prior notice. By continuing to use your Membership after the price change, you:

• Accept the new pricing structure.
• Acknowledge that the price change will take effect at the start of the next subscription period.

Membership Rules

TheBesTTraders.com contains both FREE TRIAL and paid content. Paid content is offered through Memberships, which require payment of an annual, semi-annual, quarterly, or monthly fee (“Membership Fee”). By subscribing to a Membership, you agree to abide by the following Membership Rules:

1. You will not share your username and/or password with any other party.
2. You will not reprint, republish, repost, or otherwise distribute or transmit content or images presented on this Site. If you wish to share content that does not include a share icon, please visit our Contact Us page PRIOR to sharing.
3. You will not advertise, solicit members, trade goods or services, or use the forum or live trading rooms for commercial purposes. Bulk emails, junk mail, spam, chain letters, private messages, or repeated postings of the same message are strictly prohibited. Soliciting members is strictly prohibited and will result in immediate termination of your Membership, without refund.
4. You must use your real name when posting in discussion forums or trading rooms. Impersonation of any individual or entity is strictly prohibited.
5. You will treat all members with courtesy and respect. Vulgarity, obscenity, profanity, ethnic slurs, hate speech, or sexually explicit language intended to harass, abuse, or threaten other members is strictly prohibited. (The “Company”) reserves the right to remove any messages or posts deemed abusive, derogatory, inappropriate, or in violation of these Terms and Conditions.
6. By posting content on the Site or affiliated websites, you grant (The “Company”) the right to display, distribute, and use the content for advertising and promotion. You provide (The “Company”) a perpetual, non-exclusive, royalty-free, worldwide license to use, modify, adapt, translate, distribute, or sublicense your content.
7. NOT TO use chart setups, trade setups, or share trade setups via the internet for family or friends.
8. NOT TO use The Pivot King Course methods, tools, or proprietary information for personal commercial use without the consent of (The “Company”).
9. NOT TO use The Pivot King Course methods, tools, or proprietary information for family or friends, even if you have canceled your Membership or are no longer using (The “Company”).
10. NOT TO reverse engineer The Pivot King Course methods by attempting to analyze and replicate them as a member, or create a Twitter, StockTwits, or other social media account to share trade setups on public platforms without prior approval from (The “Company”).

Consequences for Violating Membership Rules

Failure to comply with these Membership Rules may result in:

• Being banned from the trading community.
• Suspension or termination of your account.
• Potential civil or criminal liability.

(The “Company”) reserves the right to terminate your Membership at its sole discretion, with or without reason. If your Membership is terminated, notice will be provided to you via the email address associated with your account.

Membership Cancellations

Memberships may be canceled at any time by either party. If you wish to cancel, you can do so in your profile settings under Subscriptions.

Refund Policy

For Members who decide to cancel their Membership pursuant to the cancellation policy defined in the Membership section, the following refund policies apply:

Monthly Memberships

There are no refunds or credits of Membership Fees for partial monthly subscriptions. Instead, your current subscription will remain active until the end of the current billing cycle, at which point the Membership will be deactivated, and the account canceled.

Quarterly, Semi-Annual, and Annual Memberships

Certain Memberships offer Reduced Membership Fees when paid in advance for a quarterly, semi-annual, or annual period. If you decide to cancel before the end of your selected period, you may be eligible for a Partial Refund.

A Partial Refund will be calculated as follows:

• The remaining months of your Membership will be refunded, minus the difference between the standard month-to-month Membership Fee and the Reduced Membership Fee for the time you were a member.

Important Note: You are responsible for the full month-to-month Membership Fee for the months you have used if you choose to cancel your quarterly, semi-annual, or annual Membership early.

In some cases, you may not be entitled to a refund if the refund for the remaining months on your Membership would be less than the difference between the Membership Fee and the Reduced Membership Fee for the months already consumed.

Credit Card Cancellations

If the credit card you provided for billing is canceled without prior notice, the entire remaining balance of your contract will be sent to a third-party collection agency.

Seminars, Webinars, and Course Content

There are no refunds for Seminars, Webinars, or Course Content purchased through the Site.

Coupons

Coupons are offered at the discretion of (The “Company”) and may be granted, refused, or adjusted at any time, with or without prior notice.

Discounts and offers may sometimes be introduced after you have already purchased a Seminar, Webinar, Course Content, Membership, or Trial. It is within (The “Company”)’s sole discretion to offer a coupon for the difference between your purchase price and the discounted price.

Changes to the Agreement

The Site is evolving and may result in changes to the Agreement.

