READ THIS ENTIRE AGREEMENT CAREFULLY
THIS AGREEMENT CONTAINS MANDATORY ARBITRATION, CLASS ACTION WAIVER, AND JURY TRIAL WAIVER PROVISIONS THAT SUBSTANTIALLY AFFECT YOUR LEGAL RIGHTS
YOU ARE AGREEING TO RESOLVE DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION AND ARE WAIVING YOUR RIGHT TO SUE IN COURT, HAVE A JURY TRIAL, OR PARTICIPATE IN CLASS ACTIONS
FTC-REQUIRED DISCLAIMERS AND RISK WARNINGS
ENTERTAINMENT AND EDUCATIONAL PURPOSES ONLY - NO INVESTMENT ADVICE
THE PROGRAM IS PROVIDED STRICTLY FOR ENTERTAINMENT AND EDUCATIONAL PURPOSES ONLY. The Company, Honest Investing Inc., doing business as Kenan Grace University, provides educational content and community access designed to help individuals obtain general trading education through entertainment-focused educational materials. Nothing within this Program, including but not limited to any courses, coaching sessions, community discussions, trade demonstrations, strategies, methodologies, or any other content whatsoever, constitutes or should be construed as personalized financial advice, investment advice, trading recommendations, or solicitations to buy or sell any securities, options, futures, currencies, or any other financial instruments. The Company expressly disclaims any intention to provide investment advice, and you acknowledge and agree that you are not receiving investment advice of any kind through your participation in this Program.
RISK WARNING – POSSIBILITY OF TOTAL LOSS
THERE IS A HIGH DEGREE OF RISK INVOLVED IN TRADING FINANCIAL INSTRUMENTS THAT CAN RESULT IN SUBSTANTIAL FINANCIAL LOSSES. Trading securities, options, futures, currencies, and other financial instruments involves significant speculative risk that may result in the complete loss of your invested capital and potentially losses exceeding your initial investment through margin calls or other mechanisms. The financial markets are inherently volatile and unpredictable, subject to rapid and substantial price movements that can result in immediate and total loss of capital.
YOU MUST BE AWARE OF THESE RISKS AND BE WILLING TO ACCEPT THEM IN ORDER TO INVEST IN ANY FINANCIAL MARKETS. DO NOT TRADE WITH MONEY YOU CANNOT AFFORD TO LOSE. DO NOT TRADE WITH BORROWED MONEY. DO NOT TRADE WITH MONEY NEEDED FOR ESSENTIAL LIVING EXPENSES.
You should carefully consider whether trading is suitable for you in light of your financial condition, risk tolerance, investment experience, and personal circumstances. The possibility exists that you could sustain a loss of some or all of your initial investment, and in some cases, losses exceeding your initial investment. Therefore, you should not invest money that you cannot afford to lose completely. Only true risk capital—money that, if lost entirely, would not affect your standard of living or financial security—should ever be allocated to trading activities.
NO GUARANTEE OF PROFITS OR SUCCESS
NO REPRESENTATION, WARRANTY, OR GUARANTEE IS BEING MADE THAT ANY TRADING STRATEGY, METHODOLOGY, SYSTEM, OR APPROACH WILL OR IS LIKELY TO GENERATE PROFITS OR ACHIEVE SUCCESS. The Company makes absolutely no representations, warranties, guarantees, or promises, express or implied, regarding your potential for income, earnings, profits, or trading success.
NO REPRESENTATION, WARRANTY, OR GUARANTEE IS BEING MADE THAT ANY TRADING STRATEGY, METHODOLOGY, SYSTEM, OR APPROACH WILL OR IS LIKELY TO GENERATE PROFITS OR ACHIEVE SUCCESS. The Company makes absolutely no representations, warranties, guarantees, or promises, express or implied, regarding your potential for income, earnings, profits, or trading success.
INDIVIDUALS WHO ATTEMPT TRADING CAN LOSE MONEY, MAY LOSE ALL OF THEIR TRADING CAPITAL, AND SOME INCUR ADDITIONAL LOSSES. PAST PERFORMANCE, WHETHER ACTUAL OR HYPOTHETICAL, IS NOT NECESSARILY INDICATIVE OF FUTURE RESULTS AND SHOULD NEVER BE RELIED UPON AS A PREDICTION OF FUTURE PERFORMANCE.
No trading strategy, regardless of past success, guarantees future profits. The past performance of any trading methodology, whether presented by the Company, its instructors, coaches, or any other party, is not necessarily indicative of future results and should not be considered a guarantee or prediction of future performance. Market conditions change, strategies that worked in the past may fail in the future, and individual results vary dramatically based on countless factors beyond anyone’s control.
RESULTS DISCLOSURE – YOUR RESULTS MAY VARY; SUCCESS REQUIRES EFFORT AND CONSISTENCY
RESULTS DISCLOSURE – SUCCESS REQUIRES EFFORT AND CONSISTENCY — ANY TESTIMONIALS, SUCCESS STORIES, OR EXAMPLES OF TRADING PROFITS REPRESENT REAL EXPERIENCES OF OUR STUDENTS. HOWEVER, THESE RESULTS ARE ONLY ACHIEVED THROUGH CONSISTENT EFFORT, DISCIPLINE, AND A WILLINGNESS TO LEARN OVER TIME. THEY ARE NOT THE RESULT OF “GET RICH QUICK” METHODS, AND YOU SHOULD NOT EXPECT PROFITS WITHOUT PUTTING IN WORK. IF YOU PUT IN THE CONSISTENT EFFORT, DISCIPLINE, AND A WILLINGNESS TO LEARN, YOU WILL INCREASE YOUR CHANCES OF SUCCESS—EVEN THEN, ALL MARKET TRADING IS RISKY AND EVEN THE BEST TRADERS CAN EXPERIENCE LOSSES DUE TO INHERENT MARKET RISK.
Many participants who dedicate themselves to studying the material, attending coaching calls, and applying strategies responsibly can achieve meaningful progress. Students who do not put in effort, skip calls, or rely only on copying trades generally do not succeed. Trading always carries risk. Some students lose money, and in some cases, participants lose all of their trading capital. Outcomes vary depending on individual effort, risk management, starting capital, market conditions, and timing, none of which can be guaranteed or replicated exactly.
Results vary significantly between individuals based on factors including but not limited to market conditions, individual skill level, risk tolerance, available capital, time devoted to learning and trading, psychological factors, and countless other variables. We provide absolutely no guarantee, warranty, or assurance that you will earn any money using any of the techniques, ideas, strategies, or information presented in our Program.
HYPOTHETICAL PERFORMANCE LIMITATIONS
HYPOTHETICAL OR SIMULATED PERFORMANCE RESULTS HAVE CERTAIN INHERENT LIMITATIONS THAT YOU MUST UNDERSTAND. Unlike actual performance records, hypothetical or simulated results do not represent actual trading and may not be impacted by real market conditions or liquidity constraints. Hypothetical trading does not involve financial risk, and no hypothetical trading record can completely account for the impact of financial risk in actual trading, including the ability to withstand losses or adhere to a particular trading program despite trading losses. These are material points that can adversely affect actual trading results. There are frequently sharp differences between hypothetical performance results and the actual results subsequently achieved by any particular trading program. The Company makes no representation that any account will or is likely to achieve profits or losses similar to any hypothetical or simulated results discussed.
