This website (the “Site”) and the products and services described below are owned and operated by Mike Dillard Media, LLC and Finish Strong Ventures, LLC (together with their respective owners, officers, directors, employees, subsidiaries, affiliates, licensors, service providers, content providers, and agents, collectively “Company,” “we,” “our,” or “us”).
By accessing or using the Site, or by purchasing or using any product or service offered by Company, you agree to be bound by these Terms of Use (“Terms”) and to use the Site and the Services in accordance with these Terms, our Privacy Policy, our Earnings Disclaimer, our Refund Policy, and any additional terms and conditions that apply to specific sections of the Site or to specific products or services. Each of the foregoing documents is incorporated into these Terms by reference and forms part of your agreement with us.
Accessing the Site in any manner, whether automated or otherwise, constitutes use of the Site and your agreement to be bound by these Terms.
If you do not agree to these Terms, do not use the Site or the Services.
We reserve the right to change these Terms or to impose new conditions on use of the Site from time to time, in which case we will post the revised Terms on this page and update the “Last Updated” date. By continuing to use the Site or the Services after we post any such changes, you accept the Terms as modified.
Eligibility. You must be at least eighteen (18) years of age to purchase any product or service from Company. By purchasing, you represent that you are at least eighteen (18) years of age and have the legal capacity to enter into a binding contract.
For purposes of these Terms:
“CLEAR™ Indicator” means Company’s proprietary market-trend indicator distributed as an invite-only script on the TradingView platform.
“CLEAR™ Stock Analysis Platform” or “Platform” means Company’s web-based analytical tool that generates a Fundamental Quality Score (“FQS”), a Future Expectations Score (“FES”), a quadrant classification, and a CLEAR Criteria screening result for individual publicly traded companies, together with any accompanying written narrative commentary.
“CLEAR Criteria” means the fixed set of measurable standards applied by the Platform to produce a binary screening result of “MEETS THE CLEAR CRITERIA” or “DOES NOT MEET THE CLEAR CRITERIA.”
“Inner Circle Membership” or “Membership” means Company’s paid subscription community, which may include written posts describing positions held in Company’s personal portfolio (“Portfolio Updates”) and live video calls.
“Services” means, collectively, the CLEAR Indicator, the CLEAR Stock Analysis Platform, the Inner Circle Membership, all educational content, and all other products and services offered by Company through the Site.
“Scores” means the FQS, the FES, the quadrant classification, and any other numeric or categorical output generated by the Platform.
The Site, the Services, and all materials available through them — including without limitation the CLEAR Indicator, the CLEAR Stock Analysis Platform, the FQS and FES methodologies, the CLEAR Criteria, all scoring logic, weightings, thresholds, anchor values, model constants, source code, documentation, written content, video content, and design elements — are the property of Company and/or its affiliates or licensors, and are protected by copyright, trademark, trade secret, and other intellectual property laws.
Subject to your compliance with these Terms and payment of applicable fees, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Services for your own personal, internal, non-commercial purposes only.
You may not, and may not permit any third party to:
You may from time to time download and/or print one copy of individual pages of the Site for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices.
Commercial, institutional, and professional use — including any use by or on behalf of a registered investment adviser, broker-dealer, financial planner, fund, or other financial services firm in connection with services provided to clients — requires a separate written license agreement with Company. Contact support@mikedillard.com.
By posting or submitting any material (including without limitation comments, blog entries, social media postings, photos, and videos) to us via the Site, internet groups, social media venues, or to any of our staff by email, text, or otherwise, you represent: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are eighteen (18) years of age or older.
When you submit, email, text, deliver, or post any material, you grant us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium now known or hereafter developed, for any purpose. This grant includes the right to exploit any proprietary rights in such posting or submission, including rights under copyright, trademark, service mark, or patent laws under any relevant jurisdiction. In connection with the exercise of such rights, you grant us and anyone authorized by us the right to identify you as the author of any of your postings or submissions by name, email address, or screen name, as we deem appropriate.
