General Terms and Conditions
1.1. These Terms and Conditions (the "Terms") govern your rights and obligations in connection with the use of services provided by the Company ("Services"), offered primarily through the Company website (the "Website"). The Terms also incorporate, by reference, all operating rules, policies (including the Privacy Policy), procedures, guidelines, and any future modifications or updates published by the Company or made available on the Platform or through the Services (collectively, the "Supplemental Policies"). The Terms and the Supplemental Policies together form the entire agreement between you and the Company regarding your use of the Services.
1.2. By registering on the Website, or where registration is not required, by your first use of the Services, you enter into a binding contract with the Company. These Terms form an integral part of that contract, and by using the Services, you expressly agree to be bound by these Terms.
1.3. The Services are intended only for persons over 18 years of age and, where applicable, residing in jurisdictions where the Services may be lawfully provided. By accessing or using the Services, you confirm that you are over 18. If you are under 18, you may not access or use the Services.
1.4. Use of the Services constitutes acceptance of these Terms. Continued use after any modifications constitutes acceptance of the updated Terms.
1.5. None of the Services constitute investment advice or investment services under any applicable law. The Company does not provide guidance, instructions, or recommendations on how you should perform transactions, nor does it accept such guidance from you. No employee, staff member, or representative of the Company is authorized to provide investment advice or recommendations, and any such statements are expressly disclaimed.
1.6. These Terms apply in addition to any other agreements, rules, or policies that the Company has provided or made available to you, all of which are incorporated herein by reference. In the event of any conflict between these Terms and any such incorporated documents, these Terms shall prevail unless expressly stated otherwise in writing.
For the purposes of these Terms, the following definitions shall apply:
Account: Your user account (evaluation, funded, or otherwise) on the Platform.
Account Limits means the maximum number and size of accounts a User may hold, as published by the Company and updated from time to time.
Authorized Trader: A user permitted to access and execute trades on a simulated trading account provided by the Company.
Company / We / Us: MyFunded Futures, LLC, and any relevant successors and assigns.
Company Products and Content: All materials, content, and intellectual property made available by the Company on or through the Sites or Services, including, without limitation, text, graphics, images, video, audio, software, documentation, logos, trademarks, trade names, service marks, designs, data, and any other proprietary information owned, licensed, or controlled by the Company. "Company Products and Content" does not include the Services themselves or any third-party services.
Drawdown: Loss thresholds for the Account, including daily or trailing limits.
Evaluation Account: A simulated or demo trading account with virtual funds.
Force Majeure Event: As defined in Section 14.
Intellectual Property: The Company's Sites and Services, their contents, or any copyright, trademark, trade name, service mark, or other proprietary information of the Company.
Marks: Collectively, the trademarks, service marks, slogans, logos, trade dress, and other identifiers displayed on the Sites and Services or otherwise used by the Company.
Personal Data: Any information relating to an identified or identifiable natural person, or any information used for behavior profiling of a particular natural person.
Platform: The Company's website, software, applications, and related services.
Prohibited Conduct: Activities that violate these Terms, Trading Rules, or applicable law, and as described in Section 22.
Services: The products, trading programs, or other services offered by the Company, including, as applicable, evaluation simulation programs.
Site: The Company's website(s), platform(s), software, applications, and related online properties through which the Services are made available.
Third-Party Services: Products or services that are not under the control of, maintained by, or otherwise provided by the Company.
Trading Rules: Risk-management rules and restrictions on trading activity applicable to Accounts.
You / Your / User: Any individual or entity using the Platform or Services.
3.1. Use of the Services constitutes acceptance of these Terms.
3.2. The Company may unilaterally amend, modify, or update these Terms at any time, with or without notice.
3.3. Continued use after modifications constitutes acceptance of the new Terms.
3.4. These Terms are to be read in conjunction with other agreements and policies between you and the Company.
4.1. Acknowledgment of Risk: You acknowledge that trading financial instruments, including futures, forex, options, and other leveraged products, involves significant risk of loss, including the potential loss of your entire account balance. Past performance is not indicative of future results.
4.2. Responsibility: You understand and agree that all trading decisions are your sole responsibility, and the Company does not provide investment advice, recommendations, or guarantees of profit.
4.3. You are solely responsible for assessing the suitability of the Services and any financial instruments you trade.
4.4. No Liability for Losses: The Company is not responsible for any gains, losses, or damages arising from your trading activities, reliance on information provided on the Sites or Services, or interactions with other users.
