Day Traders LLC Privacy Policy

DAY TRADERS TERMS OF USE

Last Updated: March 5, 2025

These Terms of Use (“Terms”) govern access to and the use of www.daytraders.com (“Site”) or Services of Day Traders LLC, a Nevada limited liability company, and its affiliated entities (collectively, “Day Traders”, “DT”, “we”, “our”, or “us”), by our account holders, users, and visitors (“you”, “your”, “Trader” or “User”), however such Site 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 Site and all applicable content and documents are incorporated by reference herein. All agreements executed between Day Traders, Traders, and Affiliates are incorporated by reference herein. 

The Day Traders Site 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 Day Traders. 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 DAY TRADERS SITE 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 DAY TRADERS PRODUCTS AND CONTENT. ADDITIONALLY, BY REGISTERING FOR, ACCESSING, BROWSING, CREATING AN ACCOUNT, POSTING OR DOWNLOADING CONTENT, OR OTHERWISE USING THE DAY TRADERS SITE OR SERVICES OR ENTERING INTO ANY OTHER AGREEMENT WITH US, YOU ACKNOWLEDGE AND AGREE TO GIVE UP, AND YOU HEREBY WAIVE, ANY RIGHTS TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR REPRESENTATIVE ACTION WITH RESPECT TO ANY DISPUTES OR CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE SERVICES.

Once accepted, these Terms remain effective until terminated as provided for herein. Please check back periodically to review the Terms of Use and Privacy Policy as we reserve the right to modify or change these Terms after providing notice to you. The form of such notice is at our discretion and may include, without limitation, clear and conspicuous messaging or posting on the Site or Services indicating the Terms of Use have been changed. Any modification or change shall be effective upon such notice. We may, in our sole discretion, elect to suspend or terminate access to, or use of, the Day Traders Site, Services, and Content by anyone who violates these Terms. You may not interfere with the security of, or otherwise abuse the Day Traders, Site, Services, and Content, or any system resources, services, or networks connected to or accessible through the Day Traders Site, Services, and Content. You may only use the Day Traders Site, Services, and Content for lawful purposes and are prohibited from using the Day Traders Site, Services, and Content in a manner contrary to or in violation of these Terms of Use. The official language used by Day Traders is English and translations are made for convenience and reference only; in the event of a conflict between the English language version of this document and any version translated into any other language, the English language version shall prevail. You acknowledge and agree that we are not a broker-dealer, as such term is used in United States financial services regulations, and that we do not trade securities on our or another party’s behalf as part of the Site or Services, nor do we directly offer any financial advice of our own as part of the Site or Services. You acknowledge and agree that we are not liable for any losses or gains that may arise from your reliance upon information provided through the Site or Services or your interaction with other Users.

1. DEFINITIONS

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

“Content” means all information and other materials present on the Site, including, without limitation, the Services, Day Traders, Site, Services, Content, text, images, photos, trading ideas, publications, opinions, rumors, advice, charts, financial information, ratings, and reviews.

“Collecto” means Collecto, Inc. a Delaware corporation who processes payments made on the Site.

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

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

“Day Traders Account” means the trading account of User on the Day Traders Site and/or applicable third-party trading platform. This definition includes Day Traders Evaluation Accounts and Day Traders Pro Accounts.

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

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

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

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

“Hard Breach” occurs where the daily loss limit objective for your Account is breached or exceeded. A Hard Breach is considered a rule violation and places a temporary suspension from trading for the remainder of the then-current trading session, which may become permanent at the sole discretion of Day Traders.  

“Intellectual Property” means Day Traders Site and Services, their contents, or any copyright, trademark, trade name, service mark or any other proprietary information of Day Traders.

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

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

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

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

“Services” means, as applicable, the services as listed on the Day Traders Site or offered by an applicable affiliate of Day Traders.

“Simulated Account” means an account using real-time simulated Data and any accounts relating to tracking education courses provided by Day Traders including those described in Section 7. Trades in a simulated account are not made in live markets and do not incur actual profits or losses.

“Site” means www.daytraders.com, software, applications, online services, and products.

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

“Terms” means the terms and conditions contained in these Terms of Use and all other operating rules, policies (including, without limitation, our Privacy Policy at www.daytraders.com) and any future modifications thereof, and procedures that may be published from time to time on the Site or Services or made available to you on or through the Day Traders Services.

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

“Day Traders” means Day Traders LLC, a Nevada limited liability company.

“Day Traders Account means a Simulated Account used for experiential learning where a User is provided tools to develop trading skills, with such User’s performance being evaluated for the opportunity to get funded with the trading capital of Day Traders or advance to another product or service offered by Day Traders.

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

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

“User Content” means blogs, comments, or other content submitted or posted by a User that is intended for public display on any of Day Traders Site or Services.

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

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

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

2. CONTACT INFORMATION/DESIGNATED AGENT

If you have any questions or comments or seek any additional information on Day Traders, please contact our support team. You may also write to us at: Day Traders LLC, 2300 W Sahara Avenue, Suite 800, Las Vegas, Nevada 89102. Inquiries or other correspondence for the Designated Agent should be sent to the above mailing or electronic address. You acknowledge that all communication from Day Traders or its affiliates in connection with the provision of Services will take place through your e-mail address, which you register with us. Written electronic communication by e-mail or through the User Section is also considered to be written communication.

3. SERVICES 

The Day Traders Evaluation is a Simulated Account where your performance is evaluated for the opportunity to get funded with the trading capital of Day Traders or advance to another product or service offered by Day Traders, either of which shall be governed pursuant to separate or supplemental written agreement. Please click go to our website further information regarding the Services as they relate to the Day Traders Evaluation.  

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 Site and Services.

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

The fee for the Day Traders Account’s 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 Day Traders Evaluation are met. The final fee will be determined based on the option you select when completing the form for ordering the Day Traders Account. The fee is paid for allowing you to access your Day Traders Account and any Services or educational resources provided in connection therewith. You are not entitled to a refund of the fee, for example, if you cancel your Account or request the cancellation by e-mail, if you terminate the use of the Services prematurely (for example, fails to complete the Day Traders Evaluation), you fail to meet the conditions of Day Traders Evaluation or if you violate the Terms in any manner.

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

Any Data entered in your registration form can be checked, corrected, and amended until the binding order of the Services. The order of the Services of your choice is made by submitting the registration. Day Traders will confirm the receipt of your order to your e-mail address. In the case of the Day Traders Evaluation or Day Traders Pro Account, the order is completed upon the payment of the fee for the selected option, whereby the contract between you and Day Traders is executed, the subject of which is the provision of the Day Traders Account.

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

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

In order that Day Traders is able to deter and stop gambling type behavior, if you place an unusually large number of orders for the Services within an unreasonably short period of time (e.g., in excess of 3 resets in a given 24-hour period or having multiple Day Traders Account’s), we reserve the right to suspend any further orders of the Services by you. If we identify that the unusual behavior relates to the User’s involvement in Prohibited Conduct (see Section 27), we reserve the right to determine, at our own discretion, the nature of the behavior described and reasonable consequences, including, without limitation the immediate termination of your access to the Site and Services. A core tenet of Day Traders mission is to educate Users and hone their skills to develop healthy trading habits. Day Traders aims to provide a safe environment for Users to engage in Simulated Trading and reserves the right to take any action it deems prudent to deter any Use for engaging in gambling type behavior or other actions which Day Traders, in its sole discretion, deems in conflict with its mission and values.

4. ELIGIBILITY; Commodity FUtures trading commission disclaimer

CFTC RULE 4.41 – ALL HYPOTHETICAL OR SIMULATED PERFORMANCE RESULTS HAVE CERTAIN LIMITATIONS. UNLIKE THE RESULTS SHOWN IN AN ACTUAL PERFORMANCE RECORD, SIMULATED RESULTS DO NOT REPRESENT ACTUAL TRADING. ALSO, BECAUSE THE TRADES HAVE NOT ACTUALLY BEEN EXECUTED, THE RESULTS MAY HAVE UNDER-OR OVER-COMPENSATED FOR THE IMPACT, IF ANY, OF CERTAIN MARKET FACTORS, SUCH AS LACK OF LIQUIDITY. SIMULATED OR HYPOTHETICAL TRADING PROGRAMS IN GENERAL ARE ALSO SUBJECT TO THE FACT THAT THEY ARE DESIGNED WITH THE BENEFIT OF HINDSIGHT. NO REPRESENTATION IS BEING MADE THAT ANY ACCOUNT WILL OR IS LIKELY TO ACHIEVE PROFITS OR LOSSES SIMILAR TO THOSE BEING SHOWN.

The Site and Services include access to tools for simulated exchange trading or trading with other instruments on other financial markets, the provision of analytical tools, training and educational materials, and other ancillary services. Financial market information is used in the simulated trading; however, you acknowledge that any trading that you perform through the Services is not real. You also acknowledge that the funds provided to you for Simulated Trading are fictitious and that you have no right to possess those fictitious funds beyond the scope of their use within the Site and Services, and in particular that they may not be used for any actual trading and that you are not entitled to the payment of those funds. Unless expressly agreed otherwise, you will not be paid any remuneration or profits based on the results of your fictitious trading, nor will you be required to pay any losses.

You represent and warrant that you are not a professional trader and are at least 18 years of age. The Day Traders Site is only for non-professional traders. If upon review of your Day Traders Account, Day Traders discovers you are a professional trader, your account will be terminated effective immediately. In jurisdictions, territories, and locations where the minimum age for permissible use of the Site or Services is greater than 18 years of age, you represent and warrant that you meet the age requirement for the minimum age for permissible use of the Site or Services. If you are under the minimum age for permissible use of the Site or Services, in your jurisdiction, territory, or location, irrespective of whether your parent or guardian consents to your use of the Site or Services, you may not utilize the Site or Services.

