Effective Date: October 1, 2026
PLEASE READ THESE TERMS CAREFULLY. THEY CONTAIN A BINDING ARBITRATION PROVISION, A CLASS-ACTION WAIVER, AND A JURY-TRIAL WAIVER (SECTION 16) THAT AFFECT YOUR LEGAL RIGHTS. THEY ALSO CONTAIN IMPORTANT DISCLAIMERS: TRADING WITH ASHLEY IS AN EDUCATIONAL PUBLISHER, NOT AN INVESTMENT ADVISER, AND NOTHING ON THIS SITE IS PERSONALIZED INVESTMENT ADVICE (SECTION 3).
These Website Terms and Conditions (“Terms”) are a legal agreement between you and Trading with Ashley, LLC, a Louisiana limited liability company (“Trading with Ashley,” “TWA,” “we,” “us,” or “our”). They govern your access to and use of tradingwithashley.com, courses.tradingwithashley.com, and any other website, page, form, checkout, or online service that links to these Terms (the “Site”), including free content, newsletters, downloads, webinars, events, and any community or feature we make available to visitors and subscribers (together with the Site, the “Services”).
By accessing or using the Services, creating an account, subscribing, downloading, registering, or purchasing, you agree to these Terms, our Privacy Policy, our Earnings Claims, Results, and Testimonials Disclosure (the “Earnings Claims Disclosure”), and the SMS Terms in Section 7, each of which is incorporated into these Terms by reference. If you do not agree, do not use the Services.
Program Members. If you enroll in a paid Trading with Ashley program, your participation is also governed by the Trading with Ashley Program Enrollment Agreement (the “Program Agreement”), the member agreement you sign or accept at enrollment, which our enrollment materials may also call our member terms and conditions. The current Program Agreement is available at https://tradingwithashley.com/terms/agreement. If these Terms conflict with the Program Agreement on any matter concerning your program, the Program Agreement controls, except that Section 16 of these Terms (Dispute Resolution) governs any dispute between you and Trading with Ashley to the extent it provides you greater rights than the corresponding provisions of the Program Agreement, including the right to opt out of arbitration. On all other matters, including your use of the Site, free content, newsletters, and any community open to visitors and subscribers, these Terms control.
You must be at least 18 years old and able to form a binding contract to use the Services. The Services are directed to residents of the United States. We make no representation that the Services are appropriate or available elsewhere, and we may limit the availability of the Services to any person, geographic area, or jurisdiction at any time. By using the Services, you represent that you meet these requirements, that all information you provide is truthful, accurate, and complete, and that you are not prohibited by any law, court order, or regulatory restriction from using the Services or from trading in financial markets. We do not offer the Services to any person or in any country subject to comprehensive United States sanctions.
3.1 What we are. Trading with Ashley is an educational publisher. We create and publish general educational content about options trading concepts, market mechanics, and trading strategies, delivered through videos, articles, courses, live and recorded group sessions, community discussion, and related tools. Our content is general and impersonal in character, and you agree to treat everything we publish or say, in any format, as general education and not as advice tailored to your financial situation, objectives, risk tolerance, or needs.
3.2 What we are not. Trading with Ashley and its owners, instructors, coaches, employees, contractors, and representatives are not registered as investment advisers, broker-dealers, commodity trading advisors, or financial planners with the U.S. Securities and Exchange Commission, the Financial Industry Regulatory Authority, the Commodity Futures Trading Commission, the National Futures Association, or any state securities regulator, and do not hold themselves out as such. Nothing on the Services is personalized investment, financial, tax, accounting, or legal advice, and you agree not to seek or treat anything on the Services as such advice. We do not manage money, hold customer funds or securities, execute trades, or have any authority or discretion over any account. Nothing on the Services is an offer or solicitation to buy or sell any security or other financial instrument, or a recommendation, endorsement, or sponsorship of any company, security, strategy, or broker.
3.3 No personalized advice. Do not ask us, our instructors or coaches, or any AI-assisted tool we offer, including “Ask Ashley AI” and the “TWA Trade Playbook,” for advice about your own account, your own money, or what you personally should buy, sell, or hold. If anything said to you seems to address your own situation, treat it as general education and do not act on it without your own independent analysis. Any AI-assisted feature generates responses automatically, is educational only, can be incomplete, outdated, or wrong, is not reviewed by a human before you see it, and must not be relied on as advice; you should verify any output independently before acting on it. Any discussion anywhere on the Services of a specific security, option, trade, entry, exit, position, or strategy is illustrative and educational only, and you agree not to treat it as a recommendation to you, even if it concerns a security you own or a situation like yours.
