THESE TERMS AND CONDITIONS INCLUDE A MANDATORY ARBITRATION PROVISION AND CLASS ACTION AND JURY TRIAL WAIVERS, WHICH MEANS THAT YOU AGREE TO ARBITRATE ALL DISPUTES AND PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION AND WAIVE YOUR RIGHT TO A TRIAL BY JURY. DO NOT ACCESS OR USE THE PINCH & PROSPER SITE OR SERVICES IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS IN THEIR ENTIRETY.

Pinch & Prosper LLC

Terms and Conditions

Last revised on: March 1st, 2026

  1. INTRODUCTION

    The Pinch & Prosper platform located at www.pinchnprosper.com (the “Site”) and financial planning services made available through the Site (the “Services”) are provided Pinch & Prosper LLC, a Tennessee limited liability company (collectively, “Pinch & Prosper”, “us”, and “we”). Certain features of the Services may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with or before use of such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms by this reference.

    THE TERMS AND CONDITIONS (“Terms”) TOGETHER WITH OUR PRIVACY POLICY (available at https://www.pinchnprosper.com/en/your_retirement_planning_home) (the “Privacy Policy”) CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN PINCH & PROSPER AND YOU (“you”) THAT GOVERNS YOUR USE OF THE SERVICES. BY SIGNING UP FOR AN ACCOUNT AND/OR ACCESSING OR USING THE SERVICES, YOU ARE ACCEPTING THESE TERMS AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS AND ABIDE BY THEM. YOU MAY NOT ACCESS OR USE THE SERVICES OR ACCEPT THESE TERMS IF YOU ARE NOT THE AGE OF CONSENT IN YOUR JURISDICTION OR IF YOU, FOR ANY REASON CANNOT ENTER INTO BINDING CONTRACTS. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS, DO NOT ACCESS AND/OR USE THE SITE OR SERVICES.

  2. ACCOUNTS

    1. Account Creation. To use certain features of the Site and Services, you must register for an account (“Account”) and provide certain information about yourself as prompted by the account registration form. You may not select a username intended to impersonate another person or entity that is subject to the rights of another person or entity, or that is obscene or vulgar. We reserve the right to refuse or cancel registration of any username in our sole discretion. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions on the Site. Please note that deletion of your Account does not necessarily result in immediate deletion of all data associated with your Account; our data retention and deletion practices are described in our Privacy Policy. Pinch & Prosper may suspend or terminate your Account in accordance with Section 9 of these Terms.
    2. Account Responsibilities. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify Pinch & Prosper of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. You will not share your Account password or any security questions with any other individual or entity and you will not allow any other individual or entity to use your Account except as expressly permitted through functionality provided by Pinch & Prosper. Notwithstanding the foregoing, Pinch & Prosper may offer functionality that allows you to invite additional individuals (such as a spouse, family member, or other permitted collaborator) to access your Account or certain features of the Services (“Invited Users”). Any access by Invited Users must occur solely through such functionality and in accordance with these Terms. You remain fully responsible and liable for all acts and omissions of any Invited Users associated with your Account, including their compliance with these Terms and any activity conducted through your Account. By inviting any Invited User, you acknowledge and agree that such Invited User may be able to view, access, and interact with information, data, and Output (as hereinafter defined) associated with your Account. You are solely responsible for determining whether to grant such access and for the consequences of doing so. Pinch & Prosper does not control, monitor, or supervise Invited Users and is not responsible for any actions, omissions, or use of information by Invited Users. For the avoidance of doubt, use of the Services by Invited Users does not convert the Services into a commercial, advisory, or fiduciary service and does not allow use of the Services by financial advisors or other third parties in violation of Section 3.2. Pinch & Prosper cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. You are responsible for maintaining an active email account as the “Primary Account Holder” under your account. The email associated with the Primary Account Holder will receive important notices related to your Account, which may include renewal reminders and notifications for changes to these Terms.
    3. Payment of Fees. You are solely responsible for fees incurred by your Account, at the rates specified in the pricing we provide or make available to you. Please note that fees paid by certain means, for example, credit cards or ACH, may also contain additional fees (for example, processing fees) in addition to the fees for use and access to the Site and Services. Payment processing services are provided by third‑party payment processors. Pinch & Prosper does not receive, store, or have access to your full payment card numbers or complete payment account details. Such information is collected and processed directly by the applicable payment processor in accordance with its terms and privacy practices. For the avoidance of doubt, your responsibility for fees is not tied to usage. You will be responsible for fees even if you do not use the Site or Services so long as you have a subscription.
    4. Taxes. Fees do not include any taxes, duties, or assessments that you may owe for use of the Services (“Taxes”), except to the extent such Taxes are expressly included in the applicable fee or otherwise disclosed to you at checkout or in the applicable invoice. You are responsible for remitting any necessary withholding Taxes to the relevant authority on a timely basis and providing us with evidence of the same upon our request. Where a law, rule, or regulation provides for the reduction or elimination of withholding taxes, including via tax treaty, the parties will collaborate in good faith to do so. For clarity, you must pay us the amount (“Gross-up Payment”) that will ensure that we receive the same total amount that we would have received if no such withholding or reduction by you had been required (taking into account any and all applicable Taxes (including any Taxes imposed on the Gross-up Payment)).
    5. Price Increases. Your subscription fees may be increased at the beginning of each renewal term by an amount calculated by multiplying the then-current subscription fees by the greater of: (a) the percentage increase in the Consumer Price Index, Urban Consumers, All Cities Averaged (“US CPI”), as published by the U.S. Department of Labor; or (b) the percentage increase in the officially published consumer price index (or substantially equivalent inflation index) applicable to the country in which you principally reside (the “Local CPI”), in each case measured over the most recent twelve (12) month period available to Pinch & Prosper at the beginning of such renewal term. If any such index is discontinued or no longer published, Pinch & Prosper may substitute a successor or comparable index that reasonably reflects changes in the cost of living in the applicable jurisdiction. In no event will any inflation-based adjustment reduce the subscription fees payable hereunder. We will use commercially reasonable efforts to provide the email associated with the Primary Account Holder with two weeks’’ prior notice of any price increases. If you do not wish for your subscription to renew for any reason, please see Section 9.1 below for directions on how to cancel your subscription. You are responsible for providing us with your most current email address for your Primary Account Holder. In the event that the last email address you provided for your Primary Account Holder is not valid, or for any reason is not capable of delivering the notice described above to you, our dispatch of the email containing such notice to your Primary Account Holder will nonetheless constitute effective notice of the price increase by us to you.
    6. Chargebacks and Payment Disputes. We encourage you to contact us directly to resolve any billing questions or disputes before initiating a chargeback or payment dispute with your bank or payment provider. If you initiate a chargeback, payment dispute, or reversal for any fees paid to Pinch & Prosper, we reserve the right to suspend or terminate your access to the Site and Services pending resolution of such dispute. You agree that you are responsible for all chargeback fees, dispute fees, penalties, or similar costs imposed by payment processors, card networks, or financial institutions arising from such disputes. We reserve the right to re‑invoice any undisputed amounts owed, to contest any chargeback or dispute in our sole discretion, and to rely on these Terms as evidence in connection with any such dispute. Repeated or abusive chargebacks may result in immediate termination of your Account.
    7. Failure to Pay Fees When Due. Failure to pay all amounts owed to us when due may result in suspension or termination of your access to and use of the Site and/or Services until we receive payment in full for all amounts due. We reserve any other rights of collection we may have. If we do not receive any fees their applicable due date, then, without limiting any of our rights or remedies under these Terms (including suspending your access to or use of the Site and/or Services) or available at law or in equity, we may terminate your access to the Site and Services with or without providing you with prior notice.