NOT LICENSED FINANCIAL ADVISORS - NO REGULATORY OVERSIGHT
THE COMPANY IS NOT AN INVESTMENT ADVISOR, BROKER-DEALER, OR FINANCIAL INSTITUTION and is not registered with the U.S. Securities and Exchange Commission (SEC), the Financial Industry Regulatory Authority (FINRA), the Commodity Futures Trading Commission (CFTC), the National Futures Association (NFA), or any other financial regulatory body in any jurisdiction. Neither the Company nor any of its owners, officers, directors, employees, instructors, coaches, representatives, affiliates, or any other associated persons are licensed or registered investment advisors, broker-dealers, commodity trading advisors, financial planners, or hold any professional licenses related to providing financial or investment advice. The Company does not have the legal authority to provide investment advice, and nothing in this Program should be construed as investment advice.
ALL CONTENT IS PROVIDED STRICTLY FOR ENTERTAINMENT AND GENERAL EDUCATIONAL PURPOSES ONLY. You must assess the risk of any trade with your own broker and make your own independent decisions regarding any securities or trading strategies mentioned, discussed, or presented.
AGREEMENT
By enrolling in any Program offered by HONEST INVESTING INC., a Texas corporation (“Company”), doing business as “KENAN GRACE UNIVERSITY,” you acknowledge that you have carefully read, fully understood, and voluntarily agree to be bound by all terms and conditions set forth in this Agreement (“Terms and Conditions” or “Agreement”).
ARTICLE 1: DEFINITIONS AND INTERPRETATION
1.1 Defined Terms
For purposes of this Agreement, the following terms shall have the meanings set forth below, which meanings shall apply equally to both singular and plural forms:
“Program” means any and all educational courses, coaching services, community access privileges, educational materials, resources, tools, strategies, methodologies, and any related educational products, services, or content of any nature whatsoever that are offered, provided, sold, licensed, or made available by the Company, whether through online platforms, live sessions, recorded content, written materials, or any other medium or format, including but not limited to all tiers, levels, or variations of such offerings.
“Content” means all materials, information, data, strategies, techniques, methodologies, systems, approaches, recordings, videos, audio files, documents, presentations, spreadsheets, tools, indicators, trade setups, examples, demonstrations, discussions, community posts, coaching materials, educational resources, and any and all intellectual property of any nature whatsoever that is provided, displayed, transmitted, made available, or accessible through the Program, whether created by the Company, its instructors, or third parties under license to the Company.
“Community” means any and all private or restricted-access forums, discussion boards, chat rooms, Discord servers, social media groups, messaging platforms, or other digital or physical spaces where Program participants may interact, communicate, share information, or engage with each other or with Company representatives, whether such platforms are owned, operated, or managed by the Company or by third parties on behalf of the Company.
“Participant,” “you,” “your,” or “Member” means any natural person or legal entity who enrolls in, purchases, accesses, uses, or participates in any Program or any component thereof, including anyone who accesses Content or Community features, whether as a paying customer, trial user, or through any other arrangement.
“Site” means the Company’s website(s), web applications, and any associated online platforms through which the Program is accessed or delivered.
“Services” means all services provided by the Company in connection with the Program, including but not limited to educational services, community access, support services, and any related offerings.
“Materials” means all written, visual, audio, or multimedia content provided as part of the Program.
1.2 Interpretation and Construction
In this Agreement, unless the context otherwise requires: (a) headings are for convenience only and do not affect interpretation; (b) words importing the singular include the plural and vice versa; (c) words importing a gender include any gender; (d) references to statutes or regulations include all amendments, consolidations, or this Agreement and replacements thereof; (e) “including” means “including without limitation”; (f) “or” is not exclusive; (g) references to days mean calendar days unless business days are specified; (h) all monetary amounts are in United States dollars; and (i) any ambiguity shall not be construed against the drafting party.
ARTICLE 2: NATURE OF SERVICES AND COMPREHENSIVE DISCLAIMERS
2.1 Entertainment and Educational Services Only
The Company provides access to educational content, community forums, and related services strictly and exclusively for entertainment and general educational purposes. The Program is designed to provide general information about trading concepts, market mechanics, and related topics through an entertainment-focused educational format. Under no circumstances does the Company provide personalized financial advice, investment recommendations, tax advice, legal counsel, or any form of professional advisory services. You acknowledge and agree that the Program is not intended to and does not constitute professional advice of any kind, and that you should not rely on any Content as a basis for making investment decisions. The Company expressly disclaims any fiduciary duty or advisory relationship with you, and you acknowledge that no such relationship exists or will be created through your participation in the Program.
2.2 No Guarantee of Results - Comprehensive Risk Acknowledgment
THE COMPANY MAKES NO REPRESENTATIONS, WARRANTIES, GUARANTEES, OR PROMISES WHATSOEVER REGARDING POTENTIAL INCOME, EARNINGS, PROFITS, OR TRADING SUCCESS, AND EXPRESSLY DISCLAIMS ANY SUCH REPRESENTATIONS.
Success in trading depends on numerous complex factors entirely outside the Company’s knowledge or control, including but not limited to: (a) Global and local market conditions; (b) Geopolitical events; (c) Economic indicators; (d) Individual skill and experience levels; (e) Psychological factors; (f) Risk tolerance; (g) Available capital; (h) Time invested; (i) Market timing; (j) Regulatory changes; (k) Technological factors; and (l) Countless other variables that affect financial markets and individual trading outcomes.
You expressly acknowledge and agree that: (a) Trading involves extreme and substantial risk of loss that can result in losing all invested capital and potentially more; (b) Many individuals who attempt trading lose money; (c) Past performance, whether actual or hypothetical, provides no indication whatsoever of future results; (d) No trading strategy, system, or methodology guarantees profits or protection against losses; (e) Testimonials, success stories, and examples represent extraordinary, exceptional, and atypical results that should not be expected; (f) Market conditions are constantly changing and strategies that may have worked in specific past conditions may fail completely in current or future conditions; (g) The Company has no control over or knowledge of your individual financial situation, risk tolerance, or trading decisions; and (h) You are solely and exclusively responsible for all trading decisions and their consequences.
2.3 FTC Disclosure Compliance
In accordance with Federal Trade Commission guidelines and requirements, the Company provides the following clear and conspicuous disclosures:
ANY EARNINGS CLAIMS, INCOME REPRESENTATIONS, PROFIT EXAMPLES, TESTIMONIALS, SUCCESS STORIES, OR CASE STUDIES SHARED WITHIN THE PROGRAM REPRESENT REAL RESULTS BUT DEPEND ON A UNIQUE COMBINATION OF FACTORS INCLUDING INDIVIDUAL EFFORT, CONSISTENT LEARNING, RISK MANAGEMENT, STARTING CAPITAL, MARKET CONDITIONS, TIMING, AND DISCIPLINE.
