DISCLAIMERS and DISCLOSURES

 

This Newsletter contains hypothetical performance results. Please carefully review and consider the following disclosures. 

Important Disclosure Information

Milton Berg Edge is a newsletter (“Newsletter”) owned and published by Milton Berg Advisors, LLC, doing business as “Milton Berg Edge” (“MB Edge,” “firm,” “we,” “our,” and “us”). Milton Berg Advisors, LLC is registered as an investment advisor in the States of Florida and New York. Registration as an investment advisor does not imply any level of skill or training.

The Newsletter is a subscription based publication that contains (i) our general commentary and opinion on broad-based market trends and other factors affecting the domestic investment markets in the United States; (ii) answers and reactions to subscriber submitted questions and comments; and (iii) the actual trading activity and net performance of our proprietary investment model (as traded within an account that is actively managed by the firm) and the backtested performance of the model (the “Model”). The contents of the Newsletter and our website (“Website,” and collectively with the Newsletter, the “Content”) are for informational and educational purposes only. No portion of the Content should be construed as investment advice or recommendations tailored to the financial circumstances, investment needs, objectives, and/or limitations of any particular subscriber. Investing in securities involves the risk of loss. Past performance is not indicative of future results.

Subscribers do not receive ongoing investment advisory services of any kind. Subscribers are solely responsible for the ongoing management, monitoring, and implementation of their investments. A subscription to the Newsletter does not serve as a substitute for personalized investment, tax, or legal advice provided by an appropriately licensed professional. Rather, the Newsletter is intended solely to provide subscribers with a method to evaluate certain investment-related information and/or model portfolios.

The subscriber maintains the sole and absolute discretion and responsibility to evaluate the Content and to determine whether any investments, securities, ideas, opinions, and/or the Model discussed therein are appropriate for the subscriber’s financial circumstances, investment needs, objectives, and/or limitations. MB Edge expresses no opinion as to whether any Content is appropriate for any particular subscriber’s investment needs.

Any opinions contained in the Content reflects MB Edge’s judgment exclusively as of that particular date. Therefore, no current or prospective subscriber should assume that the future performance of any specific investment, investment Model, or non-investment-related content will be suitable or profitable for the subscriber’s portfolio. Information and opinion published in the Newsletter and/or on our Website could prove to be incorrect. All subscribers must be guided accordingly. Certain portions of the Website (i.e., past newsletters, articles, etc.) may contain a discussion of and/or provide access to, commentary and/or recommendations as of a specific prior date. Due to various factors, including changing market conditions, such discussion may no longer be reflective of current position(s) and/or recommendation(s), and no subscriber should rely thereon.

The Newsletter, the Website, and the Content is strictly confidential and may not be reproduced, in whole or in part, nor may the information contained in any of the foregoing be disclosed to any other person (other than the subscriber’s professional advisors, on a confidential basis) under any circumstances without the prior written consent of MB Edge. In the event that a subscriber violates such prohibition, MB Edge reserves the right to terminate the subscriber’s Newsletter subscription and access to the Website without notice and without recourse by the subscriber.

Past performance is not indicative of future results. Investing in securities involves the risk of loss, including the risk of loss of principal. Different types of investments involve varying degrees of risk, and there can be no assurance that the future performance of any specific investment, investment Model, or product, including those discussed in the Newsletter, will be profitable, equal any historical performance level(s), be suitable for any specific subscriber’s portfolio or individual situation, or prove successful. MB Edge’s obligation is expressly limited to providing the subscriber with access to the Newsletter and the Website for the subscriber’s review and consideration. MB Edge is not responsible for any determination as to the suitability of any investments, securities, or Models discussed in the Newsletter or on the website for any particular subscriber.

Hypothetical and Backtested Performance Information

General

An investment in the Model is speculative and involves a high degree of risk. By electing to follow the Model, a subscriber could lose all funds invested. There is no assurance that the investment objectives of the Model will be achieved either in terms of generating profits or controlling losses. The Model has a limited performance history in actual trading. To the extent the Model has any actual performance history, the subscriber is strongly encouraged to review such history carefully.