  3. ACCESS TO THE SITE

    1. Subscription. Subject to your compliance with these Terms and your payment of all fees due to Pinch & Prosper, you may use and access the Services solely for your own personal and noncommercial purposes for such time as you are permitted by Pinch & Prosper as a valid, active, fee-paying user. You may not use the Site or Services for any other purpose without the prior written consent of Pinch & Prosper in each instance. Except as explicitly stated herein, these Terms do not grant you (a) any right to reproduce, modify, distribute, or publicly display or perform the software included in the Services or any portion thereof or (b) any other right to the Services not specifically set forth in these Terms.
    2. Certain Restrictions. The Site and Services are provided solely for individual, personal use by consumers and are not intended for use by financial advisors, registered investment advisors, broker-dealers, financial professionals or similar businesses in providing advice to third parties, or for any commercial, advisory or fiduciary purpose. The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services, whether in whole or in part, or any content displayed on the Services; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) you shall not access or use the Services in order to build a similar or competitive website, product, or service; (d) you shall not access or use the Site or Services for any timesharing or service bureau purposes or to otherwise provide the Services, in whole or in part, to a third party; and (e) except as expressly stated herein, no part of the Site or Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the Site or Services shall be subject to these Terms. All copyright and other proprietary notices on the Site (or on any content displayed on the Site) or the Services must be retained on all copies thereof. If you access the Services from outside the United States, you are responsible for compliance with foreign and local laws. Pinch & Prosper does not provide services to governments, governmental agencies, businesses, individuals, other groups, or any of their agents that are subject to U.S. trade sanctions. By using the Services, you represent and warrant that you are not subject to any U.S. trade sanctions.
    3. Modification. Pinch & Prosper reserves the right, at any time, to modify or suspend the Services (in whole or in part) with or without notice to you. You agree that Pinch & Prosper will not be liable to you or to any third party for any modification or suspension of the Site, the Services, or any part thereof. Pinch & Prosper also reserves the right to limit the availability of the Services or the provision of the Site to any person, organization, geographic area, or jurisdiction at any time and in its sole discretion.
    4. Ownership. Excluding any User Content (defined below in Section 4.1) that you may provide, you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site, the Services, and its content are owned by Pinch & Prosper or Pinch & Prosper’s licensors and suppliers. Neither these Terms (nor your access to the Site or Services) transfers to you or any third party any rights, title, or interest in or to such rights, except for the limited access rights expressly set forth in Section 3.1. Pinch & Prosper and its suppliers reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms.
    5. Feedback. You are under no duty to provide any suggestions, enhancement requests, or other feedback regarding the Services (“Feedback”). If you choose to offer Feedback to us, you hereby grant us a perpetual, irrevocable, non-exclusive, worldwide, fully paid, sub-licensable (at unlimited number of levels), assignable license to incorporate Feedback into the Services or otherwise use any Feedback we receive from you solely to improve our products and services, provided that such Feedback is used in a manner that is not attributable to you. You also irrevocably waive in favor of us any moral rights which you may have in such Feedback pursuant to applicable copyright law or any other laws or regulations. We acknowledge that any Feedback is provided on an “as-is” basis with no warranties of any kind. We will treat any Feedback you provide to us as non-confidential and non-proprietary. You agree that you will not submit to us any information or ideas that you consider to be confidential or proprietary.

  4. USER CONTENT, OUTPUT, AND YOUR USE OF THE SERVICES

    1. User Content. “User Content” means all information and content that a user submits to, or uses with, the Services and all Output (defined below in Section 4.3). You retain ownership of your User Content. You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. You further warrant that all information you provide about yourself and others is true and complete information. You agree to promptly notify Pinch & Prosper of any changes in the information provided about yourself or any other material changes that could impact your use of the Services. You shall be solely responsible for the accuracy and completeness of all information furnished to Pinch & Prosper and/or to third parties as necessary for the Services contemplated herein. Pinch & Prosper shall not be responsible for independently verifying the accuracy or completeness of any information that you provide, and Pinch & Prosper shall be entitled to rely on such information. Pinch & Prosper shall have no liability for any errors or omissions in any Services provided to you that are the result of, arise from, or are based, in whole or part, on inaccurate or incomplete information provided to Pinch & Prosper. You represent and warrant that you have obtained all necessary third-party rights, licenses, permissions, and consents, including, without limitation, copyrights, for any User Content that belongs to or originates from third parties and consents where required by applicable laws for the collection of information. You will review all recommendations, advice, suggestions, documents, Output, and other information and data provided to you by Pinch & Prosper or the Services and shall inform Pinch & Prosper of any inaccuracies, deficiencies or discrepancies contained therein. You hereby represent and warrant that your User Content does not violate our Acceptable Use Policy (defined in Section 4.4). You may not represent or imply to others that your User Content is in any way provided, sponsored, or endorsed by Pinch & Prosper. Since you alone are responsible for your User Content, you may expose yourself to liability based on the User Content you provide. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire.
    2. License. You hereby grant (and you represent and warrant that you have the right to grant) to Pinch & Prosper and its suppliers and licensors a nonexclusive, royalty-free, enterprise-wide, sublicensable (at an unlimited number of levels), and worldwide license to modify, reproduce, distribute, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing rights, solely for the purposes of including your User Content on the Site, providing you with the Services, and offering you other Services. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content. Additionally, you hereby grant (and you represent and warrant that you have the right to grant) to Pinch & Prosper a nonexclusive, royalty-free, enterprise-wide, perpetual, irrevocable, and worldwide right and license to (i) host, copy, access, transmit, display, modify, adapt, reproduce, distribute, prepare derivative works of, incorporate into other works, and otherwise use and commercialize aggregated anonymized data to develop, optimize, and improve the Services, and (ii) create, develop, derive, modify, share, and commercialize aggregated anonymized data that is part of the System Data (defined below), including but not limited with third parties. “System Data” means information that originates in the Services including, but not limited to, metrics, metadata, or analytics, or that is based on or derived by Pinch & Prosper from anonymized data.
    3. Output and Your Use of Output. When you input User Content into the Services, you may receive output depending on the User Content that you input and how you use the Services with respect to such input (“Output”). We hereby assign to you all our right, title, and interest, if any, in and to the Output, provided that if any Output consists of documents generated by the Services, we retain all right, title, and interest in and to the format, layout, design, look and feel, and template of such documents, but we hereby assign to you all our right, title, and interest in and to the data contained in such documents. You are responsible for your Output to the same extent under these Terms as your User Content. You acknowledge and agree that the Services and Output may include advice and recommendations; but all such advice and recommendations are provided solely as general information guidance and all decisions in connection with the implementation of such advice and recommendations shall be your sole and exclusive decision and responsibility.
    4. Acceptable Use Policy. The following terms constitute our “Acceptable Use Policy”:
      1. You agree not to use the Site or Services to collect, upload, transmit, display, or distribute any User Content that: (i) violates any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) is unlawful, fraudulent, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) is harmful to minors in any way; (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party; (v) falls within the definition of “Protected Health Information” under the HIPAA Privacy Rule (45 C.F.R. Section 164.051); or (vi) falls within the definition of “Nonpublic Personal Information” under the Gramm-Leach-Bliley Act.
      2. In addition, you agree not to: (i) upload, transmit, or distribute to or through the Services any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the Services unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use the Services to harvest, collect, gather or assemble information or data regarding other users, including email addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Services, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Services (or to other computer systems or networks connected to or used together with the Site and/or Services), whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Site or Services; or (vii) use software or automated agents or scripts to produce multiple accounts on the Services, or to generate automated searches, requests, edits or queries to (or to strip, scrape, manipulate, alter, analyze or mine data from) the Site.
    5. Enforcement. We reserve the right (but have no obligation) to review, refuse and/or remove any User Content in our sole discretion, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your Account in accordance with Section 9, and/or reporting you to law enforcement authorities.

