Contents
- Who we are and what this covers
- What Winning Ways FX is — and is not
- Eligibility
- Accounts and passwords
- Membership tiers and payment
- Cancellation and refunds
- Acceptable use
- Intellectual property
- Risk disclosure and no guarantee of results
- No fiduciary or advisory relationship
- Third-party services
- Disclaimer of warranties
- Limitation of liability
- Indemnification
- Governing law and disputes
- Changes to these terms
- Contact
1. Who we are and what this covers
These Terms of Service (the "Terms") are an agreement between you and Winning Ways LLC, a Michigan limited liability company ("Winning Ways FX," "we," "us," or "our"), governing your use of winningwaysfx.com, our member library, the Pro Academy, and any related content or communications (together, the "Service").
By creating an account, submitting your email, paying for a membership, or using any part of the Service, you agree to these Terms. If you do not agree, do not use the Service.
2. What Winning Ways FX is — and is not
We sell educational content and community access. Nothing else. Read this section carefully, because it defines the entire relationship.
Winning Ways FX is not:
- a broker, dealer, futures commission merchant, retail foreign exchange dealer, introducing broker, or commodity trading advisor;
- registered with the U.S. Commodity Futures Trading Commission (CFTC), the National Futures Association (NFA), the Securities and Exchange Commission (SEC), or any state securities regulator;
- an investment adviser, financial planner, or fiduciary of any kind;
- a money transmitter, custodian, or manager of anyone's funds.
We never accept deposits for trading, hold your money, place trades on your behalf, manage an account for you, or receive any compensation tied to your trading activity or results. You open your own account with a regulated broker of your own choosing, and every trading decision you make is yours alone.
Any chart, price, setup, entry, stop, target, session walkthrough, or figure shown anywhere in the Service is a teaching illustration, not a recommendation, signal, or solicitation to enter any transaction.
3. Eligibility
You must be at least 18 years old and legally able to enter into a contract. By using the Service you represent that you meet those requirements, that the information you give us is accurate, and that your use of the Service is lawful where you live. The Service is intended for users in the United States; we make no representation that it is appropriate or available elsewhere.
4. Accounts and passwords
Paid members receive an individual password. That password is for you alone.
- Do not share your password, your account, or member-only material with anyone.
- You are responsible for everything done through your account.
- Tell us promptly at winningwaystrading@gmail.com if you believe your password has been shared or compromised.
- We may suspend or terminate access for password sharing or other misuse.
5. Membership tiers and payment
We currently offer:
- Starter — free. Email signup only.
- Pro Trader — $97 per month.
- Mentorship — $297 per month.
Paid memberships are billed by Zelle transfer, verified manually. There is no automatic billing, no stored card, and no automatic renewal. Each month you choose whether to send payment again. Access continues through the period you paid for and ends if a new payment is not received.
Because there is no automatic renewal, nothing here creates an automatic renewal contract under Fla. Stat. § 501.165 or comparable Michigan law. We will not enroll you in recurring charges without your affirmative action each cycle.
About Zelle: Zelle transfers are generally immediate and irreversible. Confirm the recipient before sending. We are not responsible for funds sent to an incorrect recipient. We do not control Zelle and are not affiliated with it or with your bank.
Prices are in U.S. dollars. We may change prices prospectively; a change never affects a period you have already paid for.
6. Cancellation and refunds
Because billing is manual, you cancel simply by not sending the next payment. You may also email us to close your account at any time. There is no cancellation fee and no contract term.
Refund policy
You may request a full refund within 7 days of a payment, provided you have not accessed member content during that period.
"Accessed member content" means logging in to the member area or the Pro Academy, opening any lesson, or viewing, downloading, or recording any member-only material. Simply creating an account or receiving your password does not count as access.
- Email winningwaystrading@gmail.com within 7 days of your payment to request a refund.
- Approved refunds are returned by Zelle to the account the payment came from, normally within 5 business days.
- After 7 days, or once member content has been accessed, payments are non-refundable for that period. Your access continues through the period you paid for.
- The free Starter tier involves no payment, so nothing is refundable there.
We apply this policy as written and consistently for every member. If you believe it has been applied incorrectly in your case, email us and we will review it.
7. Acceptable use
You agree not to:
- copy, record, screenshot for distribution, republish, resell, or share member content, including lesson text, narration, charts, and the Academy player;
- share your password or let anyone else use your account;
- scrape, crawl, or use automated tools against the Service;
- attempt to bypass, disable, or probe any access control;
- represent yourself as affiliated with, endorsed by, or speaking for Winning Ways FX without our written permission;
- use anything you learn here to give personalized investment advice to others for compensation unless you are properly licensed to do so;
- harass other members or our staff, or post unlawful content in any community space we operate.
We may suspend or terminate access, without refund, for a material breach of this section.
8. Intellectual property
All content in the Service — lessons, narration scripts, written material, charts, illustrations, the Academy software, the Winning Ways FX name, crest, and branding — is owned by Winning Ways FX or its licensors and is protected by copyright, trademark, and other laws.
Your membership grants you a limited, personal, non-exclusive, non-transferable, revocable license to view the content for your own education while your membership is active. It grants you no ownership and no right to reproduce or distribute anything.
Some free lessons are hosted on YouTube and remain subject to YouTube's terms.
9. Risk disclosure and no guarantee of results
Trading foreign exchange on margin carries a high level of risk and is not suitable for every investor. Leverage works against you as easily as for you. You can lose some or all of your money, and in some circumstances more than your initial deposit. Never trade with money you cannot afford to lose.
We make no promise, guarantee, or representation that you will make money, avoid losses, or achieve any particular result. Past performance of any strategy, illustration, or example is not indicative of future results. Any figure shown in our materials is hypothetical and for instruction only.
