Terms of Use - Tradentry
These Terms of Use govern access to and the use of the Sites or Services of Tradentry LLC, and its affiliated entities (collectively, “Tradentry”, “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 Tradentry 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 Tradentry. 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 TRADENTRY 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 TRADENTRY PRODUCTS AND CONTENT.
1. Definitions
“Account” means an account of a User that is registered with Tradentry that has access to specified Services or functionality of Tradentry’s Sites.
“Content” means all information and other materials present on the Sites, including, without limitation, the Services, Tradentry Products and Content, text, images, photos, trading ideas, publications, opinions, 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, your legal 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 Tradentry representative designated to receive notification of claimed infringement under applicable copyright law.
“Simulated Funded Account” means an account using real-time simulated data provided after successful performance in the Trading Evaluation. Trades in a simulated account are not made in live markets and do not incur actual profits or losses.
“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, pandemics, natural disasters, or telecommunications failures.
“Intellectual Property” means Tradentry’s Sites and Services, their contents, or any copyright, trademark, trade name, service mark or any other proprietary information of Tradentry.
“Services” means, as applicable, the Trading Evaluation or other services offered by an applicable affiliate of Tradentry.
“Simulated Account” means an account using real-time simulated data. Trades in a simulated account are not made in live markets and do not incur actual profits or losses.
“Sites” means Tradentry’s websites, software, applications, online services, and products.
“Terms” means these Terms of Use and all other operating rules, policies (including, without limitation, our Privacy Policy at https://tradentry.org/privacy-policy/), and any future modifications thereof.
2. Contact Information / Designated Agent
If you have any questions or comments or seek any additional information on Tradentry, please contact Support.
Email: support@tradentry.org
Inquiries or other correspondence for the Designated Agent should be sent to the above email address. You acknowledge that all communication from Tradentry 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 written communication.
3. Services
The Trading Evaluation is a Simulated Account where your performance is evaluated for the opportunity to obtain a Funded Account (which may be simulated or live, subject to jurisdictional and partner requirements) or advance to another product or service offered by Tradentry, either of which shall be governed pursuant to a 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. All Data that you provide to us must be complete, true, and up-to-date. You are responsible for ensuring accuracy and Tradentry is not obligated to verify the Data.
The fee for the Trading Evaluation 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 Evaluation are met. The final fee will be determined based on the option you select when completing the form for ordering the Trading Evaluation.
Fees are generally non-refundable, except as expressly stated in our refund policy.
If you lodge an unjustifiable complaint regarding the paid fee or dispute the paid fee with your bank or payment service provider (e.g., chargeback), Tradentry may, at its discretion, stop providing Services to you and refuse any future provision of 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. Tradentry will confirm the receipt of your order to your e-mail address. In the case of the Trading Evaluation, the order is completed upon the payment of the fee for the selected option, whereby the contract between you and Tradentry is executed, the subject of which is the provision of the Trading Evaluation.
You acknowledge that to use our Services, you must obtain appropriate technical equipment and software, including third-party software, at your own risk and expense. The Website is accessible from commonly used web browsers. Internet access, equipment, and software are at your own risk and expense. Tradentry does not warrant compatibility with any specific equipment or software.
You acknowledge that the operators of trading platforms are different persons or entities than Tradentry and that their own terms and privacy policies will apply when you use their services and products. Before engaging in any Services, you must read those terms and policies.
In furtherance of Tradentry’s ethos of promoting responsible trading behavior, if you place an unusually large number of orders for the Services within an unreasonably short period of time, as determined in Tradentry’s sole discretion, we reserve the right to suspend further orders. If we identify that the unusual behavior relates to Prohibited Conduct, we may take reasonable actions including immediate termination of your access.
4. Eligibility
You represent and warrant that you are at least 18 years of age (or the minimum legal age in your jurisdiction). You are solely responsible for ensuring that these Terms are following all laws, rules and regulations applicable to you. Access is revoked where these Terms or the use of the Sites or Services is prohibited.
You further represent and warrant that you have no disqualifying regulatory or disciplinary history that would prevent participation in our simulated programs, and that you have no outstanding balance with a trading firm. (Tradentry may update or localize these criteria in its discretion.)