You acknowledge and agree that any contributions originally created by you for us shall be deemed a “work made for hire” when the work performed falls within the definition of a work made for hire in Section 101 of the United States Copyright Act, as amended. As such, the copyrights in those works shall belong to Company from their creation, and Company shall be deemed the author and exclusive owner thereof with the right to exploit any or all of the results and proceeds in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, in all languages, as Company determines. In the event that any of the results and proceeds of your submissions are not deemed a “work made for hire,” you hereby, without additional compensation, irrevocably assign, convey, and transfer to Company all proprietary rights, including without limitation all copyrights and trademarks throughout the universe, in perpetuity, in every medium whether now known or hereafter devised, to such material and any and all right, title, and interest in and to all such proprietary rights. Any posted material that is a reproduction of a prior work by you shall be co-owned by us.
You acknowledge that Company has the right but not the obligation to use and display any postings or contributions of any kind, and that Company may elect to cease the use and display of any such materials (or any portion thereof) at any time for any reason whatsoever.
You may establish a hypertext link to the Site so long as the link does not state or imply any sponsorship of your site by us or by the Site. However, you may not, without our prior written permission, frame or inline link any of the content of the Site, or incorporate into another website or other service any of our material, content, or intellectual property.
Company offers:
All information provided through the Services — including without limitation Scores, quadrant classifications, CLEAR Criteria screening results, indicator signals, Portfolio Updates, narrative commentary, newsletters, and live-call discussion — is provided for educational and informational purposes only and does not constitute personalized investment, financial, tax, accounting, or legal advice.
The Services are impersonal in nature. They are made available to all subscribers on identical terms and are not tailored to any individual’s financial situation, investment objectives, risk tolerance, tax position, time horizon, liquidity needs, or existing holdings, and do not take any such factors into account.
Company is not a registered investment adviser, broker-dealer, or financial planner, and does not act in a fiduciary capacity toward you. No advisory, fiduciary, or professional relationship of any kind is created by your use of the Services, by your purchase of any subscription, or by any communication between you and Company.
You alone are responsible for evaluating the merits and risks of any information, Score, signal, or screening result before making any investment decision, and you alone bear responsibility for your investment decisions and their outcomes. You should consult a licensed financial professional who is aware of your individual circumstances before making any investment decision.
The CLEAR Criteria returns one of two results for a given security: MEETS THE CLEAR CRITERIA or DOES NOT MEET THE CLEAR CRITERIA.
You expressly acknowledge and agree that:
What no screen can measure: the moat, the leadership, the story. That’s your homework.
The FQS and the FES are descriptive measurements, not forecasts, and not ratings of investment merit or suitability.
The Fundamental Quality Score (FQS) measures selected historical and current financial characteristics of a company as reported in its most recent available filings. It is not a prediction of future performance, price, or return. It does not evaluate management, competitive position, industry conditions, litigation, regulation, or any qualitative factor.
The Future Expectations Score (FES) measures assumptions that are mathematically implied by a company’s current market price under a fixed set of modeling constants selected by Company. A high FES is not favorable and a low FES is not unfavorable. The FES and its bands are descriptive only and convey no view as to the merit, attractiveness, or risk of any security.
Statements of the form “the market is assuming free cash flow grows approximately X% per year” describe an arithmetic output of a model run under fixed, Company-selected assumptions. Such statements are not Company’s forecast, estimate, projection, expectation, or opinion regarding any company’s future performance, and must not be relied upon as such. Different assumptions would produce different outputs.
The quadrant classification is a descriptive label derived from the two Scores. It is not a recommendation, ranking, grade, or rating of investment merit.
Narrative commentary generated alongside the Scores — including any description of the investment case or growth story that a market may be pricing into a security — describes the story the market appears to be pricing. It is not Company’s view, forecast, endorsement, or recommendation.
