Welcome to thefundedtraderprogram.com. The thefundedtraderprogram.com website and all services and interactions with The Funded Trader (collectively, the “Site”) is comprised of various web pages operated by The Funded Trader LLC (“The Funded Trader”). The Site is made available to you conditioned on and subject to your acceptance without modification of the terms, conditions, and notices contained herein (collectively, “Terms”). Your use of the Site constitutes your acceptance of and agreement to all such Terms. Please read these Terms carefully and keep a copy of them for your reference. These Terms are applicable for all services provided by The Funded Trader and this “Site.”
thefundedtraderprogram.com is an E-Commerce Site.
The products and services offered on this Site are not in any way intended to be considered an investment. The Funded Trader provides various evaluation plans and programs intended for traders to try proving their skills in trading by passing evaluations with specific goals that must be achieved in order to pass the evaluations.
Privacy
Your use of the Site is subject to The Funded Trader’s Privacy Policy, as amended from time to time. Please review our Privacy Policy Statement, which follows as Appendix I and also informs users of our data collection, sharing and dissemination practices.
Electronic Communications
Visiting this Site or sending emails to The Funded Trader constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on this Site, satisfy any legal requirement that such communications be in writing.
Your Account
If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that The Funded Trader is not responsible for third party access to your account that results from theft or misappropriation of your account. The Funded Trader and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
For any evaluation programs that a user is provided through this Site, under no circumstances may the user change the password to the demo trading account. Any changes of the password constitutes a breach of these Terms and The Funded Trader will consider and treat such user’s evaluation as having failed.
Evaluation Demo Account Terms
Evaluation accounts provided by The Funded Trader are demo accounts only, are not live actual trading and are subject to 1:200 FOREX leverage. Any other leverage amount, provision or level is subject to the sole determination and judgment of The Funded Trader and what is deemed reasonable by The Funded Trader in its sole discretion to provide to users.
Minors
The Funded Trader does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under the age of eighteen, you may use t this Site only with permission of a parent or legal guardian.
Links to Third Party Sites/Third Party Services
thefundedtraderprogram.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of The Funded Trader and The Funded Trader is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. The Funded Trader is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by The Funded Trader of any site or any association with its operators.
Certain services made available via thefundedtraderprogram.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the thefundedtraderprogram.com domain, you acknowledge, agree and consent that The Funded Trader may share such information and data with any third party with whom The Funded Trader has a contractual relationship to provide the requested product, service or functionality on behalf of thefundedtraderprogram.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use thefundedtraderprogram.com strictly in accordance with these Terms. As a condition of your use of the Site, you warrant to The Funded Trader that you will not use the Site for any purpose that is unlawful or prohibited by these Terms or any applicable law, regulation or requirement to which The Funded Trader or you is or may be subject. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of The Funded Trader or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. The Funded Trader materials and Site content are not for resale, and by accessing the Site you acknowledge and agree that you will not resell, redistribute or otherwise use or attempt to use the Site or its contents in any manner or for any purpose except as permitted or authorized by The Funded Trader. Your use of the Site does not entitle you to make any unauthorized use of any content, and without limiting the foregoing, in particular you will not delete, alter or otherwise modify or attempt to modify any proprietary rights or attribution notices in any content. You will use protected content solely for your personal non-commercial use and will make no other use of the content without the express written permission of The Funded Trader and the copyright owner. You agree that you do not acquire any ownership rights in or claims to any Site content. We do not grant you any licenses, express or implied, to the intellectual property of The Funded Trader or our licensors except as expressly authorized by these Terms.
International Users
This Site is controlled, operated and administered by The Funded Trader from our offices in the USA. If you access the Site from a location outside the USA, you are responsible for compliance with all applicable laws. You agree that you will not use The Funded Trader content accessed through the Site in any country or in any manner prohibited by any applicable laws, regulations or requirements.