Tradentry complies with applicable sanctions and export control laws (including, where applicable, U.S. OFAC, EU, UK and other regimes). By using Tradentry Products and Content, you represent and warrant that (a) you are not designated on any government list of prohibited or restricted persons, (b) you are not located in or ordinarily resident in any comprehensively sanctioned country or territory, and (c) you are not acting on behalf of any sanctioned government, entity, or individual. We reserve the right to limit availability of the Tradentry Products and Content to any person, area, or jurisdiction at any time, and to limit quantities of any services.
You may not, without our prior written consent, access Tradentry Products and Content (a) for production purposes, (b) if you are a competitor of Tradentry, (c) to monitor availability, performance or functionality of the Sites or Services, or (d) for benchmarking or competitive purposes.
To the extent you are engaged in any real or live trading program, and you are providing tax forms (e.g., W-8BEN), you represent and warrant that all activities are performed from the location you declare.
5. Not a Broker-Dealer
You acknowledge and agree that Tradentry is not a broker-dealer and does not trade securities on its own or another party’s behalf as part of the Sites or Services, nor do we provide personalized financial advice. You are solely responsible for your trading decisions.
6. Reliance on Information (Content Provided by Tradentry)
Information presented on or through the Sites or Services includes financial and market information and is provided for educational and general information purposes only. We do not guarantee accuracy, completeness, timeliness or usefulness. Any reliance is strictly at your own risk. We disclaim all liability arising from any reliance placed on such materials by you or anyone informed of their contents.
Our Sites or Services may include third-party content and links. We have no control over such content and accept no responsibility for it. Accessing third-party sites is at your own risk and subject to their terms.
TRADENTRY DOES NOT PROMOTE ANY FINANCIAL INSTRUMENTS ON THE SITES OR SERVICES AND DOES NOT RECEIVE COMPENSATION FROM COMPANIES WHOSE FINANCIAL INSTRUMENTS MAY APPEAR.
ALL CONTENT IS PROVIDED “AS IS,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.
7. Commodity Futures Trading Commission Disclaimer
CFTC RULE 4.41 – HYPOTHETICAL OR SIMULATED PERFORMANCE RESULTS HAVE LIMITATIONS. UNLIKE AN ACTUAL PERFORMANCE RECORD, SIMULATED RESULTS DO NOT REPRESENT ACTUAL TRADING. BECAUSE TRADES HAVE NOT BEEN EXECUTED, RESULTS MAY HAVE UNDER-OR OVER-COMPENSATED FOR CERTAIN MARKET FACTORS (E.G., LACK OF LIQUIDITY). SIMULATED PROGRAMS ARE ALSO 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 SHOWN.
The Sites and Services include access to tools for simulated exchange trading, analytical tools, training and educational materials, and other ancillary services. You acknowledge that any trading you perform through the Services is not real; funds provided are fictitious and cannot be withdrawn, used for actual trading, or converted to real funds unless expressly agreed otherwise under a separate written agreement.
8. User Section
Access to your Account is protected by login Data which you may not share. Availability is not guaranteed and may be interrupted. Users may terminate accounts by contacting Support; fees are non-refundable unless stated otherwise in our refund policy. Tradentry may determine Prohibited Conduct and take actions described in Section 27.
Market Risk Notice: 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 performance in simulated trading is not a guarantee of future results.
9. Trading Evaluation
After paying the fee for the selected option, we send login details to the email you provided. If you do not activate the Trading Evaluation within 30 calendar days of availability, access may be suspended. You can request renewal within 6 months of suspension via the User Section or Support; otherwise, Services may be terminated without refund.
To pass the Trading Evaluation, you must meet the profit target, comply with the Trading Rules and account parameters applicable to your Account (as updated from time to time on the Site). Failure results in an unsuccessful evaluation without refund; to continue simulated trading you must reset at then-current rates.
If you graduate, you may be offered the opportunity to obtain a Funded Account (live or simulated, depending on jurisdiction/partners) or advance to another product or service offered by Tradentry, each governed by a separate agreement.
10. Third-Party Services
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, or 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 Tradentry 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 entirely at your own risk.