Overall Calculation Methodology

The Hypothetical and Backtested Performance Information (the “Hypothetical and Backtested Performance Information”) contained within the Content does not represent the results of any actual securities portfolio or account. Rather, the Hypothetical and Backtested Performance Information is based on a total return version of the S&P 500 Index provided by Ned Davis Research, which assumes timely dividend reinvestment. The data provided by Ned Davis Research to MB Edge has not been audited.

The underlying methodology relies on approximately 816 data-driven, computerized models designed to identify market bottoms. These models are not intended to capture every short-term decline, but rather to recognize market lows following declines of at least -8.00% in the S&P 500. Performance results assume trades occur at the S&P 500’s closing price on the signal date, but in practice, executing trades at exact closing prices is not feasible. The model requires human intervention, and there is no guarantee that trades will be placed exactly as signaled or without delay.

These models incorporate 1,346 individual indicators that, in various combinations, have produced 816 distinct buy-signal configurations. No guarantee is made that any of these models will generate future signals, nor that signals which were profitable in the past will succeed again. Models may be revised, added, or removed as research evolves. Such updates reflect ongoing analytical development and do not imply that future results or conclusions will be more accurate or profitable. The Model seeks to maintain full long exposure during market advances and eliminate exposure during major declines by shifting entirely to Treasury bills. However, rapid or severe market downturns may cause delays in exiting S&P 500 positions at the intended price level.

Subscribers are advised that had the Model reflected in the Hypothetical and Backtested Performance Information been attempted in real time, the performance shown could have been materially adversely affected by, among other things, (i) inflows and outflows of capital from the hypothetical account; (ii) different allocations among the selected securities; (iii) changes in market conditions; and/or (iv) changes in the subscriber’s financial circumstances, investment needs, objectives, and limitations. All of these factors may have produced materially different results with respect to the Hypothetical and Backtested Performance Information shown.

Evolving Allocations

MB Edge’s ongoing development of investment strategies similar to those reflected in the Hypothetical and Backtested Performance Information may result in materially different performance from the Model results shown herein.

The combination of the evolving nature of MB Edge’s investment strategies and the allocations among different asset classes and securities demonstrates that the Hypothetical and Backtested Performance Information may well not be representative of how the Model would have performed over the same period of time in the past. Moreover, while past performance is never necessarily indicative of future results, investors should be particularly wary of using the Hypothetical and Backtested Performance in evaluating the Model.

Changing Market Conditions

The Hypothetical and Backtested Performance Information only shows the performance for the Model for the time period identified. The time period utilized in preparing the Hypothetical and Backtested Performance, 1957 through 2025, included periods of high inflation, recessions, strong bull markets, and deep bear markets (e.g., the Great Depression, 1970 Oil Crisis, the Reaganomics bull run, 1987 Black Monday, the 2000 dot-com crash, the 2008 Financial Crisis, the 2010’s bull market, the Covid-19 Pandemic, etc.). There can be no assurance that the market conditions in which the Model will trade in the future will reflect the market conditions under which the Hypothetical and Backtested Performance Information was generated. Such differences in market conditions may have a material impact on future results and if such market conditions were to have occurred during the time period in which the Hypothetical and Backtested Performance Information was generated, MB Edge may have allocated different amounts of assets reflected in the chosen securities. 

Fee and Cost Adjustments

The Hypothetical and Backtested Performance Information reflect the gross returns of the Model, and do not reflect advisory fees, trading commissions and other transaction costs, tax considerations, and/or other potential costs (collectively, “Costs”). An investor choosing to follow the Model during the period during which the Hypothetical and Backtested Performance Information was calculated would have experienced various Costs which would have the effect of reducing the returns shown for the Model. The rates of return for any actual investor in the Model will vary based on the Costs they agree to pay any investment professionals engaged for services (e.g., broker-dealers, investment advisors, custodians, etc.), the volume of trades and transaction fees paid, and the timing of the investor’s investment in the Model. The Hypothetical and Backtested Performance Information reflects the assumption that the investor did not deposit or withdraw any funds from the Model at any point during the sample period. The timing of any deposits or withdrawals would likewise have a substantial impact on the investment returns achieved.

MB Edge has not simulated the applicable fees and costs associated with implementing the Model when calculating the Hypothetical and Backtested Performance Information. Therefore, the expenses borne by the Model in real world application will significantly reduce the performance shown. Further, the Hypothetical and Backtested Performance Information does not include the “cash drag” (i.e., the reduction in returns normally resulting from holding assets in cash) or the interest income that might be received on cash balances.