You understand that the Site is continuously evolving. (The “Company”) may require you to accept updates to the Site. (The “Company”) reserves the right to change, modify, add, or remove portions of this Agreement at any time, for any reason, with or without prior notice. These changes may include, but are not limited to:

1. Modifying, suspending, limiting, or terminating any portion, feature, or function of the Site, including your Membership and applicable policies or terms, such as hours of availability.
2. Changing any fees or charges related to your use of the Service.
3. Updating the equipment, hardware, or software requirements necessary to access the Service.

(The “Company”) may also interrupt the Service, or any portion of it, to perform routine or non-routine maintenance, error corrections, or other necessary modifications.

Any changes to this Agreement will become effective immediately upon notice, which may be provided by any means, including, but not limited to, electronic posting. Such posting will be deemed effective immediately.

You agree to check this Agreement periodically for updates. Your continued use of the Site after changes are posted constitutes your acceptance of and agreement to those changes.

Privacy Policy Statement

Your privacy is very important to us. We are committed to ensuring that your personal data is protected and processed in compliance with all applicable laws, including the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018.

We have designed our Privacy Policy to provide transparency regarding how we collect, use, store, and protect your personal information. It also explains your rights and how you can exercise them.

How We Use Your Personal Information

We collect and process personal data to provide and improve our services. This may include:

• Processing your membership or subscription to our services.
• Managing your account and authentication details.
• Providing customer support and responding to your inquiries.
• Personalizing your experience on our website, including tailored content and recommendations.
• Sending transactional communications, including order confirmations and security alerts.
• Complying with legal and regulatory obligations as required by UK law.
• Marketing communications (where consent has been provided), including newsletters and promotions.

Legal Basis for Processing Personal Data

Under UK GDPR, we rely on the following legal bases to process your data:

• Consent: When you have given explicit permission for us to process your data for specific purposes.
• Contractual Necessity: When data processing is required to fulfill a contract with you, such as providing membership services.
• Legal Obligation: When we are required to process data to comply with UK laws and regulations.
• Legitimate Interest: When we process data for legitimate business purposes, provided that your rights do not override these interests.

How We Protect Your Data

We implement strict security measures to safeguard your personal information from unauthorized access, alteration, disclosure, or destruction. These measures include:

• Secure encryption technologies to protect sensitive data.
• Strict access controls and authentication measures.
• Regular security audits and compliance checks.
• Data minimization policies to ensure we only store necessary information.

Changes to Our Privacy Policy

As our services evolve, we may update our Privacy Policy to reflect changes in the way we handle your data. Any updates will be communicated via our website, and we encourage you to review the policy periodically.

For more details, please review our full Privacy Policy.

Intellectual Property Protection

All content offered by (The “Company”) on the Site, including but not limited to FREE TRIALS, Membership materials, seminars, webinars, software, course materials, and any resources provided by a representative of (The “Company”), as well as all logos, slogans, and taglines (collectively and individually, the “Content”), is protected by intellectual property laws, including trademark, copyright, and database rights under the laws of the United Kingdom.

Prohibited Uses of Content

You may not do any of the following without prior written consent from (The “Company”):

• Modify, publish, transmit, transfer, sell, reproduce, or upload any Content.
• Post, perform, display, or create derivative works from the Content.
• Distribute Content in any way to another computer, server, website, or other medium for publication, redistribution, or commercial purposes.
• Remove or alter any copyright, trademark, or proprietary notices from any Content.

Legal Consequences of Unauthorized Use

Making unauthorized copies or reproducing Content in any form may result in:

• Immediate termination of your Account.
• Prohibition from further access or use of the Site.
• Legal action under UK intellectual property laws, which may include civil claims and financial damages.

UK Intellectual Property Law Compliance

This Agreement is governed by the Copyright, Designs and Patents Act 1988 (UK) and the Trade Marks Act 1994 (UK). Unauthorized use, copying, or reproduction of protected Content may result in legal action, including claims for damages, injunctions, and financial penalties.

If you believe that your intellectual property rights have been violated on the Site, please visit our Contact Us page to report the issue.

Email Communication & Compliance

TheBesTTraders.com is committed to **email marketing compliance** and adheres to the requirements set forth by:

• The CAN-SPAM Act (USA)
• The Privacy and Electronic Communications Regulations (PECR, UK)
• The General Data Protection Regulation (UK GDPR & EU GDPR)

These regulations provide individuals with the right to control how they receive marketing emails and require businesses to follow strict guidelines to prevent spam and unwanted communications.

Your Right to Unsubscribe

We respect your right to control the emails you receive from us. Every marketing or promotional email from TheBesTTraders.com contains a clear and functional “Unsubscribe” link.

If you no longer wish to receive emails, you can:

• Click the “Unsubscribe” link at the bottom of any email we send.
• Manage your email preferences through your account settings.
• Request removal by contacting us through our Contact Us page.

What Happens When You Unsubscribe?