3.4 Risk of loss. Trading options and other securities involves substantial risk of loss and is not suitable for everyone. You can lose some or all of the money you trade, and with options, margin, leverage, or short positions you can lose more than you deposit. Only risk capital that you can afford to lose entirely, without affecting your standard of living or your ability to meet your obligations, should ever be used to trade. Do not trade with borrowed money, with retirement savings you cannot afford to lose, or with money needed for living expenses. Past performance, whether actual, hypothetical, or simulated, is not indicative of future results. Hypothetical and simulated results have inherent limitations that are described in our Earnings Claims Disclosure.
3.5 Your responsibility. You are solely responsible for your own investment research, decisions, and results. Before making any investment or trading decision, consult a licensed financial professional, tax adviser, or attorney of your own choosing. You agree that you will not rely on the Services as a basis for any trading or investment decision. If you copy anyone’s trades, or act on anyone’s ideas, with real money without doing your own analysis, you should expect to lose money, and you can lose all of it.
3.6 No fiduciary or advisory relationship. Nothing in the Services creates an advisory, fiduciary, brokerage, agency, or other relationship of trust or confidence between you and Trading with Ashley or any of its owners, instructors, or coaches, and you agree not to place trust or confidence in any of them for decisions about your own trades or finances.
3.7 Educational trading tools. We may offer simulated (“paper”) trading exercises or tools, such as a trade journal, as part of our education. These are teaching tools only. They are not brokerage accounts, they involve no real money, and simulated results do not entitle you to any prize, payout, funded account, or other thing of economic value.
3.8 No guarantee of results. We make no representation, warranty, guarantee, or promise that you will earn money, achieve any particular result, become profitable, or avoid losses by using the Services. Any result described anywhere in the Services or our marketing, including any result posted by another user, is that person’s experience in that person’s circumstances and is not a representation of what you will achieve. Results depend on your own effort, discipline, knowledge, experience, starting capital, risk management, emotional control, and time commitment, and on market conditions and timing that no one controls. Our Earnings Claims Disclosure explains our policies on results, testimonials, hypothetical and simulated performance, material connections, and outputs of our AI-assisted features, and you should read it before purchasing.
3.9 Not a school; no credential. Trading with Ashley is not an accredited educational institution, a school, a college, or a university, and is not licensed, chartered, or approved by any state educational agency or accrediting body. Our programs are not academic programs, no academic credit is offered or transferable, and enrollment does not create a student-institution relationship. In the event we issue any certificate, badge, or record of completion, it confirms only that you completed the applicable material. It is not a license, registration, designation, accreditation, or professional credential, it does not certify skill, competence, or profitability, and it does not authorize you to advise, manage money for, or trade on behalf of any other person.
3.10 Trade examples and any alerts. If we describe, post, or discuss a trade that an instructor, coach, or the company is considering, holds, or has executed, we do so as a general educational example only. It is not a signal, alert, recommendation, or advice, and it is not an instruction to act. If we ever offer a feature that notifies you of trades or market conditions, the following also apply: we or our instructors may hold, acquire, or dispose of a position described, and may exit it at any time without notifying you; any notification reflects a point in time, may be delayed in reaching you, and may be stale, superseded, or no longer accurate by the time you receive or act on it; we have no obligation to update, correct, or follow up on any notification; and you remain solely responsible for deciding whether to act, at what price, in what size, and with what risk controls.
3.11 Brokers, exchanges, and funded or proprietary trading accounts. We are not a broker-dealer, exchange, clearing firm, or proprietary trading firm, and we do not provide accounts, capital, execution, or funding. You must open and fund any account with a third party of your own choosing, and your relationship with that firm is governed solely by its own agreements, margin and options-approval rules, fees, and risk disclosures, not by these Terms. In the event our content references, or you pursue, a funded account, evaluation, challenge, or proprietary trading firm program, we do not sponsor, endorse, operate, or guarantee it, we make no representation that you will pass any evaluation or receive or retain any funded account, and we are not responsible for that firm’s rules, fees, drawdown limits, payout terms, or conduct.