4.5. Simulated Account:
4.5.1. Performance in simulated accounts may not reflect performance in live accounts.
4.5.2. Even if you have a Funded Account, trading losses may still occur, and the Company does not guarantee profits or outcomes.
4.6. Third-Party Data and Services: Any trading or market data provided via the Sites, Services, or Third-Party Services is provided "as is" and may be delayed, inaccurate, or incomplete. The Company does not warrant the accuracy, completeness, or timeliness of such data.
4.7. Assumption of Risk: By using the Sites or Services, you expressly acknowledge that you assume all risks of trading and use of the Services and that the Company shall not be liable for any losses or damages incurred.
4.8. Education and Guidance: The Company may provide educational content, tools, or guidance. Such information is for educational purposes only and should not be construed as financial advice or a guarantee of results.
4.9. All content published and distributed by the Company is intended solely for the study purposes related to trading on financial markets and does not serve in any way as a specific investment recommendation, business recommendation, investment opportunity analysis or similar general recommendation regarding the trading of investment instruments. Trading in financial markets is a high-risk activity and it is advised not to risk more than one can afford to lose. The information in this document is not directed at residents in any country or jurisdiction or Restricted Jurisdiction where such distribution or use would be contrary to local laws or regulations. the Company or its affiliates may:
4.10. Change margin requirements at any time in line with perceived or actual excessive changes in volatility and/or liquidity.
4.11. Cancel orders or trades at any time in line with the perceived or actual risk of nonexecution of stop or limit orders due to market conditions
4.12. The Company is not responsible for the variable spread, liquidity levels, or limit order execution parameters provided by liquidity providers and market makers.
4.13. Please refer to our Risk Disclosure for further information.
5.1. None of the Services constitute investment services under any applicable law.
5.2. The Company does not provide guidance, instructions, or investment recommendations.
5.3. All trading decisions are solely your responsibility.
5.4. Statements by Company employees, staff, or representatives are not investment advice and the Company disclaims responsibility.
5.5. The Company is not a broker-dealer and does not trade on your behalf.
6.1. Recurring billing is authorized by you when subscribing to monthly Services.
6.2. The Company may adjust pricing at its sole discretion, with notice via email or user interface.
6.3. Monthly payments are non-refundable, and cancellations for future payments may be made at any time.
6.4. Only cards registered in your name may be used; third-party cards require verification. Unauthorized cards may result in suspension or termination.
6.5. Cancellations must be submitted at least three (3) business days prior to the next billing cycle.
Refunds and cancellations are governed exclusively by our separate Cancellation & Refund Policy, which is incorporated into these Terms by reference. By purchasing or using any Services, you agree to that policy.
8.1. Incorporation by Reference. Your privacy is important to the Company. Our collection, use, and disclosure of personal information are governed by our Privacy Policy, which is incorporated by reference into these Terms.
8.2. Acknowledgment. By accessing or using the Services, you acknowledge that you have read, understood, and agree to the terms of our Privacy Policy.
8.3. Full Privacy Policy. For detailed information about how we handle your personal information, including your rights and choices, please review the full Privacy Policy available on our website.
8.4. Questions or Concerns. If you have any questions or concerns regarding your personal data or our privacy practices, please contact us using the channels provided in the Privacy Policy.
Our Sites or Services may refer to Third Party Services. These Terms do not apply to such Third Party Services and we encourage you to read the terms and conditions for each website, application, and service you visit, use, or interact with (including, without limitation, Third Party Services). You are responsible for performing your own due diligence and evaluating whether any Third Party Services are appropriate for you. You agree that the Company is not responsible for any injury, harm, damages, or negative experience you may encounter by accessing or using such Third Party Services. If you access, visit, or use any Third Party Services referred to on our Sites or Services, you do so at your own risk.
10.1. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, OR ACCURACY, AS TO THE SITES, SERVICES, CONTENT, OR ANY MATERIALS MADE AVAILABLE THROUGH THE SITES OR SERVICES.
10.2. NO GUARANTEE OF FUNCTION OR ACCURACY. THE COMPANY MAKES NO REPRESENTATION OR WARRANTY THAT THE SITES OR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, TIMELY, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DEFECTS, INTERRUPTIONS, OR INACCURACIES MAY OCCUR, AND THE COMPANY DISCLAIMS ANY LIABILITY FOR THE SAME.
