Terms & Conditions

Effective Date: 01/25/23

Trade By Design (“Trade By Design,” “Company,” “we,” or “us”), operated by John Guaman, provides educational/entertainment content, services, and products related to trading, investing, and financial education through its websites, videos, courses, and coaching (collectively, the “Services”).

By accessing or using the Services, you agree to these Terms & Conditions and our Privacy Policy, which govern your use of the Services. If you do not agree to all of the terms, you must discontinue use of the Services immediately.

Advisory and Financial Disclaimer

Trade By Design and John Guaman are not licensed investment advisors, broker‑dealers, securities dealers, or legal, tax, or financial professionals of any kind, nor are we registered as a broker‑dealer with the Financial Industry Regulatory Authority (FINRA) or any self‑regulatory organization, and we do not provide personalized financial, investment, tax, or legal advice, nor are we acting in any fiduciary capacity.

Neither Trade By Design nor John Guaman shall be considered your investment advisor, broker, dealer, or attorney.

We do not offer personalized recommendations.Nothing contained herein shall be construed to create an attorney‑client, financial advisor‑client, or any other professional‑client relationship between you and the Company.

All information, materials, and content provided on or through the Services are for general educational/entertainment and informational purposes only and do not constitute financial, investment, legal, or tax advice, nor are they intended as a solicitation or recommendation to buy or sell any security, commodity, or other financial instrument.

The Company has no fiduciary duty to you and does not act as your agent, broker, dealer, advisor, or attorney.

All trading and investment decisions are made by you, and you are solely responsible for your decisions.

Nothing in the Services should be construed as providing, directly or by implication, a guarantee of future profits or returns.

All content is provided “as is” without any representation or warranty, express or implied, of any kind regarding its accuracy, completeness, or fitness for any particular purpose.

Trade By Design and John Guaman expressly disclaim all warranties with respect to the Services, including any warranties of accuracy, reliability, or suitability.

Without limiting the foregoing, Trade By Design, Life By Design Media LLC, and John Guaman make no representation that any of the Services comply with any specific regulatory requirements of the SEC, CFTC, FINRA, or any other regulatory authority.

Under no circumstances shall Company Parties be liable for any errors or omissions in any content.

You expressly understand and agree that you use the Services at your own risk.

Third‑Party Brokers, Platforms, and Services

You are strongly advised to seek independent, qualified financial, legal, or tax advice from a licensed professional before making any decisions or taking any action based on the content of the Services.

Nothing in these Terms or on the Services should be construed as investment, legal, tax, or financial advice.

Any mention of third‑party brokers, platforms, or services is for informational purposes only.

We are not affiliated with, employed by, or endorsed by any broker, exchange, or financial institution, even if we provide a referral link or bonus code.

Some of the links or services we mention may be affiliate links. This means we may receive compensation if you sign up or purchase through these links.

This comes at no additional cost to you. We are not responsible for the availability, accuracy, or content of any third‑party services, and you use them at your own risk.

Entertainment Purpose Only

All content, including written materials, videos, webinars, charts, and any other media or communication, is provided solely for general educational and informational purposes. The content is not intended to be a substitute for professional advice or personalized guidance. All content is offered “as is” and without any guarantee of accuracy or completeness.

Past performance of any trading strategy, method, or educational program is not indicative of future results.

Any examples, case studies, or illustrations presented through the Services are provided for illustrative purposes only.

You should not rely solely on any example or testimonial.

All content is for learning and information only, and you should not assume that following any strategy or using any content will lead to any particular outcome.

No Guarantees of Earnings

You acknowledge that the Services provided by Trade By Design do not guarantee any specific financial results, profits, income, or returns on investment.

Any income, financial, investment, or earnings projections, statements, or testimonials presented on the Services are purely hypothetical, illustrative, and used as examples only.

Individual results vary and depend on factors beyond the Company’s control, such as market conditions, personal effort, risk tolerance, and economic factors.

There is no assurance of positive returns, and you may incur losses. We make no representation of average or typical results.You should not assume that any examples, case studies, or testimonials on the Services represent typical results of any user.

Trade By Design explicitly disclaims any guarantee of income, profit, or success resulting from your use of the Services or your reliance on any content.

The income or results shown are exceptional and not typical. Your results will vary depending on your own effort, market conditions, and other factors beyond our control. We do not guarantee any outcome.

You are solely responsible for ensuring that your participation and activities comply with all laws and regulations in your jurisdiction, including any licensing or registration requirements.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, Trade By Design, John Guaman, and any of their affiliates, officers, directors, employees, agents, partners, and licensors (collectively, the “Company Parties”) shall not be liable for any direct, indirect, incidental, consequential, special, punitive, or exemplary damages of any kind, including without limitation lost profits, lost data, trading losses, business interruption, or any other damages, arising out of or related to the use of or inability to use the Services or any content provided, regardless of the theory of liability (whether in contract, tort, negligence, strict liability, or otherwise), even if the Company has been advised of the possibility of such damages.

Under no circumstances shall the Company Parties have any liability for your decisions or actions based on the content.

Your sole and exclusive remedy for dissatisfaction with the Services is to discontinue use of the Services.

Notwithstanding the foregoing, in no event shall the aggregate liability of the Company Parties exceed the amount of any fees paid by you to the Company for access to the Services (if any).

You expressly understand and agree that you use the Services at your own risk, and you waive any right to seek damages or file lawsuits against the Company Parties for any losses or damages that you may incur.