Hypothetical performance has inherent limitations. Unlike an actual record, it does not represent real trading and cannot fully account for the effect of financial risk or the discipline required to follow a plan under real market conditions. No representation is made that any account will or is likely to achieve results similar to those shown.
Member comments or testimonials reflect the individual experience of the person who gave them, are not verified as typical, and are not a promise of results.
10. No fiduciary or advisory relationship
Nothing in the Service creates a fiduciary, advisory, brokerage, agency, or partnership relationship between you and Winning Ways FX. Our content is general education, not personalized advice, and it does not account for your financial situation, objectives, or risk tolerance. Consult a licensed financial professional, accountant, or attorney before acting on anything you learn here.
11. Third-party services
The Service relies on third parties including Google (Sheets and Apps Script), YouTube, Cloudflare (bot protection), Zelle and your bank, and our web host. We do not control these services and are not responsible for their acts, omissions, availability, or terms. Your use of them is governed by their own agreements.
12. Disclaimer of warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. We do not warrant that the Service will be uninterrupted, timely, secure, or error-free, or that any content is accurate or complete.
Some jurisdictions do not allow the exclusion of certain warranties, so parts of this section may not apply to you.
13. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, WINNING WAYS LLC, ITS MEMBERS, MANAGERS, EMPLOYEES, AND CONTRACTORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY TRADING LOSSES, LOST PROFITS, LOST DATA, OR LOSS OF GOODWILL, ARISING OUT OF OR RELATING TO THE SERVICE, WHETHER BASED IN CONTRACT, TORT, STATUTE, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE THREE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).
Your trading losses are your own. We are not liable for any trading decision you make or any loss you sustain in any market.
Nothing in these Terms limits liability that cannot be limited by law, including liability for fraud, intentional misconduct, or gross negligence. Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you.
14. Indemnification
You agree to indemnify and hold harmless Winning Ways LLC and its members, managers, employees, and contractors from any claim, demand, loss, liability, or expense (including reasonable attorneys' fees) arising out of your use of the Service, your breach of these Terms, your violation of any law, or your infringement of any third party's rights.
15. Governing law and disputes
These Terms are governed by the laws of the State of Michigan, without regard to its conflict-of-laws rules, as Winning Ways LLC is organized under Michigan law.
If you reside in a different state, the consumer protection law of your state may still apply to you where it provides greater protection than Michigan law, and that protection is not waived by this section. Nothing here waives rights you may have under the Michigan Consumer Protection Act (Mich. Comp. Laws § 445.901 et seq.), the Michigan Preservation of Personal Privacy Act (Mich. Comp. Laws § 445.1711 et seq.), the Florida Deceptive and Unfair Trade Practices Act (Fla. Stat. § 501.201 et seq.), or any other consumer statute that cannot be waived by agreement.
15.1 Informal resolution first
Before starting arbitration, you agree to email us at winningwaystrading@gmail.com with a short written description of the dispute, what you want, and your contact information. We will do the same if we have a dispute with you. Both sides agree to try in good faith to resolve it informally for 30 days from that notice. Only after those 30 days may either side begin arbitration. This step is required, and it often resolves matters faster than any formal process would.
15.2 Binding arbitration
Please read this section carefully. It affects how disputes are resolved and limits the ways you can seek relief.
Except for the exclusions in Section 15.4, any dispute, claim, or controversy arising out of or relating to these Terms, the Service, or your membership will be resolved by binding individual arbitration, and not in court.
- Arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, available at adr.org.
- The arbitration will be held in Oakland County, Michigan, or — at your election — by telephone, video, or on written submissions only, so that you are not required to travel.
- The arbitrator, not a court, decides questions about the interpretation and enforceability of this section, except as stated in Section 15.3.
- The arbitrator may award any relief a court could award to you individually, including statutory damages available under Michigan or other applicable consumer law. The arbitrator's decision is final and may be entered as a judgment in any court with jurisdiction.
- Under the AAA Consumer Rules, we pay the substantial majority of arbitration fees for claims below the threshold those rules set. You are responsible only for the consumer filing fee, and we will pay that for you if you state in your notice that paying it would be a hardship.
- Each side pays its own attorneys' fees unless a statute or the arbitrator's award provides otherwise.
This section is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq.
15.3 Class action waiver
You and Winning Ways LLC each agree to bring claims only in an individual capacity, and not as a plaintiff or class member in any purported class, consolidated, collective, or representative proceeding. The arbitrator may not consolidate more than one person's claims and may not preside over any form of class or representative proceeding.
If a court decides this class action waiver is unenforceable as to a particular claim or request for relief, then that claim or request — and only that one — will be severed from arbitration and brought in the courts identified in Section 15.5. The rest of this Section 15 remains in force.
15.4 What is not covered
Nothing in this section prevents either of us from:
- bringing an individual claim in small claims court, if it qualifies;
- seeking injunctive relief in court to stop unauthorized use, copying, or distribution of our content, or infringement of intellectual property;
- reporting conduct to, or seeking relief through, any federal, state, or local government agency, including the Michigan Attorney General, the Federal Trade Commission, or the CFTC. You may do this regardless of anything in these Terms, and we will not treat it as a breach.
15.5 Your right to opt out of arbitration
If you opt out, or if Section 15.2 is found unenforceable, disputes will be resolved exclusively in the state or federal courts located in Oakland County, Michigan, and both sides consent to personal jurisdiction and venue there.
16. Changes to these terms
We may update these Terms. If a change is material, we will post the revised version with a new "Last updated" date and, where we have your email, notify you at least 14 days before it takes effect. Continued use after the effective date means you accept the change. If you do not accept it, stop using the Service and tell us to close your account.
17. Contact
Winning Ways FX
Winning Ways LLC
Email: winningwaystrading@gmail.com