All Scores and screening results are calculated from financial data supplied by one or more third-party data providers, including Financial Modeling Prep. Company does not independently audit, verify, or guarantee the accuracy, completeness, or timeliness of this data.
Third-party data may be inaccurate, incomplete, delayed, mis-mapped, subsequently restated, or unavailable. Errors or omissions in source data will produce erroneous Scores, classifications, and screening results. Company disclaims all liability for any such error or omission and makes no warranty of any kind as to the accuracy, completeness, timeliness, or fitness for any purpose of any data underlying the Services.
Where a required data input is unavailable, the affected metric is marked unavailable and excluded from calculation. Results generated with incomplete inputs are identified as low-confidence. You should treat low-confidence results accordingly and should not rely on them.
Price and market-capitalization inputs used by the Platform reflect the previous official closing price, not live, streaming, or intraday market data.
Scores do not update intraday and may not reflect current market conditions, price movements, news, earnings announcements, corporate actions, or other developments occurring after the last official close.
The Services must not be used as a source of real-time market data or for time-sensitive trading decisions.
The Platform is designed so that a given security, on a given date, under a given method version, produces a consistent and reproducible result.
Reproducibility is a property of the calculation. It is not a warranty of accuracy. A result that is reproducible is not thereby correct, reliable, predictive, complete, or suitable for your purposes. Consistency of output implies nothing whatsoever about the merit, risk, or prospects of any security.
Company reserves the sole and absolute right, at any time and without notice, to revise, recalibrate, add to, remove, suspend, or discontinue any scoring methodology, metric, weighting, threshold, constant, criterion, band, classification, or feature of the Services. Results generated under one method version may differ materially from results generated for the same security under a different method version, including where the underlying financial data has not changed.
Company has no obligation to maintain any methodology, to preserve or make available historical results, or to notify you of any change.
The CLEAR Indicator relies on historical data and statistical models that can generate false signals, produce conflicting signals, or cease to perform under certain market conditions. Past performance is not indicative of future results. Use of the Indicator or the Platform could result in partial or total loss of capital.
4.9.1 Nature and Purpose. From time to time, Company may publish written posts, emails, videos, or live-call commentary describing positions held, acquired, or disposed of in the personal portfolio of Michael N. Dillard or of Company (collectively, “Portfolio Updates”), together with general market commentary (“Market Commentary”).
Portfolio Updates and Market Commentary are personal diary entries published for educational and entertainment purposes only. They are a record of what one individual chose to do with his own money, published at his sole discretion, for the purpose of illustrating ideas and thought processes. They are not a service, not a signal, not a subscription deliverable, and not something you are entitled to receive.
4.9.2 Not Trade Alerts. Portfolio Updates are not trade alerts, trade signals, or real-time notifications. They may be published hours, days, weeks, months, or years after the transaction described, or not at all. Any position described may have been increased, reduced, closed, hedged, or reversed before you read about it. You must not treat any Portfolio Update as an indication that any action is timely, advisable, or appropriate for you.
4.9.3 Not Recommendations; Not to Be Followed or Duplicated. No Portfolio Update or Market Commentary is a recommendation, solicitation, endorsement, or offer to buy, sell, or hold any security, cryptocurrency, or other asset. The fact that Company or Michael N. Dillard holds, has acquired, or has disposed of any position is not a recommendation that you do the same.
Portfolio Updates are not intended to be followed or duplicated. Your financial circumstances, tax position, risk tolerance, time horizon, capital base, and objectives differ from his in ways that are unknown to Company and that Company does not and cannot evaluate.
4.9.4 Absolute Discretion Over Disclosure; No Duty to Publish. You expressly acknowledge and agree that Company and Michael N. Dillard retain sole, absolute, and unreviewable discretion over whether, when, whether in whole or in part, and in what manner to disclose any transaction, position, or investment.