To access certain content or features, you may need to create an account. You agree to provide accurate, current, and complete information and to keep it updated. You are responsible for maintaining the confidentiality of your username and password and for all activity that occurs under your account, including purchases. You may not share your account or allow anyone else to use it, and you may maintain only one account per person unless we agree otherwise. Notify us immediately at support@tradingwithashley.com if you believe your account has been accessed without authorization. We may refuse or remove any username that impersonates another person, is offensive, infringes another’s rights, or may cause confusion, and we may suspend or terminate accounts as described in Section 17.
5.1 Purchases. Products and programs may be purchased through the Site or through third-party checkout platforms we use. Each purchase is subject to the terms presented at checkout, to these Terms, and, for programs, to the Program Agreement.
5.2 Prices and taxes. Prices are stated in U.S. dollars and may change at any time. You are responsible for any applicable taxes, which we may collect where required by law. We may correct pricing errors, including after an order has been submitted.
5.3 Subscriptions and automatic renewal. Some memberships are sold as recurring subscriptions that renew automatically until cancelled. Before you subscribe, we will clearly disclose the recurring charge, its amount and frequency, that it continues until you cancel, and how to cancel, and we will obtain your separate, affirmative consent to the recurring charge. You may cancel at any time, without a cancellation fee, through the cancellation control in your account settings or by emailing support@tradingwithashley.com. If you subscribed online, you may cancel online through the same website or application you used to subscribe, by a mechanism at least as easy to use as the one through which you consented to the subscription, and without having to speak to a person or navigate additional offers. Cancellation takes effect at the end of your current billing period, and no further charges will be processed. We may change the price of a subscription for future billing periods. We will give you advance notice by email before the new price takes effect, within the period the law of your state requires, and where that law specifies no period, at least seven (7) and not more than thirty (30) days in advance. The notice will state the new price and the date it takes effect. Where the law of your state requires your affirmative consent to a price increase, or requires that you be permitted to cancel after an increased charge and receive a refund, we will satisfy that requirement before treating the increase as accepted. Otherwise, if you do not cancel before the new price takes effect, you accept the new price. Where the law of your state requires advance notice before a renewal or periodic renewal reminders, we will provide them. Nothing in these Terms limits any non-waivable right you have under your state’s automatic-renewal law.
5.4 Refunds. Refund eligibility for programs and memberships is governed by the Program Agreement and by the refund terms presented at checkout, which may include a conditional refund (for members, the 30-Day Show Up Guarantee described in the Program Agreement and in our Fulfillment Policy) or a non-refundable designation for particular products. The 30-Day Show Up Guarantee does not apply to monthly or other recurring memberships, such as the New Trader Network and the Private Trading Room. Our Fulfillment Policy, linked in the footer of the Site, describes how we deliver programs and how refunds and cancellations work. Except as those terms expressly provide, all purchases are final. Nothing in this Section limits any refund right that cannot be waived under applicable law.
5.5 Billing disputes. If you have a question or concern about a charge, contact us at support@tradingwithashley.com before disputing the charge with your bank or card issuer. If you initiate a chargeback or payment dispute reversing a charge you validly incurred, we may suspend or terminate your access and pursue collection of the amount owed together with associated fees and costs. For program members, the Program Agreement governs chargebacks, including any administrative fee and reporting, and the Program Agreement controls if it addresses the matter.
5.6 Free trials and free content. We may offer free trials, free content, or limited-time promotions. We may modify or withdraw them at any time. Where a free trial converts into a paid subscription and the law of your state requires advance notice of that conversion, we will send it within the period that law requires, and the notice will state the date the paid period begins, the amount to be charged, and how to cancel. Unless the offer states otherwise, you may take advantage of a particular free trial only once, and you may not register under multiple email addresses or identities to obtain additional free trials.
5.7 You are purchasing access, not specific deliverables. Each paid product or membership provides access to the courses, sessions, community features, and tools that we make available during your term. We may add, modify, replace, reschedule, or discontinue courses, features, session schedules, tools, and community channels, and update our curriculum. No particular instructor, coach, session, or feature is guaranteed to be available at any particular time. For program members, the Program Agreement governs the scope of what you have purchased, our right to transition programs to new platforms, formats, or structures, and any credit or refund associated with a change, and the Program Agreement controls if it addresses the matter.
5.8 Payment plans. If you purchase on a payment plan or in installments, you remain obligated for the full purchase price, and your obligation to make the remaining payments is not cancelled by your ceasing to use the Services. Failure to pay an installment when due may result in suspension or termination of access and in collection of the balance. For program members, the Program Agreement governs installment obligations, hardship or pause requests, late fees, default, and the consequences of suspension, and the Program Agreement controls if it addresses the matter.
