TERMS OF USE AND CONDITIONS OF SALE

1. Website Use

By using the Website and agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence. If you use the Website, you affirm that you have the legal capacity to enter into a binding contract with us, have read this Agreement, and understand and agree to its terms.

2. Privacy and Security Disclosure

Our Privacy Policy may be viewed here: https://banyanhill.com/privacy-policy/. The Privacy Policy is incorporated into these Terms by reference and constitutes a part of these Terms.

3. General Conditions and User Conduct

Our Website and its content are protected by U.S. and international copyright, trademark, and intellectual property laws. By using the Website, you do not gain ownership rights to any content.

You agree not to use the Website or its services unlawfully, including but not limited to:

Hacking or attacking the Website.
Posting deceptive, obscene, defamatory, or abusive material.
Soliciting others for illegal activities.
Violating applicable laws or regulations.
Infringing on intellectual property rights.
Harassing, defaming, or discriminating against others.
Submitting false or misleading information.
Uploading harmful viruses or code.
Collecting personal data without consent.
Circumventing security features.
Impersonates or misrepresents any other user, person or entity.

We reserve the right to terminate your access without notice if you violate these Terms, provide false information, or harm our rights or interests. Additional remedies may be pursued as permitted by law.

4. No Investment Recommendations of Professional Advice

The Company does not provide personalized investment advice, execute trades, or act as a broker-dealer or investment advisor. The Website and the Company’s products and services are not intended to provide tax, legal, insurance, or tailored investment advice.

The content provided on the Website or through our services should not be considered an offer, solicitation, or recommendation for any security. You are solely responsible for evaluating the suitability of any investment, strategy, or service based on your financial objectives and circumstances. Consult a registered investment advisor, attorney, or tax professional for personalized guidance.

Any investment discussions on the Website are general and not tailored to individual needs. Investments involve risks, and the Website does not provide a comprehensive list of these risks.

Performance data and calculations are based on sources believed to be reliable but are not guaranteed for accuracy or completeness. In addition, you are advised that past performance is no guarantee of future performance. Market data and prior content referenced on the Website may be outdated and should not be relied upon without verification.

Content is accurate only as of the date published and may be superseded by later market events.

5. Trade Alerts Disclosure

Securities & Investing Disclosure

This Website provides general information about the stock market and investments. All investments carry risk, including the potential for total loss of invested funds or even losses exceeding your investment. Past performance is not a guarantee of future results. Market conditions change, and being successful in simulated investing (“paper trading”) does not ensure success in actual trading.

This Website does not provide specific recommendations or take into account your personal financial circumstances. Investing involves risk, and you should not invest money you cannot afford to lose. Consult a qualified investment professional before making any investment decisions. Failure to seek tailored advice may lead to actions against your best interests.

We make no guarantees of profit or assurances that past or hypothetical results shared on this Website will reflect your actual results. The Website is for informational purposes only, and the Company is not a registered investment adviser under federal or state law.

Per our trading policy, we allow the Editors (herein, the individuals issuing the trading recommendations) of our publications to recommend securities that they own themselves. However, our policy prohibits Editors from exiting a personal trade while the recommendation to subscribers is open. In no circumstance may an Editor sell a security before our subscribers have a fair opportunity to exit. The length of time an Editor must wait after subscribers have been advised to exit a play depends on the type of publication. All other employees and agents must wait 24 hours after on-line publication prior to following an initial recommendation.

Trade Alerts Disclosure

The Company may send trade alerts via email or text, but due to technology limitations, timely delivery cannot be guaranteed. Market conditions may also prevent you from executing trades at the recommended price or size. Alerts are educational tools meant to guide your decision-making process, not to replace it. You are solely responsible for your trading decisions and outcomes.

6. Modifications to the Website and Prices

We may modify, suspend, or discontinue access to the Website or its content at any time without notice. We are not liable to you or any third party for such changes.

Products and services may be offered exclusively online and are subject to availability. Descriptions and pricing may change at our discretion without notice. Any offers made on this Website are void where prohibited by law.

7. Account Registration

To access certain products or services, you must create an account and agree to:

Maintain only one account and keep your username and password confidential.
Never share your login credentials or use another user’s account without permission.
Provide accurate information, including a valid email address, and update it if it changes.
Take responsibility for all activity on your account and notify us immediately of any unauthorized use or security breaches.

You are liable for any unauthorized use of your account and any resulting losses. Sovereign Offshore Services, LLC is not responsible for losses caused by unauthorized account use.

The Company has the right, in its sole discretion, to cancel your account or suspend your access to the Website.