10.3. ALL CONTENT, PRODUCTS, SOFTWARE, OR SERVICE DESCRIPTIONS ON THE SITES OR SERVICES ARE PROVIDED "AS IS" AND MAY CONTAIN INACCURACIES, TYPOGRAPHICAL ERRORS, OR OMISSIONS. THE COMPANY HAS NO OBLIGATION TO CORRECT OR UPDATE SUCH MATERIALS.
10.4. DEVELOPMENTS IN FINANCIAL MARKETS ARE SUBJECT TO FREQUENT AND ABRUPT CHANGES. TRADING ON FINANCIAL MARKETS MAY NOT BE PROFITABLE AND CAN LEAD TO SIGNIFICANT FINANCIAL LOSSES. ANY PREVIOUS PERFORMANCES AND PROFITS OF THE USER'S SIMULATED TRADING ARE NOT A GUARANTEE OR INDICATION OF ANY FURTHER PERFORMANCE.
10.5. NO INVESTMENT OR TRADING ADVICE. THE SITES AND SERVICES DO NOT PROVIDE FINANCIAL, INVESTMENT, OR TRADING ADVICE AND ARE NOT INTENDED TO BE A SUBSTITUTE FOR INDEPENDENT FINANCIAL CONSULTATION.
10.6. THE COMPANY MAKES NO WARRANTY THAT YOUR USE OF THE SITES OR SERVICES WILL RESULT IN PROFITS OR WILL BE LAWFUL OR COMPLIANT IN ANY PARTICULAR JURISDICTION.
10.7. ANY TRADING OR INVESTMENT DECISIONS MADE BASED ON INFORMATION OBTAINED THROUGH THE SITES OR SERVICES ARE MADE ENTIRELY AT YOUR OWN RISK.
10.8. THIRD-PARTY SERVICES AND CONTENT. THE SITES OR SERVICES MAY CONTAIN LINKS TO THIRD-PARTY WEBSITES, SERVICES, OR CONTENT ("THIRD-PARTY SERVICES"). THE COMPANY DISCLAIMS ALL WARRANTIES RELATING TO SUCH THIRD-PARTY SERVICES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR PURPOSE, OR ACCURACY.
10.9. ACCESS OR USE OF THIRD-PARTY SERVICES IS ENTIRELY AT YOUR OWN RISK.
10.10. THE COMPANY MAKES NO WARRANTIES THAT ANY FEATURES, CONTENT, OR INFORMATION WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.
10.11. NO DUTY TO UPDATE. THE COMPANY HAS NO OBLIGATION TO UPDATE OR CORRECT CONTENT OR SERVICES, AND MAY MODIFY, SUSPEND, OR TERMINATE ACCESS TO ANY SITES OR SERVICES AT ANY TIME, WITH OR WITHOUT NOTICE.
10.12. OPINIONS AND EXTERNAL STATEMENT. THE COMPANY DOES NOT WARRANT THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE THROUGH THE SITES OR SERVICES BY ANY PARTY OTHER THAN THE COMPANY.
10.13. MAXIMUM SCOPE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE DISCLAIMERS IN THIS SECTION APPLY TO ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, AND SURVIVE YOUR USE OF, OR INABILITY TO USE, THE SITES OR SERVICES.
10.14. COMMODITY FUTURES TRADING COMMISSION DISCLAIMER. CFTC RULE 4.41 -- ALL HYPOTHETICAL OR SIMULATED PERFORMANCE RESULTS HAVE CERTAIN LIMITATIONS. UNLIKE THE RESULTS SHOWN IN AN ACTUAL PERFORMANCE RECORD, SIMULATED RESULTS DO NOT REPRESENT ACTUAL TRADING. ALSO, BECAUSE 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 OR HYPOTHETICAL 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 BEING SHOWN.
10.15. THE SITES AND SERVICES INCLUDE ACCESS TO TOOLS FOR SIMULATED EXCHANGE TRADING OR TRADING WITH OTHER INSTRUMENTS ON OTHER FINANCIAL MARKETS, THE PROVISION OF ANALYTICAL TOOLS, TRAINING AND EDUCATIONAL MATERIALS, AND OTHER ANCILLARY SERVICES. FINANCIAL MARKET INFORMATION IS USED IN THE SIMULATED TRADING; HOWEVER, YOU ACKNOWLEDGE THAT ANY TRADING THAT YOU PERFORM THROUGH THE SERVICES IS NOT REAL. YOU ALSO ACKNOWLEDGE THAT THE FUNDS PROVIDED TO YOU FOR SIMULATED TRADING ARE FICTITIOUS AND THAT YOU HAVE NO RIGHT TO POSSESS THOSE FICTITIOUS FUNDS BEYOND THE SCOPE OF THEIR USE WITHIN THE SITES AND SERVICES, AND IN PARTICULAR THAT THEY MAY NOT BE USED FOR ANY ACTUAL TRADING AND THAT YOU ARE NOT ENTITLED TO THE PAYMENT OF THOSE FUNDS. UNLESS EXPRESSLY AGREED OTHERWISE, YOU WILL NOT BE PAID ANY REMUNERATION OR PROFITS BASED ON THE RESULTS OF YOUR FICTITIOUS TRADING, NOR WILL YOU BE REQUIRED TO PAY ANY LOSSES.