You represent and warrant that you have not been convicted of a felony, disciplined by the National Futures Association, or disciplined by the U.S. Commodity Futures Trading Commission. You represent and warrant that you do not have an outstanding balance with a trading firm. If you are a convicted felon, have been disciplined by the National Futures Association, have been disciplined by the U.S. Commodity Futures Trading Commission, or have an outstanding balance with a trading firm, you are not eligible to use the Site or Services.

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

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

You may not, without our prior written consent, access Day Traders Products and Content (a) for production purposes, (b) if you are a competitor of Day Traders, (c) to monitor the availability, performance or functionality of the Day Traders Site or Services, or (d) for other benchmarking or competitive purposes.

5. NOT A BROKER-DEALER

You acknowledge and agree that we are not a broker-dealer, as such term is used in United States financial services regulations, and that we do not trade securities on our or another party’s behalf as part of the Site or Services, nor do we directly offer any financial advice of our own as part of the Site or Services. You acknowledge and agree that we are not liable for any losses or gains that may arise from your reliance upon information provided through the Site or Services or your interaction with other Users.

6. RELIANCE ON INFORMATION SHOWN ON OUR SITE OR SERVICES (CONTENT PROVIDED BY DAY TRADERS)

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

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

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

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

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

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

Day Traders does not promote any financial instruments on the Site or Services. Day Traders does not receive any compensation from companies whose financial instruments appear on the Site or Services.

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

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

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

7. USER SECTION

Except as expressly contemplated in the rules delineated in the Day Traders Evaluation and Day Traders Pro Account, as listed herein, you may not transfer or combine your Account’s performance, service parameters, Data, or any other information between products or with any other User.

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

The User acknowledges that the availability of the Site and Services is not guaranteed and is subject to unavailability due to maintenance, upgrades, or any other reasons. In particular, Day Traders bears no responsibility, and the User is not entitled to any compensation, for the unavailability of its Account and for damage or loss of any Data or other content that is uploaded, transferred, or saved on the Site and Services.

You may terminate your Account at any time by contacting our support team. Day Traders will confirm the receipt of the request to the User by e-mail, and the contractual relationship between the User and Day Traders will be terminated as of the date of the confirmation email. User is not entitled to any refund of any fees or costs, and all fees are final, non-cancelable, and non-refundable.

Users may perform any simulated trading on the Day Traders Site or applicable third-party platform other than any such transaction which constitutes Prohibited Conduct (as such term is defined below). You also agree to follow good market standard rules and practices for trading on financial markets (e.g., risk management rules). Restrictions may also be imposed by the trading conditions that you have selected for trading. You acknowledge that Day Traders has access to information about the trades that you perform on the Site. You grant Day Traders the right to share this information with its affiliates and use any such Data relating to your activity in the Site and Services for its legitimate business purposes. You agree that these activities may be performed automatically without any further consent, consultation, or approval on your part, and that you are not entitled to any remuneration or revenue associated with the use of the Data by Day Traders. Day Traders bears no responsibility for the information displayed on the Site or Services, nor for any interruption of, or delay or inaccuracy in the market information displayed through your Account. You agree to apply market standard risk management rules for trading on financial markets at all times while using the Site and Services. You acknowledge that these standards are not met where you open substantially (i) larger position sizes compared to your other trades, or (ii) smaller or larger number of positions compared to your other trades.

Day Traders reserves the right to determine, at its own discretion, whether certain trades, practices, strategies, or situations are Prohibited Conduct.

If you engage in any of Prohibited Conduct, Day Traders may (a) consider it as a failure to meet the conditions of the particular Day Traders Account, (b) remove the transactions that violate the prohibition from your trading history and/or not count their results in the profits and/or losses achieved by such Simulated Trading, or (c) immediately cancel all Services provided to you and subsequently terminate this Agreement and your Account. If the User engages in any Prohibited Conduct, Day Traders may prevent the User from accessing any or all Site and Services, including the Account and the Site, without any compensation or refunds. Day Traders is not responsible for trading or other investment activities performed by you or otherwise related to the Services in real trading on financial markets, except as expressly agreed upon pursuant to any supplemental or separate written agreement.

DEVELOPMENTS IN FINANCIAL MARKETS ARE SUBJECT TO FREQUENT AND ABRUPT CHANGES. TRADING ON FINANCIAL MARKETS MAY NOT BE PROFITABLE AND CAN LEAD TO SIGNIFICANT FINANCIAL LOSSES. ANY PREVIOUS PERFORMANCES AND PROFITS OF THE USER’S SIMULATED TRADING ARE NOT A GUARANTEE OR INDICATION OF ANY FURTHER PERFORMANCE.

8. DAY TRADERS ACCOUNT

After paying the fee for the selected option of the Day Traders Account, the User will receive the relevant login Data at the e-mail address provided by the User. If you do not activate the Day Traders Account within 30 calendar days of the date on which it was made available to you, your access to it will be suspended. You can request the renewal of access via the User Section or by contacting our support team within 6 months of the initial suspension, otherwise we will terminate the provision of the Services without any right to a refund of the fee. In order to graduate from the Day Traders Account, a User has to meet all profit targets, following applicable Trading Rules (defined in Section 26) and account parameters applicable to User’s Account for the applicable Day Traders Account, which remain subject to adjustment and change from time to time, without notice, and with a current schedule of Trading Rules and account parameters detailed on our website.

If User does not comply with the conditions specified in the paragraph above, the User will be evaluated as unsuccessful without refund and, if User wishes to continue trading, User will be required to reset for a new Day Traders Account at then-current rates.

If you are successful in graduating from the Day Traders Evaluation, you may be offered the opportunity to graduate from the evaluation phase of Day Traders and advance to a Day Traders funded account (pursuant to Day Traders sole discretion), which shall be governed pursuant to a separate written agreement between Trader and Day Traders.

9. THIRD-PARTY SERVICES

Our Site or Services may refer to Third Party Services. These Terms do not apply to such Third-Party Services, and we encourage you to read the terms and conditions for each website, application, and service you visit, use, or interact with (including, without limitation, Third Party Services). You are responsible for performing your own due diligence and evaluating whether any Third-Party Services are appropriate for you. You agree that Day Traders 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 Site or Services, you do so at your own risk.

10. DISCLAIMER OF WARRANTIES

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

DAY TRADERS DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE SITE OR SERVICES ARE LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, DAY TRADERS SPECIFICALLY DISCLAIMS SUCH WARRANTIES. BY USING THE SITE 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 SITE OR SERVICES.

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

WITHOUT LIMITING THE ABOVE, TO THE MAXIMUM EXTENT PERMITTED BY LAW, DAY TRADERS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY WITH REGARD TO ANY LINKED WEBSITE. DAY TRADERS 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 SITE, SERVICES, OR ON A LINKED WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. DAY TRADERS DISCLAIMS LIABILITY FOR SUCH ERRORS AND DOES NOT WARRANT OR REPRESENT THAT THE CONTENT ON OUR SITE, SERVICES, OR A LINKED WEBSITE IS UPDATED OR COMPLETE. DAY TRADERS HAS NO OBLIGATION TO UPDATE ANY CONTENT ON OUR SITE OR SERVICES AND MAY CHANGE OR IMPROVE OUR SITE 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 SITE OR SERVICES BY ANY PARTY OTHER THAN US.

11. LIMITATION OF LIABILITIES

IN NO EVENT WILL DAY TRADERS, ITS PARENTS, SUBSIDIARIES, PARTNERS, OR AFFILIATES, OR THE RESPECTIVE SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS OF EACH BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING ANY LOST PROFITS, LOST OR CORRUPTED DATA OR LOST OPPORTUNITY, NOR MONETARY HARM OR PROPERTY DAMAGE EVEN IF YOU OR ANY OTHER PERSON HAS NOTIFIED US ABOUT THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIMS BY ANY THIRD PARTIES, ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS, USE, OR CONTENT, OF OUR SITE OR SERVICES OR A LINKED WEBSITE OR IN RELIANCE OF ANY TOOL, FUNCTIONALITY INFORMATION OR OTHER CONTENT AVAILABLE IN CONNECTION WITH THE SITE OR SERVICES WHETHER SUCH CLAIMS ARE BROUGHT UNDER ANY THEORY OF LAW OR EQUITY. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR SERVICES, OR WITH ANY OF THE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND/OR SERVICES.

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

DAY TRADERS IS NOT RESPONSIBLE FOR ANY PRODUCTS, SERVICES, APPLICATIONS OR OTHER THIRD-PARTY CONTENT THAT YOU USE IN CONNECTION WITH THE SITE 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 DAY TRADERS IN THE IMMEDIATELY PRECEDING MONTH FOR DAY TRADERS PRODUCTS OR SERVICES OR (b) $100. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

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

12. PURCHASES; CREDIT CARD AND OTHER FINANCIAL INFORMATION

The Day Traders Site allows Users to place orders for Day Traders products. Orders are placed on the Day Traders Site and upon checkout your order will be processed by our third-party processing company, Collecto, Inc. User consents to the terms of use of Collecto upon checkout. The terms of use for Collecto are incorporated by reference herein. Upon placing an Order, you shall pay to Day Traders the purchase price as set forth in the “Order Summary” page or similar ordering mechanism. Day Traders, its third-party affiliates, and/or service providers may utilize the services of certain third-party payment processors to process payments of credit cards and other accepted methods of payment. Your purchase is subject to any additional terms and conditions imposed by such third-party payment processors. The purchase price and any applicable fees or taxes shall be applied to your chosen method of payment upon submission of your Order.

