Terms and Disclosures

The term COMPANY shall be used in reference to entities related in ownership to, agents, affiliates, employees, contractors, and company officers of apextraderfunding.com or any subdomains.  The company shall be used as a reference to Apex Trader Funding Inc.  The term user, trader, or customer shall refer to anyone using the Company’s service.

By Clicking Agree, you are purchasing a product, which results in a binding agreement between user and Company.

User must be 18 years or older to sign up and use services of COMPANY and user certifies they at least 18 years old.

The user understands it is their responsibility to read through all FAQ’s to understand how the evaluation and PA programs work before paying for an evaluation. A purchase made on this site means user agrees to all terms and conditions.

User understands trailing drawdown only raises the max drawdown assigned to any evaluation account, trails from any open balance during live trades, and will trail from the highest point of profit, including unrealized profit through the course of the entire evaluation account.

Billing:

User understands there are NO REFUNDS. The account will start and billing begins the day user signs up, continuing every 30 days thereafter until manually cancelled. Since billing is on a 30-day cycle, dates from month to month may differ from 2 days after or up to 3 days before the date of the previous billing cycle. User MUST manage their subscription. If user desires to cancel, it MUST be done via the website and before renewal. There are no partial refunds.  Account will be good through the end of users 30 days and then renew, unless cancelled.

Cancellations:

If user cancels accidentally or intentionally, user understands it is impossible to reactivate the account for any reason. User will have to start a new account. User understands they will not dispute any charges. If there are any disputed charges, they will be referred to collections, with any collection and attorney fees added on to the amount owed.

Market Data Billing:

User understands billing for an extra session or for upgraded market depth shall expire at the end of each month. User's subscription date has no effect on this billing and must be manually renewed each month.

Charges and Accurate Information, Applicable Use, and Account Protection:

User authorizes their credit card to be charged and processed through Apex's merchant account. User attests that all information, including the name and personal information are true and correct and shall be updated by user if changes occur. User shall not sign up under any other name except your legal name.  You shall not impersonate anyone. User shall not transfer the rights of their account to anyone else and there are no third-party beneficiaries to the services. User certifies it is not prohibited by applicable law to user and they are authorized to use COMPANY’s services and COMPANY is not responsible for user using the service in any way that breaks applicable law to the user.  User shall not share the account login information with anyone. User is responsible for any use associated with their account.

Professional Data Fees:

User understands if they select professional data fees, there shall be a $150 extra charge per month billed from the beginning to the end of the month, no matter when user starts. If user does not mark professional data, then there shall no extra charge for top level data.

Other User Agreements

Company reserves the right to cap the number of accounts per user.

User shall not attempt to abuse the max contracts rule by trading combined instruments to do max contracts multiple times i.e., 10 on ES and 10 on YM doing 20 on a 10 contract max. Repeated abuse of this shall result in termination of the account with no refund or payout.

User shall not create more than one account. Doing so may result in forfeiture of any profit made and any fees paid.

Results will vary. There are no guarantees regarding the results you may achieve or what level of success you may have.

Should you elect to use this website or use any of the material or programs, user assumes all risk and liability.


User is responsible for paying, withholding, filing, and reporting all taxes, duties, and other government assessments associated with your activity associated with your use of Company’s services. Company may do any of the foregoing on your behalf if it sees fit, but this is not a standard practice by the Company.

We desire a "traders helping traders" community. Therefore, users shall provide respect, honesty, and integrity and shall not have emotional outbreaks that are rude, make harmful comments, be abusive to staff or other users, or be defamatory, or libelous on any comments.

User shall only have access to platforms stated on the FAQ page to use with Company’s services.

Please see the FAQ page to fully understand the risk model and rules of each account type. User agrees they understand the model before they subscribe.