11.1. Account Ownership and Non-Transferability. Except as expressly permitted in connection with advancement through the Company's trading evaluation programs, you may not transfer, combine, or otherwise attribute your Account performance, service parameters, data, trading history, strategies, or any other information to or with any other Account or User. Accounts are non-transferable and may not be sold, shared, sublicensed, or otherwise assigned.
11.2. Account Security and Login Credentials. Access to your Account and the Services is protected by login credentials ("Login Data"). You agree to maintain the confidentiality of your Login Data and not to make such Login Data available to, or permit access by, any third party.
11.3. Responsibility for Account Activity. You acknowledge and agree that you are solely responsible for all activities that occur through your Account. The Company bears no liability, and you are not entitled to compensation, for any unauthorized access, misuse, or negative consequences arising out of your failure to properly secure your Account, your Login Data, or your devices.
11.4. Trading Activity and Conduct Standards. Users may engage in simulated or live trading (where applicable based on the type of Account), except for any activity that constitutes Prohibited Conduct (as defined in these Terms) or otherwise violates applicable law or the Trading Rules. You agree to follow market-standard principles of prudent trading and risk management at all times. This includes, but is not limited to, maintaining consistency in position sizing, trade frequency, and overall risk exposure. You acknowledge that market-standard risk management is not met when you:
11.4.1. open substantially larger position sizes than typical for your trading history;
11.4.2. open substantially smaller or larger numbers of positions than typical for your trading history; or
11.4.3. engage in activity that is inconsistent, erratic, manipulative, or abusive.
11.5. Monitoring, Data Access, and Internal Use. You acknowledge and agree that the Company has full access to all information and data generated through your use of the Sites, Platform, and Services, including trading activity, orders, executions, account behavior, and other inputs ("User Data"). You grant the Company the right to collect, access, analyze, retain, process, share with affiliates, and use such User Data for any internal, operational, business, compliance, or risk-management purposes. Such processing may occur automatically, without further notice or consent, and you are not entitled to any compensation or revenue derived from the Company's use of such User Data.
11.6. Accuracy of Information. You represent and warrant that all information you provide to the Company is true, accurate, current, and complete, and you agree to promptly update such information as necessary. Providing false, misleading, incomplete, or outdated information constitutes a violation of these Terms and may result in suspension or termination of your Account.
11.7. No Reliance; No Responsibility for Displayed Information. You acknowledge that the Company makes no warranty regarding the accuracy, completeness, timeliness, or reliability of market data, prices, charts, indicators, analytics, or other information displayed through the Sites or Services. The Company shall not be liable for:
11.7.1. delays, interruptions, inaccuracies, or errors in market data or other displayed information;
11.7.2. any trading or business decisions made in reliance on such information; or
11.7.3. any losses arising from technical issues, connectivity, latency, or outages.
11.8. Compliance With Applicable Law. You agree to use the Sites and Services only in compliance with applicable law, including trading regulations, anti-money laundering (AML) laws, sanctions restrictions (including OFAC sanctions regimes), and any jurisdiction-specific rules that pertain to your access or use of the Services.
12.1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER THE COMPANY NOR ITS AFFILIATES, OR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, SUBSIDIARIES, OR AGENTS SHALL BE LIABLE FOR:
12.1.1. Any direct, indirect, incidental, special, consequential, punitive, or exemplary damages, including lost profits, trading losses, or loss of data.
12.1.2. Any loss or damage arising from:
12.1.2.1. Technical or mechanical failures, communication or power failures, server or software malfunctions, unauthorized access, or operator errors.
