TERMS OF SERVICE, RISK DISCLOSURE & DISCLAIMER

Last Updated: January 2, 2026

IMPORTANT NOTICE: THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION AND A WAIVER OF CLASS ACTION RIGHTS. BY ACCESSING THIS SERVICE, YOU AGREE TO RESOLVE DISPUTES OUT OF COURT.

1. REGULATORY STATUS: THE "PUBLISHER'S EXCLUSION"

1.1. No Investment Advice: Mark Kaan and "The Insider’s Portfolio" (collectively, the "Service") operate strictly as a financial data publisher and media entity. We are NOT a registered investment advisor (RIA), broker-dealer, or financial analyst. 1.2. Publisher Exemption: The Service relies on the "publisher's exclusion" from the definition of an investment adviser under Section 202(a)(11)(D) of the Investment Advisers Act of 1940. The information provided is "impersonal," meaning it is generic and not tailored to your specific financial situation, risk tolerance, or needs. 1.3. No Fiduciary Duty: No confidential, fiduciary, or client-professional relationship exists between you and the Service. You are solely responsible for your own investment decisions.

2. U.S. GOVERNMENT REQUIRED DISCLAIMER (CFTC RULE 4.41)

Trading securities, cryptocurrencies, and options involves a substantial risk of loss. HYPOTHETICAL OR SIMULATED PERFORMANCE RESULTS HAVE CERTAIN INHERENT LIMITATIONS. UNLIKE AN ACTUAL PERFORMANCE RECORD, SIMULATED RESULTS DO NOT REPRESENT ACTUAL TRADING. ALSO, SINCE THE TRADES HAVE NOT ACTUALLY 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 PROFITS OR LOSSES SIMILAR TO THOSE SHOWN.

3. THE "MARK KAAN" PERSONA & ARTIFICIAL INTELLIGENCE

3.1. Fictionalized Persona: You acknowledge that "Mark Kaan" is a pseudonym and brand persona used for privacy and storytelling purposes. While the underlying trading data, portfolio philosophy, and "Interactive Brokers" statements are derived from real-world analysis, the voice, video avatars, and physical representation of the creator are generated using Artificial Intelligence (AI) technologies. 3.2. Waiver of Fraud Claims: By subscribing, you agree that you are purchasing access to financial data and analysis, not a relationship with a specific physical individual. You expressly waive any right to claim fraud, misrepresentation, or false advertising based on the Service's use of an avatar, pseudonym, or AI-generated voice.

4. CONFLICT OF INTEREST & TRADING DISCLOSURE

3.1. Trading Activity: The creator and affiliates of the Service may hold positions in the securities or cryptocurrencies discussed. We reserve the right to buy or sell these assets at any time, including selling into a rally caused by our own alerts, without notice to subscribers. 3.2. Alignment: Our alerts are based on analysis, but you acknowledge that our personal trading activity may conflict with your own interests.

5. SPECIFIC DISCLAIMER FOR "ULTRA" & TAX STRATEGIES

5.1. Anecdotal Information: Any content regarding tax optimization, offshore structures, or "0% tax jurisdictions" is provided solely as anecdotal evidence of the creator’s personal experience. THIS DOES NOT CONSTITUTE LEGAL OR TAX ADVICE. 5.2. Professional Consultation Mandatory: You explicitly agree to consult with a qualified CPA or Tax Attorney in your jurisdiction before implementing any strategy mentioned. The Service disclaims all liability for tax penalties, audits, or legal consequences resulting from your reliance on this content.

6. REFUND POLICY & ANTI-FRAUD MEASURES

6.1. ALL SALES FINAL: Due to the immediate delivery of proprietary intellectual property and trade alerts, NO REFUNDS will be granted under any circumstances. 6.2. Chargeback Fraud: You agree that initiating a chargeback with your credit card issuer while retaining access to our digital content is considered theft and "Friendly Fraud." The Service reserves the right to: (a) Immediately terminate your account; (b) Report the incident to Credit Reporting Agencies (Equifax, Experian); (c) Initiate collection proceedings for the owed amount plus legal fees.

7. INTELLECTUAL PROPERTY & LIQUIDATED DAMAGES

7.1. Zero Tolerance for Leaking: Sharing, forwarding, screenshots, or reselling our content to third parties (Telegram, Discord, Social Media) is strictly prohibited. 7.2. Liquidated Damages: You acknowledge that unauthorized sharing causes us irreparable harm that is difficult to quantify. Therefore, you agree to pay Liquidated Damages of $5,000 USD per violation, in addition to any other legal remedies we may pursue.

8. LIMITATION OF LIABILITY & INDEMNIFICATION

8.1. LIABILITY CAP: TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF YOUR USE OF THE SERVICE SHALL BE LIMITED TO THE AMOUNT YOU PAID TO THE SERVICE IN THE ONE (1) MONTH PRECEDING THE CLAIM. 8.2. Indemnification: You agree to indemnify and hold harmless the Service from any claims, losses, or legal fees arising from your use of the information provided.

9. DISPUTE RESOLUTION: BINDING ARBITRATION & CLASS ACTION WAIVER

9.1. NO CLASS ACTIONS: YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST THE SERVICE ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. 9.2. Binding Arbitration: Any dispute shall be resolved exclusively by binding arbitration in NEW MEXICO, UNITED STATES OF AMERICA, waiving your right to a trial by jury.