OUTCOMES VARY, AND NO SPECIFIC RESULT CAN BE GUARANTEED OR REPLICATED. EXCEPTIONAL RESULTS ARE POSSIBLE BUT REQUIRE DEDICATION AND CONSISTENCY, AND RESULTS WILL DIFFER FROM STUDENT TO STUDENT. TRADING ALWAYS INVOLVES RISK. SOME PARTICIPANTS LOSE MONEY, AND A FEW MAY LOSE ALL OF THEIR TRADING CAPITAL. STUDENTS WHO ACTIVELY ENGAGE WITH THE TRAINING, ATTEND COACHING CALLS, AND APPLY STRATEGIES RESPONSIBLY TYPICALLY GIVE THEMSELVES THE BEST CHANCE AT SUCCESS. STUDENTS WHO DO NOT PARTICIPATE FULLY OR RELY ONLY ON COPYING TRADES GENERALLY DO NOT ACHIEVE THE SAME RESULTS. NOTHING IN THIS PROGRAM IS FINANCIAL ADVICE.
INDIVIDUAL RESULTS VARY DRAMATICALLY AND DEPEND ON COUNTLESS FACTORS UNIQUE TO EACH PERSON. WE PROVIDE ABSOLUTELY NO GUARANTEE, WARRANTY, PROMISE, OR ASSURANCE THAT YOU WILL EARN ANY MONEY USING ANY OF THE TECHNIQUES, IDEAS, STRATEGIES, OR INFORMATION PRESENTED IN OUR PROGRAM. ANY STATEMENTS ABOUT POTENTIAL EARNINGS OR INCOME ARE EXPRESSIONS OF OPINION ONLY AND SHOULD NOT BE CONSIDERED AVERAGE EARNINGS OR GUARANTEES.
2.4 ASSUMPTION OF RISK
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YOU ACCEPT COMPLETE, TOTAL, AND EXCLUSIVE RESPONSIBILITY FOR ALL TRADING AND INVESTMENT DECISIONS YOU MAKE AND THEIR CONSEQUENCES, WHETHER PROFITABLE OR UNPROFITABLE;
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YOU MAY LOSE ALL INVESTED CAPITAL AND POTENTIALLY INCUR ADDITIONAL LOSSES EXCEEDING YOUR INITIAL INVESTMENT THROUGH MARGIN CALLS, LEVERAGE, OR OTHER MECHANISMS;
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THE COMPANY PROVIDES ABSOLUTELY NO GUARANTEES, WARRANTIES, OR ASSURANCES OF PROFITABILITY OR PROTECTION AGAINST LOSSES;
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YOU WILL CONDUCT YOUR OWN INDEPENDENT DUE DILIGENCE, RESEARCH, AND ANALYSIS BEFORE MAKING ANY TRADING DECISIONS;
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YOU WILL NOT HOLD THE COMPANY, ITS AFFILIATES, OR ANY ASSOCIATED PERSONS LIABLE FOR ANY TRADING LOSSES, LOST OPPORTUNITIES, OR OTHER DAMAGES;
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TRADING IS NOT SUITABLE FOR MOST PEOPLE AND MAY NOT BE SUITABLE FOR YOU;
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ONLY GENUINE RISK CAPITAL THAT YOU CAN AFFORD TO LOSE COMPLETELY WITHOUT AFFECTING YOUR LIFESTYLE OR FINANCIAL SECURITY SHOULD EVER BE USED FOR TRADING;
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YOUR USE OF ANY INFORMATION, STRATEGIES, OR TECHNIQUES IS ENTIRELY AT YOUR OWN RISK;
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YOU BEAR SOLE RESPONSIBILITY FOR EVALUATING THE ACCURACY, COMPLETENESS, RELIABILITY, AND USEFULNESS OF ANY INFORMATION PROVIDED;
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THE COMPANY MAKES NO WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY INFORMATION;
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YOU SHOULD CONSULT WITH LICENSED FINANCIAL PROFESSIONALS BEFORE MAKING ANY INVESTMENT DECISIONS.
2.5 Unauthorized Recordings
You may not record, live stream, photograph, or otherwise capture any portion of the Program, Content, Materials, or other Participants without the express written permission of the Company and any affected individuals. Unauthorized recording is grounds for immediate dismissal from the Program without refund. You further agree not to share, sell, or distribute any authorized recordings of the Program or Materials to any third party without the express written permission of the Company.
2.6 No Suitability Determination or Personalized Advice
The Company does not and will not make any determination regarding the suitability of trading for your individual circumstances, nor does it provide personalized advice of any kind. All indicators, strategies, techniques, methodologies, articles, discussions, and other features of the Program are for entertainment and general educational purposes only and should never be construed as investment advice or recommendations. Information presented in the Program is obtained from sources believed to be reliable, but the Company does not warrant, guarantee, or verify its accuracy, completeness, timeliness, or reliability, nor does it warrant any particular results from the use of such information. The Company expressly disclaims any obligation to verify, validate, or update any information provided. You acknowledge that market data and information may be delayed, inaccurate, or incomplete, and that reliance on such information is at your sole risk.
2.7 COMPREHENSIVE WARRANTIES DISCLAIMER
2.8 COOKIES DISCLAIMER
THIS SITE USES COOKIES AND MAY ALSO USE THE SERVICES OF THIRD-PARTY PROVIDERS THAT DEPLOY COOKIES IN CONNECTION WITH THEIR SERVICES. BY USING THE SITE, YOU CONSENT TO THE PLACEMENT OF COOKIES ON ANY DEVICE USED TO ACCESS OUR SITE(S).
ARTICLE 3: INTELLECTUAL PROPERTY RIGHTS AND RESTRICTIONS
3.1 Comprehensive Ownership Rights
All Content, materials, and intellectual property associated with the Program, including but not limited to all courses, videos, audio recordings, documents, presentations, strategies, methodologies, techniques, systems, approaches, trade setups, indicators, tools, software, algorithms, educational materials, community content created by the Company, trademarks, service marks, trade names, logos, trade secrets, proprietary information, and any derivatives, modifications, or improvements thereof, constitute valuable proprietary intellectual property owned exclusively by the Company or its licensors and are protected by applicable copyright, trademark, trade secret, and other intellectual property laws. This proprietary ownership extends to all formats, media, and versions of such Content, whether now known or later developed. The Company reserves all rights not expressly granted in this Agreement.
3.2 Limited License Grant with Extensive Restrictions
3.3 Community Content and User Submissions
By posting, uploading, submitting, or transmitting any content, materials, ideas, suggestions, feedback, or other information in the Community or to the Company (collectively, “User Submissions”), you hereby grant the Company a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, perform, and otherwise exploit such User Submissions for any purpose whatsoever, in any medium now known or later developed, without compensation or attribution to you.
You represent and warrant that: (a) You own or have all necessary rights to your User Submissions; (b) Your User Submissions do not infringe any third-party rights; (c) Your User Submissions comply with all applicable laws; (d) You waive any moral rights in your User Submissions.
The Company has no obligation to use, maintain, or preserve any User Submissions.
3.4 Enforcement and Remedies for Violations
Any violation of the intellectual property provisions of this Agreement constitutes a material breach that will result in immediate termination of your access without refund and may subject you to legal action for damages, injunctive relief, and other remedies. The Company actively monitors for unauthorized use of its intellectual property through various means and will pursue all available legal remedies against violators, including but not limited to claims for actual damages, statutory damages, profits, attorneys’ fees, and injunctive relief. You acknowledge that monetary damages may be inadequate to compensate for violations of these provisions and agree that the Company shall be entitled to seek equitable relief, including injunction and specific performance, without the requirement of posting a bond.