12.1.2.2. Third-party trading platforms or services, or actions of any third party.
12.1.2.3. Government restrictions, regulatory actions, or suspension of trading.
12.1.2.4. Force Majeure Events.
12.1.2.5. Suspension, modification, or discontinuation of Services.
12.2. No Liability for Trading Losses. The Company shall not be responsible for any financial losses, lost opportunities, or damages arising from your use of the Services, reliance on information, or trading activities.
12.3. Simulated account performance does not guarantee live trading results.
12.4. Cumulative Limit. In jurisdictions where limitation of liability is permitted, the Company's total liability is limited to the amount paid by you for Services in the 12 months preceding the claim.
12.5. Assumption of Risk. You acknowledge and agree that all use of the Services and Sites is at your own risk. You are solely responsible for all decisions, actions, and trading outcomes.
12.6. Waiver. By using the Services, you waive any right to recover indirect, incidental, consequential, or punitive damages, even if the Company has been advised of the possibility of such damages.
13.1. You agree to indemnify, defend, and hold harmless the Company and its affiliates, officers, directors, employees, contractors, agents, and representatives (collectively, the "Indemnitees") from and against any and all claims, demands, liabilities, losses, damages, judgments, fines, penalties, costs, and expenses, including reasonable attorneys' fees and court costs, arising out of or relating to:
13.1.1. Your use of the Services or Sites, including trading activities, communications, or interactions with other users.
13.1.2. Your violation of these Terms, any applicable laws, regulations, or third-party rights.
13.1.3. Your engagement in Prohibited Conduct, fraudulent, misleading, or unlawful activity.
13.1.4. Your submission of inaccurate, incomplete, or outdated information to the Company.
13.1.5. Your reliance on or use of content, information, or advice provided through the Sites or Services.
13.2. Scope of Indemnification. The obligations under this Section apply regardless of whether the claim arises from the negligence, fault, or strict liability of the Company or its affiliates. You also agree to reimburse the Indemnitees for any losses, damages, or expenses incurred as a result of investigations, legal proceedings, or enforcement actions related to your conduct.
13.3. Defense of Claims. The Company may, at its sole discretion, assume the exclusive defense and control of any matter subject to indemnification, and you agree to fully cooperate with the Company in the defense of such claims. You may not settle or resolve any claim on behalf of the Company without the Company's prior written consent.
13.4. Survival. The obligations in this Section survive the termination or expiration of these Terms, your use of the Services, and any account closure.
13.5. No Limitation. Indemnification under this Section is in addition to, and not a limitation of, any other rights or remedies available to the Company under these Terms or at law.
14.1. A "Force Majeure Event" means any event or circumstance beyond the Company's reasonable control, including, without limitation: strikes, lock-outs, or other industrial action by third parties; civil commotion; pandemics or epidemics; riot; government orders or actions; invasion; terrorist attacks or threats; war (declared or undeclared) or threat thereof; fire; explosion; storm; flood; earthquake; subsidence; natural disasters; failure of public or private telecommunications or internet networks; failure or impossibility of railways, shipping, aircraft, motor transport, or other public or private transportation; or other acts of God.
14.2. Effect on Obligations. The Company shall not be liable for any failure or delay in performance caused directly or indirectly by a Force Majeure Event.
14.3. Obligations affected by a Force Majeure Event are suspended for the duration of the event, and the Company may resume performance once reasonably practicable.
14.4. Limitation of Liability. The Company is not responsible for any losses, damages, or claims arising from interruptions, delays, or failures in the Sites or Services due to a Force Majeure Event.
14.5. Users acknowledge that Force Majeure events may impact trading, access to accounts, communications, or other aspects of Services, and all such risks are assumed by the user.
14.6. Notification. While the Company is not obligated to provide notice, it may, at its discretion, inform users of significant disruptions or delays caused by a Force Majeure Event.
14.7. Right to Modify or Suspend. The Company reserves the right to modify, suspend, or terminate the Sites or Services, in whole or part, during or following a Force Majeure Event, without liability.
15.1. Prohibited Actions. If you violate any provision of these Terms, including:
15.1.1. Accessing the Sites or Services in conflict with the Terms;
15.1.2. Providing incomplete, untrue, or non-updated information;
15.1.3. Acting in a manner that may cause reputational or financial harm to the Company;
15.1.4. Violating Trading Rules or engaging in Prohibited Conduct;
The Company may take any combination of corrective actions at its discretion.