5.9 “Lifetime” access. Where we offer “lifetime” access, “lifetime” refers to the operational life of the community or program to which access is sold and not to your natural life. It means access for so long as we continue to operate that community or program, and it does not guarantee perpetual or unlimited access. For program members, the Program Agreement defines lifetime access and governs the conditions on it, our right to transition to new platforms or formats, and any tenure-based refund if we elect to dissolve the community, and the Program Agreement controls.
When you provide your contact information to receive free content, a newsletter, a download, event access, or information about a program, you are requesting that content and the related communications described in our Privacy Policy. You may unsubscribe from marketing communications at any time as described in Section 7 and in the Privacy Policy. Free content is subject to the same disclaimers, intellectual-property terms, and conduct rules as the rest of the Services.
7.1 Electronic communications. By using the Services or providing your contact information, you consent to receive communications from us electronically, including by email, text message, and notices posted on the Site, and you agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that they be in writing. You may withdraw this consent, or update your contact information, by contacting us; withdrawing consent may prevent you from using some Services. This consent covers service and transactional communications and the electronic delivery of notices. It does not authorize marketing text messages or automated marketing calls; those require the separate consent described in Section 7.4 and in our Privacy Policy.
7.2 Email. We may send you educational and promotional email in accordance with our Privacy Policy. Every marketing email includes an unsubscribe link, and we honor unsubscribe requests within ten business days. We may continue to send transactional and relationship messages (for example, receipts, account notices, and required legal notices) while you have an account or an active purchase.
7.3 Telephone calls. If you provide your telephone number and ask us to contact you, a member of our team may call you about your request and our programs, as described in our Privacy Policy. Marketing calls made using an automatic telephone dialing system, an artificial or prerecorded voice, or an AI-generated voice require your prior express written consent. Calls, text messages, and chats from us may be made or answered by an AI agent on our behalf, which may use an AI-generated voice; those communications can contain errors, are not financial advice, and do not change these Terms or the Program Agreement. You may ask us to stop calling at any time.
7.4 SMS Terms and Conditions. The following terms apply to text messages (SMS and MMS) sent by Trading with Ashley.
8.1 Ownership. The Services and everything in them, including all text, video, audio, graphics, courses, worksheets, tools, software, trade setups, strategies, methodologies, and the selection and arrangement of content (the “Content”), are owned by Trading with Ashley or its licensors and are protected by United States and international copyright, trademark, trade-secret, and other intellectual-property laws. TRADING WITH ASHLEY, SKIP CALL OPTION, and our logos are trademarks of Trading with Ashley, LLC. All rights not expressly granted in these Terms are reserved.
8.2 Limited license. Subject to your compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable license to access and view the Content for your own personal, non-commercial, educational use. You may print or download one copy of material we make available for download, solely for that purpose, provided you keep all copyright and other proprietary notices intact.
8.3 Restrictions. Except as expressly permitted, you may not copy, reproduce, record, screen-capture, download, republish, upload, post, transmit, distribute, sell, license, rent, modify, adapt, translate, create derivative works from, publicly display or perform, frame, mirror, scrape, or otherwise exploit any Content; reverse engineer, decompile, or disassemble any software or tool that is part of the Services; use any robot, spider, or other automated means to access or collect Content; use any Content to train, fine-tune, or evaluate any artificial-intelligence model or to build a competing product; remove any proprietary notice; or circumvent any access control or content-protection measure.
8.4 Enforcement. Any use of the Content beyond the license granted in this Section is a violation of our rights and may result in termination of your access, civil liability, and, where applicable, criminal prosecution. Because monetary damages may not adequately compensate us for a violation of this Section, we may seek injunctive relief in addition to any other remedy.
You agree that, in connection with the Services, you will not:
We may monitor the Services and remove any content or restrict any use that we believe, in our sole discretion, violates these Terms or is otherwise objectionable. Removal from any community for a violation of these Terms does not entitle you to a refund, except as provided in the Program Agreement or as required by law. You are solely responsible for your interactions with other users and with any third party you meet through the Services. We have no obligation to become involved in disputes between users, although we may do so at our discretion.
