TRADING WITH ASHLEY, LLC PROGRAM ENROLLMENT AGREEMENT
Also referred to as the Member Agreement and the 2027 Member Terms and Conditions (v10)
Summary of Key Terms and Member Acknowledgment
WHAT’S NEW — PLEASE READ AND ACCEPT
We have updated this Agreement, and we are asking every Member to review and accept this version. The main changes are: (1) new terms describing how coaching works and your responsibilities when you use it, including review of simulated (paper) trades, if applicable, in Sections 4.7 and 4.8; (2) updated terms for our AI features, “Ask Ashley AI” and the new “TWA Trade Playbook,” in Article XV; (3) a plainer description of what the Program is and is not, and of your responsibilities as a Member, in Articles II and III; (4) clarifications to “Lifetime” access and to the refund schedule that applies upon a potential dissolution of the Community, in Sections 4.3 and 4.4, and the new 30-Day Show Up Guarantee, a conditional refund, in Section 6.2; (5) updated dispute-resolution terms, including that arbitration covers disputes that arose before you accept and a right to opt out of arbitration within thirty (30) days, in Article XIII; (6) permission for us to use the posts, screenshots, and other content you share in the Program in our marketing, which you may withdraw for future use at any time, in Sections 7.4, 8.1, and 8.4; (7) the rule that no salesperson or other representative can change this Agreement or make promises that are not written in it, in Section 5.2; and (8) how you accept this Agreement electronically, and your agreement to receive it and related records electronically, on the acceptance page and in Section 16.7. This Summary is provided for convenience only and is qualified in its entirety by the complete Program Enrollment Agreement, which immediately follows this Summary and which you should read in full. Click here to view the Complete Terms and Conditions. The complete Agreement is also available online at https://tradingwithashley.com/terms/agreement.
OUR AI FEATURES: “ASK ASHLEY AI” AND THE “TWA TRADE PLAYBOOK”
AI FEATURES (“ASK ASHLEY AI” AND THE “TWA TRADE PLAYBOOK”) — GENERATED BY AI; EDUCATIONAL ONLY; CAN BE WRONG. TWA offers optional AI-assisted features: “Ask Ashley AI,” which answers general questions about TWA’s own educational materials and methodology, and the “TWA Trade Playbook,” which looks up entries from a library of Ashley’s documented trading rules and methodology. An AI feature is software, not a person. It is not Ashley, and its answers are generated automatically and are not written or reviewed by Ashley or a coach before you see them. You agree NOT to ask an AI feature about your own account, your positions, or what you should do. Nothing an AI feature says is financial advice or advice attuned to your portfolio or circumstances, even if it seems to address your situation. Their responses can be wrong, incomplete, outdated, or fabricated, and you must NOT make, avoid, or exit any trade or other decision in reliance on them. AI channels are shared, non-private features, and your questions and the answers may be logged and retained. The full terms are in Article XV.
SUMMARY OF OTHER KEY TERMS
MEMBER ACKNOWLEDGMENT AND ACCEPTANCE
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By accepting this Agreement, I acknowledge and agree that: • I am at least 18 years of age and legally competent to enter into this Agreement. • I understand that this Agreement contains provisions regarding data privacy and electronic communications. • I have read and understand the complete Program Enrollment Agreement that follows this Summary. • I understand that the Program is general trading education and that TWA is not registered as an investment adviser, and I will treat everything in the Program as general education, not as a recommendation about my own trades or finances. I will not ask anyone at TWA to review my real brokerage account or to tell me what to buy or sell. • I understand that TWA’s AI features, including “Ask Ashley AI” and the “TWA Trade Playbook,” are software, not Ashley or any other person, are educational only, and are not financial advice, and I will not ask them about my own account or positions. • I understand that AI responses can be wrong, incomplete, outdated, or fabricated and are updated only periodically, and I will not rely on them for any trading or other decision; I will conduct my own due diligence. • I understand that my posts, questions, and AI interactions are visible to other members, are logged and retained, and may be used to operate and improve the Program as described in Articles VII and XV; that I give TWA permission to use my posts, screenshots, testimonials, and other content I share in the Program (but not my questions to an AI feature) in its marketing, with my username or my first name and last initial, subject to the limits in Articles VII and VIII, and that I may withdraw that permission for future use at any time; and that I will not submit sensitive or private information to any AI feature. • I understand that trading options and securities may involve substantial risk of loss and TWA makes no guarantees about profits, returns, or financial results. • I am solely responsible for my trading decisions and any resulting gains or losses. • I understand that coaching is general education and that coaches may discuss their own trades and portfolios, which reflect their circumstances and not mine, and I will not ask Ashley, a coach, or an AI feature about my real account, my real positions, my financial goals, or what I should do on any trade. • I will not share my personal account information, such as account numbers, balances, holdings, positions, statements, or tax or financial details, with Ashley, a coach, or an AI feature, or in any channel used for questions to them. • I understand that if I copy anyone’s trades or act on anyone’s ideas with real money without my own analysis, I should expect to lose money, and I can lose all of it. • I understand that no salesperson or other representative of TWA can change this Agreement or make promises that are not written in it, and I am not relying on any such promise. • I agree to resolve disputes with TWA through individual binding arbitration, and I waive class actions and jury trials, as described in Article XIII, unless I opt out of arbitration within thirty (30) days as provided in Section 13.10. • I have had the opportunity to review this entire Agreement and consult with an attorney or advisor of my choice, or have voluntarily chosen not to do so. |
By accepting this Agreement, I confirm that I have read and understand the complete Program Enrollment Agreement set forth above and below, including the Summary of Key Terms, the Important Disclosures and Risk Warnings, the Coaching and Simulated Trading terms (Section 4.7), the Artificial Intelligence Features terms (Article XV), and all Articles I through XVI. I reaffirm my agreement to be bound by all terms and conditions contained herein, including the arbitration provision (and my right to opt out of it under Section 13.10), class action waiver, jury trial waiver, limitation of liability, and all risk disclosures. I acknowledge that my acceptance, whether I give it by checking a box and clicking “I Agree” or a similar button or by signing electronically, is my electronic signature, is my final confirmation of assent to this Agreement, and is the legal equivalent of my handwritten signature on this Agreement for all purposes.
HOW YOU ACCEPT. You accept this Agreement electronically, by checking the box and clicking “I Agree” (or a similar button) on the screen that presents it. Your name, email address, and the date of your acceptance are recorded, and may be filled in on this page automatically, from the information you provide when you accept. The Company’s electronic record of your acceptance is your signature and the record of this Agreement, and the program you purchased is shown in the Company’s order records. The name and email address you give when you accept must be your own and must be accurate.
Full Legal Name: ______________________________ | Email Address: ____________________________________ |
Signature: accepted electronically |
Date: _____________________________________________ |
Member Account: recorded electronically |
Program: as shown in the Company’s order records |
Full Legal Names:
______________________________
Email Address:
______________________________
Signature: accepted electronically
Date:
______________________________
Member Account: recorded electronically
Program: as shown in the Company’s order records
PROGRAM ENROLLMENT AGREEMENT
Complete Terms and Conditions
IMPORTANT NOTICE — 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. YOU MAY OPT OUT OF ARBITRATION WITHIN THIRTY (30) DAYS AS DESCRIBED IN SECTION 13.10. |
This Program Enrollment Agreement (also referred to as the “Member Agreement,” the “Member Terms and Conditions,” or the “2027 Member Terms and Conditions,” and in this document the “Agreement”) is entered into as of the date you accept it between Trading with Ashley, LLC, a Louisiana limited liability company doing business as “Trading with Ashley” (“TWA,” “Company,” “we,” “us,” or “our”), and the individual who accepts it (“Member,” “Participant,” “you,” or “your”). By enrolling in, paying for, or participating in any TWA program, you agree to the following terms and conditions.
This Agreement is in addition to, and not in substitution of, the Website Terms and Conditions, the Privacy Policy, and the Earnings Claims Disclosure posted on TWA’s website (tradingwithashley.com), which also apply to you. In the event of any conflict between this Agreement and any of those documents, this Agreement shall control.
The Company provides the following disclosures so that you understand what the Program is and the risks of trading:
THE PROGRAM IS GENERAL EDUCATION FOR THE MEMBERSHIP AS A WHOLE, AND YOU AGREE TO TREAT EVERYTHING IN IT THAT WAY.
The Company publishes educational content and provides community access designed to help members learn general trading concepts. Ashley and the coaches teach general principles of trading and risk, and they may discuss their own trades, portfolios, and reasoning, which reflect their own circumstances. You agree to treat everything in the Program, whether you read it, watch it, hear it in a group or one-on-one session, or receive it from an AI Feature, as general education for the membership as a whole, and not as individualized investment advice or as a recommendation about your own trades, finances, holdings, or goals. Nothing in the Program is an offer or solicitation to buy or sell any securities, options, futures, currencies, or any other financial instruments.
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.
IF YOU COPY ANYONE’S TRADES, OR ACT ON ANYONE’S IDEAS, WITH REAL MONEY WITHOUT DOING YOUR OWN ANALYSIS — WHETHER THEY COME FROM ASHLEY, A COACH, ANOTHER MEMBER, AN AI FEATURE, OR ANYONE ELSE — YOU SHOULD EXPECT TO LOSE MONEY, AND YOU CAN LOSE ALL OF IT.
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 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.
ANY RESULT YOU SEE IS ONE PERSON’S EXPERIENCE IN THAT PERSON’S CIRCUMSTANCES. IT IS NOT TYPICAL, AND IT IS NOT A PREDICTION OF WHAT YOU WILL ACHIEVE.
Results depend on each person’s effort, discipline, knowledge, experience, starting capital, risk management, emotional control, and time commitment, and on market conditions and timing that no one controls. Many people who study trading never become consistently profitable. Some students lose money, and in some cases, participants lose all of their trading capital. Members sometimes share their own trades, screenshots, or results in the Community. Those posts are the members’ own statements. The Company does not independently verify them, and they are not the Company’s representation of what you can expect. The Company’s Earnings Claims Disclosure, posted on the Site, describes its policies on results, testimonials, instructor examples, and simulated results, and it applies to the Program.
