Terms and Conditions

Last Modified: January 12, 2024

These Terms of Use govern access to and the use of the Sites and Services of TradeDay LLC, an Illinois limited liability company, and its affiliated entities (collectively, “TradeDay”, “we”, “our”, or “us”), by our account holders, users, and visitors (“you”, “your”, or “User”), however such Sites or Services are accessed, including any content, functionality, products and services, information about our products and services, your accounts, and other tools offered.

The TradeDay Sites and Services are offered to you subject to your affirmative and unequivocal acceptance, without modification, of all the Terms in their entirety. When accepted by you, these Terms form a legally binding contract between you and TradeDay. If you are entering into these Terms on behalf of an entity, you represent that you have the legal authority to bind that entity.

PLEASE READ THESE TERMS CAREFULLY. BY REGISTERING FOR, ACCESSING, BROWSING, CREATING AN ACCOUNT, POSTING OR DOWNLOADING CONTENT, OR OTHERWISE USING THE TRADEDAY SITES OR SERVICES OR ENTERING INTO ANY OTHER AGREEMENT WITH US, YOU ACKNOWLEDGE (ON BEHALF OF YOURSELF AND ANY ENTITY YOU REPRESENT) THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, DO NOT ACCESS, BROWSE OR OTHERWISE USE THE TRADEDAY PRODUCTS AND CONTENT. ADDITIONALLY, BY REGISTERING FOR, ACCESSING, BROWSING, CREATING AN ACCOUNT, POSTING OR DOWNLOADING CONTENT, OR OTHERWISE USING THE TRADEDAY SITES OR SERVICES OR ENTERING INTO ANY OTHER AGREEMENT WITH US, YOU ACKNOWLEDGE AND AGREE TO GIVE UP, AND YOU HEREBY WAIVE, ANY RIGHTS TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR REPRESENTATIVE ACTION WITH RESPECT TO ANY DISPUTES OR CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE SERVICES.

Once accepted, these Terms remain effective until terminated as provided for herein. Please check back periodically to review the Terms of Use and our Privacy Policy https://tradeday.com/privacy-policy/, as we reserve the right to modify or change these Terms after providing notice to you. The form of such notice is at our discretion and may include, without limitation, clear and conspicuous messaging or posting on the Sites or Services indicating the Terms of Use have been changed. Any modification or change shall be effective upon such notice. We may, in our sole discretion, elect to suspend or terminate access to, or use of, the TradeDay Products and Content by anyone who violates these Terms.

You may not interfere with the security of, or otherwise abuse the TradeDay Products and Content, or any system resources, services, or networks connected to or accessible through the TradeDay Products and Content. You may only use the TradeDay Products and Content for lawful purposes and are prohibited from using the TradeDay Products and Content in a manner contrary to or in violation of these Terms of Use.

1. DEFINITIONS

“Account” means an account of a User that is registered with TradeDay that has access to specified Services or functionality of Sites of TradeDay.

“Content” means all information and other materials present on the Sites, including, without limitation, the Services, TradeDay’s Products and Content, text, images, photos, trading ideas, publications, opinions, advice, charts, financial information, ratings, and reviews.

“Credit or Debit Card Information” means certain credit card or debit information, as the case may be, including your card number, CVV number, expiration date, phone number, name, billing address, and email address.

“Data” means information generated by you and other Users (whether aggregated or otherwise), including any and all information related to trading activity.

“Designated Agent” means the TradeDay representative designated to receive notification of claimed infringement under the Digital Millennium Copyright Act.

“Fee” means regular payment for using the activated Account.

“Feedback” means your comments, feedback, information, or other materials regarding the Sites and Services.

“Force Majeure Event” means any act or event beyond our reasonable control, including, without limitation, strikes, lock-outs, or other industrial action by third parties, civil commotion, pandemic, riot, government orders, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport, or other means of public or private transport.

“Intellectual Property” means TradeDay’s Sites and Services, their contents, or any copyright, trademark, trade name, service mark or any other proprietary information of TradeDay.

“Linked Website” means any website owned by a third party to which or from which TradeDay’s Site is linked.

“Marks” means, collectively, the trademarks, service marks, slogans, logos, trade dress, and other identifiers displayed on TradeDay Sites and Services, or otherwise used by TradeDay.

“Orders” means requests for subscriptions or other services which are placed through the Sites or Services or through a third-party.

“Personal Data” means any information relating to an identified or identifiable natural person or any information that is used for the behavior profiling of a particular natural person, if that person is identified.

“Services” means, as applicable, our trader evaluation services, simulated trading services, funded account services, or other services offered by an applicable affiliate of TradeDay.

“Funded SIM Account” means an account using real-time simulated Data and any accounts relating to tracking education courses provided by TradeDay. Trades in a simulated account are not made in live markets and do not incur actual profits or losses. Funded SIM Accounts are only available to Users who have passed the Evaluation Challenge, and are governed by a separate agreement between the User and TradeDay.

“Funded LIVE Account” means a futures or options account trading account of the User funded by TradeDay. Funded Live Accounts are only available to Users who have passed the Evaluation Challenge, and are governed by a separate agreement between the User and TradeDay.

“Sites” means TradeDay’s Websites, software, applications, online services, and products.

“System” means the integrated cloud computing solution for providing the TradeDay Services, including applications, software, hardware, databases, interfaces, associated media, documentation, updates, new releases and other components or materials provided therewith.

“Terms” means the terms and conditions contained in these Terms of Use and all other operating rules, policies (including, without limitation, our Privacy Policy https://tradeday.com/privacy-policy/ and any future modifications thereof, and procedures that may be published from time to time on the Sites or Services or made available to you on or through the TradeDay Services.

“Third Party Services” means products or services that are not under the control of or maintained by TradeDay or that are not otherwise provided by TradeDay.

