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These Terms of Use govern access to and the use of the Sites or Services of Funded Futures Family LLC, a Wyoming limited liability company, and its affiliated entities (collectively, “Funded Futures Family”, “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. All capitalized terms not otherwise defined herein shall have the meanings set forth in the Privacy Policy which is incorporated herein by reference.
The Funded Futures Family 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 Funded Futures Family. 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 FUNDED FUTURES FAMILY 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 FUNDED FUTURES FAMILY PRODUCTS AND CONTENT. ADDITIONALLY, BY REGISTERING FOR, ACCESSING, BROWSING, CREATING AN ACCOUNT, POSTING OR DOWNLOADING CONTENT, OR OTHERWISE USING THE FUNDED FUTURES FAMILY 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 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 has been changed. Any modification or change shall be effective upon such notice. For more information, please see Section 26 below. We may, in our sole discretion, elect to suspend or terminate access to, or use of, the Funded Futures Family Products and Content by anyone who violates these Terms.
You may not interfere with the security of, or otherwise abuse the Funded Futures Family Products and Content, or any system resources, services, or networks connected to or accessible through the Funded Futures Family Products and Content. You may only use the Funded Futures Family Products and Content for lawful purposes and are prohibited from using the Funded Futures Family Products and Content in a manner contrary to or in violation of these Terms of Use.
The official language used by Funded Futures Family is English and translations are made for convenience and reference only; in the event of a conflict between the English language version of this document and any version translated into any other language, the English language version shall prevail.
“Account” means an account of a User that is registered with Funded Futures Family that has access to specified Services or functionality of Sites of Funded Futures Family.
“Content” means all information and other materials present on the Sites, including, without limitation, the Services, Funded Futures Family’s Products and Content, text, images, photos, trading ideas, publications, opinions, rumors, 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 Funded Futures Family 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 Funded Futures Family’s Sites and Services, their contents, or any copyright, trademark, trade name, service mark or any other proprietary information of Funded Futures Family.
“Linked Website” means any website owned by a third party to which or from which Funded Futures Family’s Site is linked.
“Marks” means, collectively, the trademarks, service marks, slogans, logos, trade dress, and other identifiers displayed on Funded Futures Family Sites and Services, or otherwise used by Funded Futures Family.
“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, the Trading Challenge or other services offered by an applicable affiliate of Funded Futures Family.
“Simulated Account” means an account using real-time simulated Data and any accounts relating to tracking education courses provided by Funded Futures Family. Trades in a simulated account are not made in live markets and do not incur actual profits or losses.
“Sites” means Funded Futures Family’s Websites, software, applications, online services, and products.
“Soft Breach” occurs where the daily loss limit objective for your Account is breached. A Soft Breach is not considered a rule violation, but rather, places a temporary breach from trading for the remainder of the then current trading session.
“System” means the integrated cloud computing solution for providing the Funded Futures Family 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 at https://fundedfuturesfamily.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 Funded Futures Family Services.
“Third Party Services” means products or services that are not under the control of or maintained by Funded Futures Family or that are not otherwise provided by Funded Futures Family.
“Trading Challenge” means 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 Funded Futures Family or advance to another product or service offered by Funded Futures Family.
“Funded Futures Family Parties” means Funded Futures Family, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors, and partners, and the officers, directors, employees, agents, and representatives of each.
“Funded Futures Family 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 Funded Futures Family’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.fundedfuturesfamily.com, or subdomains or domains with identical names under other top domains and owned by Funded Futures Family.
If you have any questions or comments or seek any additional information on Funded Futures Family, please contact Support. You may write to us at: Funded Futures Family LLC, 30 N Gould St Ste N, Sheridan, WY 82801-6317, USA, or email us at support@fundedfuturesfamily.com. Inquiries or other correspondence for the Designated Agent should be sent to the above mailing or electronic address. You acknowledge that all communication from Funded Futures Family 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.
