Terms of Service

By creating an account, subscribing, or otherwise using Top 100 Swing Trader™ (the "Service"), operated by Benjamin Sley, a sole proprietorship doing business as Top 100 Swing Trader ("TOP 100 SWING TRADER," "we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree, do not use the Service.

The Service is a fundamentals-and-technicals stock screener for the S&P 500, providing deterministic scoring, optional AI-generated commentary ("AI Analysis"), and an optional AI-driven comparative feature ("AI Bracket"). The Service is provided for educational and informational purposes only and does not constitute investment advice. See Section 5.

Subscriptions are billed monthly through Stripe. New subscriptions include a 15-day free trial; a valid payment method is required at signup, and billing begins automatically when the trial ends unless you cancel first. Subscriptions renew automatically each month until cancelled. You may cancel at any time through the in-app Billing Portal. If you cancel, your subscription will not renew, but you will retain access to the Service through the end of the billing period you have already paid for. All fees are non-refundable, including partial-month fees, except where required by applicable law. We do not prorate refunds for early cancellation.

Subject to your compliance with these Terms, TOP 100 SWING TRADER grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service and its output (including charts, scores, rankings, AI Analysis, and AI Bracket output) for your own personal, non-commercial use only. You may not, without TOP 100 SWING TRADER's prior written permission: • copy, distribute, publish, sell, sublicense, or create derivative works from any output of the Service; • systematically scrape, extract, or reproduce Service output for the purpose of building, training, fine-tuning, or evaluating any artificial intelligence or machine learning model, dataset, or competing product or service; • use automated means (bots, scripts, scrapers) to access the Service at a volume or frequency beyond normal individual use; or • resell, redistribute, or provide access to the Service or its output to any third party, whether for compensation or not.

TOP 100 SWING TRADER is a data analytics and screening tool. We are not a registered investment advisor, broker-dealer, or financial planner, and nothing in the Service — including deterministic scores, rankings, AI Analysis, AI Bracket output, charts, or any other content — constitutes investment, financial, legal, or tax advice, or a recommendation or solicitation to buy or sell any security. You acknowledge and agree that: • all output is generated from historical and end-of-day data and mathematical models that may contain errors, and may rely on third-party data that is delayed, incomplete, or inaccurate; • AI Analysis and AI Bracket output are generated by large language models, which can produce incorrect, incomplete, or logically inconsistent statements ("hallucinations") and are not fact-checked or reviewed by TOP 100 SWING TRADER before display; • short-term/swing trading involves a high degree of risk, including the risk of loss of your entire investment, and is not suitable for all investors; • past performance of any score, ranking, methodology, or AI-selected stock is not indicative of future results; • you are solely responsible for your own trading and investment decisions, for conducting your own due diligence, and for consulting a licensed financial advisor before acting on any information from the Service; and • TOP 100 SWING TRADER has no liability for any trading losses, missed gains, or other financial harm arising from your use of, or reliance on, the Service. BY USING THE SERVICE, YOU REPRESENT THAT YOU ARE A SOPHISTICATED USER CAPABLE OF EVALUATING THE MERITS AND RISKS OF ANY TRADING DECISION AND THAT YOU ARE NOT RELYING ON TOP 100 SWING TRADER AS YOUR PRIMARY OR SOLE SOURCE OF INVESTMENT INFORMATION.

TOP 100 SWING TRADER is not affiliated with, sponsored by, endorsed by, or associated with Warren Buffett, Berkshire Hathaway Inc., or any of their subsidiaries. Data is provided via Yahoo Finance; charts via Chart.js. All underlying investment methodologies referenced are used purely for descriptive, educational purposes. Any testimonial, quote, or statement from a third party displayed on the Service or our website (including the statement from Judge Paul R. Michel (Ret.)) is presented together with, and subject to, the disclaimer accompanying that statement at the point of display. No such statement should be construed as an endorsement of TOP 100 SWING TRADER, its methodology, or its performance unless the accompanying disclaimer expressly says so.

