Terms and Conditions

By using any of our Services, including by visiting, browsing, accessing, purchasing from, or using www.roenschcapital.com, tomb.roenschcapital.com, or any related page, platform, content portal, membership area, video library, livestream, replay, archive, email communication, digital product, application, or service operated by Roensch Capital, you agree to the following Terms and Conditions. If you do not agree to these Terms and Conditions, you may not use our Services.

These Terms and Conditions of Service and Use of www.roenschcapital.com and tomb.roenschcapital.com (the “Terms and Conditions”) are effective as of March 17, 2026 and apply to Roensch Capital (“Roensch Capital,” “Company,” “we,” “us,” or “our”), and, without waiving or otherwise releasing any right or obligation under any prior terms and conditions governing the use of our websites, products, or services, hereby amend, restate, replace, and supersede any such prior terms and conditions to the fullest extent permitted by law.

RoenschCapital.com, tomb.roenschcapital.com, and all related content, materials, software, technology, digital products, educational materials, pages, videos, audio, livestreams, replays, archives, chat features, community features, downloads, emails, text, graphics, logos, designs, services, and memberships (collectively, the “Site”) are online resources related to trading education and trading-related commentary that provide customers, purchasers, subscribers, visitors, and members with educational content, archived recordings, research concepts, trading commentary, community access, and other materials for informational and educational use in connection with financial market activity. References herein to “financial instruments” or “markets” include, without limitation, futures, stocks, options, commodities, indices, exchange-traded products, currencies, and any other financial products, instruments, contracts, or assets of every kind and nature, whether for present or future delivery.

In consideration of each visitor’s, customer’s, purchaser’s, subscriber’s, and member’s (each, a “customer,” “member,” or “you”) access to and use of the Site, we require every such person to act lawfully, honorably, and with integrity, to comply with all rules applicable to the Site, and to abide by these Terms and Conditions and each other rule, regulation, notice, disclaimer, or policy of Roensch Capital.

You agree to read these Terms and Conditions carefully and retain them for future reference. You understand, acknowledge, and agree that these Terms and Conditions govern all aspects of your use of the Site and the products and services of Roensch Capital. By clicking “I AGREE,” checking any acceptance box, completing a purchase, accessing a membership area, or otherwise using or accessing the Site, you acknowledge that you have received, read, understood, and agreed to these Terms and Conditions and our Privacy Policy, if any. If you are unwilling to be bound by these Terms and Conditions, you may not use or access the Site. YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT CLICKING “I AGREE,” CHECKING A BOX, PURCHASING, ACCESSING, OR USING THE SITE IS THE LEGAL EQUIVALENT OF MANUALLY SIGNING THESE TERMS AND CONDITIONS, AND THAT YOU WILL BE LEGALLY BOUND BY THEM.

General Terms

By clicking “I AGREE,” checking any acceptance box, purchasing, using, or accessing the Site, you thereby agree, (a) that you have received, read, understood, and agreed to these Terms and Conditions, and that these Terms and Conditions create a valid and binding agreement enforceable against you in accordance with their terms, (b) to be bound by these Terms and Conditions and any terms, conditions, notices, policies, rules, or disclaimers of Roensch Capital, as each may be amended, supplemented, or updated from time to time in our sole discretion, and (c) that your use of the Site shall comply with all applicable federal, state, local, and foreign laws, rules, and regulations, and that you are solely responsible for your compliance with, familiarity with, and understanding of any such laws, rules, or regulations applicable to your use of the Site. If you do not agree with any portion of these Terms and Conditions, you are prohibited from using or accessing the Site.