  5. INDEMNIFICATION

    You agree to indemnify, defend (subject to Pinch & Prosper’s right to exclusively assume the defense at your sole cost and expense), and hold Pinch & Prosper and its officers, employees, suppliers, licensors, agents, successors, and assigns (collectively, the “Pinch & Prosper Indemnitees”) harmless, including costs, expenses, and attorneys’ fees, from any claim or demand made by any third party arising out of, in connection with, or related to: (a) your use of the Services and any Output or User Content; (b) your violation of these Terms; (c) your violation of applicable laws or regulations; (d) your infringement or alleged infringement of any intellectual property, proprietary, privacy, or other rights of any person or entity or your misappropriation or alleged misappropriation of the trade secret rights of any person or entity; (e) your User Content and Output; (f) any sales taxes or other taxes arising from your use of the Site or Services (excluding any income tax on our revenue from fees for providing the Services); and (g) your use of any Third-Party Connections (defined below in Section 6.1). We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify the Pinch & Prosper Indemnitees, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent, which we may withhold in our sole and exclusive discretion. We will use commercially reasonable efforts to notify you of any such claim, action, or proceeding within a commercially reasonable time upon becoming aware of it.

  6. THIRD-PARTY CONNECTIONS; CO-BRANDED AREAS; OTHER USERS

    1. Third-Party Connections. The Site may contain links to third-party websites and services (collectively, “Third-Party Connections”). Such Third-Party Connections are not under the control of Pinch & Prosper, and Pinch & Prosper is not responsible for any Third-Party Connections. Pinch & Prosper provides access to these Third-Party Connections only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Connections. You use all Third-Party Connections at your own risk and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Connections, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction, use, or agreement in connection with such Third-Party Connections and third parties.
    2. Other Users. Each Site user is solely responsible for all its own User Content. Since we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others. We make no guarantees regarding the accuracy, currency, suitability, appropriateness, or quality of any User Content.
    3. Release. You hereby release and forever discharge Pinch & Prosper (and our affiliates, officers, employees, agents, suppliers, licensors, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site or Services (including any interactions with, or act or omission of, any Third-Party Connections) except to the extent caused directly by our willful or intentional misconduct. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” AND TO THE EXTENT APPLICABLE, CORRESPONDING RIGHTS UNDER ANY SIMILAR LAW, RULE, OR REGULATION OF ANY OTHER JURISDICTION.

  7. DISCLAIMERS

    PINCH & PROSPER IS NOT AN INVESTMENT ADVISOR, FINANCIAL PLANNER, BROKER, LAWYER OR TAX ADVISOR. PINCH & PROSPER DOES NOT PROVIDE LEGAL, TAX, ACCOUNTING OR FINANCIAL ADVICE. THE INFORMATION PROVIDED ON THIS SITE IS PROVIDED FOR EDUCATIONAL PURPOSES ONLY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND “WITH ALL FAULTS,” AND WE (AND OUR SUPPLIERS AND LICENSORS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, SATISFACTORY QUALITY, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS AND LICENSORS) MAKE NO WARRANTY THAT THE SERVICES OR THE USE AND RESULTS THEREOF, INCLUDING OUTPUT, WILL MEET YOUR OR ANY THIRD PARTY’S REQUIREMENTS, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM, OR OTHER SERVICES, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. ANY REPRESENTATION OR WARRANTY OF OR CONCERNING ANY THIRD-PARTY MATERIALS IS STRICTLY BETWEEN YOU AND THE THIRD-PARTY OWNER OR DISTRIBUTOR OF THE THIRD-PARTY MATERIALS. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SERVICES, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO THE MINIMUM AMOUNT REQUIRED BY APPLICABLE LAW BEGINNING ON THE DATE OF YOUR FIRST USE.