General Disclaimer

While MB Edge  believes that the methodology employed to generate the Hypothetical and Backtested Performance Information is reasonable, there are a variety of qualitatively different methodologies which may also have been reasonable to apply. No representation is or could be made that MB Edge’s method of calculating the Hypothetical and Backtested Performance of the Model is in any respect more accurate or more representative than any one of a number of other methods which could have been used to do so, and which may have yielded materially different and materially less favorable statistical information. 

MB Edge has devoted considerable resources to the calculation of the Hypothetical and Backtested Performance Information and believes that it provides information which may be of interest to subscribers. However, it is not possible to quantify the effects of the various potentially distorting features of the methodologies which were used in such calculation.  Accordingly, no representation is or could be made as to how MB Edge would have performed managing a stand-alone account trading the Model during the stated period. Moreover, even to the extent the Hypothetical and Backtested Performance Information provides meaningful data on the Model, the utility of this data is limited because it covers a limited time period.

Even were the Hypothetical and Backtested Performance Information to be representative of how MB Edge would have performed managing the Model during the period indicated — and there can be no assurance that is the case — (a) in implementing strategies such as those to be used for the Model, past results are not necessarily indicative of future performance, and (b) future market conditions may be materially different from those which prevailed during the period covered by the Hypothetical and Backtested Performance Information.

MB EDGE MAKES NO REPRESENTATIONS CONCERNING THE METHOD BY WHICH THE HYPOTHETICAL AND BACKTESTED PERFORMANCE INFORMATION HAS BEEN CALCULATED OR THE ASSUMPTIONS USED IN DOING SO.

THE HYPOTHETICAL AND BACKTESTED PERFORMANCE INFORMATION IS NOT, AND DOES NOT PURPORT TO BE, A PERFORMANCE RECORD, BUT RATHER ONLY TO PRESENT CERTAIN INFORMATION WHICH MB EDGE BELIEVES MAY BE OF INTEREST TO SUBSCRIBERS.

BECAUSE OF THE SELECTION OF STRATEGY SPECIFIC INDICES TO SIMILATE THE MODEL’S INVESTMENT APPROACH, AND BECAUSE THE CHOSEN SECURITIES WERE NOT EMPLOYED ON BEHALF OF A STAND-ALONE ACCOUNT TRADED IN REAL-TIME,  THE HYPOTHETICAL AND BACKTESTED PERFORMANCE INFORMATION IS “HYPOTHETICAL.” ACCORDINGLY, SUBSCRIBERS ARE ADVISED AS FOLLOWS:

THE RESULTS SHOWN FOR THE HYPOTHETICAL AND BACKTESTED PERFORMANCE INFORMATION ARE BASED ON SIMULATED OR HYPOTHETICAL PERFORMANCE RESULTS THAT HAVE CERTAIN INHERENT LIMITATIONS. UNLIKE THE RESULTS SHOWN IN AN ACTUAL PERFORMANCE RECORD, THESE RESULTS DO NOT REPRESENT ACTUAL TRADING AND HAVE LIMITED OR NO VALUE WHATSOEVER IN RESPECT OF THE EXPECTED PERFORMANCE OF THE MODEL. FURTHERMORE, BECAUSE THESE INDICATED TRADES HAVE NOT ACTUALLY BEEN EXECUTED, THESE RESULTS MAY HAVE UNDER-OR OVER-COMPENSATED FOR THE IMPACT, IF ANY, OF CERTAIN MARKET FACTORS, SUCH AS LACK OF LIQUIDITY, CHANGES IN MARKET CONDITIONS, CHANGES IN INVESTMENT OBJECTIVES, NEEDS AND LIMITATIONS, AND/OR OTHER FACTORS.  SIMULATED OR HYPOTHETICAL INVESTMENT RESULTS ARE ALSO SUBJECT TO THE FACT THAT THEY ARE DESIGNED WITH THE BENEFIT OF HINDSIGHT.  NO REPRESENTATION IS BEING MADE THAT ANY ACCOUNT WILL OR IS LIKELY TO ACHIEVE PROFITS OR LOSSES SIMILAR TO THOSE SHOWN.

