By using our websites, products, and services, you affirm that you are an adult (18 years of age or older) and agree to be bound by the following Terms of Use. If you are not an adult or you do not agree with the Terms of Use, please do not use our websites, products, and services.

General Disclaimer

Brightstar Training, LLC (“we,” “our,” “us,” “the company”) provides information about the financial markets that is designed to facilitate a better understanding of technical analysis and trading. All products and services, including website content, are strictly educational in nature.

We are not Commodity Trading Advisors (CTAs), Registered Investment Advisers (RIAs), or licensed brokers. We do not make recommendations to buy or sell stocks, futures, options, bonds, currencies, or any other financial instruments, and none of our products, services, and website content should be viewed as vehicles for such recommendations. You should consult your own broker or qualified investment professional for individual advice.

While we attempt to help users improve their trading skills through education, we do not warrant improvement or any other result. Adult learning is a complex process that requires time, effort, patience, and self-discipline on the part of each learner. Trading in the financial markets may not be suitable for everyone nor may every adult be able to learn well enough to trade in a proficient manner. Information presented through our websites, products, and services is obtained from sources deemed reliable, but no warranty is offered as to its accuracy, completeness, or usefulness.

As part of our educational efforts, we link to other websites. Such linkage is done on an “as is” basis and does not imply that we endorse all of the products, services, advertisements, and informational content available on these sites.

U.S. Government Required Disclaimer — Commodity Futures Trading Commission (CFTC). Futures and options trading have large potential rewards, but also large potential risks. You must be aware of the risks, and be willing to accept them, in order to invest in the futures and options markets. Do not trade with money that you cannot afford to lose. No representation is being made that any account will or is likely to achieve profits or losses similar to those discussed on our websites or through any of our products and services. 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 profits or losses similar to those discussed on our websites or through any of our products and services.

We may or may not take positions in the markets based upon information presented on our websites or offered through our products and services. We recommend that anyone trading in the financial markets should do so with caution and should consult with a qualified financial advisor or professional investment counselor before doing so.

Indemnification

Adults who are 18 years of age or older are invited to receive training through our educational services. We also reserve the right to refuse, restrict, or terminate services with or without notice.

By using our websites, products, and services, you acknowledge the risks associated with trading and affirm that you are solely responsible for any losses, monetary or non-monetary, that may result. You agree to hold harmless, indemnify, and defend Brightstar Training, LLC and its owner against any and all claims, losses, liabilities, damages, costs, and expenses (including, but not limited to, attorney and court fees) arising from or related to your use of our websites, products, and services, or your inability to access our websites, products, and services due to power outages, computer malfunctions, software difficulties, server problems, internet delays, illness, emergencies, or any other adverse events.

Fees and Refunds

All purchases of educational services, including access to eLearning courses, are non-refundable. Some services may require a username, password, or other identifier. The user agrees to hold this information in confidence, thereby preventing anyone else from obtaining service illegitimately.

If we are unable to provide instruction due to planned or unplanned absences, we will compensate for these absences in our sole discretion by offering services at alternate times or providing prorated refunds. We will not be responsible for absences due to the existence of holidays, market closures, natural disasters, or any other events beyond our control.

All services, fees, and offers are subject to change without notice.

Online Communication

Messages, images, and other content that appear through online access reflect the views of their respective authors and not necessarily the views of Brightstar Training, LLC.

In using our educational services, you agree that you will not communicate any oral, written, or visual message that is false, defamatory, inaccurate, abusive, vulgar, harassing, obscene, profane, sexually oriented, threatening, invasive of a person’s privacy, or otherwise in violation of law.

All content posted by users becomes the property of the company. We reserve the right to delete content for any reason or no reason. If we determine that removal is necessary, we will attempt to do so within a reasonable period of time. Please note that advertisements, chain letters, and solicitations are expressly prohibited.

Privacy

When you submit information or media to us via email or website form, the content becomes the property of the company and may be used in the following ways:

(1) To process your payment. Note that online payment processors use their own procedures for processing transactions over which we have no control.

(2) To respond to inquiries made by you. We are happy to answer your questions and reflect upon your comments.

(3) To initiate contact with you. At selected times, we may contact you concerning matters of interest which include, but are not limited to, billing, customer feedback, and additional learning opportunities.

BRIGHTSTAR TRADER MAIL is our official email portal for sharing the latest news about our products and services. Your name will be placed on our mailing list if you opt-in via website form or access one of our products or services. An ongoing presence on the mailing list must be maintained for support of services in which clients participate, including Brightstar Blog.

(4) To maintain accurate company records. These records enable us to track purchases and credit accounts properly.

(5) To advertise. Testimonials and media (e.g., photos) may be used in whole or in part without prior consent of submitters and without remuneration. Only the initials of individuals, names of sponsoring groups or organizations, and geographic locations will be used to reference sources of testimonials. Source information may accompany the presentation of media, if appropriate.

Except when necessary by reason of action in a court of law or where noted above, we will not intentionally give or sell your information to any individual, group, or corporate entity.

Redistribution

Through your use of our websites, products, and services, you agree not to copy, record, store, retransmit, broadcast, publish, sell, or distribute any content or materials provided by Brightstar Training, LLC without the express written consent of the company. Such content and materials include, but are not limited to, website information, charts, figures, photos, online posts, notes, summaries, study guides, articles, audio commentary, and video presentations.

Governing Law

Violation of this agreement may result in termination of services without refund and legal action. This agreement will, in all respects, be governed by and construed in accordance with the laws of the United States and the State of Wisconsin. All legal actions or proceedings arising out of this agreement will be litigated in courts that are located in the State of Wisconsin or other courts of our choosing.

We may modify the Terms of Use at any time in our sole discretion. Users of our websites, products, and services are responsible to keep themselves informed of changes and to maintain compliance with the terms.