10.1 Feedback and suggestions. If you send us ideas, suggestions, feedback, or other materials about the Services (“Feedback”), you grant us a worldwide, perpetual, irrevocable, royalty-free, sublicensable license to use, reproduce, modify, distribute, and otherwise exploit the Feedback for any purpose, without compensation or attribution to you, and you waive any moral rights in it.
10.2 Community content. You retain ownership of the content you post in any community, comment area, or interactive feature. By posting, you grant us a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, reproduce, display, and distribute that content within the Services for the purpose of operating the community and the Services. Content you post is also subject to the Program Agreement (for members) and to this Section. You represent that you own or have the necessary rights to any content you post and that it does not infringe any third party’s rights or violate any law. We have no obligation to post, retain, or preserve user content, and we may remove it at any time.
10.3 Testimonials and content you share. If you give us a testimonial or review, or share a post or a screenshot with us or in our community, you agree that we may use it in our marketing, with your username or your first name and last initial, and you may tell us to stop using it in new marketing at any time by emailing support@tradingwithashley.com. For members, the Program Agreement governs this use. We use your name, likeness, or voice in our marketing with your consent, which you give by providing a testimonial or as provided in the Program Agreement. Testimonials must reflect your honest opinion and actual experience.
10.4 Live sessions and events. If you appear, speak, ask a question, or share your screen during a live or recorded session, group call, webinar, or in-person event, you acknowledge that the session may be recorded and that recordings that include your name, username, voice, likeness, or shared content may be made available to other users and used by us within the Services. Use of a recording of a live session or event that shows your likeness or includes your voice in advertising outside the Services requires your separate written consent. If you have received compensation, free or discounted access, or any other benefit from us in connection with a testimonial or endorsement, you must disclose it clearly wherever you make the endorsement, as required by the Federal Trade Commission’s Endorsement Guides. If we ask to publish a testimonial that describes a trading result, you agree to provide records that support the result described and a signed statement that the testimonial is accurate and that any compensation, free or discounted access, or other benefit you received has been disclosed. Records must come from your broker, exchange, or account provider — for example an account statement, trade confirmation, or transaction history. Output generated by an AI-assisted feature, results from a simulated or paper-trading account, a document you prepared yourself, or a screenshot of any of these is not sufficient.
Our community operates on Discord, and our courses, checkout, payments, video hosting, scheduling, and other functions are provided through third-party platforms and services. Your use of those platforms is subject to their own terms of service and privacy policies, which we do not control. We are not responsible for the availability, security, or conduct of any third-party platform or for any loss arising from your use of it. Those platforms’ terms do not modify your agreement with us, and if a platform’s terms conflict with these Terms as to your relationship with us, these Terms control.
We do not currently operate an affiliate or referral program. Our coaches and sales representatives are paid by us for their work. No coach, salesperson, closer, contractor, or other representative has authority to make earnings claims, income projections, promises or guarantees of results, investment recommendations, individualized trading advice, or any statement inconsistent with these Terms, the Earnings Claims Disclosure, or the Program Agreement. No such person has authority to modify these Terms, to make any promise or statement about price, discounts, refunds, or bonuses that does not appear in the terms presented at checkout or in your Program Agreement, or to suggest that you borrow money, use a credit card, or draw on retirement funds to pay for a program. Any such statement is unauthorized, is not binding on Trading with Ashley, and should not be relied on. Sales calls may be recorded and monitored for training, quality, and compliance purposes. If you encounter one, please report it to support@tradingwithashley.com.
The Services may contain links to third-party websites, brokers, tools, or resources. We provide them for convenience only. We do not control, endorse, or assume responsibility for their content, products, services, or practices, and you access them at your own risk. We may receive compensation when you purchase from or sign up with a third party through a link on the Services, as described in the Earnings Claims Disclosure.
We respect the intellectual-property rights of others. If you believe in good faith that material on the Services infringes your copyright, send a notice that complies with the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(3), to our designated agent:
Trading with Ashley, LLC
Attn: Copyright Agent
601 Kingston Rd., Ste. 300, #1002 OFC
Benton, Louisiana 71006
Email: support@tradingwithashley.com
Telephone: (318) 200-0317
Your notice must identify the copyrighted work, identify the material you claim is infringing and its location on the Services, provide your contact information, include a statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law, include a statement under penalty of perjury that the information in the notice is accurate and that you are the owner or authorized to act for the owner, and bear your physical or electronic signature. If you believe material you posted was removed by mistake, you may send a counter-notice that meets the requirements of 17 U.S.C. § 512(g)(3). There are penalties for false claims under the DMCA, and we suggest that you consult your own attorney before filing a notice or counter-notice. We terminate the accounts of repeat infringers in appropriate circumstances.