Past performance, in particular hypothetical and backtested performance results, are not necessarily indicative of future results. The hypothetical and backtested performance results contained herein should not be relied upon in any manner by any subscriber when making an investment decision.

 

PRIVACY POLICY

General

Milton Berg Advisors LLC (“MBA”) is a New York Limited Liability Company, maintaining the miltonbergedge.com and miltonberg.com websites (the “Websites”) and providing specific information including, but not limited to, products, services, subscriptions, publications, commentary, charts, data, tables and any other content shared through the websites or emails generated from the website domains (the “Materials”). The Websites and Materials are provided by MBA, or its owners, subsidiaries, affiliates, and joint business ventures, and all their respective officers, directors, employees, agents, and representatives (collectively, “Affiliates”). 

MBA is required by federal regulations to adopt certain procedures designed to maintain and secure the nonpublic personal information of any users and subscribers of the Websites and Materials (the “Users”) from inappropriate disclosure to third parties. The following policy (this “Privacy Policy”) is designed to meet the standards set forth in state and federal regulations.

MBA is committed to keeping personal information collected from potential, current, and former Users confidential and secure. The proper handling of personal information is one of MBA’s highest priorities. MBA never sells information relating to its Users to any outside third parties.

Subscriber Information

MBA and its Affiliates collect and maintain only information that is necessary to provide the services requested by its Users and to administer the Users’ business relationship with MBA.

The Personal Data collected (electronically, in writing, or by phone) includes:

• Contact information (such as name, email address, mailing address, and phone numbers);
• Purchase or product/service use history;
• Account log-in credentials;
• Any interests you have shared;
• Data gathered by technology when you visit our site such as cookies, page access, and other features designed to provide the services.

Sharing Information

MBA only shares the nonpublic personal information of its Users with its Affiliates or unaffiliated companies or individuals (i) as permitted by law (which may vary by state) and as required to provide services to its Users, or (ii) to comply with legal or regulatory requirements. Further, in the normal course of its business, in the course of providing services to its Users, MBA may disclose information it collects about Users to companies or individuals that contract with MBA to perform servicing functions such as:

• Recordkeeping (e.g., CRM and/or subscription management);
• Website and subscription support issues, including responses to form messages;
• Computer-related services; and
• Good faith disclosure to regulators who have regulatory authority over MBA.

Affiliates and companies hired to provide support services are not allowed to use personal information for their own purposes and are contractually obligated to maintain strict confidentiality. MBA limits use of personal information to the performance of the specific service requested.

MBA  does not provide personally identifiable information to mailing list vendors or solicitors for any purpose.

When MBA provides personal information to service providers, it requires these providers to agree to safeguard such information in a comparable level to that of MBA, to use the information only for the intended purpose, and to abide by applicable law.

Employee Access to Information

Employees of MBA and its Affiliates, throughout the course of their regular duties, will have access to subscribers’ personal information. However, only Employees with a valid business reason have access to Users’ personal information. These Employees will be educated on the importance of maintaining the confidentiality and security of this information. They will be required to abide by terms of this policy.

Protection of Information

MBA maintains security standards to protect Users’ information, whether written, spoken, or electronic. MBA employs a third-party Managed Service Provider to update and check its systems to ensure the protection and integrity of information. This includes, but is not limited to, appropriate levels of password and data encryption. The level of encryption and protection will be based on applicable law, industry standards, and risk relative to the scope of MBA’s services and User information.

E-Mail and Form Correspondence

Should Users send MBA questions and/or comments through the usage of Website forms or via e-mail (the “Correspondence”), MBA will retain such Correspondence as is needed to provide the services to the Users. Such Correspondence will not be shared with any third parties, other than designated Affiliates and service providers as explained in Section 3 “Sharing Information” above. Questions submitted to be used for “Question and Answer” segments of the Materials will require the User to acknowledge if they want their name to be displayed with the usage of the question.

Disclosure of the MBA Privacy Policy

MBA recognizes and respects the privacy concerns of its potential, current, and former Users. The MBA is committed to safeguarding this information. As a member of the financial services industry, MBA is providing this Privacy Policy for informational purposes and will distribute and update it as required by law. This Privacy Policy will be available on the Websites and is also available upon request.

How to Contact Us

For questions or concerns, please contact MBA at support@miltonbergedge.com. 

