AGREEMENT

Below is the agreement between you (“you” or “You”) and EH Night Sky, LLC (the “Company,” “us,” “our,” “we”), effective as of the date you purchased the Course (as defined below). The agreement (the “Agreement”) applies to the course created and taught by Company and its representative Erin West that teaches trading in the U.S. stock market, currently titled Humans Who Trade, and any other courses created by Erin West that you purchase (the “Course”), and any course community groups, such as the alumni group currently hosted on the app Telegram, individual coaching sessions, live courses, digital courses, retreats, webinars, or books (collectively, the “Services”). The Agreement hereby incorporate the Privacy Policy and Terms of Use at erinwest.co (the “Website”).

BY CHECKING THE BOX AT CHECKOUT AND PURCHASING THE COURSE, YOU AGREE TO THE TERMS BELOW.

***TRADING IS RISKY. PLEASE READ BELOW***

By purchasing the Course, you agree that you are responsible for the decisions you make when trading and that you alone are fully responsible for your progress and results form participation in the Course and Services and that the Company offers no warranties or guarantees of any kind in relation to the Course and/or Services, including but not limited to your limitation of loss or future earnings.

Trading stocks is risky. You will lose money. Do not trade with money you cannot afford to lose. You may lose all of your money.

Your success as a trader is not guaranteed. Your success as a trader depends on many factors – your mastery of the Course material, your ability to follow the method presented in the Course, your ability to manage your emotions and nervous system while trading, your beliefs about how successful you can be as a trader – and especially on stock market conditions, over which NO ONE has control.

All trades, patterns, charts and methods and discussed in and related to the Course and the Course materials are examples only. You agree not to take them as specific advisory recommendations. No system or methodology has ever been developed that can guarantee profits or ensure freedom from losses, this one included.

The Company does not and cannot promise that you will or are likely to achieve profits discussed in connection with this Course.

How much a Company representative or someone else has made in the past using this trading method does not necessarily indicate what results you or anyone else will have. there is no guarantee that using the methodology or system will generate profits or ensure freedom from losses. The testimonials and examples mentioned in connection with the Course are unique results and are not intended to represent or guarantee that anyone will achieve the same or similar results.

This is not an offer to buy and/or sell securities.

This class is educational and informational only.

Nothing in this class is recommendation to buy or sell stock(s).

Nothing in this class is investment advice. Company is not an investment or financial advisor.

YOUR ACCEPTANCE. By purchasing the Course and/or Services, you warrant that You have read and reviewed this Agreement and that You agree to be bound by it. If You do not agree to be bound by this Agreement, you agree to leave the Course immediately. The Company only agrees to provide use of the Course and/or Services to You if You assent to this Agreement.Your purchase and continued use of the Course and/or Services constitutes your acceptance of this Agreement as a legal contract and the equivalent of an electronic signature. Users and the person executing this Agreement on behalf of any user that is a proprietorship, corporation, partnership or other entity, represent that such such is duly authorized by all necessary and appropriate corporate or other action to execute this contract on behalf of the user.

YOU WILL LOSE MONEY;RISKS. Company is not a magician. Company can teach the fundamentals of Erin West’s trading method. But Company cannot promise or guarantee you any results or returns. Company does not and cannot promise or guarantee that you'll earn money. Company can guarantee that you will lose money if you decide to trade with real money. Definitely. Losing money is an essential part of trading stock. And that's why Course spends a lot of time talking about losses, and how to manage them, and how to reduce them.

MORE ON THE RISKS OF TRADING. Conceivably, you could lose all of the money you trade with. Loss is inherent in doing anything risky—crossing the street, skydiving, driving, swimming, being alive—and trading stocks or other instruments is no different. Except that the potential loss in trading is your money. While Company will endeavor to teach you methods to minimize loss, whether that happens depends on a lot of things. One of those things is how you carry out the method taught in Course. Another is what the stock market does. There are patterns that indicate which direction the stock market is likely to move. But the stock market is ultimately unpredictable. And no one—not me, not Company—will ever know for sure how the stock market will perform.