“Evaluation Challenge” means the system of educational materials and access to a Simulated Account used for experiential learning where a User is provided tools to develop trading skills, with such User’s performance being evaluated for the opportunity to get funded with the trading capital of TradeDay or advance to another product or service offered by TradeDay.

“TradeDay Parties” means TradeDay, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors, and partners, and the officers, directors, employees, agents, and representatives of each.

“TradeDay Products and Content” means the Website, Services, System, Content, and all other content, services and/or products available on or through the Sites.

“User Content” means blogs, comments, or other content submitted or posted by a User that is intended for public display on any of TradeDay’s Sites or Services.

“User Credentials” means the unique email/username and password combination.

“User Section” means the user interface located on the Website.

“Website” means the compilation of all web documents (including images, php and html files) made available via the domains www.TradeDay.com, or sub domains or domains with identical names under other top domains and owned by TradeDay.

2. CONTACT INFORMATION/DESIGNATED AGENT

If you have any questions or comments or seek any additional information on TradeDay, please contact Support. You may also call us at +1 (872) 222 7850 or e-mail us at: support@tradeday.com. Inquiries or other correspondence for the Designated Agent should be sent to the above electronic address. You acknowledge that all communication from TradeDay or its affiliates in connection with the provision of Services will take place through your e-mail address, which you register with us. Written electronic communication by e-mail or through the User Section is also considered to be written communication.

 

3. DESCRIPTION OF Services

TradeDay offers a variety of Services and tools through its Website, including the TradeDay Resource Package, and various options under the TradeDay Evaluation Challenge. You can order the Services through the Website by completing the appropriate registration or order form. After registration, we will e-mail you the login details for the User Section and your Account and allow you to access the applicable Sites and Services.

The Services include products that may differ in scope based upon your Account (e.g., by analytical tools available to you, position limits applicable to you, and amount of buying power and margin associated with your account). All Data that you provide to us through registration, your Account, or otherwise must be complete, true, and up-to-date. You must immediately notify us of any change in your Data or update the Data in your Account. You are responsible for all the provided Data being accurate and up-to-date; TradeDay is not obligated to verify the Data. You acknowledge that if you provide an identification number, tax registration number or other similar information in the registration or order form or in Account details, or if you state that you are a legal entity, the provisions of the Terms or the applicable law that grant rights to consumers will not apply to you. 

The fee for the TradeDay Resource Package varies from time to time and is listed on the Website. The Resource Package includes access to all of TradeDay’s webinars, research, news squawk, and content. It does not provide access to the Evaluation Challenge, simulated trading, TradeDay’s Funded SIM Account, or Funded LIVE Account. Access to the TradeDay Resource Package is on a monthly basis and you may cancel at any time.

The fee for the Evaluation Challenge varies according to the option selected and depends on buying powers and parameters that must be fulfilled so that the conditions and objectives of the challenge are met. The fee is paid for allowing you to access the Evaluation Challenge and any Services or educational resources provided in connection therewith. You are not entitled to a refund of the fee, for example, if you cancel your Account or request the cancellation by e-mail, if you terminate the use of the Services prematurely (for example, fails to complete the Evaluation Challenge), you fail to meet the conditions of the Evaluation Challenge, or if you violate the Terms in any manner.

In order to complete and graduate the Evaluation Challenge, you must successfully complete the required educational courses, participate in our simulated trading environment by placing trades, reach profit targets set for you over a minimum 10-day period, all while complying the Trading Rules (the “Rules”) as set forth in the Site. We may amend and update the Rules at any time upon reasonable notice to you. The Rules are set forth on our Site and include:

• Permitted times for trading: Day-trading only and all positions must be closed at least 10 minutes prior to the end of any session;
• Permitted products: All trading must be in TradeDay-approved products, which are CME Exchange Group futures products only; and
• EOD Trailing Drawdown limits: You must not exceed the maximum amount we set for you to lose during the evaluation.

Additional details for each of the Rules are set forth on the Site. You will pass the evaluation when you have achieved the trading objectives without breaking any of the Rules. If you break a Rule during the evaluation you will fail and no longer be eligible for funding. However, you can take the evaluation again by either: (1) purchase a retake, known as a “reset,” the cost of a reset is $99; or (2) waiting for your next subscription payment to go through, which will result in an automatic reset.

If you are successful in graduating from the Evaluation Challenge, you will be offered the opportunity to get funded with the trading capital of TradeDay in a Funded LIVE Account or advance to another product or service offered by TradeDay, such as the Funded SIM Account (pursuant to TradeDay’s sole discretion), either of which shall be governed pursuant to separate or supplemental written agreement.

4. USER Accounts and access

Except as expressly contemplated in advancing past the Evaluation Challenge, you may not transfer or combine your Account’s performance, service parameters, Data, or any other information between products or with any other User.

Access to your Account and the Services is protected by login Data, which you are prohibited from making available to, or sharing with, any third party. If you are registered as a legal entity, the Sites and Services may be used by the User’s employees and representatives. The User is responsible for all activities that are performed through the User’s Account. TradeDay bears no responsibility, and the User is not entitled to any compensation, for any misuse of any part of the Sites and Services, nor is TradeDay responsible for any negative consequences thereof.

You may terminate your Account at any time by cancelling from inside the members area, or emailing support@tradeday.com TradeDay will confirm the receipt of the request to the User by e-mail, and the contractual relationship between the User and TradeDay will be terminated as of the date of the confirmation email. User is not entitled to any refund of any fees or costs, and all fees are final, non-cancelable, and non-refundable.

If you lodge an unjustifiable complaint regarding the paid fee or disputes the paid fee with your bank or payment service TradeDay (e.g., through chargeback services, dispute services, or other similar services), on the basis of which an annulment, cancellation or refund of the fee or any part thereof is requested, TradeDay is entitled, at its own discretion, to stop providing to you any Services and refuse any future provision of any Services.

