Terms of Service and General User Information

Neither Opinicus Holdings, LLC. nor any officer, director, employee, shareholder, contractor, or any person associated with it, (collectively, Opinicus), is a registered investment advisor. Opinions, information and trade highlights on this website, or any other forum, including, but not limited to blogs, social media, interviews and other broadcast media, (each, a "Media Channel"), are not to be relied upon as investment advice, but are solely meant to help users educate themselves. All persons using this site are advised to learn the risks involved with trading stocks and options, and to seek qualified, professional advice before engaging in any financial transaction. Securities trading, including those involving stocks, bonds and options highlighted by Opinicus and its personnel, is an inherently risky activity. Traders must do their own research, and understand all the risks involved in any transaction. Opinicus, while attempting to deliver accurate information, cannot and does not in any way guarantee success on any trade.

TESTIMONIALS AND RESULTS DISCLAIMER

The testimonials and examples used in our marketing materials, including but not limited to our website, emails, videos, and social media, are exceptional results and are not intended to represent or guarantee that anyone will achieve the same or similar results.

Each individual's success depends on many factors, including but not limited to their background, dedication, market conditions, starting capital, risk tolerance, and ability to follow instructions. Trading is inherently risky, and the majority of traders lose money.

The testimonials on our website are from actual traders and students; however, they may not be representative of all people who use our products or services. The testimonials are not paid or scripted. They may have been edited for clarity or brevity.

Specific dollar amounts, percentages, or trading results mentioned in testimonials should be considered extraordinary and outside the normal expected results. A typical trader should expect to experience losses, especially when beginning. We cannot and do not make any guarantees about your ability to get results or earn any money with our ideas, information, programs, or strategies.

Any forward-looking statements outlined on our website, in our products, or on our marketing materials are simply our expectations or forecasts for future potential, and thus are not guarantees or promises for actual performance. These statements are simply our opinion.

GENERAL TERMS

The opinions and ideas presented by Opinicus are for informational and educational purposes only and should not be construed to represent trading or investment advice. None of the information contained herein constitutes a recommendation that any particular security, portfolio, transaction, or investment strategy is suitable for any specific person. Opinicus does not advise anyone concerning the nature, potential, value or suitability of any particular security, portfolio, transaction, investment strategy or other matter. As such, subscribers agree that under no circumstances will Opinicus, or any employee, officer, director, shareholder or contractor of Opinicus be held liable for any loss or damage caused by any person's reliance on information obtained from any Media Channel, including, but not limited to, any articles, videos or other materials created, produced or reproduced by Opinicus. Option trading and investing involves risk and is not suitable for all investors.

All opinions are based upon information and systems considered reliable, but Opinicus does not warrant its completeness or accuracy, and such information should not be relied upon as such. Opinicus is under no obligation to update or correct any information provided through any Media Channel. All statements and opinions are subject to change without notice.

Past performance is not indicative of future results. Opinicus does not, will not and cannot guarantee any specific outcome or profit. All traders and investors must be aware of the real risk of loss in following any strategy or investment discussed through any Media Channel. Investments discussed may fluctuate in price or value making any given strategy inappropriate or unprofitable due to market fluctuations. Opinicus does not know, nor can it take into account the particular investment objectives, financial situation or needs of any trader or investor using any Opinicus Media Channel. No investment strategy or investment strategy is ever intended as recommendations appropriate for any single investor. All users must make independent decisions regarding investments or strategies mentioned on any Media Channel and seek independent financial advice from a qualified individual or institution specializing in financial advice and knowledgeable about securities trading.