Without limitation:
COMPANY SHALL HAVE NO LIABILITY WHATSOEVER ARISING FROM ANY DECISION TO PUBLISH, NOT PUBLISH, DELAY, MODIFY, CORRECT, OR REMOVE ANY PORTFOLIO UPDATE OR MARKET COMMENTARY, OR FROM THE OMISSION OF ANY TRANSACTION, POSITION, OR INVESTMENT FROM ANY DISCLOSURE.
4.9.5 No Representation of Completeness. The published portfolio is not the portfolio. Company makes no representation, warranty, or covenant that Portfolio Updates are or will be complete, accurate, timely, current, consistent, or reflective of every transaction, position, or investment. Portfolio Updates are inherently partial and selective. Any inference you draw from the absence of a Portfolio Update is your own, is unsupported, and is made at your sole risk.
4.9.6 No Track Record; No Performance Claim. Company does not offer, publish, maintain, verify, audit, or promise any track record, performance history, return figure, win rate, or proof of performance with respect to Portfolio Updates, Market Commentary, or the personal portfolio of Michael N. Dillard. No such figure is claimed, implied, or available. Any performance figure you calculate or infer from published Portfolio Updates is your own construction, is necessarily incomplete, and is not endorsed, verified, or adopted by Company.
4.9.7 Not a Licensed Professional. Michael N. Dillard is not a licensed or registered financial professional. He is not a registered investment adviser, investment adviser representative, broker, registered representative, financial planner, accountant, or attorney. He holds no securities license or professional financial credential of any kind. He is an individual sharing his own experience.
4.9.8 Your Acknowledgment. By accessing any Portfolio Update or Market Commentary, you acknowledge and agree that: (i) you are receiving one person’s personal diary entries, not advice; (ii) you will conduct your own research and consult your own licensed professionals before making any investment decision; (iii) you will not rely on any Portfolio Update in making any investment decision; and (iv) you assume all risk of any decision you make.
4.9.9 Stated Disclosure Policy. So that subscribers understand in advance what is and is not published, Company states the following standing policy. This policy is disclosed in advance and applies at all times.
(a) Transactions Made for Reasons Unrelated to Any View of the Asset.
Company and Michael N. Dillard routinely buy and sell assets for reasons that have nothing to do with any view, opinion, or expectation regarding those assets, including:
Transactions of this kind are routinely not disclosed. They carry no view, opinion, signal, or expectation regarding the asset transacted, and no inference of any kind should be drawn from them or from the absence of disclosure regarding them.
A sale is not a negative view. A purchase is not a positive view. The presence or absence of any position at any time reflects a mix of personal financial, tax, liquidity, timing, and planning considerations that are private to Company and that Company will not explain.
(b) Positions That Are Never Disclosed.
Company and Michael N. Dillard hold, and will continue to hold, positions and investments that are never disclosed publicly at any time, including without limitation:
No representation is made that any published Portfolio Update reflects any material portion of total holdings.
© Partial and Incremental Transactions.
Positions may be increased or reduced incrementally over time without disclosure of any individual transaction. A previously disclosed position may have been materially reduced, substantially closed, or entirely exited without any corresponding Portfolio Update.
(d) No Obligation Created by This Policy.
This policy is descriptive, not a commitment. It creates no obligation of any kind, and Company may deviate from it, modify it, or discontinue it at any time without notice. Nothing in this policy limits Company’s absolute discretion under Section 4.9.4.
The CLEAR Stock Analysis Platform evaluates individual operating companies only. It does not evaluate funds, exchange-traded funds, trusts, or similar vehicles, and requests for such securities will be rejected.
Certain sectors — including banks and insurers — cannot be fully evaluated by the Platform’s methodology and will always produce low-confidence results.
Coverage depends on third-party data availability and may change or be withdrawn at any time without notice.
By using the Services, you acknowledge that securities and cryptocurrency trading and investing involve significant risk, including the risk of total loss of principal. You agree not to hold Company liable for any investment or trading decision, loss, or damage arising out of or relating to your use of, or reliance upon, the Services.