8. User Communications

By using any of the Company’s services, and accessing the services, you expressly consent to receive electronically all communications, agreements, documents, notices and disclosures (“Notices”) that we provide in connection with your account and your use of the services. Notices may, without limitation, take the form of electronic mail, in-app messages, and in-Website communications. Additionally, Notices may take the form of electronic mail containing promotional, marketing, and advertising information and recommendations that we believe may be of interest to you. If you do not wish to receive such promotional emails, you may unsubscribe at any time by following the instructions within, and we will honor any requests to unsubscribe within 10 days.

The Company may, at its discretion, use SMS services to deliver Notices to end users and clients. The information received is requested by the end user or is based on an existing business relationship or transaction with the Company. Message frequency varies. Message and data rates may apply. Users can text HELP to the sending number for help and reply STOP to cancel receiving text messages. Carriers are not liable for delayed or undelivered messages.

9. Order Placement, Acceptance, and Fulfillment; Subscription Auto-Renewal and Billing Disclosure

Ordering

Orders are processed within 5 business days from the date of purchase. Digital content and reports are delivered electronically unless otherwise specified.

Shipping fees and options, where applicable, are clearly disclosed on your order form at the time of purchase. We reserve the right to determine the method of delivery and although we cannot guarantee delivery time frames, physical products are typically shipped within 5-10 days after we receive payment. We do not ship internationally. The risk of loss and title for any items you purchase from us pass to you upon our delivery to a carrier.

Fulfillment

Order confirmations, including electronic confirmations, do not guarantee acceptance of your order. We reserve the right to refuse or cancel any order and will issue a refund to your original payment method if your order is denied. We are not liable for any losses resulting from our refusal to provide products or services. Additional information may be required to process your order.

If we determine after you make a purchase that some or all of products you have ordered are not available, we will either refund the entire purchase or the portion of the purchase that is no longer in stock.

Auto-Renewal and Billing Disclosure

Many of our products and services are subscription-based. Charges are collected in advance of service. Customers who select an autorenewal billing model (e.g., monthly or annually) are charged to the payment method on file unless canceled at least 48 hours before the next billing date. Payment methods may be automatically updated through account updater services.

To cancel or change your subscription billing details, log into your account or contact Customer Support at 866-584-4096. Additional contact options are available on our Contact Us page.

Trials

Free or fee-based trials of any subscription, product, or the like, may require payment details prior to starting the trial period. You will be charged at the time, amount and frequency stated at the start of the trial period unless you cancel the service in advance.

10. Refund Policy

If you are unsatisfied with your physical product purchase, you can request a refund by contacting us by phone or by contacting our customer service team. In most cases, you will be asked to send back your unused product supply.

Subscription payments are non-refundable and all sales are final unless otherwise indicated. When you cancel your subscription, you will have access to the product or service until the end of that subscription period. In the event we offer a refund, you may elect to receive your refund in the form of cash within the stated refund period. If a refund request is made after the expiration of the stated refund period, we reserve the right to issue the refund in the form of credits to your customer account. Any unapplied credits will automatically expire after one (1) year. We reserve the right to deny any refund request made after expiration of the applicable refund period in our sole discretion.

From time to time, the Company may advertise a money-back guarantee in connection with the purchase of a particular product or service. The terms of that guarantee will be stated at the time of purchase. Regardless of the specific terms of any advertised money-back guarantee, the money-back guarantee shall only be available for the stated period. Additionally, customers who elect a refund under any money-back guarantee and then resubscribe to the same product or service within a two-year period will not be entitled to any applicable money-back guarantee.

When you purchase a lifetime subscription to one of our services, you are purchasing it for the life of the product (assuming any applicable maintenance fees are paid). We commit to fulfill that product for a minimum of 3 years. If the product closes before a minimum of 3 years’ time, we commit to fulfilling a similar service for the remainder of the applicable 3-year period.

11. Payment

All charges are in U.S. Dollars. By submitting payment information to us, you confirm that:

You are authorized to use the provided card or account.
The payment information is accurate and complete.
You will cover any card-related fees.
Sufficient funds are available to pay the amount due.

Your card issuer or your third-party payment providers may update your payment details (e.g., new card number or expiration date). If you wish to opt-out of this service, contact your card issuer directly.

We are not responsible for fees charged by your bank or card issuer. If a charge is reversed, we may bill you directly or request payment through other methods.

Sales and VAT Taxes: Sovereign Offshore Services, LLC, is registered to collect sales tax, VAT tax and GST tax where required and will charge the applicable tax on your purchase.