Once you unsubscribe, we will:

• Immediately remove you from marketing communications.
• Retain a record of your request for compliance purposes.
• Still send **important transactional emails**, such as billing notifications or service updates (if applicable).

Spam-Free Commitment

TheBesTTraders.com strictly prohibits:

• Sending **unsolicited** promotional emails to individuals who have not opted in.
• Using misleading subject lines or deceptive marketing tactics.
• Sharing or selling your email address to third parties without consent.

Report Unwanted Emails

If you believe you have received an email in violation of this policy or are experiencing difficulties unsubscribing, please report the issue via our Contact Us page.

Indemnification Clause

By using this Site, you agree to fully indemnify, defend, and hold harmless (The “Company”), including its subsidiaries, affiliates, officers, directors, employees, agents, licensors, service providers, and contractors, from any and all claims, liabilities, damages, losses, costs, or expenses, including but not limited to reasonable legal fees, expert fees, and other litigation costs, arising from:

• Your use of this Site or reliance on any information, content, data, or materials provided through the Site.
• Your violation of this Agreement, including any breach of warranties, representations, covenants, or other contractual obligations.
• Your infringement of intellectual property rights belonging to (The “Company”) or any third party.
• Your misuse, unauthorized reproduction, or distribution of any content, software, or proprietary material from this Site.
• Your engagement in fraudulent, deceptive, unlawful, or prohibited activities while using the Site.
• Any harm or damage resulting directly or indirectly from your interactions with this Site, including third-party services, associated pages, or linked content.

Scope of Indemnification

Your obligation to indemnify (The “Company”) shall extend to all types of damages, including but not limited to:

• Direct damages (e.g., financial losses, service disruptions).
• Indirect damages (e.g., lost profits, reputational harm, data loss).
• Consequential damages (e.g., third-party claims resulting from your actions).

This indemnification applies regardless of whether such claims arise from negligence, breach of contract, tort, or statutory violations.

Legal Compliance and Jurisdiction

This Indemnification Clause is governed by the laws of the United Kingdom, including but not limited to:

• The Unfair Contract Terms Act 1977, which ensures fair contractual liability.
• The Consumer Rights Act 2015, governing digital transactions and consumer protections.
• The Defamation Act 2013, regulating reputational harm claims.

If any part of this Indemnification Clause is deemed unenforceable under UK law, the remaining provisions shall remain in full force and effect.

Enforcement and Defense

(The “Company”) reserves the right to:

• Assume the exclusive defense of any indemnified claim at its sole discretion.
• Require your full cooperation in the defense of any claim.
• Seek reimbursement from you for any costs, settlements, or legal fees incurred in defending a claim where you are found liable.

Limitation of Liability

Under no circumstances shall (The “Company”) be liable for any:

• Incidental or punitive damages related to the use of this Site.
• Loss of data, business opportunities, or profits caused by reliance on this Site’s content.
• Disruptions, interruptions, or technical failures affecting accessibility to the Site.

How to Report a Legal Concern

If you believe an indemnification claim applies to your situation, or if you need clarification on your legal obligations, please visit our Contact Us page.

Limitation of Liability

(The “Company”) expressly disclaims all liability to the fullest extent permitted by applicable law. You acknowledge and agree that (The “Company”) shall not be held responsible for any damages, losses, or expenses, regardless of their nature or origin, including but not limited to:

• Direct or indirect damages, including financial loss.
• Special, incidental, consequential, exemplary, or punitive damages.
• Loss of profits, investments, goodwill, or business opportunities.
• Loss, corruption, or unauthorized access to data.
• Inability to access or use the Site, whether due to technical issues, service failures, or other disruptions.
• Performance failures, including but not limited to errors, omissions, interruptions, defects, transmission delays, security breaches, or system failures.
• Harm caused by viruses, malware, or other destructive elements encountered through the Site or hyperlinks to external sites.

This limitation of liability applies regardless of whether (The “Company”) or its representatives have been advised of the possibility of such damages, losses, or expenses.

Third-Party Links & External Resources

By accessing hyperlinks to third-party websites, you do so at your own risk. It is your sole responsibility to take appropriate protective measures against viruses, malware, or data breaches. (The “Company”) does not:

• Endorse third-party websites, their content, or their accuracy.
• Take responsibility for any opinions expressed or information provided on linked websites.
• Guarantee the security or reliability of external resources.

Legal Basis of Liability

This limitation of liability applies under all legal theories, including but not limited to:

• Contract law (breach of agreement).
• Negligence (failure to exercise reasonable care).
• Tort liability (including misrepresentation or fraud).
• Strict liability (liability regardless of fault).

Maximum Cumulative Liability

In the event that any provision of this limitation of liability is deemed invalid or unenforceable, you agree that the total liability of (The “Company”) for all claims shall not exceed:

• The lesser of $100 USD (or equivalent in GBP) or
• The total amount you have paid to (The “Company”) to access the Site at the time the liability was incurred.