ARTICLE 4: ENROLLMENT, ACCESS, AND THIRD-PARTY RELATIONSHIPS
4.1 Multiple Enrollment Methods and Binding Agreement
You may enroll in the Program through various channels, including but not limited to: (a) Direct enrollment through the Company website; (b) Enrollment through authorized sales representatives or independent contractors; (c) Enrollment through third-party platforms such as WHOP.com; (d) Enrollment through affiliate links; or (e) Any other method made available by the Company.
Regardless of the specific method, channel, or platform through which you enroll, access, or participate in the Program, this Agreement constitutes the complete and binding agreement governing your participation, and you are bound by all terms and conditions herein. Your enrollment or access through any channel constitutes your acceptance of this Agreement. You will also be subject to the terms, conditions, restrictions, disclaimers, and limitations imposed by any third-party platform, such as, but not limited to, WHOP.com.
4.2 Third-Party Relationships and Disclaimers
If you enrolled through an affiliate link, third-party platform, independent sales representative, or any party other than directly through the Company website, you expressly acknowledge, understand, and agree that:
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Such affiliates, platforms, representatives, and third parties are completely independent of the Company and are not employees, agents, or representatives of the Company;
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The Company is not responsible or liable for any representations, statements, promises, warranties, or guarantees made by such third parties;
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Only the representations and terms contained within this Agreement are binding upon the Company;
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Third parties have absolutely no authority to modify, amend, waive, or alter these terms or make commitments on behalf of the Company;
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Any conflicting or additional terms provided by third parties are void and unenforceable;
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The Company disclaims all liability for acts or omissions of third parties; and
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Your relationship with such third parties is separate from your relationship with the Company.
You agree to look solely to such third parties for any issues arising from their representations or your interactions with them.
4.3 Account Security and Unauthorized Access
your account credentials, including usernames, passwords, and any other authentication information.
You agree to: (a) Create strong, unique passwords; (b) Not share your credentials with any other person; (c) Immediately notify the Company of any unauthorized access or security breach; (d) Accept responsibility for all activities occurring under your account; and (e) Implement appropriate security measures on your devices.
The Company disclaims all liability for unauthorized access resulting from your failure to maintain account security, regardless of the circumstances. You acknowledge that sharing accounts or credentials violates this Agreement and may result in immediate termination without refund.
ARTICLE 5: PROGRAM COMPONENTS, CONDUCT, AND COMMUNITY STANDARDS
5.1 Variable Program Features and No Guarantee of Availability
5.2 Comprehensive Community Standards and Prohibited Conduct
Participation in the Community requires maintaining professional, respectful conduct at all times. The following behaviors are strictly prohibited and will result in immediate termination without refund:
- Harassment, bullying, threatening, stalking, or intimidating any person;
- Hate speech, discrimination, or prejudice based on race, ethnicity, religion, gender, sexual orientation, disability, or any other characteristic;
- Spam, unsolicited advertising, promotional materials, or unauthorized commercial activity;
- Sharing, distributing, or making available any proprietary Content or intellectual property;
- Providing investment advice, recommendations, or personalized guidance to other participants;
- Misrepresenting your affiliation with or authorization from the Company;
- Impersonating any person or entity;
- Posting inappropriate, offensive, obscene, or unlawful content;
- Engaging in or promoting illegal activities;
- Manipulating or attempting to manipulate discussions or markets;
- Posting false, misleading, or deceptive information;
- Violating any applicable laws or regulations;
- Disrupting the Community or Program operations;
- Using automated tools or bots;
- Harvesting information about other users; and/or
- Any other conduct deemed inappropriate by the Company in its sole discretion.
5.3 Termination Rights and No Refund for Violations
The Company reserves the absolute right, in its sole and unfettered discretion, to suspend, restrict, or terminate your access to any or all aspects of the Program immediately and without notice for any violation of this Agreement, community standards, or for any other reason or no reason at all. Upon termination for violation of any provision of this Agreement, you forfeit all fees paid and have no right to any refund, partial refund, or proration. The Company’s decision regarding violations and terminations is final and not subject to appeal or review. Terminated users may not re-enroll or create new accounts without express written permission from the Company.
ARTICLE 6: FEES, PAYMENT TERMS, AND REFUND POLICY
6.1 Payment Obligations and Currency
Program fees are due and payable in full accordance with the payment terms specified at the time of enrollment, whether as a single payment or through a payment plan. All fees must be paid in United States dollars unless otherwise specified. You are solely responsible for all applicable taxes, duties, levies, or governmental assessments of any nature, and the Company may collect such taxes as required by law. Failure to make timely payments constitutes a material breach of this Agreement and will result in immediate suspension or termination of access. The Company reserves the right to pursue all available remedies for non-payment, including referral to collections agencies and legal action.
6.2 Strictly Conditional and Limited Refund Policy
The Company offers a highly restricted and conditional 30-day money-back guarantee that requires complete compliance with ALL of the following requirements without exception. To qualify for any refund consideration, you must, within exactly 30 calendar days from your initial purchase date:
- Complete 100% of the designated Mastery course content on the specified platform, with completion tracked and verified by the Company’s systems;
- Post at least two substantive, meaningful questions in the Community that demonstrate genuine engagement with and understanding of the material, not perfunctory posts designed merely to meet this requirement;
- Attend at least two complete live group coaching sessions from beginning to end, if such sessions are included in your Program tier; and
- Submit your refund request in writing via email to support@kenangraceuniversity.com including comprehensive documentation proving your completion of all requirements, including screenshots, attendance records, and completion certificates.
CRITICAL LIMITATIONS REGARDING REFUNDS: Absolutely no refunds are available after the 30-day period under any circumstances whatsoever. No refunds are available if you fail to complete all requirements within the 30-day window. One-on-one coaching sessions, if purchased, are completely non-refundable under all circumstances without exception. By requesting a refund, you acknowledge that refund of the purchase price is your sole and exclusive remedy, and you expressly waive and release all other claims, damages, or remedies related to the Program
The Company’s determination regarding refund eligibility is final and binding.
6.3 Price Modifications and No Guarantees
The Company reserves the absolute right to modify, increase, or decrease Program pricing at any time without prior notice and without grandfathering existing participants. Current participants may be subject to price changes upon renewal or continuation of services. The Company has no obligation to honor previous prices, provide price matching, offer retroactive discounts, or maintain any particular pricing structure. Promotional prices are limited-time offers that may be withdrawn at any time. No representations made by third parties regarding pricing are binding on the Company.
6.4 Payment Suspension and Resumption Terms
You may request a temporary pause of recurring payment obligations by providing written notice to the Company at least five business days before your next scheduled billing date. During any payment suspension period:
- All access to Program Content, Community features, and other benefits will be completely suspended;
- You will not accumulate or accrue any benefits or access rights;
- The Company has no obligation to maintain your account or data;
- You may lose access to time-limited content or cohort-specific materials; and
- Resumption of access requires full payment at the then-current rates, which may be higher than your previous rate.
The Company may limit the number or duration of payment pauses and may decline pause requests in its discretion.
