Subscription Agreement

This subscription agreement ("Agreement") is made by and between Opinicus Holdings, LLC., ("Opinicus"), and you ("Subscriber"). Subscriber must accept this Agreement in its entirety as a condition to receiving the subscribed for Service (as defined below). As of the date you subscribe for and enroll in the Service, the parties agree as follows:

Opinicus agrees to provide a Service to Subscriber for which Subscriber agrees to pay in accordance with this Agreement. Subscriber acknowledges the numerous risk disclaimers in this Agreement and agrees to the terms of use of the Opinicus website and related services. Subscriber will be given access to the Service upon receipt of the subscription fee by Opinicus.

The term "Service" means the live Traders Thinktank® or subscription service for which Subscriber has subscribed, as the case may be, and determined in accordance with the terms hereof. The Service includes all corresponding services, access, offers, or products that apply to that particular subscription type.

TERMS OF USE OF OUR WEBSITES, MEDIA CHANNELS AND TECHNOLOGY

Subscriber agrees to pay the subscription fee for the Service, which will be billed at the listed price currently in effect or at a previously approved and agreed upon pricing. Subscriber agrees to take all necessary steps to authorize monthly credit card payments or an Opinicus-approved alternative payment method in consideration for the Service. Opinicus, upon 30 days notice to Subscriber, reserves the right to modify its pricing.

The information distributed through the Service or contained in Opinicus' website is provided for the convenience and sole use of its subscribers, and is furnished without responsibility for its accuracy. A complete list of disclaimers is here and is incorporated into this agreement by reference. Opinicus is not responsible for any loss or damage that could or may result from any information made available to Subscriber or relied upon by Subscriber that may prove to be inaccurate or deficient.

DISCLOSURES

Opinicus, its principals, officers, and employees are not registered as investment advisers, registered representatives or commodity trading advisors. Opinicus, its principals, officers, and employees are not your investment advisers or commodity trading advisors and are not giving specific investment advice. The Service may generate trading alerts, but such trading alerts are not investment advice or to be relied upon as real-time data, quote feed or charting program.

Any performance data appearing in the materials provided to Subscriber or accessed by Subscriber pursuant to the Service may be presented as (a) historical data or (b) real-time data. Historical data involves (i) historical trade information (including, without limitation, quantity and price), (ii) the current trade information (including, without limitation, anticipated profit or loss), and (iii) trade projections (including, without limitation, value forecasts). Real-time data involves the trade information (including, without limitation, prices, profits, or losses) as it happens in real time day after day. The performance data provided through the Service may change at any time without warning due to a number of factors including, without limitation, to the updating of market data used to calculate system signals, upgrades or changes to the system code, changes to the minimum investment amount, commissions, or slippage estimates.

Gains or losses experienced by investors will vary depending on many factors, including, without limitation, timely order entry, execution, market forces, whether or not all trading alerts are utilized in the specified system, the duration of trades, money management, and risk techniques.

In light of the fact that the Service may present hypothetical performance results, please be advised that:

HYPOTHETICAL PERFORMANCE RESULTS HAVE MANY INHERENT LIMITATIONS, SOME OF WHICH ARE DESCRIBED BELOW. NO REPRESENTATION IS BEING MADE THAT ANY ACCOUNT WILL OR IS LIKELY TO ACHIEVE PROFITS OR LOSSES SIMILAR TO THOSE SHOWN. IN FACT, THERE ARE FREQUENTLY SHARP DIFFERENCES BETWEEN HYPOTHETICAL PERFORMANCE RESULTS AND THE ACTUAL RESULTS SUBSEQUENTLY ACHIEVED BY ANY PARTICULAR TRADING PROGRAM. ONE OF THE LIMITATIONS OF HYPOTHETICAL PERFORMANCE RESULTS IS THAT THEY ARE GENERALLY PREPARED WITH THE BENEFIT OF HINDSIGHT. IN ADDITION, HYPOTHETICAL TRADING DOES NOT INVOLVE FINANCIAL RISK. NO HYPOTHETICAL TRADING RECORD CAN COMPLETELY ACCOUNT FOR THE IMPACT OF FINANCIAL RISK OF ACTUAL TRADING. FOR EXAMPLE, THE ABILITY TO WITHSTAND LOSSES OR TO ADHERE TO A PARTICULAR TRADING PROGRAM IN SPITE OF TRADING LOSSES ARE MATERIAL POINTS THAT CAN ADVERSELY AFFECT ACTUAL TRADING RESULTS. THERE ARE OTHER FACTORS RELATED TO (A) THE MARKETS IN GENERAL OR (B) THE IMPLEMENTATION OF ANY SPECIFIC TRADING PROGRAM WHICH CANNOT BE FULLY ACCOUNTED FOR IN THE PREPARATION OF HYPOTHETICAL PERFORMANCE RESULTS AND ALL OF WHICH CAN ADVERSELY AFFECT TRADING RESULTS.