DATA PRIVACY AND COMMUNICATIONS

Collection and Use of Information: Opinicus Holdings, LLC collects various types of information from Users, including but not limited to:

  1. Personal information provided during registration (name, email, contact information)

  2. Payment information processed through our payment processors

  3. Usage data related to our services and websites

  4. Communications between User and Opinicus

  5. Trading information, examples, questions, and content shared within our services

Use of User Content: By posting, sharing, or submitting any content, questions, trading examples, or communications within the Trader's Thinktank®, Trading Mentorship Group, or any other Opinicus service or platform, User grants Opinicus a perpetual, worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, and distribute such content for marketing, educational, and promotional purposes. This includes, but is not limited to:

  1. Using trading examples or questions in educational materials

  2. Publishing testimonials or success stories

  3. Featuring user questions or insights in marketing materials

  4. Sharing anonymized trading results or strategies

User Identity Protection: When using User content for marketing purposes, Opinicus will take reasonable measures to protect User's identity by:

  1. Using only first names or initials unless explicit permission is granted

  2. Removing or obscuring personally identifiable account information

  3. Obtaining explicit permission before using full names or identifiable photographs

Opt-Out Procedures: Users may opt out of having their content used for marketing purposes by:

  1. Sending a written request to our contact form.

  2. Including specific details about what content they wish to exclude

  3. Note that opt-out requests apply only to future use and may not affect materials already published

Marketing Communications: By using any Opinicus service, User consents to receive:

  1. Service-related communications essential to the delivery of services

  2. Marketing communications about products, offers, and promotions

  3. Educational content and newsletters

Users may opt out of marketing communications at any time by:

  1. Using the unsubscribe link provided in all marketing emails

  2. Adjusting communication preferences in their account settings

  3. Contacting customer support

Please note that even after opting out of marketing communications, Users will continue to receive transactional and service-related messages essential to their service.

Third-Party Services: Opinicus may use third-party services for payment processing, analytics, email delivery, and other functions. Information shared with these services is subject to their respective privacy policies.

Data Security: Opinicus implements reasonable security measures to protect User information but cannot guarantee absolute security. Users are responsible for maintaining the confidentiality of their account credentials.

Changes to Privacy Practices: Opinicus reserves the right to modify these privacy practices at any time. Changes will be effective immediately upon posting to our website or notification to Users.

DIGITAL CONTENT PROTECTION

Strict Prohibition Against Content Sharing: All content provided by Opinicus Holdings, LLC, including but not limited to livestreams, videos, courses, webinars, documents, presentations, trade setups, strategies, methodologies, and communications within any platform or service is strictly protected and subject to the following terms:

  1. Prohibited Activities: User is expressly forbidden from: a. Recording any livestream, webinar, or video content b. Taking screenshots of any content c. Sharing access credentials with any third party d. Distributing, publishing, or transmitting any content to non-subscribers through any means e. Creating derivative works based on Opinicus content f. Downloading, storing, or archiving content beyond personal use purposes g. Posting or sharing content on social media, forums, messaging apps, or other platforms

  2. Immediate Consequences for Violations: a. Any violation of these prohibitions constitutes a material breach of these Terms b. Violations will result in immediate and permanent termination of access to all Opinicus services c. No refunds will be provided in cases of termination due to content protection violations d. Opinicus reserves the right to pursue legal action for copyright infringement, breach of contract, and other applicable causes of action

  3. Monitoring and Enforcement: a. Opinicus employs various technical measures to detect unauthorized recording, sharing, or distribution b. Content may contain digital watermarks or other tracking methods c. Opinicus actively monitors external platforms for unauthorized sharing d. Users are encouraged to report any suspected violations

  4. Liquidated Damages: a. Due to the difficulty in calculating actual damages from unauthorized sharing, User agrees to pay liquidated damages in the amount of $10,000 per violation b. This amount represents a reasonable estimate of the harm caused by unauthorized distribution, not a penalty c. User acknowledges that each instance of unauthorized sharing may reach numerous potential customers and significantly damage Opinicus's business

  5. Legal Fees and Costs: a. In the event of any violation, User shall be responsible for all legal fees, court costs, and expenses incurred by Opinicus in enforcing these terms

By accessing any Opinicus content, User acknowledges the proprietary nature of the materials and the serious harm that can result from unauthorized sharing.

