Terms of Use

This Agreement incorporates by reference our Privacy Policy, DMCA Policy, any specific Terms of Service, and any other rules or guidelines posted regarding our Services (each, an "Annex"), as may be amended by us from time to time. Your access, purchase and/or use of any of the Services constitutes your agreement to be bound by and comply with these Terms of Use. If you do not agree, you should immediately cease all use of the Services.

1. Changes to this Agreement

You can review the most current version of the Terms at any time on this page. We reserve the right, in our sole discretion, to change, modify and/or revise this Agreement (including any Annex) at any time. Any such changes are effective immediately upon our posting of the amended Agreement or other notice to you. You agree that your continued use of the Services following such posting constitutes acceptance of the Agreement as amended. It is your responsibility to check this page periodically for changes.

2. The Services

The Services include our written and digital publications and materials, websites (including, but not limited to, behindthemarkets.com), mobile applications and all other online and other platforms (collectively, the "Platforms"), all Content displayed on or delivered through the Platforms, and memberships (collectively, the "Services"). "Content" means data, information, research, e-letters, newsletters, digests, articles and blogs, news aggregate services, emails, images, graphs, videos, podcasts, webinars, conferences, books, audio, software, analytic tools, and any visual, audial or digital content made available on or through a Platform.

The Services include certain Services provided free of charge ("Free Services") as well as Services for which you must pay a one-time fee, subscription fee, maintenance fee or other fee in order to have access, including, but not limited to, premium Content and memberships (collectively "Premium Services").

3. Disclaimers Concerning the Content We Provide

You acknowledge and agree to the following:

(i) BEHIND THE MARKETS is a publisher of financial information, not an investment adviser. We rely upon the "publisher's exclusion" from the definition of investment adviser under Section 202(a)(11)(D) of the Investment Advisers Act of 1940 and corresponding state securities laws. We do not provide personalized or individualized investment advice or execute any trades on your behalf. Any information provided as part of the Services is impersonal and not specific to any person's investment needs. You acknowledge and agree that no Content published or otherwise provided as part of any Service constitutes a personalized recommendation or advice regarding the suitability of, or advisability of investing in, purchasing or selling any particular investment, security, portfolio, commodity, transaction or investment strategy.

Investing has large potential rewards, but also large potential risk. You must be aware of the risks and be willing to accept them in order to engage in investing practices. Don't trade with money you can't afford to lose. Behind the Markets does not represent that any account will or is likely to achieve profits or losses similar to those that may be discussed or highlighted on our Website or while using our Services.

(ii) None of our personnel, including, but not limited to, editorial staff, employees or independent contractors (collectively, "Our Representatives"), will provide you with personalized advice regarding the value or suitability of, or advisability of investing in, purchasing or selling, any particular investment, security, portfolio, commodity, transaction, investment strategy or any other matter, and you further agree not to request or contact us for such advice.

(iii) From time to time the Services provide the opinion and commentary of Our Representatives, as well as opinion and commentary of third parties that are not controlled by Behind the Markets, including, but not limited to, interviewees, guests, analysts and other third-party Content providers (collectively, "Outside Contributors"), as well as opinions and commentary provided in the products and services of our affiliates. The Services and/or Content are not to be used or construed as a recommendation or offer to buy or sell, or a solicitation of an offer to buy or sell, any security, company, financial product or instrument.

(iv) Although we have certain trading restrictions for Our Representatives relating to investments or securities that are recommended in the Services, from time to time, one or more Outside Contributors or their affiliates may have a position in the investment or securities written about in the Services.

(v) Where Services and/or Content provided by Behind the Markets consists of pricing or performance data, such data has been obtained from third-party sources reasonably believed to be reliable. However, the accuracy, completeness or timeliness of any such data or data calculations are not guaranteed.

(vi) From time to time, reference may be made in our marketing materials to prior articles and opinions we have published. These references may be selective, may reference only a portion of an article or recommendation, and may not be current.

(vii) When U.S., international, cryptocurrency and/or other similar exchanges are open, any quotes that we may provide through our Platforms are delayed. You acknowledge and agree that neither Behind the Markets nor any Third-Party Provider of these quotes or related data shall be liable to you or any third party for any damage or loss resulting from your reliance or trading on the quotes.

(viii) To the extent any of the Services involve a model portfolio of investments, such portfolio provides investment ideas and/or provides information regarding investments and is for informational purposes only. Your actual results may differ from results reported for the portfolio for many reasons.

(ix) The information, research and opinions and other Content that Behind the Markets provides as part of the Services are obtained or derived from sources believed to be reliable, but we cannot guarantee their accuracy and completeness. You should not rely solely upon such information, research and opinions for purposes of transacting securities or other investments, and you are encouraged to conduct your own research and due diligence, and to seek the advice of a qualified investment professional before you make any investment.

