TERMS OF USE

Limited License

You are hereby granted a non-exclusive license to use the material on this Site, but only while accessing this Site and for your personal use. You may browse the publicly available pages on the Site for informational purposes only.

Prohibited Use of the Site

The following activities and use of the Site, or any portion thereof, are prohibited:

• Reproducing, republishing, uploading, posting, publicly displaying, encoding, translating, transmitting or distributing in any way to any other computer, service, website, or other medium for publication or distribution for any commercial purpose, except with the express prior written permission of the Apex;
• Using the Site in any way that violates applicable federal, state, local, or international law, ordinance or regulation (including but not limited to those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising);
• Attempting to gain unauthorized access to the Site, its servers, or related systems;
• Interfering with or disrupting the Site’s security or operations;
• Using the Site for commercial purposes, except with the express prior written permission of the Apex;
• Infringing or misappropriating Apex’s or any third party’s intellectual property rights or other proprietary rights or rights of publicity or privacy;
• Using any Apex trademarks as metatags on other websites;
• Displaying the Site, or any portion thereof, in frames without the express prior written permission of Apex;
• Electronically reproducing, adapting, distributing, performing, or publicly displaying, except to the extent required for the purpose of reviewing material on the Site;
• Posting a link to the Site except with the express prior written permission of the Apex;
• Using defamatory, libelous, or obscene language, or threatening or harassing the Apex, its employees, contractors, affiliates, or other Site users;
• Deploying malware or any malicious code that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; or
• Creating liability for the Apex or causing the Apex to lose (in whole or in part) the ability to provide its services.

No Financial or Investment Advice

The content on this Site, including FAQs, educational videos, and any related materials, is for educational or general informational purposes only and does not constitute financial, investment, legal, or tax advice, nor is it an offer, solicitation of an offer, to buy or sell any particular financial instrument. Apex does not review, validate, approve, or endorse any trading strategy, nor does it monitor any trading strategy for compliance with the Trading and Consistency Rules or other market rules or regulations.

Simulated Trading Disclaimer

Any trading content provided, including simulated or hypothetical trading tools, is solely educational and does not reflect actual trading conditions. No real money is deposited or invested, and past simulated performance is not indicative of future results. Simulated or hypothetical 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 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. Please review the Risk Disclosure Statement for additional risks and important information.

Simulated Trading Risk Disclosure

Apex provides simulated trading programs for educational, general informational, and evaluation purposes only. All accounts operate in a simulated environment using virtual funds and do not involve real capital or live market execution. All trading, including simulated trading, involves risk. Although no real money is used in simulated accounts, the trading activity reflects real market conditions and may result in perceived financial or emotional impacts. Success in simulated trading does not guarantee success in live trading, and no simulated result should be interpreted as a promise or guarantee of future performance. No investment advice is provided, and participation does not constitute an offer to buy or sell any financial instrument. Apex Trader Funding is not a broker-dealer, futures commission merchant, or financial advisor. Apex has put in place a Risk Disclosure Statement to further describe the risks involved with trading, including simulated trading, and use of Apex’s services. You should review this document before using any of Apex’s services.

Live Market Trading Risk Disclosure

Users who are invited to contract with Apex as an “Authorized Trader” participate in live market trading using capital provided by Apex Trader Funding and may receive a portion of net trading profits as performance-based compensation, subject to Apex’s payout terms and conditions. This arrangement is not an offer of employment, partnership, or investment. Traders do not have any ownership, fiduciary, or equity interests in Apex or its accounts; they are only entitled to a contractual payout based on their trading performance, at the sole discretion of Apex.

Trading in Live Financial Markets

Trading in live financial markets involves substantial risk, including market volatility, slippage, liquidity issues, and potential technical failures. All trading must comply with Apex’s rules and risk management protocols. Trading privileges may be revoked at any time based on performance or rule violations. No guarantees of profitability are made, and past performance is not indicative of future results. This disclosure does not constitute investment advice. Please review the Risk Disclosure Statement for additional risks and important information.

Privacy Disclosure

Apex has put in place a Privacy Policy to protect your personal information and provide transparency into how the Apex uses your personal information. You should review this document before providing any personal information on the Site.

User Agreement Required

Access to Apex’s services, including any trading evaluation or simulated trading programs, or live trading, requires submission of an application and acceptance of the User Agreement. In the event of a conflict, the User Agreement shall prevail.

Intended Audience

Services and the Program are intended for United States users, and are not intended for distribution to, solicitation of, or use by, any person in any country or jurisdiction where such distribution or use would be contrary to local law or regulation, and may not be available in all jurisdictions. You are responsible for ensuring that your use of the Site or Apex’s services comply with the law and regulations of the country from which you access the Site or use Apex’s services, including export laws. Apex reserves the right to limit, in its sole discretion, the provision of its services, in whole or in part, to any person or geographic area.