Revised November 20, 2025

TERMS of SERVICE

 Welcome to Milton Berg Edge. These Terms & Conditions (the “Terms”) govern your access to and use of our website, newsletter, and any related services (the “Service”).  By accessing or using our Service you agree to be bound by these Terms. If you do not agree, do not use the Service.

General

You are solely responsible for your use of the Milton Berg Edge Service, which is owned by Milton Berg Advisors LLC (“MBA”, the “Company” or “We” or “Us”), a New York Limited Liability Company, and includes both this miltonbergedge.com and miltonberg.com websites (the “Websites”) and all content including, but not limited to, products, services, subscriptions, publications, commentary, charts, data, tables and any other content shared through the websites or emails generated from the website domains (the “Materials”). Please read these Terms carefully before accessing or using the Websites or Materials provided by MBA, or its owners, subsidiaries, affiliates, and joint business ventures, and all their respective officers, directors, employees, agents, and representatives (collectively, “Affiliates”).

MBA may revise these Terms by updating this posting or communicating with you regarding the same via the contact information MBA has on record for you. Your continued use of MBA Websites and Materials after such revisions have been posted or communicated to you indicates your acceptance of all such revisions.

To use the Websites and Materials, you must meet the following requirements:

• The Websites and Materials are not intended for or directed towards minors under 18 years of age. By accessing or using the MBA Websites and Materials, you affirm that you are at the age of 18 years old or higher.
• If you create an account or purchase a subscription on behalf of a company or other entity, you represent and warrant that you have the authority to bind that entity to these Terms.
• You agree that your use of the Websites and Materials will comply with all applicable laws and regulations, as well as any requirements included in these Terms.

General Disclaimer

MBA does not purport to provide personalized investment, financial, tax, or legal advice in any form. MBA does not recommend the purchase of particular securities nor does MBA promise or guarantee any particular investment results. You understand and acknowledge that there is a very high degree of risk involved in trading securities, including Exchange-Traded Funds, as well as futures and options. You acknowledge and agree that you, and not MBA, are solely responsible for your own investment research and decisions. Do not trade with money that you cannot afford to lose. You understand that MBA encourages you to seek the advice of a qualified securities or investment professional and/or tax or legal advisor, as necessary, before making any investment, and to investigate and fully understand any and all risks before investing. MBA assumes no responsibility or liability for your trading and investment results, and you agree to hold MBA and its Affiliates harmless for any such results or losses.

Past results of any particular trading system, indicators, or model published by MBA are not indicative of future returns by those systems, indicators, or models, and are not indicative of future returns which may be realized by you. In addition, the methods, techniques, information, content, indicators, strategies, publications, articles, and all other features of the MBA Websites and Materials, or any MBA product or service (collectively, the “Information”) are provided for informational and educational purposes only and should not be construed as investment advice. Accordingly, you should not rely on the Information in making any investment. Rather, you should always perform additional independent research in order to allow you to form your own opinion regarding investments. You are solely responsible for your own trading decisions, and nothing in the Information is intended to be or should be interpreted as a promise or guarantee of any particular result. You should always check with your licensed financial, investment, legal, or tax advisor to determine the suitability of any investment.

Intellectual Property, Hyperlinks & Links to Other Websites

The MBA Websites and Materials and related content, including without limitation the User Submissions (as defined below), third-party applications, and any other content provided through the MBA Websites and Materials, and the copyrights, trademarks, service marks, and other intellectual property rights in such content are the property of MBA and/or its third-party licensors or providers unless otherwise specifically stated. You may access and use such content solely for your own personal and non-commercial use. MBA or its third-party licensors, as applicable, reserve all rights not expressly granted in and to such content. Your modification, or use of such content other than modification, or use expressly permitted hereunder, is a violation of our intellectual property rights and can subject you to legal liability.

The MBA Websites and Materials may contain mentions or links to third-party websites. The fact that we provide such links is not an endorsement of that third-party or any services or products that they may offer, or a representation of our affiliation with that third-party. We do not exercise control over third-party websites. These other websites may follow different rules regarding the use or disclosure of the personally identifiable information you submit to them, and you should read the privacy policies or statements of the other websites you visit.

