USER AGREEMENT

  • 1. Introduction, Effective Date and Acceptance

This User Agreement (“Agreement”) is between Apex Trader Funding Inc. (“Company”, “we”, “our”, “us”) and the user (“you”, “your” or “User”), who shall be either a natural person or a legal entity, each a “Party” and together the “Parties.” By accepting this Agreement, you confirm that you have read, understood, and agreed to follow this Agreement, as well as the Privacy Policy, Risk Disclosure, Terms of Use, Trading and Consistency Rules and any other guidelines posted on the Company’s website at apextraderfunding.com. These documents are all incorporated into this Agreement by reference. The Company may publish , guidelines, and explanatory materials for informational purposes. These materials do not modify or replace this Agreement, but they may provide guidance on how the Company interprets and applies the Agreement and related rules. Users are expected to review and follow the materials on the Company website as practical guidance, but in the event of a conflict, this Agreement controls.

This Agreement governs the relationship between you and the Company. It outlines the terms and conditions for your use of the Company’s services, including participation in educational and evaluation programs, Evaluation and Performance Account activities, use of the User Administration Account and dashboard, access to third-party trading platforms for simulation purposes, and any other services the Company may provide now or in the future (collectively, “Services”) the Company provides. “Program” refers to the Company’s proprietary simulated trading education and evaluation system, through which Users engage in simulated market activity using designated Evaluation and Performance Accounts provided by the Company to assess trading performance against predefined criteria and risk parameters. The Program includes Evaluation and Performance Accounts and the trading activity in those accounts, simulated trading dashboards, associated educational content, and related features offered by the Company as part of the Services.

Unless otherwise stated in this Agreement, “User Account” shall refer to the User Administration Account, “Trading Account” shall refer to either an Evaluation Account and/or Performance Account, as applicable, and “Accounts” shall refer collectively to both the User Account and Trading Account(s).

Effective Date and Acceptance

This Agreement becomes effective on the earlier of (i) the date you electronically agree to its terms (e.g., by clicking “I Agree” or similar), or (ii) the date you first access or use any part of the Services or the Program (the “Effective Date”). By accessing or using the Services, the Program, or any related Company platforms, tools, accounts, or features, you acknowledge and agree that such use is governed exclusively by this Agreement and any incorporated policies, terms, or other referenced documents. The Company’s acceptance of this Agreement is deemed effective upon its provision of access to your User Administration Account. No manual or written signature by the Company is required.

  • 2. Not a Broker-Dealer; Not an Investment Advisor

You acknowledge and agree that the Company is not a broker-dealer, futures commission merchant, commodity pool operator, investment advisor, portfolio manager, nor any similar financial institution. The Company does not review, validate, approve, or endorse your trading strategies, nor monitor them for compliance with the Trading Rules. You are solely responsible for ensuring your trading activity complies with all applicable rules and policies. You acknowledge and agree that the Company is not liable for any losses or gains that may arise from your reliance upon information provided through the Company website, Services, Company affiliates, partners, third-party vendors or service providers, or your interaction with other Users.

  • 3. Eligibility and User Acknowledgements

In order to use the Company Services, you must (a) be at least the age 18 years old; in jurisdictions, territories, and locations (collectively, “Jurisdictions”) where the minimum age for permissible use of the Company website, Services, or to enter a binding contract is greater than 18 years of age, you must meet the minimum age requirement of that Jurisdiction (b) have not been convicted of, or plead no contest to, a felony or misdemeanor in any U.S., non-U.S., or military court which involved: embezzlement, theft, fraud, fraudulent conversion, forgery, counterfeiting, false pretenses, bribery, gambling, racketeering or misappropriation of funds, securities or property; violation of sections 7203, 7204, 7205, or 7207 of the Internal Revenue Code of 1986; or violation of section 152, 1341, 1342, or 1343 or chapters 25, 47, 95, or 96 of the U.S. Criminal Code; or any transaction in or advice concerning futures, options, leverage transactions or securities, and have not been subject to disciplinary action by any government or financial regulatory agency (including the NFA, CFTC, SEC, or FINRA), or defaulted on debts owed to a clearing firm or other financial institution, (c) not be located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, (d) not be listed on any U.S. Government list of prohibited or restricted parties, (e) not be an employee, contractor, agent, affiliate, officer, director, or owner of a business that offers products or services that compete with those offered by the Company, as determined in our sole discretion, and (f) have sufficient English language proficiency to understand this Agreement and the materials incorporated by reference.

You specifically acknowledge and agree that:

  • All trading is simulated only, and you will not engage in real trading in live futures markets using any Trading Account.
  • You will not deposit real funds to conduct simulated trading.
  • You have no ownership rights in any property, funds, or trading positions within your Accounts. All activity and balances are entirely simulated.
  • Rewards, as defined in this Agreement, are ONLY applicable to a Performance Account. Evaluation Account Users DO NOT INCUR REWARDS AND WILL NOT RECEIVE ANY DISTRIBUTION OF REWARDS.
  • Distribution of Rewards is subject to the terms herein and any policies or procedures incorporated by reference.
  • The Company does not provide legal, tax, estate planning, or accounting advice, and does not advise on the suitability, profitability, or appropriateness of any investment, trading product, or strategy.
  • The Company will not assess whether futures trading, or any trades you enter, are appropriate for you.
  • Any information the Company provides is for educational or general informational purposes only and should not be considered a recommendation, offer, or solicitation to buy, sell, or hold any financial instrument or pursue any strategy.
  • The Company may publicly disclose, in its sole discretion, the reason any action was taken or decision made with respect to any Accounts or transaction.

You further agree that the Company may record any communication with you, including emails, phone calls, instant messages, texts, keystrokes, and other interactions on the platform. These recordings may be used for compliance purposes and may be shared with regulators as required by law. All recordings remain the sole property of the Company and, unless clearly incorrect, will be accepted as accurate evidence of your communications. The Company may determine how long recordings are retained, in line with applicable laws.

  • 4. Background Check

You give the Company permission to conduct a background check on you, including reviewing any criminal, regulatory, or financial history, as the Company deems appropriate in its sole discretion. The Company may choose not to enter into or continue a contractual relationship with you, for any reason or no reason at all.

  • 5. Accounts Access Criteria; No Sharing of Accounts

You are fully responsible for all activity within your Accounts. No one else may access your Accounts, and you may not share, transfer, or delegate access to anyone else. You must keep your login credentials confidential at all times and never share them with anyone. If your access information is compromised, you must notify the Company immediately. It is solely the User’s responsibility to ensure nobody other than the User, or the Authorized User in the case of a legal entity, has access to the Accounts. The Company is not responsible for any loss, liability, or damage arising from any unauthorized access to or use of your Accounts, including unauthorized trading activity or access by third parties, whether or not such access was enabled by your failure to safeguard credentials.