ARTICLE 7: DISPUTE RESOLUTION, ARBITRATION, AND JURY WAIVER
7.1 Governing Law
The Services and Site are managed by the Company, located in Texas. You agree that these Terms will be governed by the laws of the State of Texas, excluding its conflicts of law provisions. These Terms shall not deprive you of any mandatory consumer protections under the law of the country to which we direct Services to you, where you have your habitual residence.
7.2 Informal Dispute Resolution
If a dispute arises related to this Agreement, the Program, or any other aspect of the relationship between you and the Company (a “Dispute”), you and the Company agree to first attempt to resolve the Dispute informally through good faith negotiation. If you and the Company are unable to resolve the Dispute through negotiation within thirty (30) days of the initial notice of the Dispute, either you or the Company may proceed to arbitration as set forth in this Section.
7.3 Jurisdiction and Venue
THE SERVICES, SITE, AND ANY PRODUCT, INFORMATION, GOOD, COURSE, RESOURCE, OR EVENT PROVIDED BY COMPANY SHALL BE DEEMED SOLELY BASED IN THE STATE OF TEXAS. The Service shall be considered a passive one that does not give rise to personal jurisdiction over Company, either specific or general, in jurisdictions other than Texas.
In the event that litigation is permitted under this Agreement, you and Company agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Harris County, Texas, for the purpose of litigating any dispute. You agree that Harris County, Texas, is the proper and exclusive forum for: (a) Any appeals of an arbitration award (b) Any trial court proceedings in the event that the Arbitration Agreement is found to be unenforceable
7.4 Federal Arbitration Act Application
These Terms shall be governed by the internal substantive laws of the State of Texas, without regard to its conflict of laws principles. You acknowledge that these Terms evidence a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law governing these Terms, the Federal Arbitration Act (9 U.S.C. §§ 1-16) (as it may be amended, “FAA”) shall govern the interpretation and enforcement of the Arbitration Agreement detailed below. The FAA preempts all state laws (and laws of other jurisdictions) to the fullest extent permitted by Applicable Law.
In the event that the FAA is found not to apply to any issue arising from or relating to the Arbitration Agreement, then that issue shall be resolved under and governed by the law of the U.S. state where you reside (if applicable) or the jurisdiction mutually agreed upon in writing by you and Company.
7.5 Mandatory Binding Arbitration
IN THE INTEREST OF RESOLVING DISPUTES BETWEEN YOU AND COMPANY IN THE MOST EXPEDIENT AND COST-EFFECTIVE MANNER, AND EXCEPT AS DESCRIBED IN SECTION 7.5.2 BELOW, YOU AND COMPANY AGREE THAT EVERY DISPUTE BETWEEN YOU AND COMPANY OR COMPANY AFFILIATE ARISING IN CONNECTION WITH ANY AGREEMENT BETWEEN COMPANY AND YOU WILL BE RESOLVED BY BINDING ARBITRATION. ARBITRATION IS LESS FORMAL THAN A LAWSUIT IN COURT. ARBITRATION USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY, MAY ALLOW FOR MORE LIMITED DISCOVERY THAN IN COURT, AND CAN BE SUBJECT TO VERY LIMITED REVIEW BY COURTS. ARBITRATORS CAN AWARD THE SAME DAMAGES AND RELIEF THAT A COURT CAN AWARD.
THIS AGREEMENT TO ARBITRATE DISPUTES INCLUDES ALL CLAIMS ARISING OUT OF OR RELATING TO ANY ASPECT OF ANY COMPANY SERVICE AGREEMENT, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, AND REGARDLESS OF WHETHER A CLAIM ARISES DURING OR AFTER THE TERMINATION OF THIS AGREEMENT.
YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
THIS ARBITRATION AGREEMENT APPLIES TO AND GOVERNS ANY DISPUTE, CONTROVERSY, OR CLAIM BETWEEN YOU AND COMPANY THAT ARISES OUT OF OR RELATES TO, DIRECTLY OR INDIRECTLY: (A) THESE TERMS, INCLUDING THE FORMATION, EXISTENCE, BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION, VALIDITY, AND ENFORCEABILITY THEREOF (B) ACCESS TO OR USE OF THE SERVICE, INCLUDING RECEIPT OF ANY ADVERTISING OR MARKETING COMMUNICATIONS (C) ANY TRANSACTIONS THROUGH, BY, OR USING THE SERVICES OR PERFORMED, PURCHASED, SOLD, OR PROVIDED UNDER ANY AGREEMENT WITH COMPANY (D) ANY OTHER ASPECT OF YOUR RELATIONSHIP OR TRANSACTIONS WITH COMPANY, DIRECTLY OR INDIRECTLY, AS YOU, A USER, A CONSUMER, A PARTICIPANT, OR A MEMBER
EACH OF THE ABOVE IS REFERRED TO AS A “CLAIM,” AND COLLECTIVELY AS “CLAIMS.”
THIS ARBITRATION AGREEMENT SHALL APPLY, WITHOUT LIMITATION, TO ALL CLAIMS THAT AROSE OR WERE ASSERTED BEFORE OR AFTER YOUR CONSENT TO THESE TERMS.
7.5.2 Exceptions
Nothing in any Company agreement will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) Bring an individual action in small claims court; (b) Pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) Seek injunctive relief in a court of law, including a temporary restraining order, preliminary injunctive relief, temporary injunctive relief, and/or permanent injunctive relief; (d) To file suit in a court of law to address an intellectual property infringement claim; and/or (e) Pursue any available remedies under federal or
state law.
7.5.3 Arbitrator
YOU ACKNOWLEDGE THAT THE SERVICES AND SITE ARE FOR BUSINESS USE. Any arbitration between you and Company must be initiated and must proceed under the Federal Arbitration Act (“FAA”), and such arbitration is governed by the Commercial Dispute Resolution Procedures (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. You and Company expressly agree to modify the AAA Rules such that each party shall equally split the filing fees, hearing fees, and arbitrator compensation, regardless of any fee schedule that may specify otherwise. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Company.
7.5.4 Your Right To Opt Out Of This Arbitration Agreement
Agreeing to this Arbitration Agreement is not a mandatory condition of your contractual relationship with us. If you do not want to be subject to this Arbitration Agreement, you may opt out of this Arbitration Agreement. To do so, within 30 days of the date that this Agreement is electronically accepted by you, you must register an account with us and then send an electronic email from the email address associated with your account to support@kenangraceuniversity.com, stating your intent to opt out of this Arbitration Agreement, as well as your name, the phone number associated with your account, your address, and the city and zip code in which you reside.
You and Company explicitly agree that an email sent by your agent or representative (including your counsel) shall NOT be effective, that your email may opt out yourself only, and further, that any email that purports to opt out anyone other than yourself shall be void as to any others. Should you not opt out of this Arbitration Agreement within the 30-day period, you and Company shall be bound by the terms of this Arbitration Agreement. You will not be subject to actions of any retaliatory nature for exercising your right to opt out of this Arbitration Agreement.
Any opt-out of this Arbitration Agreement does not affect the validity of any other agreement or arbitration agreement between you and us. If you opt out of this Arbitration Agreement and at the time of your receipt of this Agreement you were bound by an existing agreement to arbitrate disputes with us, that existing arbitration agreement will remain in full force and effect.