4. Content

We reserve the right to change, modify or discontinue any Content or any portion or feature of the Services. Such changes may include, but are not limited to, adding or removing particular Outside Contributors or Our Representatives, ceasing to provide access to a Service, or changing the terms of engagement for a Service. We may make these changes or modifications at our sole discretion, either temporarily or permanently, at any time or from time to time, with or without notice to you. You agree that Behind the Markets shall not be liable to you or any third party for any such change or modification of the Content and/or Services.

5. License; User Representations and Warranties

A. License to Use the Services

Behind the Markets grants to you a limited, revocable, non-exclusive, non-sublicensable and non-transferable license to access and use the Services, and to use the Content provided within each Service, in each case solely as expressly permitted hereunder and solely for your own personal, non-commercial purposes. Your right to use the Content is limited to downloading and/or printing one (1) copy of any Content for your own personal, non-commercial use. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein.

B. User Representations & Warranties and Use Restrictions

In consideration of your use of the Services and/or the Platforms, you hereby represent and warrant as follows:

• You can form legally binding contracts under applicable law and are not a person barred from receiving the Services under the laws of the United States or other applicable jurisdictions;
• You are at least eighteen (18) years old or the age of majority in the jurisdiction in which you reside;
• You shall not use the Services in any manner that either directly or indirectly infringes any rights of Behind the Markets or any third party;
• Your use of the Services will in all respects conform to all applicable laws, rules and regulations;
• You agree not to engage in prohibited activities including copying, republishing, scraping, or distributing any part of the Services;
• You are solely responsible for all statements made and acts or omissions that occur on your User Account;
• A maximum of three simultaneous log-ins are allowed per User Account.

6. Registration and Privacy

A. Registration; Confidentiality

In order to access certain Services, you must apply and register for an account for the Service ("User Account"). When you register for a User Account, you will be issued a user ID, associated password, or other login credentials ("Credentials"), which will be assigned specifically to you. Behind the Markets, in its sole discretion, may deny User Account registration to you for any or no reason.

You are solely responsible for maintaining strict confidentiality of your Credentials and ensuring that Credentials are used only by you and not used by or disclosed to any third party. All Users must keep their User Account passwords secure and we encourage you to use "strong" passwords.

B. Privacy

Please see our Privacy Policy which describes how we collect, use and share your personal information and which sets forth our policies regarding how we and our affiliates, partners, vendors and service providers may contact you.

C. SMS Terms for Short Code

Behind the Markets - Get product updates, offers, and other promotional content tailored for you, the customer, sent straight to your phone. Message and data rates may apply. Message frequency varies based on account settings. Text HELP to 82041 for help or contact 1-800-851-1965. Reply STOP to 82041 to unsubscribe. Carriers are not liable for delayed or undelivered messages. Privacy Policy | Behind the Markets

7. Terms Applicable to Premium Service

THE FOLLOWING PROVISIONS APPLY ONLY TO PREMIUM SERVICES. YOU SHOULD READ THESE TERMS CLOSELY BEFORE YOU SUBSCRIBE TO A PREMIUM SERVICE.

A. Subscriptions, Fees and Payments

Premium Services are made available on a subscription basis. As consideration for the Premium Services you purchase you agree to promptly pay Behind the Markets all applicable prices and fees (collectively, the "Fees") as designated in the related order process. All Fees are due immediately or upon ordering and are non-refundable, except as otherwise expressly provided in this Agreement or as required by applicable law.

YOU UNDERSTAND AND AGREE THAT ALL FEES ARE NONREFUNDABLE AND THAT BEHIND THE MARKETS MAY CHANGE ANY PRICE, FEE, RATE OR PLAN AT ANY TIME UPON NOTICE TO CUSTOMER IN ACCORDANCE WITH THIS AGREEMENT.

B. Term; Subscription Renewals

Your subscription will continue for the period referenced during registration (the "Term") and renew automatically at the end of the Term, unless you notify us that you are not renewing your subscription by calling our Customer Service Department at 1-800-851-1965 weekdays between the hours of 10:00 am and 7:00 pm Eastern Time, by emailing us at support@behindthemarkets.com, by terminating your subscription through accessing your User Account, or by another designated cancellation method. You must notify us at least one day before the renewal date in order to avoid being charged for the renewal of your subscription.

C. Cancellation; Refunds

During any free trial portion of your subscription, you may cancel your subscription to the Premium Service at any time and not be billed by notifying us. You must cancel no later than one (1) day before the free trial period expires in order to avoid being converted to a paid subscription.

Once your initial subscription commences, we do not provide refunds for initial orders or recurring monthly payments. If you are a User for a Term longer than a month (including annual subscriptions) and you cancel within the first thirty (30) days of your initial subscription, you may receive a refund of your subscription fee minus the equivalent of one-month pro-rated charge. Please note that if you cancel your subscription at any time after the first thirty (30) day period of your initial subscription, you will not be entitled to any refund or reimbursement on account of the cancellation of your subscription.