Throughout the Site, we may provide links and pointers to Internet sites maintained by third parties. Our linking to such third-party sites does not imply an endorsement or sponsorship of such sites, or of the information, products, or services offered on or through those sites. Neither we nor our affiliates operate or control in any respect any information, products, or services that third parties may provide on or through the Site or on websites linked to by us on the Site.
Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors and not of Company. Neither Company nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content. Company neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on the Site by anyone other than an authorized Company representative acting in his or her official capacity.
THE INFORMATION, PRODUCTS, AND SERVICES OFFERED ON OR THROUGH THE SITE, AND BY COMPANY AND ANY THIRD-PARTY SITES, ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE DO NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE, THE SERVICES, OR ANY MATERIALS ON THIS SITE OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, COMPLETENESS, OR OTHERWISE.
You agree at all times to defend, indemnify, and hold harmless Company, its affiliates, their successors, transferees, assignees, and licensees, and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders, and employees, from and against any and all claims, causes of action, damages, liabilities, costs, and expenses, including reasonable legal fees and expenses, arising out of or related to (i) your breach of any obligation, warranty, representation, or covenant set forth in these Terms; (ii) your use or misuse of the Services; or (iii) any investment or trading decision you make.
Certain sections of the Site may allow you to purchase products and services online that are provided by third parties. We are not responsible for the quality, accuracy, timeliness, reliability, or any other aspect of these products and services. If you make a purchase from a merchant on the Site or on a site linked to by the Site, the information obtained during your visit to that merchant’s online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by both the merchant and us. A merchant may have privacy and data collection practices that differ from ours. We have no responsibility or liability for these independent policies. When you purchase products or services on or through the Site, you may be subject to additional terms and conditions that specifically apply to your purchase. You release us and our affiliates from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase or use of any products or services made available by third parties through the Site.
Your participation, correspondence, or business dealings with any third party found on or through our Site, regarding payment and delivery of specific goods and services and any other terms, conditions, representations, or warranties associated with such dealings, are solely between you and such third party. You agree that Company shall not be responsible or liable for any loss, damage, or other matter of any sort incurred as the result of such dealings.
You agree to be financially responsible for all purchases made by you or by someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate purposes only. You agree not to make any purchases for speculative, false, or fraudulent purposes, or for the purpose of anticipating demand for a particular product or service. You agree to purchase goods or services only for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such information.
The Site and the Membership may include features such as bulletin boards, community forums, chat rooms, comment threads, and email services that allow feedback to us and interaction between users. Responsibility for what is posted in these areas lies with each user — you alone are responsible for the material you post or send. We do not control the messages, information, or files that you or others may provide through the Services.
It is a condition of your use of the Services that you do not:
Any user failing to comply with these Terms may be expelled from and refused continued access to the community, forums, or other interactive areas. Company or its designated agents may remove or alter any user-created content at any time for any reason.
Information and content posted within community areas may be provided by Company staff, outside contributors, or users unconnected with Company, some of whom may use anonymous user names. Company expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information, or statement made or displayed in these areas by third parties, nor is Company responsible for any errors or omissions in such postings or for hyperlinks embedded in any message. Under no circumstances will we, our affiliates, suppliers, or agents be liable for any loss or damage caused by your reliance on information obtained through these areas. The opinions expressed are solely those of the participants and do not reflect the opinions of Company or any of its subsidiaries or affiliates.
Company has no obligation to monitor any content or postings in the community, forums, or other interactive areas. However, you acknowledge and agree that we have the absolute right to monitor the same at our sole discretion. We reserve the right to alter, edit, refuse to post, or remove any posting or content, in whole or in part, for any reason, and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process, or governmental request, and to protect ourselves, our clients, sponsors, users, and visitors.