Risk Disclosure and Terms Of Service -- Required Disclosures

Risk Disclosure : Futures and forex trading contain substantial risk and is not for every investor. An investor could potentially lose all or more than the initial investment. Risk capital is money that can be lost without jeopardizing ones’ financial security or life style. Only risk capital should be used for trading and only those with sufficient risk capital should consider trading. Past performance is not necessarily indicative of future results.
Hypothetical Performance Disclosure: Hypothetical performance results have many inherent limitations, some of which are described below. No representation is being made that any account will or is likely to achieve profits or losses similar to those shown; in fact, there are frequently sharp differences between hypothetical performance results and the actual results subsequently achieved by any particular trading program. One of the limitations of hypothetical performance results is that they are generally prepared with the benefit of hindsight. In addition, hypothetical trading does not involve financial risk, and no hypothetical trading record can completely account for the impact of financial risk of actual trading. For example, the ability to withstand losses or to adhere to a particular trading program in spite of trading losses are material points which can also adversely affect actual trading results. There are numerous other factors related to the markets in general or to the implementation of any specific trading program which cannot be fully accounted for in the preparation of hypothetical performance results and all of which can adversely affect trading results.

You may not share your user account login or password with anyone. You may not create more than one account. Violating either of these terms will result in the permanent deactivation of all access to services.  If you believe either of these has happened, please notify us via a help desk ticket immediately. We will change your password and will disable the duplicate account.

  1. We do not share your contact information with third parties for marketing purposes.
  2. By participating, you consent to receive text messages sent by an automatic telephone dialing system from Company.
  3. By participating, you consent to receive phone messages sent by an automatic telephone dialing system from Company.
  4. By participating, you consent to receive email messages sent by an automatic responder System from Company.
  5. Consent to these terms is not a condition of purchase.

Website, Tools, Webinar Disclaimers, and Disclosures

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If you have any technical issue, use the Apex Trader Funding help desk on apextraderfunding.com (under questions in the Members area).

If you have any implementation questions, use the Apex Trader Funding forum at apextraderfunding.com or Apex Help Desk.

Apex Trader Funding Institute LLC makes no warranty, expressed or implied, regarding the accuracy, adequacy, completeness, reliability, or usefulness of the program or any information or function it provides. All warranties of any kind, express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, freedom from contamination by computer viruses, and non-infringement of proprietary rights, are disclaimed by Apex Trader Funding Institute LLC

 Apex Trader Funding Institute LLC, hereinafter referred to as COMPANY and all of its services are purely for educational purposes.  The scanner is a tool that filters contracts available on the Nadex exchange, in your web browser, based upon the filters you select. Other tools provided are available for analysis and education.  COMPANY adamantly states that nothing in any of its software, tools, websites, webinars and other communication method constitutes a solicitation, promotion, endorsement, offer, or recommendation to buy or sell any investment vehicle. Neither COMPANY, its owners and operators, its subsidiaries, officers, employees, representatives, nor independent contractors are acting as licensed financial advisors. COMPANY is acting SOLELY as an education firm providing research tools and any trading done is for the sole and explicit purpose of illustrating the mechanics of a trade as an example for purely educational purposes.  We provide strategies and education materials showing you ways to use the scanner, which inform and teach you about trading, how to possibly to limit risk and make profits from trading.  Your trades may lose the maximum loss. There is no assurance you will make profits or limit risk to less than the maximum risk on said product.  COMPANY does not determine whether any strategy, trading instrument, swap, or contract of any type is suitable for any individual.  Exchange fees may vary by instrument and may or may not be included in the calculation of education, scanner tools and examples. Transaction trading fees may vary depending on the size of the transaction you perform from what is displayed in education, scanner tools, and education.  Education examples of strategies, trade examples, and hypothetical trades do not represent liquidity, exchange fees, commissions, interest, dividends, spreads, or other expenses and have the benefit of hindsight. These factors affect whether an investment is profitable.  Any quotes made available may be delayed or may become unavailable due to technology difficulties. Before selling or buying any investment, consult with the ticket on the platform for the live pricing to verify pricing information. Neither subscriber nor any third party related to subscriber shall hold COMPANY liable for any change, cancellation, or temporary hold of COMPANY services.

