Welcome to SurgeTrader! SurgeTrader, LLC together as applicable with its virtual funded affiliate (collectively, the “Company”) provides you (“you” or the “Trader”) with a limited license to use the services (the “Services”) offered by the Company subject to the terms and conditions contained herein (the “Agreement”).
This Agreement is a legally binding contract, and you have a duty to read this Agreement before using the accessing the Services offered by the Company. By using the Services, you are agreeing to the terms and conditions contained within this Agreement.
The Company reserves the right to suspend, replace, modify, amend, or terminate this Agreement at any time and within its sole and absolute discretion. In the event The Company replaces, modifies, or amends this Agreement, your continued use of the Services after a change in the Effective Date of said changes will constitute your agreement to any replacement, modification, or amendment to this Agreement.
By using the Services, you represent that you at least eighteen (18) years old and are of sound mind and that you have the capacity to agree to and uphold the terms and conditions contained within this Agreement. If you use the Services on behalf of a business entity or other third-party, then you represent that you have actual authority to act as an agent of that business entity or third-party, and that you have the right and ability to agree to and bind that third-party or business entity to the terms of this Agreement on its behalf.
You represent that your use of the Services does not violate any law, regulation, ordinance, statute, or treaty that is applicable to individuals or business entities located in the jurisdiction in which you live. You further represent that you are not prohibited from entering into this Agreement by the terms of any preexisting agreement.
The Company provides you with limited, non-exclusive, non-sublicensable, non-assignable, revocable, and royalty-free license to use the Services for its customary and intended purposes. You are expressly prohibited from scraping, framing, hacking, reverse engineering, crawling, or aggregating the Services, the Company Website, whether in whole or in part, without the prior written consent of the Company.
You acknowledge and agree that your limited use of the Services does not entitle you to any license or intellectual property rights to any technology, intellectual property, copyrights, trademarks, or trade secrets of the Company or any third-party contractor thereof. You acknowledge and agree that your use of the Services is limited by the terms of this Agreement, and you expressly agree that you will not use the Services in any manner that is not expressly authorized under the terms of this Agreement. The Company reserves all of its rights not expressly granted through this Agreement.
This license is revocable at any time without prior notice, and any rights not expressly granted in this Agreement are reserved for the Company.
You are expressly prohibited from using the Services in violation of any law, statute, ordinance, regulation, or treaty, whether local, state, provincial, national, or international, or in violation of the rights of a third-party, including, but not limited to intellectual property rights, privacy rights, rights of publicity, or other personal or proprietary rights.
Additionally, you are expressly prohibited from scraping, crawling, framing, posting unauthorized links to, aggregating, hacking, performing denial of service (DOS) attacks on, reverse engineering, or circumventing technological protection measures of the Services or the Company website.
You are also prohibited from using the Services or the Company website to transmit unsolicited commercial emails to third parties or Traders of the Company. While the Company is not responsible for any such content posted by Traders and does not have any affirmative obligation to monitor such content, the Company reserves the right to remove any content at the Company’s sole and absolute discretion.
You are also prohibited from using any trading strategy that is expressly prohibited by the Company or the broker(s) (individually or collectively, “Broker”) the Company uses. Such prohibited trading (“Prohibited Trading”) shall include, but not be limited to:
If the Company determines in its sole and absolute discretion that your trading constitutes Prohibited Trading, your participation in the program will be terminated and may include forfeiture of any fees paid to the Company. Additionally, and before any Trader may be eligible to receive a payout based on trading in a virtual funded account, the trading activity of such Trader under these Terms & Conditions shall be reviewed by the Company and by the Broker at the Company’s option to determine whether such trading activity constitutes Prohibited Trading. If such review concludes that the Trader engaged in Prohibited Trading as determined by the Company in its sole and absolute discretion, the Trader shall not be eligible to receive a payout based on trading in a virtual funded account.