15.2. Corrective Actions. Actions may include, without limitation:
15.2.1. Partial or complete restriction of access to the Sites or Services;
15.2.2. Temporary suspension or permanent termination of accounts;
15.2.3. Withholding or forfeiture of funds, payouts, or rewards;
15.2.4. Reporting to legal authorities or regulatory bodies;
15.2.5. Pursuit of legal remedies, including claims for damages or injunctive relief.
15.3. No Refund or Compensation. You acknowledge that any action taken by the Company under this section does not entitle you to any refund, compensation, or damages, whether direct, indirect, or consequential.
15.4. Ongoing Liability. Even after restriction, suspension, or termination, you remain liable for violations, including breaches of intellectual property rights, confidentiality, indemnification, and limitations of liability.
15.5. Company Discretion. The Company has sole and absolute discretion in determining whether a violation has occurred and what actions are appropriate.
16.1. Right to Terminate or Suspend. The Company may suspend, restrict, or terminate your access to the Sites or Services, in whole or in part, at any time and for any reason, including, without limitation:
16.1.1. Violation of these Terms, Trading Rules, or other agreements or policies;
16.1.2. Conduct that the Company reasonably believes may harm, disrupt, or pose a risk to the Company, its Services, users, or affiliates; Non-payment or
16.1.3. failure to comply with any financial obligations;
16.1.4. Suspected fraudulent, abusive, or illegal activity.
16.2. Immediate Effect. Termination or suspension may occur without prior notice, at the Company's discretion, and may result in immediate loss of access to your account, Services, and any related data.
16.3. Effect of Termination. Termination does not relieve you of any obligations incurred prior to termination, including outstanding fees, indemnification obligations, or liability for Prohibited Conduct. The Company may retain, archive, or delete any account information or content in its sole discretion.
16.4. Survival. Provisions regarding liability, indemnification, intellectual property, dispute resolution, waiver of class action, risk acknowledgment, and governing law survive termination.
16.5. Violation of these terms. IF THE USER VIOLATES ANY PROVISION OF THESE TERMS INCLUDING BY ACCESSING THE SERVICES IN CONFLICT WITH THEST TERMS, PROVIDING INCOMPLETE, UNTRUE OR NON-UPDATED INFORMATION, ACTING IN A MANNER THAT (A) MAY CAUSE THE COMPANY RISK OF OR ACTUAL REPUTATIONAL DAMAGE, OR (B) VIOLATES THE TRADING RULES, THE COMPANY MAY PREVENT COMPLETELY OR PARTIALLY RESTRICT YOUR ACCESS TO ANY OR ALL OF THE SITES AND/OR SERVICES, WITHOUT ANY PRIOR NOTICE AND WITHOUT ANY COMPENSATION OR REFUNDS.
These Terms and your use of the Sites and Services are governed by and construed in accordance with the laws of the State of Texas, without regard to conflict-of-law principles.
Subject to the arbitration provisions in Section 19, the parties agree that any action or proceeding arising out of or relating to these Terms or the Services shall be brought exclusively in the state or federal courts located in Fort Worth, Texas. You hereby submit to the personal jurisdiction of such courts and waive any objection to venue or inconvenient forum.
Any dispute, claim, or controversy arising out of or relating to these Terms, including the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of these terms to arbitrate, shall be resolved by final and binding arbitration administered by JAMS in accordance with its Streamlined Arbitration Rules and Procedures, conducted by one neutral arbitrator in Fort Worth, Texas. Judgment on the award may be entered in any court having jurisdiction. The parties shall evenly share the costs of arbitration.
19.1. This arbitration provision shall not preclude either party from seeking provisional, interim, or injunctive relief in aid of arbitration from a court of appropriate jurisdiction prior to or during the arbitration process.
19.2. In any arbitration or litigation concerning this Agreement, the prevailing party shall be entitled to recover all costs, fees, and expenses incurred, including reasonable attorneys' fees. The arbitrator shall have the authority to award any remedy or relief that a court of competent jurisdiction could grant, provided that punitive damages shall not be awarded.
19.3. The parties agree that:
19.3.1. No arbitration proceeding shall be certified as a class action or proceed on behalf of the general public, other users, or similarly situated persons;
19.3.2. No arbitration proceeding shall be consolidated or joined with any other arbitration proceeding; and
19.3.3. All disputes must be arbitrated on an individual basis, and each party expressly waives any right to participate in a class action.
19.4. The parties shall maintain the confidentiality of the arbitration proceedings and award, including the hearing, except as necessary to prepare for or conduct the arbitration, or as required by applicable law or judicial decision. The provisions of this Section may be enforced in any court of competent jurisdiction, and the parties submit to the personal jurisdiction of the courts in Fort Worth, Texas for purposes of enforcement.