Trading involves a substantial risk of loss that may lead to a loss of some or all of your money. Trading is not appropriate for everyone. Subscriber should carefully consider his or her financial condition before trading, and should only trade with risk capital or money he or she can afford to lose. Opinicus has no financial interest in the outcome of any trade by Subscriber. Subscriber needs to determine Subscriber's own suitability to trade.

While there is a potential for reward when trading financial products including, without limitation, futures, options on futures, equities and equity options, there is also substantial risk of loss associated with trading. Past performance is not indicative of future trading results. Trading results can never be guaranteed. Day trading is high-risk and speculative in nature, and is not suitable for most people.

THIRD-PARTY SERVICES AND LINKS

Opinicus is not responsible for the contents of any third-party services and does not assume any responsibility for or make any representations, guarantees, or warranties whatsoever, expressed or implied, as to the accuracy, suitability, profitability, reliability, or appropriateness of the third-party services. Subscriber agrees that Opinicus shall not be liable for such third-party services and to hold Opinicus harmless in any dispute or claim whatsoever that Subscriber may have related to or concerning such third-party services.

Subscriber acknowledges and agree that access to third-party services are regulated by this Agreement, and may also be regulated by terms, conditions, or agreements of such third-parties or other policies governing the third-party services. It is your responsibility to read and be informed about the terms and conditions and any other policies of such third parties as they relate to the subscription, products, services or information you request. Any questions related to such third-party services should be directed to the third-party service provider.

TRADING ALERTS DISCLAIMER

The Service is for educational purposes only and is not and should not be construed as an offer to buy or sell any financial product including, without limitation futures, options on futures, equities or equity options. Subscriber agrees that this is not an advisory service. All of the Opinicus-provided information and services including, without limitation, the Service are for educational use only. Opinicus does not provide specific investment advice nor promote the buying nor selling of any specific financial product.

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.

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

ONE-ON-ONE COACHING CLIENT RESPONSIBILITIES

This section applies specifically to subscribers of Opinicus Holdings' One-on-One Trading Coaching & Mentoring program. By enrolling in this program, Client acknowledges and agrees to the following responsibilities:

Record-Keeping and Trade Documentation:

1. Opinicus provides a trade log template to all One-on-One clients. Client is solely responsible for maintaining accurate and timely records of all trades in this log.

2. Failure to maintain proper trading records may invalidate eligibility for guarantees, additional support, or continued coaching.

3. Trading records may be required to demonstrate implementation of strategies when requesting support or invoking the "Until You Succeed" guarantee.

Downloadable Materials and Content:

1. Client is responsible for downloading and saving all materials provided during the coaching relationship.

2. Opinicus does not guarantee ongoing availability of downloadable materials after they have been initially provided.

3. It is strongly recommended that Client download and securely store all materials on their own devices immediately upon receiving access.

4. Opinicus is not obligated to re-provide materials that were previously made available for download.

Participation Requirements:

1. Client is expected to attend all scheduled coaching sessions or provide at least 24 hours notice for rescheduling.

2. Client must complete all assigned homework, exercises, and practice activities between sessions.

3. Active engagement is required, including asking questions when clarification is needed.

4. Missed sessions without proper notice may be forfeited without replacement.

Implementation of Strategies:

1. Client is responsible for implementing strategies exactly as taught to experience intended results.

2. Modification of strategies without guidance may invalidate any guarantees or support obligations.

3. Client must follow all risk management guidelines provided in the program.

Technical Requirements:

1. Client is responsible for maintaining adequate internet connection, hardware, and software to access coaching sessions.

2. Technical issues on Client's end do not entitle Client to refunds or makeup sessions.

3. Client should test all systems prior to scheduled coaching sessions.

Intellectual Property Protection:

1. Client must not share, distribute, or resell any materials provided.

2. Recording of coaching sessions is prohibited without express written permission.

Communication Responsibilities:

1. Client must keep contact information current and monitor the email address provided during registration.

2. Client agrees to respond to coach communications in a timely manner.

Client acknowledges that failure to fulfill these responsibilities may result in diminished results, termination of services without refund, or ineligibility for guarantees or additional support.