COMPANY AND ITS AFFILIATES PROVIDE THE MATERIALS AVAILABLE AT ALL ASSOCIATE WEBSITES AND OTHER COMPANY WEBSITES, PRODUCTS, “AS IS” AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. COMPANY AND ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, SPONSORS, AND ADVERTISERS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES RELATING TO THE ADEQUACY, ACCURACY, OR COMPLETENESS OF ANY INFORMATION, PRODUCT, OR SERVICES. COMPANY AND ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, SPONSORS, AND ADVERTISERS DO NOT WARRANT THAT YOUR USE OF ANY COMPANY & PRODUCTS WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT COMPANY PRODUCTS, INCLUDING THE SERVERS ON WHICH WEBSITES ARE HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. For international users outside the United States, you understand you are responsible for compliance with the laws of your local jurisdiction regarding import or export regulations regarding any service or site operated by COMPANY. It is prohibited to access any of COMPANY website’s content or services if it is in violation of any local laws of the user. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE, AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE INFORMATION, PRODUCTS AND SERVICES, INCLUDING WEBSITES, AND ALL CHARGES RELATED THERETO. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF AND RELIANCE ON COMPANY PRODUCTS AND SERVICES. OPINION, ADVICE, OR STATEMENT OF COMPANY, ITS AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, SPONSORS, AND ADVERTISERS, WHETHER MADE ON A WEBSITE OR OTHERWISE, SHALL NOT CREATE ANY WARRANTY. YOUR USE OF COMPANY PRODUCTS IS ENTIRELY AT YOUR OWN RISK.

Limitation of Liability

NEITHER COMPANY NOR ITS AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, SPONSORS, OR ADVERTISERS ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO ANY COMPANY PRODUCTS AND/OR SERVICES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH ANY COMPANY PRODUCT OR SERVICE IS TO STOP USING THEM. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT-INCLUDING, WITHOUT LIMITATION-NEGLIGENCE), OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, DIRECTLY TO THE COMPANY FOR SERVICES AND PRODUCT. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify, defend and hold COMPANY, its Affiliates and their respective officers, directors, employees and agents harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), or other expenses that arise directly or indirectly out of or from (a) your breach of these Terms of Use or other terms applicable to your use of COMPANY products or services; (b) any allegation that any materials that you submit to us or transmit to us infringes or otherwise violates the copyright, trademark, trade secret, or other intellectual property or other rights of any third party; and/or (c) your activities in connection with any COMPANY products or services.

DISCLOSURES

Occasionally, we make information available to you regarding our business and the trading industry. Remember, ALL TRADING AND INVESTMENT ACTIVITY INVOLVES RISK. We provide strategies and education designed to inform and teach you about trading, how possibly to limit risk and make profits from trading. There is no assurance that you will make profits or limit risk from what you are learning from us. In fact, most people who trade lose money. We are solely for educational purposes. Please seek a licensed financial advisor before making any financial decisions.