7.5.5 Notice; Process
7.5.6 No Class Actions
YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR A CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Company agree otherwise in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
7.5.7 Modifications to this Arbitration Provision
If Company makes any future change to this arbitration provision, other than a change to Company’s address for Notice, you may reject the change by sending us written notice within 30 days of the change to Company’s address for Notice, in which case your account with Company will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
7.6 Disputes With Other Users
You are solely responsible for your interactions with other users of the Services, and any other parties with whom you interact on or through the Site or Services. You acknowledge and agree that you do not have the right to interfere with another users’ use of the Site or Services. You acknowledge and agree that Company has and reserves the right, but does not have the obligation, to become involved in any way with these disputes, including but not limited to addressing any interference with a user’s use of the Site or Services.
7.7 Enforceability
If any section under this Article 7 is found to be unenforceable, then the agreement shall be reformed accordingly and the remaining sections shall be enforced. If the entirety of Sections 7.4-7.5.7 is found to be unenforceable, the exclusive jurisdiction and venue described in Section 7.3 will govern any action arising out of or related to any agreement. If any part of Sections 7.4-7.5.7 is found to be unenforceable and unless the entirety of Section 7.4-7.5.7 is found to be unenforceable, then to the extent permitted by law, the remainder of the Sections 7.4-7.5.7 shall be reformed to remain in full force and effect.
7.8 WAIVER OF JURY TRIAL
ARTICLE 8: COMPREHENSIVE LIMITATION OF LIABILITY
8.1 MAXIMUM LIABILITY CAP
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY’S TOTAL AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS, DAMAGES, LOSSES, OR CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE PROGRAM, REGARDLESS OF THE FORM OF ACTION OR LEGAL THEORY, SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID BY YOU TO THE COMPANY FOR THE SPECIFIC PROGRAM GIVING RISE TO THE CLAIM.
THIS LIMITATION APPLIES WHETHER THE CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON LIABILITY, SO THIS LIMITATION MAY NOT APPLY TO YOU.
8.2 EXCLUSION OF CONSEQUENTIAL AND OTHER DAMAGES
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, SERVICE PROVIDERS, SHAREHOLDERS, MEMBERS, CONTRACTORS, OWNERS, OPERATORS, AFFILIATED THIRD-PARTIES, COACHES, STAFF, ASSOCIATED PERSONS, INFORMATION PROVIDERS, SUPPLIERS, MANAGERS, ATTORNEYS, REPRESENTATIVES, SPONSORS, SUCCESSORS, ASSIGNS, TRAINERS, PARTNERS, SUBSIDIARIES OR PARENT COMPANIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR:
- LOSS OF PROFITS
- BUSINESS OPPORTUNITIES
- GOODWILL
- REVENUE
- TRADING LOSSES
- USE
- SAVINGS
- DATA
- OTHER INTANGIBLE LOSSES
EVEN IF SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE LEGAL THEORY UNDER WHICH SUCH DAMAGES ARE SOUGHT.
THIS EXCLUSION APPLIES TO ANY DAMAGES OR INJURY ARISING FROM: (A) YOUR USE OR INABILITY TO USE THE PROGRAM; (B) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA; (C) STATEMENTS OR CONDUCT OF ANY THIRD PARTY; (D) TERMINATION OF YOUR ACCESS; (E) ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS; (F) ANY INTERRUPTIONS, DELAYS, OR FAILURES IN THE PROGRAM; AND/OR (G) YOUR RELIANCE ON ANY MATERIALS, CONTENT, OR INFORMATION PROVIDED.
8.3 NO LIABILITY FOR TRADING LOSSES
UNDER NO CIRCUMSTANCES WHATSOEVER SHALL THE COMPANY OR ANY OF ITS AFFILIATED PARTIES BE LIABLE FOR ANY TRADING OR INVESTMENT LOSSES, DAMAGES, OR NEGATIVE FINANCIAL CONSEQUENCES YOU INCUR, REGARDLESS OF THE CAUSE, THEORY OF LIABILITY, OR WHETHER SUCH LOSSES WERE FORESEEABLE.
THE COMPANY AND ALL INDIVIDUALS AND ENTITIES AFFILIATED WITH IT EXPRESSLY DISCLAIM AND ASSUME NO RESPONSIBILITY WHATSOEVER FOR YOUR TRADING RESULTS, INVESTMENT OUTCOMES, FINANCIAL DECISIONS, OR ANY CONSEQUENCES THEREOF.
YOU ACKNOWLEDGE AND AGREE THAT: (A) TRADING AND INVESTMENT DECISIONS ARE YOURS ALONE; (B) THE COMPANY PROVIDES NO GUARANTEES OR ASSURANCES REGARDING TRADING OUTCOMES; (C) USE OF ANY PROGRAM CONTENT OR INFORMATION IN CONNECTION WITH ACTUAL TRADING IS ENTIRELY AT YOUR OWN RISK; (D) THE COMPANY HAS NO DUTY TO MONITOR, REVIEW, OR PROVIDE GUIDANCE REGARDING YOUR TRADING; (E) YOU WILL NEVER HOLD THE COMPANY LIABLE FOR ANY FINANCIAL LOSSES, LOST OPPORTUNITIES, OR OTHER ECONOMIC HARM.
8.4 COMPREHENSIVE LIABILITY RELEASE
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY AND ITS AFFILIATED PARTIES SHALL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES RESULTING FROM:
- MISTAKES, ERRORS, INACCURACIES, OR OMISSIONS IN CONTENT, THE SITE, CONTENT, OR MATERIALS;
- PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF THE PROGRAM, SITE, OR SERVICES;
- ANY UNAUTHORIZED ACCESS TO OR USE OF SERVERS OR PERSONAL INFORMATION;
- ANY INTERRUPTION OR CESSATION OF PROGRAM FEATURES;
- ANY BUGS, VIRUSES, OR HARMFUL CODE TRANSMITTED THROUGH THE PROGRAM;
- ANY ERRORS OR OMISSIONS IN THE SITE, SERVICES, CONTENT OR MATERIALS OR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF THE - SITE, SERVICES OR ANY CONTENT OR MATERIALS;
- THE CONDUCT OF ANY PROGRAM PARTICIPANTS OR THIRD PARTIES;
- ANY OTHER MATTER RELATING TO THE PROGRAM.
THIS DISCLAIMER APPLIES EVEN IF THE COMPANY HAS BEEN NEGLIGENT OR IF AN AUTHORIZED COMPANY REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY RELEASE THE COMPANY FROM ALL SUCH CLAIMS AND DAMAGES.
8.5 TIME LIMIT FOR CLAIMS
YOU AGREE THAT ANY TORT-BASED CAUSE OF ACTION RELATED TO THE SITE, SERVICES, OR MATERIALS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES AND ANY CONTRACT-BASED CAUSE OF ACTION RELATED TO THE PROGRAM, SITE, SERVICES, CONTENT, OR MATERIALS MUST COMMENCE WITHIN TWO (2) YEARS AFTER THE CAUSE OF ACTION ACCRUES. THE CAUSES OF ACTION WILL ACCRUE AS OF THE DATE YOU KNEW, OR REASONABLY SHOULD HAVE KNOWN, OF THE EXISTENCE OF SUCH CLAIM AGAINST COMPANY. OTHERWISE, SUCH CAUSES OF ACTION ARE PERMANENTLY BARRED.