  • 6. Minors and Ratification

The Company’s Services are intended only for individuals who have reached the age of majority in their jurisdiction. By using the Services, you represent and warrant that you meet this eligibility requirement. If it is later determined that you created or used any Account while under the age of majority, the Company may immediately terminate the Account without refund. Upon reaching the age of majority, if you continue to use the Services, make payments, or otherwise accept benefits under this Agreement, you will be deemed to have ratified this Agreement in its entirety, including your prior transactions.

  • 7. Communications

By creating a User Account, you consent to receive transactional, service-related, and administrative communications from the Company, including but not limited to account notifications, payment confirmations, security alerts, policy updates, and other communications necessary to provide the Services. These communications may be delivered by email, SMS/text message, in-app message, or through your User Account dashboard.

You may not opt out of receiving transactional or service-related communications, as they are a required part of maintaining your User Account and accessing the Services. However, you may opt out of receiving promotional or marketing communications at any time by following the unsubscribe instructions in those messages or by contacting the Company at [email protected].

  • 8. Account Types and Terms

User Administration Account

A User Administration Account (“User Account”) is an online dashboard provided by the Company. You will use this User Account to manage your subscriptions, request a distribution of Rewards update your contact and banking information, and perform other administrative tasks. Each user is allowed to have only one User Account.

By opening a User Account, you confirm that all information you provide is true and accurate. If you are an individual, you may only open a User Account using your legal name. If you are registering on behalf of a business entity, you must use the entity’s legal name and designate one Authorized User, who shall be a natural individual holding the majority of shares, equal to at least an 80% ownership interest in the legal entity, by legal name to act on the entity’s behalf. You may not create a User Account using someone else’s identity or any false information.

You must keep your contact information accurate and up to date. If you change your address, phone number, or email, you must update your User Account within 24 hours.

All User Accounts are owned by the Company. Users have no ownership rights in any User Account.

Evaluation and Performance Accounts

An Evaluation Account and a Performance Account (each a “Trading Account”) are each a simulated trading account provided through a third-party trading platform. All trading in both an Evaluation and Performance Account take place in a simulated environment using synthetic (not real) currency. Users are not trading in live markets and do not earn or lose real money.

User will select the desired Evaluation or Performance Account plan (“Plan”) available on the Company website, which shall dictate the platform host for such Trading Account, subscription cost, initial balance (in synthetic simulated currency), maximum contract size, profit goal, trailing threshold, maximum number of Trading Accounts permitted, and other pertinent information about the Plan. User must read, understand, and agree to any documents, policies, procedures, agreements or rules required of the third-party platform operator.

By opening an Evaluation and/or Performance Account, You confirm that all information you provide is true and accurate. If you are an individual, You must register the Trading Account using your legal name. If you represent a business, you must use the business’s legal name and designate one Authorized User by name. All forms and communication with the Company must use only standard English letters (A-Z, a-z) and numbers (0-9).

All trading activity must comply with the applicable Trading Rules. Users should review the Trading Rules regularly to ensure compliance, as the Trading Rules may be updated from time to time, and such updates will be effective once posted.

All Evaluation and Performance Accounts are the property of the Company. You do not own your Evaluation or Performance Account, or any data or balances within them.

Accounts Across Different Platforms

You may open multiple Evaluation and Performance Accounts across different participating platforms or under different Plans, unless otherwise restricted by the Company, however, the Company may, at its discretion, limit the number of active Evaluation and/or Performance Accounts you may hold at any time. Corresponding Evaluation and Performance Accounts must adhere to the same Plan, e.g., have the same starting capital balance and held with the same platform provider. You may not “transfer” or “convert” an Evaluation or Performance Account from one trading platform to another. If you want to use multiple platforms, you must open a separate Evaluation Account, pass the evaluation, and then open a separate Performance Account with the new platform provider.

Position Closure Deadline

While a normal market trading session is defined as 6:00:00 PM Eastern Time (ET) to 5:00:00 PM ET the following day, for purposes of trading in an Evaluation Account or Performance Account, all positions must be closed by 4:59:00 PM ET. It is solely the User’s responsibility to ensure all positions are properly closed by 4:59:00 PM ET. Any positions that are open at 5:00:00 PM ET may result in a failed and terminated Trading Account.

Use of Trading Data; No Rights in Company Trading

 

You acknowledge and agree that all trading activity conducted in your Evaluation or Performance Accounts is the property of the Company, including all data, order flow, trading patterns, and strategies reflected in such activity. The Company may, in its sole discretion, monitor, analyze, copy, or otherwise use such trading activity for any business purpose, including but not limited to risk management, research, training, strategy development, or execution of trades in the live markets using the Company’s own capital.

You understand and agree that:

  • No Ownership Interest – You have no right, title, or interest in any trading positions, accounts, profits, or losses of the Company, regardless of whether the Company elects to copy, replicate, or otherwise use your simulated trading activity in its own accounts.
  • No Profit Sharing – You are not entitled to receive, and the Company shall have no obligation to provide, any compensation, revenue sharing, or other payment based on the Company’s use of your trading activity in the live markets.
  • No Advisory Relationship – The Company’s use of your simulated trades does not create any fiduciary, advisory, or agency relationship between you and the Company. Your Trading Accounts remain simulated, and your participation in the Program is for educational and evaluative purposes only.
  • Company Discretion – The Company may, at its sole discretion, choose to copy, disregard, adapt, or modify any data, strategies, or patterns derived from your simulated trading activity for its own internal use. This may include altering trade timing, order structure, or execution logic for live market application using the Company’s own capital. Nothing in this provision permits the Company to alter your own simulated trading activity or accounts, which remain under your manual control during participation in the Program. The Company makes no promise or representation that any such activity will be used in live trading.

Terms Unique to an Evaluation or Performance Account

Evaluation Accounts. Evaluation Accounts are not eligible to earn Rewards. Resetting of an Evaluation Account will incur a separate fee as indicated on the Company website. Users must successfully pass the evaluation of trading activity in their Evaluation Account prior to opening a Performance Account, and must pass a separate evaluation for EACH Performance Account.* Upon passing an Evaluation, the User must keep the corresponding Evaluation Account active and continue to pay the subscription fee until the User opens a Performance Account in order to maintain “evaluation passed” status. After the User has opened a Performance Account, the User must manually cancel the Evaluation Account subscription to avoid recurring subscription fees.