11. Disclaimer of Warranties
TRADENTRY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE TRADENTRY PRODUCTS AND CONTENT INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TRADENTRY DOES NOT WARRANT OR REPRESENT THAT THE FUNCTIONS OR OPERATIONS OF TRADENTRY SITES OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT TRADENTRY SITES OR SERVICES, ITS SERVERS, OR ANY E-MAIL SENT FROM TRADENTRY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Tradentry does not guarantee that your activities or use of the Sites or Services are lawful in any jurisdiction and, in any event, Tradentry 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 Tradentry Products and Contents 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, Tradentry disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, security or accuracy regarding any linked website. Tradentry 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. Tradentry 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. Tradentry has no obligation to update any content on our Sites or Services and may change or update 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.
12. Limitation of Liabilities
IN NO EVENT WILL TRADENTRY, 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 TRADENTRY PRODUCTS AND CONTENT 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.
Tradentry 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. Tradentry is not responsible for its failure to provide the Sites and/or Services if that failure occurs due to technical or operational reasons beyond Tradentry’s control, including, without limitation, if due to Force Majeure Events or if Tradentry is prevented from providing the Sites and/or Services because of any obligations imposed by law or a decision of a public authority.
TRADENTRY 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 TRADENTRY IN THE IMMEDIATELY PRECEDING MONTH FOR TRADENTRY’S PRODUCTS OR SERVICES OR (b) $100.
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.
13. Purchases; Credit Card and Other Financial Information
Certain Sites of Tradentry may allow Users to place Orders. Upon placing an Order, you shall pay to Tradentry the purchase price as set forth in the “Order Summary” page or similar ordering mechanism. Tradentry, its third-party affiliates, and/or service providers may utilize the services of certain third-party payment processors to process payments of your personal credit cards and other accepted methods of payment that are personal to you.
Upon the confirmation of an Order or other service rendered by Tradentry through the Sites or Services, you acknowledge that Tradentry 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 services are subject to change without notice. Errors will be corrected where discovered, and Tradentry 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 the Order has been confirmed and your payment method accepted and charged.
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.
Tradentry accepts payments via personal credit cards and personal debit cards through our Sites or Services and utilizes the services of certain third-party payment processors to process payments. Certain Credit Card and Debit Card Information will be encrypted and received via a secure page. You represent and warrant that you are an authorized signatory of the credit or debit card or other method of payment that you provide to Tradentry or its third-party payment processor to pay any fees or taxes related to your purchases of products or services through our Sites or Services, and that the payment method you use is personal to you.
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. Tradentry 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.
14. Promo Code Usage
From time to time, and at Tradentry’s sole discretion, Tradentry may provide you the ability to access, use, or receive promo codes. Promo codes provided by Tradentry can only be used by the user the promo code was provided to or shared with, and the promo code (including, without limitation, any applicable discount that may be associated with such promo code) can only be used or leveraged a single time (unless otherwise stated by Tradentry). Each promo code is a single use offer.
Any use of a promo code other than as originally intended and permitted under the terms applicable to that promo code or otherwise in violation of these Terms of Use is strictly prohibited. Promo codes that are provided, shared, or otherwise granted to you by Tradentry can only be used by you and for your own personal use.
Abuse of promo codes will not be permitted. Promo codes do not have any monetary value and cannot be redeemed for monetary value.
Tradentry reserves the right to modify, suspend, impose conditions on, or cancel offers for promo codes at any time without notice.
15. Linking to Our Sites
You may link to our Sites or Services, provided that (a) you do so in a way that is fair, in compliance with all applicable laws, rules and regulations, and does not damage our reputation; and (b) you shall not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
We reserve the right to revoke your permission to link to our Sites or Services at any time and for any reason.
16. 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 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 using 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 our Privacy 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 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 Tradentry if you learn of, or have reason to suspect, any unauthorized use of your account or any other breach of security.
Your Account is personal to you, and you are only permitted to have one Account. Your Account cannot be sold, transferred, assigned to, or shared with any other party outside of yourself in your personal and individual capacity. If Tradentry determines, in its sole and absolute discretion, that you have opened multiple Accounts, Tradentry reserves the right to suspend or terminate your Account and any subsequently created Accounts. You are responsible for all activity on your Account. If your breach of the requirement that you hold only one Account is related to Prohibited Conduct as set forth in Section 15, Tradentry may take the actions set forth in Section 15 as well.