You can cancel your subscription by calling our Customer Service Department at 1-800-851-1965 weekdays between the hours of 10:00 am and 7:00 pm Eastern Time, by emailing us at support@behindthemarkets.com, or by accessing your User Account.

8. Intellectual Property and Proprietary Rights

Except as otherwise set forth herein, all right, title and interest in and to the Services and the Content, all registered and unregistered trademarks, service marks and logos, all trade secrets, proprietary information, copyrights, and all other intellectual property, proprietary rights or other rights related to the Services (collectively, "Behind the Markets Intellectual Property Rights") are owned by Behind the Markets and/or its Outside Contributors. You acknowledge and agree that no title to the Behind the Markets Intellectual Property Rights is transferred to you.

"Behind the Markets" and certain other marks used on the Services are trademarks and/or service marks of Behind the Markets. All other trademarks, service marks, and logos used on the Services are the trademarks, service marks, or logos of their respective owners.

If you have a good faith belief that your work has been copied in a way that constitutes copyright infringement, please notify us as set forth in our DMCA Policy.

9. Disclaimer of Representations and Warranties

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICES (AND ANY RELATED CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY CONTENT PROVIDED BY OUTSIDE CONTRIBUTORS) IS SOLELY AND ENTIRELY AT YOUR OWN RISK AND THAT THE SERVICES (AND ANY RELATED CONTENT) ARE PROVIDED "AS IS," "AS AVAILABLE" AND "WITH ALL FAULTS," WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

BEHIND THE MARKETS, ITS OFFICERS, DIRECTORS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, OUTSIDE CONTRIBUTORS, THIRD-PARTY PROVIDERS, CONTRACTORS, SUPPLIERS, LICENSORS, ADVERTISERS AND AGENTS (COLLECTIVELY, THE "BEHIND THE MARKETS ENTITIES") EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE OR USE.

THE BEHIND THE MARKETS ENTITIES DO NOT WARRANT THAT YOUR USE OF THE SERVICES AND/OR ANY CONTENT OBTAINED THEREBY WILL BE COMPLETE, ADEQUATE, TIMELY, ACCURATE, UNINTERRUPTED, ERROR-FREE OR SECURE, OR THAT THE SERVICES OR THE SERVERS ON WHICH THE SERVICES ARE HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

10. Limitation of Liability

EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT SHALL BEHIND THE MARKETS OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, AND/OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES, FEES, COSTS OR CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT, THE PRIVACY POLICY, THE SERVICES, OR YOUR OR A THIRD-PARTY'S USE OR ATTEMPTED USE OF THE SERVICES.

THIS INCLUDES, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES. IF, NOTWITHSTANDING THE LIMITATIONS OF LIABILITY SET FORTH ABOVE, BEHIND THE MARKETS IS FOUND LIABLE UNDER ANY THEORY, BEHIND THE MARKETS' LIABILITY AND YOUR EXCLUSIVE REMEDY WILL BE LIMITED TO USD $500.00.

11. Indemnification

You agree to indemnify, defend and hold harmless the Behind the Markets Entities, its parents, subsidiaries, predecessors, successors, and affiliates from and against any and all liabilities, claims, actions, damages, losses, costs (including reasonable attorneys' fees), demands of any kind, or other expenses arising out of, resulting from, or in any way connected with or related to:

• Your breach of this Agreement or the documents it incorporates by reference;
• Your breach of your warranties, representations and obligations under this Agreement;
• Your failure to perform in accordance with this Agreement;
• Your use of the Services in any way other than its normal way or in a way not required or recommended by us;
• Your violation of any law or the rights of any third party;
• Your registration or use of a User Account; or
• The actual or alleged infringement of any third-party proprietary or intellectual property right arising out of the unauthorized use of the Services.

12. Termination

A. General

Without limiting the foregoing, Behind the Markets may terminate this Agreement immediately for any or no reason and with or without notice to you (including by terminating your User Account, Credentials and/or access to any Service) if: (i) Behind the Markets reasonably believes that the Services are being used in violation of this Agreement or applicable law; (ii) Behind the Markets believes your use of any Service interferes with the normal operations of the Service; (iii) Behind the Markets is required to do so by law; (iv) in the case of Free Services, Behind the Markets reserves the right to terminate User Accounts that remain idle for a period of thirty (30) days or more; or (v) in the event you contact your bank or credit card company to decline or reverse any Fees payable to Behind the Markets.

B. Effect of Termination

Upon the effective date of termination, Behind the Markets will no longer provide the Services to you, any licenses granted to you will immediately terminate, and you must cease using such Services immediately.