Performance Accounts. Performance Accounts may be eligible to earn Rewards, which will be subject to the Reward Payment Rules. Performance Accounts cannot be reset. If a Performance Account is terminated, either intentionally, unintentionally, or by violating the minimum balance threshold (thereby “blowing” the Trading Account), you must purchase a new Evaluation Account, pass the evaluation, and open a new Performance Account to continue using the Services. Trading activity in a Performance Account must comply with all Performance Account Trading Rules.

To preserve the integrity of the Program, each individual and household is strictly limited to no more than twenty (20) Performance Accounts in total, regardless of how the Performance Accounts are registered. This limitation applies collectively to:

  • Performance Accounts opened directly by an individual;
  • Performance Accounts opened by other members of the same household (including family members, roommates, or others residing at the same address); and
  • Performance Accounts opened through business entities associated with or controlled by the individual or their household.

For purposes of clarity, the twenty (20) Performance Account limit is a combined cap: if multiple persons reside in the same household, the household as a whole may not exceed twenty (20) accounts, even if the accounts are registered to different individuals.

The Company reserves the right, in its sole discretion, to determine whether multiple Performance Accounts violate this policy based on shared identifiers, including but not limited to mailing or residential address, IP address, payment method, device usage, or other patterns indicative of a common user or household.

Blown Trading Accounts. Subscription fees for a terminated, or “blown”, Performance Account will automatically cease and no further charges will incur. By contrast, subscription fees for an Evaluation Account will continue to be automatically rebilled on the subscription cycle until you actively cancel the subscription. If you cancel a subscription, whether intentionally or unintentionally, the Trading Account cannot be reactivated. If an Evaluation Account is “blown” it will automatically reset to its original account balance level upon the next rebilling.

Transition to Live Market Proprietary Account

Users may, by invitation and at the Company’s sole discretion, transition to trading in the Company’s Live Market Proprietary Account, on behalf of the Company, and using the Company’s capital after demonstrating an extended period of trading consistency and compliance with all Trading Rules. The Company does not guarantee that any User will be invited to transition to live trading. Transition requires the completion of all necessary broker paperwork, background checks, compliance documentation, and consent to the Live Market Proprietary Account Agreement.

  • 9. Fees and Payment Terms

You are responsible for paying all fees related to setting up and maintaining your Accounts. This includes any applicable reset fees and data fees.

If you are designated by the Company as a Professional Trader, you agree to pay additional monthly fees as posted on the Company’s website. These fees are not prorated and do not auto-renew. It is your responsibility to renew and make the required payment each month; the Company will not automatically charge you. The Company, in its sole discretion, determines who qualifies as a “Professional Trader” based on trading activity, strategies, or background, as further described in the section titled “Professional Traders and Termination Based on Existing Trading Proficiency”. In some cases, Professional Traders may be permitted to maintain accounts if they are participating in the Affiliate Business Development Program, or other approved Company programs. Such Users must receive explicit approval from the Company to operate under a Professional Trader designation. Failure to pay required fees may result in suspension or termination of access to your Trading Account(s) without further notice.

You understand that the Company charges either a monthly or lifetime subscription fee for its Services. These fees are not tied to your trading performance or activity. In the event a Performance Account purchased with a lifetime subscription fee fails to maintain the minimum balance threshold, the Performance Account will be terminated (“blown”) and the lifetime subscription is terminated as well. Accordingly, if a lifetime Performance Account is terminated, you will need to purchase a new Evaluation Account, pass the evaluation, and then purchase either a new lifetime Performance Account, or a Performance Account that incurs a monthly subscription fee. The Company incurs costs each time an Evaluation or Performance Account is created. For this reason, all fees are non-refundable, even if you don’t trade in the Trading Account or you perform poorly. You are solely responsible for managing your subscriptions.

All fees, charges, and payments made to the Company (including but not limited to subscription fees, account fees, reset fees, or other service charges) are final and non-refundable, unless otherwise expressly required by applicable law or expressly stated in this Agreement. You acknowledge and agree that the Company is not obligated to provide refunds, credits, or prorated billing for any reason, including without limitation account termination (by you or by the Company), dissatisfaction with the Service, or failure to use the Account or Services. All payments owed under this Agreement must be made in full without any set-off, counterclaim, deduction, or withholding of any kind, except as required by law.

You authorize the Company to charge your selected payment method on a recurring basis until your Evaluation or Performance Account subscription(s) is cancelled or terminated. NOTE: A “blown” Evaluation Account will continue to be billed on a monthly basis and will reset to the original account level upon the next rebilling UNTIL YOU CANCEL THE SUBSCRIPTION. A blown Performance Account is considered terminated and will NOT be rebilled.

Each Evaluation and Performance Account subscription incurs its own fee. In other words, if you open 20 Performance Accounts, you will be charged the applicable Plan subscription fee twenty times. The subscription will automatically renew on a monthly basis at the rate agreed to at the time of purchase and as reflected in your User Account, unless you cancel the subscription in advance of the renewal date with sufficient time for the cancellation to take effect to avoid additional charges. No refunds or partial refunds will be granted.

If you opt to purchase additional market depth data beyond that which is included in the subscription fee, you will incur additional fees on a month-to-month basis which are not prorated based on your date of purchase. These additional data fees do not auto-renew and you will need to make a new purchase each month.

The Company may, at its sole discretion, limit how many payment methods (such as credit cards or bank accounts) you can use to pay for Services. This limit may apply per transaction, over time, or across your entire relationship with the Company.

You must pay all fees using a debit card, credit card, or, if available, a bank account, provided the payment method is in your own name. Using a payment source that does not belong to you may result in you forfeiting any Rewards, being required to repay any Rewards previously issued, and termination of your Accounts and permanently ban you from using the Services. The Company may report unauthorized use to the payment processor, issuing bank, or law enforcement.

  • 10. Chargebacks, Disputes, and Recovery of Costs

You acknowledge and agree that initiating any payment dispute, chargeback, or reversal for amounts validly owed to the Company is a material breach of this Agreement. If you initiate a payment dispute or chargeback without a valid basis under applicable card-network rules or law (e.g., where Services were delivered and no billing error occurred), you remain responsible for the underlying amounts. If our internal review determines the dispute was invalid, we may issue a Chargeback Reimbursement Invoice for: (a) the disputed amount; (b) any processor pass-through fees assessed to us by our payment processor or financial institution; and (c) a chargeback administration fee to cover the Company’s internal investigation, customer support, and representment costs. The chargeback administration fee is not a penalty but a reasonable estimate of the Company’s costs. These amounts shall be deemed part of the “amounts owed” under this Agreement.

If any such amounts remain unpaid after the deadline specified by the Company, the Company may suspend or terminate your account and may refer the matter to a third-party collection agency or attorney for recovery. You shall be responsible for all reasonable costs of collection, including without limitation, collection agency fees, court costs, and attorneys’ fees, to the maximum extent permitted by law.

  • 11. Trading Rules; Prohibited Activities; Manual Trade Execution; Code of Conduct; Penalties

Trading Rules

You must follow all applicable Evaluation or Performance Account (or Instant Performance Account) Trading and Consistency Rules ("Trading Rules"), which are incorporated into this Agreement by reference. The Company may update these rules at any time without advance notice.

You are solely responsible for keeping up to date with the latest Trading Rules and for complying with them at all times. A complete layout of all official rules and guidelines can be found in the company’s FAQ section and contains the current and official governing rules, guidelines, programs, and product details. 

You agree to keep copies of your trade logs for at least 30 days and not to alter or tamper with them in any way.

Prohibited Activities

You may not engage in any trading behaviors listed as prohibited activities in the Trading Rules or in this section which collectively are the “Prohibited Activities”. The Company may update the list of Prohibited Activities at any time, without notice. A full list of all Prohibited Activities may be found in the Company’s FAQ section.

Manual Order Submission Requirement

Except as otherwise expressly permitted in this Agreement or with the Company’s prior written consent, all trading activity conducted within the scope of the Services, including activity on third-party trading platforms accessed through the Program, must be initiated manually by the User through a discrete and intentional action for each individual order. The User must personally input and confirm each order to open or close a position. The use of any method, tool, script, macro, or system that pre-programs, batch-submits, pre-loads, auto-executes, modifies, or otherwise automates orders entry or order modification, whether in whole or in part, is strictly prohibited.

This restriction exists because the Company’s Program is an educational and evaluation-based service, designed to help Users develop personal trading skills and decision-making capabilities in real-time simulated market conditions. Rewards are intended to recognize human traders actively participating in the learning process, not to reward automated systems executing preprogrammed logic.

For clarity, prohibited behavior includes, but is not limited to:

  • Use of automation devices to automatically execute or mimic the manual placement of orders;
  • Use of pre-configured bots, scripts, or strategies that place, modify, or cancel orders based on preset conditions, signals, or market events;
  • Submission or modification of orders by any system without the User’s personal, real-time review and approval at the time of the action.

Permitted automation is limited to:

  • Tools that generate trade alerts or signals, provided they do not place, modify, or cancel orders;
  • Platform-native order types (e.g., stop-loss or take-profit orders) that are manually configured by the User at the time of entry;
  • Charting or analysis software that assists the User with strategy evaluation or decision-making, but does not interact with the order submission interface in any way; and
  • Automated copy trading provided that:
  • The User manually submits each order in one account actively controlled by the User during the trading session (the “Originating Account”), and all other accounts owned by the User merely replicate those manually placed orders;
  • The Originating Account must be fully controlled by the User and used for real-time, manual entry of each order by the User, and may not rely on automation, bots, scripts, or preprogrammed trading logic;
  • Copy trading functionality is only applied to accounts that are solely owned and controlled by the same User (copying trades from, to, or between any other User’s account or any third-party account, whether offered through the Company’s Services or entirely external to the Company, is strictly prohibited, regardless of whether such copying is direct or indirect);
  • The User does not share, distribute, or make available their account activity, trade signals, or bot, algorithm, or other tool used to effect the copy trades, to any other User or third party for purposes of copying, mirroring, or replicating trades; and
  • Copied accounts must exactly mirror the orders placed in the Originating Account and may not be separately automated, altered, or used to place orders that differ in any way from the Originating Account’s manually entered orders.

The Company may monitor all trading activity to ensure compliance with this Section, and any violation may result in immediate termination of the User’s account and forfeiture of any pending or unpaid Rewards, at the Company’s sole discretion.

Code of Conduct

A complete list of the Code of Conduct can be found on the Company’s FAQ section. User agrees to, at all times, uphold the following standards of conduct:

  • Act Honestly and Ethically - You will engage in all trading activities with integrity and good faith. You will not engage in deceptive, manipulative, or abusive behavior designed to exploit the evaluation environment or gain unfair advantage.
  • Comply with Rules - You agree to follow all rules, guidelines, and parameters applicable to your Trading Account(s), including risk limits, prohibited strategies, Trading Rules, and Trading Account management protocols.
  • Respect Platform Integrity - You will not attempt to interfere with, reverse engineer, or misuse the trading platform, software, or any technology provided by the Company.
  • Prohibit Misrepresentation - You will not misrepresent your performance, identity, or affiliation with the Company in any public or private communication, including on social media.
  • Protect Account Security - You will maintain the confidentiality of your login credentials and not share access to your Accounts with any other individual or entity.
  • Engage Respectfully - You will communicate respectfully with Company personnel and other users and will not engage in abusive, harassing, or discriminatory behavior.
  • Use Services for Educational Purposes Only - You acknowledge that the Services are provided solely for educational, general informational, and evaluation purposes and will not be used to solicit investments or offer financial advice.
  • No Disparagement - You agree not to make, publish, or disseminate any false, misleading, or defamatory statements, whether oral, written, or online, that could reasonably be expected to harm the reputation, business interests, or goodwill of the Company, its Services, or its personnel. This includes all social media activity.

Penalties for Violations and Contract Breaches

If the Company determines, at its sole discretion, that you have violated the Trading Rules, engaged in any Prohibited Activity, violated the Code of Conduct, or breached any part of this Agreement, any policy or procedure, or document incorporate by reference, then you may be subject to one or more of the following penalties:

  • Loss of any unpaid Rewards
  • Repayment of previously distributed Rewards
  • Removal of profits from your simulated Trading Account(s)
  • Restrictions on distribution of Rewards
  • Deletion of trading days
  • Suspension of trading privileges
  • Suspension of access to your User Account
  • Termination of your Accounts
  • Permanent ban from the Company’s Services
  • Limited or restricted access to Services
  • Restrictions on available Plans
  • Limits on trade size or position quantity
  • Limits on the number of Evaluation and/or Performance Accounts you may hold
  • Imposed minimum balance or “safety net” requirements
  • Reporting to law enforcement or regulatory authorities
  • Legal action where appropriate

All enforcement actions and penalties are at the Company’s sole discretion and are final and binding.