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

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

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

Day Traders accepts payments via credit and debit card through our Site or Services and utilize the services of certain third-party payment processors to process payments of credit cards and other accepted methods of payment. For more information, please see our privacy policy on our website. 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 Day Traders or its third-party payment processor to pay any fees or taxes related to your purchases of products or services through our Site or Services. The currency accepted will be in US Dollars.

If you are directed to a third-party website to make purchases, your purchase will be governed by the terms of such third-party website. If you desire to supply Credit or Debit Card Information, Personal Data, or financial information to any third-party service provider or to any Linked Website, you do so at your own risk and discretion. We strongly recommend you review the terms and conditions and privacy policy of any third party before providing such information. Day Traders is not responsible should you provide such information to any third party and is not responsible for the use of such information by any third party.

13. PROMO CODE USAGE

From time to time, and at Day Traders sole discretion, Day Traders may provide you the ability to access, use, or receive promo codes.  Promo codes provided by Day Traders 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 Day Traders). Each promo code is a single-use offer.

Any use of a promo code (including, without limitation, any applicable discount that may be associated with such 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 (including, without limitation, any applicable discount that may be associated with such promo code) that are provided, shared, or otherwise granted to you by Day Traders 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 (and are not redeemable) for monetary value. In order to receive a promo code, you may be required to provide us with certain information as further described in our privacy policy. Additionally, certain promo codes are only available to certain users, such as those with a Day Traders Account. Promo codes (including, without limitation, any applicable discount that may be associated with such promo code) may be subject to additional terms and conditions.

Additionally, you are prohibited, and are prohibited from having any third party:

• Use any promo code in any unauthorized or unethical manner
• Use any promo code or applicable discount more than a single time, for multiple purposes, or to obtain free services
• Use any promo code other than under your personal account
• Share any promo code with a third party, including, for example, among other users or to the public via social outlets or social media channels or profiles 
• Selling promo codes or attempting to commercially exploit the promo codes on behalf of yourself or a third party 
• Purchasing promo codes from third parties
• Trading promo codes
• Exploiting loopholes in the promo code system
• Copying promo codes for multiple purposes or for multiple accounts

Our Privacy Policy applies to any provision of promo codes by Day Traders. Additional restrictions may apply. Please read the details of each offer of a promo code as the restrictions and terms may vary. We reserve the right to modify, suspend, impose conditions on or cancel offers for promo codes at any time without notice. If the rules and restrictions specific to a promo code conflict with these Terms of Use, the promo code rules and restrictions shall apply.  

Promo codes will be delivered to you or otherwise made available to you (if applicable) through means made available by Day Traders, including, for example, through email, live chat, and Day Traders.

14. LINKING TO OUR SITE

You may link to our Site 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 Site or Services at any time and for any reason.

15. RESTRICTED SITE AND PASSWORDS/USER REGISTRATION

Certain functionality of the Site 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 Site or Services or otherwise, including through the use of any interactive features on our Site 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 Site 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 Site or Services by such User or any other person or entity using such User Credentials (whether or not such access has been authorized). You agree that access to the Account will be limited to the User which subscribed under such account. You agree to immediately notify Day Traders 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 Day Traders determines in its sole and absolute discretion you have opened multiple Accounts, Day Traders reserves the right to suspend or terminate your Account and 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, Day Traders may take the actions set forth in Section 15 as well.

Without limiting our other rights and remedies, You acknowledge and agree that Day Traders is authorized to act on all instructions received through your Account, and that Day Traders 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.

Day Traders 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. Day Traders shall not be liable for any loss or damage arising from a User’s failure to comply with this Section. Due to the global nature of the internet, you understand and agree that it is your responsibility to ensure that your use of the Site complies with all local, international, and other laws that may apply. In addition, United States import and export control laws and the import regulations of other countries may apply to the use of the Site. You agree not to export, upload, post, or transfer, directly or indirectly, any software, technical data, or technology acquired through us, the Site, or the Services in violation of such export or import laws, including, but not limited to, the United States Export Administration Regulations (EAR) and the various United States sanctions programs.

16. SUBMITTING CONTENT OR COMMENTS ON OUR SITE (CONTENT PROVIDED BY YOU)

If you submit User Content, you agree to abide by these Terms.

You shall not submit User Content on our Site 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 Day Traders privacy policy or otherwise injurious to Day Traders or any third parties, constitutes commercial solicitation or advertising (except where pre-approved in writing by Day Traders), or consist primarily of an unsolicited electronic mass mailing.

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

Day Traders does not guarantee that User Content will remain private, even if such User Content is entered into a password-protected section of the Site or Services. Accordingly, you should not provide User Content that you want protected from others. You are responsible for the User Content enter, submit, create, post, upload, transmit, or otherwise provide through or using the Site 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 or Visitors. We may make User Content available, including publicly available, to other Site and Services Users and Visitors, as applicable and at its sole discretion.

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

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

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

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

17. CONTENT LICENSE

By submitting User Content, you grant Day Traders 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 Site or Services and on any other website, 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 Day Traders, in its sole discretion. All rights, licenses and privileges herein described are granted to Day Traders 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.

18. INTELLECTUAL PROPERTY, TRADEMARKS, AND COPYRIGHTS

Day Traders Site 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 Day Traders, 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 Day Traders Site or Services or any component thereof.

You are granted a personal nonexclusive, nontransferable, non-sublicensable, non-assignable, limited, and revocable right to access, use, display, and navigate our Site and Services solely for your personal, non-commercial, and non-public use. You shall not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of our material, except for your personal, non-commercial, and non-public use. You shall not access or use for any commercial purposes any part of our Site or Services.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of our Site or Services in breach of these Terms, your right to use Day Traders Site and Services will cease immediately and you must, at our option, return, or destroy any copies of the materials you have made. No right, title, or interest in or to our Site or Services or any content on our Site or Services is transferred to you, and all rights not expressly granted herein are reserved by Day Traders. ALL RIGHTS RESERVED. 

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

The Marks displayed on our Site and Services are the property of Day Traders, unless otherwise disclosed and any and all rights not expressly granted herein are reserved. ALL RIGHTS RESERVED. You are prohibited from using, removing, or altering any Marks for any purpose including use on other materials, in presentations, as domain names, or as meta-tags, without our written permission.

Except as expressly provided above, no Intellectual Property displayed on Day Traders Site or Services or on any of the Content may be reproduced, altered, removed, transmitted, published, or distributed, whether electronically, mechanically, by photocopy, recording or otherwise, without the prior written permission of Day Traders. Use of any Day Traders trademarks as metatags on any third-party site is strictly prohibited. You may not co-brand our Site or display our Site in frames (or any of the Content via in-line links) without prior written permission from Day Traders. You agree to cooperate with Day Traders 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.

19. DIGITAL MILLENNIUM COPYRIGHT ACT

The following policy has been adopted pursuant to the Digital Millennium Copyright Act (found at http://lcweb.loc.gov/copyright/legislation/dmca.pdf).

The address of the Designated Agent can be found above in Section 2. If you believe that content or material provided through the Site or Services infringes a copyright, please send a notice containing the following information to the Designated Agent:

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

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

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

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

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

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

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

20. TERMINATION

Users may terminate receipt of any free service publications at any time by sending Day Traders a request for removal from the relevant distribution list. All free service publication emails will include a link allowing a User to unsubscribe. If you wish to terminate receipt of such publications, please use the link on the attached email or see the contact information provided in Section 2.

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

21. JURISDICTION AND ENFORCEABILITY

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

  Disputes & Arbitration

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

ARBITRATION USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY, ALLOWS FOR MORE LIMITED DISCOVERY THAN IN COURT, AND IS SUBJECT TO VERY LIMITED REVIEW BY COURTS. YOU MAY CHOOSE TO BE REPRESENTED BY A LAWYER IN ARBITRATION OR PROCEED WITHOUT ONE. THIS ARBITRATION PROVISION SHALL SURVIVE TERMINATION OF THIS AGREEMENT. IF, HOWEVER, EITHER THE CLASS ACTION WAIVER OR COORDINATED CLAIMS PROVISION BELOW ARE FOUND INVALID, THEN THE SPECIFIC INVALID PROVISION WILL BE UNENFORCEABLE AND WILL BE SEVERED AND THE REMAINDER OF THE ARBITRATION PROVISIONS WILL REMAIN IN FULL FORCE.

In the event the parties are not able to resolve any dispute, claim or controversy, including those known or unknown that may be later discovered, between them arising out of or concerning these Terms or any provisions hereof, or other agreements on the Site, other agreements between us, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, whether in contract, tort, or otherwise, at law or in equity for damages or any other relief, legal or equitable, then such dispute shall be resolved only by final and binding arbitration pursuant to the American Arbitration Association in accordance with its Consumer Arbitration Rules (“AAA”), conducted by a single neutral arbitrator and administered by the AAA as those Rules exist on the effective date of this Agreement. If the arbitrator finds this location of arbitration unreasonably burdensome to you, a new location may be selected in a location mutually agreed upon by the parties, or the arbitration may be conducted over the phone, using video conferencing, or similar. You may be entitled to an in-person hearing near your place of residence. The following conditions for arbitration will apply:

1. There will be a panel of one (1) arbitrator;
2. The place of arbitration shall be Las Vegas, Nevada;
3. The arbitration shall be held, and the award rendered, in English;
4. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof; and
5. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. If you elect to seek arbitration, you must first send to us, by certified mail, a written notice of your claim (“Notice”). The Notice to us must be addressed to:

Day Traders LLC

Address: 2300 W Sahara Avenue, Suite 800, Las Vegas, Nevada 89102

If we initiate arbitration, we will send a written Notice to an email address you have previously provided to us, if available. We may also use any other means to contact you, including a message in your account or to an address we have on file. A Notice, whether sent by you or by us, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If you and we do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Day Traders may commence an arbitration proceeding Arbitration forms can be downloaded from https://www.adr.org.

Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

YOU AGREE THAT ANY ARBITRATION UNDER THESE TERMS AND CONDITIONS WILL TAKE PLACE ON AN INDIVIDUAL BASIS. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, INCLUDING BUT NOT LIMITED TO A PRIVATE ATTORNEY GENERAL ACTION. CLASS ARBITRATIONS AND CLASS/REPRESENTATIVE/COLLECTIVE ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO RELINQUISH THE ABILITY  TO  PARTICIPATE  IN  A  CLASS.

ARBITRATION OR CLASS ACTION. Further, unless both you and Day Traders agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.

If this specific provision is found to be unenforceable, then the entirety of this Class Action Waiver and the Disputes & Arbitration provisions shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.

22. FORCE MAJEURE

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

23. VIOLATION OF THESE TERMS

IF THE USER OR VISITOR VIOLATES ANY PROVISION OF THESE TERMS INCLUDING BY ACCESSING THE SERVICES IN CONFLICT WITH THIS AGREEMENT, PROVIDING INCOMPLETE, UNTRUE OR NON-UPDATED INFORMATION, ACTING IN A MANNER THAT (A) MAY CAUSE DAY TRADERS RISK OF OR ACTUAL REPUTATIONAL DAMAGE, OR (B) VIOLATES THE TRADING RULES, DAY TRADERS MAY PREVENT COMPLETELY OR PARTIALLY RESTRICT YOUR ACCESS TO ANY OR ALL OF THE SITE AND/OR SERVICES, WITHOUT ANY PRIOR NOTICE AND WITHOUT ANY COMPENSATION OR REFUNDS.

24. WAIVER OF CLASS ACTION RIGHTS

PLEASE READ THIS ENTIRE SECTION CAREFULLY. EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, IT REQUIRES A WAIVER TO YOUR ABILITY TO PARTICIPATE (AND THE RIGHTS YOU MAY HAVE IN) A CLASS ACTION AND 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 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 HEREBY (WHETHER BASED ON CONTRACT, TORT OR ANY OTHER THEORY).EACH PARTY HERETO (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 HERETO HAVE BEEN INDUCED TO ENTER INTO THIS AGREEMENT BY, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS SECTION.

25. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless the Day Traders Parties, for all costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to (a) your access to or use of our Site or Services, (b) your violation of the Terms or applicable law, (c) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity, (d) any funding of your account from any source and any payment methods used. Day Traders reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of Day Traders. Day Traders 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 Day Traders Account is subject to the functioning of a real market. Taking advantage of the simulated environment to gain an edge in the Day Traders Account is not permitted. By way of example, slippage, preferential order in the que, market gaps, and high volume of trades within short periods of time are areas you are not permitted to take advantage of in the Day Traders Account. Trading activity in the Day Traders 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, Day Traders retains the right to reject any claims of passing or advancing in the Day Traders Account, as well as render your Account ineligible and prohibit you from further use of any of Day Traders Site or Services. If you are found to have profited from taking advantage of the simulated environment to gain an edge in your Day Traders Account at any time you have graduated past the Day Traders 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 Day Traders, 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”):

1. 1. 1. Knowingly or unknowingly
         1. Using platform or data freezing;
         2. Using delayed or slow data feed, whether internal or external;
         3. Trading on delayed charts;
         4. Using guarantee of compliance with limit orders;
         5. Martingale strategy (i.e. doubling down on losing trades)
         6. Using hedging trades between the Day Traders Account(s), different accounts under the same account holder, or in concert with any other persons;
         7. Traders cannot hedge by taking positions in related instruments. For example, taking a long position using a related instrument in one account and a short position in another account, using the same related instrument. Hedging between correlated markets or instruments is also not permitted. 
         8. Using, such software, AI, high frequency automated trading, mass data entry, or other programs that manipulate or abuse the Pro Accounts or the simulated trading environment give Customer an unfair advantage when using the services;
         9. Otherwise exploiting the simulated environment provided by our services;
      2. Engaging in gap trading
         1. All trades will be attempted to be automatically flattened upon the relevant market closure. Traders must close all positions prior to 5:00 PM EST;
      3. Engaging in collaboration with other persons by:
         1. Allowing access by third parties to Customer’s Accounts;
         2. Trading on another person’s account(s) or on behalf of another person;
         3. Sharing trades and strategies with other users or making trades that were not Customer’s own creation;
         4. Engaging in account management;
      4. Engaging in trading practices that are in contradiction of standard risk management rules applicable to the relevant financial market, including but not limited to opening positions of substantially larger sizes than other trades on the Day Traders Accounts;
         1. opening positions in substantially larger quantity than other trades on the Day Traders Accounts, and
         2. opening positions that are grossly overleveraged;
         3. intentionally attempting to open trades with higher contract limits than their contract size allocation for the Day Traders Account;
      5. Engaging in any other activities that are in contradiction with how trading is actually performed in the DT Markets, or in a way that causes reasonable concerns that the Company might suffer financial or other harm as a result of Customer’s activities.

We reserve the right to determine in our sole discretion whether a certain event constitutes a Noncompliant Trading Practice. Trader agrees to all the Day Traders Account rules listed herein, and as stated in https://help.daytraders.com/en/articles/9855087-evaluation-account-rules and https://help.daytraders.com/en/articles/9917848-pro-account-trading-rules.

All use of the Site and Services, including trading in the Day Traders Account, is subject to trading rules established by Day Traders (collectively, “Trading Rules”), which are subject to change by Day Traders 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, counts as a rule violation. If the Net profit and loss should hit or exceed the Daily Loss Limit during the trading day (6:00PM CST to 5:00 PM CST), the account will hit a Hard 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 CST).

Trading can only occur during normal electronic trading hours unless otherwise indicated by us. Abbreviated holiday hours can be found on Day Traders website. All positions MUST be closed prior to 5:00 PM CST or prior to the market close, whichever is sooner. Traders are only permitted to trade permitted products by Day Traders. For more information, please visit our help center here.

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

Additionally, to deter and avoid violations of the trading rules (as set forth in this Section 26 and in addition the Express Funded 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 5:00 PM CST) as determined by Day Traders.

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

27. OTHER PROHIBITED USES

You are solely responsible for any and all acts and omissions that occur under your Account, and you agree not to engage in unacceptable use of the Site 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 Site or Services; 
• Using any VPN or VPS on Accounts is strictly prohibited and may result in account termination and forfeiture of profits. 

• Using the Site or Services to gain competitive intelligence about Day Traders or the Site or Services to compete with Day Traders 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 incentive healthier trading habits and utilization of Day Traders educational materials, Day Traders 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-transferrable 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 Day Traders 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 Day Traders Pro Account or Day Traders Evaluation Account that has not been purchased or opened with any credits or rewards offered by Day Traders or its Affiliates, including any Rewards, and (ii) be 18 years old or older and cannot be listed on the OFAC Specially Designated Nationals and Blocked Persons List or located in a country on the OFAC Sanctioned Country List (or other similar list or designation).

Day Traders may prohibit any User or potential User from participating in a given Reward, if, at the sole discretion of Day Traders, (i) such person shows a disregard for these Terms, (ii) acts with an intent to annoy, abuse, threaten, or harass any other User, Day Traders, or its agents or representatives, (iii) disparages Day Traders or its products or services, Day Traders competitors or their products or services, Day Traders Affiliates or any other person or party affiliated with Day Traders, or (iv) acts in any other disruptive manner. Day Traders may, for no consideration and without any notice to a User, alter or cancel any Reward earned by such User that Day Traders deems to have violated these Terms, regardless of if such activity was or was not related to earning such Reward. Day Traders decisions, in its sole discretion, as to all matters related to Rewards are final.

29. OTHER IMPORTANT TERMS

These Terms are in addition to any other agreements between you and Day Traders:

Nothing in these Terms shall create or be deemed to create a partnership, agency, trust arrangement, fiduciary relationship, or joint venture between you and Day Traders. Neither you nor Day Traders 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 Day Traders which would be both difficult to ascertain and which would not be compensable by damages alone. As such, you agree that Day Traders 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 Day Traders 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 Site or Services or any service, content, feature, or product offered through our Site or Services, with or without notice; charge fees in connection with the use of our Site and Services; modify and/or waive any fees charged in connection with our Site or Services; and/or offer opportunities to some or all users of our Site 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 Site or Services, or any service, content, feature, or product offered through our Site 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 Day Traders 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.

Day Traders may assign any claim from these Terms or any agreement to a third party without your consent. You agree that Day Traders 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 Site 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.

30. GOVERNING LAW

These Terms of Use, along with any related policies, and any disputes, claims, or controversies arising out of or relating to them, or any transactions contemplated under them, shall be governed by, and construed in accordance with, the laws of the state of Nevada, without regard to its conflict of laws principles. The parties agree that, due to the arbitration provision contained herein, customers expressly waive their right to sue in court, including the right to a trial by jury, and agree that any disputes, claims, or controversies will be resolved exclusively through binding arbitration. However, if for any reason a dispute is not subject to arbitration, any legal action, suit, or proceeding arising out of or related to these Terms of Use or any related policies shall be brought exclusively in the federal or state courts located in Las Vegas, Nevada. By agreeing to these Terms of Use, each party submits to the exclusive jurisdiction of such courts and waives any objections to the jurisdiction, venue, or convenience of these forums. Each party shall bear its own legal fees and costs, unless otherwise required by law or explicitly provided for in these Terms of Use or any related policies.

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 Site 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 Site and Services.

You acknowledge that you have carefully assessed the possible risks arising from 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 Site 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 Site or Services.

32. FEEDBACK

Day Traders welcomes your Feedback. If you submit Feedback to Day Traders, please note that your Feedback shall become the property of Day Traders, and you hereby irrevocably assign to Day Traders 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.