IMPORTANT NOTICES ABOUT TRADING

All investments and trading involve risk. Trading and investing subjects you to risk of losses, including losses greater than your original investment. Many strategies, investments, and securities (including options and swaps) are not suitable for everyone. COMPANY does not determine whether any strategy, investment, or security is suitable for any individual, particularly with respect to options, futures, and Forex, equities, swaps, and options as is disclaimed with whatever exchange or broker dealer you open an account with.  Subscribers should only trade with money they can afford to lose and only place trades where they understand the risk and the instrument. Past results are not indicative of future performance. Trade examples and hypothetical trades do not represent liquidity, commissions, interest, dividends, spreads, or other expenses and have the benefit of hindsight. All these factors affect whether an investment is profitable. For all products and services, even if the trade is live, all trades and trade examples are to be considered trade examples, based upon hypothetical trades for educational purposes only. Any quotes made available may be delayed. Before selling or buying any investment, consult with a broker to verify pricing information. This risk disclosure applies to this site and all sites, services, and products owned by COMPANY. This service is provided for purely educational purposes only. None of the information within this should be construed as financial advice.  Due to regulations by SEC, NFA, CFTC and other regulatory bodies regarding securities, commodities, fixed income, and foreign exchange laws, we cannot provide trade recommendations or any service that could be thought of as investment, legal, or accounting advice. Basically, there is risk and you should assume loss before entering any trade. As reinforcement of this basic statement: There are no guarantees of profits or losses and no statements or track records on any form of communication of any type produced by COMPANY on any of its websites. None of the materials, principals, agents, employees, contractors, or affiliates should be construed to make any type of guarantee of profit or loss. (We may guarantee free subscriptions for a specified period if trades do not profit, but this is not meant to mean that COMPANY or others representing it are in any way guarantying a profit). As always, past results are in no way a guarantee of future results.

Hypothetical or simulated performance results have certain limitations. Unlike an actual performance record, simulated results do not represent actual trading. In addition, since the trades have not been executed, the results may have under- or over-compensated for the impact, if any, of certain market factors, such as the lack of liquidity, simulated 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 likely or is likely to achieve profit or loss similar to those shown in hypothetical or actual performance records listed on any materials or communicated in any way by anyone associated with COMPANY. COMPANY, and its affiliate websites, company divisions, principals, agents, contractors, possible affiliates, employees, associates, and partners are not responsible for any profits nor any losses from any of the material produced by COMPANY and its subdivisions in any form of media or method of communication. Individuals may express their opinions, but this is meant to be seen as that individual’s opinion and not the opinion of Insights Investors LLC or its divisions. COMPANY uses research of a variety of methods to develop educational material and educational signals, but individuals should perform their own due diligence to determine if such material is suitable for their personal investment decisions. COMPANY and any of its affiliate websites, company divisions, principals, agents, contractors, possible affiliates, employees, associates, and partners may or may not take a position for educational strategies and educational signals listed in material and reserve the right to enter, exit, or abstain from any position on any financial investment vehicle at any time without notifying any subscriber. Though owners of this website and COMPANY may or may not have an investment advisor license, they are not acting in that capacity at any time for subscribers to this website’s services through phone, web, email, text message, instant message, book, electronic-book, or any other type of communication or media. COMPANY, its websites, affiliates, contractors, or employees are NOT acting as registered investment advisers, brokers, knowledgeable persons, broker dealers, or in any other capacity that would make one believe they should trade signals given by any such persons, companies, or affiliates. Investing in securities, futures, commodities, options, foreign exchange, derivatives, and other types of products involves substantial risk and investors could lose all or more of their originally invested capital, even more than is in their investment account. If any employee, contractor, possible affiliate, of COMPANY or this website decides to act in any way other than described in this disclaimer, they must do so with written documentation signed by COMPANY for each individual instance in which they may be doing so in a means separate from or linked to COMPANY. Otherwise, they are doing so without the knowledge or consent of COMPANY. If you believe any employee, contractor or affiliate is acting in such a manner and representing COMPANY or any of its services, websites, or products, you must request the letter from them to see if they are authorized to do so through certified mail from 2028 E. Ben White Blvd Ste 240 -9873 Austin, TX 78741.  Other disclaimers that all people who dare to trade at their own risk against the legal disclaimers recommendations should read risk disclaimers such as �Characteristics and Risks of Standardized Options� http://www.optionsclearing.com/publications/risks/riskchap1.jsp other SEC publications http://sec.gov/answers/options.htm. You agree to all disclaimers provided by your broker for their software execution of your trades and the exchanges disclaimers regarding risk on all types of investments for any type of investment account you open and understand these disclaimers should be viewed as in addition to all disclaimers within this document.

COMPANY products could include inaccuracies or errors. We do not make guarantees as to the completeness or correctness of any COMPANY product. Any data used or made available by COMPANY is from sources believed by us to be reliable and accurate; however, COMPANY does not investigate the sources or confirm the data and it does not make any representations that the data or resulting calculations are complete or otherwise accurate.