  • 12. Rewards (Only Applicable to Performance Accounts)

To encourage learning and consistent trading discipline, the Company may offer rewards (“Rewards”) based on your simulated trading activity in your Performance Account. Participation in any Performance Account does not entitle you to wages, compensation, or guaranteed profits of any kind, and does not guarantee you will be eligible for any Rewards.

Rewards are discretionary and do not represent a legal asset, entitlement, or obligation of the Company. Rewards are not earned income, do not represent participation in Company profits, are not guaranteed under any legal or contractual obligation, and do not establish any employment, partnership, or agency relationship between you and the Company. The Company has no contractual duty to issue any Reward, and unpaid Rewards do not constitute a debt, liability, or enforceable claim. Any Rewards paid to you are entirely discretionary and may be withheld, forfeited, or rescinded at any time in the Company’s sole discretion. The Company reserves the right to deny, modify, reduce, cap, delay, or revoke Reward distributions for any reason or no reason, including but not limited to suspected violations of this Agreement, the Trading Rules, the Prohibited Activities, Code of Conduct, any policies or procedures, or document incorporated by reference, Performance Account inactivity or closure, failure to verify identity, failure to comply with or pass an activity review or audit, or initiation of a chargeback or other attempt to obtain a refund of fees. Reward distributions may be subject to limits or conditions established by the Company to manage operational flow, mitigate fraud risk, or ensure compliance with the Program’s intended purpose. For purposes of this Agreement, “Authorized Reward Distribution” refers to any portion of Rewards that the Company elects, in its sole discretion, to release for cash distribution to the User, subject to all applicable eligibility criteria and limitations, including but not limited to any cumulative or per-disbursement Reward limits.

Nothing in this Agreement shall be construed to grant the User an absolute right to receive any specific Authorized Reward Distribution value. All determinations by the Company regarding the calculation, eligibility, approval and distribution of Rewards are made in the Company’s sole discretion and are final and binding. Such determinations are not subject to appeal or review, except that the Company may, in its sole discretion, correct a clerical, typographical, or calculation error, or address evidence of fraud or other unlawful conduct.

Reward eligibility is contingent upon strict compliance with the terms of this Agreement, Trading Rules, Prohibited Activities, Code of Conduct, other policies or procedures the Company publishes, and all documents incorporated by reference.

Rules for Reward distribution amounts, timing, and procedures are published on the Company website on the page.

You are solely responsible for monitoring your account balance, including after submitting a request for distribution of Rewards. When you request a Rewards distribution, the requested amount may not immediately be deducted from your displayed balance, and you acknowledge that you may still be able to place trades against those funds while the distribution request is pending. The Company is not responsible for any losses, rejected trades, cancellation of your request for Reward distribution or any Authorized Reward Distribution, or other consequences that may result from your trading activity at any time.

Once processed, your account balance will be adjusted accordingly. You agree not to hold the Company liable for any discrepancies between pending distributions and your available balance displayed on the platform.

If you receive an Authorized Reward Distribution and later initiate a chargeback, refund request, or clawback for any subscription fee, regardless of your intent or the method used to make the payment, you will forfeit all Rewards associated with the subscription period being refunded. This applies whether the refund or reversal is for the full or partial subscription fee.

Example 1:

If you accrued Rewards in January and then request a chargeback for your February and March subscription fees, you will forfeit any Rewards paid in April (since they are based on activity during those refunded months).

Example 2:

If you charge back your subscription fees for January through April, you will forfeit all Rewards accrued and paid in both January and April.

Authorized Reward Distributions are conditional on your full and successful payment of all applicable subscription fees for the months used to qualify for the Rewards, and upon the absence of any chargebacks, payment reversals, or refunds for those months. This policy applies regardless of when the chargeback or reversal occurs, and regardless of whether it was partial or full. This rule also applies to all payment methods, accounts, or instruments associated with your User profile, whether used directly or indirectly.

In the event of any such chargeback or reversal, the Company may, in its sole discretion: (i) void or reverse any unpaid Rewards tied to the affected period; (ii) offset the value of any previously paid Rewards against any current or future amounts that may be distributed to you, at the Company’s discretion; and/or (iii) invoice you for the amount of the paid Rewards, which will be immediately due and payable. The Company further reserves the right to apply this policy to any account reasonably believed to be associated with the same User, household, IP address, or payment method, in its sole and final discretion.

The Company may take legal action to recover forfeited Rewards, including but not limited to bank recalls, clawbacks, civil lawsuits or arbitration, reporting to law enforcement or regulatory authorities, debiting/adjusting Accounts balances, offsetting or withholding future Rewards distributions, and sending debts to collection agencies.

The Company may suspend access to your Accounts and prohibit you from engaging in trading activity until the chargeback matter is resolved

Rewards are non-transferable. No heirs, beneficiaries, or assigns have any claim to unpaid Rewards.

  • 13. Verification; Audits

The Company may, at any time, for any reason, and at its sole discretion, take steps to verify your identity, review your activity, and/or audit your tools, systems, and trading behavior. This includes (but is not limited to) reviewing your indicators, strategies, software, and hardware, trade logs, system settings, and activity within your Accounts. The Company may, in its sole discretion, suspend access to your Accounts and restrict trading activity pending completion of the verification or audit.

In connection with any verification or audit, the Company may require you to provide: written explanations, screenshots, notarized documentation, government-issued ID, bank statements or utility bills, corporate documents (including but not limited to governing documents, board documents, financial and ownership records, regulatory and compliance filings, and commercial and operational documents), trade logs, a live trading session with a Company representative, video recordings of your trading sessions with commentary, any other information the Company deems necessary or appropriate to conduct its review.

You must respond to any request from the Company within 48 hours, unless the Company gives you more time in writing.

If you fail to cooperate with a verification or audit request, or if the Company determines, based on the results of an audit, that termination is appropriate, the Company may close your Accounts and you may forfeit any unpaid Rewards.

  • 14. Graduation from the Program

Once a User reaches a performance level or trading milestone determined by the Company, the User will be considered to have successfully completed the training phase of the Program (“Graduation”). Graduation signifies that the User has achieved a level of skill and results that exceed the scope and intended purpose of the Program. The Company may also determine, at any time, that a User is no longer the proper fit for the simulated program or the spirit, letter, or intent of the program and graduate out this user at any time. In this case, the Company will, at it’s sole discretion determine if any final distribution of rewards will be paid out. Graduation or removal from simulated or live programs is not determined on pre set milestones or levels alone but also at the sole discretion of the company taking multiple factors into consideration other than just milestone levels.