WE ARE NOT FINANCIAL PROFESSIONALS. This is an educational course, not an investment advice course. We can't and will not give you investment advice. We’re not an investment advisor of any sort, licensed or otherwise. If we talk about a trade we made or are considering making, we are doing that as part of this educational course I'm providing. We are not recommending that you make the same trade. ***Always do your own research and go through your own process to make sure that any trade or investment makes sense to you and you alone.***

CFTC RULE 4.41. Hypothetical or simulated performance results have certain limitations. Also, since the trades have not been executed, the results may have under-or-over compensated for the impact, if any, of certain market factors, such as lack of liquidity. Simulated trading programs in general are also subject to the fact that they are designed with the benefit of hindsight. No representation is being made that any account will or is likely to achieve profit or losses similar to those shown.

RESTRICTIONS ON USE. We reserve the right to refuse service to anyone for any reason at any time.

COURSE CONTENTS. We reserve the right to change the content of the Course or the Services for any reason at any time.

AGE. You warrant that you are at least 18 years old. Company assumes no liability for your misrepresentation of your age.

SINGLE USER. You are granted a single license to use the Course and are therefore the only person entitled to use this Course. ***You agree not to share any materials in the Course.*** You may only use any Course documents, files or forms that you download or have access to for personal use; you may not sell or redistribute them without the express permission of the Company.

LAWFUL PURPOSES. You may use the Website, Course and Services for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Website. You agree to use the Website, Course and Services for legitimate, non-commercial purposes only. You shall not post or transmit through the Website, Course or Services any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability,or otherwise violate any law.

RESTRICTIONS ON APPLICABLE USE In connection with your use of the Website, Course or Services, you may not post, email, transmit or otherwise distribute: (a) Information infringing on intellectual property or privacy rights of others; Information that is unlawful, harmful, obscene, defamatory, harassing, abusive, or slanderous in our sole opinion; (b) Information that harm minors in any way; (c) viruses or other harmful computer code designed to interrupt, destroy or limit the use of any computer software or hardware, or (d) confidential information belonging to any other person. In addition, you may not engage in any conduct to: (a) collect information about others; (b) interfere with the Website or the servers or other technology hardware used by the Website; (c) inhibit others from using the Website, or (e) allow any other person or entity to use your password or other identification; or (f) violate any law or regulation.

LIMITATION OF LIABILITY. The Company is not liable for any damages that may occur to You as a result of Your use of the Course or Services, to the fullest extent permitted by law. The maximum liability of the Company arising from or relating to this Agreement is limited to the greater of one hundred ($100) US Dollars or the amount You paid to the Company in the last six (6) months. This section applies to any and all claims by You, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.

INDEMNIFICATION. You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of this Agreement, or any use by you of the Course, Website or Services. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary

PRICE. You agree to pay the amount shown on the email receipt sent after your purchase. For clarity, the Course is not a “pay in part” program where you can pay only for access to certain portions of the course and not others. This is a full immersion program, and your payment plan is a convenience that we offer so that you can make the price sustainable. For clarity, if you choose a payment plan, the amount that you agree to pay is the sum of all monthly payments.

PAYMENT. If your credit card is declined at any time, we will let you know via email so you can provide a new credit card within 48 hours of receiving our email. If you don't provide a new credit card within that 48-hours time and pay any outstanding balance, we will revoke your to the Course and Services, and no refund will be issued. If payment is not received from your credit card issuer, you hereby agree to pay all amounts due upon demand. You agree to pay all costs of collection, including attorney’s fees and costs, on any outstanding balance. In certain instances, the issuer of your credit card may charge you a foreign transaction fee or related charges, which you will be responsible to pay. You are advised to check with your bank and credit card issuer for details.

COURSE. In exchange for your payment, we will teach you our method for trading stocks or other instruments, depending on the course. For the Humans Who Trade course, you will receive a video each weekday for eight weeks. Once a week, Company will host a live Zoom meeting for one hour. You'll have access to recordings of the weekday videos and the Zoom meeting in a central repository, currently on the Podia platform. You'll have access to the weekday videos and the Zoom meetings as long as Company continues teaching this course. If for some reason Company stops teaching this course, Company will try, but does not guarantee, to continue to make the videos available in some way. For Services other than the Course, in exchange for your payment you will receive what was described on the sales page where the enrollment link was located.