You acknowledge that in order to use our Services, you must obtain the appropriate technical equipment and software, including third-party software at your own risk and expense. The Website is accessible from the most commonly used web browsers. The internet access, purchase of the equipment, and purchase of the web browser and its updates are at your own risk and expense. TradeDay does not warrant or guarantee that the Services will be compatible with any specific equipment or software.

Participating in any of TradeDay’s Services requires the use of certain third-party platforms and services. You acknowledge that the operators of trading platforms are persons or entities different from TradeDay and that their own terms and conditions and privacy policies will apply when you use their services and products. Before engaging in any of the Services, you are obligated to read those terms and conditions and privacy policies as well as any other requirements they have.

5. ELIGIBILITY

You represent and warrant that you are at least 18 years of age. In jurisdictions, territories, and locations where the minimum age for permissible use of the Sites or Services is greater than 18 years of age, you represent and warrant that you meet the age requirement for the minimum age for permissible use of the Sites or Services. If you are under the minimum age for permissible use of the Sites or Services in your jurisdiction, territory, or location, irrespective of whether your parent or guardian consents to your use of the Site or Services, you may not utilize the Sites or Services.

You represent and warrant that you have not been convicted of a felony, disciplined by the National Futures Association, disciplined by the U.S. Commodity Futures Trading Commission (“CFTC”), or are listed on the OFAC Specially Designated Nationals and Blocked Persons List (or other similar list or designation. You represent and warrant that you do not have an outstanding balance with a trading firm. If any of the above apply to you, you are not eligible to use the Sites or Services.

You are solely responsible for ensuring that these Terms are in compliance with all laws, rules and regulations applicable to you. The right to access the Sites or Services is revoked where these Terms or use of the Sites or Services are prohibited or to the extent offering, sale or provision of the Sites or Services conflicts with any applicable law, rule, or regulation. The Sites or Services are offered only for your use, and not for the use or benefit of any third party.

If you are residing in a jurisdiction that restricts the ability to enter into agreements such as set out in these Terms of Use, you may not enter into this agreement or use the TradeDay Products and Content. Furthermore, if you are residing in a jurisdiction where it is forbidden by law to participate in the activities or services (such as the Sites and Services) offered by the TradeDay Products and Content, you may not enter into this agreement or use the TradeDay Products and Content.  By using the TradeDay Products and Content, you are explicitly stating that you have verified in your own jurisdiction if your use of the TradeDay Products and Content is allowed. We make no—and you acknowledge that we make no—representation that materials on the TradeDay Products and Content are appropriate or available for use in all locations.  Those who choose to access the TradeDay Products and Content do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. We reserve the right to limit the availability of the TradeDay Products and Content, materials, or other items described or offered thereon to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion, and to limit the quantities of any such services, materials, or other item provided.

You may not, without our prior written consent, access TradeDay Products and Content (a) for production purposes, (b) to monitor the availability, performance or functionality of the TradeDay Sites or Services, or (c) for other benchmarking or competitive purposes.

6. REGULATORY DISCLAIMERS – TRADEDAY NOT REGISTERED

You acknowledge and agree that TradeDay is not registered in any capacity with the U.S. Securities and Exchange Commission (“SEC”), the CFTC, or a self-regulatory association such as the National Futures Association or FINRA. We are not a broker-dealer, as such term is used in United States financial services regulations, and that we do not trade securities on our or another party’s behalf as part of the Sites or Services. Nor are we a commodity trading advisor (“CTA”) or Investment Advisor, as we do not directly offer any financial advice of our own as part of the Sites or Services.

THE SITES AND SERVICES ARE NOT, AND MAY NOT BE CONSIDERED, INVESTMENT SERVICES OR COMMODITY TRADING ADVICE. TRADEDAY DOES NOT GIVE OR PROVIDE TO YOU ANY GUIDANCE, INSTRUCTIONS, OR INFORMATION ABOUT HOW OR IN WHICH MANNER YOU SHOULD PERFORM TRANSACTIONS WHEN USING THE SITES, SERVICES OR OTHERWISE, OR ANY OTHER SIMILAR INFORMATION ABOUT THE INVESTMENT TOOLS TRADED, NOR DOES TRADEDAY ACCEPT ANY SUCH GUIDANCE, INSTRUCTIONS, OR INFORMATION FROM YOU. NONE OF THE SITES OR SERVICES CONSTITUTE INVESTMENT OR COMMODITY TRADING ADVICE OR RECOMMENDATIONS. NO EMPLOYEES, STAFF, OR REPRESENTATIVES OF TRADEDAY ARE AUTHORIZED TO PROVIDE SUCH ADVICE OR RECOMMENDATIONS. SHOULD ANY INFORMATION OR STATEMENT OF ANY EMPLOYEE, STAFF, OR REPRESENTATIVES OF TRADEDAY BE INTERPRETED AS SUCH, TRADEDAY EXPLICITLY DISCLAIMS THAT THE SAME IS INVESTMENT ADVICE OR COMMODITY TRADING ADVICE OR RECOMMENDATIONS AND SHALL NOT BE RESPONSIBLE FOR THEM.

ALL CONTENT PRESENT ON THE SITES AND SERVICES IS PROVIDED “AS IS,” WITHOUT ANY WARRANTIES CONCERNING THE CONTENT’S NATURE OR ACCURACY, EITHER WHEN POSTED OR AS A RESULT OF THE PASSAGE OF TIME, AND WITHOUT ANY REPRESENTATIONS OR GUARANTEES, WHETHER EXPRESSED, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NONINFRINGEMENT, THOSE REGARDING AVAILABILITY, QUALITY, ACCURACY, AND ANY ARISING BY OPERATION OF LAW OR FROM A COURSE OF DEALING OR USAGE IN TRADE.