You acknowledge that you are giving up the right to participate in a class or jury trial voluntarily and knowingly, and that this is an essential condition of accessing the Sites and Services.
21.1. The Company Sites or Services and their entire contents, features, and functionality (including all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof), are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws and treaties. You shall not challenge the ownership or rights in the Company's Sites or Services or any component thereof.
21.2. You are granted a personal, nonexclusive, nontransferable, nonsublicensable, nonassignable, limited, and revocable right to access, use, display, and navigate our Sites and Services solely for your personal, non-commercial, and non-public use. You shall not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of our Content, except for your personal, non-commercial, and non-public use. You shall not access or use for any commercial purposes any part of the Company Products and Content.
21.3. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the the Company Products and Content in breach of these Terms, your right to use the the Company Products and Content will cease immediately, and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Company Products and Content is transferred to you, and all rights not expressly granted herein are reserved by the Company. ALL RIGHTS RESERVED.
21.4. Any use of the Company Products and Content not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, trade secret, and other laws.
21.5. The Marks displayed on our Sites and Services are the property of the Company, unless otherwise disclosed, and any and all rights not expressly granted herein are reserved. ALL RIGHTS RESERVED. You are prohibited from using, removing, or altering any Marks for any purpose including use on other materials, in presentations, as domain names, or as meta-tags, without our written permission.
21.6. Except as expressly provided above, no portion of the Company Products and Content or any Content may be reproduced, altered, removed, transmitted, published, or distributed, whether electronically, mechanically, by photocopy, recording, or otherwise, without the prior written permission of the Company. Use of any Company Marks as metatags on any third-party site is strictly prohibited. You may not co-brand our Sites or display our Sites in frames (or any of the Content via in-line links) without prior written permission from the Company. You agree to cooperate with the Company in causing any unauthorized co-branding, framing, or linking to immediately cease. You may not remove, modify, or alter any copyright, trademark, or patent notice from any product delivered by us. You agree not to undertake any action that will interfere with or diminish our right, title, or interest in our Intellectual Property.
22.1. You agree not to engage in any of the following conduct while using the Sites or Services:
22.1.1. Illegal or Unlawful Activities. Using the Sites or Services for any activity that violates applicable laws, rules, or regulations, including, without limitation, financial, securities, anti-money laundering, and anti-fraud laws.
22.1.2. Trading Violations. Violating Trading Rules, including exceeding drawdown limits, unauthorized trading strategies, or attempting to manipulate trading outcomes.
22.1.3. Creating, registering, operating, or benefiting from multiple accounts in violation of the Company's Account Limits or for the purpose of circumventing Trading Rules, risk limits, evaluation requirements, or payout limits. While Users may lawfully purchase and maintain multiple evaluation or funded accounts within the Account Limits published by the Company, all such accounts must belong to the same verified individual. It is prohibited to:
22.1.3.1. create or use accounts under different names, identities, emails, or personal information (real or fictitious);
22.1.3.2. operate or trade on behalf of another person's account, or permit another person to operate or trade on your account;
22.1.3.3. use multiple accounts to hedge, mirror, copy, or coordinate trades in a manner that provides an unfair advantage or manipulates simulated results;
22.1.3.4. exceed the maximum number or size of accounts authorized for a User; or
22.1.3.5. otherwise use multiple accounts in a manner that violates these Terms or the Account Limits.
22.1.4. Fraud, Misrepresentation, and Misuse. Providing false, misleading, incomplete, or inaccurate information to the Company; Impersonating another person or permitting another person to use your account; Using another person's account without permission; Attempting to reverse engineer, hack, or exploit any aspect of the Sites or Services.
22.1.5. Interference with Platform Operations. Interfering with, damaging, or disrupting the Sites, Services, or any third-party services; Circumventing security features, authentication, or monitoring mechanisms.
22.1.6. Introducing viruses, malware, or other harmful components.
22.1.7. Unauthorized Access or Sharing. Copying, distributing, or sharing access to the Sites or Services in violation of these Terms.
22.1.8. Using the Services for commercial purposes without prior written consent.
22.1.9. Harassment, Threats, or Harm to Others. Harassing, threatening, or causing harm to other users, staff, or third parties. Engaging in conduct that could damage the Company's reputation, goodwill, or operations.