WAIVER AND LIMITATION OF LIABILITY

Subscriber agrees that access to and use of information contained in the Service is at Subscriber's risk and Subscriber agrees that no claim shall be alleged or asserted against Opinicus or anyone affiliated therewith based on any allegation or contention that any of the information was deficient, misleading, or inaccurate. Subscriber assumes the duty to verify the accuracy, applicability and suitability of any information, opinion or strategy Subscriber learns through an Opinicus channel. Subscriber assumes full liability for all trading risks and losses related to the use of any Opinicus-provided information or service.

THE SERVICE AND ALL THE INFORMATION, SOFTWARE, CONTENT, AND PRODUCTS AVAILABLE FROM Opinicus ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS, WITH NO WARRANTIES OF ANY KIND. Opinicus EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT). Opinicus DISCLAIMS ANY WARRANTY THAT THE SERVICE WILL ALWAYS BE ACCESSIBLE OR OPERATIONAL, THAT THE INFORMATION PROVIDED IS ACCURATE, RELIABLE OR CORRECT, AND THAT ANY ERRORS WILL BE CORRECTED.

YOUR ONLY OTHER REMEDY FOR DISSATISFACTION WITH THE SERVICE, Opinicus-RELATED SERVICES, CONTENT, OR INFORMATION BY Opinicus IS TO STOP USING ANY SERVICES Opinicus PROVIDES THROUGH ANY MEDIA CHANNEL, INCLUDING, BUT NOT LIMITED TO THE INTERNET SITE, AND THE SERVICE OFFERED OR PROVIDED AND TO CANCEL ANY SUBSCRIPTION. SUSBSCRIBER SHALL NOT BE ENTITLED TO ANY REFUND OF ANY FEES PAID FOR ANY SUBSCRIPTION. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

To the extent permitted by applicable law, the liability of Opinicus and its principals, affiliates, employees, officers, directors, shareholders or arising under this Agreement is limited to direct damages up to the amount Subscriber paid for the Service giving rise to that liability during the prior twelve (12) months. In the case of Opinicus services or products that are provided free of charge, the combined liability of Opinicus and its principals, affiliates, employees, or officers to Subscriber arising under this Agreement is limited to One Thousand United States Dollars ($1,000 USD). These limitations apply regardless of whether the liability is based on breach of contract, tort (including, without limitation, negligence), breach of warranties, strict liability, or any other legal theory.

To the extent permitted by applicable law, whatever the legal basis for the claim, neither party, nor any of its principals, affiliates, employees, or officers, will be liable for any indirect, consequential, special or incidental damages, or damages for lost profits or revenues, business interruption, or loss of business information arising in connection with this Agreement or the Service, even if such possibility was reasonably foreseeable. This exclusion does not apply to either party's liability to the other for violation of its confidentiality obligations or intellectual property rights.

Any information presented through the Service or by Opinicus includes information from sources believed to be reliable and accurate as of the date of its publication, but no independent verification has been made and Opinicus does not guarantee its accuracy or completeness, and are subject to change due to factors beyond Opinicus ability to control. Any expressed opinions are subject to change without notice. Any reliance on such information is at Subscriber's sole risk.

YOUR LIMITED USER LICENSE

In return for your compliance with all the terms of this Agreement and payment of all applicable subscription fees, and subject to the restrictions noted herein, Opinicus grants Subscriber a non-exclusive, non-transferable, and limited right to access and use of the Service. These rights are (a) non-perpetual and (b) conditional on your continued compliance with the terms of this Agreement. Opinicus reserves all rights not expressly granted to you in this Agreement, including any rights by implication or otherwise.

Subscriber may not copy, sell, license, modify, distribute, reproduce, transmit, publicly display, publicly perform, publish, adapt or edit any of the materials, information or content transmitted through the Service or any derivative works from or use of the Service, in whole or in part, without prior written consent by Opinicus.

DATA PRIVACY AND COMMUNICATIONS

Collection and Use of Information: Opinicus Holdings, LLC collects various types of information from Subscribers, 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 Subscriber and Opinicus

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

Use of Subscriber 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, Subscriber 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 subscriber questions or insights in marketing materials

4. Sharing anonymized trading results or strategies

Subscriber Identity Protection: When using Subscriber content for marketing purposes, Opinicus will take reasonable measures to protect Subscriber'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: Subscribers 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 subscribing to any Opinicus service, Subscriber 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

Subscribers 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, Subscribers will continue to receive transactional and service-related messages essential to their subscription.