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.
THE COMPANY IS NOT REGISTERED AS AN INVESTMENT ADVISER OR BROKER-DEALER AND IS NOT A FINANCIAL INSTITUTION.
The Company 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 hold any license or registration that would permit it to provide individualized investment advice, and you agree not to seek, or to treat anything in the Program as, such advice. The Company does not manage money, hold member funds or securities, execute trades, or have any authority or discretion over any member’s account.
You understand that the Program’s content is general and impersonal in character and is made available to the membership as a whole, and you agree that your membership does not create an advisory, fiduciary, or other relationship of trust or confidence of any kind between you and the Company, Ashley, or any coach.
ALL CONTENT IS PROVIDED FOR GENERAL EDUCATIONAL PURPOSES. 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.
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.
“Member,” “Participant,” “you,” or “your” 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, including but not limited to tradingwithashley.com and any platforms hosted by Kajabi or similar service providers.
“SKIP Call Option” means the proprietary options trading methodology developed and owned by the Company, including all related strategies, techniques, frameworks, educational materials, and intellectual property.
“Confidential Information” means all non-public information disclosed by the Company in connection with the Program, including but not limited to proprietary trading methodologies, strategies, educational curricula, business processes, member lists, and any information designated or reasonably understood to be confidential.
“Coaching Session” means any live or recorded group or individual session in which a Company coach or instructor teaches Program material, discusses general trading concepts, market conditions, or stock tickers, or, if offered, reviews simulated trades, as described in Section 4.7.
“Simulated Trade” means a position entered in a simulated (paper) trading account or exercise that uses no real money, whether or not it references real securities or live or delayed market data.
“Real Account” means any brokerage, retirement, or other account that holds real money or real securities, and a “real position” means a position held in a Real Account.
“AI Feature” and “AI Channel” have the meanings given in Section 15.1.
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 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.
The Company provides access to educational content, community forums, Coaching Sessions, and related services for general educational purposes. The Program is designed to teach general information about options trading concepts, market mechanics, risk, and related topics. Ashley and the coaches teach general principles and may discuss their own trades, portfolios, and reasoning, which reflect their own circumstances. You agree to treat all Content, and everything said in any Coaching Session, Community channel, or AI Feature, as general education for the membership as a whole and not as a recommendation to you. You should not rely on any Content as a basis for making investment decisions. No fiduciary, advisory, or other relationship of trust or confidence is created between you and the Company, Ashley, or any coach.
TWA, its owners, employees, and coaches are NOT: (a) licensed or registered financial advisors; (b) registered investment advisors; (c) broker-dealers; (d) securities professionals registered with the Securities and Exchange Commission, FINRA, or any state securities regulator; or (e) licensed to provide personalized financial, tax, or legal advice. You understand that TWA does not manage money, hold member funds or securities, execute trades for members, or have any authority or discretion over any member’s account, and you agree not to give anyone at TWA access to or control over your accounts.
You agree to treat any discussion in the Program of specific securities, options, trades, positions, prices, strategies, entries, exits, or market examples as general educational illustration, and not as a recommendation that you buy, sell, hold, enter, exit, size, hedge, avoid, or refrain from any security, option, or other financial instrument, even if it concerns a security you own or a situation like yours.
You agree that: (a) you will not ask Ashley, a coach, any other person acting for the Company, or any AI Feature to review or comment on your Real Account or any real position, or to tell you whether to enter, hold, adjust, roll, or exit any trade; (b) you will not share your personal account information, such as account numbers, log-in credentials, balances, holdings, positions, cost basis, statements, income, net worth, tax situation, or financial goals, with Ashley, a coach, or an AI Feature, in a Coaching Session, or in any channel used for questions to coaches or AI Features; (c) if anyone, including Ashley, a coach, another Member, or an AI Feature, says anything that seems to address your own account, positions, or situation, you will treat it as general education, you will not act on it without your own independent analysis, and you remain solely responsible for any decision you make; (d) you will not blindly follow any trade, idea, or personal trading plan of Ashley, a coach, another Member, or an AI Feature, whose account size, risk tolerance, and trading style may differ from yours; and (e) you alone are responsible for assessing your own account, financial circumstances, risk tolerance, and trading style, and for every decision about your real trades.
When Ashley, a coach, or the Company describes, posts, or discusses a trade or position that the person is considering, holds, or has executed, or his or her own portfolio, it is a general educational example of how that person applies a method in his or her own account. You agree that it is not a signal, alert, recommendation, or instruction to act, and that it reflects that person’s own account size, risk tolerance, and trading style, which may differ from yours. Do not blindly follow it. Ashley and the coaches may hold, acquire, or dispose of positions in the securities they discuss at any time, without notice, and the Company has no obligation to update any example. The decision to execute any trade is yours alone, and you must conduct your own analysis and due diligence before making any trading decision.
The Company does not offer or undertake to act as your fiduciary, adviser, agent, partner, or joint venturer, and nothing in this Agreement creates any such relationship or any relationship of trust or confidence between you and TWA, Ashley, or any coach. You agree that you will not place trust or confidence in anyone at TWA for decisions about your own trades or finances. The Company deals with you at arm’s length.
You alone are responsible for deciding whether trading, or any strategy, trade, or instrument discussed in the Program, is suitable for you, and you agree not to ask anyone at TWA to make that determination for you. All indicators, strategies, techniques, methodologies, articles, discussions, and other features of the Program are provided for general educational purposes and are not recommendations to you. 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.
TRADING IN SECURITIES AND OPTIONS INVOLVES SUBSTANTIAL RISK OF LOSS AND IS NOT SUITABLE FOR ALL INVESTORS.
You could lose some or all of your invested capital, and in some cases, losses exceeding your initial investment. Options trading involves unique risks, including but not limited to: leverage risks, time decay, assignment risks, volatility risks, and the potential for rapid and significant losses. You should only trade with capital you can afford to lose entirely.
TWA MAKES ABSOLUTELY NO GUARANTEES, PROMISES, REPRESENTATIONS, OR WARRANTIES REGARDING: (A) ANY SPECIFIC OR GENERAL RESULTS; (B) PROFITS OR FINANCIAL OUTCOMES; (C) INVESTMENT RETURNS; (D) TRADING PERFORMANCE; OR (E) THE EFFECTIVENESS OF ANY TRADING STRATEGY FOR YOUR PARTICULAR CIRCUMSTANCES.
Participation in any TWA program does not guarantee that you will make money, avoid losses, or achieve any particular financial outcome.
PAST PERFORMANCE IS NOT INDICATIVE OF FUTURE RESULTS.
Any performance data, testimonials, case studies, or examples of results achieved by TWA, its coaches, or other Members are historical and do not guarantee that you will achieve similar results. Market conditions change, and what worked in the past may not work in the future. Individual results vary significantly based on factors including but not limited to: trading experience, starting capital, risk tolerance, emotional discipline, market conditions, and time commitment.
BY PARTICIPATING IN THE PROGRAM, YOU EXPRESSLY ACKNOWLEDGE, UNDERSTAND, AND AGREE THAT TRADING INVOLVES AN EXTREMELY HIGH DEGREE OF FINANCIAL RISK AND THAT THE PROGRAM IS PROVIDED FOR GENERAL EDUCATIONAL PURPOSES.
You voluntarily assume all risks associated with trading and with your use of the Program, and you expressly acknowledge, understand, and agree that:
(a) You accept complete, total, and exclusive responsibility for all trading and investment decisions you make and their consequences, whether profitable or unprofitable;
(b) You may lose all invested capital and potentially incur additional losses exceeding your initial investment through margin calls, leverage, or other mechanisms;
(c) The Company provides absolutely no guarantees, warranties, or assurances of profitability or protection against losses;
(d) You will conduct your own independent due diligence, research, and analysis before making any trading decisions;
(e) Every trading decision you make is your own, made on your own judgment or with your own advisers, and you will not rely on anyone at TWA to evaluate your circumstances;
(f) Trading involves significant risk and may not be suitable for all individuals based on their financial circumstances, risk tolerance, and experience level;
(g) Only genuine risk capital that you can afford to lose completely without affecting your lifestyle or financial security should ever be used for trading;
(h) Your use of any information, strategies, or techniques is entirely at your own risk;
(i) You bear sole responsibility for evaluating the accuracy, completeness, reliability, and usefulness of any information provided;
(j) The Company makes no warranties regarding the accuracy, reliability, or completeness of any information; and
(k) You should consult with licensed financial professionals before making any investment decisions.
You are solely responsible for: (a) conducting your own research and due diligence; (b) making your own independent trading and investment decisions; (c) assessing whether any trade or strategy is appropriate for your financial situation, investment objectives, and risk tolerance; (d) all consequences of your trading activities; and (e) consulting with qualified professionals (including licensed financial advisors, tax professionals, and attorneys) before making financial decisions.
To enroll in and participate in the Program, you represent, warrant, and agree that: (a) you are at least eighteen (18) years of age (or the age of legal majority in your jurisdiction, whichever is greater); (b) you have the legal capacity and authority to enter into binding contracts in your jurisdiction; (c) you are not barred from participating under applicable law; (d) your participation does not violate any law, regulation, or contractual obligation to which you are subject; (e) all information you provide during enrollment is truthful, accurate, and complete; and (f) you will promptly update any information that changes during your participation.
Depending on the program tier selected, TWA programs may include some or all of the following components:
(a) Educational Courses: Structured video and written materials accessible through the Kajabi platform designed to teach options trading concepts and strategies, including the proprietary SKIP Call Option methodology;
(b) Discord Community: Access to a private online community for discussion, networking, and peer support, governed by the Community Standards in Article IX and by the channel rules posted in the Community;
(c) Group Coaching Sessions: Live or recorded group sessions that teach Program material, work through exercises assigned to participating Members, and discuss general trading concepts, market conditions, stock tickers, and the coaches’ own trades and portfolios, as described in Section 4.7;
(d) Individual Coaching and Simulated-Trade Review: If offered and included in your program tier or purchased separately, one-on-one Coaching Sessions that Members may book inside the Program, and, if offered, review by a coach, individually or in a group, of simulated (paper) trades, each as described in Section 4.7;
(e) Educational Trade Examples: General educational examples of trades that Ashley or a coach is considering, holds, or has executed in his or her own account, as described in Section 2.4, which are not signals, alerts, recommendations, or advice;
(f) Simulated Trading: If offered, access to, or instructions for using, simulated (paper) trading accounts or exercises, as described in Section 4.7; and
(g) AI Features: Optional AI-assisted features, currently “Ask Ashley AI,” which answers general questions about the Program’s educational materials, and the “TWA Trade Playbook,” which returns entries from a library of Ashley’s documented trading rules and methodology, as described in Article XV.