    RELIANCE ON ANY OUTPUT, DATA, RESULTS, INFORMATION OR OTHER MATERIALS OBTAINED FROM THE SERVICES IS STRICTLY AT YOUR OWN RISK. YOU UNDERSTAND, AGREE, AND ACKNOWLEDGE THAT: (I) USE OF THE SERVICES DOES NOT RELIEVE YOU OF RESPONSIBILITY FOR COMPLIANCE WITH LAWS, RULES (INCLUDING ANY APPLICABLE ETHICAL OR PROFESSIONAL RULES), AND REGULATIONS WHILE USING THE SERVICES OR ANY OUTPUT, DATA, RESULTS, INFORMATION OR OTHER MATERIALS YOU GENERATE WHILE USING THE SERVICES; (II) USING THE SERVICES IN NO WAY WAIVES YOUR RESPONSIBILITY UNDER ANY LAWS, RULES, OR REGULATIONS OR ABSOLVES YOU OR LIMITS YOUR LIABILITY UNDER ANY SUCH LAWS, RULES, OR REGULATIONS; (III) YOU SHALL NEITHER INQUIRE NOR RELY UPON US FOR ANY LEGAL, ACCOUNTING, TAX, FINANCIAL ADVISORY OR INVESTMENT ADVICE, BENEFITS REGULATORY, OR OTHER PROFESSIONAL OR EXPERT ADVICE OF ANY KIND AND THAT AND WE DO NOT HAVE A FIDUCIARY RELATIONSHIP OR SPECIAL RELATIONSHIP WITH YOU; (IV) YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES AND OUTPUT MAY INCLUDE ADVICE AND RECOMMENDATIONS BUT ALL DECISIONS IN CONNECTION WITH THE IMPLEMENTATION OF SUCH ADVICE AND RECOMMENDATIONS SHALL BE YOUR SOLE AND EXCLUSIVE DECISION AND RESPONSIBILITY AND THAT NEITHER WE NOR THE SERVICES SHALL PERFORM MANAGEMENT FUNCTIONS OR MAKE MANAGEMENT DECISIONS FOR YOU; (V) THE SERVICES AND ANY OUTPUT ARE PROVIDED FOR GENERAL EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY; (VI) ANY RESULTS, PROJECTIONS, ANALYSES, OR OTHER OUTPUT GENERATED BY THE SERVICES ARE ESTIMATES ONLY AND ARE DERIVED FROM USER CONTENT, STANDARD ASSUMPTIONS AND GENERALIZED MODELS AND ARE THEREFORE INHERENTLY UNCERTAIN AND MAY NOT REFLECT ACTUAL CONDITIONS, OUTCOMES, OR REAL-WORLD PERFORMANCE; AND (VII) YOU ARE FULLY AND SOLELY RESPONSIBLE FOR: (A) SELECTION OF ADEQUATE AND APPROPRIATE SERVICES AND SOFTWARE TO SATISFY YOUR NEEDS AND ACHIEVE YOUR INTENDED RESULTS; (B) USE OF THE SERVICES AND OUTPUT; (C) ALL OUTPUT, DATA, RESULTS, INFORMATION, AND ANY OTHER MATERIALS OBTAINED FROM THE SERVICES OR THE USE THEREOF; (D) REVIEWING ALL OUTPUT FROM THE SERVICES INCLUDING, WITHOUT LIMITATION, ANY DOCUMENTS YOU GENERATE THROUGH THE SERVICES TO ENSURE SUCH OUTPUT IS TRUTHFUL, ACCURATE, AND ERROR-FREE; (E) SELECTING, OBTAINING, AND MAINTAINING ALL HARDWARE, SOFTWARE, COMPUTER CAPACITY, INTERNET SERVICE, PROGRAM AND SYSTEM RESOURCES AND OTHER EQUIPMENT AND UTILITIES NEEDED FOR ACCESS TO AND USE OF THE SERVICES AND FOR ALL COSTS ASSOCIATED THEREWITH; (F) SELECTION, USE OF, AND DATA, RESULTS, INFORMATION OR OTHER MATERIALS OBTAINED FROM ANY OTHER PROGRAMS, APPLICATIONS, COMPUTER EQUIPMENT, SOFTWARE, OR SERVICES USED WITH THE SERVICES OR OUTPUT; AND (G) SEEKING OUTSIDE COUNSEL FROM REPUTABLE ACCOUNTANTS, FINANCIAL ADVISORS, INVESTMENT ADVISORS, TAX AND BENEFITS PROFESSIONALS, AND ATTORNEYS. WE ARE NOT LIABLE FOR ANY DAMAGES, OF ANY KIND WHATSOEVER, THAT MAY RESULT FROM YOUR RELIANCE ON ANY INFORMATION, RECOMMENDATIONS, ADVICE, OR ANY OTHER OUTPUT PROVIDED BY THE SERVICES.

    WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ACKNOWLEDGE THAT THE SERVICES DO NOT GUARANTEE YOUR COMPLIANCE WITH ANY APPLICABLE LAWS, RULES, REGULATIONS, POLICIES, OR ANY OBLIGATIONS OR DUTIES YOU MAY HAVE TO ANYONE ELSE. YOU MUST DETERMINE FOR YOURSELF WHETHER THE SERVICES AND YOUR USE OF THE SERVICES AND ANY OUTPUT, DATA, RESULTS, INFORMATION, ADVICE, RECOMMENDATIONS, OR OTHER MATERIALS OBTAINED OR CREATED THEREFROM COMPLY WITH YOUR OBLIGATIONS OR DUTIES YOU MAY OWE TO OTHERS.

    YOU ACCEPT AND AGREE THAT ANY USE OF OUTPUTS FROM THE SERVICES IS AT YOUR SOLE RISK AND YOU WILL NOT RELY ON OUTPUT AS A SOLE SOURCE OF TRUTH OR FACTUAL INFORMATION, OR AS A SUBSTITUTE FOR PROFESSIONAL ADVICE. YOU WILL BE SURE TO REVIEW ALL OUTPUT FOR ACCURACY AND CORRECTNESS EACH TIME YOU USE ANY OUTPUT.

    SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

    OUR AFFILIATES, SUPPLIERS, AND LICENSORS ARE INTENDED THIRD PARTY BENEFICIARIES OF THIS SECTION.

  8. LIMITATION ON LIABILITY

    TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PINCH & PROSPER (OR OUR SUPPLIERS OR LICENSORS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST REVENUE, LOST INCOME, LOSS OF ANTICIPATED SAVINGS, LOSS OF GOODWILL, LOST DATA, CORRUPTION OF DATA, INACCESSIBILITY OF DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, ANY FAILURE, INTERRUPTION, OR DELAY (INCLUDING THE USE OF OR INABILITY TO USE ANY COMPONENT OF THE SERVICES) TO ACCESS TO OR USE OF ANY SERVICES OR OUTPUT, BUSINESS INTERRUPTION, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES OF ANY KIND RELATED TO, IN CONNECTION WITH, OR ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE ANY SERVICES REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY, LAW, EQUITY OR OTHERWISE, EVEN IF PINCH & PROSPER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE, SERVICES, OR OUTPUT IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OR INACCESSIBILITY OF DATA RESULTING THEREFROM.

    YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES OR OUTPUT IS TO DISCONTINUE USING THE SERVICES OR ACCESSING THE SITE. IN NO EVENT SHALL PINCH & PROSPER’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION OF ANY KIND OR NATURE WHATSOEVER, REGARDLESS OF THE FORM OF THE ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY, LAW, EQUITY, OR OTHERWISE, EXCEED THE AMOUNT YOU HAVE PERSONALLY PAID PINCH & PROSPER FOR PROVIDING SERVICES TO YOU FOR THE THREE (3) MONTHS PRIOR TO THE FIRST ALLEGED ACT CAUSING DAMAGES OR $100.00, WHICHEVER IS GREATER. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. IN NO EVENT SHALL PINCH & PROSPER BE LIABLE FOR ANY DAMAGES BASED UPON THE ACCURACY, COMPLETENESS, SECURITY, RELIABILITY, AVAILABILITY, OR ERRORS OF THE SERVICES OR THE OUTPUT OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES. YOU ACKNOWLEDGE THAT PINCH & PROSPER HAS SET ITS FEES, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH IN THESE TERMS, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND US. YOU AGREE THAT OUR SUPPLIERS AND LICENSORS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES OR THE OUTPUT.

    SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

  9. TERM AND TERMINATION; RETENTION OF USER CONTENT; SUSPENSION

    1. Term and Termination of Your Subscription. Subject to this Section, these Terms will remain in full force and effect while you access or use the Services. Your ability to use and access the Services will depend on the subscription you purchase from us to access and use the Services. Your subscription will automatically renew for additional periods equal to the expiring subscription term or one year (whichever is shorter) beginning on the day your initial subscription expires and will continue to automatically renew for such periods thereafter until you cancel your subscription prior to renewal. The process to cancel your subscription is described below in this Section 9.1. We will use commercially reasonable efforts to provide the email associated with the Primary Account Holder with two weeks’ notice prior to the automatic renewal of your subscription. You are responsible for providing us with your most current email address for your Primary Account Holder. In the event that the last email address for your Primary Account Holder that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the email containing such notice to your Primary Account Holder will nonetheless constitute effective notice by us to you of the automatic renewal of your subscription. Please contact us at inquire@pinchnprosper.com to cancel your subscription and to prevent the automatic renewal. If you have provided us with a payment method for renewals of your subscription, we will automatically charge such payment method. Please see Section 2.5 above regarding payment increases for any renewals. If such payment method fails for any reason, we reserve the right to terminate or suspend your access to and use of your Account and the Services until we receive payment in full for all amounts due. If you cancel your subscription prior to renewal, you will continue to have access to your Account and use of the Services until your subscription expires, at which point it will terminate. You acknowledge that we do not provide refunds or credits for any partial subscription periods regardless of the reason for partial subscription period.
    2. Trials. We may, from time to time, offer access to the Services on a free‑trial basis. Unless otherwise specified at sign‑up, free trials are limited to a single‑region plan, prohibit account sharing, and exclude advanced features. The free trial period will be communicated to you at the time you enroll and will be no less than thirty (30) days, beginning on the date your trial account is created. Unless you cancel the Services before the end of the applicable trial period, your access may convert to a paid subscription and you authorize us to charge your designated payment method in accordance with these Terms. Upon expiration or termination of a free trial, your access to the Services may be suspended or terminated, and any data or content associated with your trial account will be retained or deleted in accordance with our data retention policies, after which such data may no longer be available to you.
    3. Retention of User Content. Upon termination of your rights under these Terms, your Account and right to access and use the Services will terminate immediately. You understand that any termination of your Account may involve deletion of your User Content associated with your Account from our live databases after thirty (30) days of the effective date of the termination or expiration of your subscription. The Services are not designed for, and should not be used to store, sensitive personal data, financial information, health information, confidential business information, or other information requiring heightened security or regulatory protection. You assume all risk associated with uploading or storing any such data through the Services, and Pinch & Prosper disclaims all responsibility and liability for such data, including any loss or deletion thereof. Further, Pinch & Prosper will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your Account or deletion of your User Content.
    4. Suspension and Termination. Notwithstanding any subscription you have purchased from us, we may suspend or terminate your ability to access or use the Site or Services (including your Account) at any time as necessary for us to comply with applicable law and/or if we reasonably believe that your or your Organization’s use of the Services violates these Terms or applicable law or may subject Pinch & Prosper to potential liability. Any Sections that by their nature should survive the termination of these Terms, or which would reasonably be expected to be performed after the termination of these Terms or your use or access to the Services, shall survive and be enforceable after termination of these Terms, including, without limitation, provisions relating to payment of fees, confidentiality, ownership, representations and warranties, disclaimers, indemnification, exclusion of consequential damages, limitations of liability, effects of termination, and governing law.

  10. GENERAL

    1. Changes. Subject to the notice requirement of this Section 10.1, we, in our sole and absolute discretion, may make changes to these Terms from time to time. If we make any substantial changes to these Terms, we will notify you of such changes by any reasonable means, including by posting the revised Terms on the Services (provided that, for material changes, we will seek to supplement such notice by email, an in-Service pop-up message, or other prominent notice within the Services, or other means). If we choose to supplement the notification of changes to these Terms by sending you an email, we will send the notification email to the last email address you have specified for the Primary Account Holder. You are responsible for providing us with your most current email address for your Primary Account Holder. If the last email address that you have provided us for the Primary Account Holder is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the email containing such notice will nonetheless constitute effective notice of the changes described in the notice. The date that these Terms were last revised is set forth above. Continued use of our Services following notice of such changes shall be deemed to indicate your acknowledgement and acceptance of such changes and your agreement to be bound by the terms and conditions of such changes. If you do not wish to continue using the Services under the changed terms of these Terms, you must terminate your subscription prior to the applicable renewal date or within thirty (30) days of the “Date of Last Revision” set forth at the top of these Terms, whichever event occurs first. Please see Section 9.1 for directions on how terminate your subscription.
    2. Choice of Law and Venue for Litigation. To the maximum extent permitted by applicable law, you consent to these Terms and any claims relating to the information, Services, or products made available through the Site and/or Services will be governed by the laws of the State of Tennessee, U.S.A. and the Federal Arbitration Act (“FAA”), without regard to conflict of law principles. Subject to Section 10.3(e), which provides that disputes are to be resolved through binding arbitration or small claims court, to the extent that any lawsuit or court proceeding is permitted hereunder, you and Pinch & Prosper agree to submit to the exclusive personal jurisdiction of the state courts and federal courts located within Davidson County, Tennessee, for the purpose of litigating all such disputes. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
    3. Class Action Waiver; Jury Trial Waiver; Use Outside of the United States of America; and Dispute Resolution.

      PLEASE READ THIS SECTION 10.2 (INCLUDING ITS SUBSECTIONS) CAREFULLY. IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US AND INCLUDES A WAIVER OF CLASS ACTION AND RIGHT TO JURY TRIAL.