The Trading Challenge is a Simulated Account where your performance is evaluated for the opportunity to get funded with the trading capital of Funded Futures Family or advance to another product or service offered by Funded Futures Family, either of which shall be governed pursuant to separate or supplemental written agreement.
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). 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; Funded Futures Family 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 Trading 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 Trading Challenge are met. The final fee will be determined based on the option you select when completing the form for ordering the Trading Challenge. The fee is paid for allowing you to access the Trading 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, fail to complete the Trading Challenge), you fail to meet the conditions of the Trading Challenge, or if you violate the Terms in any manner.
If you lodge an unjustifiable complaint regarding the paid fee or dispute the paid fee with your bank or payment service Funded Futures Family (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, Funded Futures Family is entitled, at its own discretion, to stop providing to you any Services and refuse any future provision of any Services.
Any Data entered in your registration form can be checked, corrected, and amended until the binding order of the Services. The order of the Services of your choice is made by submitting the registration. Funded Futures Family will confirm the receipt of your order to your e-mail address. In the case of the Trading Challenge, the order is completed upon the payment of the fee for the selected option, whereby the contract between you and Funded Futures Family is executed, the subject of which is the provision of the Trading Challenge.
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. Funded Futures Family does not warrant or guarantee that the Services will be compatible with any specific equipment or software.
You acknowledge that the operators of trading platforms are persons or entities different from Funded Futures Family 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.
In order that Funded Futures Family is able to deter and stop gambling type behavior, if you place an unusually large number of orders for the Services within an unreasonably short period of time (e.g., in excess of 3 resets in a given 24-hour period or having multiple Trading Challenges), we reserve the right to suspend any further orders of the Services by you. If we identify that the unusual behavior relates to the User’s involvement in Prohibited Conduct (see Section 26), we reserve the right to determine, at our own discretion, the nature of the behavior described and reasonable consequences, including, without limitation, the immediate termination of your access to the Sites and Services. A core tenant of Funded Futures Family’s mission is to educate Users and hone their skills to develop healthy trading habits. Funded Futures Family 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 Funded Futures Family, in its sole discretion, deems in conflict with its mission and values.
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, or disciplined by the U.S. Commodity Futures Trading Commission. You represent and warrant that you do not have an outstanding balance with a trading firm. If you are a convicted felon, have been disciplined by the National Futures Association, have been disciplined by the U.S. Commodity Futures Trading Commission, or have an outstanding balance with a trading firm, 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 Funded Futures Family 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 Funded Futures Family Products and Content, you may not enter into this agreement or use the Funded Futures Family Products and Content. By using the Funded Futures Family Products and Content, you are explicitly stating that you have verified in your own jurisdiction if your use of the Funded Futures Family Products and Content is allowed. We make no—and you acknowledge that we make no—representation that materials on the Funded Futures Family Products and Content are appropriate or available for use in all locations. Those who choose to access the Funded Futures Family 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 Funded Futures Family 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 Funded Futures Family Products and Content (a) for production purposes, (b) if you are a competitor of Funded Futures Family, (c) to monitor the availability, performance or functionality of the Funded Futures Family Sites or Services, or (d) for other benchmarking or competitive purposes.
You acknowledge and agree that 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 do we directly offer any financial advice of our own as part of the Sites or Services. You acknowledge and agree that we are not liable for any losses or gains that may arise from your reliance upon information provided through the Sites or Services or your interaction with other Users.
The information presented on or through the Sites or Services includes financial and market information. Such information is made available solely for 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 investments 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, 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 Funded Futures Family or which are not foreseeable by Funded Futures Family.
Our Sites or Services 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.
Funded Futures Family does not promote any financial instruments on the Sites or Services. Funded Futures Family does not receive any compensation from companies whose financial instruments appear on the Sites or Services.
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.
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. 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.
Except as expressly contemplated in advancing past the Trading 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. Funded Futures Family 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 Funded Futures Family responsible for any negative consequences thereof.