To access certain features of the Services, we may ask you to provide certain information, which may include demographic information. If you elect to sign up for a particular feature, you may also be asked to register on the form provided, and such registration may require you to provide personally identifiable information such as your name and email address. You agree to provide true, accurate, current, and complete information about yourself as prompted. If we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services. Our use of any personally identifiable information you provide is governed by our Privacy Policy.
To use certain features of the Services, you will need a username and password, which you will receive through the registration process. You are responsible for maintaining the confidentiality of your password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.
Account sharing is prohibited. Your account is personal to you and may not be shared with, transferred to, or used by any other person. Company may suspend or terminate any account it reasonably believes is being shared, without refund.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COMPANY AND ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, DATA PROVIDERS, CONTENT PROVIDERS, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, TRADING LOSSES, INVESTMENT LOSSES, LOSS OF CAPITAL, LOSS OF REVENUE OR INCOME, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, PAIN AND SUFFERING, OR EMOTIONAL DISTRESS, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SITE OR THE SERVICES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER THEORY, AND WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL COMPANY’S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SITE OR THE SERVICES EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS ($100.00) OR (B) THE TOTAL AMOUNT YOU PAID TO COMPANY FOR THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
WITHOUT LIMITING THE FOREGOING, COMPANY SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY INVESTMENT OR TRADING DECISION YOU MAKE, OR DECLINE TO MAKE, IN RELIANCE ON THE SERVICES, OR FOR ANY GAIN OR LOSS RESULTING THEREFROM.
UNDER NO CIRCUMSTANCES WILL COMPANY BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON ANY SCORE, SIGNAL, SCREENING RESULT, PORTFOLIO UPDATE, NARRATIVE COMMENTARY, OR OTHER INFORMATION OBTAINED THROUGH THE SERVICES. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ANY INFORMATION, OPINION, OR CONTENT PROVIDED.
Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law.
THE LIMITATIONS IN THIS SECTION ARE A FUNDAMENTAL BASIS OF THE BARGAIN BETWEEN YOU AND COMPANY AND SHALL APPLY EVEN IF ANY LIMITED REMEDY IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
You agree that your order is an offer to buy all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order information.
All prices, discounts, and promotions posted on the Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and may be set out in your order confirmation email. Subject to our right to increase the cost of subscription-based services, price increases will apply only to orders placed after such changes. Posted prices do not include taxes, which will be added to your purchase total where applicable.
We strive to display accurate price information; however, we may on occasion make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
We may from time to time offer promotions that are governed by terms separate from these Terms. If there is a conflict between promotion terms and these Terms, the promotion terms will govern for that promotion.
Terms of payment are within our sole discretion, and payment must be received by us in the manner specified on the Site before our acceptance of an order. If using a credit card, you represent and warrant that (i) the credit card information you supply is true, correct, and complete; (ii) you are duly authorized to use such credit card for the purchase; (iii) charges incurred by you will be honored by your credit card company; and (iv) you will pay charges incurred at the posted prices, including all applicable taxes.
The Site offers subscription services and membership programs (“Subscription Services”). By purchasing a Subscription Service, you agree to pay the subscription fees indicated for that service.
AUTOMATIC RENEWAL. Your initial payment will be charged on the day your Subscription Service goes into effect and covers the period indicated at the time of purchase. THEREAFTER, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AND YOUR PAYMENT METHOD WILL BE CHARGED THE THEN-CURRENT SUBSCRIPTION FEE ON A RECURRING BASIS AT THE INTERVAL SPECIFIED AT THE TIME OF PURCHASE (for example, monthly or annually) UNTIL YOU CANCEL. You acknowledge that the amount of the recurring charge may increase if the applicable subscription fee increases, and that we will provide advance notice of any such increase as required by applicable law.
Where required by applicable law, we will send you a renewal reminder notice in advance of your renewal date.
You may cancel your Subscription Service at any time. To cancel, use any of the following methods:
Cancellation is effective immediately upon submission. No advance notice period is required, and no reason need be given.