Legal Compliance & Governing Law

This Limitation of Liability clause is governed by the laws of the United Kingdom, including:

• The Unfair Contract Terms Act 1977, which governs contractual limitations of liability.
• The Consumer Rights Act 2015, which protects users in digital transactions.
• The Electronic Commerce Regulations 2002, which regulate online service liability.

If any provision of this limitation of liability is found to be unenforceable, the remaining terms shall remain in full effect.

Termination & Survival Clause

(The “Company”) reserves the right to terminate, suspend, or restrict your Membership or access to the Site at any time, with or without notice, for any reason, including but not limited to:

• Violation of these Terms and Conditions.
• Engagement in fraudulent, abusive, or prohibited activities while using the Site.
• Failure to comply with intellectual property protections or any other legal obligations.
• Non-payment of Membership fees or other contractual breaches.

Survival of Terms After Termination

Certain obligations and legal protections shall survive the termination, cancellation, or expiration of these Terms and Conditions. This includes, but is not limited to, the following sections:

• Intellectual Property – Rights related to content ownership and usage restrictions remain enforceable.
• Indemnification – Your obligation to indemnify and defend (The “Company”) against claims persists.
• Limitation of Liability – Legal disclaimers and liability limitations continue to apply.
• Privacy Policy – Data protection rights and obligations remain in effect as required by law.

How to Request Membership Termination

If you wish to terminate your Membership, you may do so by submitting a request through our Contact Us page.

Upon our acceptance of your termination request, your account will be deactivated and your personal data will be deleted, except for information that must be retained to comply with:

• The UK General Data Protection Regulation (UK GDPR).
• The Data Protection Act 2018, governing legal data retention requirements.
• Other applicable laws or regulatory obligations.

Data Retention & Legal Compliance

Under UK GDPR, certain data may be retained for the following purposes:

• To comply with legal and financial record-keeping obligations.
• To resolve disputes or enforce our agreements.
• To prevent fraud, abuse, or unlawful activity on the Site.

If you would like to request a copy of your retained data or exercise your **right to erasure**, please visit our Contact Us page.

Final Provisions

Termination of your Membership does not release you from any outstanding obligations or liabilities incurred prior to termination.

(The “Company”) reserves the right to modify or update these Termination & Survival terms at any time, with changes taking effect immediately upon posting.

Entire Agreement & Severability

Entire Agreement

This Agreement, including all agreements and policies referenced herein, constitutes the entire agreement between you and (The “Company”) regarding your use of the Site. It supersedes and cancels any and all prior written or oral agreements, understandings, representations, or warranties made between you and (The “Company”) regarding such use.

(The “Company”) does not accept counter-offers or modifications to this Agreement. Any such counter-offers are categorically rejected and shall have no legal effect.

Independent Contractor Relationship

Your use of the Site does not create and shall not be construed as creating any:

• Agency relationship (i.e., you are not an agent of (The “Company”)).
• Joint venture, partnership, or employment relationship.
• Fiduciary or other legal relationship beyond that of independent contractors.

This Agreement may not be assigned by you without prior written consent from (The “Company”).

Waiver of Rights

The failure of (The “Company”) to insist on or enforce strict compliance with this Agreement shall not be construed as a waiver of:

• Any rights, provisions, or remedies under this Agreement.
• The ability to enforce any term at a later time.
• The ability to take legal action against any past, present, or future violations.

No course of conduct between (The “Company”) and any user shall be interpreted to modify this Agreement or waive any of its provisions.

No Third-Party Rights

This Agreement is for the benefit of the contracting parties only. It shall not be interpreted to:

• Grant any rights or remedies to third parties.
• Create any enforceable obligations for third-party beneficiaries.

Severability & Enforceability

If any provision of this Agreement is deemed illegal, void, or unenforceable by a court of competent jurisdiction:

• That provision shall be modified or restated to reflect the original intent of the parties while remaining compliant with applicable law.
• The remaining provisions of this Agreement shall continue in full force and effect.

If any provision is deemed invalid and cannot be modified by a court, it shall be deemed severable from this Agreement, and the remaining terms shall remain legally binding.

Legal Compliance & Governing Law

This Agreement is governed by the laws of the United Kingdom, including but not limited to:

• The Contracts (Rights of Third Parties) Act 1999 (which clarifies that third parties cannot enforce contractual terms).
• The Unfair Contract Terms Act 1977 (which ensures contract terms are fair and reasonable).
• The Consumer Rights Act 2015 (which regulates digital transactions and service agreements).

Modifications & Updates

(The “Company”) reserves the right to modify, amend, or update this Agreement at any time. Any modifications will take effect immediately upon posting. Continued use of the Site constitutes acceptance of the updated Agreement.