From time to time, COMPANY may reference prior articles and opinions. These references may be selective, may reference only a portion of an article or opinion, and are likely not to be current. As markets change continuously, previously published information and data may not be current and should not be relied upon.

Educational signals are not the same as auto trading. Auto Trading is not available unless explicitly stated for that particular subscription. Use of educational services is not to be construed by subscriber/customer or anyone else as an adviser relationship. All information communicated is clearly for educational information purposes and no advice is given or implied. Every subscriber/customer assumes sole responsibility for his or her investment decisions.  Auto Trading is an arrangement that you make exclusively with your broker.  We are not an affiliated party with that agreement in any way. We do not recommend a particular brokerage firm. When mentioned, it is to inform the reader of possible advantages or disadvantages of using the particular broker and should by no means be construed as a recommendation to use that particular broker for actual live trading. We have no responsibility for any profit or loss that may occur and will incur, no liability for any losses that may occur, or any type of damages including, without limitation, consequential, special, intangible, indirect, direct, or similar damages that may arise directly or indirectly to auto-trading or any educational product offered by COMPANY and/or its principals, agents, contractors, employees, and affiliates, regardless if the loss or damages is a result of negligence of COMPANY and/or its principals, agents, contractors, employees, and affiliates. Circumstances that are within or beyond the control of COMPANY may occur that may cause an error or problem in auto-trading for taking exits, entering trades or not entering trades and if any such errors occur due to negligence related to COMPANY, then subscriber agrees that issues may occur and are part of the risk of auto-trading and agrees to hold COMPANY and its affiliates harmless for any damages or monetary loss that may occur from such problems. Subscriber will indemnify, hold harmless, defend and not request a refund or a charge back, nor pursue legal action of any type or kind against COMPANY or its principals, agents, employees, contractors, or affiliates. Any attempt to violate this agreement shall result in full legal action and collections for any amount lost to the violation of this agreement by the subscriber. Subscriber agrees that under no circumstances for any reason shall the amount due to subscriber for any reason or level of loss exceed that of the cost paid by subscriber to COMPANY. The broker may or may not compensate COMPANY for allowing them marketing space that results in funded accounts on COMPANY websites. Subscriber agrees that in any legal claim through contract, tort, or otherwise shall be limited to, and not exceed, for any expense, the amount paid by subscriber to COMPANY for any services or product it has paid COMPANY directly. COMPANY may at any time cease the distribution of its newsletter to an auto-trading broker in our sole discretion and is not required to give notice of such action or decision. Neither subscriber nor any third party related to subscriber shall hold COMPANY liable for any change, cancellation, or temporary hold of COMPANY services. COMPANY has not and will not under any circumstance have any liability for any trade made by any broker on behalf of any subscriber or non-subscriber. The subscriber must notify the broker of any changes in auto-trading or profile information. The subscriber should in no way assume or believe information made available by the subscriber to COMPANY will be passed along to the broker by COMPANY. The subscriber must understand how to use auto-trading and should contact their broker for questions regarding auto-trading for set up, maintenance, margin, monitoring, and different settings that may be available with the broker. The subscriber must notify the broker when cancelling their auto-trading service with COMPANY or its website division, regardless of whether or not the subscriber has notified COMPANY with any form of communication of subscriber’s action or intent to cancel. Subscribers and non-subscribers agree to indemnify and hold harmless COMPANY of any trades auto-trader or otherwise placed before, during, and after their subscription.