Upon cancellation, you will retain access to the Subscription Service through the end of the billing period for which you have already paid, and you will not be charged again.
Subscription fees already paid are non-prorated and non-refundable except as expressly provided in our Refund Policy or as required by applicable law.
If your payment method fails or your account becomes past due, we reserve the right to suspend or terminate your Subscription Service, which will result in cancellation of any promotional programs applicable to it.
You agree to submit any dispute regarding any charge to your account in writing, to support@mikedillard.com, within sixty (60) days after such charge. Charges not disputed within that period will be considered final. We encourage you to contact us before initiating a chargeback with your card issuer; most billing issues can be resolved quickly and directly.
The Site may from time to time offer the sale of tangible products (“goods”). We will arrange for shipment of goods to you; please check the individual product page for delivery options. You will pay all shipping and handling charges specified during the ordering process, which reimburse the costs we incur in processing, handling, packing, shipping, and delivering your order. Title and risk of loss pass to you upon our transfer of the goods to the shipping carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipment.
Unless a return policy for goods is posted on the Site at the time of your purchase, the sale of all goods is final and non-returnable. To the extent a return policy is posted, we will accept returns pursuant to that policy. To return goods, you must email support@mikedillard.com before shipping. No returns will be accepted without first emailing us as specified. You are responsible for all shipping and handling charges on returned goods and bear the risk of loss during shipment. Refunds will be credited to the payment method used for the original purchase. If you can show that a good shipped by us was defective before being given to the carrier, we will accept a return and provide a replacement if available, or refund the purchase price if no replacement is available.
Subject to these Terms and your payment of the applicable one-time fee, we grant you a non-exclusive, non-transferable, revocable license to access and use the CLEAR Indicator on TradingView, the CLEAR Stock Analysis Platform, and the Inner Circle community (“Lifetime Services”) for your personal, non-commercial use, on a “lifetime” basis as defined and limited in this Section.
“Lifetime” access means access for the duration of time that Company continues to offer and support the Lifetime Services in its sole discretion. We intend to provide this access in good faith for as long as it is commercially viable and aligned with our business goals. However, we are not obligated to maintain the Lifetime Services indefinitely or for the remainder of your natural life. Access may end earlier under the circumstances described below or elsewhere in these Terms.
Your access to the CLEAR Indicator is hosted on and dependent upon the TradingView platform. We will provide access as long as TradingView exists, permits us to create and distribute private custom indicators, and we maintain our relationship with TradingView. If TradingView ceases operations, changes its policies to prohibit such indicators, terminates our account, or otherwise makes it impossible or impractical for us to provide access (whether for technical, legal, or financial reasons), your access to the CLEAR Indicator will end without liability to us. We will make reasonable efforts to notify you in advance where possible, but no refunds or compensation will be provided.
Similarly, the CLEAR Stock Analysis Platform depends on third-party data providers, hosting providers, and other service providers. If any such provider ceases operations, changes its terms, materially increases its pricing, or otherwise makes it impossible or impractical for us to continue offering the Platform, access to the Platform may be modified, suspended, or discontinued without liability to us and without refund.
Access to the Inner Circle community is provided at the discretion of Mike Dillard and Company. We will maintain the Inner Circle as long as Mike Dillard is actively involved in its operation and chooses to continue providing it. This does not create an obligation for perpetual service, and access may be discontinued if Mike Dillard is no longer able or willing to participate (for example, due to health, retirement, or other personal reasons), or if Company determines it is no longer feasible to operate the community (for example, due to low engagement, rising costs, or regulatory changes). In the event of discontinuation, we will provide at least thirty (30) days’ notice by email or through the community platform, but no refunds or alternative compensation will be owed.