      1. Waiver of Class or Other Non-Individualized Relief. ALL DISPUTES, CLAIMS, AND REQUESTS FOR RELIEF WITHIN THE SCOPE OF THIS SECTION 10.2 MUST BE LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE LITIGATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
      2. Waiver of Jury Trial. YOU AND PINCH & PROSPER HEREBY EACH IRREVOCABLY AND UNCONDITIONALLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL ACTION, PROCEEDING, CAUSE OF ACTION, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, SERVICES, OR ANY TRANSACTIONS CONTEMPLATED HEREBY. EACH PARTY CERTIFIES AND ACKNOWLEDGES THAT (A) NO REPRESENTATIVE OF THE OTHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT THE OTHER PARTY WOULD NOT SEEK TO ENFORCE THE FOREGOING WAIVER IN THE EVENT OF A LEGAL ACTION, (B) IT HAS CONSIDERED THE IMPLICATIONS OF THIS WAIVER, (C) IT MAKES THIS WAIVER KNOWINGLY AND VOLUNTARILY, AND (D) IT HAS DECIDED TO ENTER INTO THIS AGREEMENT IN CONSIDERATION OF, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS SECTION.
      3. Use Outside of the United States. The Services are operated by us from our offices within the United States of America. We make no representation that the Services are appropriate or available for use in other locations, and access to the Services from territories where the access to or use of the Services may be illegal is prohibited. Those who choose to access or use the Services from other locations do so, on their own initiative and are responsible for compliance with applicable local laws.
      4. Dispute Resolution by Binding Arbitration. MOST DISPUTES AND CONCERNS CAN BE RESOLVED QUICKLY AND TO YOUR SATISFACTION BY CONTACTING US AT 4015 Travis Drive Ste 211 #2001, Nashville, TN, 37211. HOWEVER, IN THE UNLIKELY EVENT THAT PINCH & PROSPER CANNOT RESOLVE A DISPUTE WITH YOU, THEN, EXCEPT WITH RESPECT TO SMALL COURT CLAIMS AND CLAIMS RELATED TO INTELLECTUAL PROPERTY AS SET FORTH IN THE “ARBITRATION AGREEMENT” SECTION BELOW (“ARBITRATION AGREEMENT”), BOTH YOU AND PINCH & PROSPER AGREE TO SUBMIT THE DISPUTE TO THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS CONSUMER AND/OR COMMERCIAL ARBITRATION RULES OR, BY SEPARATE MUTUAL AGREEMENT, TO ANOTHER ARBITRATION INSTITUTION, IN ACCORDANCE WITH THE “ARBITRATION AGREEMENT” SECTION BELOW.

        ARBITRATION AGREEMENT

        1. CLAIMS TO BE RESOLVED BY BINDING ARBITRATION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PINCH & PROSPER AND YOU AGREE TO ARBITRATE ANY AND ALL DISPUTES AND CLAIMS BETWEEN YOU AND PINCH & PROSPER, AND BETWEEN YOU AND OUR FORMER OR PAST EMPLOYEES, DIRECTORS, OFFICERS AND CONTRACTORS, IN ALL CASES ARISING OUT OF OR RELATING TO THE TERMS OR THE SERVICES, EXCEPT THAT: (1) EACH PARTY MAY COMMENCE AN ACTION IN A COURT OF PROPER JURISDICTION FOR INJUNCTIVE OR OTHER EQUITABLE RELIEF AS CONTEMPLATED IN SECTION 10.3(vii) BELOW (INJUNCTIVE RELIEF) PENDING A FINAL DECISION BY THE ARBITRATOR, (2) EITHER PARTY MAY BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT IF THE RULES OF THAT SMALL CLAIMS COURT WILL ALLOW IT. IF EITHER PARTY DOES NOT BRING ITS CLAIM IN SMALL CLAIMS COURT (OR IF YOU OR WE APPEAL A SMALL CLAIMS COURT JUDGMENT TO A COURT OF GENERAL JURISDICTION), THEN THE CLAIMS MUST BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION.

          YOU AGREE THAT, BY AGREEING TO THESE TERMS, YOU AND PINCH & PROSPER ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION TO THE MAXIMUM EXTENT PERMITTED BY LAW. THESE TERMS EVIDENCE A TRANSACTION IN INTERSTATE COMMERCE, AND THUS THE FAA GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THIS ARBITRATION PROVISION. THIS ARBITRATION PROVISION SHALL SURVIVE TERMINATION OF THE TERMS OR YOUR RELATIONSHIP WITH PINCH & PROSPER FOR ANY REASON.

        2. ARBITRATOR. ANY ARBITRATION BETWEEN YOU AND PINCH & PROSPER WILL BE GOVERNED BY THE COMMERCIAL DISPUTE RESOLUTION PROCEDURES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (COLLECTIVELY, “AAA RULES”) OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA”), AS MODIFIED BY THESE TERMS, AND WILL BE ADMINISTERED BY THE AAA. THE AAA RULES AND FILING FORMS ARE AVAILABLE ONLINE AT WWW.ADR.ORG, BY CALLING THE AAA AT 1-800-778-7879, OR BY CONTACTING PINCH & PROSPER.

          ALL ISSUES ARE FOR THE ARBITRATOR TO DECIDE, INCLUDING THE SCOPE AND ENFORCEABILITY OF THIS ARBITRATION PROVISION AS WELL AS OTHER TERMS AND CONDITIONS IN THESE TERMS, AND THE ARBITRATOR SHALL HAVE EXCLUSIVE AUTHORITY TO RESOLVE ANY SUCH DISPUTE RELATING TO THE SCOPE AND ENFORCEABILITY OF THIS ARBITRATION PROVISION OR ANY OTHER TERM OF THESE TERMS INCLUDING, WITHOUT LIMITATION, ANY CLAIM THAT ALL OR ANY PART OF THIS ARBITRATION PROVISION OR THESE TERMS IS VOID OR VOIDABLE. HOWEVER, IF PUTATIVE CLASS OR REPRESENTATIVE CLAIMS ARE INITIALLY BROUGHT BY EITHER PARTY IN A COURT OF LAW, AND A MOTION TO COMPEL ARBITRATION IS BROUGHT BY ANY PARTY, THEN THE COURT SHALL DECIDE WHETHER THESE TERMS PERMIT CLASS OR REPRESENTATIVE PROCEEDINGS. FOR THE AVOIDANCE OF DOUBT, THE COURT AND ARBITRATOR SHALL BE BOUND BY THESE TERMS, INCLUDING WITH REGARD TO THE CLASS ACTION WAIVER PROVISION BELOW. IN ANY ARBITRATION, THE ARBITRATOR SHALL FOLLOW THE APPLICABLE LAW. THE ARBITRATOR SHALL NOT HAVE THE POWER TO COMMIT MANIFEST ERRORS OF LAW OR LEGAL REASONING, AND ANY AWARD RENDERED BY THE ARBITRATOR THAT EMPLOYS A MANIFEST ERROR OF LAW OR LEGAL REASONING MAY BE VACATED OR CORRECTED BY A COURT OF COMPETENT JURISDICTION FOR ANY SUCH ERROR.