Without limiting our other rights and remedies, you acknowledge and agree that Tradentry is authorized to act on all instructions received through your Account, and that Tradentry 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.
Tradentry 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. Tradentry shall not be liable for any loss or damage arising from a User’s failure to comply with this Section.
17. Submitting Content or Comments on Our Sites (Content Provided by You)
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 (either directly or indirectly through partially obscured words, letters, phrases, terminology, or the like), threatening, defamatory, derogatory, counter to Tradentry’s Privacy Policy or otherwise injurious to Tradentry or any third parties, constitutes commercial solicitation or advertising (except where pre-approved in writing by Tradentry), or consists 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 legal 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.
Tradentry 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 the User Content you enter, submit, create, post, upload, transmit, or otherwise provide through or using the Sites or Services. All User Content is provided at your own risk. We cannot guarantee that User Content will not be viewed by unauthorized persons. 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. We may make User Content available through other Sites and Users, or otherwise publicly available, in our 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. If you submit User Content about any stock or financial instrument while intending to purchase or sell such stock or a related financial instrument within 72 hours, any such User Content shall include a statement regarding your intended purchase or sale.
You shall not submit User Content that violates any local, state, national, or international law, including but not limited to regulations of the U.S. Securities and Exchange Commission and the U.S. Commodity Futures Trading Commission 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.
18. Content License
By submitting User Content, you grant Tradentry 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 Tradentry, in its sole discretion. All rights, licenses and privileges herein described are granted to Tradentry 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.
19. Intellectual Property, Trademarks, and Copyrights
Tradentry 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 Tradentry, 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 Tradentry’s Sites or Services or any component thereof.
You are granted a personal nonexclusive, nontransferable, no sublicensable, no assignable, limited, and revocable right to access, use, display, and navigate our Sites and Services solely for your personal, non-commercial, and non-public use. You shall not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of our Content, except for your personal, non-commercial, and non-public use. You shall not access or use for any commercial purposes any part of the Tradentry Products and Content.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Tradentry Products and Content in breach of these Terms, your right to use the Tradentry Products and Content will cease immediately and you must, at our option, return, or destroy any copies of the materials you have made. No right, title, or interest in or to the Tradentry Products and Content is transferred to you, and all rights not expressly granted herein are reserved by Tradentry. ALL RIGHTS RESERVED.
Any use of the Tradentry Products and Content not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, trade secret, and other laws.
The Marks displayed on our Sites and Services are the property of Tradentry, 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 portion of the Tradentry Products and Content or 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 Tradentry. Use of any Tradentry Marks as metatags on any third-party site is strictly prohibited. You may not co-brand our Sites or display our Sites in frames (or any of the Content via in-line links) without prior written permission from Tradentry. You agree to cooperate with Tradentry 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.
20. Digital Millennium Copyright Act
The following policy has been adopted pursuant to the Digital Millennium Copyright Act (DMCA) (found at http://lcweb.loc.gov/copyright/legislation/dmca.pdf).
If you believe that content or material provided through the Tradentry Sites or Services infringes a copyright, please send a notice containing the following information to the Designated Agent at support@tradentry.org:
- 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, along with information reasonably sufficient to permit us to locate the material.
- Information is 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.
21. Termination
Users may terminate receipt of any free service publications at any time by sending Tradentry 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 unsubscribe link in the email or contact us at support@tradentry.org.
Tradentry reserves the right to refuse to permit or to terminate your access to any of the Tradentry Sites or Services at any time at its sole discretion. Such termination may result from a violation of these Terms or other referenced agreements, unauthorized use or reproduction of any publication or information, or for any or no reason, all determined in Tradentry’s sole discretion.
If such access is refused or terminated, you agree that 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.
22. Force Majeure
Tradentry shall not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under these Terms that is caused by a Force Majeure Event.
For the duration of a Force Majeure Event, Tradentry’s obligations under these Terms shall be suspended, and the time for performance of such obligations shall be extended accordingly until the Force Majeure Event has ended.