GUARANTEE TERMS AND DEFINITIONS

For Opinicus Holdings One-on-One Trading Coaching & Mentoring program's "Until You Succeed" guarantee, the following terms apply:

  1. Definition of Success: Due to the high failure rate in the trading industry, "success" and "consistent profitability" are defined as maintaining a net positive trading account (any amount above $0) while actively trading on a daily or near-daily basis for a consecutive period of 1-2 months.

  2. Requirements: This guarantee is contingent upon: a. Full participation in all coaching sessions b. Completion of all assigned tasks and homework c. Strict adherence to the risk management protocols taught in the program d. Maintaining comprehensive trading records and journals

  3. Documentation: If invoking this guarantee, client must provide documented evidence of: a. Trading activity records b. Implementation of strategies taught c. Adherence to risk management guidelines

  4. Time Limitation: Additional support under this guarantee will extend for up to six months from program completion date.

  5. Exclusions: This guarantee becomes void if: a. Client fails to attend scheduled sessions b. Client does not implement strategies as taught c. Client violates risk management protocols d. Client cannot provide documentation of trading activity

REFUND POLICY

General Policy: All sales are final and non-refundable. User acknowledges responsibility to read full product descriptions and understand the Services, limitations, and disclaimers associated with the Service before tendering any payment.

Trader's Thinktank® and Trading Mentorship Group: These subscription services are strictly non-refundable. Upon payment, User will have immediate access to proprietary information with which User can obtain information and education, and receive immediate value.

Two Hour Trader Course Exception: For the Two Hour Trader course only, a refund may be issued solely under the following conditions:

  1. User must have purchased the course directly from Opinicus Holdings, LLC

  2. User must provide documented evidence demonstrating: a. Completion of the entire course b. Implementation of the strategy exactly as taught for at least 30 trading days c. Detailed trading journal showing execution of the strategy d. Account statements verifying trades placed and results

  3. Documentation must clearly show that the strategy, when implemented exactly as taught, did not achieve breakeven or better results

  4. Refund requests must be submitted within 90 days of purchase

Opinicus reserves the sole right to determine if sufficient evidence has been provided to warrant a refund. Alternatively, at Opinicus' discretion, a one-on-one consultation may be offered in lieu of a refund to address implementation issues.

Cancellation of Recurring Subscriptions: Users wishing to cancel recurring subscriptions must do so prior to the next billing date via their payment account (e.g., PayPal). A cancellation will be effective at the end of the monthly subscription cycle during which User cancels.

Upon cancellation of any service, User will be denied further access to Opinicus Services, and Opinicus will have no obligation to return any portion of the subscription fees paid prior to cancellation.

DISPUTE RESOLUTION

Mandatory Pre-Litigation Process: Before initiating any legal proceeding against Opinicus Holdings, LLC, User must:

  1. Notification Requirement: a. Send a detailed written notice to Opinicus at kyle@opinicusholdings.com describing the dispute b. Include specific facts, dates, services involved, and the exact nature of the complaint c. Specify the remedy sought and provide any supporting documentation

  2. Cooling-Off Period: a. Allow Opinicus 30 business days to investigate and respond to the complaint b. Participate in good faith discussions to resolve the matter informally c. Consider reasonable settlement offers or compromises

  3. Mediation Requirement: a. If direct resolution fails, participate in a single 4-hour mediation session with a mutually agreed-upon mediator b. Share mediation costs equally unless otherwise agreed c. Conduct mediation in Dallas, Texas or via videoconference

Binding Arbitration Agreement: If the dispute cannot be resolved through the pre-litigation process, any controversy or claim arising out of or relating to these Terms shall be settled by binding arbitration in accordance with the following terms:

  1. Arbitration Rules and Forum: a. Arbitration shall be conducted through JAMS under its Streamlined Arbitration Rules b. Arbitration shall take place in Dallas, Texas or via videoconference c. One arbitrator shall preside over the proceedings