Additionally, and without limiting the foregoing, by using or accessing the Site, you represent and warrant to us that you: (a) are at least eighteen (18) years of age; (b) are legally capable of entering into a binding contract; (c) are not currently restricted from using the Site and are not otherwise prohibited by law from having an account with us or using our Services; (d) are not a competitor of Roensch Capital and are not using the Site in any manner that could reasonably be viewed as competitive with Roensch Capital, The Tomb, the RAM methodology, or any related product or service; (e) have full power and authority to enter into and perform these Terms and Conditions, and doing so will not violate any other agreement to which you are a party; (f) will not violate any rights of Roensch Capital, including intellectual property rights; and (g) agree to provide, operate, and maintain, at your sole risk, cost, and expense, all equipment, software, and internet access necessary to use the Site.

Without limiting the generality of the foregoing or any other provision hereof, you acknowledge and agree as follows:

• That the content, materials, services, and other intellectual property contained or embodied in the Site are owned by Roensch Capital or its licensors and are protected by copyright, trademark, trade dress, trade secret, and other similar laws.
• Not to promote, offer for sale, or sell any product or service through the Site unless expressly authorized in writing by Roensch Capital.
• Not to transmit, send, or otherwise post unauthorized commercial communications, spam, solicitations, chain letters, or similar materials or advertisements using the Site.
• Not to access the Site using any automated means, including harvesting bots, robots, scrapers, crawlers, or similar technology.
• Not to engage in data extraction, dataset building, automated capture, AI scraping, model training, or any other unauthorized collection of Site content.
• Not to upload, use, or disseminate viruses, malware, malicious code, or abusive scripts or processes.
• Not to solicit login credentials, account access, or personal information from another person.
• Not to bully, intimidate, stalk, harass, threaten, or impersonate any person.
• Not to post content that is hateful, threatening, abusive, obscene, pornographic, defamatory, fraudulent, misleading, unlawful, invasive of privacy, or otherwise objectionable in our sole discretion.
• Not to use the Site in any manner that is, or could reasonably be construed to be, unlawful, including in violation of any law, rule, or regulation related to securities, commodities, futures, options, financial promotions, advertising, or market activity.
• Not to use the Site in any manner that is, or could reasonably be construed to be, fraudulent, deceptive, malicious, discriminatory, misleading, or in violation of these Terms and Conditions.
• Not to take any action that could disable, overburden, or impair the Site, including any denial-of-service activity or interference with hosting, streaming, payment, or delivery infrastructure.
• Not to engage in manipulative practices designed to obscure your identity, bypass access limits, duplicate accounts, or artificially generate traffic, activity, or account events.
• Not to facilitate or encourage violations of these Terms and Conditions.
• Not to make defamatory, knowingly false, malicious, or disparaging statements regarding the Site, Roensch Capital, The Tomb, the RAM methodology, or any related product or service.
• Not to make your account or any portion thereof available to any other person.
• Not to issue chargeback disputes or payment reversals in violation of these Terms and Conditions.
• Not to use copyrighted, trademarked, or other protected intellectual property without authorization.
• Not to copy, distribute, disseminate, record, screenshot for redistribution, mirror, rebroadcast, rehost, sublicense, or resell any portion of the Site or its content.
• Not to reverse engineer, decompile, disassemble, or otherwise attempt to discover the structure, code, delivery methods, or protected media endpoints of the Site.
• Not to take any other action that could damage, disrupt, dilute, or interfere with the Site or otherwise create liability, damages, costs, or expenses for Roensch Capital.
• Not to share personal information of other members or request personal information from other members except as expressly permitted in a lawful context.

All content, materials, and services related to the Site shall be solely used by you for your own personal, individual, non-transferable educational use and for no other purpose. Violating any of the foregoing may result in immediate removal from the Site and forfeiture of your right to continued access, support, or any refund.

Ownership; Limited License

By becoming a customer of Roensch Capital and using the Site, Roensch Capital hereby grants to you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use the Site and its content, materials, and services solely for your own personal, non-commercial educational use and solely for the purposes expressly contemplated by the Site, subject to these Terms and Conditions and all other rules, regulations, policies, notices, and disclaimers imposed or adopted by Roensch Capital.