While a User is under review for Graduation, the Company may, in its sole discretion, restrict the User from purchasing additional Evaluation Accounts until a final determination is made.

Upon Graduation:

  • The Company may, in its sole discretion, determine whether the User is eligible to receive any Rewards earned during the Program, and the form, timing, and amount of any such Authorized Reward Distribution. Nothing in this Agreement shall be construed to create any guarantee or entitlement to Rewards, and the Company reserves the right to withhold, reduce, or condition any Rewards in accordance with the terms of this Agreement.
  • The User will no longer be eligible for an Evaluation Account or Performance Account under the Program.
  • The Company may, in its sole discretion, invite the User to participate as an independent contractor for trading in a proprietary account or sub-account within a “Live Proprietary Account” owned and controlled exclusively by the Company and funded solely with Company capital, under a separate Live Proprietary Account Agreement (“Live Trading Invitation”).
  • If the User receives a Live Trading Invitation, the User may elect, in a form prescribed by the Company, one of the following options:
  • To receive the Authorized Reward Distribution in cash, subject to the terms of this Agreement;
  • To receive a portion of the Rewards in cash and voluntarily forfeit any rights or claims to the remaining portion. The forfeited portion shall remain Company capital and, at the Company’s sole discretion, may be allocated to a proprietary account or sub-account within a Live Proprietary Account owned and controlled exclusively by the Company, to which the User may be granted trading access subject to the terms of the Live Proprietary Account Agreement;
  • To voluntarily forfeit the entire amount of Rewards in lieu of any cash distribution. All such Rewards shall remain Company capital and, at the Company’s sole discretion, may be allocated to a proprietary account or sub-account within a Live Proprietary Account owned and controlled exclusively by the Company, to which the User may be granted trading access subject to the terms of the Live Proprietary Account Agreement.

In all rollover scenarios, the User expressly acknowledges and agrees that any rolled-over Rewards shall not constitute wages, earnings, compensation, or funds held in trust and that the User shall have no ownership, legal claim, or entitlement to the capital in the Live Proprietary Account. All such capital remains the exclusive property of the Company, and any performance-based compensation derived from live trading will be governed solely by the terms of the separate Live Proprietary Account Agreement.

  • If the User does not receive a Live Trading Invitation, the Authorized Reward Distribution will be paid in cash, and no rollover option will be available.

The Company reserves the right to determine the specific criteria for Graduation and Live Trading Invitations, which may include performance targets, risk management metrics, and consistency requirements, and the right to modify such criteria at any time.

  • 15. Professional Traders and Termination Based on Existing Trading Proficiency

The Services offered by the Company, including access to simulated Trading Accounts, are intended for educational purposes, skill development, and evaluation of trading aptitude under predefined Trading Rules and conditions. These Services are not designed for individuals who already possess professional-level trading experience or proficiency. Users may be required to self-certify as to their non-Professional Trader status.

However, the Company may make exceptions for certain Users, including but not limited to, those participating in the Company’s Affiliate Business Development Program, whose involvement is deemed beneficial to the Company’s marketing, training, or promotional efforts. The Company retains sole discretion to determine eligibility for such exceptions.

The Company reserves the right to terminate any Trading Account(s) if it determines, in its sole discretion, that the User’s trading activity, strategies, or demonstrated level of sophistication materially exceeds the level contemplated by the simulated trading environment, unless such User has been expressly approved by the Company as exempt under this section.

Indicators of such proficiency may include, but are not limited to, consistently exceptional performance, use of complex or institutional trading methods, or patterns indicative of professional trading experience.

In such cases, the Company may:

  • Terminate access to the Trading Account(s) without further notice;
  • Deny or revoke any unpaid Rewards; and
  • Bar future participation in Company programs, temporarily or permanently.

This policy is intended to preserve the integrity of the Program for its intended audience, i.e. those seeking to develop or improve their trading skills in a simulated, educational context, and to prevent misuse of the Program and/or trading platforms by individuals seeking to extract Rewards through professional-caliber trading not aligned with the Program’s purpose.

If you believe your trading experience, skill, and sophistication are at a level that may lead to your Trading Account(s) being terminated pursuant to this section, you can reach out to [email protected] to inquire about opportunities that may better align with your expertise. You may be required to demonstrate your trading skill in a simulated environment, but will be ineligible for Rewards.

  • 16. Dormant Account Policy

To preserve system resources and minimize third-party vendor costs for inactive accounts, a Performance Account shall be deemed dormant if there are not a min of two trading days, per rolling 30 cycle with a minimum of at least $50 profit per day. So, every 30 days, two trading days of at least $50 profit each day, to keep the PA Account active ongoing.

The Company may, in its sole discretion, deactivate or permanently terminate dormant Performance Accounts without further notice. Upon termination of a dormant Performance Account:

  • All access to the Performance Account(s) and associated Services will be revoked; and
  • Any Rewards associated with the Performance Account(s) will be permanently forfeited regardless of prior performance or qualification status.

This policy applies to all Performance Accounts and Performance Account subscription Plans, including lifetime / one time payments. Users are solely responsible for maintaining the active status of their Accounts.

  • 17. Cancellation Rights

By registering for an account, you expressly request that the Company provide you with immediate access to your account and related Services. You acknowledge and agree that by requesting immediate access, you lose the right to cancel or obtain a refund under applicable consumer protection law once access to the Services has begun.

  • 18. Employment and Tax Status Disclaimer

You understand and agree that you are not an employee, partner, agent, or representative of the Company. Participation in the Company's simulated trading Program and receipt of any Authorized Reward Distribution does not establish an employment or agency relationship.

You are solely responsible for all taxes, reporting, and compliance obligations related to any Authorized Reward Distribution you receive. The Company may require you to submit appropriate tax documentation (e.g., IRS Form W-9, W-8BEN, or similar) and may issue information returns as required by law (e.g., Form 1099).

The Company does not withhold taxes or provide tax advice. You agree to indemnify and hold the Company harmless from any liability or penalty resulting from either the Company’s or your failure to comply with applicable tax laws.

  • 19. Risk Disclaimer

The Company provides simulated trading evaluation services strictly for educational and general informational purposes only. No real money is traded, and no investment advice is offered. By using the Company’s Services, you acknowledge and agree to all applicable Terms of Use, Risk Disclosures, Trading Rules, Prohibited Activities, Code of Conduct, and Program policies, this Agreement, and all documents incorporated by reference.