REFUNDS. Company will refund your purchase if Company receives your refund request within 24 hours of purchase. Company wants Course to feel good for you. If Company and you are not both excited about it, it's not a good fit at this time. Company will endeavor to initiate your refund as soon as is practicable, but no longer than 14 calendar days Company receives your request.

THE COURSE MATERIALS ARE COMPANY’S INTELLECTUAL PROPERTY. Company is the creator and author of Course—including messages, emails, texts, written materials, PDFs, spreadsheets, calculators, worksheets, digital files or materials, videos, comments, Zoom calls and recordings, or processes. The amount Company charges for the course is a reflection of the education, training, practice, expertise, and time Company has spent to learn these techniques, and to create and administer the course. Company’s ability to be compensated for these things in the future depends on us being the only one sharing any of the course materials with other people. In the interest of fairness, you agree not to share, copy, publish, distribute, redistribute or create derivative works of any of the course materials (including messages, emails, texts, written materials, PDFs, worksheets, digital files or materials, videos, comments, Zoom calls and recordings) with anyone not in the Course. Company reserves the right to take legal action against any person or entity who infringes Company's intellectual property.

SHARE COURSE MATERIALS, METHOD AND STEPS WITH COMPANY’S PERMISSION ONLY. Sometimes people get really excited about something they come across, and they want to share it with other people. We would take it as a compliment if you wanted to do that with anything in this Course. So if you would like to share any part of this course or the materials mentioned in the paragraph above, you agree to ask Company before doing so. We may be able to work something out. And we may give you written permission to share something, but we are not obligated to. You further acknowledge that Company’s 8-step trading method (the “Method”) is proprietary, confidential and TRADE SECRET, and you agree not to share or discuss it with anyone not in the Course. You further agree not to share, copy or distribute notes you have taken in the Course that contain the 8 steps of the Method or details of any of the 8 steps with anyone outside the Course.

USE OF TEMPLATES AND FORMS. The Company provides various templates, spreadsheets and/or forms (“Forms”) for download and/or sale on the Website and in connection with the Course and Services.The Company grants you a limited, personal, non-exclusive, non-transferable license to use our templates and/or forms for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the templates and/or forms in any manner, except for modifications in filling out the templates and/or forms for your authorized use. By ordering or downloading Forms, you agree that the Forms you purchase or download may only be used by you for your personal use and may not be sold or redistributed without the express written consent of the Company.

ACCURACY OF MATERIALS. Company endeavors to be as accurate as possible with all information it provides, including information about the Course, in the Course, in coaching sessions and in support groups. That said, the Company does not guarantee the accuracy or reliability of any information, and you acknowledge and agree that you purchase and engage with such products at your own risk. Company provides the Course and Services on an “as is” and “with all faults” basis. To the extent permitted by law, we disclaim any implied warranties.

TRUE STATEMENTS. Company and you agree to be respectful of each other. You won't say anything untrue or engage in any conduct or communications with a third party, public or private, that is designed or may be construed to, directly or indirectly, disparage or criticize Company or its members, managers, employees, contractors, agents, representatives, associates or affiliates, the Services or the Course to anyone else that would hurt Company’s reputation, Company’s work's reputation and/or that would cause Company’s members, managers, employees, contractors or affiliates or Company financial harm. Company agrees not disparage or make false statements about you. If you have any concerns related to Company or the Course, you'll contact Company by phone, text, or email so that we can discuss and resolve them (bonjour@erinwest.co).

YOUR INFORMATION AND WORDS. By registering for the Course, you give Company permission to (1) text you and send you emails about the Course, future courses and other information that Company sent to you at the phone number and email address you provided at purchase or that you provide thereafter. If you no longer want to receive these emails, you may click the “unsubscribe” link at the bottom of any email or (2) notify Company in writing by writing bonjour@erinwest.co.