This limited license is freely revocable and terminable by Roensch Capital at any time, with or without cause, and in our sole discretion. Without limiting the foregoing, this limited license shall automatically terminate upon any violation of these Terms and Conditions or any other rule, regulation, policy, notice, or disclaimer of Roensch Capital.

Upon revocation or termination of this limited license, you shall immediately cease using the Site and destroy or delete any materials, downloads, copies, notes, recordings, or other materials derived from the Site to the extent requested by Roensch Capital and to the fullest extent permitted by law. You acknowledge that after such revocation or termination, Roensch Capital may deny you access to the Site and any related content, materials, or services in its sole discretion.

Roensch Capital reserves all rights not expressly granted in these Terms and Conditions, including, without limitation, title, ownership, intellectual property rights, and all other right, title, and interest in and to the Site, The Tomb, the RAM methodology, all related content, all videos, all audio, all archives, all chat and community materials, all branding, all designs, all logos, and all copies or derivative works thereof. You acknowledge and agree that the Site and all related content and materials are proprietary to Roensch Capital and protected by applicable law.

Additionally, to the extent you submit comments, questions, testimonials, feedback, ideas, chat messages, posts, suggestions, media, or other materials to Roensch Capital or through the Site (“User Submissions”), you grant Roensch Capital a worldwide, perpetual, irrevocable, royalty-free, sublicensable, transferable right and license to use, reproduce, edit, adapt, publish, display, distribute, archive, analyze, commercialize, and create derivative works from such User Submissions for lawful business purposes, including educational, operational, marketing, promotional, archival, and product-development purposes, without additional notice, consent, or compensation to you, except where prohibited by law.

Consent to Utilize Audio, Video, Photography, User Content, and Community Submissions

Roensch Capital may host livestreams, webinars, group calls, Q&A sessions, community events, digital meetings, and in-person events from time to time. These events may be recorded, photographed, transcribed, clipped, excerpted, archived, or otherwise captured for educational, archival, operational, security, marketing, and promotional purposes.

By attending, joining, participating in, or submitting content to any such session, event, livestream, call, Q&A, chat, or community feature, you agree that Roensch Capital may record, reproduce, edit, publish, transmit, archive, display, and otherwise use your name, username, likeness, image, voice, comments, questions, chat posts, and participation for lawful business purposes, including internal use, educational materials, archives, and marketing, without further approval or compensation, except where prohibited by law.

If you do not wish to appear in such materials, your sole remedy is not to participate in the relevant interactive feature or event.

Violation; Suspension; Termination of Account

Roensch Capital reserves the right to investigate violations of these Terms and Conditions, our policies, or applicable law, and to pursue any remedy available at law, in equity, or otherwise. You acknowledge and agree that Roensch Capital may notify, involve, and cooperate with payment processors, hosting providers, service vendors, legal counsel, law enforcement, regulators, and other third parties in connection with investigating and enforcing suspected violations.

You further acknowledge and agree that Roensch Capital has no obligation to screen, monitor, or review all user activity, all content, or all submissions, but has the right to do so at any time in its sole discretion. Roensch Capital may, in its sole discretion, remove or delete any content, entry, post, submission, or material, and may suspend, restrict, deactivate, or terminate the subscription, membership, account, or access of any user that violates these Terms and Conditions or otherwise posts, submits, or disseminates content that Roensch Capital finds objectionable, disruptive, unlawful, infringing, or inconsistent with the Site.

You acknowledge and agree that Roensch Capital may, in its sole discretion, cancel, suspend, or terminate your account if you breach these Terms and Conditions. Roensch Capital may also refuse to permit any use of the Site or any future purchase, registration, or access by any person at any time and for any reason consistent with applicable law. Any such suspension or termination may occur without refund.

Purchases and Refunds

Through the Site, Roensch Capital offers educational products, memberships, digital libraries, access passes, archives, replays, and other fee-based services. A valid payment method may be required to complete any purchase, and by submitting payment information you represent and warrant that you are authorized to use that payment method and authorize us and our processors to charge the total amount due, including any applicable taxes and fees.

Unless otherwise expressly stated in writing by Roensch Capital, products sold through the Site are digital products, access products, memberships, educational services, or access rights, and no physical materials are required to be shipped.

By purchasing, you expressly acknowledge and agree that you are purchasing digital content, digital access, memberships, and educational materials; that value may be provided immediately upon purchase or access being granted; that all sales are final; and that you waive, to the fullest extent permitted by law, any claim to a refund, return, exchange, partial refund, cancellation-based reimbursement, or credit. Dissatisfaction, lack of use, misunderstanding of the offer, failure to log in, failure to attend, change of mind, financial hardship, mistaken assumptions, or failure to achieve desired results shall not entitle you to a refund.

Chargebacks and Payment Disputes. You agree not to initiate any chargeback, payment reversal, or payment dispute in bad faith or contrary to these Terms and Conditions. If you initiate a chargeback or dispute a valid charge governed by these Terms, Roensch Capital reserves the right to immediately suspend or terminate your access, contest the chargeback using relevant records, deny future purchases or access, and recover associated fees, costs, administrative expenses, collection expenses, and attorneys’ fees to the fullest extent permitted by law.

All fees charged by Roensch Capital are exclusive of applicable taxes, levies, duties, or similar governmental assessments unless expressly stated otherwise, and you are responsible for all such amounts.

Membership Terms; Access Period; Billing

The Tomb is an educational membership and access-based platform operated by Roensch Capital. Access terms, included content, duration, features, and pricing may vary by offer, campaign, or checkout page. If you purchase a fixed-term access product, your access will continue for the period stated on the applicable sales or checkout page, subject to these Terms and your continued compliance with them.

If Roensch Capital offers any recurring subscription, installment plan, periodic billing arrangement, or auto-renewing product now or in the future, you authorize Roensch Capital and its payment processors to charge your payment method automatically according to the billing terms presented at checkout until properly cancelled. You are solely responsible for maintaining accurate billing and contact information. If your payment method is declined, expired, fails, or cannot be charged, Roensch Capital may suspend or terminate access without notice.

Roensch Capital is not obligated to continue any specific category, archive, livestream schedule, content frequency, replay format, community feature, portal structure, delivery platform, or support structure for any fixed period unless explicitly guaranteed in writing.

Modifications to the Site and Pricing

Roensch Capital reserves the right to modify the Site, including without limitation its content, materials, services, archives, categories, features, libraries, chat functions, delivery methods, pricing, fees, costs, terms, and packaging, at any time and without notice. Without limiting the generality of the foregoing, Roensch Capital reserves the right at any time and from time to time to modify, suspend, or discontinue, temporarily or permanently, the Site or any part thereof.

Any new features that augment or enhance the then-current version of the Site shall be subject to these Terms and Conditions and may, in Roensch Capital’s sole discretion, result in pricing changes. Roensch Capital shall not be liable to you or to any third party for any modification, price change, suspension, discontinuance, interruption, delay, or removal of the Site or any part thereof.

Roensch Capital may communicate changes by posting notice on the Site, within your account area, by email, or by any other reasonable means. You acknowledge and agree that Roensch Capital shall have no liability arising from your failure to maintain accurate contact information or your failure to receive or review any such notice.

Cancellations

If you are enrolled in any recurring subscription, installment arrangement, or other renewable service now or in the future, you are solely responsible for timely cancelling before the next billing cycle if you do not wish to continue. Any cancellation terms presented at checkout, in your account portal, or in written instructions from Roensch Capital shall apply.

Cancellation will generally stop future recurring charges only. Cancellation does not create any right to a refund for charges already incurred, and any amounts already paid remain non-refundable. If your purchase is a one-time payment for a fixed access term, there may be nothing to cancel beyond allowing your access term to expire.

