Financial Disclaimers & Terms of Use

By purchasing, accessing, or using TDS Acolyte Orderflow Series or TDS Artisan Orderflow Series (each individually, a “Course” and collectively, the “Courses”), provided by PharmD_KS LLC, an Arizona limited liability company (“PharmD”) and BWG Trading LLC, a Colorado limited liability company (“BWG” and, together with PharmD, the “Providers,” “we,” “us,” or “our”), you (“you,” “your,” “User,” or “Customer”) agree to the following terms. If you do not agree, do not purchase or use a Course.

1. Educational Purpose Only

The Courses are provided strictly for educational and informational purposes only and are intended as educational entertainment. All content — including videos, written materials, charts, examples, indicators, strategies, spreadsheets, code, and any communications from the Providers or their instructors — is intended to teach general concepts only.  The Providers are providing education about trading concepts in the abstract and is **not** providing any advice, recommendation, or guidance regarding your specific financial situation. The Courses are not intended to be, and shall not be construed as:

• Financial advice
• Investment advice
• Trading advice
• Tax advice
• Legal advice
• Accounting advice
• An offer or solicitation to buy or sell any security, derivative, futures contract, cryptocurrency, or other financial instrument
• A recommendation regarding any specific security, strategy, or course of action
• A substitute for independent research and due diligence
• A guarantee, promise, or prediction of any particular outcome

2. No Advisory Relationship

Neither of the Providers are a registered investment adviser, broker-dealer, commodity trading advisor, financial planner, certified public accountant, attorney, or fiduciary of any kind. The Providers do not hold themselves out as providing any services that would require registration with the Securities and Exchange Commission, the Commodity Futures Trading Commission, the Financial Industry Regulatory Authority, or any state securities regulator. Nothing in the Courses or in any communication with the Providers creates an advisor-client, fiduciary, professional or confidential relationship between you and the Providers.

Any examples, trade ideas, scenarios, or demonstrations presented are hypothetical and used solely to illustrate educational concepts. They are not personalized recommendations and do not consider your financial situation, objectives, risk tolerance, investment experience, time horizon, or needs. The Providers have no knowledge of your personal circumstances and are not in a position to provide individualized guidance. You should not construe any communication from the Providers or their instructors as personalized advice tailored to you.

3. Consult Licensed Professionals

You agree that before making any financial, investment, trading, tax, or legal decision, you will consult with a qualified, licensed professional (such as a registered investment adviser, attorney, or CPA) in the relevant jurisdiction. You will not rely on the Courses as a substitute for such professional advice.

4. Risk Disclosure

Trading and investing in any financial instrument — including but not limited to stocks, options, futures, forex, cryptocurrencies, contracts for difference, and other derivatives — involves substantial risk of loss and is not suitable for every investor. **Trading is speculative and high-risk.**  You may lose some or all of your invested capital, and in certain instruments (such as futures, options writing, margin trading, or leveraged products) you may lose more than your initial investment and may owe additional funds to your broker. Day trading, in particular, is extremely risky and can result in substantial financial losses in a very short period of time.

You acknowledge and accept that:

• Past performance is not indicative of future results.
• Hypothetical, simulated, or backtested results have inherent limitations and do not represent actual trading. Actual results can and will differ materially.
• No representation is made that any account, strategy, or User will or is likely to achieve profits or losses similar to those shown or discussed.
• All trading and investment decisions you make are made solely by you, at your own discretion and risk.
• Market conditions, technology failures, broker actions, liquidity issues, and other factors beyond your or the Providers’ control can materially affect trading outcomes.
• The strategies and concepts taught in the Courses may not be suitable for you, and there is no assurance they will perform in live market conditions as they may have in historical or hypothetical examples.

5. No Guarantees

The Providers make no representation, warranty, or guarantee, express or implied, regarding the accuracy, completeness, timeliness, reliability, profitability, or suitability of any information, strategy, technique, or material contained in the Courses. The Providers do not guarantee any specific outcome, income, profit, or result from use of the Courses. Any earnings, performance, or income statements (yours or ours) are estimates only; there is no assurance you will do as well. **The Providers expressly disclaim all warranties, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising out of course of dealing or usage of trade.** The Courses are provided “as is” and “as available” without warranty of any kind.

6. Assumption of Risk

You expressly assume full and sole responsibility for any and all decisions made and actions taken (or not taken) based on, or in any way related to, the Courses. You agree that you alone are responsible for evaluating the merits and risks associated with the use of any information provided. 