You grant Company the unrestricted, worldwide, royalty-free right to use, reproduce, publish and otherwise distribute your full name, photograph, video presence, voice personal story and/or likeness used in connection with the Course, Services, Company, Erin West and any other products or services Erin West or Company may create (collectively, “Likenesses”) in advertising, in Company promotional materials, in the Course or any other educational courses, events, intellectual property or content Company creates, in any and all formats, platforms or other media or social media now existing or hereafter created, and you hereby waive all claims for remuneration for such use and you release and forever discharge the Company from any and all claims and demands arising out of or in connection with the use of Likenesses.

If you upload materials, content, comments or other information (collectively, "Information") to areas of the Website, Course or Services that are available to other users, you give Company an irrevocable, perpetual license to use, reproduce, modify, adapt, publicly perform and publicly display the Information. Please refer to our Privacy Policy for an additional explanation of how we use your information and your rights to change or delete it.

JURISDICTION. The Company, Course and Website are based in the United States. We make no claims concerning whether the Course and Services may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Course and/or Services from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

IF WE DISAGREE. If Company and you can't resolve any disagreement related to the Course by talking, texting, or emailing each other, you agree that Company and you will use a mediator—not a court—to resolve the dispute. The mediator will use Washington State law, without regard to conflict of law rules. We agree to do a virtual mediation to minimize travel for both of us. If no resolution is reached with the mediator, you agree that we will use arbitration for dispute resolution, and we hereby designate an arbitrator in Seattle, Washington. You agree that the United Nations Convention on Contracts for the International Sale of Goods will have no applicability.

BY AGREEING TO THIS AGREEMENT, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST COMPANY BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE AND FEDERAL COURTS IN THE STATE OF OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION IN WASHINGTON STATE, UNITED STATES OF AMERICA, FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.

TERMINATION. You agree that we may without prior notice, discontinue, temporarily or permanently, the Course or eliminate your account, any associated email address, and remove any information you uploaded or provided to the Course or Services with or without notice. Cause for termination will include, but not be limited to, (a) violations of this Agreement or any other policy of the Company, (b) requests by law enforcement or other government agencies, (c) a request by you (d) discontinuance or material modification to the Course, (e) unexpected technical or security issues or problems or (f) for any other reason the Company deems necessary.

GENERAL.

ASSIGNMENTS. We may assign this contract at any time without notice to you. You may not assign this contract to anyone else.

ENTIRE AGREEMENT.This Agreement and the policies, rules and guidelines posted on the Website constitute the entire contract between you and us and supersede all previous written or oral contracts. If any part of the Terms is held invalid or unenforceable, that portion will be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions will remain in full force and effect.

SEVERABILITY. If any part or sub-part of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such condition, the remainder of this Agreement shall continue in full force.

NO WAIVER. In the event that we fail to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part.

FORCE MAJEURE. The Company is not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, pandemics and other acts which may be due to unforeseen circumstances.

IMPOSSIBILITY OF PERFORMANCE. We shall not be deemed to be in violation of this Agreement if we are prevented from performing any of its obligations hereunder for any reason beyond its control and without fault, including without limitation, acts of God or of the public enemy, man-made disaster, flood or storm, pandemic, strikes or statutory regulation or rule of any federal, state, or local government, or any agency thereof, however, the party so delayed shall exercise its best efforts to remedy any such cause of delay or cause preventing performance.

MODIFICATION OF THE AGREEMENT. It is our sole discretion to revise and update this Agreement from time to time. All changes are effective immediately when we post them, and apply to all access to and use of the Course and Services thereafter. Your continued use of the Course and Services following the posting of revised Agreement means that you accept and agree to the changes.

HEADINGS FOR CONVENIENCE ONLY. Headings of parts and sub-parts under this Agreement are for convenience and organization, only. Headings shall not affect the meaning of any provisions of this Agreement.

NO AGENCY, PARTNERSHIP OR JOINT VENTURE. No agency, partnership, or joint venture has been created between the parties as a result of this Agreement. No party has any authority to bind the other to third parties.

ELECTRONIC COMMUNICATIONS PERMITTED.Electronic communications are permitted to both Parties under this Agreement, including e-mail or fax. For any questions or concerns, please email us at the following address: bonjour@erinwest.co.

CONTACT. If you have questions about these terms, please email bonjour@erinwest.co.

Updated: November 27, 2024