Where “lifetime access” is offered, such access means access for the lifetime of the Community—that is, for so long as the Company continues to operate the Community (including the Discord server and associated platforms). “Lifetime” refers to the operational life of the Community itself and does not guarantee perpetual or unlimited access tied to the natural life of any individual Member. Lifetime access is subject to: (a) your compliance with this Agreement; (b) the Company’s continued operation of the Community; and (c) the Company’s right to transition programs to new platforms, formats, or structures with reasonable notice. “Lifetime” does not mean a fixed number of years. The two (2) year Refund Eligibility Period in Section 4.4 determines only whether a partial refund is owed if the Company dissolves the Community; it does not limit how long Lifetime access lasts while the Community operates. For refund purposes only, the Lifetime access fee is fully earned after two (2) years of enrollment: if the Company dissolves the Community before then, you may receive only the partial refund described in Section 4.4, upon request and if eligible, and after two (2) years no refund is owed. If the Company transfers the Community to a successor that continues to operate it, Lifetime access continues with the successor. For the avoidance of doubt, Members holding Lifetime access (including, without limitation, “Inner Circle” Members who purchased Lifetime access) are not required to renew, re-enroll, or pay any renewal or continuation fee in order to maintain access to the Program they purchased. If the Company launches additional products, features, or services within the Community in the future (for example, a private trading room), those offerings may carry their own separate fees and terms; any such separately priced offerings are not included in previously purchased Lifetime access, and the Program originally purchased is not affected and remains accessible without renewal.
If the Company, in its sole discretion, elects to permanently dissolve and cease operation of the Community, Members who purchased Lifetime access and whose enrollment date falls within the Refund Eligibility Period (as defined below) may receive, upon request and if eligible, a partial, tenure-based refund of a portion of the Lifetime access fee paid. For the avoidance of doubt, refunds under this Section are available only in the event the Company voluntarily dissolves the Community and are not available if: (a) a Member voluntarily leaves or ceases to participate in the Community; (b) a Member’s access is terminated for breach of this Agreement; or (c) the Company modifies, transitions, or restructures the Community, or transfers it to a successor that continues to operate it, without dissolving it entirely. The Company will notify Lifetime Members by email at least thirty (30) days before the effective date of any dissolution.
The “Refund Eligibility Period” is the two (2) year period immediately following a Member’s initial enrollment date. If the Community is dissolved after a Lifetime Member has been enrolled for two (2) or more years, no refund shall be owed, and the Lifetime access fee is fully earned at the end of the Refund Eligibility Period. If the Community is dissolved before a Lifetime Member has been enrolled for two (2) years, the Company shall, upon the Member’s written request and if the Member is eligible under this Section, issue a partial refund of the Lifetime access fee actually paid by that Member, determined by the Member’s tenure as of the effective date of dissolution, as follows: (a) if the Member has been enrolled for less than twelve (12) months, fifty percent (50%) of the Lifetime access fee paid; and (b) if the Member has been enrolled for twelve (12) months or more but less than twenty-four (24) months, twenty-five percent (25%) of the Lifetime access fee paid. The Company will pay any refund owed under this Section within sixty (60) days after the later of the effective date of dissolution and the Company’s receipt of the Member’s written request, to the Member’s original payment method where possible or otherwise by check to the Member’s address on file. The refund provided in this Section is the only refund owed upon dissolution of the Community. The Company’s good-faith determination of a Member’s tenure and the applicable refund amount shall be final and binding, subject to Article XIII.
Boot Camp and Allocation of Bundled Purchases. Notwithstanding the foregoing, the fee paid for the Company’s “Boot Camp” program (and any other one-time educational, course, or instructional component) is non-refundable in all circumstances other than a refund under the 30-Day Show Up Guarantee in Section 6.2, including upon dissolution of the Community, because such programs deliver educational instruction that the Member retains permanently. The partial, tenure-based refund provided in this Section therefore applies only to the Lifetime community-access portion of a Member’s purchase, and not to the Boot Camp portion or any other educational, course, or one-time instructional component. For any purchase that bundles Boot Camp (or any other non-refundable educational component) with Lifetime access for a single price, the “Lifetime access fee” for purposes of this Section means the portion of the total purchase price allocated to Lifetime community access as stated on the Member’s order form, checkout page, or receipt; if no such allocation is stated, the “Lifetime access fee” shall be deemed to equal fifty percent (50%) of the total amount paid by the Member, with the remaining fifty percent (50%) treated as the non-refundable educational or Boot Camp component. The Company’s good-faith allocation and determination shall be final and binding, subject to Article XIII.
You agree that you are not purchasing specific services or deliverables; instead, you are purchasing access to the goods, deliverables, and/or services that the Company makes available during the time you are enrolled. The Company reserves the right to modify, suspend, discontinue, or change any aspect of the Program at any time without notice or liability. You understand and agree that like any business, the Company must make changes from time to time in terms of the deliverables, goods, and/or services provided. This Section does not limit Sections 4.3 and 4.4.
You are responsible for maintaining the confidentiality and security of your account credentials. Access is personal to you and may not be shared, transferred, or assigned. You agree to immediately notify the Company of any unauthorized use of your account. Sharing credentials may result in immediate termination without refund. The Company is not liable for any loss or damage arising from your failure to safeguard your credentials.
Coaching may be delivered in group sessions and, if offered and included in your program tier or purchased separately, in one-on-one sessions. Coaching Sessions teach Program material, work through exercises, and discuss general trading concepts, market conditions, and stock tickers, and coaches may discuss their own trades and portfolios. If offered and included in your program tier, Simulated-Trade Review is a coach’s review of simulated (paper) trades, individually or in a group. The following terms apply to every Coaching Session and to every other interaction with a coach:
(a) Your coaching questions and trading decisions. You agree to ask questions about general trading concepts, market conditions, stock tickers, or permitted Simulated Trades so that you can evaluate trades for yourself. You will not ask Ashley or a coach to review or comment on your Real Account or a real position, whether open or closed, or to recommend whether you should enter, hold, adjust, roll, or exit a personal trade. You are responsible for assessing your own account, financial circumstances, risk tolerance, and trading style and for making all decisions about your real trades.
(b) Coaches’ perspectives; your decisions. You are to assume that coaches are only sharing their perspective on simulated trades, general trading concepts, or their own trades. TWA coaches are not licensed financial advisors and do not know your personal trading habits, account size, risk tolerance, or the many other factors that a financial advisor would review for your personal situation. Do not blindly follow a coach’s perspective or personal trading plan. You are solely responsible for your account and trades. Do not ask coaches what to do next regarding your personal trades.
(c) Your personal financial information. You will not provide information about your Real Account, account size, income, net worth, savings, age, retirement date, tax situation, or financial goals to a coach or in a Coaching Session. If you provide it anyway, you agree that anything said in response is general education and not advice about your situation.
(d) Simulated accounts. If the Company were to provide a simulated account for learning purposes, every participating Member would start with the same simulated balance.
(e) Covered instruments. Coaching Sessions, simulated exercises, and Program content cover primarily listed equity options, options on securities indexes, and the underlying stocks.
(f) Nothing of value for simulated results. Results in any simulated account or exercise do not entitle you to any prize, payout, funded account, refund, discount, or other thing of economic value.
(g) Recording. Coaching Sessions may be recorded, as described in Section 5.3.
A Simulated Trade may reference real securities and real or delayed market data, but a simulated position is not a real position, and simulated results are subject to the limitations described under “Hypothetical Performance Limitations” above and in the Company’s Earnings Claims Disclosure. You agree not to use a Coaching Session to obtain comment on a real trade that you hold or intend to place, including by presenting a real trade as a simulated one.
The coaching component of the Program, meaning Coaching Sessions (group and one-on-one) and any Simulated-Trade Review, is a separate component from the courses, Content, and Community access that are the principal subject of this Agreement. Any price for the coaching component, or portion of your purchase price attributable to it, that is stated on your order form, checkout page, or receipt is the price of that component. If any provision of this Agreement that governs coaching, or the coaching component itself, is held invalid, unenforceable, or null, the remainder of this Agreement, including your access to the courses, Content, and Community and your payment obligations for them, remains in full force and effect, and you and the Company agree that you would have entered into this Agreement without the coaching component.
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 (“closers”); (c) enrollment through third-party platforms; (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.
Only the terms written in this Agreement bind the Company. No salesperson, closer, coach, affiliate, or other employee, contractor, or agent of the Company has authority to amend, waive, or add to any part of this Agreement, or to make any promise, guarantee, or statement on the Company’s behalf that is not written in this Agreement, including any statement about earnings, income, profits, returns, or results; any refund, cancellation, or payment term; or any discount, price, or special term that is not shown on your order form, checkout page, or receipt. You acknowledge that you have not relied on any such statement in deciding to enroll or to accept this Agreement. If anyone has made you a promise or statement that is not written in this Agreement, do not accept this Agreement until you have raised it with the Company in writing at support@tradingwithashley.com.
In addition, if you enrolled through an affiliate link, a third-party platform, or any other person or business that is not the Company’s own employee or contractor, you expressly acknowledge, understand, and agree that:
(a) Such affiliates, platforms, representatives, and third parties are completely independent of the Company and are not employees, agents, or representatives of the Company;
(b) The Company is not responsible or liable for any representations, statements, promises, warranties, or guarantees made by such third parties;
(c) Only the representations and terms contained within this Agreement are binding upon the Company;
(d) Third parties have absolutely no authority to modify, amend, waive, or alter these terms or make commitments on behalf of the Company;
(e) Any conflicting or additional terms provided by third parties are void and unenforceable;
(f) The Company disclaims all liability for acts or omissions of third parties; and
(g) 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.