The Company does not provide any trading or investment education, recommendations or advice. The objective of the Company is to identify individuals who can demonstrate an ability and aptitude for successful trading. No live trading is provided to Traders by the Company. Traders who pass an audition and assessment offered by the Company shall be allocated virtual capital to trade in a simulated account under the terms of an agreement with an affiliate of SurgeTrader, LLC
Although the Company may from time to time provide certain data, information, and content relating to potential investment approaches and opportunities to make trades, any such data, information and content is provided solely for general informational and educational purposes. The Company does not suggest or recommend that the Trader take any action based upon any information or materials provided on by the Company. You should not construe any such data, information, or content as investment, financial, tax, legal, or other kind of advice.
The Company further does not make any representations or warranties that any data, information, or content on the Company website is accurate or complete. You alone will bear the sole and complete responsibility of evaluating the merits and risks associated with using any such data, information, or content. As such, you agree to hold the Company harmless and not to hold the Company liable for any possible claims of damages that may arise from any decision that you make or action or omission to act based upon any data, information or content on the Company website.
Although the Company does not offer or provide you with the opportunity to invest actual funds, the Company wants to make sure you are aware of and understand the risks involved with actual trading or investing. You should be aware that the risk of trading or investing is high and substantial. Leverage can work for you as well as against you and may or may not lead to substantial losses or increases in the amount of losses. Additionally, past performance is not necessarily indicative of future results.
You should carefully consider whether trading or investing is right for you depending on your investment objectives, level of experience, and risk appetite. If you are unsure, you should consult with a financial advisor and/or tax advisor before making any decision.
The account will be personal to you, and you cannot share it with anyone else. You also may not purchase an account on behalf of a third party or have an account purchased for you by a third party. You will be responsible for maintaining the confidentiality of your username and password. If you suspect that your account has been breached, you must immediately notify The Company.
Traders are limited to one active account per Audition level, absent prior written approval.
Purchases and Refunds
The Company may provide products, services, subscriptions, or access to certain portions to the Company’s website at a monetary cost. Prices and availability are subject to change without notice. The Company may allow for such purchases within its website or via a white label affiliate. It is your responsibility to read thoroughly and understand all such terms and conditions. By making any such purchases, you will be deemed to have read thoroughly and understand all such terms and conditions.
You further agree that the Company has no responsibility or liability for any claim related to your purchases. Upon the complete purchase of a product, service, subscription, or access to certain portions of the Company website, the Company will make any said product, service, or access will be available to you following the approved transaction in accordance with the applicable description and conditions on the Company website.
The Company will provide a refund upon request for purchases within 24 hours of initial purchase on accounts not used, less a 30% account set-up fee on any Services purchased from the Company. You may be required to provide additional documentation or information to establish KYC/AML verification for your purchase within 24 hours of the request that, if not submitted, may result in your use of and access to the Services being suspended, revoked, or terminated. Providing documentation or information does not guarantee that your access will not be revoked and that you will still be ineligible.
The Company will display the guidelines associated with the Services on the Company’s website, and via email upon becoming a Trader. Such guidelines, which may change from time to time in the Company’s sole and absolute discretion, are incorporated in whole into this Agreement. The Company makes absolutely no promise, guarantee, or warranty, express or implied, as to any offer or promise of future employment as a trader, monetary payments, or any other type or kind of compensation or award for your activities as a Trader.
You acknowledge and agree that any and all trademarks, trade names, design marks, or logos displayed on the Company website by the Company, are common law or registered trademarks owned by or licensed to the Company by their respective owners. You are not granted any form of license and are expressly prohibited from using trademarks of the Company in any manner without the Company’s prior permission. Without limiting the foregoing, you are prohibited from using trademarks of the Company in domain names, keyword advertisements, trigger keyword advertisements, or in meta tags. Access to the Company website does not authorize any person to use any name, logo or mark, regardless of whether displayed on the Company website or not, in any manner.