7. SIMLUATED TRADING 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.

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, including in the Funded SIM Account. Financial market information is used in Simulated Trading; however, you acknowledge that any such trading that you perform through the Services is not real. You also acknowledge that the funds provided to you for Simulated Trading and in the Funded SIM Account are fictitious and that you have no right to possess those fictitious funds beyond the scope of their use within the Sites and Services, unless otherwise specified and agreed by TradeDay in the Funded SIM Account Agreement that you execute. Unless expressly agreed in the Funded SIM Account Agreement, you will not be paid any remuneration or profits based on the results of your simulated trading, nor will you be required to pay any losses. Simulated Trading is used primarily as an educational tool and is part of TradeDay’s Evaluation Challenge.

 

8. RELIANCE ON INFORMATION SHOWN ON OUR SITES OR SERVICES

The information presented on or through the Sites or Services includes financial and market information. Such information is made available solely for education, entertainment and general information purposes. We do not warrant the accuracy, completeness, timeliness or usefulness of such information and such information has not been verified. Any reliance you place on such information is strictly at your own risk. We do not invite that any action be taken upon the information we provide. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to our Sites or Services, or by anyone who may be informed of any of its contents.

The information presented has been prepared without regard to individual investment objectives, financial situations or means. Such information is not intended to constitute investment advice and is not designed to meet your personal financial situation. Many of the strategies described on or through our Sites or Services involve significant risks, and any discussion of risks contained on the Sites or Services should not be considered a complete discussion of risks involved. We recommend that you consult with your financial advisers about investment options and whether any investment may be appropriate for your specific needs prior to making any investments. You acknowledge and agree that you have sole responsibility for your investment decisions and that you should not rely solely on any information provided through the Sites or Services with regard to any investment decisions you make.

The information and material provided on the Sites or Services is not to be construed as an offer to buy or sell, or the solicitation of an offer to buy or sell, any security, derivative, financial product, or instrument, or to participate in any particular trading strategy.

We use reasonable efforts to maintain the Sites or Services, but we are not responsible for any defects or failures associated with the Sites or Services, any content posted on the Sites or Services, any widgets or similar applications use, or any damages (including lost profits or other consequential damages, even if we have been informed of the same) that may result from any such defects or failures. The Sites or Services may be inaccessible or inoperable for any reason, including, without limitation: (a) equipment malfunctions, (b) periodic maintenance procedures or repairs which we may undertake from time to time, or (c) causes beyond the control of TradeDay or which are not foreseeable by TradeDay.

Our Sites or Services may include content provided by third parties, including materials provided by other users, company owners, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in any such materials, and all articles and responses to questions and other content, other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials. Any such materials do not necessarily reflect our opinion and have not been verified by us. The information in such publications may become outdated, and we have no obligation to update it. We are not responsible or liable to you or any third party for the content or accuracy of any materials provided by any third parties whether shown on the Sites or Services or otherwise.

If any of our Sites or Services contain links to other sites and resources provided by third parties, those links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party Websites linked to our Sites or Services, you do so entirely at your own risk and subject to the terms of use for such Websites. We encourage you to read the privacy policy for each website, application, and service you visit, use, or interact with.

We take no responsibility and assume no liability for any User Content. We have no obligation to pre-screen or monitor User Content. We reserve the right, upon notification or flagging from a third party, to delete or edit User Content, in whole or in part, in our sole discretion at any time and without notice.

TradeDay does not promote any financial instruments on the Sites or Services. TradeDay does not receive any compensation from companies whose financial instruments appear on the Sites or Services.

9. THIRD-PARTY SERVICES

Our Sites or Services may refer, link to, and utilize 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 TradeDay 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. DISCLAIMER OF WARRANTIES

TRADEDAY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE TRADEDAY PRODUCTS AND CONTENT INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TRADEDAY DOES NOT WARRANT OR REPRESENT THAT THE FUNCTIONS OR OPERATIONS OF TRADEDAY SITES OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT TRADEDAY SITES OR SERVICES, ITS SERVERS, OR ANY E-MAIL SENT FROM TRADEDAY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

TRADEDAY DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE SITES OR SERVICES ARE LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, TRADEDAY SPECIFICALLY DISCLAIMS SUCH WARRANTIES. BY USING THE SITES OR SERVICES, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SITES OR SERVICES.

YOU ACKNOWLEDGE THAT THE SITES AND SERVICES, AND OTHER CONTENT ARE PROVIDED “AS IS” WITH ALL THEIR ERRORS, DEFECTS AND SHORTCOMINGS AND THAT THEIR USE IS AT YOUR SOLE RESPONSIBILITY AND RISK.

WITHOUT LIMITING THE ABOVE, TO THE MAXIMUM EXTENT PERMITTED BY LAW, TRADEDAY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY WITH REGARD TO ANY LINKED WEBSITE. TRADEDAY DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED WEBSITE.

THE INFORMATION, PRODUCTS, SOFTWARE OR SERVICE DESCRIPTIONS PUBLISHED ON OUR SITES, SERVICES, OR ON A LINKED WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. TRADEDAY DISCLAIMS LIABILITY FOR SUCH ERRORS AND DOES NOT WARRANT OR REPRESENT THAT THE CONTENT ON OUR SITES, SERVICES, OR A LINKED WEBSITE IS UPDATED OR COMPLETE. TRADEDAY HAS NO OBLIGATION TO UPDATE ANY CONTENT ON OUR SITES OR SERVICES AND MAY CHANGE OR IMPROVE OUR SITES OR SERVICES AT ANY TIME WITHOUT NOTICE.

WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE THROUGH OUR SITES OR SERVICES BY ANY PARTY OTHER THAN US.

11. LIMITATION OF LIABILITIES

IN NO EVENT WILL TRADEDAY, ITS PARENTS, SUBSIDIARIES, PARTNERS, OR AFFILIATES, OR THE RESPECTIVE SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS OF EACH BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING ANY LOST PROFITS, LOST OR CORRUPTED DATA OR LOST OPPORTUNITY, NOR MONETARY HARM OR PROPERTY DAMAGE EVEN IF YOU OR ANY OTHER PERSON HAS NOTIFIED US ABOUT THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIMS BY ANY THIRD PARTIES, ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS, USE, OR CONTENT, OF OUR SITES OR SERVICES OR A LINKED WEBSITE OR IN RELIANCE OF ANY TOOL, FUNCTIONALITY INFORMATION OR OTHER CONTENT AVAILABLE IN CONNECTION WITH THE SITES OR SERVICES WHETHER SUCH CLAIMS ARE BROUGHT UNDER ANY THEORY OF LAW OR EQUITY. 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. IN SUCH JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITES OR SERVICES, OR WITH ANY OF THE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES AND/OR SERVICES.

TradeDay reserves the right to modify, change, replace, add, or remove any elements and functions of the Sites and/or Services at any time without any compensation. TradeDay is not responsible for its failure to provide the Sites and/or Services if that failure occurs due to technical or operational reasons beyond TradeDay’s control, including, without limitation, if due to Force Majeure Events or if TradeDay is prevented from providing the Sites and/or Services as a result of any obligations imposed by law or a decision of a public authority.

TRADEDAY IS NOT RESPONSIBLE FOR ANY PRODUCTS, SERVICES, APPLICATIONS OR OTHER THIRD-PARTY CONTENT THAT YOU USE IN CONNECTION WITH THE SITES OR SERVICES.

IN NO EVENT WILL OUR LIABILITY FOR ANY CLAIM OF ANY KIND, WHETHER BASED IN CONTRACT, WARRANTY, TORT, STRICT LIABILITY, OR OTHERWISE, FOR ANY LOSSES OR DAMAGES ARISING OUT OF, CONNECTED WITH, OR RESULTING FROM, THESE TERMS OR THE PERFORMANCE OR BREACH THEREOF, OR ANY PRODUCT OR SERVICE OR THE USE OR PERFORMANCE THEREOF, EXCEED THE GREATER OF (a) THE AMOUNT PAID BY YOU TO TRADEDAY IN THE IMMEDIATELY PRECEDING MONTH FOR TRADEDAY’S PRODUCTS OR SERVICES OR (b) $500. 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. IN SUCH JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

THIS LIMITATION ON LIABILITY INCLUDES TRANSMISSION OF VIRUSES THAT INFECTS YOUR EQUIPMENT, MECHANICAL OR ELECTRONIC EQUIPMENT FAILURE, FAILURE OF COMMUNICATION LINES, TELEPHONE, OR OTHER INTERCONNECTS, UNAUTHORIZED ACCESS, THEFT, OPERATIONAL ERRORS, OR ANY FORCE MAJEURE.

12. PURCHASES; CREDIT CARD AND OTHER FINANCIAL INFORMATION

Certain Sites of TradeDay allows Users to place Orders. Upon placing an Order, you shall pay to TradeDay the purchase price as set forth in the “Order Summary” page or similar ordering mechanism. TradeDay, its third-party affiliates, and/or service providers may utilize the services of certain third-party payment processors to process payments of credit cards and other accepted methods of payment. Your purchase is subject to any additional terms and conditions imposed by such third-party payment processors. The purchase price and any applicable fees or taxes shall be applied to your chosen method of payment upon submission of your Order.

Upon the purchase of an Order or other service rendered by TradeDay through the Sites or Services, you acknowledge that TradeDay will provide availability and access to the service requested. Your participation in, or failure to use, such purchased service does not entitle you to a refund.

Prices and availability of products are subject to change without notice. Errors will be corrected where discovered, and TradeDay reserves the right to revoke any stated offer and to correct any errors, inaccuracies, or omissions including after an Order has been submitted and whether or not the Order has been confirmed and your payment method accepted and charged. In the event your payment method has been accepted and charged, TradeDay will issue you the appropriate credit within a reasonable time after your Order has been revoked.

Service charges are inclusive of all taxes. Users are responsible for tax obligations, if any, in connection with the use of our Services in accordance with applicable law.

TradeDay accepts payments via credit and debit card through our Sites or Services and utilize the services of certain third-party payment processors to process payments of credit cards and other accepted methods of payment. For more information, please see our Privacy Policy. If you are directed to a third-party website to make purchases, your purchase will be governed by the terms of such third-party website. If you desire to supply Credit or Debit Card Information, Personal Data, or financial information to any third-party service provider or to any Linked Website, you do so at your own risk and discretion. We strongly recommend you review the terms and conditions and privacy policy of any third party before providing such information. TradeDay is not responsible should you provide such information to any third party and is not responsible for the use of such information by any third party.

13. RESTRICTED SITES AND PASSWORDS/USER REGISTRATION

Certain functionality of the Sites or Services is limited to Users who have registered an Account for the applicable services. Such Users will have unique User Credentials issued for their Account. You represent and warrant that all Account information you provide is truthful and accurate, and you will update such information to ensure its accuracy. You represent and warrant that you have provided a valid email address at the time of registration. You agree that all information you provide to register with our Sites or Services or otherwise, including through the use of any interactive features on our Sites or Services, is governed by our Privacy Policy and you consent to all actions we take with respect to your information consistent with such policy. You may update your personal information through our Sites or Services or by contacting us via the contact information provided above or otherwise set forth in the Terms.