          DURING THE ARBITRATION, THE AMOUNT OF ANY SETTLEMENT OFFER MADE BY PINCH & PROSPER OR YOU SHALL NOT BE DISCLOSED TO THE ARBITRATOR UNTIL AFTER THE ARBITRATOR DETERMINES THE AMOUNT, IF ANY, TO WHICH YOU OR PINCH & PROSPER ARE ENTITLED. IN ARBITRATION, AND TO THE EXTENT OTHERWISE PERMITTED BY LAW, THE PARTIES MAY EXCHANGE “OFFERS OF COMPROMISE” OR STIPULATE TO JUDGMENTS OR AWARDS IN THE SAME WAY THE PARTIES COULD IN COURT, INCLUDING FOR EXAMPLE, UNDER CALIFORNIA CODE OF CIVIL PROCEDURE SECTION 998 FOR ARBITRATIONS TAKING PLACE IN CALIFORNIA. SUCH OFFERS OF COMPROMISE SHALL HAVE THE SAME FORCE AND EFFECT AS THEY WOULD IN A COURT PROCEEDING. THE ARBITRATION PROCEEDINGS SHALL OTHERWISE REMAIN CONFIDENTIAL, EXCEPT FOR PURPOSES OF SEEKING COURT INTERVENTION (IF NECESSARY).

        3. NOTICE AND PROCESS. A PARTY WHO INTENDS TO SEEK ARBITRATION MUST FIRST SEND TO THE OTHER, BY CERTIFIED MAIL, A WRITTEN NOTICE OF DISPUTE (“NOTICE”). THE NOTICE TO PINCH & PROSPER SHOULD BE ADDRESSED TO: Pinch & Prosper LLC, Attention: ARBITRATION, 4015 Travis Drive Ste 211 #2001, Nashville, TN, 37211 (“NOTICE ADDRESS”) AND MUST BE SIGNED BY YOU PERSONALLY. NOTICE TO YOU FROM PINCH & PROSPER MAY BE TO YOU DIRECTLY, OR IF YOU ARE REPRESENTED BY COUNSEL, TO YOUR LEGAL COUNSEL. THE NOTICE MUST (A) DESCRIBE THE NATURE AND BASIS OF THE CLAIM OR DISPUTE; AND (B) SET FORTH THE SPECIFIC RELIEF SOUGHT (“DEMAND”). IF YOU AND PINCH & PROSPER DO NOT REACH AN AGREEMENT TO RESOLVE THE CLAIM WITHIN THIRTY (30) DAYS AFTER THE NOTICE IS RECEIVED, YOU OR PINCH & PROSPER MAY COMMENCE AN ARBITRATION PROCEEDING PURSUANT TO THE TERMS OF THIS ARBITRATION AGREEMENT.
        4. FEES. IN THE EVENT THAT YOU COMMENCE ARBITRATION IN ACCORDANCE WITH THESE TERMS, PINCH & PROSPER WILL, AT YOUR REQUEST, REIMBURSE YOU FOR YOUR PAYMENT OF THE ARBITRATION FILING FEE, UNLESS YOUR CLAIM IS FOR GREATER THAN $10,000, IN WHICH CASE THE PAYMENT OF ANY FEES SHALL BE DECIDED BY THE AAA RULES. ANY REQUEST FOR PAYMENT OF FEES BY PINCH & PROSPER SHOULD BE SUBMITTED BY MAIL TO THE AAA ALONG WITH YOUR DEMAND FOR ARBITRATION AND PINCH & PROSPER WILL MAKE ARRANGEMENTS TO PAY ALL NECESSARY FEES DIRECTLY TO THE AAA. IN THE EVENT THE ARBITRATOR DETERMINES THE CLAIM(S) YOU ASSERT IN THE ARBITRATION TO BE FRIVOLOUS OR BROUGHT FOR AN IMPROPER PURPOSE (AS MEASURED BY THE STANDARDS SET FORTH IN FEDERAL RULE OF CIVIL PROCEDURE 11(B) OR ITS SUCCESSOR RULE), YOU AGREE TO REIMBURSE PINCH & PROSPER FOR ALL FEES ASSOCIATED WITH THE ARBITRATION PAID BY PINCH & PROSPER ON YOUR BEHALF THAT YOU OTHERWISE WOULD BE OBLIGATED TO PAY UNDER THE AAA’S RULES.

          IF YOUR CLAIM IS FOR $10,000 OR LESS, YOU MAY CHOOSE WHETHER THE ARBITRATION WILL BE CONDUCTED SOLELY ON THE BASIS OF DOCUMENTS SUBMITTED TO THE ARBITRATOR, THROUGH A NON-APPEARANCE BASED TELEPHONIC HEARING, OR BY AN IN-PERSON HEARING AS ESTABLISHED BY THE AAA RULES. ANY IN-PERSON ARBITRATION HEARINGS WILL TAKE PLACE AT A LOCATION TO BE AGREED UPON IN DAVIDSON COUNTY, TENNESSEE. REGARDLESS OF THE MANNER IN WHICH THE ARBITRATION IS CONDUCTED, THE ARBITRATOR SHALL ISSUE A REASONED WRITTEN DECISION SUFFICIENT TO EXPLAIN THE ESSENTIAL FINDINGS AND CONCLUSIONS ON WHICH THE DECISION AND AWARD, IF ANY, ARE BASED. THE ARBITRATOR MAY MAKE RULINGS AND RESOLVE DISPUTES AS TO THE PAYMENT AND REIMBURSEMENT OF FEES OR EXPENSES AT ANY TIME DURING THE PROCEEDING AND UPON REQUEST FROM EITHER PARTY MADE WITHIN FOURTEEN (14) DAYS OF THE ARBITRATOR’S RULING ON THE MERITS.

        5. MASS, COLLECTIVE, OR BATCH ARBITRATION. YOU AND PINCH & PROSPER AGREE THAT ADMINISTRATION OF ANY MASS, COLLECTIVE OR BATCH ARBITRATION SHALL BE GOVERNED BY THE TERMS SET FORTH IN THIS SUBSECTION 10.3(v). You and Pinch & Prosper agree that a “mass, collective, and/or batch arbitration” includes, but is not limited to, instances in which you and others are represented by a law firm or collection of law firms or legal counsel that has filed more than 150 arbitration demands of a substantially similar nature against Pinch & Prosper, alleging similar or identical claims or causes of action, within 180 days of the arbitration demand filed on your or others behalf, and the law firm or collective of legal counsel/law firms seeks to simultaneously or collectively administer and/or arbitrate all the arbitration demands together. If more than 150 arbitration demands of a substantially similar nature, alleging the similar or identical claims or causes of action, are filed against Pinch & Prosper by the same law firm or collection of legal counsel/law firms within 180 days of one another, each arbitration demand must be filed, administered, arbitrated, and resolved pursuant to this subsection 10.3(v).