The User acknowledges that the availability of the Sites and Services is not guaranteed and is subject to unavailability due to maintenance, upgrades, or any other reasons. In particular, Funded Futures Family bears no responsibility, and the User is not entitled to any compensation, for the unavailability of its Account and for damage or loss of any Data or other content that is uploaded, transferred, or saved on the Sites and Services.
You may terminate your Account at any time by contacting Support. Funded Futures Family will confirm the receipt of the request to the User by e-mail, and the contractual relationship between the User and Funded Futures Family 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.
Users may perform any simulated trading in the Trading Challenge other than any such transaction which constitutes Prohibited Conduct (as such term is defined below). You also agree to follow good market standard rules and practices for trading on financial markets (e.g., risk management rules). Restrictions may also be imposed by the trading conditions that you have selected for trading. You acknowledge that Funded Futures Family has access to information about the trades that you perform on the Sites. You grant Funded Futures Family the right to share this information with its affiliates and use any such Data relating to your activity in the Site and Services for its legitimate business purposes. You agree that these activities may be performed automatically without any further consent, consultation, or approval on your part, and that you are not entitled to any remuneration or revenue associated with the use of the Data by Funded Futures Family. Funded Futures Family bears no responsibility for the information displayed on the Sites or Services, nor for any interruption of, or delay or inaccuracy in the market information displayed through your Account. You agree to apply market standard risk management rules for trading on financial markets at all times while using the Sites and Services. You acknowledge that these standards are not met where you open substantially (i) larger position sizes compared to your other trades, or (ii) smaller or larger number of positions compared to your other trades.
Funded Futures Family reserves the right to determine, at its own discretion, whether certain trades, practices, strategies, or situations are Prohibited Conduct.
If you engage in any Prohibited Conduct, Funded Futures Family may (a) consider it as a failure to meet the conditions of the particular Trading Challenge, (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 this Agreement and your Account. If the User engages in any Prohibited Conduct, Funded Futures Family may prevent the User from accessing any or all Sites and Services, including the Account and the Sites, without any compensation or refunds. Funded Futures Family 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.
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.
After paying the fee for the selected option of the Trading Challenge, the User will receive the relevant login Data at the e-mail address provided by the User. If you do not activate the Trading Challenge within 30 calendar days of the date on which it was made available to you, your access to it will be suspended. You can request the renewal of access via the User Section or by contacting Support within 6 months of the initial suspension, otherwise we will terminate the provision of the Services without any right to a refund of the fee. In order to graduate from the Trading Challenge, a User has to meet all profit targets, following applicable Trading Rules (defined in Section 26) and account parameters applicable to User’s Account for the applicable Trading Challenge, which remain subject to adjustment and change from time to time, without notice, and with a current schedule of Trading Rules and account parameters detailed here.
If during the Trading Challenge the User does not comply with some of the conditions specified in the paragraph above, the Trading Challenge will be evaluated as unsuccessful without refund and, if User wishes to continue Simulated Trading, User will be required to reset for a new Simulated Account at then-current rates.
If you are successful in graduating from the Trading Challenge, you will be offered the opportunity to get funded with the trading capital of Funded Futures Family or advance to another product or service offered by Funded Futures Family (pursuant to Funded Futures Family’s sole discretion), either of which shall be governed pursuant to separate or supplemental written agreement.
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 Funded Futures Family 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.