PRIVACY POLICY

We will act in accordance with current legislation and aim to meet current best practices. Company will not track an individual’s personal usage for any purpose other than for storing data privately that will not be displayed for specific uses other than the uses that the user shall agree to before it is displayed. For statistical usage, you may download trading history into organized data. It shall not be used in any other way unless you authorize it to be used in another way first.  Data collected may be used by developers for debugging purposes.  Any information you provide to COMPANY will only be used within COMPANY and by its agents or service providers, unless you authorize it to be used differently, by activating a specific feature to display it publicly intentionally. Your information also will be disclosed, however, when required by law or we believe in good faith, that such action is necessary in order to comply with the law or legal process. Also, if you post or send offensive, inappropriate, or objectionable content anywhere on or to all associated websites or affiliated sites, or otherwise engage in any disruptive behavior, COMPANY can use information about you in connection with stopping such behavior and exercising its rights and remedies. This may involve informing relevant third parties, such as internet service providers and law enforcement agencies about the content and your behavior. During any visit to all associated websites or affiliated sites, the pages you see, along with a short text file called a ‘cookie’, are downloaded to your computer. You understand and consent that we use analytics to track detailed analytics of any tool accessed by users, as we deem appropriate for technology, marketing, and distribution to appropriate parties.  In addition, the Privacy Policy linked at the bottom of this page is part of this agreement.

Intellectual Property Rights

Apex Trader Funding, Infinity Ball, all education, software, analyzers, signals, and other trademarks used with COMPANY products, including all associated websites, website, and all sites operated by COMPANY, are owned by COMPANY. You may not use or reproduce such trademarks without written permission from COMPANY.  All code, images, content and media of all types on all sites may not be used for any purpose other than the subscriber’s direct viewing. All associated websites and other websites are owned by the COMPANY, including the look and feel of such sites. We reserve all rights and remedies available to us and nothing in this agreement is intended to limit our rights and remedies. Any content submitted by user to Apex via phone, email, forum, text, Skype, room, or any other communication means shall be submitted as being Apex Intellectual properties and shall not be used to build other products for sale or given away. Any attempt to do so means you agree are damaging to COMPANY and you shall be responsible for compensating COMPANY for any lost fees, any attorney fees, and legal fees associated with such recovery of damages.

User agrees to not share, resale, distribute, reproduce, copy, sell, resell, provide for free, exploit, or transfer for profit or not for profit any material, services, or access to services, and understands that COMPANY shall bring litigation upon subscriber/customer for any violation of the policies within this agreement and disclaimer, and subscriber/customer shall be responsible for all attorney, legal, marketing, public relations, lost profit, travel, damages, and other expenses related to such violation.

To access some of the COMPANY products or services, we require you to provide us with information about you. If you believe that your username and password are no longer secure, immediately update your password and notify our customer service department by email at support@apextraderfunding.com or by telephone at 1-855-273-9873. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES (INCLUDING PRODUCT PURCHASES) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.

Information that we collect from you, such as registration and credit card information, is subject to our privacy policy.

COMPANY & products and services are owned and operated by COMPANY. Products and Services include all services, materials, information, and content delivered to a subscriber through direct communication, electronic or printed media. COMPANY products or services are intended for use solely by the individual who has subscribed or purchased products directly from COMPANY.  For the purpose of this agreement, COMPANY shall be in reference to the Apex Trader Funding Inc.

Subscriber may not allow another person to use subscriber’s username and password to obtain access to COMPANY products or services for any reason, including but not limited to time share. Subscriber’s rights to use our services or products are limited exclusively to your personal use and may not be resold or shared for free or for profit with anyone.

Intellectual Property Rights Reminder:

The clauses:

COMPANY:  All code, images, content, and media of all types on all sites may not be used for any purpose other than the subscriber’s direct viewing.

AND

COMPANY products and/or services are intended for use solely by the individual that has subscribed or purchased products directly from COMPANY.

AND

Subscriber’s rights to use our services or products are limited exclusively to your personal use and may not be resold or shared for free or for profit with anyone.

AND

User agrees to not share, resale, distribute, reproduce, copy, sell, resell, provide for free, exploit, or transfer for profit, or not for profit any material, services, or access to services and understands that COMPANY shall bring litigation upon subscriber/customer for any violation of the policies within this agreement and disclaimer. Subscriber/customer shall be responsible for all attorneys, legal, marketing, public relation, lost profit, travel, damages, and other expenses related to such violation.