Roensch Capital may, but is not obligated to, provide account-management tools, billing portals, customer support assistance, or email-based cancellation support. Any such accommodation does not waive, alter, or limit the no-refund policy.

General Disclaimer of Warranties

THE SITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS, WITH NO WARRANTIES WHATSOEVER.

TO THE FULLEST EXTENT PERMITTED BY LAW, ROENSCH CAPITAL DISCLAIMS ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, RELIABILITY, AVAILABILITY, SECURITY, AND PERFORMANCE. WITHOUT LIMITING THE FOREGOING, ROENSCH CAPITAL DOES NOT WARRANT THAT (I) THE SITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (II) THE SITE WILL BE UNINTERRUPTED, TIMELY, AVAILABLE, SECURE, OR ERROR-FREE, (III) ANY RESULTS MAY BE OBTAINED FROM YOUR USE OF THE SITE, OR THAT ANY DATA, CONTENT, OR INFORMATION ON THE SITE IS OR WILL BE ACCURATE, CURRENT, COMPLETE, LEGAL, OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCT, SERVICE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS OR DEFECTS WILL BE CORRECTED.

YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT YOUR USE OF THE SITE, AND ANY CONTENT, SERVICES, OR OTHER MATERIALS RELATED THERETO, IS SOLELY AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS, DAMAGE, LIABILITY, CLAIM, COST, OR EXPENSE ARISING FROM OR RELATING TO YOUR USE OF THE SITE.

Disclaimers

Roensch Capital expressly discloses, disclaims, and states as follows, and you hereby confirm that you understand, acknowledge, and agree as follows:

Your Responsibility. Roensch Capital is an educational company and publisher of general educational content. Roensch Capital is not a registered investment adviser, broker-dealer, commodity trading advisor, commodity pool operator, financial planner, legal adviser, tax adviser, or accountant, and does not offer personalized investment advice. To the extent any content, material, information, statement, chart, stream, Q&A response, or other informational offering made available by Roensch Capital could be construed as “investment advice,” such content is impersonal, educational, general in nature, and not tailored to the investment objectives, financial situation, needs, or circumstances of any specific person.

The information contained within the Site is provided for informational and educational purposes only. Nothing contained on the Site constitutes or should be construed as investment advice, trading advice, legal advice, tax advice, accounting advice, an offer to buy or sell any security or financial instrument, a solicitation of an offer to buy or sell any security or financial instrument, or a recommendation, endorsement, or suitability determination regarding any transaction, strategy, broker, prop firm, platform, market, or financial instrument.

You remain solely responsible for all decisions regarding your trading, investing, account structure, risk management, tax treatment, legal compliance, purchases, sales, entries, exits, use of leverage, and all other financial decisions and activities. Roensch Capital personnel are not authorized to give you personalized investment, legal, tax, or accounting advice, and you agree that you will not solicit or rely on any such advice from Roensch Capital or its personnel.

Research, Informational, and Educational Purposes Only. All data, content, and information provided through the Site are for research, informational, commentary, and educational purposes only. The Tomb, the RAM methodology, livestreams, archives, training materials, Q&A sessions, and community content are intended to help users think about markets, execution, discipline, risk, and framework. They are not intended to direct any user to place any specific trade or engage in any specific transaction.

You should not rely on the Site as your sole source of information, analysis, or due diligence. If you choose to rely on any content, commentary, examples, educational material, or discussion made available through the Site, you do so solely at your own risk.

Data, Content, and Information. No data, content, or information provided by Roensch Capital is intended, and none shall constitute or be construed as, advice or any recommendation to buy, sell, or hold any security, future, option, commodity, contract, or other financial instrument, or to pursue any particular strategy. Roensch Capital does not guarantee the accuracy, currency, completeness, reliability, availability, legality, adequacy, profitability, or usefulness of any information made available through the Site, including any educational content, community content, chatroom content, replay, member post, Q&A response, commentary, example, idea, or analysis.

If you choose to rely on any such information, you do so solely at your own risk. Markets move quickly, financial information may become stale immediately, and trading decisions must be made independently by you and not in reliance on Roensch Capital.

Community, Chat, Q&A, and Interactive Features. Any forum, chat, comment section, Q&A area, member area, or community feature available through the Site may include content generated by users, moderators, contractors, staff, or third parties. All such content is for informational and educational purposes only and does not constitute a recommendation by Roensch Capital to engage in any transaction or strategy. Roensch Capital does not control, verify, endorse, or guarantee the accuracy of user-generated content or third-party commentary.

You understand, acknowledge, and agree that your participation in any interactive feature is at your own risk and that you may be exposed to content that you consider objectionable, inaccurate, offensive, incomplete, or misleading. Under no circumstances shall Roensch Capital be liable for any such content or for any loss or damage arising from your exposure to or reliance upon such content.

Illustrative Examples and Hypothetical Performance. You understand, acknowledge, and agree that content presented through the Site may include illustrative examples, hypothetical scenarios, chart markups, post-trade reviews, educational walkthroughs, and concept demonstrations provided strictly for informational and educational purposes.

These examples are used to explain trading concepts, execution principles, and decision-making processes, and should not be interpreted as guarantees of actual execution, future performance, or profitability. They are not signals, trade alerts, or promises of results.

Hypothetical or illustrative performance results have inherent limitations. Unlike actual trading, such examples do not reflect real-time execution, and may not account for all market conditions, including but not limited to liquidity constraints, slippage, commissions, execution differences, delays, account size variations, technology issues, user error, or emotional decision-making. No representation is being made that any account will or is likely to achieve profits or losses similar to any example shown or discussed.

Trading Risk; Futures, Stocks, Options, and Other Instruments. Trading and investing involve a high degree of risk and are speculative in nature. You may lose all or substantially all of your capital. Some products and strategies, including leveraged products, futures, options, and short-duration trading, may involve elevated risk and may not be suitable for you. Only persons who understand and accept these risks and who can bear the risk of substantial or complete loss of funds should engage in trading activity. Do not trade with money you cannot afford to lose.

No Guarantee of Results. Roensch Capital does not guarantee any result, outcome, profitability level, performance level, financial gain, consistency, discipline improvement, or business result from using the Site. Past performance, examples, stories, testimonials, commentary, and educational case studies are not indicative of future results. Your results may vary materially for many reasons, including skill, psychology, market conditions, discipline, timing, capital, technology, and ability to execute.

Testimonials Disclaimer. Any testimonials, endorsements, case studies, descriptions of results, statements of satisfaction, or descriptions of personal experience appearing on the Site are based on individual experiences and are not necessarily representative of all users. Such testimonials do not constitute a guarantee, warranty, or prediction that you will achieve similar results. Results are not typical, and we do not represent that all users will achieve the same or similar outcomes.

Any endorsements, testimonials, or descriptions of experience appearing on the Site may be edited for length, clarity, grammar, or formatting, while preserving the general substance of the submission. No testimonial should be interpreted as proof that the Site will cause you to become profitable, successful, or financially improved.

Third-Party Websites, Tools, Platforms, and Services. The Site may contain links to third-party websites, brokers, funding companies, software vendors, platforms, tools, social networks, affiliate offers, payment processors, video hosts, and other services. The fact that Roensch Capital links to, references, integrates with, or mentions a third party does not constitute an endorsement, guarantee, or representation regarding that party unless expressly stated. Roensch Capital does not control and is not responsible for any third-party content, policy, service, offer, billing issue, security practice, or result. Your use of any third-party website or service is entirely at your own risk.

