Limitation of Liability

This page reproduces the limitation of liability that forms part of our Terms of Service. It applies to everything Nefarious provides — the website, the Discord server, Whop products, indicators, education, research, tools, and community features (together, the “Service”).

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEFARIOUS, ITS OWNERS, OPERATORS, ANALYSTS, MODERATORS, CONTRIBUTORS, AFFILIATES, LICENSORS, AND SERVICE PROVIDERS (THE “NEFARIOUS PARTIES”) WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, TRADING LOSSES, LOST TRADING GAINS, LOSS OF CAPITAL, MISSED OPPORTUNITIES, LOSS OF DATA, LOSS OF GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THE SERVICE, ANY CONTENT, SIGNAL, ALERT, INDICATOR, EDUCATIONAL MATERIAL, RESEARCH, COPY-TRADING ARRANGEMENT, OR THESE TERMS — WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY, AND EVEN IF A NEFARIOUS PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF THE NEFARIOUS PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO NEFARIOUS (THROUGH WHOP OR OTHERWISE) FOR THE SERVICE IN THE THREE (3) MONTHS IMMEDIATELY BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) FIFTY U.S. DOLLARS (USD $50).

Without limiting the above, the Nefarious Parties are not responsible for:

• Your trading decisions. Every trade you place — including trades that copy, mirror, or follow an analyst, alert, indicator, or community discussion — is your own decision and your own risk.
• Third-party platforms. Brokers, exchanges, copy-trading pools, prop firms, Discord, Whop, TradingView, or any other platform you use alongside the Service, including their outages, execution, slippage, fees, liquidations, or account actions.
• Data accuracy and availability. Delays, errors, or omissions in market data, calendars, filings, congressional trade reports, indicator values, or any other information displayed on the Service, or any downtime of the Service.
• Other users. Conduct or content of other members, including in Discord, on comments, or on shared boards.
• Unauthorized access to your Discord, Google, Whop, broker, or exchange accounts, except to the extent caused by our breach of these Terms.

Consumer rights. Some jurisdictions do not allow the exclusion or limitation of certain warranties or damages, or limit how long an implied warranty lasts. If you are a consumer in such a jurisdiction (including the EU, UK, or certain U.S. states), the limitations above apply only to the extent permitted by law, and nothing in these Terms excludes liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded by law.

Basis of the bargain. The disclaimers and limitations in these Terms are fundamental elements of the agreement between you and Nefarious; the Service would not be offered (particularly its free tiers) without them. Each limitation applies independently, survives termination of your access, and applies even if any limited remedy fails of its essential purpose.

This limitation works together with the disclaimer of warranties and indemnification sections of the Terms, and with the Financial & Trading Disclaimer, which explains in plain language why nothing we publish is investment advice.

Questions: Business@nefarious.trading.