These clauses would place the user in breach of contract if they were to violate them. Examples of such are:

Direct viewing means for one’s own personal use exclusively.

This limits any subscriber from using the content to create content of their own that is in any way using the content we make and distributing it outside of our website and, if within our website, without the express written permission of Darrell Martin. This applies even if giving credit to us as the originator of the idea or concept. Obviously, claiming a concept as your own would also be a breach of the terms of service, as this would be using it in a way other than direct viewing. Teaching the strategies we teach, in a separate forum of any manner electronic, paper, in person, or another media type, using content we teach to distribute signals, trading ideas, education, articles, or videos whether public, private, for profit, or not for profit, would be a breach of the terms of service. Attempting to reverse engineer our code or methodologies would be a violation of this agreement. Taking concepts, ideas, codes, formula, education, content of any form and using them to make a similar reproduction to accomplish any similar result or to make a new way of using said content for profit or not for profit, or distributing it to another person, would be using it for a purpose other than direct viewing.

Payment Policy & Shipping Methods:

As consideration for the products we provide to you, you agree to pay the applicable fees and other costs set forth at the time you purchase from COMPANY. Specials and limited time offers have different fees and costs and may have other terms and conditions. Prior to your purchase of a product, we may change fees and costs, at any time, for any reason, at our sole discretion, without prior notice to you.  All fees and costs are due at the time you purchase. You agree to pay all value added, sales, and other taxes. All payments must be made in U.S. dollars.

ALL FEES ARE NON-REFUNDABLE, IN WHOLE OR IN PART

In the event of a charge back by a credit card company, (or similar action by another payment provider allowed by us) or other non-payment by you in connection with your payment of the applicable service or renewal fee, you agree that the product for which such fee has not been paid may be suspended, canceled, or terminated, in COMPANY'S sole discretion, and you remain responsible for the full payment of the fee and any additional amounts owed by you.  Any attempt to charge back shall result in all collection fees, charge back fees, subscription fees, and any legal fees being due to COMPANY by you.

COMPANY accepts American Express, Discover/Novus, MasterCard and Visa. 

COMPANY requires the credit, debit, or check card security code for your card for any telephone, on-location or online purchase to protect against the unauthorized use of your credit card by other persons. The security code is an individual three- or four-digit number specific to your card. This number may be printed on the face of your card above the account number (if American Express), or on the back of your card, on the signature panel (if Visa, MasterCard, or Discover).

There are no cancellations for current month/term and no refunds on subscription products.

Cancellations shall only apply to the following billing cycle after the term the subscriber is currently subscribed to. If you do not renew your subscription and decide to reinstate it, then you may be subject to a rate increase, depending on the current subscription rate.

All COMPANY & Investing Institute Sites’ products are non-returnable and non-refundable unless explicitly stated in writing on the product.

Technology Costs

Many COMPANY products are accessible through the internet and require that you have a computer and modem or comparable access lines. In addition, text messaging may apply and you will be liable for such cost from your phone provider, if such a feature is added in the future. You acknowledge and agree that, to the extent necessary for you to access products which are made available through the internet, it is your responsibility to provide all equipment, including a computer and modem, necessary for you to establish a connection to the internet; to provide all commercially available standard software necessary to connect with our products; provide for your own connection to the internet; and pay any costs and fees associated with your equipment, software and connections to the internet. In addition, data fees may apply for live market data to make product accessible. You may also have to pay transaction costs and platform fees. You understand you are responsible for such fees and those fees may be in addition to any fees you pay to Apex. These fees are not paid to Apex; therefore, we are in no way responsible for the fees or the deliverability of these data services or platforms. Certain data feeds or other data providers may have difficulties delivering data, so you may have to choose an alternative data provider or broker to use the software and may incur an additional cost for you. You acknowledge you understand any such fees, that you are responsible for them, and they may be a requirement for you to use the services. Your inability or desire to purchase or access such services through your preferred method shall not be cause for any refund or amount due to you if such an event is to occur.