You understand that no salesperson, closer, affiliate, or other person who promotes, markets, or sells the Program is authorized to make earnings claims, profit claims, guarantees, investment recommendations, individualized trading advice, or statements inconsistent with this Agreement, or to suggest that you borrow money, use a credit card, or draw on retirement funds to pay for a program, and that any such statement is outside the scope of any authority granted by the Company. You confirm that your decision to enroll, and how you chose to pay, were your own.
If you participate in an enrollment, sales, onboarding, coaching, or other call, chat, or session with the Company, including a call or chat conducted by an AI agent on the Company’s behalf, you understand and consent to the Company recording and transcribing it for quality assurance, training, verification, compliance, and related business purposes. This recording may be used as evidence of your agreement to these terms. Any call, chat, or session may be recorded, including Coaching Sessions, and your consent in this Section applies whether or not a recording notice is repeated during the call. If you do not wish to be recorded, you may decline to join a recorded call, or you may attend a group session without speaking or sharing your camera or screen, or watch the recording instead. You acknowledge that the laws of some states require the consent of all parties to record a call, and you agree to tell any other person you bring onto a call that it will be recorded. Recordings and transcripts may be retained, and recordings of group sessions may be made available to other Members within the Program.
You acknowledge that this Agreement is presented to you electronically and that your affirmative act of checking a box, clicking “I Agree,” “Accept,” or a similar button, or adopting or typing your electronic signature, including through an electronic-signature service such as DocuSign, constitutes your binding assent to all terms and conditions herein. You acknowledge that you had a reasonable opportunity to review the complete terms before providing your assent and that no time pressure was exerted to prevent your review.
You agree that you have had sufficient time to review this Agreement and all incorporated documents and have consulted with an attorney or other advisor of your choice, or voluntarily chose not to do so. You agree and understand that you could have postponed the enrollment process if you needed additional time.
By enrolling, you agree to pay all fees associated with your selected program according to the payment schedule presented at checkout. All fees are quoted in U.S. dollars. You authorize TWA to charge your provided payment method for all applicable fees. 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.
The 30-Day Show Up Guarantee is a conditional refund: put in the work in your first thirty (30) days, and if the Program is not right for you, you may receive a full refund of the purchase price of the Program. To qualify, you must complete ALL of the following within thirty (30) calendar days after your initial purchase date:
(a) Complete Phase 1 of the 40-Day Roadmap in the Program, including passing the Foundations Quiz, as tracked by the Company’s systems;
(b) Log at least three (3) paper (simulated) trades in your TWA Trade Journal;
(c) Post your introduction and at least three (3) questions in the Community; and
(d) Before the end of that thirty (30) day period, contact support at support@tradingwithashley.com to request the refund, and include a screenshot of the paper trades you logged in your TWA Trade Journal.
If you satisfy all of these requirements, the Company will refund the full purchase price of the Program to your original payment method within thirty (30) days after it receives your complete request.
The 30-Day Show Up Guarantee does not apply to any monthly or other recurring membership or subscription, including the New Trader Network and the Private Trading Room, whether purchased on its own or together with another Program.
LIMITATIONS REGARDING REFUNDS: Except as provided in Section 4.4 (dissolution of the Community), Section 9.2 (termination other than for your violation), or Section 16.8 (modifications), or as required by applicable law, no refunds are available after the 30-day period. No refunds are available under Section 6.2 if you fail to complete all requirements within the 30-day window. Individual coaching or Simulated-Trade Review sessions, if purchased separately, are non-refundable once the session has been held. Programs purchased at promotional or discounted pricing may be subject to different refund terms, which will be stated at checkout. The Company’s determination regarding refund eligibility is final, subject to Article XIII.
A refund under Section 6.2 ends your enrollment in, and your access to, the refunded Program.
You agree to contact TWA directly at support@tradingwithashley.com to resolve any billing issue before initiating a chargeback or payment dispute with your financial institution. Nothing in this Agreement limits any right you have under federal or state law to dispute a charge with your card issuer or financial institution. If you initiate a chargeback or payment dispute after receiving access to Program Content, the Company may suspend your access to the Program while the dispute is pending. If the dispute is resolved in the Company’s favor, you are responsible for the amount owed, together with any fee that the Company’s payment processor charged the Company because of the dispute, and the Company may pursue collection of those amounts through lawful means.
The Company may change Program pricing for new purchases at any time. For a recurring subscription, the Company will give you advance notice of a price change, as described in Section 6.8, before the new price applies to you. A price change does not affect the price of a Lifetime purchase or of an installment plan you have already agreed to. The Company has no obligation to provide price matching or retroactive discounts. No representations made by third parties regarding pricing are binding on the Company.
If you are on a payment plan and experience financial hardship, you may request a temporary pause of recurring payment obligations by providing written notice to the Company at least five (5) business days before your next scheduled billing date. During any payment suspension period: (a) all access to Program Content, Community features, and other benefits will be completely suspended; (b) you will not accumulate or accrue any benefits or access rights; (c) the Company has no obligation to maintain your account or data; (d) you may lose access to time-limited content or cohort-specific materials; and (e) 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.
If your Program includes a recurring subscription or auto-renewal feature, the following terms apply: (a) the existence of the recurring charge, its frequency, and its amount, that the charge continues until you cancel, and how to cancel will be clearly and conspicuously disclosed to you before you subscribe; (b) before you are charged, you will be asked to give your express, affirmative consent to the recurring charge, separately from your acceptance of this Agreement, and the Company will keep a record of that consent for as long as applicable law requires; (c) you may cancel your subscription at any time, without a cancellation fee, by emailing support@tradingwithashley.com or through the cancellation control in your account settings, and if you subscribed online you may cancel online without having to speak to a person; (d) the cancellation process will be no more difficult than the enrollment process; (e) upon cancellation, your access will continue through the end of your current billing period, and no further charges will be processed, and the Company will provide you with confirmation of cancellation within a reasonable time; (f) after you subscribe, the Company will send you an acknowledgment that includes the automatic-renewal terms and how to cancel; (g) the Company will give you notice by email before any price increase 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, and where the law of your state requires your affirmative consent to a price increase, the Company will obtain it; and (h) where your subscription automatically renews and the law of your state of residence requires advance notice of renewal or periodic renewal reminders (including, for example, for subscription terms of one year or longer), the Company will provide an advance renewal-reminder notice within the time period, and containing the information and cancellation instructions, required by such applicable law. To the extent your state law affords any additional non-waivable rights regarding automatic-renewal or negative-option subscriptions, nothing in this Agreement limits those rights. For Louisiana residents, such automatic-renewal terms and cancellation instructions will be provided in a clear and conspicuous manner, to the extent required by law.
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 (including the “SKIP Call Option” trademark and methodology), 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. The Company reserves all rights not expressly granted in this Agreement.
Subject to your strict compliance with all terms and conditions of this Agreement and your payment in full of all applicable fees, the Company grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable personal license to access and use the Content solely for your own personal, non-commercial educational purposes. This limited license is expressly conditioned upon your continuous compliance with this Agreement and automatically terminates upon any breach.
This license explicitly prohibits, and you agree NOT to:
(a) Copy, reproduce, duplicate, download (except temporary caching), store, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content;
(b) Create derivative works based on or incorporating any Content;
(c) Use screen recording, screen capture, automated tools, or any other means to copy or capture Program materials;
(d) Share, transfer, or provide access credentials to any other person;
(e) Reverse engineer, decompile, or disassemble any proprietary software, tools, or technical systems provided through the Program;
(f) Use Content for any commercial purpose or monetary gain;
(g) Teach, share, communicate, or otherwise make Content available to others;
(h) Remove, alter, or obscure proprietary notices;
(i) Use Content to compete with the Company;
(j) Aggregate or compile Content into databases or collections;
(k) Use Content for machine learning or AI training; and/or
(l) Violate any applicable laws or third-party rights.
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 host, store, reproduce, distribute, prepare derivative works of, and display your User Submissions within the Program, and to use them to operate, evaluate, and improve the Program, the Company’s AI Features, and its other educational services, including in de-identified form in Program Content, in any medium now known or later developed, without compensation or attribution to you. User Submissions include all messages, posts, and content you submit within the Community (including the Discord server) and all Inputs to, and interactions with, any AI Feature. You also grant the Company a worldwide, non-exclusive, royalty-free license, which continues until you withdraw it under Section 8.4, to reproduce, display, publish, distribute, and excerpt your User Submissions (other than your Inputs to an AI Feature), including posts and screenshots you share in the Community, in the Company’s advertising and marketing in any medium, together with your username or your first name and last initial, and to permit its marketing service providers and platforms to do so on its behalf, and you consent to that use. If the Company asks to use a User Submission that shows or describes a trading result, Section 8.1 applies. Ideas, suggestions, and feedback that you send the Company about the Program may be used for any purpose.
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; and (d) you waive any moral rights in your User Submissions. The Company has no obligation to use, maintain, or preserve any User Submissions.
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 may monitor for unauthorized use of its intellectual property and may pursue all available legal remedies against violators. 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. In addition to actual damages, the Company may seek statutory damages and recovery of its attorneys’ fees, costs, and expenses incurred in enforcing its intellectual property 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 represent that any testimonial you provide is accurate and reflects your honest opinion and experience, and that you are of the age of majority in your state of residence (or, if not, that your parent or legal guardian has consented to this grant on your behalf). This license is granted only to the extent permitted by, and is subject to, any applicable state right-of-publicity, right-of-privacy, or similar law, including any provisions governing the use of a minor’s name or likeness and any post-mortem rights of publicity; nothing in this Section requires any use that such law prohibits, and you may withdraw your consent prospectively as provided in Section 8.4. By providing a testimonial, you consent to the Company’s use of it, and of your name, likeness, voice, and general location, as described in this Section. If your testimonial, or any User Submission the Company asks to use under Section 7.4, shows or describes a trading result (for example, a screenshot showing a profit, a return, or an account balance), you agree, at the Company’s request, to provide records from your broker, exchange, or account provider that support the result described and a signed statement that the testimonial or submission is accurate and that you have disclosed any compensation or benefit you received from the Company. Results from a simulated or paper-trading account, output from an AI Feature, a document you prepared yourself, or a screenshot of any of these is not a record that supports a result. You agree to tell the Company if you receive any compensation, discount, or other benefit from the Company in connection with a testimonial.
You acknowledge that Company may capture your image, likeness, and voice in photographs, video, audio, live streaming, or other media during Program activities (including coaching calls and community events), and may use such recordings within the Program, including by making recordings of group sessions available to other Members. Your consent in this Section covers use of those recordings within the Program; use in advertising or marketing outside the Program of a recording that shows your likeness or includes your voice requires your separate written consent. Such recordings may be in the form of photographs, videotape, film, sound recordings, or any other format, and may be incorporated in the production, use, and distribution of any media.
You are not permitted to use any device capable of recording audio, photographic, or video data to capture Program content unless specifically and explicitly authorized in writing by Company. If personal recordings are made in violation of this Section, they may infringe upon the rights of Company or third parties. Personal recordings may not be published, sold, reproduced, transmitted, distributed, or posted online.
You may withdraw your consent under Section 7.4, Section 8.1, or Section 8.2 for future use of your User Submissions, testimonial, name, likeness, or voice in advertising or marketing at any time by emailing support@tradingwithashley.com. After the Company receives your notice, it will not use them in new advertising or marketing and will remove them, within a reasonable time, from its website, social-media accounts, and other marketing materials that it controls, but it is not required to recall or change materials that were distributed or published before it received your notice.
Participation in the Community requires maintaining professional, respectful conduct at all times. The following behaviors are strictly prohibited and may result in suspension or termination under Section 9.2:
(a) Harassment, bullying, threatening, stalking, or intimidating any person;
(b) Hate speech, discrimination, or prejudice based on race, ethnicity, religion, gender, sexual orientation, disability, or any other characteristic;
(c) Spam, unsolicited advertising, promotional materials, or unauthorized commercial activity;
(d) Sharing, distributing, or making available any proprietary Content or intellectual property;
(e) Providing investment advice, recommendations, or personalized guidance to other participants;
(f) Misrepresenting your affiliation with or authorization from the Company;
(g) Impersonating any person or entity;
(h) Posting inappropriate, offensive, obscene, or unlawful content;
(i) Engaging in or promoting illegal activities;
(j) Manipulating or attempting to manipulate discussions or markets;
(k) Posting false, misleading, or deceptive information;
(l) Violating any applicable laws or regulations;
(m) Disrupting the Community or Program operations;
(n) Using automated tools or bots;
(o) Posting information about your Real Account, your real positions, or your personal finances in any channel designated for questions to coaches or to AI Features, or asking a coach or an AI Feature what you should do about a real position or an open simulated position; and/or
(p) Any other conduct deemed inappropriate by the Company in its sole discretion.
The Company may suspend, restrict, or terminate your access to any or all aspects of the Program immediately for any material violation of this Agreement or the Community Standards. Upon termination for violation, you have no right to a refund of fees paid. If the Company terminates your access for any reason other than your violation, it will refund the unused portion of any prepaid subscription period and, for Lifetime access, upon your written request, the amount that would be owed under Section 4.4 if the Community were dissolved on the termination date. The Company’s decision regarding violations and terminations is final, subject to Article XIII. Terminated users may not re-enroll without express written permission.
THE PROGRAM, ALL SERVICES, THE SITE, AND MATERIALS ARE PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’ WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO: (A) IMPLIED WARRANTIES OF MERCHANTABILITY; (B) FITNESS FOR A PARTICULAR PURPOSE; (C) NON-INFRINGEMENT; (D) TITLE; (E) ACCURACY OF DATA; (F) SYSTEM INTEGRATION; AND (G) QUIET ENJOYMENT.
THE COMPANY DOES NOT WARRANT THAT: (A) THE PROGRAM, SERVICES, MATERIALS, OR SITE WILL BE UNINTERRUPTED OR ERROR-FREE; (B) DEFECTS WILL BE CORRECTED; (C) THE PROGRAM, SERVICES, MATERIALS, AND SITE, OR THE SERVERS THAT MAKE THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE USE OF THE PROGRAM, SITE, MATERIALS, AND/OR SERVICES WILL BE SECURE, TIMELY, OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEMS, OR DATA.
YOU ACKNOWLEDGE THAT: (i) the Program, Site, Materials, and Services could include technical or other mistakes, inaccuracies, or typographical errors; (ii) the Program, Site, Materials, and Services may become inoperable or otherwise unavailable for periods of time; and (iii) Program, Site, Materials, and/or Services may become out of date and Company makes no commitment to update them.
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, or any other legal theory, and whether or not the Company has been advised of the possibility of such damages. This limitation does not apply to the claims described in Section 11.3.
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, COACHES, STAFF, ASSOCIATED PERSONS, REPRESENTATIVES, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, SAVINGS, BUSINESS OPPORTUNITIES, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES.
This exclusion applies 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.
NOTHING IN THIS ARTICLE XI OR ELSEWHERE IN THIS AGREEMENT LIMITS OR EXCLUDES THE COMPANY’S LIABILITY FOR FRAUD, FOR INTENTIONAL OR GROSS FAULT, FOR PHYSICAL INJURY, OR FOR ANY CLAIM UNDER A FEDERAL OR STATE SECURITIES LAW OR CONSUMER-PROTECTION STATUTE.
Nothing in this Article XI 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.
ANY CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE PROGRAM IS SUBJECT TO THE LIMITATIONS OR PRESCRIPTIVE PERIOD THAT APPLICABLE LAW PROVIDES FOR THAT CLAIM. NOTHING IN THIS AGREEMENT SHORTENS THAT PERIOD.
FOR LOUISIANA RESIDENTS: The limitations of liability set forth herein are enforceable under Louisiana law, subject to the provisions of the Louisiana Civil Code and the Louisiana Products Liability Act (LPLA), La. R.S. 9:2800.51 et seq. Nothing in this clause shall be construed to limit liability for intentional or gross fault (faute lourde), fraud (dol), or to the extent prohibited by the LPLA or other applicable Louisiana law. This Agreement does not waive any non-waivable rights you may have under the Louisiana Unfair Trade Practices and Consumer Protection Law (LUTPA), La. R.S. 51:1401 et seq., to the extent such rights are applicable and non-waivable.
You acknowledge that the limitations set forth herein are an essential basis of the bargain between you and Company and are intended to be applied consistently with Louisiana Civil Code article 2004. Further, you acknowledge and agree that the disclaimers, limitations of liability, exclusions of damages, indemnification obligations, arbitration provisions, jury-trial waiver, class-action waiver, refund limitations, and other risk-allocation provisions set forth in this Agreement are intended to be, and shall be construed and applied so as to be, valid and enforceable under Louisiana law, including Louisiana Civil Code article 2004. You further acknowledge that such provisions do not limit, exclude, release, or waive liability for intentional or gross fault, fraud, physical injury caused by Company, or any other liability or right that cannot be limited, excluded, released, waived, or indemnified against under applicable law.
FOR TEXAS RESIDENTS: The limitations of liability in this Agreement apply to Texas residents only to the extent permitted by Texas law. This Agreement does not waive any non-waivable rights you may have under the Texas Deceptive Trade Practices—Consumer Protection Act (Tex. Bus. & Com. Code §§ 17.41 et seq.) to the extent such rights are applicable and non-waivable.
FOR CALIFORNIA RESIDENTS: The limitations of liability set forth herein do not apply to the extent prohibited by the California Consumer Privacy Act (CCPA). Nothing in this limitation of liability clause shall be construed to limit or waive your rights under the Unruh Civil Rights Act.
FOR NEW JERSEY RESIDENTS: Nothing herein restricts your ability to recover damages or attorneys’ fees where mandated by statute. The limitations, exclusions, and disclaimers herein are intended to be only as broad as permitted under New Jersey law.
FOR ILLINOIS RESIDENTS: This Agreement does not waive, and nothing herein shall be construed to waive or modify, any of your rights, provisions, or remedies under the Illinois Consumer Fraud and Deceptive Business Practices Act (815 ILCS 505/1 et seq.), which by statute (815 ILCS 505/10c) renders any such waiver or modification void and unenforceable. The limitations of liability herein apply to your Illinois-law claims only to the extent permitted by that Act.
FOR FLORIDA RESIDENTS: This Agreement does not waive any rights or remedies you may have under the Florida Deceptive and Unfair Trade Practices Act (Fla. Stat. § 501.201 et seq.) to the extent such rights are applicable and cannot be waived or limited under applicable law. The limitations of liability herein are intended to apply only to the extent permitted by Florida law.
FOR NEW YORK RESIDENTS: Nothing in this Agreement is intended to waive or limit any rights or remedies you may have under New York General Business Law §§ 349 and 350 (deceptive acts and practices and false advertising) to the extent those rights are non-waivable under New York law. The limitations of liability herein apply to your New York-law claims only to the extent permitted by applicable law.
FOR MASSACHUSETTS RESIDENTS: Nothing in this Agreement waives or limits any rights or remedies you may have as a consumer under the Massachusetts Consumer Protection Act, G.L. c. 93A, § 9, which rights are not waivable in advance by contract as a matter of Massachusetts public policy. The limitations of liability herein apply to your Chapter 93A claims only to the extent permitted by Massachusetts law.
FOR ILLINOIS RESIDENTS — BIOMETRIC INFORMATION: The AI Channel and the Company’s features are not designed to collect voiceprints or other biometric identifiers or biometric information. To the extent the Company at any time collects, captures, or obtains a voiceprint or other biometric identifier or biometric information from an Illinois resident (for example, if voice input is enabled), that collection is subject to the Illinois Biometric Information Privacy Act (740 ILCS 14/1 et seq.), including its written-notice and written-consent requirements, and nothing in this Agreement waives or limits any rights or remedies you may have under that Act.
FOR WASHINGTON RESIDENTS: Nothing in this Agreement waives or limits any rights or remedies you may have under the Washington Consumer Protection Act (RCW 19.86), and no provision of this Agreement shall be construed or applied to seriously impair your ability to bring a claim under that Act; the limitations of liability herein apply to your Washington Consumer Protection Act claims only to the extent permitted by Washington law. In addition, to the extent the Washington My Health My Data Act (RCW 19.373) applies to any data the Company collects from you, nothing in this Agreement waives or limits any rights you may have under that Act, and any such data is subject to that Act.
NOTICE FOR ALL STATE RESIDENTS: Nothing in this Agreement is intended to waive, limit, release, or require the waiver of any right, defense, claim, remedy, or protection that cannot be waived, limited, released, or disclaimed under applicable law. The inclusion of this provision, or any other savings clause or compliance-related provision in this Agreement, is not an admission or acknowledgment that any particular law, regulatory regime, registration requirement, professional obligation, fiduciary duty, or advisory relationship applies to the Company, the Program, or any Company service. However, to the maximum extent permitted, you agree to the terms and conditions set forth herein.
YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT 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.
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) asserted by a third party and arising out of or relating to:
(a) Your use or misuse of the Site, Program, Content, Materials, Ask Ashley AI, the TWA Trade Playbook, the AI Channel, or Community features;
(b) Your trading, investment, or financial activities and decisions;
(c) Your violation or breach of any provision of this Agreement;
(d) Your violation of any applicable law, regulation, or third-party right;
(e) Any User Submissions or content you post, upload, or transmit;
(f) Your negligence, misconduct, intentional wrongdoing, or criminal activity;
(g) Your interactions with other Program participants;
(h) Any misrepresentation you make;
(i) Your unauthorized use of Content or intellectual property;
(j) Any claims that your actions caused harm to third parties;
(k) Your failure to maintain account security; and/or
(l) Any other activities in connection with the Program.
Notwithstanding the foregoing, this indemnification obligation does not extend to, and you are not required to indemnify, defend, or hold harmless any Indemnified Party against, any claim, loss, or expense to the extent it arises from such Indemnified Party’s own negligence, gross or intentional fault, fraud, or violation of law, or any right or claim that cannot lawfully be the subject of an indemnity under applicable law. 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.
This Agreement shall be governed by and construed in accordance with the laws of the State of Louisiana, without regard to its conflict of laws principles. You acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the foregoing, these Terms shall not deprive you of any mandatory consumer protections under the law of the country or state where you have your habitual residence that cannot be waived by agreement.
Notwithstanding the preceding sentences with respect to the substantive law governing this Agreement, 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 State of Louisiana.
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. The party raising the Dispute must send a written notice of the Dispute to the other party describing: (a) the nature and factual basis of the claim; (b) the specific relief sought, including any monetary amount requested; and (c) the sending party’s contact information. If you are raising the Dispute, you must send the notice to the Company at support@tradingwithashley.com; if the Company is raising the Dispute, it must send the notice to you at the email or mailing address in the Company’s records for your account. If you and the Company are unable to resolve the Dispute through negotiation within thirty (30) days of the initial notice, either party may proceed to arbitration.
PLEASE READ CAREFULLY — THIS AFFECTS YOUR LEGAL RIGHTS IN THE INTEREST OF RESOLVING DISPUTES IN THE MOST EXPEDIENT AND COST-EFFECTIVE MANNER, AND EXCEPT AS DESCRIBED IN SECTION 13.6 BELOW AND UNLESS YOU OPT OUT UNDER SECTION 13.10, YOU AND COMPANY AGREE THAT EVERY DISPUTE, AS DEFINED IN SECTION 13.3, WHETHER IT AROSE BEFORE OR AFTER YOU ACCEPTED THIS AGREEMENT, 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 this 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. It also includes every other Dispute, including any Dispute about the Company’s advertising or about calls, text messages, or emails you received from the Company, and it applies to Disputes that arose before you accepted this Agreement as well as to those that arise afterward. Despite the preceding paragraph, this Section 13.4 does not apply to a claim in a lawsuit or arbitration (including a proposed class action) that was already filed when you accepted this Agreement, if you are a party to that case or a member of the proposed class. Later changes to this Article XIII are governed by Section 13.12.
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.
Any arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures and shall be conducted by 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 Article XIII conflicts with those Minimum Standards, the Minimum Standards control. The arbitration shall take place in Bossier Parish, Louisiana, or, at your election, by video conference or telephone. The arbitrator shall have the authority to award any remedy that would be available in a court of law on an individual basis, and the arbitrator’s award shall be final and binding on both parties. Arbitration fees and costs shall be allocated in accordance with the applicable JAMS rules, and the Company shall 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. Except where a statute applicable to a Member’s claim requires or authorizes an award of attorneys’ fees or costs to a prevailing party, each party shall bear its own attorneys’ fees, costs, and expenses in connection with any arbitration or other proceeding arising under this Agreement, regardless of the outcome. Where such a statute applies, the arbitrator shall have the authority to award attorneys’ fees and costs to the extent, and to the party, that the statute requires or authorizes. The arbitrator, and not any court, has exclusive authority to resolve any dispute about the interpretation, applicability, enforceability, or formation of this Article XIII, except that a court will decide whether the class action waiver in Section 13.7 is enforceable. Judgment on the arbitration award may be entered in any court having jurisdiction.
Nothing in this 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 if the claim qualifies; (b) bring a complaint before a federal, state, or local agency that is authorized to hear it; (c) seek temporary or preliminary injunctive relief in a court of law to preserve the status quo pending arbitration, or injunctive relief to protect intellectual-property rights; (d) file suit in a court of law to address an intellectual property infringement claim; or (e) pursue any remedy under federal or state law that cannot be waived. If you are a California resident and you seek public injunctive relief under California law, that request will be severed and decided by a court after the arbitration of your individual claims is complete, and the court proceeding on that request will be stayed until then.
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.
If this class action waiver is found to be unenforceable as to a particular claim, then the agreement to arbitrate in this Article XIII will not apply to that claim, which will be heard in court under Section 13.9, and this Section 13.7 will not be severed from the agreement to arbitrate.
YOU HEREBY EXPRESSLY, KNOWINGLY, VOLUNTARILY, INTENTIONALLY, UNCONDITIONALLY, AND IRREVOCABLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL RIGHTS TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING, ACTION, OR COUNTERCLAIM (WHETHER BASED ON CONTRACT, TORT, OR OTHERWISE) ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THIS AGREEMENT, THE TRANSACTIONS CONTEMPLATED HEREBY, THE USE OF THE SITE, SERVICES, AND/OR PARTICIPATION IN THE PROGRAM.
You acknowledge and agree that: (1) this waiver is a material inducement for the Company to make the Program available to you; (2) you have had the opportunity to discuss this waiver with legal counsel of your choice; (3) you have read and fully understand the consequences of this waiver; (4) you understand that you may otherwise have a right to a trial by jury, and with full knowledge and understanding of this right, you are hereby waiving this right; (5) this waiver is made knowingly, voluntarily, and intentionally, and not under coercion or duress; and (6) this waiver is conspicuous, being set forth in capital letters.
THE SERVICES, SITE, AND ANY PRODUCT, INFORMATION, GOOD, COURSE, RESOURCE, OR EVENT PROVIDED BY COMPANY SHALL BE DEEMED SOLELY BASED IN THE STATE OF LOUISIANA.
In the event that litigation is permitted under this Agreement (including appeals of arbitration awards or if the arbitration agreement is found unenforceable), you and Company agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within or having jurisdiction over Bossier Parish, Louisiana, for the purpose of litigating any such dispute. You waive any objection to venue or jurisdiction 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.
You may opt out of the agreement to arbitrate in this Article XIII 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 this version of the Agreement. If you opt out, Disputes will be resolved in court as provided in Section 13.9. Opting out does not affect any other provision of this Agreement.
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, you and the Company 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 13.3 is completed for that claimant.
If the Company changes this Article XIII after you accept it, the change will not apply to any Dispute of which the Company had written notice before the change took effect. You may reject a change to this Article XIII by emailing support@tradingwithashley.com within thirty (30) days after the Company gives you notice of it, in which case the version of this Article XIII that you last accepted continues to apply to you.
In connection with the Program, the Company collects and processes certain personal information, which may include your name, email address, billing information, Discord username, IP address, device and browser information, and usage data relating to your interactions with the Program, Site, and Community, including your questions to and interactions with AI Features and with any AI agent that communicates with you on the Company’s behalf, and recordings and transcripts of calls and chats. You consent to the collection, storage, and processing of such information as described in this Article and the Company’s Privacy Policy, available on the Site.
The Company uses your personal information for the following purposes: (a) to provide and administer the Program and your account; (b) to process payments and manage billing; (c) to communicate with you regarding the Program, including service notifications and educational content; (d) to send marketing communications in accordance with your choices, including marketing text messages, and marketing calls made with an autodialer or an artificial, prerecorded, or AI-generated voice, only with your separate consent (from which you may opt out); (e) to improve the Program and develop new content, and to use your User Submissions in the Company’s marketing as described in Section 7.4; (f) to enforce this Agreement and protect the Company’s rights; (g) to comply with legal obligations; and (h) as otherwise described in the Company’s Privacy Policy.
The Company uses administrative, technical, and physical safeguards intended to protect your personal information from unauthorized access, use, or disclosure. However, no method of electronic transmission or storage is completely secure, and the Company cannot guarantee absolute security. You acknowledge and accept this inherent risk.
Depending on the state in which you live, you may have rights regarding your personal information under that state’s privacy laws. The Company’s Privacy Policy describes those rights, how to exercise them, and how the Company collects, uses, shares, and protects personal information, and it controls if it conflicts with this Article XIV. You may exercise your rights under applicable state privacy laws by contacting support@tradingwithashley.com.