15.1 Disclaimer of warranties. THE SERVICES AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, TRADING WITH ASHLEY DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, OR RESULTS OF ANY CONTENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY TRADING WITH ASHLEY OR ANY OF ITS REPRESENTATIVES CREATES A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.
15.2 Limitation of liability. TO THE FULLEST EXTENT PERMITTED BY LAW, TRADING WITH ASHLEY AND ITS OWNERS, OFFICERS, EMPLOYEES, INSTRUCTORS, COACHES, CONTRACTORS, AGENTS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS, UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING THE NEGLIGENCE OF ANY OF THE PARTIES LISTED ABOVE), STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS, REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY AND INCLUDING CLAIMS BASED ON OUR OWN NEGLIGENCE, WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO TRADING WITH ASHLEY IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM AND (B) ONE HUNDRED DOLLARS ($100). YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THEM. For members, the limitation of liability in the Program Agreement governs claims relating to a program.
15.3 Limits on these limitations. Nothing in these Terms limits or excludes liability for fraud, for intentional or gross fault, for personal injury caused by us, or for any other liability that cannot be limited or excluded under applicable law, and nothing in these Terms waives any right that cannot be waived under the consumer-protection law of the state where you live, including the Louisiana Unfair Trade Practices and Consumer Protection Law, the Texas Deceptive Trade Practices–Consumer Protection Act, and similar laws. Nothing in Section 15 limits or reduces any statutory damages, civil penalty, or award of attorneys’ fees that a statute applicable to your claim makes available, and the arbitrator or court may award any such remedy on an individual basis.
15.4 Indemnification. You agree to indemnify, defend, and hold harmless Trading with Ashley and its owners, officers, employees, instructors, coaches, contractors, and agents from and against any claim, demand, loss, liability, damage, cost, or expense (including reasonable attorneys’ fees) brought by a third party and arising out of or relating to your breach of these Terms, your violation of any law or third-party right, any content you submit, your trading or investment activity, your unauthorized use or redistribution of Content, or your use of the Services, except to the extent caused by our own negligence, intentional misconduct, or violation of law. We may assume the exclusive defense and control of any matter subject to indemnification, in which case you agree to cooperate with our defense.
15.5 Time to bring claims. Any claim arising out of or relating to the Services or these Terms is subject to the limitations or prescriptive period that applicable law provides for that claim. Nothing in these Terms shortens that period.
15.6 Assumption of risk relating to trading decisions. YOU UNDERSTAND AND AGREE THAT EVERY TRADING AND INVESTMENT DECISION YOU MAKE, INCLUDING ANY DECISION MADE AFTER VIEWING ANY CONTENT, ATTENDING ANY LIVE OR RECORDED SESSION, PARTICIPATING IN ANY COMMUNITY DISCUSSION, SPEAKING WITH ANY INSTRUCTOR OR COACH, OR USING ANY AI-ASSISTED TOOL WE OFFER, IS YOUR OWN DECISION, MADE AT YOUR OWN RISK, AND THAT YOU ASSUME ALL RISK OF LOSS ARISING FROM IT.
15.7 Basis of the bargain. You acknowledge that the disclaimers in Section 15.1 and the limitations, release, and indemnity in this Section 15 are an essential basis of the bargain between you and Trading with Ashley, that they reflect a reasonable allocation of risk in light of the price of the Services and the nature of trading, and that we would not offer the Services on the terms and at the prices we do without them.
16.1 Governing law. These Terms and any dispute arising out of or relating to them or the Services are governed by the laws of the State of Louisiana, without regard to its conflict-of-laws principles, and by the Federal Arbitration Act, 9 U.S.C. §§ 1–16, with respect to the arbitration provisions below. These Terms do not deprive you of any mandatory consumer protection under the law of the state where you live that cannot be waived by agreement.
16.2 Informal resolution first. Before starting an arbitration or lawsuit, you and Trading with Ashley agree to try to resolve any dispute informally. The party raising the dispute must send the other a written notice describing the nature and basis of the claim and the relief requested. Notices to us must be sent to support@tradingwithashley.com or to the postal address in Section 20; notices to you will be sent to the email address associated with your account. If the dispute is not resolved within thirty (30) days after the notice is received, either party may proceed as described below.
