Terms & Conditions

 1.  Notice/Acceptance of Terms

This Terms of Use Agreement (the “Agreement”) is an agreement between you and Beyond the Chart LLC (the “Company”, “we”, “us”, “our”). Company operates the website found at the address powerswingtradingusingoptions.com (the “Site”).  The Site’s primary purpose is to provide access to and delivery of  PowerSwingtradingusingOptions, the (“Course”).

This Agreement governs your use of the Site. Company is willing to provide access to the Site only on the condition that you accept all of the terms and conditions (the “Terms”) contained in this Agreement. By purchasing the Course, you agree to comply with and be bound by these Terms. We reserve the right at any time to modify the Terms or change the Site.

 2.  Refund Policy

There is a 30 day refund policy for the course.  You must contact me via email within 30 days of purchase requesting the refund.  If you paid for the course in full, downloading of video and audio files, as well as pdf versions of the slides, will be made available after the refund time frame window has passed. If you purchased the course on the payment plan, downloading of video and audio files, as well as pdf versions of the slides will be made available after all payments have been made.  The 30 day refund policy covers purchases made either in-full or via the payment plan.

3. Risk Disclaimer

The information and the Course offered by Company are intended to familiarize and educate you in historical performance and/or techniques and/or analysis of various strategies of trading stocks and options. The information and instruction is not intended, and should not be implied to intend, as any assurance that any profit level, or any profits shall be attained or realized as a result of the Course.

The Company is not a broker or dealer, or a member of any stock exchange or other security exchange and is not registered with any regulatory agency. The services provided by the Company are for educational purposes only. The Company assumes no responsibility, obligation or liability for any loss or expense which may be incurred as a result of the Course or the utilization of any information and or techniques resulting therefrom. Each person must make their own trading decisions based on many factors.

Options trading may not be suitable for all investors.  Before deciding to trade options you should carefully consider your investment objectives, level of experience and risk appetite. Options trading involves risk and one may lose all or part of their investment.

By accepting this agreement you acknowledge and agree:

  1. that the Company has not made nor will you hereafter claim or construe that the Company has made any representations, or warranties of any kind whatsoever that your trading activities will result in any profits.
  1. that you acknowledge and agree that all trading decisions that you may hereafter elect to make shall have been by means of your sole determination, and shall not have been by means of the assistance of the Company.
  1. that the Company has recommended that you consult with a financial professional before beginning any trading program.

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.

4.  Access to the Site

In order to use the Site, you must obtain access to the World Wide Web, either directly or through devices that access Web-based content and pay any service fees associated with such access. System availability and access to the services available on this Site may be limited or unavailable for reasons which may include, without limitation, system performance. Company makes no representations, warranties or assurances as to the availability of the Site.

5.  Ownership and Restrictions on Use

You may not print, download and use the underlying HTML, text, audio clips, video clips and other content that is made available to you on this Site, for other than your personal information.

Without limiting the generality of the foregoing, you may not:

  1. include such content in or with any product or service that you create or distribute;
  2. reproduce, duplicate, copy, sell, rent, resell or exploit for any commercial purposes any portion of the Site, use of the Site, or access to the Site;
  3. establish: (i) a hyperlink, including a deep link, to any page or location on the Site; or (ii) a frame containing any portion of the Site, on any other Web site or text document with hyperlink capabilities without the express written permission of the Company;
  4. copy such content onto your or any other Web site or publication; or
  5. direct any other person to do any of the foregoing;
  6. share your logon password and user name.

Nothing in this Agreement shall be construed as conferring any right under any intellectual property of Company, its affiliates or any other person or entity owning the intellectual property in the content provided on this Site

6.  Intellectual Property

All Company trademarks that appear on the Site are the exclusive property of Company. The trademarks, trade names, trade dress and associated products and services represented on this Site are protected under United States and international law and their display on this Site does not convey or create any license or other rights in these trademarks, trade names, trade dress and associated products and services. Any use of them without prior written authorization of Company or the relevant trademark owner is strictly prohibited.

Any third party trademarks mentioned on this Site which are not those of Company are the trademarks of their respective owners. The display of these trademarks or trade names on this Site does not convey or create any license or other rights in these trademarks or trade names. Any unauthorized use of those third party trademarks is strictly prohibited.