Termination

Service shall be made available until such time as COMPANY decides it is no longer or willing to provide such service. Each of us can terminate our relationship with the other by discontinuing business with the other. For example, we may discontinue your access to COMPANY products in the event you are violating the Terms of Use or in the event we are no longer able to provide them under the current terms. However, our rights and remedies under these Terms of Use, including our intellectual property rights, indemnification, and limitation of liability, and any other agreement will continue to apply and survive the termination of the relationship. Upon termination, we may disable your access to some or all COMPANY products or services, including if you have violated these Terms of Use. Upon termination, you will not have access to COMPANY products or services. You may terminate simply by ceasing to use the scanner, tools, or website. However, your termination does not relieve the requirement that you continue to honor the terms of service regarding intellectual property rights.

Miscellaneous

These Terms of Use and any other agreement between Company and you are governed by and construed in accordance with the laws of the State of Texas, United States of America, without regard to principles of conflicts of law. You agree to personal jurisdiction by the federal and state courts located in Federal Court, Wise County, Texas, United States of America, and waive any jurisdictional, venue, or inconvenient forum objection to such courts. If any provision of our agreements is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.

These Terms of Use and any other agreements, content, and tools are not assignable, transferable, or sub-licensable by you.

If COMPANY takes any action to enforce the Terms of Use or any other agreement with you, that you have violated, you shall liable for all costs and damages, without limiting any of its other legal or equitable rights and remedies, you shall also pay the costs incurred by it in connection with such action, including reasonable attorneys' fees.

Links and Advertising

Success and results described in testimonials or other statements may not be representative of other subscribers’ experiences and in no way can they represent all subscriber’s experiences. They have not been verified to be accurate or whether they are live or demo accounts. There are no assurances you are in any way going to increase the probability of your trading profits with our educational services, as all results will vary. Consult with a licensed financial advisor concerning all investment decisions before any investment decisions are made. Due to the wide variety of opinions by investment advisors and the varying decisions made by subscribers, results will vary drastically. COMPANY and its Affiliates may accept advertising and promotional payments from third parties whose advertisements appear on COMPANY websites and its products. COMPANY may receive advertising payments from some broker-dealers (i.e., brokerage firms) for distributing the brokerage firms’ advertisements and promoting firms during COMPANY presentations. COMPANY makes no representations about any other website, which you may access through a link, reference in person, or via electronic communication. We may compensate instructors, affiliates, website owners, and other forms of advertising from sales made by subscriptions, sold products, and live classes.

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RISK DISCLOSURE:

Futures and Forex trading contains substantial risk and is not for every investor. An investor could potentially lose all or more than the initial investment. Risk capital is money that can be lost without jeopardizing one's financial security or lifestyle. Only risk capital should be used for trading and only those with sufficient risk capital should consider trading. Past performance is not necessarily indicative of future results.


HYPOTHETICAL PERFORMANCE DISCLOSURE:

Hypothetical performance results have many inherent limitations, some of which are described below. No representation is being made that any account will or is likely to achieve profits or losses similar to those shown. In fact, there are frequently sharp differences between hypothetical performance results and the actual results subsequently achieved by any particular trading program. One of the limitations of hypothetical performance results is that they are generally prepared with the benefit of hindsight. In addition, hypothetical trading does not involve financial risk, and no hypothetical trading record can completely account for the impact of financial risk of actual trading. For example, the ability to withstand losses or to adhere to a particular trading program in spite of trading losses is material points, which can also adversely affect actual trading results. There are numerous other factors related to the markets in general or to the implementation of any specific trading program, which cannot be fully accounted for in the preparation of hypothetical performance results and all of which can adversely affect trading results.

Testimonials appearing on this website may not be representative of other clients or customers and is not a guarantee of future performance or success.

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