23. Violation of These Terms
IF THE USER OR VISITOR VIOLATES ANY PROVISION OF THESE TERMS — INCLUDING, BUT NOT LIMITED TO, ACCESSING THE SERVICES IN CONFLICT WITH THIS AGREEMENT, PROVIDING INCOMPLETE, FALSE, OR OUTDATED INFORMATION, OR ACTING IN A MANNER THAT:
(A) MAY CAUSE TRADENTRY A RISK OF OR ACTUAL REPUTATIONAL DAMAGE, OR
(B) VIOLATES THE TRADING RULES —
TRADENTRY MAY IMMEDIATELY AND, AT ITS SOLE DISCRETION, COMPLETELY OR PARTIALLY RESTRICT, SUSPEND, OR TERMINATE YOUR ACCESS TO ANY OR ALL OF THE SITES AND/OR SERVICES, WITHOUT PRIOR NOTICE AND WITHOUT ANY COMPENSATION OR REFUND.
24. Waiver of Class Action Rights
PLEASE READ THIS ENTIRE SECTION CAREFULLY. EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, IT REQUIRES A WAIVER OF YOUR ABILITY TO PARTICIPATE IN A CLASS ACTION OR JURY TRIAL.
The Parties waive any right to assert any claims against the other Party as a representative or member in any class or representative action, except where such waiver is prohibited by law or deemed by a court of law to be against public policy.
To the extent either Party is permitted by law or a court of law to proceed with a class or representative action against the other, the Parties agree that:
(A) The prevailing Party shall not be entitled to recover attorneys’ fees or costs associated with pursuing the class or representative action (notwithstanding any other provision in this Agreement); and
(B) The Party who initiates or participates as a member of the class will not submit a claim or otherwise participate in any recovery secured through the class or representative action.
Each Party hereby waives, to the fullest extent permitted by applicable law, any right it may have to a trial by jury in any legal proceeding directly or indirectly arising out of or relating to this Agreement or the transactions contemplated herein (whether based on contract, tort, or any other theory).
Each Party further:
(A) Certifies that no representative, agent, or attorney of any other Party has represented, expressly or otherwise, that such other Party would not, in the event of litigation, seek to enforce the foregoing waiver; and
(B) Acknowledges that it and the other Parties have been induced to enter into this Agreement by, among other things, the mutual waivers and certifications contained in this Section.
25. Indemnification
You agree to indemnify, defend, and hold harmless Tradentry for all costs, liabilities and legal fees, from and against all claims, demands, liabilities, damages, losses, costs, or expenses (including reasonable attorneys’ fees) arising out of or relating to:
(a) Your access to or use of our Sites or Services;
(b) Your violation of these Terms or any applicable law;
(c) The infringement, misuse, or misappropriation by you — or by any third party using your Account — of any intellectual property or other rights of any person or entity; or
(d) Any funding of your Account from any source and any payment methods used.
Tradentry 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 fully with our defense of such claims.
You agree not to settle any such matter without the prior written consent of Tradentry.
Tradentry will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
26. Prohibited Conduct
Activity in the Evaluation Account is subject to the functioning of a real market. Taking advantage of the simulated environment to gain an edge in the Evaluation Account is not permitted. By way of example, slippage, preferential order in the queu, 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 Account. Trading activity in the Evaluation Account 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, Tradentry retains the right to reject any claims of passing or advancing in the Evaluation Account, as well as render your Account ineligible and prohibit you from further use of any of Tradentry’s Site or Services. If you are found to have profited from taking advantage of the simulated environment to gain an edge in your Evaluation Account at any time you have graduated past the Evaluation Account, 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 Tradentry, 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”):
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 Tradentry’s sole discretion), including but not limited to spoofing strategies;
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 Tradentry 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;
Performing trades in conflict with the terms and conditions of Tradentry of the User Section and the terms and conditions of the Evaluation Account;
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 Tradentry might suffer financial or other harm as a result of User’s activities;
In concert with others, including between unconnected accounts and third parties, performing the same trading strategy (i.e., performing the same trades in the same time increments), opposite strategy, or other activity mean to pool or hedge risk of the aggregate, unconnected accounts;
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;
Holding a position within 2% of a product’s lock limit;
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 Tradentry, represents uncommercial activity, is intended to game the market, is not a viable trading strategy, or is not responsible trading, in each case as determined in the sole discretion of Tradentry.