Activities of Roensch Capital Personnel. Roensch Capital personnel, including owners, employees, contractors, moderators, hosts, and affiliates, may trade or may refrain from trading in their sole discretion. Such persons may hold positions, change positions, have opinions inconsistent with content shown on the Site, and are under no obligation to disclose all positions, entries, exits, trades, account structures, or decision-making processes. Any such activity shall not create any duty to you, any advisory relationship with you, or any obligation to match, mirror, disclose, or justify trades or positions.

Affiliate Relationships. Roensch Capital may receive referral fees, affiliate commissions, sponsorship compensation, promotional consideration, or other compensation from third-party companies mentioned on the Site. Any such relationship does not create a guarantee regarding the quality, reliability, or suitability of the third-party product or service for you.

Limitations of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, ROENSCH CAPITAL, AND ITS OWNERS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, AGENTS, LICENSORS, AFFILIATES, SUCCESSORS, AND ASSIGNS, SHALL NOT BE LIABLE TO YOU UNDER ANY LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST DATA, LOSS OF GOODWILL, LOSS OF OPPORTUNITY, BUSINESS INTERRUPTION, TRADING LOSSES, OR OTHER FINANCIAL LOSSES, ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS, YOUR USE OF THE SITE, OR ANY PRODUCT OR SERVICE OF ROENSCH CAPITAL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF ROENSCH CAPITAL FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THE SITE, THESE TERMS AND CONDITIONS, OR ANY PRODUCT OR SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO ROENSCH CAPITAL FOR THE SPECIFIC PRODUCT OR SERVICE GIVING RISE TO THE CLAIM DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) TWO HUNDRED FIFTY U.S. DOLLARS (US $250). THIS LIMITATION OF LIABILITY SHALL APPLY REGARDLESS OF WHETHER ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE AND TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Indemnification

You shall indemnify, defend, and hold harmless Roensch Capital and its owners, officers, directors, shareholders, employees, contractors, representatives, agents, licensors, affiliates, successors, and assigns from and against any and all claims, demands, actions, proceedings, damages, judgments, liabilities, losses, costs, and expenses, including reasonable attorneys’ fees and costs, arising out of or relating to: (i) your breach of these Terms and Conditions; (ii) your violation of any law, rule, regulation, or third-party right; (iii) your misuse of the Site; (iv) your User Submissions; (v) your trading or investing activities; (vi) your dispute with any third party; or (vii) your negligent, fraudulent, or willfully wrongful conduct.

Roensch Capital reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate fully with our defense of such claim.

Privacy and Personal Information

Roensch Capital may collect, use, store, disclose, and process information provided by you or generated through your use of the Site in accordance with applicable law and our Privacy Policy, if any. Without limiting the foregoing, you acknowledge that Roensch Capital may use information provided by you through the Site, through support communications, through payment and account systems, through community interactions, and through your general use of the Site for lawful business purposes, including account administration, operations, security, analytics, customer support, product improvement, and marketing, subject to applicable law.

You are responsible for the accuracy of the information you provide and for safeguarding your own account credentials, devices, and access methods.

Modifications

Roensch Capital reserves the right to revise, amend, modify, supplement, or replace these Terms and Conditions at any time, in our sole discretion, without prior notice except as required by law. Updated Terms may be posted on the Site and shall become effective when posted or on the effective date stated therein.

By continuing to use the Site after updated Terms are posted, you agree to be bound by the then-current version of these Terms and Conditions. You agree to consult the Site regularly for up-to-date information about these Terms and Conditions and any related policies. Roensch Capital may also make changes to the Site, products, services, content, or offers at any time without notice and without any obligation to update archived or previously posted material.

Governing Law; Arbitration; Class Action Waiver

This section is referred to as the “Arbitration Agreement.” You agree that any and all disputes, claims, or controversies that have arisen or may arise between you and Roensch Capital, whether arising out of or relating to these Terms and Conditions, the Site, any product or service, any purchase, any payment, any marketing, any representation, any support interaction, or your relationship with Roensch Capital, shall be resolved exclusively through final and binding arbitration rather than in court, except that either party may bring an individual claim in small claims court if the claim qualifies.