16.3 Binding arbitration. EXCEPT AS PROVIDED IN SECTION 16.4, YOU AND TRADING WITH ASHLEY AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, AND WHETHER ARISING BEFORE OR AFTER THE TERMINATION OF THESE TERMS, WILL BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION, AND NOT IN COURT. The arbitration will be administered by JAMS under its Streamlined Arbitration Rules and Procedures before a single arbitrator. The JAMS Consumer Arbitration Minimum Standards apply to any arbitration in which you are a consumer, and if any provision of this Section 16 conflicts with those Minimum Standards, the Minimum Standards control. The arbitration will take place in Bossier Parish, Louisiana, or, at your election, by video conference or telephone. Arbitration fees will be allocated as provided by the JAMS rules, and Trading with Ashley will pay any portion of the fees that the JAMS rules or applicable law require it to pay so that the arbitration remains accessible to you. Each party will bear its own attorneys’ fees and costs unless a statute applicable to your claim requires or permits an award of fees to a prevailing party, in which case the arbitrator may award them as that statute provides. The arbitrator may award any relief that a court could award on an individual basis, and judgment on the award may be entered in any court with jurisdiction. The arbitrator, and not any court, has exclusive authority to resolve any dispute about the interpretation, applicability, enforceability, or formation of this Section 16, except that a court will decide whether the class-action waiver in Section 16.5 is enforceable. Arbitration is less formal than a lawsuit: it uses a neutral arbitrator instead of a judge or jury, allows more limited discovery, and is subject to very limited review by courts.
16.4 Exceptions. Either party may (a) bring an individual claim in small-claims court if the claim qualifies; (b) seek injunctive or other equitable relief in court to protect intellectual-property rights; or (c) bring a complaint before a federal, state, or local agency that is authorized to hear it. Nothing in this Section prevents you from pursuing any remedy under federal or state law that cannot be waived.
16.5 Class-action waiver. YOU AND TRADING WITH ASHLEY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person’s claims and may not preside over any form of class or representative proceeding. If this class-action waiver is found to be unenforceable as to a particular claim, then the agreement to arbitrate in Section 16.3 will not apply to that claim, which will be heard in court under Section 16.7, and this Section 16.5 will not be severed from the agreement to arbitrate.
16.6 Jury-trial waiver. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND TRADING WITH ASHLEY EACH KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES.
16.7 Venue for court proceedings. If a claim proceeds in court rather than in arbitration, you and Trading with Ashley agree to the exclusive jurisdiction and venue of the state and federal courts located in or having jurisdiction over Bossier Parish, Louisiana, and waive any objection based on inconvenient forum, except that either party may bring an individual small-claims action in the small-claims court of the county or parish where you reside.
16.8 Members. If you are a member, Article XIII of the Program Agreement governs disputes relating to your program and controls over this Section to the extent of any conflict.
16.9 Your right to opt out. You may opt out of this agreement to arbitrate by emailing support@tradingwithashley.com with the subject line “Arbitration Opt-Out,” your name, and the email address associated with your account, within thirty (30) days after you first accept these Terms. Opting out does not affect any other provision of these Terms.
16.10 Coordinated claims. If twenty-five (25) or more demands for arbitration are filed with JAMS that raise similar claims and are brought by or with the assistance of the same law firm or group of law firms, the parties agree that the JAMS Mass Arbitration Procedures and Guidelines then in effect will apply, that each claimant retains the right to discovery under the applicable JAMS rules, and that no award in one arbitration will bind any other claimant. Either party may ask the arbitrator to stay a demand while the informal-resolution process in Section 16.2 is completed for that claimant.
We may suspend or terminate your access to all or part of the Services at any time, with or without notice, if we believe you have violated these Terms or for any other reason permitted by law or by the Program Agreement. You may stop using the Services at any time. Sections 3, 5.5 and 5.7 through 5.9, 8, 9, 10, 12, 15, 16, and 19 survive any termination. Termination does not by itself require us to delete personal information about you. Our retention and deletion practices, including the records we keep of your communication preferences and opt-out requests, are described in the Privacy Policy.
We may revise these Terms from time to time. We will post the revised Terms on the Site with a new effective date. If a change is material, we will notify you by email or by a prominent notice on the Site at least fifteen (15) days before it takes effect, where practicable. Your continued use of the Services after the revised Terms take effect means that you accept them. If you do not agree to a revised version, you must stop using the Services. Changes do not apply to a dispute that arose before the change took effect.