The Company may share your personal information with third-party service providers who assist in operating the Program (such as payment processors, hosting providers, communication platforms, and the providers of AI Features), subject to appropriate contractual protections. The Company does not sell personal information in exchange for money. The Company does not share your mobile telephone number, text-messaging opt-in data, or messaging consent information with third parties or affiliates for marketing or promotional purposes.
This Article governs your access to and use of any artificial-intelligence feature that the Company makes available as part of the Program, including the AI-assisted features currently known as “Ask Ashley AI” and the “TWA Trade Playbook” and any other AI-assisted question-and-answer feature offered within the Community’s Discord server or elsewhere in the Program (each, an “AI Feature”). This Article supplements, and does not replace, the balance of this Agreement, including the Important Disclosures and Risk Warnings and Articles I through XIV. AI Features are optional; your access to and use of all other components of the Program are not conditioned on your use of any AI Feature. In the event of any conflict between this Article and another provision of this Agreement on an AI-specific subject, this Article controls; in all other respects, the balance of this Agreement controls. Capitalized terms used but not defined in this Article have the meanings given in Article I.
As used in this Agreement:
“AI Channel” means each chat channel or feature within the Community (including the Discord server) in which an AI Feature generates responses to questions submitted by Members, and all of them together.
“AI Assistant” means the artificial-intelligence software, models, retrieval system, and associated infrastructure used to generate responses in the AI Channel, including any third-party large language models, retrieval-augmented-generation systems, hosting platforms, or other technology that the Company may use, modify, or replace in its sole discretion.
“Input” means any prompt, question, message, file, or other content that you or any user submits in or to the AI Channel.
“Output” means any text or other content that the AI Assistant generates in response to an Input.
AI FEATURES ARE OPTIONAL EDUCATIONAL TOOLS. An AI Feature is a software tool that retrieves passages from a corpus of Company-owned educational materials (which may include, without limitation, recordings of live coaching calls, masterclasses, webinars, YouTube videos, and other Content) and generates text in response to questions. It is not a person. It is not Ashley, and it is not a coach, adviser, fiduciary, broker, dealer, or representative of the Company. Its answers are generated automatically and are not written or reviewed by Ashley or any coach before you see them. It does not have access to live financial markets, your brokerage account, or your portfolio, and it cannot evaluate the suitability of any trade or strategy for you. AI Features are designed to answer general questions about the Program’s educational materials, concepts, and methodology. Consistent with Section 2.3, you agree not to ask an AI Feature about your Real Account, your positions, or what you personally should buy, sell, hold, or do, and not to include personal financial information in any question. If an AI Feature’s answer appears to address your own account, positions, or situation, you agree that it is not advice to you and that you will not act on it. Any statement by an AI Feature about earnings, income, returns, or performance is not a statement of what you can expect, and the Company’s Earnings Claims Disclosure applies to it. An AI Feature may restate a question in general form, and its answers may be visible to other Members. Nothing an AI Feature says is financial advice or advice attuned to your portfolio, your positions, your finances, or your circumstances, and you agree not to treat it as such. Every AI Feature’s output is generated by AI and is not financial advice, whether or not it is labeled that way. No fiduciary, advisory, agency, partnership, or trust relationship is created by your use of an AI Feature.
The TWA Trade Playbook. The TWA Trade Playbook is an AI Feature that looks up entries from a library of Ashley’s documented trading rules and methodology (the “Playbook Library”). You understand that the Playbook Library describes how Ashley approaches general situations in her own trading and is general education written for the membership as a whole, and you agree that no entry is a recommendation to you or an evaluation of your position, even if you ask about your own trade or an entry seems to fit your situation. The TWA Trade Playbook’s wording is generated by software and can misstate or leave out parts of the underlying entry, and the Playbook Library itself may be incomplete or out of date.
THE AI ASSISTANT CAN AND DOES MAKE MISTAKES. ITS OUTPUTS CAN BE WRONG, INCOMPLETE, OUT OF DATE, INTERNALLY INCONSISTENT, OR ENTIRELY FABRICATED. Without limiting the risk disclosures elsewhere in this Agreement, you acknowledge, understand, and accept the following AI-specific risks:
(a) Hallucinations and inaccuracy. Large language models routinely produce content that sounds confident but is factually incorrect, made up, or attributed to people or sources who never said it. The AI Assistant may invent quotations, citations, statistics, prices, dates, contract terms, strategy parameters, or other particulars. You must independently verify anything you intend to rely upon.
(b) Mischaracterization of Company views. Even when the AI Assistant draws from Company-owned Content, it may misstate, oversimplify, paraphrase incorrectly, omit critical context, combine unrelated points, or attribute positions to Ashley or to the Company’s coaches that they do not in fact hold. The AI Assistant is not a substitute for hearing a coach speak directly, attending a live class, or asking a question in a coach-staffed channel.
(c) Periodic updates; not current. The AI Assistant’s underlying data corpus is fixed in time and is updated only periodically. Content from the most recent month or longer may not yet be incorporated into the AI Assistant; if you ask about something new or recent, the AI Assistant may not have that information. The AI Assistant is not good with current events and has no way to know what is current at the time of your question. Market conditions, regulatory rules, brokerage features, tax laws, and the Company’s own teachings can change after the corpus was compiled.
(d) Retrieval failures and unpredictability. The AI Channel relies on a retrieval-augmented-generation database, and its behavior is inherently variable and unpredictable. The AI Assistant may fail to retrieve relevant Content even when relevant Content exists, may retrieve or prioritize less relevant Content, or may apply Content from one context to a different context where it does not belong.
(e) Do not include personal information. AI Features are not designed to take into account your account size, tax situation, risk tolerance, time horizon, positions, employment, jurisdiction, or any other personal circumstance. Do not include them in a question. If you do, you should not treat any Output as tailored to you, even if it seems to be.
(f) Third-party components. The AI Assistant may incorporate or use third-party large language models, hosting platforms, retrieval engines, and related technologies that the Company does not control. The Company makes no representation or warranty regarding the performance, availability, security, or behavior of those third-party components.
(g) Operational limits; persistent, group history. The AI Channel may be slow, unavailable, rate-limited, modified, or discontinued at any time, with or without notice, and the Company does not promise any particular response time, accuracy level, uptime, or continued availability. The AI Channel is a shared, group feature, and its history is persistent and may be visible to other participants; it is not a private or one-to-one channel. The Company may log and retain Inputs and Outputs, including when a message is hidden from view in the channel.
YOU AGREE THAT YOU WILL NOT MAKE, REFRAIN FROM MAKING, OR EXIT ANY TRADING, INVESTMENT, FINANCIAL, TAX, LEGAL, OR OTHER DECISION IN RELIANCE ON ANY OUTPUT, AND THAT YOU WILL CONDUCT YOUR OWN DUE DILIGENCE AND INDEPENDENT RESEARCH AND CONSULT LICENSED PROFESSIONALS OF YOUR CHOICE BEFORE ACTING. Any decision you make is based solely on your own independent judgment, and any suggestion by the AI Assistant that you “consult a coach” or “post in another channel” does not transfer responsibility for your decisions; you remain solely responsible for your decisions and their consequences.
Without limiting the risk disclosures in the Important Disclosures and Risk Warnings or Article III, you reaffirm that trading securities, options, futures, currencies, digital assets, and other financial instruments involves substantial risk of loss; that you may lose some, all, or more than your invested capital; that past performance, whether actual or hypothetical, is not indicative of future results; that hypothetical and example trades referenced in any Output are illustrative only; that you should trade only with capital you can afford to lose entirely; and that no Output constitutes a recommendation, solicitation, or guarantee of any outcome. You bear sole responsibility for evaluating whether any concept, strategy, or example referenced in an Output is appropriate for you and consistent with advice from your own licensed professionals.
In addition to the Community Standards in Article IX and the license restrictions in Article VII, you agree that you will not, and will not attempt to, in connection with the AI Channel:
(a) hold any Output out as having been reviewed, approved, endorsed, or generated by Ashley personally, by any Company coach, or by the Company, or use any Output as the basis for advice, recommendations, signals, or guidance to any other person in a manner suggesting that the Output reflects the Company’s, Ashley’s, or any coach’s personalized recommendation;
(b) copy, scrape, export, store, redistribute, publish, sell, license, or otherwise exploit any Output or any portion of the Company’s educational corpus, except for your own personal, non-commercial educational use as a Member;
(c) use any Output, the AI Assistant, or any Content to develop, train, fine-tune, evaluate, benchmark, or improve any artificial-intelligence model, dataset, embedding, retrieval system, or competing product or service, consistent with Section 7.3(k);
(d) reverse engineer, probe, or attempt to discover the AI Assistant’s prompts, system instructions, retrieval indices, model parameters, training data, or other configuration, or circumvent, disable, or interfere with any safety guardrail, content filter, refusal, or routing, including by jailbreak prompts, adversarial inputs, or persona-swapping;
(e) submit any Input containing the personal, financial, health, or other sensitive information of any third party, or that you do not have the right to submit, or submit your own account numbers, passwords, government-identification numbers, payment-card information, or other highly sensitive personal data, the AI Channel being neither secure nor private for any such purpose;
(f) use the AI Channel to harass, defame, threaten, intimidate, discriminate against, or harm any person, or for any unlawful purpose, including any purpose that would violate the rules of the SEC, FINRA, the CFTC, the NFA, or any other regulator, or that would constitute fraud, market manipulation, insider trading, or the unauthorized practice of any licensed profession;
(g) share or grant any other person access to the AI Channel through your account, impersonate any person, or use any automated tool, bot, scraper, or scripted interaction with the AI Channel; or
(h) ask an AI Feature what you should do about a Real Account, a real position, or an open Simulated Trade, or include information about your finances, accounts, or positions in any Input.
The Company may monitor, log, and review use of the AI Channel for safety, quality-assurance, debugging, training, security, compliance, and enforcement purposes, may retain Inputs and Outputs, and may suspend or terminate your access to the AI Channel for any actual or suspected violation of this Agreement or applicable law, with or without notice and without refund, in accordance with Article IX.