**You hereby voluntarily and knowingly release, forever discharge, and agree to hold harmless the Providers and their respective officers, managers, equityholders, employees, contractors, instructors, affiliates, and agents from any and all claims, demands, causes of action, damages, losses, or liabilities of any kind (whether known or unknown, suspected or unsuspected, disclosed or undisclosed) arising out of or in any way related to your use of the Courses or any trading, investment, financial, or other decisions you make.**

**If you are a California resident, you expressly waive the benefits of California Civil Code Section 1542, which provides: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”** Similar provisions under the laws of any other jurisdiction are also hereby waived.

7. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, in no event shall the Providers or their respective officers, managers, equityholders, employees, contractors, instructors, affiliates, agents, licensors, or suppliers be liable to you or any third party for any:

• Direct, indirect, incidental, consequential, special, exemplary, or punitive damages;
• Loss of profits, revenue, capital, data, goodwill, or other intangible losses;
• Trading losses, investment losses, or missed opportunities;
• Damages resulting from your use of, inability to use, or reliance on the Courses;

arising out of or in any way connected with the Courses, even if the Providers have been advised of the possibility of such damages.

IF, NOTWITHSTANDING THE FOREGOING, THE PROVIDERS ARE FOUND LIABLE TO YOU FOR ANY CLAIM, THE PROVIDERS’ TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE COURSES SHALL NOT EXCEED THE AMOUNT YOU ACTUALLY PAID FOR THE COURSE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED U.S. DOLLARS ($100.00), WHICHEVER IS GREATER.

The foregoing limitations apply regardless of the legal theory (contract, tort, negligence, strict liability, or otherwise) and even if any limited remedy fails of its essential purpose.

**You agree that the limitations of liability set forth in this Section 7 are fundamental elements of the basis of the bargain between you and the Providers, and the Providers would not provide the Courses without such limitations.**

8. Indemnification

You agree to defend, indemnify, and hold harmless the Providers and their respective officers, managers, equityholders, employees, contractors, instructors, affiliates, and agents from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to:

• your use of, or inability to use, either Course;
• your trading, investment, financial, tax, or legal decisions;
• your violation of these terms; or
• your violation of any law or the rights of any third party.

9. Testimonials & Examples

Any testimonials or success stories shared by other users, instructors, or the Providers are individual experiences and are not typical. They do not guarantee or predict that you will achieve similar results.

10. Third-Party Content & Links

The Courses may reference or link to third-party content, software, brokers, data providers, or services. The Providers do not endorse and are not responsible for any third-party content or services, and your use of them is at your sole risk and subject to their own terms.

11. No Refunds

All sales are final. By purchasing a Course, you acknowledge that such Course consists of digital content delivered immediately upon purchase, and you waive any right of withdrawal or refund to the maximum extent permitted by law.

12. Intellectual Property

The Courses are the exclusive property of BWG and are protected by copyright and other intellectual property laws. Upon purchase of a Course, you are granted a limited, non-transferable, non-exclusive license to access such Course for your personal, non-commercial use only. You may not copy, redistribute, resell, share login credentials, or create derivative works without prior written permission.

13. Governing Law

These terms shall be governed by and construed in accordance with the laws of the State of Arizona, without regard to its conflict of laws principles.

14. Mandatory Arbitration & Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

Any dispute, claim, or controversy arising out of or relating to the Courses or these terms shall be resolved exclusively through final and binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, in Phoenix, Arizona, and not in any court. The arbitrator shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these terms, including any claim that all or part of these terms is void or voidable.

You and the Providers each waive any right to a jury trial and any right to participate in a class action, class arbitration, or representative proceeding. Claims may only be brought on an individual basis.

If any portion of this Section 14 is found unenforceable, the remainder shall remain in full force.

15. Severability

If any provision of these terms is found invalid or unenforceable, the remaining provisions shall remain in full force and effect, and the invalid provision shall be modified to the minimum extent necessary to make it enforceable.

16. Entire Agreement

These terms constitute the entire agreement between you and the Providers regarding the Courses and supersede all prior agreements, representations, and understandings.

17. Acknowledgment

BY PURCHASING OR USING A COURSE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS, INCLUDING THE LIMITATION OF LIABILITY, INDEMNIFICATION, ARBITRATION, AND CLASS ACTION WAIVER PROVISIONS

18. No Duty to Update

The Providers have no obligation to update, revise, or correct any information, material, or content in the Courses, regardless of changes in market conditions, regulations, or any other circumstances. Information in the Courses may become outdated, and the Providers make no commitment to update such information. You acknowledge that trading strategies and market conditions change over time and that the Courses reflect information available at the time of their creation.

19. Modification to Terms

The Providers reserve the right to modify, amend, or update these terms at any time in their sole discretion. Any changes will be effective immediately upon posting of the revised terms. Your continued access to or use of a Course after any such changes constitutes your acceptance of the revised terms. It is your responsibility to review these terms periodically for updates.