DAY TRADERS TERMS OF USE

These Terms of Use (“Terms”) govern access to and the use of www.daytraders.com (“Site”) or Services of Day Traders LLC, a Nevada limited liability company, and its affiliated entities (collectively, “Day Traders”, “DT”, “we”, “our”, or “us”), by our account holders, users, and visitors (“you”, “your”, “Trader” or “User”), however such Site 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 Site and all applicable content and documents are incorporated by reference herein. All agreements executed between Day Traders, Traders, and Affiliates are incorporated by reference herein. 

The Day Traders Site 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 Day Traders. 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 DAY TRADERS SITE 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 DAY TRADERS PRODUCTS AND CONTENT. ADDITIONALLY, BY REGISTERING FOR, ACCESSING, BROWSING, CREATING AN ACCOUNT, POSTING OR DOWNLOADING CONTENT, OR OTHERWISE USING THE DAY TRADERS SITE OR SERVICES OR ENTERING INTO ANY OTHER AGREEMENT WITH US, YOU ACKNOWLEDGE AND AGREE TO GIVE UP, AND YOU HEREBY WAIVE, ANY RIGHTS TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR REPRESENTATIVE ACTION WITH RESPECT TO ANY DISPUTES OR CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE SERVICES.

Once accepted, these Terms remain effective until terminated as provided for herein. Please check back periodically to review the Terms of Use and Privacy Policy as we reserve the right to modify or change these Terms after providing notice to you. The form of such notice is at our discretion and may include, without limitation, clear and conspicuous messaging or posting on the Site or Services indicating the Terms of Use have been changed. Any modification or change shall be effective upon such notice. We may, in our sole discretion, elect to suspend or terminate access to, or use of, the Day Traders Site, Services, and Content by anyone who violates these Terms. You may not interfere with the security of, or otherwise abuse the Day Traders, Site, Services, and Content, or any system resources, services, or networks connected to or accessible through the Day Traders Site, Services, and Content. You may only use the Day Traders Site, Services, and Content for lawful purposes and are prohibited from using the Day Traders Site, Services, and Content in a manner contrary to or in violation of these Terms of Use. The official language used by Day Traders is English and translations are made for convenience and reference only; in the event of a conflict between the English language version of this document and any version translated into any other language, the English language version shall prevail. You acknowledge and agree that we are not a broker-dealer, as such term is used in United States financial services regulations, and that we do not trade securities on our or another party’s behalf as part of the Site or Services, nor do we directly offer any financial advice of our own as part of the Site or Services. You acknowledge and agree that we are not liable for any losses or gains that may arise from your reliance upon information provided through the Site or Services or your interaction with other Users.

1. DEFINITIONS

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

“Content” means all information and other materials present on the Site, including, without limitation, the Services, Day Traders, Site, Services, Content, text, images, photos, trading ideas, publications, opinions, rumors, advice, charts, financial information, ratings, and reviews.

“Collecto” means Collecto, Inc. a Delaware corporation who processes payments made on the Site.

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

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

“Day Traders Account” means the trading account of User on the Day Traders Site and/or applicable third-party trading platform. This definition includes Day Traders Evaluation Accounts and Day Traders Pro Accounts.

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

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

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

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

“Hard Breach” occurs where the daily loss limit objective for your Account is breached or exceeded. A Hard Breach is considered a rule violation and places a temporary suspension from trading for the remainder of the then-current trading session, which may become permanent at the sole discretion of Day Traders.  

“Intellectual Property” means Day Traders Site and Services, their contents, or any copyright, trademark, trade name, service mark or any other proprietary information of Day Traders.

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

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

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

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

“Services” means, as applicable, the services as listed on the Day Traders Site or offered by an applicable affiliate of Day Traders.

“Simulated Account” means an account using real-time simulated Data and any accounts relating to tracking education courses provided by Day Traders including those described in Section 7. Trades in a simulated account are not made in live markets and do not incur actual profits or losses.

“Site” means www.daytraders.com, software, applications, online services, and products.

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

“Terms” means the terms and conditions contained in these Terms of Use and all other operating rules, policies (including, without limitation, our Privacy Policy at www.daytraders.com) and any future modifications thereof, and procedures that may be published from time to time on the Site or Services or made available to you on or through the Day Traders Services.

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

“Day Traders” means Day Traders LLC, a Nevada limited liability company.

“Day Traders Account means a Simulated Account used for experiential learning where a User is provided tools to develop trading skills, with such User’s performance being evaluated for the opportunity to get funded with the trading capital of Day Traders or advance to another product or service offered by Day Traders.

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

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

“User Content” means blogs, comments, or other content submitted or posted by a User that is intended for public display on any of Day Traders Site or Services.

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

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

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

2. CONTACT INFORMATION/DESIGNATED AGENT

If you have any questions or comments or seek any additional information on Day Traders, please contact our support team. You may also write to us at: Day Traders LLC, 2300 W Sahara Avenue, Suite 800, Las Vegas, Nevada 89102. Inquiries or other correspondence for the Designated Agent should be sent to the above mailing or electronic address. You acknowledge that all communication from Day Traders or its affiliates in connection with the provision of Services will take place through your e-mail address, which you register with us. Written electronic communication by e-mail or through the User Section is also considered to be written communication.

3. SERVICES 

The Day Traders Evaluation is a Simulated Account where your performance is evaluated for the opportunity to get funded with the trading capital of Day Traders or advance to another product or service offered by Day Traders, either of which shall be governed pursuant to separate or supplemental written agreement. Please click go to our website further information regarding the Services as they relate to the Day Traders Evaluation.  

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 Site and Services.

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

The fee for the Day Traders Account’s 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 Day Traders Evaluation are met. The final fee will be determined based on the option you select when completing the form for ordering the Day Traders Account. The fee is paid for allowing you to access your Day Traders Account and any Services or educational resources provided in connection therewith. You are not entitled to a refund of the fee, for example, if you cancel your Account or request the cancellation by e-mail, if you terminate the use of the Services prematurely (for example, fails to complete the Day Traders Evaluation), you fail to meet the conditions of Day Traders Evaluation or if you violate the Terms in any manner.

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

Any Data entered in your registration form can be checked, corrected, and amended until the binding order of the Services. The order of the Services of your choice is made by submitting the registration. Day Traders will confirm the receipt of your order to your e-mail address. In the case of the Day Traders Evaluation or Day Traders Pro Account, the order is completed upon the payment of the fee for the selected option, whereby the contract between you and Day Traders is executed, the subject of which is the provision of the Day Traders Account.

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

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

In order that Day Traders is able to deter and stop gambling type behavior, if you place an unusually large number of orders for the Services within an unreasonably short period of time (e.g., in excess of 3 resets in a given 24-hour period or having multiple Day Traders Account’s), we reserve the right to suspend any further orders of the Services by you. If we identify that the unusual behavior relates to the User’s involvement in Prohibited Conduct (see Section 27), we reserve the right to determine, at our own discretion, the nature of the behavior described and reasonable consequences, including, without limitation the immediate termination of your access to the Site and Services. A core tenet of Day Traders mission is to educate Users and hone their skills to develop healthy trading habits. Day Traders aims to provide a safe environment for Users to engage in Simulated Trading and reserves the right to take any action it deems prudent to deter any Use for engaging in gambling type behavior or other actions which Day Traders, in its sole discretion, deems in conflict with its mission and values.

4. ELIGIBILITY; Commodity FUtures trading commission disclaimer

CFTC RULE 4.41 – ALL HYPOTHETICAL OR SIMULATED PERFORMANCE RESULTS HAVE CERTAIN LIMITATIONS. UNLIKE THE RESULTS SHOWN IN AN ACTUAL PERFORMANCE RECORD, SIMULATED RESULTS DO NOT REPRESENT ACTUAL TRADING. ALSO, BECAUSE THE TRADES HAVE NOT ACTUALLY BEEN EXECUTED, THE RESULTS MAY HAVE UNDER-OR OVER-COMPENSATED FOR THE IMPACT, IF ANY, OF CERTAIN MARKET FACTORS, SUCH AS LACK OF LIQUIDITY. SIMULATED OR HYPOTHETICAL TRADING PROGRAMS IN GENERAL ARE ALSO SUBJECT TO THE FACT THAT THEY ARE DESIGNED WITH THE BENEFIT OF HINDSIGHT. NO REPRESENTATION IS BEING MADE THAT ANY ACCOUNT WILL OR IS LIKELY TO ACHIEVE PROFITS OR LOSSES SIMILAR TO THOSE BEING SHOWN.

The Site and Services include access to tools for simulated exchange trading or trading with other instruments on other financial markets, the provision of analytical tools, training and educational materials, and other ancillary services. Financial market information is used in the simulated trading; however, you acknowledge that any trading that you perform through the Services is not real. You also acknowledge that the funds provided to you for Simulated Trading are fictitious and that you have no right to possess those fictitious funds beyond the scope of their use within the Site and Services, and in particular that they may not be used for any actual trading and that you are not entitled to the payment of those funds. Unless expressly agreed otherwise, you will not be paid any remuneration or profits based on the results of your fictitious trading, nor will you be required to pay any losses.

You represent and warrant that you are not a professional trader and are at least 18 years of age. The Day Traders Site is only for non-professional traders. If upon review of your Day Traders Account, Day Traders discovers you are a professional trader, your account will be terminated effective immediately. In jurisdictions, territories, and locations where the minimum age for permissible use of the Site or Services is greater than 18 years of age, you represent and warrant that you meet the age requirement for the minimum age for permissible use of the Site or Services. If you are under the minimum age for permissible use of the Site or Services, in your jurisdiction, territory, or location, irrespective of whether your parent or guardian consents to your use of the Site or Services, you may not utilize the Site or Services.

You represent and warrant that you have not been convicted of a felony, disciplined by the National Futures Association, or disciplined by the U.S. Commodity Futures Trading Commission. You represent and warrant that you do not have an outstanding balance with a trading firm. If you are a convicted felon, have been disciplined by the National Futures Association, have been disciplined by the U.S. Commodity Futures Trading Commission, or have an outstanding balance with a trading firm, you are not eligible to use the Site or Services.

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

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

You may not, without our prior written consent, access Day Traders Products and Content (a) for production purposes, (b) if you are a competitor of Day Traders, (c) to monitor the availability, performance or functionality of the Day Traders Site or Services, or (d) for other benchmarking or competitive purposes.

5. NOT A BROKER-DEALER

You acknowledge and agree that we are not a broker-dealer, as such term is used in United States financial services regulations, and that we do not trade securities on our or another party’s behalf as part of the Site or Services, nor do we directly offer any financial advice of our own as part of the Site or Services. You acknowledge and agree that we are not liable for any losses or gains that may arise from your reliance upon information provided through the Site or Services or your interaction with other Users.

6. RELIANCE ON INFORMATION SHOWN ON OUR SITE OR SERVICES (CONTENT PROVIDED BY DAY TRADERS)

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

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

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

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

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

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

Day Traders does not promote any financial instruments on the Site or Services. Day Traders does not receive any compensation from companies whose financial instruments appear on the Site or Services.

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

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

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

7. USER SECTION

Except as expressly contemplated in the rules delineated in the Day Traders Evaluation and Day Traders Pro Account, as listed herein, you may not transfer or combine your Account’s performance, service parameters, Data, or any other information between products or with any other User.

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

The User acknowledges that the availability of the Site and Services is not guaranteed and is subject to unavailability due to maintenance, upgrades, or any other reasons. In particular, Day Traders bears no responsibility, and the User is not entitled to any compensation, for the unavailability of its Account and for damage or loss of any Data or other content that is uploaded, transferred, or saved on the Site and Services.

You may terminate your Account at any time by contacting our support team. Day Traders will confirm the receipt of the request to the User by e-mail, and the contractual relationship between the User and Day Traders will be terminated as of the date of the confirmation email. User is not entitled to any refund of any fees or costs, and all fees are final, non-cancelable, and non-refundable.

Users may perform any simulated trading on the Day Traders Site or applicable third-party platform other than any such transaction which constitutes Prohibited Conduct (as such term is defined below). You also agree to follow good market standard rules and practices for trading on financial markets (e.g., risk management rules). Restrictions may also be imposed by the trading conditions that you have selected for trading. You acknowledge that Day Traders has access to information about the trades that you perform on the Site. You grant Day Traders the right to share this information with its affiliates and use any such Data relating to your activity in the Site and Services for its legitimate business purposes. You agree that these activities may be performed automatically without any further consent, consultation, or approval on your part, and that you are not entitled to any remuneration or revenue associated with the use of the Data by Day Traders. Day Traders bears no responsibility for the information displayed on the Site or Services, nor for any interruption of, or delay or inaccuracy in the market information displayed through your Account. You agree to apply market standard risk management rules for trading on financial markets at all times while using the Site and Services. You acknowledge that these standards are not met where you open substantially (i) larger position sizes compared to your other trades, or (ii) smaller or larger number of positions compared to your other trades.

Day Traders reserves the right to determine, at its own discretion, whether certain trades, practices, strategies, or situations are Prohibited Conduct.

If you engage in any of Prohibited Conduct, Day Traders may (a) consider it as a failure to meet the conditions of the particular Day Traders Account, (b) remove the transactions that violate the prohibition from your trading history and/or not count their results in the profits and/or losses achieved by such Simulated Trading, or (c) immediately cancel all Services provided to you and subsequently terminate this Agreement and your Account. If the User engages in any Prohibited Conduct, Day Traders may prevent the User from accessing any or all Site and Services, including the Account and the Site, without any compensation or refunds. Day Traders is not responsible for trading or other investment activities performed by you or otherwise related to the Services in real trading on financial markets, except as expressly agreed upon pursuant to any supplemental or separate written agreement.

DEVELOPMENTS IN FINANCIAL MARKETS ARE SUBJECT TO FREQUENT AND ABRUPT CHANGES. TRADING ON FINANCIAL MARKETS MAY NOT BE PROFITABLE AND CAN LEAD TO SIGNIFICANT FINANCIAL LOSSES. ANY PREVIOUS PERFORMANCES AND PROFITS OF THE USER’S SIMULATED TRADING ARE NOT A GUARANTEE OR INDICATION OF ANY FURTHER PERFORMANCE.

8. DAY TRADERS ACCOUNT

After paying the fee for the selected option of the Day Traders Account, the User will receive the relevant login Data at the e-mail address provided by the User. If you do not activate the Day Traders Account within 30 calendar days of the date on which it was made available to you, your access to it will be suspended. You can request the renewal of access via the User Section or by contacting our support team within 6 months of the initial suspension, otherwise we will terminate the provision of the Services without any right to a refund of the fee. In order to graduate from the Day Traders Account, a User has to meet all profit targets, following applicable Trading Rules (defined in Section 26) and account parameters applicable to User’s Account for the applicable Day Traders Account, which remain subject to adjustment and change from time to time, without notice, and with a current schedule of Trading Rules and account parameters detailed on our website.

If User does not comply with the conditions specified in the paragraph above, the User will be evaluated as unsuccessful without refund and, if User wishes to continue trading, User will be required to reset for a new Day Traders Account at then-current rates.

If you are successful in graduating from the Day Traders Evaluation, you may be offered the opportunity to graduate from the evaluation phase of Day Traders and advance to a Day Traders funded account (pursuant to Day Traders sole discretion), which shall be governed pursuant to a separate written agreement between Trader and Day Traders.

9. THIRD-PARTY SERVICES

Our Site or Services may refer to Third Party Services. These Terms do not apply to such Third-Party Services, and we encourage you to read the terms and conditions for each website, application, and service you visit, use, or interact with (including, without limitation, Third Party Services). You are responsible for performing your own due diligence and evaluating whether any Third-Party Services are appropriate for you. You agree that Day Traders 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 Site or Services, you do so at your own risk.

10. DISCLAIMER OF WARRANTIES

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

DAY TRADERS DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE SITE OR SERVICES ARE LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, DAY TRADERS SPECIFICALLY DISCLAIMS SUCH WARRANTIES. BY USING THE SITE 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 SITE OR SERVICES.

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

WITHOUT LIMITING THE ABOVE, TO THE MAXIMUM EXTENT PERMITTED BY LAW, DAY TRADERS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY WITH REGARD TO ANY LINKED WEBSITE. DAY TRADERS 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 SITE, SERVICES, OR ON A LINKED WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. DAY TRADERS DISCLAIMS LIABILITY FOR SUCH ERRORS AND DOES NOT WARRANT OR REPRESENT THAT THE CONTENT ON OUR SITE, SERVICES, OR A LINKED WEBSITE IS UPDATED OR COMPLETE. DAY TRADERS HAS NO OBLIGATION TO UPDATE ANY CONTENT ON OUR SITE OR SERVICES AND MAY CHANGE OR IMPROVE OUR SITE 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 SITE OR SERVICES BY ANY PARTY OTHER THAN US.

11. LIMITATION OF LIABILITIES

IN NO EVENT WILL DAY TRADERS, ITS PARENTS, SUBSIDIARIES, PARTNERS, OR AFFILIATES, OR THE RESPECTIVE SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS OF EACH BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING ANY LOST PROFITS, LOST OR CORRUPTED DATA OR LOST OPPORTUNITY, NOR MONETARY HARM OR PROPERTY DAMAGE EVEN IF YOU OR ANY OTHER PERSON HAS NOTIFIED US ABOUT THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIMS BY ANY THIRD PARTIES, ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS, USE, OR CONTENT, OF OUR SITE OR SERVICES OR A LINKED WEBSITE OR IN RELIANCE OF ANY TOOL, FUNCTIONALITY INFORMATION OR OTHER CONTENT AVAILABLE IN CONNECTION WITH THE SITE OR SERVICES WHETHER SUCH CLAIMS ARE BROUGHT UNDER ANY THEORY OF LAW OR EQUITY. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR SERVICES, OR WITH ANY OF THE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND/OR SERVICES.

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

DAY TRADERS IS NOT RESPONSIBLE FOR ANY PRODUCTS, SERVICES, APPLICATIONS OR OTHER THIRD-PARTY CONTENT THAT YOU USE IN CONNECTION WITH THE SITE 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 DAY TRADERS IN THE IMMEDIATELY PRECEDING MONTH FOR DAY TRADERS PRODUCTS OR SERVICES OR (b) $100. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

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

12. PURCHASES; CREDIT CARD AND OTHER FINANCIAL INFORMATION

The Day Traders Site allows Users to place orders for Day Traders products. Orders are placed on the Day Traders Site and upon checkout your order will be processed by our third-party processing company, Collecto, Inc. User consents to the terms of use of Collecto upon checkout. The terms of use for Collecto are incorporated by reference herein. Upon placing an Order, you shall pay to Day Traders the purchase price as set forth in the “Order Summary” page or similar ordering mechanism. Day Traders, its third-party affiliates, and/or service providers may utilize the services of certain third-party payment processors to process payments of credit cards and other accepted methods of payment. Your purchase is subject to any additional terms and conditions imposed by such third-party payment processors. The purchase price and any applicable fees or taxes shall be applied to your chosen method of payment upon submission of your Order.

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

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

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

Day Traders accepts payments via credit and debit card through our Site or Services and utilize the services of certain third-party payment processors to process payments of credit cards and other accepted methods of payment. For more information, please see our privacy policy on our website. 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 Day Traders or its third-party payment processor to pay any fees or taxes related to your purchases of products or services through our Site or Services. The currency accepted will be in US Dollars.