Users are responsible for the confidentiality of User Credentials and shall be responsible and liable for access to or use of the Sites or Services by such User or any other person or entity using such User Credentials (whether or not such access has been authorized). You agree that access to the Account will be limited to the User which subscribed under such account. You agree to immediately notify TradeDay if you learn of, or have reason to suspect, any unauthorized use of your account or any other breach of security.

Without limiting our other rights and remedies, You acknowledge and agree that TradeDay is authorized to act on all instructions received through your Account, and that TradeDay may, but is not obligated to, deny access, or block any transaction made through use of your Account without prior notice if we believe that such Account is being used by someone other than its registered User, or for any other reason.

TradeDay reserves the right to refuse to grant User Credentials to any individual for any reason, including, if such User impersonates someone else, is protected by trademark or other proprietary rights law, or is vulgar or offensive. TradeDay shall not be liable for any loss or damage arising from a User’s failure to comply with this Section.

14. SUBMITTING CONTENT OR COMMENTS ON OUR SITES

If you submit User Content, you agree to abide by these Terms. You shall not submit User Content on our Sites or Services that is: illegal, indecent, profane, threatening, defamatory, derogatory, or otherwise injurious to TradeDay or any third parties, constitutes commercial solicitation or advertising (except where pre-approved in writing by TradeDay), or consist primarily of an unsolicited electronic mass mailing.

User Content shall not be abusive or harassing to any person. You may not submit materials that are or purport to be the Personal Data about others, such as full name, postal address, email address, telephone number, or any other personal attribute which would constitute an invasion of privacy. User Content shall not be obscene, objectionable, offensive, tortious, deceptive, fraudulent, or invasive of another’s privacy or publicity rights.

TradeDay does not guarantee that User Content will remain private, even if such User Content is entered into a password-protected section of the Sites or Services. Accordingly, you should not provide User Content that you want protected from others. You are responsible for all User Content that you post. You understand that, even after removal, copies of User Content you have provided may remain viewable in cached and archived pages and may have been copied or stored by Internet archives and other Users or Visitors. We may make User Content available, including publicly available, to other Sites and Services Users and Visitors, as applicable and at its sole discretion.

User Content shall not contain a software virus, worm, spyware, Trojan horse, or other computer code, file or program designed to interrupt, impair, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.

User Content shall not infringe in any manner on the copyright, trademark, or other intellectual property rights of any person or entity, and shall not contain privileged, confidential, proprietary, or trade-secret information of any individual or entity, or any information that may violate the legal right of any person or entity in any jurisdiction or locale.

You are prohibited from impersonating any other individual or entity, or otherwise misleading any person or entity as to the origin of any of your comments.

You agree to disclose any conflict of interest, ownership interest, business, employment, or other financial relationship you have with any company or financial instruments named in any User Content. You agree not to submit User Content with the intent to increase or decrease a financial instrument’s price and sell or purchase such financial instrument because of such increase or decrease.

You shall not submit User Content that violates any local, state, national, or international law, including but not limited to regulations of the SEC and CFTC or other securities laws and the rules of any securities exchange. You agree that User Content will not constitute illegal activity, give rise to civil liability, or violate the contractual, personal, intellectual property, privacy or other rights of any other party.

15. CONTENT LICENSE

By submitting User Content, you grant TradeDay an unrestricted, worldwide, non-exclusive, irrevocable, perpetual, fully paid-up and royalty-free right and license (the “License”), in any form or format, in whole or in part, to host, store, maintain, use, reproduce, distribute, display, publish, modify, prepare derivative works of, and otherwise exploit all or any portion of such User Content on the Sites or Services and on any other websites, channels, or distribution platforms, for any purpose whatsoever, without accounting, notification, credit or other obligation to you, and the right to license and sublicense and authorize others to exercise any of the rights granted hereunder to TradeDay, in its sole discretion. All rights, licenses and privileges herein described are granted to TradeDay immediately upon submission of User Content and shall continue perpetually and indefinitely. Any information that you wish to remain private should not be submitted with or as User Content.

Furthermore, your submission of User Content signifies your representation and warranty of the following:

• You have the right to submit the User Content and grant the License herein described;

• No further licenses, royalties, or permissions will be needed from a third party to use your User Content as herein described;

• User Content does not infringe any third party’s rights, including intellectual property and privacy rights; and

• User Content complies with Terms and all applicable laws.

16. INTELLECTUAL PROPERTY, TRADEMARKS, AND COPYRIGHTS

TradeDay 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 TradeDay, 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 TradeDay’s Sites or Services or any component thereof.

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 material, except for your personal, non-commercial, and non-public use. You shall not access or use for any commercial purposes any part of our Sites or Services.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of our Sites or Services in breach of these Terms, your right to use TradeDay Sites and Services 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 our Sites or Services or any content on our Sites or Services is transferred to you, and all rights not expressly granted herein are reserved by TradeDay. ALL RIGHTS RESERVED. 

Any use of our Sites or Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, trade secret, and other laws.

The Marks displayed on our Sites and Services are the property of TradeDay, 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.

Except as expressly provided above, no Intellectual Property displayed on TradeDay Sites or Services or on any of the Content may be reproduced, altered, removed, transmitted, published, or distributed, whether electronically, mechanically, by photocopy, recording or otherwise, without the prior written permission of TradeDay. Use of any TradeDay trademarks 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 TradeDay. You agree to cooperate with TradeDay 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.

17. DIGITAL MILLENNIUM COPYRIGHT ACT

The following policy has been adopted pursuant to the Digital Millennium Copyright Act. The address of the Designated Agent can be found above in Section 2. If you believe that content or material provided through the Sites or Services infringes a copyright, please send a notice containing the following information to the Designated Agent:

• a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

• identification of the material claimed to have been infringed or, if multiple works, a representative list of such works;

• identification of the material that is claimed to be infringing or the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

• information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address at which you may be contacted;

• a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

• a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The Designated Agent for notice of copyright infringement claims may be reached via the contact information set forth in Section 2 of these Terms of Use. 