You and Roensch Capital each agree that, by agreeing to these Terms and Conditions, each is waiving the right to a trial by jury and the right to participate in a class action, collective action, private attorney general action, or other representative proceeding. Your rights will be determined by a neutral arbitrator and not by a judge or jury, except as otherwise required by law.

Informal Resolution. Before commencing arbitration, you agree to first send written notice of the dispute to team@roenschcapital.com with the subject line “Legal Notice of Dispute,” describing the nature and basis of the dispute and the specific relief sought. The parties agree to attempt in good faith to resolve the dispute informally for a period of sixty (60) days from receipt of such notice before arbitration may be commenced.

Arbitration Rules and Venue. If the dispute is not resolved informally, the dispute shall be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its applicable rules then in effect, except as modified by these Terms. The arbitration shall be conducted before a single neutral arbitrator. Unless otherwise required by applicable law or mutually agreed by the parties, the seat and venue of arbitration shall be Wisconsin, and the arbitration may be conducted remotely, by documents, by telephone, by video conference, or in person as determined by the arbitrator consistent with the applicable rules and the nature of the dispute.

The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, formation, or scope of this Arbitration Agreement, except that a court of competent jurisdiction may determine issues specifically reserved to courts by law. The arbitrator may award the same individualized relief that a court could award, subject to these Terms and applicable law.

Class Action Waiver. YOU AND ROENSCH CAPITAL AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, MASS, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE PROCEEDING. Unless both you and Roensch Capital agree otherwise in writing, the arbitrator may not consolidate more than one person’s claims and may not preside over any representative or class proceeding.

Injunctive Relief. Notwithstanding the foregoing, Roensch Capital may seek temporary, preliminary, or permanent injunctive or equitable relief in a court of competent jurisdiction to protect its intellectual property, confidential information, access controls, platform security, content rights, payment rights, or other proprietary rights.

Governing Law. These Terms and Conditions, and any dispute arising out of or relating to them or the Site, shall be governed by and construed in accordance with the laws of the State of Wisconsin, without regard to conflict of law principles, except to the extent federal law, including the Federal Arbitration Act, governs arbitration-related issues.

United States Users Only

The Site is intended for users located in the United States. Persons who choose to access the Site from other jurisdictions do so at their own risk and are solely responsible for compliance with all local laws, rules, and regulations applicable to them. Roensch Capital reserves the right to limit the availability of the Site or any product or service to any person, geographic area, or jurisdiction at any time.

Severability

If any provision of these Terms and Conditions is found by an arbitrator or court of competent jurisdiction to be invalid, illegal, void, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable while preserving its intent as nearly as possible, and if modification is not possible, it shall be severed, and the remainder of these Terms and Conditions shall remain in full force and effect.

Entire Agreement

These Terms and Conditions constitute the entire, complete, and exclusive agreement between you and Roensch Capital regarding the Site and the products and services of Roensch Capital and supersede all prior and contemporaneous understandings, agreements, communications, and proposals, whether written or oral, regarding the subject matter hereof, except as otherwise expressly stated in a separate written agreement signed by an authorized representative of Roensch Capital.

Any rights and obligations that by their nature should survive termination shall survive termination, including without limitation provisions regarding ownership, intellectual property, payment obligations, no-refund policy, disclaimers, limitations of liability, indemnification, dispute resolution, arbitration, and governing law.

Waivers

No failure or delay by Roensch Capital in exercising any right, remedy, power, or privilege under these Terms and Conditions shall operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power, or privilege preclude any other or further exercise thereof. Any waiver must be in writing and signed by an authorized representative of Roensch Capital to be effective.

Questions

Questions about these Terms and Conditions should be directed to:

Roensch Capital
team@roenschcapital.com