If you are directed to a third-party website to make purchases, your purchase will be governed by the terms of such third-party website. If you desire to supply Credit or Debit Card Information, Personal Data, or financial information to any third-party service provider or to any Linked Website, you do so at your own risk and discretion. We strongly recommend you review the terms and conditions and privacy policy of any third party before providing such information. Day Traders is not responsible should you provide such information to any third party and is not responsible for the use of such information by any third party.

13. PROMO CODE USAGE

From time to time, and at Day Traders sole discretion, Day Traders may provide you the ability to access, use, or receive promo codes.  Promo codes provided by Day Traders 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 Day Traders). Each promo code is a single-use offer.

Any use of a promo code (including, without limitation, any applicable discount that may be associated with such 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 (including, without limitation, any applicable discount that may be associated with such promo code) that are provided, shared, or otherwise granted to you by Day Traders 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 (and are not redeemable) for monetary value. In order to receive a promo code, you may be required to provide us with certain information as further described in our privacy policy. Additionally, certain promo codes are only available to certain users, such as those with a Day Traders Account. Promo codes (including, without limitation, any applicable discount that may be associated with such promo code) may be subject to additional terms and conditions.

Additionally, you are prohibited, and are prohibited from having any third party:

• Use any promo code in any unauthorized or unethical manner
• Use any promo code or applicable discount more than a single time, for multiple purposes, or to obtain free services
• Use any promo code other than under your personal account
• Share any promo code with a third party, including, for example, among other users or to the public via social outlets or social media channels or profiles 
• Selling promo codes or attempting to commercially exploit the promo codes on behalf of yourself or a third party 
• Purchasing promo codes from third parties
• Trading promo codes
• Exploiting loopholes in the promo code system
• Copying promo codes for multiple purposes or for multiple accounts

Our Privacy Policy applies to any provision of promo codes by Day Traders. Additional restrictions may apply. Please read the details of each offer of a promo code as the restrictions and terms may vary. We reserve the right to modify, suspend, impose conditions on or cancel offers for promo codes at any time without notice. If the rules and restrictions specific to a promo code conflict with these Terms of Use, the promo code rules and restrictions shall apply.  

Promo codes will be delivered to you or otherwise made available to you (if applicable) through means made available by Day Traders, including, for example, through email, live chat, and Day Traders.

14. LINKING TO OUR SITE

You may link to our Site 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 Site or Services at any time and for any reason.

15. RESTRICTED SITE AND PASSWORDS/USER REGISTRATION

Certain functionality of the Site 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 Site or Services or otherwise, including through the use of any interactive features on our Site 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 Site 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 Site or Services by such User or any other person or entity using such User Credentials (whether or not such access has been authorized). You agree that access to the Account will be limited to the User which subscribed under such account. You agree to immediately notify Day Traders 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 Day Traders determines in its sole and absolute discretion you have opened multiple Accounts, Day Traders reserves the right to suspend or terminate your Account and 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, Day Traders may take the actions set forth in Section 15 as well.

Without limiting our other rights and remedies, You acknowledge and agree that Day Traders is authorized to act on all instructions received through your Account, and that Day Traders 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.

Day Traders 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. Day Traders shall not be liable for any loss or damage arising from a User’s failure to comply with this Section. Due to the global nature of the internet, you understand and agree that it is your responsibility to ensure that your use of the Site complies with all local, international, and other laws that may apply. In addition, United States import and export control laws and the import regulations of other countries may apply to the use of the Site. You agree not to export, upload, post, or transfer, directly or indirectly, any software, technical data, or technology acquired through us, the Site, or the Services in violation of such export or import laws, including, but not limited to, the United States Export Administration Regulations (EAR) and the various United States sanctions programs.

16. SUBMITTING CONTENT OR COMMENTS ON OUR SITE (CONTENT PROVIDED BY YOU)

If you submit User Content, you agree to abide by these Terms.

You shall not submit User Content on our Site 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 Day Traders privacy policy or otherwise injurious to Day Traders or any third parties, constitutes commercial solicitation or advertising (except where pre-approved in writing by Day Traders), or consist primarily of an unsolicited electronic mass mailing.

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

Day Traders does not guarantee that User Content will remain private, even if such User Content is entered into a password-protected section of the Site or Services. Accordingly, you should not provide User Content that you want protected from others. You are responsible for the User Content enter, submit, create, post, upload, transmit, or otherwise provide through or using the Site 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 or Visitors. We may make User Content available, including publicly available, to other Site and Services Users and Visitors, as applicable and at its sole discretion.

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

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

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

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

17. CONTENT LICENSE

By submitting User Content, you grant Day Traders 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 Site or Services and on any other website, 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 Day Traders, in its sole discretion. All rights, licenses and privileges herein described are granted to Day Traders 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.

18. INTELLECTUAL PROPERTY, TRADEMARKS, AND COPYRIGHTS

Day Traders Site 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 Day Traders, 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 Day Traders Site or Services or any component thereof.

You are granted a personal nonexclusive, nontransferable, non-sublicensable, non-assignable, limited, and revocable right to access, use, display, and navigate our Site and Services solely for your personal, non-commercial, and non-public use. You shall not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of our material, except for your personal, non-commercial, and non-public use. You shall not access or use for any commercial purposes any part of our Site or Services.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of our Site or Services in breach of these Terms, your right to use Day Traders Site and Services will cease immediately and you must, at our option, return, or destroy any copies of the materials you have made. No right, title, or interest in or to our Site or Services or any content on our Site or Services is transferred to you, and all rights not expressly granted herein are reserved by Day Traders. ALL RIGHTS RESERVED. 

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

The Marks displayed on our Site and Services are the property of Day Traders, unless otherwise disclosed and any and all rights not expressly granted herein are reserved. ALL RIGHTS RESERVED. You are prohibited from using, removing, or altering any Marks for any purpose including use on other materials, in presentations, as domain names, or as meta-tags, without our written permission.

Except as expressly provided above, no Intellectual Property displayed on Day Traders Site or Services or on any of the Content may be reproduced, altered, removed, transmitted, published, or distributed, whether electronically, mechanically, by photocopy, recording or otherwise, without the prior written permission of Day Traders. Use of any Day Traders trademarks as metatags on any third-party site is strictly prohibited. You may not co-brand our Site or display our Site in frames (or any of the Content via in-line links) without prior written permission from Day Traders. You agree to cooperate with Day Traders 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.

19. DIGITAL MILLENNIUM COPYRIGHT ACT

The following policy has been adopted pursuant to the Digital Millennium Copyright Act (found at http://lcweb.loc.gov/copyright/legislation/dmca.pdf).

The address of the Designated Agent can be found above in Section 2. If you believe that content or material provided through the Site or Services infringes a copyright, please send a notice containing the following information to the Designated Agent:

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

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

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

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

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

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

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

20. TERMINATION

Users may terminate receipt of any free service publications at any time by sending Day Traders a request for removal from the relevant distribution list. All free service publication emails will include a link allowing a User to unsubscribe. If you wish to terminate receipt of such publications, please use the link on the attached email or see the contact information provided in Section 2.

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

21. JURISDICTION AND ENFORCEABILITY

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

  Disputes & Arbitration

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

ARBITRATION USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY, ALLOWS FOR MORE LIMITED DISCOVERY THAN IN COURT, AND IS SUBJECT TO VERY LIMITED REVIEW BY COURTS. YOU MAY CHOOSE TO BE REPRESENTED BY A LAWYER IN ARBITRATION OR PROCEED WITHOUT ONE. THIS ARBITRATION PROVISION SHALL SURVIVE TERMINATION OF THIS AGREEMENT. IF, HOWEVER, EITHER THE CLASS ACTION WAIVER OR COORDINATED CLAIMS PROVISION BELOW ARE FOUND INVALID, THEN THE SPECIFIC INVALID PROVISION WILL BE UNENFORCEABLE AND WILL BE SEVERED AND THE REMAINDER OF THE ARBITRATION PROVISIONS WILL REMAIN IN FULL FORCE.

In the event the parties are not able to resolve any dispute, claim or controversy, including those known or unknown that may be later discovered, between them arising out of or concerning these Terms or any provisions hereof, or other agreements on the Site, other agreements between us, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, whether in contract, tort, or otherwise, at law or in equity for damages or any other relief, legal or equitable, then such dispute shall be resolved only by final and binding arbitration pursuant to the American Arbitration Association in accordance with its Consumer Arbitration Rules (“AAA”), conducted by a single neutral arbitrator and administered by the AAA as those Rules exist on the effective date of this Agreement. If the arbitrator finds this location of arbitration unreasonably burdensome to you, a new location may be selected in a location mutually agreed upon by the parties, or the arbitration may be conducted over the phone, using video conferencing, or similar. You may be entitled to an in-person hearing near your place of residence. The following conditions for arbitration will apply:

1. There will be a panel of one (1) arbitrator;
2. The place of arbitration shall be Las Vegas, Nevada;
3. The arbitration shall be held, and the award rendered, in English;
4. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof; and
5. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. If you elect to seek arbitration, you must first send to us, by certified mail, a written notice of your claim (“Notice”). The Notice to us must be addressed to:

Day Traders LLC

Address: 2300 W Sahara Avenue, Suite 800, Las Vegas, Nevada 89102

If we initiate arbitration, we will send a written Notice to an email address you have previously provided to us, if available. We may also use any other means to contact you, including a message in your account or to an address we have on file. A Notice, whether sent by you or by us, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If you and we do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Day Traders may commence an arbitration proceeding Arbitration forms can be downloaded from https://www.adr.org.

Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

YOU AGREE THAT ANY ARBITRATION UNDER THESE TERMS AND CONDITIONS WILL TAKE PLACE ON AN INDIVIDUAL BASIS. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, INCLUDING BUT NOT LIMITED TO A PRIVATE ATTORNEY GENERAL ACTION. CLASS ARBITRATIONS AND CLASS/REPRESENTATIVE/COLLECTIVE ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO RELINQUISH THE ABILITY  TO  PARTICIPATE  IN  A  CLASS.

ARBITRATION OR CLASS ACTION. Further, unless both you and Day Traders agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.

If this specific provision is found to be unenforceable, then the entirety of this Class Action Waiver and the Disputes & Arbitration provisions shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.

22. FORCE MAJEURE

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

23. VIOLATION OF THESE TERMS

IF THE USER OR VISITOR VIOLATES ANY PROVISION OF THESE TERMS INCLUDING BY ACCESSING THE SERVICES IN CONFLICT WITH THIS AGREEMENT, PROVIDING INCOMPLETE, UNTRUE OR NON-UPDATED INFORMATION, ACTING IN A MANNER THAT (A) MAY CAUSE DAY TRADERS RISK OF OR ACTUAL REPUTATIONAL DAMAGE, OR (B) VIOLATES THE TRADING RULES, DAY TRADERS MAY PREVENT COMPLETELY OR PARTIALLY RESTRICT YOUR ACCESS TO ANY OR ALL OF THE SITE AND/OR SERVICES, WITHOUT ANY PRIOR NOTICE AND WITHOUT ANY COMPENSATION OR REFUNDS.

24. WAIVER OF CLASS ACTION RIGHTS

PLEASE READ THIS ENTIRE SECTION CAREFULLY. EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, IT REQUIRES A WAIVER TO YOUR ABILITY TO PARTICIPATE (AND THE RIGHTS YOU MAY HAVE IN) A CLASS ACTION AND 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 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 HEREBY (WHETHER BASED ON CONTRACT, TORT OR ANY OTHER THEORY).EACH PARTY HERETO (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 HERETO HAVE BEEN INDUCED TO ENTER INTO THIS AGREEMENT BY, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS SECTION.

25. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless the Day Traders Parties, for all costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to (a) your access to or use of our Site or Services, (b) your violation of the Terms or applicable law, (c) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity, (d) any funding of your account from any source and any payment methods used. Day Traders reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of Day Traders. Day Traders 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 Day Traders Account is subject to the functioning of a real market. Taking advantage of the simulated environment to gain an edge in the Day Traders Account is not permitted. By way of example, slippage, preferential order in the que, market gaps, and high volume of trades within short periods of time are areas you are not permitted to take advantage of in the Day Traders Account. Trading activity in the Day Traders 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, Day Traders retains the right to reject any claims of passing or advancing in the Day Traders Account, as well as render your Account ineligible and prohibit you from further use of any of Day Traders Site or Services. If you are found to have profited from taking advantage of the simulated environment to gain an edge in your Day Traders Account at any time you have graduated past the Day Traders 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 Day Traders, 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”):

1. 1. 1. Knowingly or unknowingly
         1. Using platform or data freezing;
         2. Using delayed or slow data feed, whether internal or external;
         3. Trading on delayed charts;
         4. Using guarantee of compliance with limit orders;
         5. Martingale strategy (i.e. doubling down on losing trades)
         6. Using hedging trades between the Day Traders Account(s), different accounts under the same account holder, or in concert with any other persons;
         7. Traders cannot hedge by taking positions in related instruments. For example, taking a long position using a related instrument in one account and a short position in another account, using the same related instrument. Hedging between correlated markets or instruments is also not permitted. 
         8. Using, such software, AI, high frequency automated trading, mass data entry, or other programs that manipulate or abuse the Pro Accounts or the simulated trading environment give Customer an unfair advantage when using the services;
         9. Otherwise exploiting the simulated environment provided by our services;
      2. Engaging in gap trading
         1. All trades will be attempted to be automatically flattened upon the relevant market closure. Traders must close all positions prior to 5:00 PM EST;
      3. Engaging in collaboration with other persons by:
         1. Allowing access by third parties to Customer’s Accounts;
         2. Trading on another person’s account(s) or on behalf of another person;
         3. Sharing trades and strategies with other users or making trades that were not Customer’s own creation;
         4. Engaging in account management;
      4. Engaging in trading practices that are in contradiction of standard risk management rules applicable to the relevant financial market, including but not limited to opening positions of substantially larger sizes than other trades on the Day Traders Accounts;
         1. opening positions in substantially larger quantity than other trades on the Day Traders Accounts, and
         2. opening positions that are grossly overleveraged;
         3. intentionally attempting to open trades with higher contract limits than their contract size allocation for the Day Traders Account;
      5. Engaging in any other activities that are in contradiction with how trading is actually performed in the DT Markets, or in a way that causes reasonable concerns that the Company might suffer financial or other harm as a result of Customer’s activities.

We reserve the right to determine in our sole discretion whether a certain event constitutes a Noncompliant Trading Practice. Trader agrees to all the Day Traders Account rules listed herein, and as stated in https://help.daytraders.com/en/articles/9855087-evaluation-account-rules and https://help.daytraders.com/en/articles/9917848-pro-account-trading-rules.

All use of the Site and Services, including trading in the Day Traders Account, is subject to trading rules established by Day Traders (collectively, “Trading Rules”), which are subject to change by Day Traders 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, counts as a rule violation. If the Net profit and loss should hit or exceed the Daily Loss Limit during the trading day (6:00PM CST to 5:00 PM CST), the account will hit a Hard 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 CST).

Trading can only occur during normal electronic trading hours unless otherwise indicated by us. Abbreviated holiday hours can be found on Day Traders website. All positions MUST be closed prior to 5:00 PM CST or prior to the market close, whichever is sooner. Traders are only permitted to trade permitted products by Day Traders. For more information, please visit our help center here.

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

Additionally, to deter and avoid violations of the trading rules (as set forth in this Section 26 and in addition the Express Funded 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 5:00 PM CST) as determined by Day Traders.

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

27. OTHER PROHIBITED USES

You are solely responsible for any and all acts and omissions that occur under your Account, and you agree not to engage in unacceptable use of the Site 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 Site or Services; 
• Using any VPN or VPS on Accounts is strictly prohibited and may result in account termination and forfeiture of profits. 

• Using the Site or Services to gain competitive intelligence about Day Traders or the Site or Services to compete with Day Traders 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 incentive healthier trading habits and utilization of Day Traders educational materials, Day Traders 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-transferrable 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 Day Traders 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 Day Traders Pro Account or Day Traders Evaluation Account that has not been purchased or opened with any credits or rewards offered by Day Traders or its Affiliates, including any Rewards, and (ii) be 18 years old or older and cannot be listed on the OFAC Specially Designated Nationals and Blocked Persons List or located in a country on the OFAC Sanctioned Country List (or other similar list or designation).

Day Traders may prohibit any User or potential User from participating in a given Reward, if, at the sole discretion of Day Traders, (i) such person shows a disregard for these Terms, (ii) acts with an intent to annoy, abuse, threaten, or harass any other User, Day Traders, or its agents or representatives, (iii) disparages Day Traders or its products or services, Day Traders competitors or their products or services, Day Traders Affiliates or any other person or party affiliated with Day Traders, or (iv) acts in any other disruptive manner. Day Traders may, for no consideration and without any notice to a User, alter or cancel any Reward earned by such User that Day Traders deems to have violated these Terms, regardless of if such activity was or was not related to earning such Reward. Day Traders decisions, in its sole discretion, as to all matters related to Rewards are final.

29. OTHER IMPORTANT TERMS

These Terms are in addition to any other agreements between you and Day Traders:

Nothing in these Terms shall create or be deemed to create a partnership, agency, trust arrangement, fiduciary relationship, or joint venture between you and Day Traders. Neither you nor Day Traders 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 Day Traders which would be both difficult to ascertain and which would not be compensable by damages alone. As such, you agree that Day Traders 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 Day Traders 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 Site or Services or any service, content, feature, or product offered through our Site or Services, with or without notice; charge fees in connection with the use of our Site and Services; modify and/or waive any fees charged in connection with our Site or Services; and/or offer opportunities to some or all users of our Site 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 Site or Services, or any service, content, feature, or product offered through our Site 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 Day Traders 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.

Day Traders may assign any claim from these Terms or any agreement to a third party without your consent. You agree that Day Traders 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 Site 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.

30. GOVERNING LAW

These Terms of Use, along with any related policies, and any disputes, claims, or controversies arising out of or relating to them, or any transactions contemplated under them, shall be governed by, and construed in accordance with, the laws of the state of Nevada, without regard to its conflict of laws principles. The parties agree that, due to the arbitration provision contained herein, customers expressly waive their right to sue in court, including the right to a trial by jury, and agree that any disputes, claims, or controversies will be resolved exclusively through binding arbitration. However, if for any reason a dispute is not subject to arbitration, any legal action, suit, or proceeding arising out of or related to these Terms of Use or any related policies shall be brought exclusively in the federal or state courts located in Las Vegas, Nevada. By agreeing to these Terms of Use, each party submits to the exclusive jurisdiction of such courts and waives any objections to the jurisdiction, venue, or convenience of these forums. Each party shall bear its own legal fees and costs, unless otherwise required by law or explicitly provided for in these Terms of Use or any related policies.

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 Site 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 Site and Services.

You acknowledge that you have carefully assessed the possible risks arising from 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 Site 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 Site or Services.

32. FEEDBACK

Day Traders welcomes your Feedback. If you submit Feedback to Day Traders, please note that your Feedback shall become the property of Day Traders, and you hereby irrevocably assign to Day Traders 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.