          Specifically, in order to increase the efficiency of resolution for any mass, collective, and/or batch arbitration, in the event 50 or more similar arbitration demands against Pinch & Prosper are filed within a 180 day period pursuant to the above, the arbitration provider shall (A) group the arbitration demands into batches of no more than 50 demands per group; and (B) provide for resolution of each group or batch as a single arbitration with one set of filing and administrative fees and a single arbitrator assigned per group or batch. You and Pinch & Prosper agree to cooperate in good faith with the arbitration provider to implement the aforementioned protocol for mass, collective, and/or batch arbitrations with regard to resolution, fees and administration. If subsections 10.3(v)(A) or 10.3(v)(B) are not enforced, or the arbitration provider refuses to follow these specific mass, collective, and/or batch arbitration protocols, then each arbitration demand must be filed, administered, arbitrated, and resolved individually, or the parties agree to seek out a different, mutually agreeable and widely-recognized arbitration organization agreeable to follow subsections 10.3(v)(A) or 10.3(v)(B). If any other portion of this subparagraph 10.3(v) is found to be unenforceable, then the unenforceable portion of the provision shall be stricken, and the remainder of subparagraph 10.3(v) and this Arbitration Agreement shall be enforced to the maximum extent permitted by law. Mass, collective, and/or batch arbitrations shall otherwise be subject to all other substantive and procedural terms contained within this Arbitration Agreement.

        6. Discovery. Discovery and/or the exchange of non-privileged information relevant to the dispute will be governed by the AAA Rules.
        7. Injunctive Relief. Notwithstanding the Arbitration Agreement, you acknowledge that money damages are an inadequate remedy for unauthorized access to or use of the Services or your breach of any provisions in the Terms relating to Pinch & Prosper’s intellectual property rights, and any such breach would result in irreparable harm to Pinch & Prosper. Accordingly, in the event of any such actual or threatened breach, Pinch & Prosper may, in addition to any other rights or remedies available to Pinch & Prosper at law or equity, seek specific performance or injunctive relief without the posting of a bond.
        8. Modifications. If Pinch & Prosper makes any future change to this Arbitration Agreement (other than a change to the Notice Address) after your enrollment in a service or program or your use of the Services, you may reject any such change and require Pinch & Prosper to adhere to the language in this arbitration provision as written at the time of your enrollment or purchase if a dispute between us arises, by sending us written notice within thirty (30) days of the change to the Notice Address provided above. You acknowledge and agree that, in the event you reject any future change, your account with Pinch & Prosper shall be immediately terminated and you will arbitrate any dispute between us in accordance with the language of this provision as written at the time of your enrollment or subscription.
      5. Severability and Enforceability. If an arbitrator or court decides that any part of this Section 10.3 is invalid or unenforceable, the other parts of this Section 10.3 shall still apply. If the entirety of this Section 10.3 is found to be unenforceable, then the parties agree that the exclusive jurisdiction and venue described in Section 10.2 shall govern any action arising out of or related to the Terms, and that the remainder of the Terms will continue to apply.
      6. Time Limit on Claims Against us. To the maximum extent permitted by applicable law, you agree that regardless of any statute or law to the contrary any claim or clause of action arising out of or related to your access to or use of the Services, or these Terms with us must be filed within one (1) year after such claim arose.
    4. Notice to California Residents. Under California Civil Code Section 1789.3, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding our Services.
    5. Export. The Site may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from Pinch & Prosper, or any products utilizing such data, in violation of the United States export laws or regulations.
    6. Electronic Communications. The communications between you and Pinch & Prosper use electronic means, whether you use the Site or send us emails, or whether Pinch & Prosper posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Pinch & Prosper in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Pinch & Prosper provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in a hardcopy writing. The foregoing does not affect your non-waivable rights.
    7. Entire Terms. These Terms, the Privacy Policy, and any order forms or other payment obligations you enter into with us constitute the entire agreement between you and us regarding the use of the Services. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The words “include,” “includes,” and “including” are hereby deemed to be followed by the phrase “without limitation.” The word “will” is hereby deemed to be construed to have the same meaning and effect as the word “shall.” The term “or” will be interpreted in the inclusive sense commonly associated with the term “and/or.” Any definition of or reference to any agreement, instrument, or other document herein will be construed as referring to such agreement, instrument, or other document as from time to time amended, supplemented, or otherwise modified (subject to any restrictions on such amendments, supplements or modifications set forth herein). References to any specific law, rule or regulation, or section or other division thereof, will be deemed to include the then-current amendments thereto or any replacement or successor law, rule or regulation thereof. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Pinch & Prosper is that of an independent contractor, and neither party is an agent or partner of the other. You acknowledge and agree that in no event shall Pinch & Prosper owe you any enhanced or special duties, express or implied, in fact or by law, whether referred to as a special relationship, fiduciary, relationship or otherwise. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Pinch & Prosper’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Pinch & Prosper may freely assign these Terms without your prior consent. The terms and conditions set forth in these Terms shall be binding upon assignees. You agree that for any document or electronic information delivered through the Services that by “clicking” on the designated spaces in or relating to such document shall be deemed to be “in writing” and to have been “signed” and delivered for all purposes by you. Any record of such confirmation (including electronic records) shall be deemed to be “in writing.” You further agree that you shall not contest the legally binding nature, validity or enforceability of any document or confirmation based on the fact that it has been executed by “clicking” on the designated spaces and expressly waives all rights you may have to assert such a claim.
    8. Force Majeure. We shall not be responsible to you or any third party entity or individual for any delay or failure in any performance due to acts of God, war, warlike conditions, blockade, embargoes, riots, government action, labor disturbances, unavailability of anticipated usual means of supplies, wrecks, epidemics, pandemics, quarantine, fire, explosion, earthquake, unusually severe weather, natural disaster, terrorism, riots, governmental entities, default of suppliers (including third-party hosting providers, payment processors, and other service vendors), damage to machinery or equipment, any disruption in transportation, communications, electric power or other utilities, or other vital infrastructure, any means of disrupting or damaging internet or other computer networks or facilities, any unforeseen change in circumstances, or any other causes beyond our commercially reasonable control.
    9. Copyright/Trademark Information. Copyright © 2026 Pinch & Prosper LLC. All rights reserved. All trademarks, logos, and service marks (“Marks”) displayed on the Site or within the Services are our property or the property of third parties. You are prohibited from using these Marks without our prior written consent or the consent of such third party which may own the Marks.
    10. Contact Information.

      Address:

      Pinch & Prosper LLC

      4015 Travis Drive Ste 211 #2001, Nashville, TN, 37211

      Email: inquire@pinchnprosper.com