All use of the Site and Services, including trading in the Evaluation Account, is subject to trading rules established by Tradentry (collectively, “Trading Rules”), which are subject to change by Tradentry 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.
Products may be traded during normal electronic trading hours unless otherwise indicated. The Daily Loss Limit is an objective for your account and, if broken, does not count as a rule violation. If the Net P&L should hit or exceed the Daily Loss Limit during the trading day (5:00 PM CT-3:10 PM CT), the account will hit a soft breach and will be auto-liquidated for the remainder of the then current trading session. This means any open trading positions will be flattened, any pending orders will be canceled, and your account will be prevented from placing any new trades until the start of the next trading day (5:00 PM CT).
Trading can only occur during normal electronic trading hours unless otherwise indicated by us. Abbreviated holiday hours can be found on Tradentry’s website. All positions MUST be closed prior to 3:10 PM CT or prior to the market close, whichever is sooner. Traders are only permitted to trade permitted products by Tradentry. For more information, please visit our help center here.
Additionally, to deter and avoid violations of the trading rules (as set forth in this Section 27 and in addition the Funded Sim Account Agreement), your positions will automatically be flattened (e.g., closed out) just prior to the end of the then current trading session (e.g., about ten seconds prior to the closing bell at 3:10 PM CT) as determined by Tradentry.
If Tradentry, in its sole discretion, determines a User has violated any Trading Rules, failed to supply accurate and complete information requested by Tradentry, or engaged in Prohibited Conduct, Tradentry 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 Tradentry identifies trading activity that, in its sole discretion, relates to Prohibited Conduct, Tradentry reserves the right to, in its sole discretion, delete the trading day and all profits, or restart or close the Account. Additionally, Tradentry may ban User from use of all or a portion of the Sites and Services.
Additionally, all Users are expected to adhere to Tradentry’s rules and expectations as to Trading Responsibly.
27. Other Prohibited Uses
You are solely responsible for 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 any VPN or VPS on Accounts is strictly prohibited and may result in account termination and forfeiture of profits.
- Using the Sites or Services to gain competitive intelligence about Tradentry or the Sites or Services to compete with Tradentry or its affiliates; and
- Harvesting or otherwise collecting any information about other users, including, email addresses or other contact information.
28. Rewards
In order to incentivize healthier trading habits and utilization of Tradentry’s educational materials, Tradentry may provide certain prizes, rewards, or incentives from time to time (each, a “Reward” and collectively, “Rewards”). No Reward shall require any separate or specific fees or payments. Each Reward offered from time to time may have specific goals, rules, metrics, delivery or payment terms, and expiration dates applicable to such Reward. User is responsible for tracking each Reward and their eligibility for achieving such Reward. Each Reward with an expiration date will automatically be of no value or effect upon its stated expiration. Rewards are personal to a given User and are non-transferable for any reason. Any redemption of a Reward is final and nonrefundable for any reason. Each Reward offered may only be earned by a User one time per Account. Each User is solely responsible for tracking their progress toward an achievement and Tradentry has no obligation or responsibility to notify a User that a Reward eligibility has been achieved.
In order to be eligible to participate in earning Rewards, a User must (I) have an active Simulated Funded Account or evaluation account that has not been purchased or opened with any credits or rewards offered by Tradentry or its affiliates, including any Rewards, and (II) be a U.S. citizen or legal U.S. resident 18 years old or older and cannot be listed on the OFAC SDN List.
Tradentry may prohibit any User or potential User from participating in a given Reward, if, at the sole discretion of Tradentry, (I) such person shows a disregard for, or breaches these Terms, (II) acts with an intent to annoy, abuse, threaten, or harass any other User, Tradentry, or its agents or representatives, (III) disparages Tradentry or its products or services, Tradentry’s competitors or their products or services, Tradentry affiliates or any other person or party affiliated with Tradentry, or (IV) acts in any other disruptive manner.