22.1.10. Abuse of Third-Party Services. Accessing or using Third-Party Services in ways that violate their terms or applicable law. Attempting to link, co-brand, or frame content from Third-Party Services without authorization;
22.1.11. Any other type of behavior that the Company deems, in its sole and reasonable discretion, to be unlawful, unethical, deceptive, manipulative, high-risk, or otherwise posing an undue risk to the Company, other users, or the stability, security, or integrity of the Platform or Services.
22.2. Consequences of Prohibited Conduct. The Company may restrict, suspend, or terminate your access to the Sites or Services, without prior notice, and without refund or liability. The Company may take any legal action it deems necessary to protect its rights, interests, or Users.
22.2.1. Further, if you engage in any of Prohibited Conduct, the Company may (a) consider it as a failure to meet the conditions of the particular rules, (b) remove the transactions that violate the prohibition from your trading history and/or not count their results in the profits and/or losses achieved by such simulated trading, or (c) immediately cancel all Services provided to you and subsequently terminate your Account. If the User engages in any Prohibited Conduct, the Company may prevent the User from accessing any or all Sites and Services, including the Account, without any compensation or refunds. the Company is not responsible for trading or other investment activities performed by you or otherwise related to the Services in real trading on financial markets, except as expressly agreed upon pursuant to any supplemental or separate written agreement.
22.3. The Company reserves the right to determine, at its own discretion, whether certain trades, practices, strategies, or situations are Prohibited Conduct.
Restricted participants may only access simulated accounts, with limited payouts. You may not access or use the Company's Sites or Services if you are located in, a national or resident of, or otherwise subject to the laws of any country, territory, or jurisdiction where access or use is prohibited by applicable law, rule, or regulation, including sanctions administered by the Office of Foreign Assets Control (OFAC) of the U.S. Department of the Treasury or similar authorities (each, a "Restricted Jurisdiction"). You represent and warrant that you are not a person or entity listed on any U.S. or international sanctions list, including the Specially Designated Nationals and Blocked Persons List maintained by OFAC, and that you will not use the Company's Sites or Services in violation of any sanctions laws or regulations. The Company reserves the right, in its sole discretion, to restrict, suspend, or terminate your access to Sites or Services if it determines that your use may result in non-compliance with applicable sanctions or trade restriction laws.
All notices to users will be delivered electronically, via email, or through the Sites or Services.
If any provision of these Terms is ruled invalid or otherwise unenforceable, it shall be deemed amended in order to achieve as closely as possible the same effect as originally drafted. Any invalid or unenforceable portion should be construed as narrowly as possible in order to give effect to as much of these Terms as possible.
26.1. Relationship of the Parties. Nothing in these Terms shall create or be deemed to create a partnership, agency, trust arrangement, fiduciary relationship, or joint venture between you and the Company.
26.2. Neither you nor the Company shall have any right, power, or authority to act or create any obligation, express or implied, on behalf of the other party.
26.3. Injunctive Relief. You agree that breach of these Terms would cause irreparable harm and significant injury to the Company that would be difficult to ascertain and not compensable by damages alone. Accordingly, you agree that the Company has the right to enforce the provisions of these Terms by injunction (without necessity of posting bond), specific performance, or other equitable relief, without prejudice to any other rights and remedies the Company may have for your breach.
26.4. Operational Discretion. The Company reserves the right, at any time and in its sole discretion, to:
26.4.1. Modify, suspend, or discontinue the Sites or Services, or any service, content, feature, or product offered through the Sites or Services, with or without notice;
26.4.2. Charge fees in connection with the use of the Sites and Services;
26.4.3. Modify and/or waive any fees charged in connection with the Sites or Services; and/or
26.4.4. Offer opportunities to some or all users of the Sites or Services.
26.4.5. You agree that the Company shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Sites or Services, or any service, content, feature, or product offered through the Sites or Services.
27.1. Acceptance by Use. By accessing or using the Sites or Services in any way, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as any other agreements, policies, or procedures referenced herein.
27.2. If you do not agree to these Terms, you must immediately discontinue use of the Sites and Services.
27.3. Reference to Other Agreements. These Terms are to be read in conjunction with any other agreements, rules, or policies applicable to your use of the Sites or Services, including, without limitation, the Privacy Policy and Trading Rules.
27.4. Modifications. the Company reserves the right, in its sole discretion, to modify, amend, or update these Terms at any time, with or without notice. Your continued use of the Sites or Services following any such modifications constitutes your acceptance of the updated Terms. It is your responsibility to review these Terms regularly for any updates.