You acknowledge and agree that the Company’s website, its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials which appear on the Company’s website. Access to the Company website does not confer and shall not be considered as conferring upon any person any license of or under any of the Company’s or any third party’s intellectual property rights. All rights, including copyright, in the Company website are owned by or licensed to the Company or third-parties, as applicable. Any use of the Company website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use, is prohibited without the permission of the Company. You cannot modify, distribute or re-post anything on the Company website for any purpose.
All materials, including images, text, illustrations, designs, icons, photographs, programs, audio clips or downloads, video clips and written and other materials that are part of the Company website (collectively, the “Contents”) are intended solely for personal, non-commercial use. No right, title or interest in any downloaded materials or software is transferred to ou as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the contents, the Company website or any related software. All software used by the Company or on the Company website is the property of the Company or its suppliers and protected by laws of the United States . Any other use, including reproduction, modification, distribution, transmission, republication, display, or performance, of the contents on the Company website is strictly prohibited. Unless otherwise noted, all such contents are copyrights, trademarks and/or other intellectual property owned, controlled or licensed by the Company, one of its affiliates or by third parties who have licensed their materials to us and are protected by laws of the United States . The compilation (meaning the collection, arrangement, and assembly) of all contents on the Company website is the exclusive property of the Company and is also protected by the laws of the United States .
Although the Company does not offer or provide you with the opportunity to invest actual funds, you should carefully consider your investment objectives, level of experience and risk appetite before deciding to participate in financial markets, trading or investing. Do not trade or invest money you cannot afford to lose.
There is considerable exposure to risk in any over-the-counter transaction, including, but not limited to, leverage, creditworthiness, limited regulatory protection and market volatility that may substantially affect the price of the products you are trading.
Moreover, the leveraged nature of over-the-counter trading means that any market movement will have a proportionally larger effect. Leverage may work against you as well as for you, possibly increasing the size of any losses.
There are risks associated with utilizing an Internet-based service or system including, but not limited to, failure of hardware, software, or Internet connection. The Company is not responsible for communication failures or delays when trading via the Internet.
Term and Termination
The term of this Agreement will begin when you first purchase a Service offered via the Company and will continue until either the Company terminates your access to the Services or you stop using the Services.
The Company reserves the right to terminate the Services or your access to the Company website in its sole and absolute discretion and without prior notice.
Disclaimer of Warranties and Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES OFFERED OR PROVIDED BY THE COMPANY AND COMPANY WEBSITE ARE PROVIDED ON AN “AS-IS” BASIS WITHOUT WARRANTY OF ANY KIND, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, AND NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY, ITS AFFILIATES, MANAGERS, OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, OWNERS AND AGENTS, WILL NOT BE HELD RESPONSIBLE OR LIABLE FOR ANY CLAIMS, DAMAGES, JUDGMENTS, CHARGES, OR FEES ARISING OUT OF OR RELATED TO INFORMATION ON THE WEBSITE AND YOUR USE OF OR ACCESS TO THE SERVICES OFFERED OR PROVIDED BY THE COMPANY OR THE COMPANY WEBSITE, INCLUDING, BUT NOT LIMITED TO COMPENSATORY DAMAGES, CONSEQUENTIAL DAMAGES, SPECIAL DAMAGES, INCIDENTAL DAMAGES, PUNITIVE DAMAGES, EXEMPLARY DAMAGES, COSTS AND ATTORNEYS’ FEES, DAMAGES ARISING OUT OF ERRORS OR OMISSIONS, AND DAMAGES ARISING OUT OF THE UNAVAILABILITY OF THE COMPANY WEBSITE OR DOWNTIME, IF ANY. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICES AND/OR THE COMPANY WEBSITE IS AT YOUR SOLE RISK AND THAT THE COMPANY’S LIABILITY IS LIMITED TO THE AMOUNT THAT YOU PAID TO USE THE SERVICES OR $1,000, WHICHEVER IS LESS.