Tradentry may, for no consideration and without any notice to a User, alter or cancel any Reward earned by such User that Tradentry deems to have violated these Terms, regardless of whether such activity was or was not related to earning such Reward. Tradentry’s decisions, in its sole discretion, as to all matters related to Rewards are final.
29. Geographical Restrictions
Notwithstanding anything to the contrary, if you reside in a jurisdiction where (a) Tradentry does not maintain an active relationship with a futures commission merchant partner who accepts live traders resident in your country, and/or (b) Tradentry determines that providing access to a live trading account would be inconsistent with internal practices to comply with applicable laws and regulations (a “Live Restricted Jurisdiction”), then the following shall apply:
A. You may still participate in the Tradentry program and complete the evaluation process.
B. Upon successful completion, you may be eligible to obtain a Simulated Funded Account; however, any such Simulated Funded Account will operate exclusively in a simulated trading environment (there will be no “call up” from a Simulated Funded Account – your trading will not be in the live markets, and will remain in a simulated environment), and no trades will be executed in the live market.
These restrictions apply to all individuals residing in Live Restricted Jurisdictions (each, a “Restricted Participant”). Tradentry’s decision to restrict access to live trading for Restricted Participants reflects the company’s internal practices to comply with applicable laws and regulations, as well as the internal practices of the futures commission merchants with which Tradentry works.
Restricted Participants will not migrate from a Simulated Funded Account to a live funded account, regardless of trading performance, and remain subject to applicable limitations as to payouts, as well as other relevant terms, of a Simulated Funded Account. A current list of Live Restricted Jurisdictions is maintained by Tradentry and may be updated from time to time. For further information, please visit the Site or contact Support.
30. Other Important Terms
These Terms are in addition to any other agreements between you and Tradentry:
Nothing in these Terms shall create or be deemed to create a partnership, agency, trust arrangement, fiduciary relationship, or joint venture between you and Tradentry. Neither you nor Tradentry shall have any right, power, or authority to act or create any obligation, express or implied, on behalf of the other party.
You agree that breach of the provisions of these Terms would cause irreparable harm and significant injury to Tradentry, which would be both difficult to ascertain and which would not be compensable by damages alone. As such, you agree that Tradentry has the right to enforce the provisions of these Terms by injunction (without necessity of posting bond), specific performance, or other equitable relief without prejudice to any other rights and remedies Tradentry may have for your breach of these Terms.
We reserve the right at any time in our sole discretion to: modify, suspend, or discontinue our Sites or Services or any service, content, feature, or product offered through our Sites or Services, with or without notice; charge fees in connection with the use of our Sites and Services; modify and/or waive any fees charged in connection with our Sites or Services; and/or offer opportunities to some or all users of our Sites or Services. You agree that we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of our Sites or Services, or any service, content, feature, or product offered through our Sites or Services.
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.
The Terms constitute the complete terms and conditions agreed between you and Tradentry and supersede all prior agreements relating to the subject matter of the Terms, whether verbal or written.
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. 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.
Tradentry may assign any claim from these Terms or any agreement to a third party without your consent. You agree that Tradentry may, as the assignor, transfer its rights and obligations under these Terms or any agreement or parts thereof to a third party. You are not authorized to transfer or assign your rights or obligations under these Terms or any agreements or parts thereof.
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.
31. Acceptance of and Modifications to These Terms
We assume that all Users and Visitors have read this document and the Terms and agree to its content. By accessing or using the Sites or Services, by accepting the Terms of Use or by entering into any other agreement with us, you agree on behalf of yourself and any entity you represent that you have read, understood, and consented to the Terms. If you do not agree with these Terms, you must refrain from using our Sites and Services.
You acknowledge that you have carefully assessed the possible risks arising from these Terms and you accept those risks.
These Terms may change from time to time. If we modify our Terms, we will notify you and post the revised statement here, with an updated revision date, and you acknowledge that such notice may include, without limitation, clear and conspicuous messaging or posting on the Sites or Services indicating the Terms have changed. If you do not agree to any changes to the Terms after receipt of notice, you must discontinue your use of the Sites or Services.
32. Feedback
Tradentry welcomes your Feedback. If you submit Feedback to Tradentry, please note that your Feedback shall become the property of Tradentry, and you hereby irrevocably assign to Tradentry 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.