Any unauthorized copying, redistribution, reproduction or modification of the contents of this Site by any person may be a violation of federal, state or common law trademark and/or copyright laws, and can subject you to civil or even criminal liability.

7.  Modifications to Site

Company reserves the right to modify, suspend or discontinue, temporarily or permanently, the Site (or any part thereof) from time to time, for any or no reason and without notice. You agree that Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site. The information and materials contained on the Site are subject to change. Company endeavors to keep the information posted on this Site current, however, such information is subject to change at any time.

8.  Disclaimer of Warranties

Except as expressly provided otherwise, Company disclaims any and all responsibility or liability for the timeliness, sequence, quality, accuracy, content, completeness, legality, reliability, operability or availability of information or material contained on the Site. The Site may contain inaccuracies or typographical errors. Company disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material in respect of the Site or the use thereof.

Any communications sent to you via this Site or otherwise from Company (including, without limitation, in the form of newsletters, electronic mail or via telephone), and the contents of this Site (including, without limitation, any technology, financial, or investment information) are provided for informational and educational purposes only and are not intended to provide legal, investment or financial advice and should not be relied upon in that regard. Your financial circumstances are unique. Therefore, you should independently consult a financial advisor.

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE HEREIN OR IN AN APPLICABLE SUPPLEMENTAL AGREEMENT, COMPANY AND ITS DATA PROVIDERS WILL USE REASONABLE EFFORTS TO INCLUDE UP-TO-DATE AND ACCURATE INFORMATION IN THIS SITE, BUT ALL INFORMATION, PRODUCTS AND SERVICES OFFERED ON THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED. COMPANY AND ITS DATA PROVIDERS DISCLAIM ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE TECHNOLOGY, PRODUCTS AND SERVICES OFFERED ON THE SITE. COMPANY AND ITS DATA PROVIDERS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE SITE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE SITE OR THROUGH ANY LINKS PROVIDED ON THE SITE.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY CLAIMS, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA, THAT RESULTS FROM DOWNLOADING OR OTHERWISE OBTAINING SUCH MATERIAL.

9. Limitation of Liability

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE HEREIN OR IN AN APPLICABLE SUPPLEMENTAL AGREEMENT, IN NO EVENT SHALL COMPANY, ANY OF COMPANY’S AFFILIATES, SUBSIDIARIES OR DATA PROVIDERS, OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, DELIVERING OR MANAGING THE CONTENT OF THIS SITE (COLLECTIVELY THE “SITE PROVIDERS”), BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CLAIMS WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST REVENUES, LOST PROFITS, LOST OPPORTUNITIES, LOSS OF PROSPECTIVE ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SITE, ANY COMMUNICATIONS SENT TO YOU VIA THIS SITE OR OTHERWISE FROM COMPANY (INCLUDING, WITHOUT LIMITATION, IN THE FORM OF ELECTRONIC MAIL OR VIA TELEPHONE), OR INFORMATION AVAILABLE FROM THIS SITE, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES SUFFERED AS A RESULT OF OMISSIONS OR INACCURACIES IN SUCH INFORMATION, THE TRANSMISSION OF CONFIDENTIAL OR SENSITIVE INFORMATION TO FROM THE SITE PROVIDERS, AND INCONVENIENCE, DELAY OR LOSS OF USE OF THE SERVICE, EVEN IF ANY ONE OF OR ALL OF THE SITE PROVIDERS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, THE SITE PROVIDERS ASSUME NO LIABILITY OR RESPONSIBILITY FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY ARISING FROM ANY USE OF ANY PRODUCT, INFORMATION, IDEA, OR INSTRUCTION CONTAINED IN THE CONTENT OF THIS SITE.

10.  Miscellaneous

  1. Governing Law. This Agreement shall be governed by the laws of the State of Texas, without regard to choice of law principles. You agree to submit yourself to the personal jurisdiction of the courts in the State of Texas.
  2. If any part of this Agreement is held invalid or unenforceable, that part is interpreted consistent with applicable laws as nearly as possible to reflect the original intentions of the parties and the rest of the Agreement remains in full force and effect.

Please Contact Us if you have any questions regarding these terms.