8.6 State-Specific Provisions
8.7 ACKNOWLEDGMENT
YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THESE TERMS AND CONDITIONS REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND COMPANY, AND THAT THESE LIMITATIONS ARE AN ESSENTIAL BASIS TO COMPANY’S ABILITY TO MAKE THE SERVICES AVAILABLE TO YOU ON AN ECONOMICALLY FEASIBLE BASIS.
8.8 UNENFORCEABILITY AND SEVERABILITY
IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION OR OTHER SECTIONS OF THESE TERMS AND CONDITIONS, INCLUDING ANY PORTION OF THE PRIVACY POLICY, TO BE UNENFORCEABLE, THEN THOSE PORTIONS DEEMED UNENFORCEABLE SHALL BE SEVERED AND THE TERMS AND CONDITIONS SHALL BE ENFORCED ABSENT THOSE PROVISIONS AND ANY LIABILITY TO COMPANY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.
ARTICLE 9: COMPREHENSIVE INDEMNIFICATION
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE COMPANY AND ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, OFFICERS, OWNERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, SERVICE PROVIDERS, CONTRACTORS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, “INDEMNIFIED PARTIES”) FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, LOSSES, DAMAGES, LIABILITIES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES, COURT COSTS, AND SETTLEMENT AMOUNTS) ARISING OUT OF OR RELATING TO:
- YOUR USE OR MISUSE OF THE SITE, PROGRAM, CONTENT, MATERIALS, OR COMMUNITY FEATURES;
- YOUR TRADING, INVESTMENT, OR FINANCIAL ACTIVITIES AND DECISIONS;
- YOUR VIOLATION OR BREACH OF ANY PROVISION OF THIS AGREEMENT;
- YOUR VIOLATION OF ANY APPLICABLE LAW, REGULATION, OR THIRD-PARTY RIGHT;
- ANY USER SUBMISSIONS OR CONTENT YOU POST, UPLOAD, OR TRANSMIT;
- YOUR NEGLIGENCE, MISCONDUCT, INTENTIONAL WRONGDOING, OR CRIMINAL ACTIVITY;
- YOUR INTERACTIONS WITH OTHER PROGRAM PARTICIPANTS;
- ANY MISREPRESENTATION YOU MAKE;
- YOUR UNAUTHORIZED USE OF CONTENT OR INTELLECTUAL PROPERTY;
- ANY CLAIMS THAT YOUR ACTIONS CAUSED HARM TO THIRD PARTIES;
- YOUR FAILURE TO MAINTAIN ACCOUNT SECURITY;
- ANY OTHER ACTIVITIES IN CONNECTION WITH THE PROGRAM.
THIS INDEMNIFICATION OBLIGATION WILL SURVIVE TERMINATION OF THIS AGREEMENT AND YOUR USE OF THE PROGRAM. The Company reserves the right to assume exclusive defense and control of any matter subject to indemnification, in which case you agree to cooperate fully with the defense of such claim.
ARTICLE 10: PRIVACY, DATA PROTECTION, AND COMMUNICATIONS
10.1 Privacy Policy and Data Processing
Your use of the Program is subject to the Company’s Privacy Policy, available at [website URL], which is incorporated herein by reference. By enrolling in the Program, you expressly consent to the collection, use, processing, storage, and disclosure of your personal information as described in the Privacy Policy. You acknowledge that the Company may collect various types of data including but not limited to account information, usage data, communication logs, and technical information, and may use such data for Program operations, improvements, marketing, and other legitimate business purposes. The Company implements reasonable security measures but cannot guarantee absolute security of data, and you acknowledge the inherent risks of providing information over the internet.
10.2 Electronic Communications and Consent
By enrolling in the Program, you expressly consent to receive electronic communications from the Company, including Program-related notices, updates, educational content, marketing messages, and other communications. You agree that all agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirement that such communications be in writing. You may opt out of marketing communications through the unsubscribe mechanism provided, but you cannot opt out of transactional or Program-related communications while enrolled. You are responsible for maintaining current contact information and for all consequences of failing to do so.
When you visit this Site or send e-mails to us, you are communicating with us electronically. By using this Site, you consent to receive communications from us electronically, including, without limitation, e-mail and text messages. We will communicate with you by e-mail, text messaging or by posting notices to your account on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement for enforceability purposes, including the enforcement of electronic signatures.
10.3 Name, Likeness, Photograph, and Media Authorization
10.3.1 Testimonials and Publicity Rights
The Company may, in its discretion, request testimonials or feedback regarding your Program experience. If you provide a testimonial, you grant the Company a perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, modify, publish, and display such testimonial and your name, likeness, and general location for marketing and promotional purposes in any medium. You hereby authorize Company and their agents, successors, and assigns, the exclusive right in perpetuity to use your name, likeness, and voice, recorded during the time you are participating. You may withdraw consent for future use by written notice, but the Company may continue using materials created prior to withdrawal. You represent that any testimonial you provide is accurate and reflects your honest opinion and experience.
10.3.2 Forms of Recording
Such recordings may be in the form of photographs, videotape, film, sound recordings, or otherwise and may be incorporated in the production, use, and distribution of television, radio, video, stock footage, internet, print, or any other form of distribution known now or discovered later.
You are not permitted to use a smartphone, digital camera, microphone, audio recorder, video camera, film camera, or any other device capable of recording audio, photographic, or video data to take, capture, stream, rebroadcast, republish, or record still photographs, digital images, audio, or video (“Personal Recordings”) unless specifically and explicitly authorized at a certain time and place by Company. If Personal Recordings are made in violation of this Section or otherwise, they may infringe upon the rights of Company or third parties, which would include, but is not limited to, defamation, infringement of intellectual property rights, or violation of privacy or publicity rights.
Personal Recordings may not be published, sold, reproduced, transmitted, distributed, or posted online for commercial purposes, including without limitation, marketing or political activities of any individual or organization.
10.3.3 Professional Recordings and Further Authorization of Likeness
Company may hire professional service providers (photo/video/streaming/audio) to document and display the event experience. By attending the event, you acknowledge and agree that Company may capture your image, likeness, and voice in photographs, video, audio, live streaming, or other media, and edit and use such photos and recordings for Company’s business, marketing and promotional activities, and for any other lawful purpose in the ordinary course of its business. Company may use such photos and recordings for posting to its social media feeds, and may display select submissions from those feeds on monitors throughout the event venue. You also agree that, due to the prevalence of mobile recording devices in today’s world, you shall not hold Company responsible for the capture of your image, likeness, or voice, in any multimedia format by Company or other attendees at the event.
10.3.4 Ownership and Use
All use of your name, likeness, or voice shall be used for instructional, publicity, or promotional purposes only and shall belong solely to Company to use, modify, or not use as it may wish; provided, however, that this consent does not cover any promotional use that may violate any accreditation agency standards applicable to Company.
10.3.5 Photography and Media Use
You agree to comply with Company’s policies regarding the use of photography, video, and other media at events. Unauthorized use of such media may result in dismissal from the Course or Event without a refund.
10.3.6 Third-Party Recordings
You acknowledge that other attendees may capture your image or voice in their Personal Recordings, and you agree that Company is not responsible for the use of your likeness in such Personal Recordings.