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 Subscriber information but cannot guarantee absolute security. Subscribers 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 Subscribers.

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: Subscriber 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 this Agreement 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. Subscribers are encouraged to report any suspected violations

4. Liquidated Damages: a. Due to the difficulty in calculating actual damages from unauthorized sharing, Subscriber 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. Subscriber 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, Subscriber shall be responsible for all legal fees, court costs, and expenses incurred by Opinicus in enforcing these terms

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

YOUR OBLIGATION TO INDEMNIFY US

Subscriber agrees to indemnify, defend and hold harmless Opinicus, its principals, affiliates, employees, officers, information providers, and suppliers from and against all claims, causes of action, suits, losses, expenses, damages and costs (including, without limitation, reasonable attorney's fees) arising out of, in connection with or relating to any violation by you of this Agreement including, without limitation, claims, directly or indirectly, resulting from or attributable to Subscriber.

ACCESS AND INTERFERENCE

You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our content including, without limitation, trading alerts, videos, web pages, and chat blogs or for any other unauthorized purpose without prior written permission by Opinicus. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper functioning of the Service including, without limitation, the Opinicus website. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure and you agree not to engage in any unauthorized framing, linking or deep-linking to Service including, without limitation, the internet site without prior written permission by Opinicus.

Subscriber is responsible for providing all personal computer and electronic equipment necessary to gain access to the Service. Access to and use of some of the products or web pages offered in accordance with the Service may be through the use of a combination of a username and password. Subscriber must keep such access information strictly confidential. Unauthorized access to the Service is a breach of this Agreement and may subject Subscriber to liability to Opinicus for damages it suffers, and Subscriber shall also be liable to Opinicus for its reasonable attorneys' fees and costs.

REFUND POLICY

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

Trader's Thinktank® and Trading Mentorship Group: These subscription services are strictly non-refundable. Upon approval of this Agreement and tendering payment, Subscriber will have immediate access to proprietary information with which Subscriber 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. Subscriber must have purchased the course directly from Opinicus Holdings, LLC

2. Subscriber 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: Subscribers 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 Subscriber cancels.

Upon cancellation of any service, Subscriber 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, Subscriber must:

1. Notification Requirement: a. Send a detailed written notice to Opinicus at [your designated email] 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 this Agreement 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 this Agreement, including its validity, interpretation, and scope b. All aspects of the relationship between Subscriber and Opinicus c. Claims related to marketing, services, communications, or billing

3. Class Action Waiver: a. Subscriber 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 this Agreement

Governing Law and Venue: This Agreement 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 [your preferred county], Texas.

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

OTHER TERMS & PROVISIONS

This Agreement and the limited license granted to you are personal to you, and may not be assigned or transferred by you to anyone else. You also agree that you will not allow anyone else to access the Service. You agree that you will be solely responsible for any liability arising from any third-party access to or use of the internet site that you permit or facilitate, negligently or otherwise. You can only access the Service from one computer or mobile device at a time (as appropriate). Subscriber explicitly agrees that Opinicus, or its authorized agents, may monitor Subscribers usage and connectivity to all Media Channels through which it offers the Service. If we detect the Service being used by more than one electronic device (e.g., computer or mobile device) under your login, we may terminate or disconnect one of the two sessions being accessed or charge your credit card or, approved alternative payment method for an additional identical subscription.

This Agreement shall be governed by and construed in accordance with Texas law, without regard to any state's choice of law rules. You agree that your use of the Service constitutes activity in Texas and for the purpose of establishing minimum contacts in Texas. You agree that any action commenced against Opinicus shall be commenced and maintained solely in the federal or state courts located in Texas. You also agree to submit and consent to the personal jurisdiction and venue of any such court in the event Opinicus commences an action against you.

If any term or provision of this Agreement is deemed by a court of competent jurisdiction to be void, invalid, unenforceable, or otherwise contrary to law, the remainder of this Agreement that can be given effect without such term or provision shall be given full effect.

Any failure by Opinicus to enforce strict performance of any provision of this Agreement will not constitute a waiver of its right subsequently to enforce such provision or any other provision of this Agreement.

MODIFICATIONS

Opinicus may modify this Agreement or the Service by providing notice of the modification by the method described in this Agreement. The modification will become effective at the end of the monthly payment cycle in which the notice is sent or seven (7) calendar days after the notice is deemed received, as set below, whichever is longer. Subscriber's continued use of the Service shall be conclusively deemed acceptance of all such modification(s).