If Company is sold, merged, acquired, or undergoes any change in control, the new owners or successors may, at their discretion, modify, limit, or terminate Lifetime Access without liability. This includes converting lifetime plans to subscription-based models, restricting features, or ending the Lifetime Services entirely. We will endeavor to provide notice of such changes, but your continued use after any change constitutes acceptance.
Your Lifetime Access may be suspended or terminated without refund or liability if:
All Lifetime Access purchases are final and non-refundable, except as required by applicable law. Lifetime Access is personal to you and may not be transferred, assigned, or resold to any third party without our prior written consent.
The Limitation of Liability provisions in Section 9 apply in full to Lifetime Access. Our total liability related to Lifetime Access shall not exceed the amount you paid for it.
We may cancel or terminate your right to use the Site or any part of the Services at any time, with or without cause and with or without notice. In the event of cancellation or termination, you are no longer authorized to access the affected part of the Site or Services.
The restrictions imposed on you with respect to material downloaded from the Site, and the disclaimers, indemnification obligations, limitations of liability, dispute resolution provisions, and class action waiver set forth in these Terms, shall survive any termination.
We take claims of copyright infringement seriously and will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any material accessible on or from the Site infringes your copyright, you may request removal of that material (or access to it) by submitting written notification to our Copyright Agent designated below.
In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include: (a) your physical or electronic signature; (b) identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works, a representative list of such works; © identification of the material you believe to be infringing, in a sufficiently precise manner to allow us to locate that material; (d) adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address); (e) a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law; (f) a statement that the information in the written notice is accurate; and (g) a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
If you fail to comply with all of the requirements of Section 512©(3) of the DMCA, your DMCA Notice may not be effective. If you knowingly materially misrepresent that material or activity on the Site is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
If you believe that material you posted on the Site was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification (a “Counter-Notice”) by submitting written notification to our Copyright Agent. Pursuant to the DMCA, the Counter-Notice must include: (a) your physical or electronic signature; (b) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access was disabled; © adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address); (d) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and (e) a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or, if you reside outside the United States, any judicial district in which the Site may be found) and that you will accept service from the person (or an agent of that person) who provided the original DMCA Notice.
The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving a copy of your Counter-Notice. If you knowingly materially misrepresent that material or activity was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
Our designated Copyright Agent to receive DMCA Notices and Counter-Notices is:
Michael Dillard 3736 Bee Cave Road, #1-162 Westlake Hills, Texas 78746 support@MikeDillard.com
It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
These Terms shall be binding upon and inure to the benefit of Company and its respective assigns, successors, heirs, and legal representatives. Neither these Terms nor any rights hereunder may be assigned by you without the prior written consent of Company. All rights and obligations under these Terms may be freely assigned by Company to any affiliated entity, any of its subsidiaries, or any successor in interest in connection with a merger, acquisition, reorganization, or sale of all or substantially all of its assets.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.
These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict-of-laws principles.
Any dispute, claim, or controversy arising out of or relating to these Terms, the Site, or the Services shall be resolved by binding arbitration conducted in Hays County, Texas, rather than in court, except that you may assert claims in small claims court if your claims qualify.
If any provision of this Section is found to be unlawful, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provision.
You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of class or representative proceeding or claims (such as a class action, consolidated action, or private attorney general action) unless all relevant parties specifically agree to do so following initiation of the arbitration.
If any clause within these Terms (other than the Class Action Waiver clause in Section 16) is found to be illegal or unenforceable, that clause will be severed from these Terms, and the remainder of these Terms will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, the dispute will be decided by a court.
These Terms, together with the Privacy Policy, the Earnings Disclaimer, the Refund Policy, and any additional terms applicable to specific products or services, constitute the entire agreement between you and Company regarding the Site and the Services, and supersede all prior or contemporaneous understandings, communications, and agreements, whether written or oral.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision.
Questions about these Terms should be directed to:
Mike Dillard Media, LLC 3736 Bee Cave Road, #1-162 Westlake Hills, Texas 78746 support@mikedillard.com