You represent and warrant that you have all rights necessary to submit each Input and that no Input infringes any third party’s intellectual property, privacy, publicity, or other rights or violates any law. As between you and the Company, the Company owns the AI Assistant and the underlying Company-owned educational corpus and all related intellectual property; you receive only the limited, revocable license described in Section 7.2 to use Outputs for your own personal, non-commercial educational use as a Member.
You acknowledge and agree that your Inputs, your interactions with the AI Assistant, and any messages or content you submit within the Community (including the Discord server) are “User Submissions” within the meaning of Section 7.4, and that the Company may log, retain, review, and use them, and the corresponding Outputs, as described in Section 7.4 and in this Article — including to operate, debug, evaluate, train, and improve the AI Channel, the AI Assistant, and other Company programs and services, to produce aggregated and de-identified analytics, and to enforce the Company’s rights — under the license in Section 7.4, without compensation or attribution. The license in Section 7.4 to use your User Submissions in advertising and marketing does not extend to your Inputs. You acknowledge that the AI Channel runs on Discord and may rely on third-party large-language-model and hosting providers whose handling of your data is governed by their own terms and privacy policies, and that, consistent with Article XIV, the Company cannot guarantee the security of any transmission. Because the AI Channel is a shared feature with persistent, group-visible history, you should treat it as non-confidential and should not submit any information you wish to keep private or any sensitive personal information.
THE AI CHANNEL, THE AI ASSISTANT, AND ALL OUTPUTS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. The comprehensive warranties disclaimer in Article X, the limitation of liability in Article XI (including Sections 11.3 through 11.5), and the indemnification obligations in Article XII apply with full force to the AI Channel, the AI Assistant, all Outputs, and your Inputs, and are incorporated into this Article by reference as though fully set forth herein. Without limiting Article X, the Company does not warrant that any Output is accurate, complete, current, free of bias or hallucination, suitable for any purpose, or appropriate for you. Without limiting Article XII, you agree to indemnify, defend, and hold harmless the Indemnified Parties from and against any claim asserted by a third party arising out of or relating to your Inputs, your misuse of any Output, or any representation you make to any third party that an Output reflects the Company’s, Ashley’s, or any coach’s personalized advice. This indemnification obligation does not extend to, and you are not required to indemnify the Indemnified Parties against, any claim to the extent it arises from the Indemnified Parties’ own negligence, gross or intentional fault, fraud, or violation of law, or any right or claim that cannot be the subject of an indemnity or release under applicable law, consistent with the carve-outs in Section 11.5. You acknowledge that these disclaimers and limitations reflect a reasonable allocation of risk and are an essential basis of the Company’s decision to make the AI Channel available.
All disputes between you and the Company arising out of or relating to the AI Channel, the AI Assistant, any Output, or this Article are governed by, and subject to, the governing-law, informal-dispute-resolution, mandatory binding arbitration, class-action waiver, jury-trial waiver, and jurisdiction-and-venue provisions of Article XIII, which apply to AI-related disputes with equal force. Without limiting Article XIII, this Article is governed by the laws of the State of Louisiana, and any litigation permitted under this Agreement shall be conducted in Bossier Parish, Louisiana.
The Company may modify, suspend, or discontinue the AI Channel, the AI Assistant, or any feature thereof at any time, in its sole discretion, with or without notice, in accordance with Section 4.5 and Article IX. If you do not agree to the terms of this Article, your sole remedy is to refrain from using the AI Channel; doing so will not affect your other rights or obligations under this Agreement.
By using any AI Feature, you acknowledge and agree that: (a) AI Features are optional educational tools that answer general questions about the Program’s materials; they are software, not Ashley or any other person, and not a broker-dealer, investment adviser, or fiduciary; and you will not ask them about your own account or positions; (b) the AI Assistant can be wrong, incomplete, outdated, or fabricated, is updated only periodically, may not reflect content from the most recent month or longer, is not good with current events, and must not be relied upon for any decision; (c) you will conduct your own due diligence and consult licensed professionals of your choice, and you assume full responsibility for your decisions and their consequences regardless of any Output; (d) AI Features are not designed to take your personal circumstances into account and cannot determine suitability for you, and you will not include personal financial information in any Input; (e) you will comply with the acceptable-use restrictions in Section 15.5, including the prohibitions on holding Outputs out as the Company’s personalized advice and on using Outputs or Content to train any artificial-intelligence system; and (f) the disclaimers, limitations of liability, indemnification, and dispute-resolution provisions incorporated into this Article apply to any AI-related dispute.
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 statement, promise, or representation not contained in this Agreement, including any statement by a salesperson, closer, coach, affiliate, or other representative about earnings, income, profits, results, discounts, refunds, or special terms, and that, as provided in Section 5.2, no such person had authority to make one.
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. You and the Company intend the provisions of this Agreement, including the coaching component described in Section 4.8, to be severable, and would have entered into this Agreement without any provision that is held invalid, unenforceable, or null.
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.
You may not assign, transfer, delegate, or sublicense any of your rights or obligations under this Agreement without Company’s prior written consent. Any attempted assignment without such consent shall be void. Company may freely assign this Agreement to any successor, affiliate, or acquirer of substantially all of Company’s assets or business without notice to or consent from you, and any such successor or acquirer assumes the Company’s obligations to you under this Agreement, including under Sections 4.3 and 4.4.
All notices required under this Agreement shall be in writing. Notices to the Company shall be sent to support@tradingwithashley.com or to Trading with Ashley, LLC, 601 Kingston Rd., Ste. 300, #1002 OFC, Benton, LA 71006. Notices to you shall be sent to the email address associated with your account. Notices sent by email are deemed given upon transmission; notices sent by mail are deemed given three (3) business days after deposit in the U.S. mail, postage prepaid, certified, return receipt requested.
Neither party shall be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including acts of God, natural disasters, war, terrorism, pandemic, epidemic, government actions, power failures, internet outages, or interruption of utilities or communications, provided that the affected party promptly notifies the other party and uses reasonable efforts to remedy the situation.
By enrolling in the Program, you expressly consent to receive electronic communications from the Company, including Program-related notices, updates, educational content, marketing email, 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. This consent covers email, service and transactional communications, and the electronic delivery of notices and records. It does not authorize marketing text messages, or marketing calls made with an automatic telephone dialing system or an artificial, prerecorded, or AI-generated voice; those require your separate consent, which is optional and may be given through a separate opt-in form as described in the Company’s Privacy Policy and Website Terms and Conditions; that consent is not a condition of purchase, and you may revoke it at any time as described in the Privacy Policy. As described in the next paragraph, you may request a paper copy of this Agreement at no charge by emailing support@tradingwithashley.com.
AI-assisted communications. The Company may use automated and AI-assisted tools, including AI agents, to answer your questions, send you messages and reminders, and schedule or conduct calls with you, by email, chat, text message, or telephone, including with an AI-generated voice. You understand that you may be communicating with AI rather than a person, that AI-generated communications can contain errors, and that no such communication is financial advice, changes this Agreement, or binds the Company to any promise that is not written in this Agreement. Marketing text messages, and marketing calls made with an automated system or an artificial, prerecorded, or AI-generated voice, require your separate consent, as described above.
Electronic records. By accepting this Agreement electronically, you agree to receive this Agreement, and the notices, disclosures, and other records the Company provides to you in connection with your membership, electronically, by email or through the Program platform. This consent covers this Agreement and all of those records for as long as you are a Member. To open and keep them, you need a device with internet access, a current version of a standard web browser, software that can open PDF files, and an email account you can access. When you accept, you may download or email yourself a copy of this Agreement, and you may ask for a copy, including a paper copy, of this Agreement or of any other record at any time, at no charge, by emailing support@tradingwithashley.com. You may withdraw your consent to receive records electronically by emailing support@tradingwithashley.com with the subject line “Paper Records.” There is no fee to withdraw, and withdrawing does not end your membership; the Company will then provide on paper, at no charge, any record the law requires it to give you in writing. Withdrawing does not affect any record you received, or any agreement you accepted, electronically before your withdrawal takes effect. Please keep your email address current by updating your account or by emailing support@tradingwithashley.com. If the Company changes the hardware or software needed to open or keep these records in a way that creates a material risk that you will not be able to open or keep a later record, the Company will tell you the new requirements and that you may withdraw your consent without a fee.
The Company reserves the right to modify this Agreement at any time. Material changes will be communicated via email or through the Program platform at least fifteen (15) days before taking effect. Your continued participation in the Program after such notice constitutes acceptance of the modified terms. If you do not agree to any modification, you must discontinue participation and may request a prorated refund for unused services, if applicable. No modification will reduce the Program access you have already purchased, including Lifetime access, or the refund schedule in Section 4.4, without your express consent, and changes to Article XIII are governed by Section 13.12. The Company may ask you to accept a modified version of this Agreement electronically, and a version you accept electronically takes effect when you accept it.
This Agreement is for the sole benefit of the parties hereto and their permitted successors and assigns. Nothing in this Agreement, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever.
Nothing in this Agreement creates a partnership, joint venture, agency, franchise, employment, or fiduciary relationship between you and the Company. Neither party has the authority to bind or obligate the other.
The following provisions shall survive termination of this Agreement: Important Disclosures and Risk Warnings, Article III (Risk Disclosures), Article VII (Intellectual Property), Article VIII (Media Authorization), Article X (Warranties Disclaimer), Article XI (Limitation of Liability), Article XII (Indemnification), Article XIII (Dispute Resolution), Article XIV (Data Privacy), Article XV (Artificial Intelligence Features), and any other provisions that by their nature should survive.
This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. Electronic signatures shall be valid and binding for all purposes pursuant to the Electronic Signatures in Global and National Commerce Act (E-SIGN), the Louisiana Uniform Electronic Transactions Act (La. R.S. 9:2601 et seq.), and applicable state law.
Section and article headings are for convenience of reference only and do not affect the interpretation or construction of this Agreement.
Effective Date: Upon electronic acceptance
Trading with Ashley, LLC
601 Kingston Rd., Ste. 300, #1002 OFC
Benton, Louisiana 71006
support@tradingwithashley.com
Last Updated: October 1, 2026
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