  2. Scope of Arbitration: a. All disputes related to these Terms, including its validity, interpretation, and scope b. All aspects of the relationship between User and Opinicus c. Claims related to marketing, services, communications, or billing

  3. Class Action Waiver: a. User waives any right to participate in class or collective arbitrations or actions b. All proceedings will be conducted only on an individual basis c. No court may consolidate more than one person's claims or preside over any class proceeding

  4. Cost Allocation: a. Filing and administrative fees shall be paid according to JAMS rules b. Arbitrator's fees shall be shared equally unless the arbitrator determines otherwise c. Each party shall bear their own attorney's fees unless the arbitrator awards them to the prevailing party

  5. Judgment on Award: a. The arbitrator's decision shall be final and binding b. Judgment on the arbitrator's award may be entered in any court of competent jurisdiction

  6. Exceptions: a. Either party may seek injunctive relief in court for intellectual property violations b. Small claims court matters under applicable jurisdictional limits are excluded

  7. Survival: a. This arbitration provision shall survive termination of these Terms

Governing Law and Venue: These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles. For any court proceedings not subject to arbitration, the parties consent to exclusive jurisdiction and venue in the federal or state courts located in Dallas, Texas.

Limitation Period: Any cause of action arising out of or related to these Terms must commence within one (1) year after the cause of action accrues; otherwise, such cause of action is permanently barred.

Owners, employees, directors, shareholders, officers, agents or representatives of Opinicus may have interests or positions in securities of any company profiled through any Media Channel. Specifically, such individuals or entities may buy or sell positions, and may or may not follow the information provided on any Media Channel. Some or all of the positions may have been acquired prior to the publication of such information, and such positions may increase or decrease at any time. Any opinions expressed and/or information are statements of judgment as of the date of publication /or/ circulation on the website, and such opinions and/or information are subject to change without further notice. Any such change may not necessarily be published in any Media Channel and Opinicus assumes no duty to retract, correct or otherwise modify any statement it has previously made about any security, option or strategy it has profiled, highlighted or recommended on any Media Channel. None of the materials or advertisements herein constitute offers or solicitations to purchase or sell securities of the company profiled herein.

Day trading, short term trading, options trading, and futures trading are extremely risky undertakings. They generally are not appropriate for someone with limited capital, little or no trading experience, and/ or a low tolerance for risk. Never execute a trade unless you can afford to and are prepared to lose your entire investment. In addition, certain trades may result in a loss greater than your entire investment. Always perform your own due diligence and, as appropriate, make informed decisions with the help of a licensed financial professional.

Commissions, fees and other costs associated with investing or trading may vary from broker to broker. All investors and traders are advised to speak with their stock broker or investment adviser about these costs. Be aware that certain trades that may be profitable for some may not be profitable for others, after taking into account these costs. In certain markets, investors and traders may not always be able to buy or sell a position at the price discussed, and consequently not be able to take advantage of certain trades discussed herein.

Be sure to read the OCC's Characteristics and Risks of Standardized Options to learn more about options trading.

LEGAL NOTICE

Opinicus Holdings, LLC does not give individualized stock market advice. It publishes information regarding companies in which it believes its subscribers may be interested and its reports reflect its analysts' best opinions, based in the information, knowledge and experience available at the time the opinion is made. No opinion or recommendation is intended to be a personalized recommendation to buy, hold, or sell securities. Investments in the securities markets, and especially in options, are speculative and involve substantial risk. Investors and traders are advised to determine their individual appropriate level of risk. Prior to buying or selling an option, an investor must have a copy of Characteristics and Risks of Standardized Options. The booklet is available on The Options Clearing Corporation's (OCC) website at http://www.optionsclearing.com/about/publications/character-risks.jsp. This link reference is provided as a courtesy and does not imply that the OCC is endorsing Opinicus or its products. This booklet is also available for free from your broker or from any of the U.S. options exchanges.