Hypothetical or simulated trading has limitations. Unlike actual live trading, trading in a simulated environment is prepared with the benefit of hindsight, does not involve real financial risk, cannot account for emotional or psychological factors, and may materially differ from real-world results. Additionally, unlike the results shown in an actual performance record, simulated or hypothetical results do not represent actual trading. Because these trades have not actually been executed, these results may have under-or over-compensated for the impact, if any, of certain market factors, such as lack of liquidity. No representation is being made that any Trading Account will or is likely to achieve profits or losses similar to those being shown.

Please review the full Risk Disclosure Statement for additional risks and important information.

  • 20. Confidentiality

"Confidential Information" means any non-public information related to the Company, including but not limited to: Contracts, forms, agreements, communications, emails, screenshots, internal policies, Trading Rules, dispute outcomes, Account closures, denial of Reward distributions, business methods, trade secrets, or proprietary strategies, investigations, and enforcements. Confidential Information may be in any form, written, oral, electronic, or otherwise.

You agree that all Confidential Information belongs to the Company and must be treated as confidential. You may not use, publish, disseminate, or disclose Confidential Information without the Company’s prior written consent, either in whole or in part, except (a) if required by a valid court order, regulator, or government agency, and (b) only to your legal, accounting, or tax professional. If you are required to disclose Confidential Information by law or regulation, you must notify the Company immediately, and provide the details of what was disclosed, to whom, and why.

You must keep Confidential Information confidential until it is no longer considered confidential or a trade secret under applicable law.

  • 21. Intellectual Property

All intellectual property related to Apex Trader Funding, including the Company name, logo, trademarks (whether registered or not), service marks, domain names, website content, the look and feel of Company websites, educational materials, software, analyzers, tools, data, Program rules, business methods, designs, images, videos, and other proprietary content (collectively, “Company IP”), is and shall remain the exclusive property of the Company or its licensors. The Company retains all legal rights and remedies against any unauthorized use, reproduction, or infringement.

Subject to compliance with this Agreement, the Company grants you a limited, personal, non-exclusive, non-transferable, revocable license to access and use the Company IP solely for your individual educational and non-commercial use as a User. You may not copy, reproduce, modify, adapt, publish, distribute, display, perform, transmit, create derivative works of, or otherwise exploit any Company IP, in whole or in part, without the Company’s prior written consent.

You may not use, copy, or display any Company trademarks or intellectual property, in whole or in part, without prior written consent. You may not reverse engineer, decompile, or otherwise attempt to derive the source code or underlying ideas of any Company software, analyzers, or tools.

All communications with the Company, whether by email, chat, text, social media, support tickets, or any other method, are the sole property of the Company and may not be published or shared without permission.

All intellectual property restrictions in this Section shall survive termination of this Agreement.

  • 22. International Data Transfers (EU/UK/Swiss Residents)

The Company is based in the United States, and when you provide your personal data to us, your data will be transferred to and processed in the United States. The laws of the United States may not provide the same level of protection as the laws in your home country.

To the extent such transfers are not covered by an adequacy decision or other approved transfer mechanism, the Company relies on the following bases:

  • Necessary for Contract Performance: We must process certain personal data in the United States to provide you with the Services you requested (such as account creation, access to your account, processing Reward distributions, and customer support).
  • Your Explicit Consent: For transfers not strictly necessary for contract performance, we will rely on your explicit consent. By accepting this User Agreement, you consent to the transfer of your personal data to the United States for the purposes described herein. You may withdraw your consent at any time by contacting us at [email protected], though this may limit your ability to use the Services.
  • 23. Force Majeure

The Company shall not be liable for any delay or failure to perform its obligations under this Agreement due to circumstances beyond its reasonable control, including but not limited to natural disasters, power outages, internet service disruption, strikes, labor shortages, war, terrorism, civil unrest, pandemic, changes in law, or failure of third-party platforms or vendors. Any such delay or failure shall not be considered a breach of this Agreement, and the Company shall be entitled to a reasonable extension of time to perform its obligations.

  • 24. Dispute Resolution

Arbitration

Any dispute, claim, or controversy related to this Agreement, including its creation, interpretation, performance, breach, or termination (a “Dispute”), must be resolved exclusively through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules then in effect. Arbitration will be conducted by one arbitrator, selected by mutual agreement or, if necessary, appointed under AAA rules. Unless otherwise agreed, the arbitration will take place in Travis County, Texas, or virtually. The proceedings will be conducted in English, and the final award may be enforced in any court with jurisdiction. The entire arbitration process, including the existence of the dispute, proceedings, documents, and final award, must remain confidential, unless disclosure is required by law or for purposes of enforcement. Nothing in this section shall prevent either Party from seeking relief in a small claims court for disputes or claims within the scope of its jurisdiction.

Injunctive Relief

Despite the arbitration requirement, the Company may seek temporary or permanent injunctive relief in court if needed to prevent or remedy (a) Unauthorized use or infringement of its intellectual property, (b) Breach of confidentiality obligations, or (c) Conduct likely to cause immediate and irreparable harm (e.g., reputational damage or regulatory exposure). Pursuing injunctive relief does not waive the Company’s right to arbitrate other disputes.

Attorney’s Fees

Each party will bear its own legal fees and costs unless the arbitrator or court determines that a fee award is appropriate under the law or this Agreement.

WAIVER OF CLASS ACTION RIGHTS

TO THE FULLEST EXTENT ALLOWED BY LAW, YOU AGREE TO BRING ANY DISPUTE OR CLAIM INDIVIDUALLY, NOT AS PART OF A CLASS, COLLECTIVE, OR RESPRESENTATIVE ACTION. YOU EXPRESSLY WAIVE THE RIGHT TO PARTICIPATE IN OR INITIATE ANY CLASS ACTION, COLLECTIVE ACTION, OR GROUP ARBITRATION OF ANY KIND.

If a court or arbitrator finds this waiver unenforceable for a specific claim or remedy, only that part may proceed in court; all other issues will remain subject to individual arbitration.

  • 25. Disclaimer of Warranties

You acknowledge and agree that the Company, its affiliates, and its software, hardware, and service providers provide all products and services “AS IS”, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. THIS MEANS THE COMPANY MAKES NO GUARANTEES OR PROMISES ABOUT THE PERFORMANCE, ACCURAY, RELIABILITY, OR AVAILABILITY OF ITS SERVICES OR TOOLS. To the fullest extent permitted by law, the Company and its affiliates disclaim all implied warranties, including but not limited to (a) Warranties of merchantability (that the Services are fit for ordinary use), (b) Fitness for a Particular Purpose (that the Services will meet your specific needs), and (c) Non-Infringement (that the Services don’t violate someone else’s rights). YOU USE THE COMPANY’S SERVICES ENTIRELY AT YOUR OWN RISK.

