These Terms of Service ("Terms") govern your access to and use of the website, products, and services provided by The Kevin Estate LLC ("The Kevin Estate," "we," "us," or "our"). By accessing our website or enrolling in any program, you agree to these Terms.
1. Eligibility
You must be at least 18 years old and legally capable of entering into contracts to use our services. By enrolling, you represent that you meet these requirements.
2. Nature of Services
[BRAND] provides educational content and training related to day trading futures contracts, including instruction on navigating third-party prop firm evaluation programs. We are not registered as a Commodity Trading Advisor, Commodity Pool Operator, Introducing Broker, Futures Commission Merchant, Registered Investment Advisor, or broker-dealer. We are not a prop firm, not affiliated with any prop firm, and do not provide trading capital, funded accounts, or managed accounts. We do not provide individualized trading advice or recommend specific trades. All content is for educational purposes only.
2(a). Service Delivery Partnership
The Kevin Estate delivers educational services through a written services agreement with Elysium Traders, an independent education company. The Kevin Estate is your merchant of record and is responsible for billing, enrollment, and the overall customer relationship. Elysium Traders is responsible for curriculum delivery, live instruction, and coaching. Both companies are bound by this partnership to deliver the program you purchased. By enrolling, you acknowledge and consent to this delivery structure, which is further described in our Partnership Disclosure.
3. Enrollment and Payment
By enrolling in a program, you agree to the price, payment schedule, and refund terms specified in your enrollment agreement. All prices are stated in U.S. dollars. You authorize The Kevin Estate to charge the payment method you provide on the schedule agreed. Failed payments may result in suspension of access until resolved. Your card statement will reflect a descriptor that identifies The Kevin Estate.
4. Intellectual Property
All curriculum, videos, documents, and materials (including those delivered through Elysium Traders's platform) are the exclusive property of their respective owners and are protected by copyright law. You receive a limited, non-transferable license to access materials for personal educational use only. You may not record, redistribute, resell, or share access with any third party. Violation results in immediate termination without refund and may result in legal action.
5. User Conduct
You agree not to: (a) share login credentials; (b) redistribute our content; (c) harass or threaten instructors, staff, or other students; (d) use our services for unlawful purposes. Violations may result in termination.
6. No Guarantees; Risk of Loss
Trading involves substantial risk of loss. The Kevin Estate makes no representations or guarantees about trading results, income, evaluation outcomes, or financial outcomes. Past performance of any instructor or student is not indicative of future results. You accept full responsibility for all trading decisions you make.
7. Disclaimer of Warranties
Services are provided "as is" without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, or non-infringement.
8. Limitation of Liability
To the maximum extent permitted by law, The Kevin Estate LLC and its officers, employees, affiliates, and service partners shall not be liable for any indirect, incidental, consequential, or punitive damages, including trading losses or lost prop firm evaluation fees, arising from your use of our services. Our aggregate liability shall not exceed the amount you paid The Kevin Estate for the program.
9. Indemnification
You agree to indemnify and hold harmless The Kevin Estate LLC from any claims arising from your use of our services, your trading activity, or your violation of these Terms.
10. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of California, without regard to conflict of law principles. Any dispute shall be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The seat of arbitration shall be [CITY, STATE]. You waive any right to participate in a class action. This provision is a material inducement for The Kevin Estate to provide services.
11. Chargeback Policy
Initiating a chargeback without first attempting to resolve the issue through our customer support kevin@kevmarketing.com constitutes a breach of these Terms. We reserve the right to contest any unwarranted chargeback with all relevant evidence, including signed enrollment agreements, session attendance records (obtained from Elysium Traders), course-progress logs, recorded sales calls, and your click-through acceptance of this agreement.12. Modifications
We may update these Terms from time to time. Continued use after changes constitutes acceptance.
13. Contact
The Kevin Estate LLC · 6322 Ferris Square, San Diego, CA 92121· kevin@kevmarketing.com · 6195587382