19.1 Entire agreement. These Terms, together with the Privacy Policy, the Earnings Claims Disclosure, any terms presented at checkout, and, for members, the Program Agreement, are the entire agreement between you and Trading with Ashley regarding the Services and supersede all prior or contemporaneous agreements, representations, or understandings regarding that subject matter, including any statement made by an affiliate or sales representative that is not reflected in the terms presented at checkout or in your Program Agreement. You acknowledge that you have not relied on any representation not contained in these Terms, the Earnings Claims Disclosure, or the terms presented at checkout in deciding to purchase. Nothing in this Section limits any claim under the Louisiana Unfair Trade Practices and Consumer Protection Law, the Texas Deceptive Trade Practices–Consumer Protection Act, or any other law that cannot be waived by agreement.
19.2 Severability. If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permitted and the remaining provisions will remain in full force, except as provided in Section 16.5.
19.3 No waiver. Our failure to enforce any provision of these Terms is not a waiver of that provision or of our right to enforce it later.
19.4 Assignment. You may not assign or transfer these Terms or any rights under them without our prior written consent. We may assign these Terms to any affiliate or successor without restriction.
19.5 Force majeure. We are not liable for any failure or delay in performance caused by events beyond our reasonable control, including acts of God, natural disasters, war, terrorism, epidemics, government action, labor disputes, internet or utility failures, or failures of third-party platforms.
19.6 Notices. Notices to us must be sent to the addresses in Section 20. Notices to you may be sent to the email address associated with your account or posted on the Site.
19.7 Electronic signatures. Your acceptance of these Terms by clicking, checking a box, or continuing to use the Services is an electronic signature with the same legal effect as a handwritten signature under the federal E-SIGN Act and the Louisiana Uniform Electronic Transactions Act.
19.8 Headings; interpretation. Headings are for convenience only. “Including” means “including without limitation.” The singular includes the plural and vice versa. These Terms will not be construed against either party as the drafter.
19.9 Notice to California residents. Under California Civil Code Section 1789.3, California residents are entitled to the following notice: The Services are provided by Trading with Ashley, LLC, 601 Kingston Rd., Ste. 300, #1002 OFC, Benton, Louisiana 71006, support@tradingwithashley.com, telephone (318) 200-0317. Complaints regarding the Services or requests for further information may be sent to that address. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone at (800) 952-5210.
19.10 Notice to New Jersey residents. Nothing in these Terms limits any right or remedy available to a New Jersey resident under the New Jersey Consumer Fraud Act, the Truth-in-Consumer Contract, Warranty and Notice Act, or any other New Jersey law that cannot be waived, and any provision of these Terms that would be unenforceable under New Jersey law does not apply to New Jersey residents.
19.11 All states. Certain state laws provide rights or protections that cannot be waived or limited by contract. Nothing in these Terms is intended to limit any such right, and each limitation, disclaimer, waiver, and release in these Terms applies only to the extent permitted by the law of the state where you live.
19.12 No agency. Nothing in these Terms creates any agency, partnership, joint venture, employment, or fiduciary relationship between you and Trading with Ashley. You have no authority to bind Trading with Ashley or to make representations on its behalf.
Trading with Ashley, LLC
601 Kingston Rd., Ste. 300, #1002 OFC
Benton, Louisiana 71006
Email: support@tradingwithashley.com
BY CLICKING “I AGREE,” CHECKING A BOX TO AGREE, CREATING AN ACCOUNT, SUBSCRIBING, MAKING A PAYMENT, ENROLLING IN A PROGRAM, JOINING A COMMUNITY, OR OTHERWISE USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS; THAT TRADING WITH ASHLEY IS AN EDUCATIONAL PUBLISHER AND NOT AN INVESTMENT ADVISER; THAT NOTHING IN THE SERVICES IS PERSONALIZED INVESTMENT ADVICE; THAT TRADING INVOLVES SUBSTANTIAL RISK OF LOSS AND THAT NO RESULT IS GUARANTEED; THAT YOU ARE USING ONLY RISK CAPITAL YOU CAN AFFORD TO LOSE; AND THAT YOU AGREE TO BINDING INDIVIDUAL ARBITRATION AND WAIVE YOUR RIGHTS TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION, SUBJECT TO YOUR RIGHT TO OPT OUT UNDER SECTION 16.9.
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