Opinicus encourages all users, traders and investors to invest carefully and to utilize the information available at the websites of the Securities and Exchange Commission at http://www.sec.gov and the Financial Industry Regulatory Authority at http://www.FINRA.org. Public companies' filings are available at the SEC's EDGAR page. The FINRA has published information on how to invest carefully at its website. We encourage all persons to get personal advice from a professional investment advisor or to make independent investigations before acting on information that Opinicus publishes. Most of our information is derived directly from information published by the companies on which Opinicus reports and/or from other sources believed to be reliable, without our independent verification. Therefore, Opinicus cannot assure any person that the information is accurate or complete. Opinicus does not in any way warrant or guarantee the success of any action which taken in reliance on its statements.

U.S. Government Required Disclaimer – Commodity Futures Trading Commission

Futures and Options trading 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 invest in the futures and options markets. Don't trade with money you can't afford to lose. This is neither a solicitation nor an offer to Buy/Sell futures or options. No representation is being made that any account will or is likely to achieve profits or losses similar to those discussed on this web site. The past performance of any trading system or methodology is not necessarily indicative of future results.

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. All trades, patterns, charts, systems, etc., discussed in this advertisement and the product materials are for illustrative purposes only and not to be construed as specific advisory recommendations.

To the fullest extent of the law, we will not be liable to any person or entity for the quality, accuracy, completeness, reliability, or timeliness of the information provided on this website, or for any direct, indirect, consequential, incidental, special or punitive damages that may arise out of the use of information we provide to any person or entity (including, but not limited to, lost profits, loss of opportunities, trading losses, and damages that may result from any inaccuracy or incompleteness of this information).

We encourage you to invest carefully and read investment information available at the websites of the SEC at http://www.sec.gov and FINRA at http://www.finra.org.

IMPORTANT NOTICES AND DISCLAIMERS

All persons and entities (including their representatives, agents, and affiliates) contributing to the content on this website are not providing investment or legal advice. Nor are they making recommendations with respect to the advisability of investing in, purchasing or selling securities, nor are they rendering any advice on the basis of the specific investment situation of any particular person or entity. All information on this website is strictly informational and is not to be construed as advocating, promoting or advertising registered or unregistered investments of any kind whatsoever. The information provided on this website is provided "as-is" and is not guaranteed to be correct, complete, or current. The sole purpose of this website (including, but not limited to, the contents of this website and any oral or written presentation made in any way referring to or relating to this website) is to provide information which could possibly be used by a person or entity in discussions with his/her/its investment advisors and/or investment decision makers and does not function as a substitute for the advice of an investment advisor. Opinicus advises all persons to consult with trusted, qualified financial professionals before making any investment or trading decisions.

Opinicus is not responsible for the accuracy of any information on any Media Channel or for reviewing the contents of the listings that are provided by the listees or any linked websites, and Opinicus is not responsible for any material or information contained in the linked websites or provided by listees. Opinicus makes no warranty, express or implied, about the accuracy or reliability of the information on this website or on any other website to which this website is linked. Any use of information provided by Opinicus is at such user's own risk. Opinicus may provide links to other websites, and users understand that any such information is not owned, recommended, vetted or otherwise controlled by Opinicus, and any use of such information is at the user's own risk, as it is independent and apart from Opinicus. Opinicus does not endorse any other sources of investment, trading, securities and/or options advice, and is not responsible for the contents or availability of such linked websites. These links are provided only as a convenience. Opinicus is not responsible for any loss, injury, claim, liability, or damage related to your use of this website any website linked to this website, or any Media Channel whether from errors or omissions in the content of its website or any other linked websites (e.g., injury resulting from the website being down or from any other use of the website).

IF YOU DO NOT AGREE WITH THE TERMS OF THIS DISCLAIMER, PLEASE EXIT THIS SITE IMMEDIATELY. PLEASE BE ADVISED THAT YOUR CONTINUED USE OF THIS SITE OR THE INFORMATION PROVIDED HEREIN SHALL INDICATE YOUR CONSENT AND AGREEMENT TO THESE TERMS.