You agree to indemnify, defend, and hold harmless the Company, its affiliates, managers, officers, directors, members, employees, owners and agents from and against any and all losses, including, but not limited to costs and attorneys’ fees arising out of or related to your use of the Company Website; your breach of any term or condition of this Agreement; your infringement on or violation of the rights of any third parties, including but not limited to intellectual property rights or other personal or proprietary rights; and your violation of any law, statute, ordinance, regulation, or treaty, whether local, state, provincial, national or international.
Your obligation to indemnify, defend and hold the Company harmless will not provide you with the ability to control the Company’s defense of any claim or action brought against the Company or its affiliates, managers, officers, directors, members, employees, owners and agents, and the Company reserves the right to control such defense, including choice of counsel and whether to litigate or settle a claim subject to indemnification.
You acknowledge and agree that any controversy, claim or dispute arising out of or related to this Agreement, including any controversy, claim or dispute concerning interpretation of this Agreement or your use of this Services, will be settled by arbitration pursuant to the most recently effective commercial arbitration rules of the American Arbitration Association (AAA). This arbitration proceeding will be decided by a single arbitrator randomly selected from a list of neutral arbitrators maintained by the AAA. Judgement on any award rendered by the arbitrator may be entered in any court of competent jurisdiction. The arbitrator will be provided with the right to award costs and attorneys’ fees to the prevailing party. If conducted in person, the arbitration will be held in Naples, Florida and both the Company and Trader agree that they will be required to be present in Naples, Florida for arbitration under such circumstances and the terms of this Agreement. You submit and agree to consent to to exclusive personal jurisdiction in Collier County Florida. The arbitrator will apply the laws of Florida in deciding any controversy or claim pursuant to this Agreement.
The Company shall not be liable to Trader for any claims, losses, damages, costs or expenses, including attorneys’ fees, caused, directly or indirectly, by any events, actions or omissions, including, without limitation, claims, losses, damages, costs or expenses, including attorneys’ fees, resulting from civil unrest, war, insurrection, international intervention, governmental action (including, without limitation, exchange controls, forfeitures, nationalizations, devaluations), natural disasters, acts of God, market conditions, inability to communicate with any relevant person or any delay, disruption, failure or malfunction of any transmission or communication system or computer facility, whether belonging to the Company, Trader, or third-party service provider.
The representations, warranties, duties, and covenants made by you under this Agreement, including but not limited to your duty to indemnify and defend the Company, will survive termination of this Agreement or the Services for any reason.
In the event that any term, provision or condition of this Agreement is deemed invalid or unenforceable by a court of competent jurisdiction, the remaining terms and conditions of this Agreement will remain in full force and effect.
Interpretation and Governing Law
Except as set forth under Arbitration above, this Agreement shall be governed by the laws of the State of Florida without regard to conflict of law provisions and will be deemed to have been drafted by both parties, and the terms and conditions of this Agreement will not be interpreted against the drafter.
You are expressly prohibited from assigning your rights, obligations and duties under this Agreement. The Company reserves the right to assign its rights, obligations and duties under this Agreement without your consent, including in connection with a sale of the Company, its assets or Services.
No term or condition of this Agreement or breach or alleged breach of this Agreement will be deemed to have been waived or consented to, unless waived in writing and signed by the party to be charged.
This Agreement contains the entire agreement between the Company and the Trader regarding the use of the Services and supersedes all prior understandings, agreements, or representations between the Company and Trader, whether written or oral.
Hypothetical performance results do not represent actual trading and are generally designed with the benefit of hindsight, which may under- or over-compensate for the impact of certain market factors, including lack of liquidity and price slippage. Furthermore, since hypothetical trading does not involve financial risk, no hypothetical performance results can completely account for the impact of certain factors associated with risk, including the ability of the customer or the advisor to withstand losses or to adhere to a particular trading program in the face of trading losses.