18. TERMINATION

Users may terminate receipt of any free service publications at any time by sending TradeDay a request for removal from the relevant distribution list. All free service publication emails will include a link allowing a User to unsubscribe. If you wish to terminate receipt of such publications, please use the link on the attached email.

TradeDay reserves the right to refuse to permit or to terminate your access to any of the TradeDay Sites or Services at any time at its sole discretion. Such termination may result from a violation of the Terms or other referenced agreements, unauthorized use or reproduction of any publication or information, or any or no reason, all determined in TradeDay’s sole discretion. If such access is refused or terminated, you agree you will not attempt to establish a new Account under any name, real or assumed. All provisions of these Terms shall survive termination, including, ownership provisions, warranty disclaimers, indemnities, and limitations of liability.

19. CHOICE OF LAW, JURISDICTION

PLEASE READ THIS ENTIRE SECTION CAREFULLY. EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, IT REQUIRES MANDATORY ALTERNATIVE DISPUTE RESOLUTION PROCESSES INSTEAD OF LITIGATION AND AFFECTS LEGAL RIGHTS YOU MAY OTHERWISE HAVE.

These Terms shall be governed by and construed in accordance with the laws of the State of Illinois and the United States of America, without giving effect to any principles of conflicts of law. You irrevocably consent to the exclusive jurisdiction of the courts located in the City of Chicago, County of Cook, State of Illinois, USA in connection with any action arising out of or related to these Terms or their subject matter. You waive any objection based on lack of personal jurisdiction, place of residence, improper venue, or forum non conveniens in any such action.

20. DISPUTE RESOLUTION – BINDING ARBITRATION

Except as described below in the Exceptions section, you agree that every dispute arising in connection with these Terms, the Services, or communications from us will be resolved through binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury, is less formal than a court proceeding, may allow for more limited discovery than in court, and is subject to very limited review by courts. This agreement to arbitrate disputes includes all claims whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. Any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement will be resolved by the arbitrator.

Exceptions. Although we are agreeing to arbitrate most disputes between us, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (i) pursue an complaint through a federal, state, or local agency if that action is available; or (ii) seek injunctive relief in a court of law in aid of arbitration.

Arbitrator. This arbitration agreement, and any arbitration between us, is subject to the Federal Arbitration Act and will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms. The AAA Rules and filing forms are available online at www.adr.org or by calling the AAA at +1-800-778-7879.

Commencing Arbitration. Before initiating arbitration, a party must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). Our address for Notice is:TradeDay LLC, Northwest registered Agent Ser, 2501 Chatham Rd Suite N, Springfield, Il 62704. The Notice of Arbitration must: (a) identify the name and phone number of the party making the claim; (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or we may commence an arbitration proceeding. If you commence arbitration in accordance with these Terms, we will reimburse you for your payment of the filing fee, unless your claim is for more than US$5,000 or if we have received 20 or more similar demands for arbitration, in which case the payment of any fees will be decided by the AAA Rules. If the arbitrator finds that either the substance of the claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules and the other party may seek reimbursement for any fees paid to AAA.

Arbitration Proceedings. Any arbitration hearing will take place in the Chicago, Illinois unless we agree otherwise or, if the claim is for US$5,000 or less (and does not seek injunctive relief), you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a telephonic or video hearing; or (c) by an in-person hearing as established by the AAA Rules. During the arbitration, the amount of any settlement offer made by you or us must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based.

Arbitration Relief. Except as provided in Section —No Class Actions, the arbitrator can award any relief that would be available if the claims had been brought in a court of competent jurisdiction. The arbitrator’s award shall be final and binding on all parties, except (1) for judicial review expressly permitted by law or (2) if the arbitrator’s award includes an award of injunctive relief against a party, in which case that party shall have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that shall not be bound by the arbitrator’s application or conclusions of law. Judgement on the award may be entered in any court having jurisdiction.

No Class Actions. YOU AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both parties 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.  

Enforceability. If Section – No Class Actions or the entirety of this Section – Mandatory Arbitration is found to be unenforceable, then the entirety of this Section – Mandatory Arbitration will be null and void and, in that case, the exclusive jurisdiction and venue described in Section – Governing Law will govern any action arising out of or related to these Terms.

21. FORCE MAJEURE

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by a Force Majeure Event. Our obligations under these Terms will be suspended and the time for performance of our obligations will be extended for the duration of a Force Majeure Event.

 

22. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless the TradeDay Parties, for all costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to (a) your access to or use of our Sites or Services, (b) your violation of the Terms or applicable law, (c) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity, (d) any funding of your account from any source and any payment methods used. TradeDay reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of TradeDay. TradeDay will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

23. PROHIBITED CONDUCT

Activity in the Evaluation Challenge is subject to the functioning of a real market. Taking advantage of the simulated environment to gain an edge in the Evaluation Challenge is not permitted. By way of example, slippage, preferential order in the que, market gaps, and high volume of trades within short periods of time are areas you are not permitted to take advantage of in the Evaluation Challenge. Trading activity in the Evaluation Challenge that knowingly or unknowingly circumvents targets and rules or generates profits that could not otherwise be achieved in live market trading, is a violation of the Terms. In the event of such foregoing action, TradeDay retains the right to reject any claims of passing or advancing in the Evaluation Challenge, as well as render your Account ineligible and prohibit you from further use of any of TradeDay’s Site or Services. If you are found to have profited from taking advantage of the simulated environment to gain an edge in the Evaluation Challenge at any time you have graduated past the Evaluation Challenge, or otherwise deemed to have engaged in other Prohibited Conduct (defined below) you will not be entitled to receive any withdrawals from any other account maintained with TradeDay, all of which will be forfeited and closed immediately.