12. Digital Millennium Copyright Notice

a. DMCA Notice

If you believe material on this Website infringes your copyright, please notify our DMCA Agent:

Sovereign Offshore Services, LLC Legal Department

Attn: DMCA/Copyright Agent

702 Cathedral Street
Baltimore, MD 21201 US

Tel: 866-584-4096

Email: privacy@banyanhill.com

Include the following in your notice to comply with the DMCA:

A description of the copyrighted work you claim is infringed.
A description of the infringing material and its location on the Website.
Your contact information (address, phone, email).
A statement that you believe in good faith the use is unauthorized.
A statement under penalty of perjury that your notice is accurate and you’re authorized to act on behalf of the copyright owner.
Your physical or electronic signature.

We will investigate claims and remove or disable access to infringing material if deemed appropriate. Failure to provide complete information may delay processing.

b. Intellectual Property Rights

All content on this Website (“Content”)—including text, images, graphics, videos, software, and more—is owned or licensed by Sovereign Offshore Services, LLC and protected by copyright, trademark, and other laws.

You may view Content for personal, non-commercial purposes but may not:

Reproduce, distribute, or modify Content without written permission.
Use Content to build a business or derivative works (e.g., montages, merchandise, or indexes).
Remove copyright or trademark notices from Content.

c. Copyright

Copyright for materials on this Website is owned by Sovereign Offshore Services, LLC. You may view, copy, print, or download materials for personal, non-commercial use, provided you include the copyright notice. Unauthorized use, including mirroring Website materials on other servers, may violate copyright, trademark, or other laws.

Upon termination of rights, you must destroy any downloaded or printed materials.

d. Trademarks

All trademarks, service marks, and logos (“Trademarks”) displayed on this Website are owned by Sovereign Offshore Services, LLC. You may not use Trademarks without prior written consent. Unauthorized use, including as “hot” links, is strictly prohibited unless pre-approved by the Company.

13. DISCLAIMER OF WARRANTIES

Except as prohibited by law, this Website and all products and services are provided “as is” and “as available” without any warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or title. We do not guarantee the reliability, accuracy, timeliness, quality, or completeness of any information on the Website. We also do not warrant that our products, services, or information will meet your expectations, or that the Website or its servers are free from viruses or harmful components.

To the maximum extent permitted by law, all warranties, whether express, implied, or statutory, are disclaimed.

We assume no responsibility for the accuracy, relevance, timeliness, deletion, misdelivery or failure to store any Content, posts, images, communications or personalized settings.

14. LIMITATIONS OF LIABILITIES

Except where prohibited by law, the Company and its officers, employees, contractors, and agents are not liable for any indirect, incidental, special, punitive, or consequential damages arising from your use or attempted use of the Website, products, or services. This includes, but is not limited to loss of use, profits, data, or goodwill, and costs of substitute products or services. This applies regardless of the cause, whether based on contract, tort (including negligence), warranty, or other legal theory, even if the Company was advised of the possibility of such damages. If the Company is found liable for any reason, its total liability is limited to $500 USD, regardless of the nature of the claim. Some states do not allow the exclusion or limitation of certain damages, so these limitations may not apply to you, and you may have additional rights.

15. DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER

PLEASE READ CAREFULLY: THIS PROVISION REQUIRES INDIVIDUAL ARBITRATION FOR DISPUTES.

ANY DISPUTE OR CLAIM RELATED TO THE COMPANY’S TERMS, PRIVACY POLICY, ADVERTISING, MARKETING PRACTICES, OR PRODUCTS AND SERVICES MUST BE RESOLVED THROUGH BINDING, FINAL, AND CONFIDENTIAL ARBITRATION BEFORE A SINGLE ARBITRATOR UNDER THE AMERICAN ARBITRATION ASSOCIATION (AAA) CONSUMER ARBITRATION RULES. THIS PROVISION IS GOVERNED BY THE FEDERAL ARBITRATION ACT (FAA).

KEY TERMS:

INDIVIDUAL BASIS: ARBITRATION IS ON AN INDIVIDUAL BASIS ONLY—NO CLASS ACTIONS OR CONSOLIDATED CLAIMS ARE ALLOWED WITHOUT THE COMPANY’S CONSENT.
ARBITRATOR’S AUTHORITY: THE ARBITRATOR HAS THE SOLE AUTHORITY TO DECIDE WHETHER A DISPUTE IS ARBITRABLE AND MAY AWARD THE SAME REMEDIES AS A COURT (E.G., DAMAGES, INJUNCTIVE RELIEF, AND ATTORNEYS’ FEES) UNDER APPLICABLE LAW.
CLAIMS IN COURT: IF A CLAIM IS DEEMED NON-ARBITRABLE, IT MUST BE RESOLVED IN COURT, BUT ALL OTHER CLAIMS REMAIN SUBJECT TO ARBITRATION.
INTELLECTUAL PROPERTY EXCEPTION: THE COMPANY MAY BRING CLAIMS IN STATE OR FEDERAL COURT FOR INJUNCTIVE OR EQUITABLE RELIEF INVOLVING INTELLECTUAL PROPERTY RIGHTS.
OPT-OUT OPTION: YOU MAY OPT OUT OF THIS ARBITRATION AGREEMENT WITHIN 30 DAYS OF PURCHASING A PRODUCT OR SERVICE BY SENDING A WRITTEN LETTER TO:
Sovereign Offshore Services, LLC, ATTN: LEGAL DEPARTMENT, 702 Cathedral Street, Baltimore MD 21201, INCLUDING YOUR NAME, PURCHASED PRODUCT, AND INTENT TO OPT OUT.

IMPORTANT: BY AGREEING TO THIS PROVISION, YOU WAIVE YOUR RIGHTS TO:

A TRIAL BY JURY.
BROAD DISCOVERY OF EVIDENCE.
PARTICIPATION IN CLASS ACTIONS OR PRIVATE ATTORNEY GENERAL ACTIONS.

IF YOU HAVE ANY QUESTIONS, CONSULT AN ATTORNEY BEFORE AGREEING.

16. Indemnification

To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless the Company, from and against any and all claims, actions, losses, liabilities, damages, expenses, demands and costs of any kind, including, but not limited to, reasonable attorneys’ fees, arising out of, resulting from, or in any way connected with or related to (1) your breach of these Terms, the documents they incorporate by reference, or the Agreement; (2) your breach of any representations or warranties in this Agreement; or (3) your violation of any law or the rights of a third-party.

17. Third-Party Promotions, Websites, Services and Links

Our Website may include links to, or advertisements, tools, services or materials offered by, third parties but this does not imply endorsement, control or association with services, content, owners, operators or warranties of such third parties. We are not liable for any third-party promotions, services, promises, claims, materials, tools or websites.

All delayed and real-time financial and market data content provided via the Site is further subject to the terms and conditions as set forth in https://www.tradingview.com/policies/. Market data is delayed by at least 15 minutes unless otherwise stated. Additionally, when using the services or materials on this Site, users will be subject to all posted guidelines or rules which may contain additional terms or conditions. All such guidelines or rules are also hereby incorporated by reference into these Terms.

18. Testimonials, Reviews, and Other Submissions

By submitting content to us (e.g., photos, testimonials, reviews, ideas, or suggestions), you agree that it is non-confidential and non-proprietary. We may use, adapt, distribute, or create derivative works from your submissions in any form or medium. You warrant that you own or have the rights to share such content.

Testimonials on the Website represent exceptional results and are not guaranteed outcomes or typical experiences. The Company does not guarantee success or specific results.

When using communication tools (e.g., chat rooms), you acknowledge that these are public, not private, communications. The Company is not responsible for third-party communications unless expressly stated and reserves the right to monitor or record interactions for quality control.

The Company may edit testimonials for clarity or brevity and has no obligation to publish any submitted testimonial or review.

We reserve the right, but do not guarantee, to moderate and monitor user-generated Content posted, submitted, uploaded, or otherwise made available through our Site and we assume no obligation to prescreen, monitor, remove, restore, edit or otherwise make available such content.

19. Electronic Communications

You agree to receive electronic communications from the Company, including notices, agreements, and disclosures. These communications have the same legal effect as written and signed documents.

20. Assignment

You may not assign any of your rights under these Terms, and any such attempt will be null and void. The Company and its affiliates may, in their individual discretion, transfer, without further consent or notification, all contractual rights and obligations pursuant to these Terms.

21. Entire Agreement

These Terms, the Agreement, and any policies or operating rules posted by us on the Website or in respect to the Website constitute the entire agreement and understanding between you and the Company and supersedes and replaces any prior or contemporaneous agreements. Any ambiguities in the interpretation of these Terms or the Agreement shall not be construed against the drafting party.

22. Questions or Additional Information

If you have any questions regarding your account, any product or service, or these Terms, please contact our customer support team by phone, mail, or email at the following:

Banyan Hill

702 Cathedral Street
Baltimore, MD 21201 US

866-584-4096

Email: https://banyanhill.com/contact-us/

Additionally, California residents may contact:

Department of Consumer Affairs

Consumer Information Center

1625 North Market Blvd., Suite N 112
Sacramento, CA 95834

(800) 952-5210

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Terms and Conditions

TERMS OF USE AND CONDITIONS OF SALE

OVERVIEW

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