  • 26. Limitation of Liability

You understand that while electronic systems are generally reliable, technical issues may sometimes prevent you from accessing your Accounts, entering, modifying, or canceling trades in your Evaluation or Performance Account(s), or executing trades on time. The Company, its affiliates, and its software, hardware, and service providers will not be responsible for any delays, failures, or problems caused by technical malfunctions or system outages, internet congestion or capacity issues, scheduled or unscheduled maintenance, upgrades, or repairs, security breaches or unauthorized access beyond the Company’s control, or any other events outside the Company’s reasonable control (e.g., force majeure events like natural disasters or power outages).

The Company and its affiliates, including their officers, directors, employees, agents, suppliers, sponsors, and advertisers, will not be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages, regardless of the legal theory (e.g., contract, negligence, or strict liability). This includes, but is not limited to, loss of data, trading losses, loss of profits, or reputational harm. Your only remedy if you are unhappy with any Company Service is to stop using it.

In any case, the Company’s maximum liability to you will never exceed the total amount you paid to the Company for its Services.

  • 27. Indemnification

You agree to indemnify, defend, and hold harmless the Company, its affiliates, and their officers, directors, employees, and agents from and against any and all claims, losses, damages, costs, and expenses (including reasonable attorneys’ fees) that arise from (a) your breach of this Agreement or any other applicable terms related to your use of the Company’s Services; (b)

  • any claim that content or materials you submit to the Company violate someone else’s copyright, trademark, trade secret, or other intellectual property or legal rights; and/or (c)
  • your actions or use of the Company’s Services or products. This means you will be responsible for covering the Company’s costs if your conduct leads to a legal claim or other liability.
  • 28. Conflict of Terms

In the event of any conflict between the terms of this Agreement and any other policies, rules, or documents referenced or incorporated herein, the terms of this Agreement shall control.

  • 29. Termination of Agreement

Either Party may terminate this Agreement at any time, for any reason or no reason, by providing written notice to the other Party, or by the User terminating all subscriptions. Upon termination, the User must immediately cease using all Company Services, and any active Accounts may be closed in accordance with the terms of this Agreement. Termination does not relieve either Party of any obligations or liabilities that accrued prior to the effective date of termination.

  • 30. Modification and Acceptance of Terms

The Company may revise, amend, or update this Agreement, any incorporated documents (such as the Privacy Policy, Terms of Use, Risk Disclosure, Trading Rules, Prohibited Activities, or Reward distribution policies), or any aspect of its Services from time to time in its sole discretion. We will provide notice of material changes by posting an updated version of this Agreement, or referenced document, in your User Administration Account dashboard, on our website, or by emailing you, and by updating the “lasted updated” date above. Any changes will become effective upon posting, unless otherwise stated. Continued access or use of your Accounts or the Services will constitute your acceptance of the revised terms. If you do not agree to the changes, you must stop using the Services.

  • 31. Assignment

This Agreement is binding upon and will inure to the benefit of the Parties and their respective successors and permitted assigns. The Company may assign or transfer this Agreement, in whole or in part, at any time without notice to you, including in connection with a merger, acquisition, corporate reorganization, or sale of assets. You may not assign or transfer any of your rights or obligations under this Agreement without the Company’s prior written consent, which may be granted or withheld in the Company’s sole discretion. Any attempted assignment in violation of this section shall be void.

  • 32. Legal Compliance

You certify that you are authorized to use the Company’s Services and that doing so does not violate any laws or regulations applicable to you in your jurisdiction. The Company is not responsible for your use of its Services in any way that violates local, state, federal or international laws.

  • 33. Governing Law

This Agreement is governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles. Any disputes shall be resolved as set forth in the Dispute Resolution section of this Agreement.

  • 34. Privacy and Data Use

All personal data is collected and used in accordance with the Company’s Privacy Policy, which is incorporated by reference. Data will be retained in accordance with the Company’s internal retention policies.

  • 35. No Waiver of Company Rights

The Company’s failure to enforce any provision of this Agreement, or any delay in doing so, shall not be deemed a waiver of that provision or any other right or provision under this Agreement. Any waiver must be in writing and expressly authorized by the Company. A waiver of any specific breach or default shall not constitute a waiver of any preceding, concurrent, or subsequent breach or default, nor shall it be deemed a waiver of any other provision of this Agreement unless expressly stated in the waiver.

  • 36. Survival

The following sections shall survive termination of this Agreement for any reason: Employment and Tax Status Disclaimer, Confidentiality, Intellectual Property, Risk Disclaimer, Limitation of Liability, Indemnification, Dispute Resolution, Liquidated Damages, Force Majeure.

  • 37. Severability

If any provision of this Agreement is found to be invalid, illegal, or unenforceable in any jurisdiction, the remainder of the Agreement shall remain in full force and effect and enforceable to the maximum extent allowed by law.

  • 38. Entire Agreement

This Agreement, including all documents incorporated by reference, represents the entire agreement between you and the Company and supersedes all prior agreements, understandings, or representations.

  • Electronic Communications and Signatures

You agree that all agreements, disclosures, notices, and other communications that we provide electronically satisfy any legal requirement that such communications be in writing. You consent to the use of electronic records and signatures and acknowledge that your click-to-accept or similar action constitutes your agreement and signature. When you consent to electronically sign documents, such as this Agreement, or any other documents relating to your Accounts, you agree that your electronic signature is the legal equivalent of your manual or handwritten signature. By selecting an “I Accept” button or checkbox, or otherwise placing an electronic signature on a document, you expressly affirm that: (i) you are able to access and view the relevant document that you are electronically signing, (ii) you consent to conduct business with the Company electronically, (iii) you agree to the use of an electronic signature for the document, and (iv) you are authorized to enter into the relevant Agreement or document and be bound by its terms. You further agree that no certification authority or other third-party verification is necessary to validate your electronic signature, and that the lack of such certification or third-party verification will not in any way affect the enforceability of your electronic signature or any resulting Agreement. You acknowledge that the Company relies on electronic communications and authorizations to conduct activities electronically as a core component of the Services; accordingly, you understand that withdrawal of your consent to the use of your electronic signature may result in the Company being unable to provide you the Services.

This Agreement may be executed by electronic means (e.g., checkbox acknowledgment, PDF, or email).

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