THIRD PARTY BENEFICIARIES

This Agreement does not create any third-party beneficiary rights in any individual or entity that is not a party to this Agreement.

ENTIRE AGREEMENT

This Agreement constitutes the entire agreement concerning its subject matter and supersedes any prior or contemporaneous communications.

FORCE MAJEURE

Neither party will be liable for any failure in performance due to causes beyond either party's reasonable control including, without limitation, fire, explosion, power blackout, earthquake, cyber terrorism, severe storms, flooding, earthquake, strike, embargo, labor disputes, acts of God, acts or omissions of internet traffic carriers, acts or omissions of regulatory or governmental bodies, and war; however, this section does not apply to your payment obligations under this Agreement.

NOTICES

Any notices and requests made to Opinicus in connection with this Agreement, except for the cancellation of the subscription, must be made by email via the site's contact form at https://opinicusholdings.com/opinicus-contact-us

SUBSCRIPTION DETAILS

The Trader's Thinktank® will be limited to a maximum of 500 subscribers, and will cost $99/month. The limit is to maintain an exclusive group of traders allowing for greater content value and ensuring available liquidity for the trades.

Subscriptions are for 1 month from sign-up and can be started at any time. All subscriptions are recurring, and non-refundable.

APPROVAL, BREACH AND REMEDIES

Approval of this Agreement is a material condition to access the Services. No person shall be permitted access to the Services who have not approved this Agreement and are subject to its terms.

Any Subscriber who distributes any content received through any Media Channel, to any non-subscriber, though any means, without express permission from Opinicus will be in material breach of this Agreement. Subscriber also acknowledges that the unauthorized sharing of usernames, passwords, communications and other data attendant to the Services shall be a material breach of this Agreement. In case of a material breach, Opinicus reserves the right to terminate the breaching Subscribers' subscription terminated without refund and/or pursue liquidated damages in the amount of $5,000.00 per occurrence and its reasonable attorneys' fees. Subscriber acknowledges that Opinicus damages are difficult to calculate and that liquidated damages are offered not, as a penalty, but in lieu of actual damages.

BILLING

Under no circumstances shall subscriber be entitled to any refunds. Subscriber acknowledges responsibility to read full product descriptions and understand the Services, limitations and disclaimers associated with the Service under this Agreement before tendering any payment or approving this Agreement. Upon approval of this Agreement and tendering payment, Subscriber will have immediate access to proprietary information with which Subscriber can obtain information and education, and receive immediate value. Subscribers wishing to cancel recurring subscriptions must do so prior to the next billing date and must cancel the active subscription via his/her account.

A cancellation will be effective at the end of the monthly subscription cycle during which Subscriber cancels the subscription. Opinicus reserves the right to cancel Services in the event of any unresolved non-payment, or if Opinicus is no longer authorized to charge your credit card (or, approved alternative payment method). Upon cancellation, Subscriber will be denied further access to Opinicus Services. Opinicus will have no obligation to return any portion of the subscription fees you have paid prior to cancellation.

This Agreement, including your authorization to Opinicus to charge your credit card or, approved alternative payment method for any subscription fees will continue month-to-month until the subscription to the Service is cancelled.

PayPal is the provider of billing solutions and accepts all major credit cards and debit cards.

LEGAL

Opinicus Holdings, LLC is not a Registered Investment Advisor or registered representative and all opinions and recommendations expressed are for information purposes only, and are not to be relied upon as investment advice. Opinicus can not, and will not, guarantee success or profitability resulting from any recommendations, opinion and/or strategy. Users are expressly advised to perform their own individual due diligence. All persons using this site are advised everyone 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.

Any descriptions "to buy", "to sell", "long", "short" or any other trade related terminology should not be seen as a recommendation. The Author may or may not take positions in any of the names mentioned, and is not obligated to disclose positions, nor position sizes.

None of the Services constitutes a recommendation that any particular security, portfolio, transaction, or investment strategy is suitable for any specific person. Opinicus does not advise any individual personally 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 be held liable for any loss or damage caused by reliance on information obtained from any Opinicus Media Channel, this website, including any articles, videos or other materials. Options involve risk and are not suitable for all investors. Be sure to read the OCC's Characteristics and Risks of Standardized Options to learn more about options trading

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. Nor opinion or recommendation is intended to be a personalized recommendations 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. 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.