ARTICLE 11: GENERAL PROVISIONS
11.1 Entire Agreement and Integration
This Agreement, together with any documents expressly incorporated by reference, constitutes the entire, complete, and exclusive agreement between you and the Company regarding the Program, and supersedes all prior or contemporaneous agreements, representations, warranties, understandings, negotiations, or communications, whether written or oral, regarding the subject matter herein. No representations or statements outside this Agreement are binding on the Company. You acknowledge that you have not relied on any statements, promises, or representations not contained in this Agreement.
11.2 Severability and Reformation
If any provision of this Agreement is held by a court of competent jurisdiction or arbitrator to be invalid, illegal, void, or unenforceable, such provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the original intent, or if such modification is not possible, severed from this Agreement. The remaining provisions shall continue in full force and effect. The invalidity of any provision in any jurisdiction shall not affect its validity in any other jurisdiction.
11.3 No Waiver of Rights
No waiver of any term or provision of this Agreement shall be effective unless in writing and signed by the party against whom such waiver is sought to be enforced. The Company’s failure to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision or any other provision. Any waiver of any breach shall not constitute a waiver of any subsequent breach. The Company’s acceptance of partial payment shall not waive its right to the balance due or any other rights.
11.4 Assignment and Transfer
11.5 Force Majeure
The Company shall not be liable for any failure or delay in performing its obligations under this Agreement if such failure or delay results from circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, epidemic, pandemic, labor disputes, equipment failure, internet or telecommunications failures, electrical power failures, strikes, governmental actions, or any other force majeure event. The Company will use reasonable efforts to mitigate the effect of any force majeure event.
11.6 Interpretation Rules
The following rules apply to the interpretation of this Agreement: (a) Headings are for convenience only and shall not affect interpretation; (b) “Including” and similar terms are illustrative and not limiting; (c) “Or” is inclusive and not exclusive; (d) Singular includes plural and vice versa; (e) “You” includes your heirs, successors, and permitted assigns; (f) Any ambiguity shall not be construed against the drafting party; (g) Examples are illustrative and not exhaustive; and (h) References to laws include amendments and successor provisions.
11.7 Modification of Terms
11.8 Survival of Provisions
The following provisions shall survive any termination or expiration of this Agreement and continue in full force and effect: (a) All disclaimers and assumptions of risk; (b) Intellectual property provisions; (c) Limitation of liability; (d) Indemnification obligations; (e) Arbitration and dispute resolution provisions; (f) Any payment obligations accrued prior to termination; (g) Confidentiality obligations; and (h) Any other provisions that by their nature should survive termination.
11.9 Electronic Signatures and Records
You agree that this Agreement and any other documents or agreements relating to the Program may be executed and delivered electronically. Electronic signatures, whether by clicking “I Agree,” enrolling in the Program, clicking or checking a checkbox to agree, or any other method of demonstrating assent electronically, shall be valid and binding. You consent to conduct business electronically and to the electronic storage of records. You waive any rights or requirements under laws requiring original signatures or non-electronic records.
11.10 No Agency or Partnership
Nothing in this Agreement creates any agency, partnership, joint venture, employment, principal-agent, or fiduciary relationship or vice principal relationship between you and the Company. Nothing herein creates a business organization between you and the Company. You have no authority to bind the Company or make representations on its behalf. You are participating in the Program as an independent individual pursuing your own educational interests. The Company is not responsible for your actions or decisions.
11.11 Notice Requirements
All notices required under this Agreement shall be in writing and delivered: (a) To you at the email address associated with your account or by posting in the Program platform; and (b) To the Company at legal@kenangraceuniversity.com or such other address as the Company may designate.
Notices are deemed given when sent (for email) or posted (for platform notices). You are responsible for maintaining current contact information.
11.12 DMCA Notification
If you are a copyright owner or an agent thereof and believe that any content made available via the Site infringes upon your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing Company’s copyright agent (“Copyright Agent”) with the following information in writing:
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
- Identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Site (providing the URL(s) of the claimed infringing material satisfies this requirement);
- Information reasonably sufficient to permit Company to contact you, such as an address, telephone number, and, if available, an email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf; and
- Your physical or electronic signature.
The contact information for the Copyright Agent to receive notifications of claimed infringement is: Company; email: legal@kenangraceuniversity.com.
ARTICLE 12: CONTACT INFORMATION
For all communications regarding this Agreement or the Program, contact:
HONEST INVESTING INC., 17350 State Highway 249, Ste. 220, Houston, TX 77064
Customer Support: support@kenangraceuniversity.com
Legal Notices: legal@kenangraceuniversity.com
FINAL ACKNOWLEDGMENT AND ACCEPTANCE
BY ENROLLING IN THE PROGRAM, CLICKING “I AGREE,” CHECKING OR CLICKING A CHECK BOX TO AGREE, CREATING AN ACCOUNT, MAKING PAYMENT, OR OTHERWISE ACCESSING ANY PROGRAM CONTENT OR FEATURES, YOU ACKNOWLEDGE AND AFFIRM THAT:
1. You have carefully read, fully understood, and voluntarily agree to be legally bound by this entire Agreement;
2. You understand and accept that the Program is provided strictly for ENTERTAINMENT AND EDUCATIONAL PURPOSES ONLY and does not constitute investment advice;
3. You understand that the program, resources, courses, information, site, and services are provided “as is” and without any warranties or guarantees of any kind;
4. You understand that trading involves a HIGH DEGREE OF RISK, may not be suitable for you, and can result in TOTAL LOSS of capital;
5. You understand that TRADERS CAN LOSE MONEY and that past performance DOES NOT indicate future results;
6. You accept all risks, disclaimers, and limitations of liability set forth in this Agreement;
7. You understand that NO REPRESENTATION IS BEING MADE that any trading methodology, strategy, or approach will be profitable;
8. You agree to MANDATORY BINDING ARBITRATION and expressly WAIVE YOUR RIGHTS TO JURY TRIAL AND CLASS ACTION PARTICIPATION;
9. You will not hold the Company or any affiliated parties liable for any trading losses, lost opportunities, or other damages;
10. You understand the Company and its representatives are NOT INVESTMENT ADVISORS and are not registered with the SEC, FINRA, or any regulatory body;
11. You are using only genuine risk capital that you can completely afford to lose without any impact on your lifestyle or financial obligations;
12. You will make all trading and investment decisions independently or after consulting with licensed professionals;
13. You understand that testimonials and success stories may represent EXCEPTIONAL RESULTS and that success requires effort and consistency to achieve;
14. You have the legal capacity to enter into this Agreement and are not prohibited by law from using the Program;
15. You have had the opportunity to seek independent legal advice regarding this Agreement;
16. You are entering into this Agreement freely, voluntarily, and without duress or undue influence.
17. You understand that the Company may modify this Agreement, the Privacy Policy, any risk disclaimers, Community Guidelines, and other governing documents at any time, and that you will receive notice of modifications via email to the address you provided and/or through the Program platform. You agree that your continued use of the Program after any modification becomes effective constitutes your acceptance of the modified terms. You are responsible for periodically reviewing this Agreement and related documents for updates.
If you do not agree to all terms and conditions in this Agreement, you must not enroll in, purchase, access, or use the Program. Your enrollment, payment, agreement or use constitutes irrevocable acceptance of all terms and conditions stated herein.