User Submissions and Other Content

The MBA Websites and Materials may permit the submission of content by users, including, for example, comments, conversations in forums, bulletin boards, or chat rooms, or questions (“User Submissions”). By posting any such User Submissions, you grant MBA an irrevocable, worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such User Submissions in any and all media or distribution methods (now known or later developed). MBA has the right, in its sole discretion and without further notice to you, to monitor, censor, edit, move, and/or remove any and all content posted on the MBA Websites and Materials, including any User Submission, at any time and for any reason.

We do not represent or guarantee the completeness, truthfulness, accuracy, usefulness, or reliability of any content or User Submission and do not necessarily endorse any opinions expressed therein. You understand that by using the MBA Websites and Materials, you may be exposed to content that might be offensive, harmful, inaccurate, or otherwise inappropriate. We may not monitor or control the content or User Submissions accessible on the MBA Websites and Materials.

In connection with your use of the MBA Websites and Materials, and your own User Submissions, you agree to follow any Code of Conduct that may be published or linked to on the MBA Websites and Materials.

Subscription and Payment

In connection with any purchase of services or materials from MBA, we do not make any promise regarding the continuation of any current features or functionality or delivery of any future functionality or features.

If you purchase a subscription to any MBA service or material, by authorizing MBA to charge a payment card for the fees associated with your subscription(s), you are authorizing us to automatically continue charging that card (or any replacement card issued by the card issuer) for all fees or charges associated with your subscription, including any renewal fees as described below. MBA may change any of its pricing, or institute new charges or fees at any time. Price changes and new charges announced during your subscription term for a service will apply to subsequent subscription terms. During the term of your subscription, you agree to update and maintain your payment card information through the Website interfaces.

Your subscriptions will be set to automatically renew upon expiration. This means that unless you cancel your subscription prior to its expiration, your account will automatically renew for the same term.

Monthly Subscriptions

There are no refunds for any reason for month-to-month (also identified as “monthly”) subscriptions. You may cancel any recurring monthly subscription during the monthly period and your account will be cancelled at the end of that monthly subscription period.

Annual Subscriptions

 Annual subscriptions, or any other subscriptions longer than a monthly term will only be provided with prorated refunds if MBA elects to cancel the service purchased prior to your pre-paid expiration date. The prorated refunds will be calculated from the first month of cancelled service through the expiration date. There are no refunds for any other reason, and if you elect to cancel the service during the term, the service will be cancelled on the expiration date and will not automatically renew for a subsequent term.

Security

No measures designed to protect, secure, or preserve the integrity or confidentiality of information, including methods of transmission over the Internet or method of electronic storage, can guarantee the security of your information. While MBA will implement features within the Website to limit security and privacy breaches, MBA makes no assurances regarding the security of your information. Please see our Privacy Policy for more details regarding your information.

Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE CONTENT, PRODUCTS, TOOLS, AND SERVICES INCLUDED OR OBTAINED VIA OR AS PART OF THE MBA WEBSITES OR MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Limitation of Liability

NEITHER MBA NOR THE AFFILIATES NOR ANY OF THEIR SUPPLIERS, ADVERTISERS, OR SPONSORS ARE OR WILL BE LIABLE FOR ANY ACTUAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, PUNITIVE OR OTHER DAMAGES WHETHER UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING IN ANY WAY TO ANY OF THE MBA WEBSITES AND MATERIALS, OR ANY OF THE CONTENT CONTAINED THEREIN, OR ANY PRODUCT OR SERVICE USED OR PURCHASED THROUGH MBA INCLUDING, BUT NOT LIMITED TO, LOST REVENUE OR INCOME, LOSS OF CAPITAL, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF MBA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIABILITY OF MBA FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE) SHALL NOT EXCEED THE GREATER OF $100 OR THE TOTAL AMOUNT PAID TO US BY YOU, IF ANY, FOR MATERIALS OR SERVICES (INCLUDING SUBSCRIPTIONS), DURING THE PREVIOUS SIX (6) MONTHS PRIOR TO BRINGING THE CLAIM.

Phone Call and Video Recording Consent

Milton Berg Advisors LLC is registered as a New York LLC. This means that it is a one-party consent state when recording phone calls or video. However, you may not under any circumstances record or take video footage of MBA Materials or Information or record audio of MBA Materials or Information without our explicit written consent. This includes, but is not limited to, phone calls and Zoom, Teams, or equivalent video-conferencing meetings. Any conversation with MBA or Affiliate personnel is deemed to fall under this provision.