FUNDED FUTURES FAMILY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE FUNDED FUTURES FAMILY PRODUCTS AND CONTENT INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FUNDED FUTURES FAMILY DOES NOT WARRANT OR REPRESENT THAT THE FUNCTIONS OR OPERATIONS OF FUNDED FUTURES FAMILY SITES OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT FUNDED FUTURES FAMILY SITES OR SERVICES, ITS SERVERS, OR ANY E-MAIL SENT FROM FUNDED FUTURES FAMILY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
FUNDED FUTURES FAMILY DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE SITES OR SERVICES ARE LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, FUNDED FUTURES FAMILY 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, FUNDED FUTURES FAMILY 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. FUNDED FUTURES FAMILY 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. FUNDED FUTURES FAMILY DISCLAIMS LIABILITY FOR SUCH ERRORS AND DOES NOT WARRANT OR REPRESENT THAT THE CONTENT ON OUR SITES OR SERVICES OR A LINKED WEBSITE IS UPDATED OR COMPLETE. FUNDED FUTURES FAMILY HAS NO OBLIGATION TO UPDATE ANY CONTENT ON OUR SITES OR SERVICES. FUNDED FUTURES FAMILY MAY CHANGE THE CONTENT ON OUR SITES OR SERVICES AT ANY TIME WITHOUT NOTICE. FUNDED FUTURES FAMILY MAY IMPROVE OR CHANGE ITS PRODUCTS AND SERVICES DESCRIBED ON ITS SITES OR SERVICES AT ANY TIME WITHOUT NOTICE AND RESERVES THE RIGHT TO CANCEL ANY SERVICE OR OFFERING.
YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE BEEN ADVISED TO BACK-UP ALL INFORMATION ON YOUR COMPUTER SYSTEMS PRIOR TO THE INSTALLATION OF ANY SOFTWARE. FUNDED FUTURES FAMILY WILL NOT BE RESPONSIBLE FOR ANY LOSS OF DATA, REVENUE OR BUSINESS OPPORTUNITY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FUNDED FUTURES FAMILY, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR CONTENT) HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, WARRANTY, BREACH OF STATUTORY DUTY, NEGLIGENCE OR OTHERWISE, EVEN IF FUNDED FUTURES FAMILY HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FUNDED FUTURES FAMILY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SITES OR SERVICES; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITES OR SERVICES; (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SITES OR SERVICES BY ANY THIRD PARTY; (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SITES OR SERVICES; AND/OR (G) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL FUNDED FUTURES FAMILY, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO FUNDED FUTURES FAMILY HEREUNDER OR $100.00, WHICHEVER IS GREATER.
THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN FUNDED FUTURES FAMILY AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to defend, indemnify, and hold harmless Funded Futures Family, its officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including, but not limited to, attorney’s fees) arising from: (a) your use of and access to the Funded Futures Family Sites and Services; (b) your violation of any term of these Terms of Use; (c) your violation of any third party right, including without limitation any copyright, property, or privacy right; (d) any claim that your User Content caused damage to a third party; or (e) any violations of applicable laws, rules, or regulations arising from your use of the Sites or Services. This defense and indemnification obligation will survive these Terms of Use and your use of the Funded Futures Family Sites or Services.
The laws of the State of Wyoming, excluding its conflicts of law rules, govern these Terms of Use and your use of the Funded Futures Family Sites and Services. Your use of the Sites and Services may also be subject to other local, state, national, or international laws. Any dispute arising out of or relating to these Terms of Use or the Funded Futures Family Sites or Services will be resolved through binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitration will be conducted in Wyoming, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. The parties agree to submit to the personal jurisdiction of the federal and state courts located in Wyoming for any actions for which either party retains the right to seek injunctive or other equitable relief.
If any provision of these Terms of Use is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. The failure of Funded Futures Family to enforce any right or provision of these Terms of Use will not be deemed a waiver of such right or provision. You may not assign these Terms of Use (by operation of law or otherwise) without the prior written consent of Funded Futures Family, and any prohibited assignment will be null and void. Funded Futures Family may assign these Terms of Use or any rights hereunder without your consent. These Terms of Use and the rights and obligations herein will be binding upon and inure to the benefit of the parties hereto and their permitted successors and assigns.
We reserve the right, at our sole discretion, to modify or replace these Terms of Use by posting the updated terms on the Funded Futures Family Sites or Services. Your continued use of the Sites or Services after any such changes constitutes your acceptance of the new Terms of Use. Please review these Terms of Use periodically for changes. If you do not agree to any of these terms or any changes to these terms, do not use, access, or continue to access the Sites or Services or discontinue any use of the Sites or Services immediately.
If you have any questions about these Terms of Use, please contact us at Support@fundedfuturesfamily.com.