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 contact us through the contact form on this website. 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 MBA 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.