Legal and Market Compliance
The Funded Trader takes compliance with relevant laws, regulations, and requirements seriously and asks our customers to do the same. Further, The Funded Trader also respects the functioning of actual markets. As such, any trading practices that interfere with the functioning of actual markets are prohibited on our platform. Such trading practices that do not comply with the functioning of real markets include, but are not limited to:
1. Use of platform or data freezing
2. Use of delayed data feed
3. Trading on delayed charts
4. Trading at a time of significant macroeconomic reports
5. Use of the guarantee of compliance with limit orders
6. Use of hedging trades between accounts
For further guidance on predatory trading practices that do not comply with the functioning of actual markets, visit the link: https://help.thefundedtraderprogram.com/en/articles/5374175-trading-according-to-the-real-market.
Violation of any of these Terms or applicable laws, regulations or requirements in any way may lead to immediate termination of all accounts associated with our services and no refund or payment of any kind will be given. In addition, you may be held civilly and/or criminally liable if you violate these Terms or applicable laws, regulations or requirements.
Indemnification
You agree to indemnify, defend and hold harmless The Funded Trader, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of these Terms or your violation of any rights of a third party or any applicable laws, regulations or requirements. The Funded Trader reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to fully cooperate with The Funded Trader in asserting any available defenses.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms or any provisions hereof, whether in contract, tort, or otherwise, at law or in equity for damages or any other relief, legal or equitable, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties.
The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims with regards to these Terms or any disputes arising as a result of these Terms, whether directly or indirectly, including Tort claims that are a result of these Terms. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision, shall be determined by the arbitrator. This arbitration provision shall survive termination of these Terms.
Any complaints and requests for arbitration must be sent to:
The Funded Trader LLC
14001 W HWY 29 SUITE 102
Liberty Hill, Texas 78642
with an electronic copy to the following email address:
[email protected]
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis. Class arbitrations and class/representative/collective actions are not permitted. ANY PERSON USING OR ACCESSING THIS SITE AGREES THAT SUCH PERSON MAY BRING CLAIMS AGAINST THE FUNDED TRADER ONLY IN SUCH PERSON’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, INCLUDING BUT NOT LIMITED TO A PRIVATE ATTORNEY GENERAL ACTION. Further, unless both you and The Funded Trader agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE MAY INCLUDE INACCURACIES OR ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. THE FUNDED TRADER LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME WITHOUT PRIOR NOTICE.
THE FUNDED TRADER LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. THE FUNDED TRADER LLC AND/OR ITS SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE FUNDED TRADER LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE FUNDED TRADER LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS SITE.
Termination/Access Restriction
The Funded Trader reserves the right, in its sole discretion, to terminate your access to this Site and the related services or any portion thereof at any time, without notice. These Terms are governed by the laws of the Cayman Islands, and you agree that any dispute or disagreement with The Funded Trader, or arising out of or in connection with these Terms, that is not resolved through arbitration as provided herein shall be resolved by the state courts located in Mercer County, New Jersey. You consent to such exclusive jurisdiction and venue of such courts for such purpose. Use of the Site is not permitted in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and The Funded Trader as a result of these Terms or your use of the Site. The Funded Trader’s performance of these Terms is subject to applicable laws, regulations and requirements, and nothing contained in these Terms is in derogation of The Funded Trader’s right to comply with governmental, judicial and law enforcement requests or requirements relating to you or your use of the Site or information provided to or gathered by The Funded Trader with respect to you or such use.
If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision or statement that most closely matches the intent of the original provision and the remainder of these Terms will continue in effect.
Unless otherwise specified herein, these Terms constitute the entire agreement between the user and The Funded Trader with respect to the Site and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and The Funded Trader with respect to the Site. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Changes to Terms
The Funded Trader reserves the right, in its sole discretion, to change the Terms under which this Site is offered. The most current version of the Terms supersede all previous versions. The Funded Trader encourages you to periodically review the Terms to keep informed regarding any updates.
These Terms are effective as of September 27, 2022.