THE SERVICE AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, OR UNINTERRUPTED AVAILABILITY. WE DO NOT WARRANT THAT DATA FROM YAHOO FINANCE OR ANY OTHER THIRD-PARTY SOURCE, OR OUTPUT FROM ANY AI MODEL, IS ACCURATE, COMPLETE, RELIABLE, OR TIMELY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL TOP 100 SWING TRADER OR ITS OWNER, EMPLOYEES, OR CONTRACTORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR TRADING LOSSES, ARISING FROM YOUR USE OF THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL TOP 100 SWING TRADER'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THE SERVICE EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TOP 100 SWING TRADER IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100). Some jurisdictions do not allow the limitation or exclusion of liability for certain damages, so some of the above limitations may not apply to you.

You agree to indemnify, defend, and hold harmless TOP 100 SWING TRADER and its owner from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with: (a) your access to or use of the Service; (b) your trading or investment decisions; (c) your breach of these Terms; or (d) your violation of any law or the rights of any third party.

You represent and warrant that you are at least 18 years old, are legally permitted to trade securities in your jurisdiction, and are accessing and using the Service in compliance with all laws applicable to you.

The Service is intended primarily for users located in the United States. We make no representation that the Service is appropriate, legal, or available for use in any particular jurisdiction outside the United States. If you access the Service from outside the United States, you do so on your own initiative and are solely responsible for compliance with local laws, including any local consumer-protection, securities, or data-protection laws that may apply to you. Nothing in this Section limits any mandatory protections you may be entitled to under the law of your country of residence that cannot be waived by agreement.

These Terms and any dispute arising out of or relating to them or the Service shall be governed by the laws of the State of Texas, without regard to its conflict-of-laws provisions. Nothing in this Section 12 is intended to override Section 13 (Arbitration Agreement) as to disputes subject to arbitration.

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. a) Agreement to Arbitrate. Except as set forth in subsection (c) below, you and TOP 100 SWING TRADER agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") or, at TOP 100 SWING TRADER's election, JAMS, under its applicable consumer or commercial arbitration rules then in effect. The seat of arbitration shall be Harris County, Texas. The arbitrator, not any court, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this arbitration agreement. b) Class Action Waiver. You and TOP 100 SWING TRADER agree that any arbitration or proceeding shall be conducted in each party's individual capacity only and not as a class action or other representative action, and each party expressly waives any right to file or participate in a class, collective, or representative action. c) Small Claims / Justice Court Carve-Out. Either party may instead bring an individual claim in the Justice of the Peace Court for the applicable precinct in Harris County, Texas, provided the claim falls within that court's jurisdictional limit (currently claims up to $20,000). This carve-out does not permit class, collective, or representative claims. d) Opt-Out. You may opt out of this arbitration agreement by sending written notice to support@top100swingtrader.com within 30 days of first accepting these Terms, stating your name, account email, and a clear statement that you wish to opt out of arbitration. If you opt out, disputes will instead be resolved exclusively in the state and federal courts located in Harris County, Texas, as set forth in Section 12. e) Severability of This Section. If any part of this Section 13 is found unenforceable, the remainder shall remain in effect, except that if the Class Action Waiver in subsection (b) is found unenforceable as to a particular claim, that claim (and only that claim) shall proceed in court rather than arbitration, and the remainder of this Section 13 shall continue to apply to all other claims.

We may suspend or terminate your access to the Service, with or without notice, for violation of these Terms, including unauthorized use or redistribution of licensed materials as described in Section 4, or for any conduct we reasonably believe is harmful to TOP 100 SWING TRADER, other users, or third parties. You may terminate your account at any time as described in Section 3.

We may update these Terms from time to time. If we make material changes, we will provide notice (such as by posting an updated version on the Service with a new "Last updated" date, or by email). Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

If any provision of these Terms (other than as addressed in Section 13(e)) is found unenforceable, the remaining provisions will remain in full force and effect. These Terms, together with the Privacy Policy, constitute the entire agreement between you and TOP 100 SWING TRADER regarding the Service and supersede any prior agreements.

Questions about these Terms can be sent to support@top100swingtrader.com.