Intellectual Property

Except as otherwise noted, all text, graphics, user interfaces, logos, trademarks, tradenames, service marks, product names, and videos (collectively the “Content”), including but not limited to the design structure, coordination, expression, “look and feel”, and arrangement of such Content is the property of the Apex or its licensors and is protected by intellectual property laws. Apex retains all rights to the Content. You may not copy, reproduce, or distribute any materials without prior written consent. Third-party trademarks, service marks, and Apex names and logos that may appear on the Site are the property of their respective owners, and Apex is not an affiliate of these third parties.

Cookies

By accessing and using the Site, you consent to our use of cookies as described in our Cookie Policy. For more information, including how to manage cookie preferences, please see our Cookie Policy.

Links to Third Parties

This Site may contain links to third-party websites, and Apex neither endorses, nor is in any way responsible for the content, policies, practices, products, or services of those third parties or their websites. Accessing third-party websites is at your own risk.

Accuracy of Information

Apex neither assumes responsibility for nor guarantees the accuracy, currentness, completeness, or usefulness of any information, commentary, quotations, explanations, or other materials that may be accessed through this Site. This includes bulletin boards, message boards, chat services, or other online conference or telecast by third party providers through the Site. Apex expressly disclaims any liability for such third-party statements under criminal or civil laws relating to defamation, intellectual property infringement, privacy, obscenity, or other areas of law. If you choose to rely on such information, you do so solely at your own risk. Any research, analysis, news or other information made available through this Site is not personalized or in any way tailored to reflect your personal financial circumstances or investment objective, and Apex’s services may not be suitable for you.

Disclaimer of Warranties

THE SITE IS PROVIDED “AS IS” AND WITHOUT ANY WARRANTY, TERM, OR CONDITION, EXPRESS, IMPLIED, OR STATUTORY. APEX SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ADDITIONALLY, APEX MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

Limitation of Liability

YOU UNDERSTAND AND AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW THAT APEX AND ITS OFFICERS, DIRECTORS, AGENTS, CONTRACTORS, SUBSIDIARIES, JOINT VENTURES AND EMPLOYEES (COLLECTIVELY, “AFFILIATES”) WILL NOT BE LIABLE TO YOU OR TO THIRD PARTIES, OR HAVE ANY RESPONSIBILITY WHATSOEVER, FOR:

1. (A) ANY LOSSES ARISING OUT OF OR RELATING TO A CAUSE OVER WHICH APEX OR ITS AFFILIATES DO NOT HAVE DIRECT CONTROL, INCLUDING THE FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS, THIRD-PARTY TRADING PLATFORMS, UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, GOVERNMENT RESTRICTIONS, FORCE MAJEURE (E.G. EARTHQUAKE, FLOOD, SEVERE OR EXTRAORDINARY WEATHER CONDITIONS, EPIDEMIC OR PANDEMIC, NATURAL DISASTERS OR OTHER ACT OF GOD, FIRE, ACTS OF WAR, TERRORIST ATTACKS, INSURRECTION, RIOT, STRIKES, LABOR DISPUTES OR SIMILAR PROBLEMS, ACCIDENT, ACTION OF GOVERNMENT, COMMUNICATIONS, SYSTEM OR POWER FAILURES AND EQUIPMENT OR SOFTWARE MALFUNCTION), EXCHANGE OR MARKET RULINGS OR SUSPENSION OF TRADING FOR ANY REASON; OR
2. (B) ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE DAMAGES (INCLUDING LOST PROFITS OR TRADING LOSSES) THAT YOU MAY INCUR IN CONNECTION WITH YOUR USE OF THIS SITE PROVIDED BY APEX UNDER THESE TERMS, EVEN IF AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF.

Reservation of Rights

Any rights not expressly granted in these Terms are reserved by Apex.

Amendments

We may update these Terms from time to time. When we do, we will update the “Effective Date” at the bottom of this page. If we make material changes, we will provide you with notice, which may include sending an email to your registered address, posting on our Site, or providing notice through your Account dashboard. Any changes will become effective when posted unless otherwise indicated. Your continued use of the Site, access or use of your Account or the Services after the effective date of an updated Terms constitutes your acceptance of the changes.

Governing Law

These Terms shall be governed by the laws of the State of Texas, without regard to its conflict of law provisions, unless otherwise required by applicable local law.

Dispute Resolution

All disputes arising out of or relating to these Terms or the Site shall be resolved by binding arbitration held in Travis County, Texas, pursuant to the Commercial Arbitration Rules of the American Arbitration Association, except that Apex is not required to arbitrate any dispute regarding confidentiality, infringement, misappropriation, or misuse of any intellectual property right, or any other claim where interim relief from a court is sought to prevent serious and irreparable injury to Apex or any other person or entity. The arbitration shall be conducted in English and judgment on the award rendered may be entered in any court having jurisdiction. Nothing in this section shall prevent either party from seeking relief in a small claims court for disputes or claims within the scope of its jurisdiction.

Severability

If any provision of these Terms is ruled invalid or otherwise unenforceable, it shall be deemed amended in order to achieve as closely as possible the same effect as originally drafted. Any invalid or unenforceable portion should be construed as narrowly as possible in order to give effect to as much of these Terms as possible.