Website Use

This Websites and Materials are copyright of MBA. All rights reserved. Any redistribution or reproduction of part or all of the contents in any form is prohibited. You may not, except with our express written permission, distribute or commercially exploit the content, posts, media, chats, audio, or any other format in whole or in part in any way, including but not limited to screenshots, downloads, or other transfer types. Nor may you transmit it or store it in any other website or other form of electronic retrieval system. If you have any questions, comments, or concerns, please email support@miltonbergedge.com. There are no exceptions to this usage policy and you may be prosecuted for failing to uphold these Terms.

Indemnification

As a condition of your use of any of the MBA Websites and Materials, you agree to indemnify and hold MBA and Affiliates harmless for any losses, claims, judgments, costs, damages, and expenses (including attorneys’ fees) caused by or resulting from (a) your violation of these Terms; (b) your use or reliance upon any of the MBA Websites and Materials; (c) your violation of the rights of any third party; (d) any claim that one of your User Submissions caused damage to a third party; or (e) any claim or demand by a third party arising out of your use of any third-party website. This obligation to indemnify and hold harmless will survive the expiration or termination of these Terms and your cessation of use of the MBA Websites and Materials.

Term and Termination

Except as otherwise specified herein, these Terms commence on your first use of any of the MBA Websites and Materials and continue until you cease to use the MBA Websites and Materials or your subscription, if any, expires or has been terminated, whichever is later.

MBA may terminate your access to, and use of, the MBA Websites and Materials at any time. Cause for such termination shall include, but not be limited to, (i) breaches or violations of these Terms or other agreements or guidelines, (ii) requests by law enforcement or other government or regulatory authorities, or (iii) violation or unauthorized use of copyrights or other intellectual property. Cancellation or termination of your account, services, or subscriptions by CMR shall not relieve you of any obligation to pay any accrued fees or charges and will not provide you with any refunds of pre-paid subscription fees. You may not access or use the MBA Websites and Materials after termination or notification of the same.

Miscellaneous

These Terms referenced herein constitute the entire agreement between you and MBA relating to your use of the MBA Websites and Materials and supersede any and all prior or contemporaneous written or oral agreements on that subject between us. If any provision of the Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions.

The laws of the state in which you reside, without reference to conflicts of law rules, govern the Terms and any dispute of any sort that might arise between you and us. Except as otherwise provided herein, you agree that any controversy or claim, whether at law or equity, arising out of or related to the provision of services or materials by MBA, regardless of the date of accrual of such dispute, shall be resolved in its entirety by individual (not class-wide nor collective) binding arbitration. You and MBA agree that our sole relationship is a contractual one governed by these Terms. Any controversy or claim arising out of or related to the provision of services or materials by MBA shall be resolved solely based on these Terms.

Dispute Resolution

ALL DISPUTES WITH MBA ARISING IN ANY WAY FROM OR IN ANY WAY RELATED TO THIS AGREEMENT SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION.

This includes any claims against other parties relating to these Terms or the use of the services (such as employees, affiliates, and vendors). This usage of the MBA Website and Materials are to be considered interstate commerce such that the Federal Arbitration Act and federal arbitration laws apply. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. THE ARBITRATOR MUST FOLLOW THIS AGREEMENT AND CAN AWARD THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING ATTORNEYS’ FEES).

The arbitration shall be conducted according to the American Arbitration Association (AAA) Commercial Arbitration Rules applicable to consumer disputes. The AAA Rules are available online at adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted before a single arbitrator, whose award may not exceed, in form or amount, the relief allowed by the applicable law. This agreement is governed by the Federal Arbitration Act, applicable federal law, and the laws of the state in which you reside without reference to its choice of laws principles. The arbitrator shall decide all issues of interpretation and application of this arbitration provision.

Class Action Waiver

ANY PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ON AN INDIVIDUAL BASIS AND SHALL NOT BE COMBINED OR CONSOLIDATED AS A CLASS ACTION OR ANY OTHER REPRESENTATIVE ACTION. If a court or arbitrator determines in an action between you and us that any part of this Class Action Waiver is unenforceable with respect to some claims, the arbitration agreement and Class Action Waiver will not apply to those claims only but will remain in force with respect to all other claims.

Revised November 20, 2025