13. Third-Party Providers & Third-Party Sites

Behind the Markets may retain affiliates and/or other third-party service providers to assist or support us in providing the Services (each a "Third-Party Provider"). The Services may contain links to third-party websites, advertisers, products, content, information, services or other events or activities that are not owned or controlled by Behind the Markets (collectively, "Third-Party Sites"). We do not endorse or assume any responsibility for any such Third-Party Site. If you access a Third-Party Site via a link on the Platform, your access and/or use of the link and the Third-Party Site is done at your own risk.

14. DMCA Policy

Behind the Markets shall process alleged copyright infringement of Users in accordance with our Digital Millennium Copyright Act policy located at DMCA Policy.

15. Dispute Resolution by Mandatory Binding Arbitration and Class Action Waiver

PLEASE READ THIS ARBITRATION AND CLASS ACTION WAIVER PROVISION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH BEHIND THE MARKETS ON AN INDIVIDUAL BASIS AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

EXCEPT WHERE PROHIBITED BY LAW, YOU AGREE THAT ANY CLAIM THAT YOU MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL AND BINDING CONFIDENTIAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Arbitration is a manner of resolving a "Claim" without filing a lawsuit. "Claim" means any dispute between you, Behind the Markets, or any involved third-party relating to your account, your use of the Services, your relationship with Behind the Markets, this Agreement, or the Privacy Policy.

Required Pre-Dispute Procedures: Before initiating any Claim against the other, you and we agree to first contact the other with a written description of the dispute, which shall include all relevant documents and information, and the proposed resolution. You may send the written description of any dispute you have with us by certified mail to Behind the Markets, Attn: Legal Department, 4260 NW 1st Avenue, Ste. 55, Boca Raton, FL 33431.

Opt-Out: YOU HAVE THE RIGHT TO OPT-OUT OF THIS ARBITRATION PROVISION WITHIN THIRTY (30) DAYS FROM THE DATE THAT YOU PURCHASE, USE, OR ATTEMPT TO USE A SERVICE PURCHASED ON OR THROUGH THE WEBSITE (WHICHEVER COMES FIRST) BY WRITING TO US VIA CERTIFIED MAIL AT BEHIND THE MARKETS, ATTN: LEGAL DEPARTMENT, 4260 NW 1ST AVENUE, STE. 55, BOCA RATON, FL 33431.

16. Additional Terms for Services Provided Through a Web or Mobile App

With respect to any Services provided through a web or mobile app (an "App"), we grant you a limited, terminable, non-exclusive license to download and install a single copy of the App solely on your own computer or mobile device, for use solely to connect to and use the Services as permitted under this Agreement. This license is not transferable to any third party. On termination of this Agreement for any reason, you will delete any downloaded or installed copies of the App.

17. Testimonials, Reviews, and Other User Content and Submissions

Anything that you submit or post to the Website and/or provide us, including without limitation, photographs, testimonials, ideas, know-how, techniques, questions, reviews, comments, and suggestions, whether directly to the Website or in user discussions (collectively, "Submissions") is and will be treated as non-confidential and nonproprietary. You represent and warrant that you are the owner or have sufficient rights to share the Submissions with us.

Behind the Markets does not guarantee anyone's success or that anyone will earn/experience the results that are portrayed via its Services. The testimonials and reviews portrayed on our Website and across our Services are exceptional results from our most successful users. These testimonials do not represent the generally expected user experience, nor do they guarantee future success.

18. Miscellaneous

A. Waiver

No waiver by Behind the Markets of any term or condition set forth in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition.

B. Severability

In the event that any provision of this Agreement is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from this Agreement.

C. Force Majeure

Under no circumstances shall Behind the Markets be held liable for any cessation, interruption, delay or failure in performance of the Services or any obligations under this Agreement resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control.

D. Entire Agreement

This Agreement constitutes the entire agreement and understanding between you and Behind the Markets, and supersedes and replaces any prior or contemporaneous agreements.

E. Assignment

You may not assign any of your rights under this Agreement, and any such attempt will be null and void. Behind the Markets and its affiliates may, in their individual discretion, transfer all contractual rights and obligations pursuant to this Agreement.

F. Access to the Service from Other Locations

The Services are directed solely to individuals and entities residing in the United States. We make no representation that materials provided through the Services are appropriate or available for use in other locations.

G. Notice

You shall give notice to Behind the Markets by contacting our Customer Service Department by telephone at 1-800-851-1965 weekdays between the hours of 10:00 am and 7:00 pm Eastern Time or by emailing us at support@behindthemarkets.com.

H. Questions or Additional Information

If you have any questions regarding your account, any Service, or this Agreement, please contact our customer support team:

Behind the Markets
4260 NW 1st Avenue, Ste. 55
Boca Raton, FL 33431
Tel: 1-800-851-1965
Email: support@behindthemarkets.com

If you are a California resident, please be advised that you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.