In connection with use of the Site or Services, User is prohibited from (collectively, “Prohibited Conduct”). TradeDay reserves the right to determine, at its own discretion, whether certain trades, practices, strategies, or situations are Prohibited Conduct.

• Using any trading strategy intended to exploit or create errors in the Services such as errors in the display of prices or delay in their updates;
• Using any trading strategy that includes disruptive practices (as determined in TradeDay’s sole discretion), including but not limited to spoofing strategies;
• Trading excessive or unrealistic number of contracts in the day;
• Performing trades any time outside the best bid or offer;
• Performing trades using an external or slow Data feed; 
• Performing, alone or in concert with any other persons, including between connected accounts, or accounts held with different TradeDay Parties, trades, or combinations of trades, the purpose of which is to manipulate, abuse, or give User an unfair advantage while using the Site or Services, for example, by engaging in any short term or high frequency trades or simultaneously entering into opposite positions;
• Signing up using different usernames and email addresses or holding multiple accounts in the same household.
• Performing trades in conflict with the terms and conditions of TradeDay of the User Section and the terms and conditions of the Evaluation Challenge;
• Using any software, artificial intelligence, ultra-high speed, or mass Data entry which might manipulate, abuse, or give User an unfair advantage while using the Site or Services; 
• Otherwise performing trades in contradiction with how trading is actually performed in the applicable futures markets, or in a way that establishes justified concerns that TradeDay might suffer financial or other harm as a result of User’s activities;
• Using any instruments that may adversely affect the operation of the Site and Services or that would be intended to misuse any errors, bugs, or other deficiencies of the Sites and Services;
• Circumventing geographical restrictions of availability or any other technical restrictions; 
• Using a VPN to connect to the trading platform trading via the service. 

• Trading on behalf of others including but not limited to sharing any incentives as part of any business arrangement; or 

• Engaging in other conduct which in the sole discretion of TradeDay, represents uncommercial activity, is intended to game the market, or otherwise is not a viable trading strategy.

Excessive or unrealistic single day trades or single trade profits will be subject to review by TradeDay for any possible violations of these Terms or Trading Rules or engaging in any Prohibited Conduct or Prohibited Uses.

All use of the Site and Services, including trading in the Evaluation Challenge, is subject to trading rules established by TradeDay (collectively, “Trading Rules”), which are subject to change by TradeDay in its sole and absolute discretion from time to time. The current Trading Rules are set forth on the Site. User acknowledges and agrees that User is solely responsible for staying current on Trading Rules, which remain subject to change at any time and from time to time, with or without notice.

If TradeDay, in its sole discretion, determines a User has violated any Trading Rules or engaged in Prohibited Conduct, TradeDay may, in its sole determination, remove any Simulated Account profits, delete a trading day, reset an Account, or ban a User from any further use of the Site and Services. If TradeDay identifies trading activity that, in its sole discretion, relates to Prohibited Conduct, TradeDay reserves the right to, in its sole discretion, delete the trading day and all profits, or restart or close the Account. Additionally, TradeDay may ban User from use of all or a portion of the Sites and Services.

In addition, a core tenant of TradeDay’s mission is to educate Users and hone their skills to develop healthy trading habits. TradeDay aims to provide a safe environment for Users to engage in Simulated Trading and reserves the right to take any action it deems prudent to deter any Use for engaging in gambling type behavior or other actions which TradeDay, in its sole discretion, deems in conflict with its mission and values. TradeDay reserves the right to suspend or cancel a User Account if it believes the user is engaged in such behaviors.

Traders are only permitted to trade permitted products by TradeDay. For more information, please visit our help center.

24. OTHER PROHIBITED USES

You are solely responsible for any and all acts and omissions that occur under your Account, and you agree not to engage in unacceptable use of the Sites or Services or any User Content including:

• Posting, storing, or disseminating any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters or other fraudulent schemes, or any other form of solicitation; 

• Using any manual or automated software, devices, or other processes to “crawl” or “spider” any web pages contained in the Sites or Services; 

• Using the Sites or Services to gain competitive intelligence about TradeDay or the Sites or Services to compete with TradeDay or its affiliates; and
• Harvesting or otherwise collecting any information about other users, including, email addresses or other contact information

25. OTHER IMPORTANT TERMS

These Terms are in addition to any other agreements between you and TradeDay. Nothing in these Terms shall create or be deemed to create a partnership, agency, trust arrangement, fiduciary relationship, or joint venture between you and TradeDay. Neither you nor TradeDay shall have any right, power, or authority to act or create any obligation, express or implied, on behalf of the other party.

Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

If any provision of the Terms is found to be invalid or ineffective, it shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.

The Terms constitute the complete terms and conditions agreed between you and TradeDay and supersede all prior agreements relating to the subject matter of the Terms, whether verbal or written.

No past or future practice established between the parties and no custom maintained in general or in the industry relating to the subject matter of the performance, which is not expressly referred to in the Terms, shall be applied and no rights and obligations shall be derived from them for the parties; in addition, they shall not be taken into account in the interpretation of manifestations of the will of the parties.

If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

We may terminate these Terms at any time without notice, and accordingly may deny you access to our Sites and Services, if in our sole judgment you fail to comply with any term or provision of these Terms. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms for all purposes.

26. FEEDBACK

TradeDay welcomes your Feedback. If you submit Feedback to TradeDay, please note that your Feedback shall become the property of TradeDay, and you hereby irrevocably assign to TradeDay all right, title, and interest in and to the Feedback and all copyrights and other intellectual property rights embodied in such Feedback on a worldwide basis.

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