Intellectual Property Rights

All content and materials available through the Services, including but not limited to text, graphics, videos, audio clips, software, trademarks, service marks, logos, and designs, are the property of Trade By Design or its licensors and are protected by copyright, trademark, and other intellectual property laws.

You may view and use the Services for your personal, non‑commercial use only.

You may not copy, reproduce, distribute, create derivative works of, publicly display, perform, or otherwise use any content from the Services without the prior written consent of Trade By Design.

Any unauthorized use of the content may result in termination of your access and legal action.

All tools, indicators, and resources are provided “as‑is” without any warranty of accuracy or fitness for a particular purpose.

We make no promises that any tool will produce any specific result or profit.

Your access to the Services does not grant you any ownership or license to the content beyond the limited license to view and use the Services for your personal, non‑commercial purposes. Any unauthorized use of the content or infringement of intellectual property rights is prohibited.

Indemnification

You agree to indemnify, defend, and hold harmless Trade By Design, John Guaman, and their affiliates, officers, directors, employees, agents, partners, and licensors from and against any and all claims, liabilities, damages, losses, or expenses (including reasonable attorneys’ fees) arising out of or related to your breach of these Terms, your use or misuse of the Services, or your violation of any applicable law or the rights of a third party.

This indemnification obligation applies without limitation, even if the alleged liability arises from the actions or omissions of any of the Company Parties, and it shall survive termination of these Terms.

Mandatory Arbitration

You and Trade By Design agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved exclusively through binding arbitration administered by the American Arbitration Association (AAA) (or a similar arbitration organization chosen by Trade By Design) under its Commercial Arbitration Rules.

The arbitration shall be conducted in Fort Lauderdale, Florida, USA, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction. Notwithstanding any provision of these Terms, arbitration shall proceed in lieu of any court action, and you waive any right to bring a lawsuit in court.

Regulatory Compliance

The content, products, and services provided by Trade By Design and John Guaman (collectively, “we,” “our,” or “us”) are strictly for entertainment purposes only.

We are not licensed or registered with any government or regulatory authority, including but not limited to the U.S. Securities and Exchange Commission (SEC), the Commodity Futures Trading Commission (CFTC), the Financial Industry Regulatory Authority (FINRA), or the Federal Trade Commission (FTC).

We do not offer, solicit, or provide investment advice, broker or dealer services, financial planning, tax advice, or fiduciary services of any kind.

Nothing contained in our materials or services should be construed as an offer to buy, sell, or trade any security, commodity, or financial instrument.

We make no representations or warranties that any content or methods discussed comply with the regulatory requirements of any jurisdiction.

All examples, case studies, or trading results shown are for illustration only and are not guarantees of future performance.

Your trading or financial activities are undertaken entirely at your own risk.

Any reliance on the Services is done at your own initiative and risk, and you are solely responsible for ensuring that your actions comply with the laws and regulations of your own jurisdiction.

General Terms

Severability: If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect and shall be enforced to the fullest extent permitted by law.

No Waiver: No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. Trade By Design’s failure to enforce any right or provision under these Terms shall not be considered a waiver of such right or provision.

Entire Agreement: These Terms constitute the entire agreement between you and Trade By Design regarding the Services and supersede all prior or contemporaneous communications, representations, or agreements, whether oral or written, regarding the same subject matter.

Governing Law: These Terms and any dispute arising out of or related to them shall be governed by and construed in accordance with the laws of Florida, USA, without regard to its conflict of law provisions.

You agree that any arbitration or legal proceeding shall take place exclusively in Florida, USA.

Payments, Refunds, and Cancellations

By purchasing any product, program, subscription, coaching package, or service from Trade By Design or John Guaman (collectively, the “Company”), you agree to the following:

1. Payments

All payments must be made in full and in advance unless otherwise stated in a separate written agreement signed by the Company.

You authorize the Company (and its third‑party payment processors) to charge the payment method you provide for all fees associated with your purchase, including any applicable taxes.

If a payment method is declined, you remain responsible for promptly providing a valid form of payment and paying all amounts due.

2. No Refund Policy

All purchases are final.

We do not offer refunds, credits, chargebacks, or cancellations for any products, programs, courses, memberships, coaching sessions, or services once payment has been made, unless otherwise explicitly stated in writing by the Company.

By completing your purchase, you acknowledge and agree that you are not entitled to a refund or reimbursement under any circumstance, including but not limited to lack of usage, dissatisfaction, or perceived lack of results.

3. Subscription Services

If your purchase involves a recurring subscription or membership, you authorize recurring billing until you cancel in accordance with the cancellation terms provided at the time of purchase.

Cancellation of a subscription will stop future billings but will not result in a refund of any prior payments.

4. Disputes and Chargebacks

Initiating a chargeback or payment dispute without first contacting the Company to resolve the issue may result in immediate suspension or termination of your access to the Services.

You agree to pay any costs, fees, or expenses (including attorneys’ fees) incurred by the Company in connection with resolving any improper chargeback or payment dispute.

5. No Guarantee of Results

Payment for any program, service, or product does not guarantee any specific outcome, profit, or result.

All services are provided on an educational and informational basis only, as described in these Terms & Conditions.

Waiver of Jury Trial and Class Actions

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY WAIVE ANY RIGHT TO A JURY TRIAL, AND YOU FURTHER WAIVE ANY RIGHT TO PARTICIPATE IN OR BRING ANY CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE ACTION AGAINST THE COMPANY PARTIES.

Any dispute shall be brought only in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.

If any part of this arbitration agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect