Elite Trader Funding

Last modified: January 24, 2022

1. SCOPE OF THIS PRIVACY POLICY

This Privacy Policy outlines what types of information are collected from our account holders, users, and visitors (“you”, “your”, or “User”), to whom it may be disclosed, and how that information may be used by Elite Trader Funding LLC, a Texas limited liability company, and its affiliated entities (collectively, “Elite Trader Funding LLC”, “we”, “our”, or “us”), as each of the foregoing relates to your use of Elite Trader Funding LLC’s Web Sites (“Sites”), software, applications, content, platforms, products, and services (each, a “Service, and collectively, the “Services”). This Privacy Policy contains capitalized words or phrases throughout which are defined terms. Their definitions are found either in this Privacy Policy or the Terms of Use.

By using the Sites or Services, you agree that you have read, understood, and consented to this Privacy Policy, our Terms of Use, all amendments, addenda, and licenses to each of the Privacy Policy and the Terms of Use (collectively, the “Agreement”). You should review the Terms of Use, along with this Privacy Policy. By using our Sites or Services, you consent to Elite Trader Funding LLC’s use of your information and data as described in the Agreement. If you do not agree to the terms of this Privacy Policy, do not use the Sites or Services. Please check back periodically as Elite Trader Funding LLC reserves the right to change, modify, add, or remove portions of this Privacy Policy after providing notice to you. The form of such notice is determined at our discretion.

The official language used by Elite Trader Funding LLC is English; 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.

2. DEFINITIONS

“Account” means an account of a User that is registered with Elite Trader Funding LLC that has access to specified Services of Elite Trader Funding LLC.

“Agreement” means this Privacy Policy, our Terms of Use, all amendments, addenda, and licenses to each of the Privacy Policy and the Terms of Use.

“Authorization” means the set of rights and privileges on the Web Site assigned to a User by Elite Trader Funding LLC.

“Brazilian User” means a User who resides in Brazil.

“Content” means all information and other materials present on the Sites, including Elite Trader Funding LLC’s products and services, text, images, photos, trading ideas, opinions rumors, advice, charts, financial information, ratings, reviews, or similar information.

“Controller” means a person or entity who, either alone or jointly, determines the purposes and means of the processing of Personal Data, controls the data, and is responsible for it.

“Cookies” means small files that are placed on your hard drive for identification purposes. These files are used for site registration and customization the next time you visit us.

“Credit Card Information” means that information required to process a credit card payment, including name of the debit card holder, credit card number, CVV number, expiration date, billing address, phone number, and email address.

“Data” means information generated by you and other Users (whether aggregated or otherwise).

“Data Protection Officer” means the person or entity in charge of the data processing operation.

“Data Subject” means an identified or identifiable natural person.

“Debit Card Information” means that information required to process a debit card payment, including name of the debit card holder, debit card number, CVV number, expiration date, billing address, phone number, and email address.

“Designated Agent” means the Elite Trader Funding LLC representative identified in Section 2 of the Terms of Use.

“EU” means the European Union.

“EU User” means a User who resides in the European Union.

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

“GDPR” means the General Data Protection Regulation, adopted as Regulation (EU) 2016/679 of the European Parliament on April 14, 2016.

“LGPD” means Lei Geral de Proteção de Dado, Brazil’s Data Protection Law. The LGPD is effective on May 3, 2021.

“Log Data” means information that your browser sends whenever you visit a website; this information is automatically recorded by our servers.

“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.

“Sensitive Data” means data that reveals racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, biometric data, data that concerns health, or data that concerns a natural person’s sex life or sexual orientation.

“Terms” means Elite Trader Funding LLC’s Terms of Use.

“User” means a natural or legal person over the age of 18 who has accepted Elite Trader Funding LLC’s Terms of Use and, if applicable, has been authorized to use the Account on behalf of himself/herself.

“User Submission” means any comment, or personal information, including ideas, suggestions, opinions, comments, observations, or other material , posted to any public form on our Sites or Services, including any publication, article, social network page, blog, chat room, or other such forum.

“Visitor” means a legal or natural person who visits our Site without having an Account.

3. Elite Trader Funding LLC AS DATA CONTROLLER / DATA PROTECTION OFFICER

This Privacy Policy applies to the information and data collected by Elite Trader Funding LLC as a Controller. Should you have questions or requests regarding your Personal Data, you may contact Elite Trader Funding LLC’s Data Protection Officer at any time at support@elitetraderfunding.com. You may also call us at (302) 691-9373 or write to us at: Elite Trader Funding LLC, Attn: Data Protection Officer, 2810 N Church St, PMB 53832, Wilmington, DE 19802

4. DESIGNATED AGENT

Elite Trader Funding LLC’s Designated Agent for purposes of the Digital Millennium Copyright Act may be contacted at support@elitetraderfunding.com. Please refer to “Designated Agent” in the subject line of your email. You may also call us at (302) 691-9373 or write to us at: Elite Trader Funding LLC, Attn: Designated Agent, 2810 N Church St, PMB 53832, Wilmington, DE 19802

5. COLLECTION OF PERSONAL DATA

You may choose to register an Account with our Sites or Services, and we may collect certain personal information from you in order to provide services and to complete transactions.

When you register with us through our Sites or Services, we will ask you for Personal Data. Personal Data may include your name, phone number, email address, postal address, username, password, zip code, and age (optional).

Our Sites or Services may provide links to third-party applications, products, services, or web sites for your convenience and information. If you access those links, you will leave our Sites or Services. We do not control those third-party sites and services or their privacy practices, which may differ from our practices. We do not endorse or make any representations about third-party sites. Any information you choose to provide to, or that is collected by those third parties is not covered by the Agreement. We cannot control the activities of third parties, and we have no responsibility for any use of the information provided by such third parties. Any information you choose to provide to third party web sites or products will be governed by the policies of those third-party web sites and products.

If you post a User Submission to any public forum on our Sites or Services, including any publication, article, social network page, blog, chat room, or other such forum, please be aware that any Personal Data disclosed in your User Submission can be read, viewed, collected, or used by other users of these forums, and could be used to contact you, send you unsolicited messages, or for purposes that neither you nor we control. We may also aggregate all or any part of User Submissions into a resource that we may use, share, or distribute provided that any Personal Data has been anonymized. Elite Trader Funding LLC is not responsible for the Personal Data contained in your User Submission.

6. LEGAL BASIS FOR COLLECTING YOUR PERSONAL DATA

Our legal basis for collecting and using your Personal Data will depend on the Personal Data concerned and the specific context in which we collect it. However, we will normally collect Personal Data from you only where we have your consent to do so, where we need your Personal Data to perform a contract with you, where the processing is in our legitimate interests and is not overridden by your data protection interests or fundamental rights and freedoms, and when we have a legal obligation to do so. Your consent to our Terms of Use and this Privacy Policy also constitutes the legal basis upon which we may collect your Personal Data.

7. PURPOSES FOR WHICH WE COLLECT PERSONAL DATA / HOW WE USE AND SHARE YOUR PERSONAL DATA / LOCATION OF PROCESSING

Purposes for Which We Collect Personal Data

We do not sell your Personal Data to third parties to use for their own marketing purposes. Elite Trader Funding LLC uses the information we collect for the following purposes:

Provide our Services. To provide the services we offer on our Sites and Services, to communicate with you about your use of our Sites or Services, to respond to your inquiries, to provide troubleshooting, and for other customer services designed to make your experience better.
To tailor the content and information that we may send or display to you, to suggest personalized help and instructions, and to otherwise personalize your experience while visiting or using our Sites or Services.
To display interest-based advertising to you, to improve our advertising and measurement systems so that we can show you more relevant ads, and to measure the effectiveness and reach of ads and services.
Marketing and Promotions. For marketing and promotional purposes, such as to send you news and updates, special offers, and promotions, or other otherwise contact you about products, services, or information we think may interest you, including information about third party products and services.
To gather metrics to better understand how Users access and use the Sites and Services; to evaluate and improve the Sites and Services; and to develop new products and services.
Comply with the Law. To comply with legal obligations, as part of our general business operations, and for other business administration purposes.
Prevent Misuse. Where we believe it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, or violations of our Terms of Use or this Privacy Policy.

How We Use and Share Your Personal Data

We use the information you provide to offer, manage, or improve our Sites or Services, including but not limited to:

improving content;
adapting or adding in new features and functionality;
providing and improving service and support;
delivering relevant advertising;
assisting with social sharing functionality;
developing new products and services;
selecting content to be communicated to you;
aggregating certain types of information to better understand or provide better engagement with our Users; and
contacting you regarding our products or services; and preventing and detecting security threats, fraud or other malicious activity.

Elite Trader Funding LLC may share your Personal Data with our affiliates or with third parties, which provide services to us and which agree to keep such Personal Data confidential. You may view our agreements our affiliates and providers here.

We may employ third-party companies and individuals for any of the following:

to facilitate the Sites or Services;
to provide the Sites or Services on our behalf;
to perform related services, including maintenance, database management, web analytics, and improvement of the features or functionality;
to assist us in data analysis; and
to process debit, credit, and other payments and to perform related services.

Elite Trader Funding LLC may collect and compile general information about you, your preferences and interests and use that information as described in this Section. We may share with or sell such information to third parties for these same purposes but would never do so without your consent. When you sign up for an Account, you will be asked if you consent to us sharing or selling your information. If you do not provide your consent, we will not share with or sell any of your information to third parties.

We retain the right to disclose Personal Data as allowed or required by law. We may also disclose Personal Data under the following circumstances:

to respond to duly authorized information requests of police and governmental authorities;
to comply with any law, regulation, subpoena, or court order;
to investigate and help prevent security threats, fraud or other malicious activity;
to investigate and help prevent a violation of any contractual or other relationship with Elite Trader Funding LLC or the perpetration of any illegal or harmful activity;
to enforce and protect the rights and properties of Elite Trader Funding LLC, its affiliates and its business partners; and
to protect the personal safety of our employees, agents, affiliates, business partners, customers or site users.

In the event of a merger, consolidation, or sale or transfer of all or substantially all of the assets of Elite Trader Funding LLC or the Elite Trader Funding LLC Parties, Personal Data stored in our database will be transferred to the purchasing or new entity. However, the use of this information by any purchasing or surviving entity would be governed by the terms of this Privacy Policy, as amended from time to time, including any amendment after such transaction.

Your information may be transferred to and maintained on computers and servers located outside of your state, province, country, or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you are located outside the United States and choose to provide information to us, Elite Trader Funding LLC transfers Personal Data to the United States and processes it there. Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

Location of Processing

Personal Data is processed in the United States of America. Personal Data from EU Users and Brazilian Users is processed in the United States. Elite Trader Funding LLC shall process such Personal Data in accordance with the requirements of the GDPR and LGPD.

8. CALIFORNIA PRIVACY RIGHTS

This Section supplements the information contained in this Privacy Policy and applies solely to all visitors, users, and others who reside in the State of California. This Section complies with the California Consumer Privacy Act of 2018 (“CCPA”) and any terms defined in the CCPA have the same meaning when used in this Section. This Section does not apply to workforce-related personal information collected from California-based employees, job applicants, contractors or similar individuals.

Our Site or Services collects information that may identify, relate to, describe, reference, or is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household or device (“Personal Information”). Personal Information does not include:

Publicly available information from government records;
Deidentified or aggregated consumer information; or
Information excluded from the CCPA’s scope.

In particular, our Sites or Services has collected the following categories of Personal Information from consumers within the last 12 months:

Category	Examples	Collected
A. Identifiers	A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiers	YES
B. Personal Information categories listed in the California Consumer Records State (Cal. Civ. Code § 1798.80(e)).	A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories.	YES
C. Protected classification characteristics under California or Federal Law	Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).	YES
D. Commercial Information	Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.	NO
E. Biometric Information	Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.	NO
F. Internet or other similar network activity	Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.	YES
G. Geolocation Data	Physical location or movements.	NO
H. Sensory Data	Audio, electronic, visual, olfactory, or similar information.	NO
I. Professional or employment-related information	Current or past job history or performance evaluations.	NO
J. Non-public education information	Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.	NO
K. Inferences drawn from other personal information	Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.	NO

We obtain the categories of Personal Information listed above from the following categories:

Directly from you. For example, forms you complete or products and services your purchase; and
Indirectly from you. For example, from observing your actions on our Site.

The CCPA provides California residents with specific rights regarding their Personal Information. California residents have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months (the “right to know”). Once we receive your request and confirm your identity, we will disclose to you:

The categories of Personal Information we collected about you.
The categories of sources for the Personal Information we collected about you.
Our business or commercial purpose for collecting or selling that Personal Information.
The categories of third parties with whom we share that personal information.
If we sold or disclosed your Personal Information for a business purpose, two separate lists disclosing:
- sales, identifying the Personal Information categories that each category of recipient purchased; and
- disclosures of a business purpose, identifying the Personal Information categories that each category of recipient obtained.

The specific pieces of Personal Information we collected about you (also called a portability request).

California residents also have the right to request that we delete any of your Personal Information that we collected from you and retained, subject to certain exceptions (the “right to delete”). Once we receive your request and confirm your identity, we will review your request to see if an exception allowing us to retain the Personal Information applies. We will delete or deidentify Personal Information not subject to one of these exceptions from our records and will direct our service providers to take similar action.

To exercise your rights to know or delete described above, please submit a request by submitting a request to: c/o Elite Trader Funding LLC, Attn: Data Protection Officer, 2810 N Church St, PMB 53832, Wilmington, DE 19802 or at support@elitetraderfunding.com. Only you, or someone legally authorized to act on your behalf, may request to know or delete related to your Personal Information. You may also make a request to know or delete on behalf of your child. You may only submit a request to know within a 12-month period. Your request to know or delete must provide sufficient information that allows us to reasonably verify you are the persona bout whom we collected Personal Information or an authorized representative. We endeavor to substantively respond to a verifiable consumer request within 45 days of its receipt. If we require more time (up to another 45 days), we will inform you of the reason and extension period in writing.

We will not discriminate against you for exercising any of your CCPA rights. However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your Personal Information’s value.

California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our Site that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to support@elitetraderfunding.com or write us at: Elite Trader Funding LLC, Attn: Data Protection Officer, 2810 N Church St, PMB 53832, Wilmington, DE 19802

9. GDPR AND LGPD

European Union General Data Protection Regulation 2016/679

European Union General Data Protection Regulation EU 2016/679 (“GDPR”), approved by the European Parliament on April 14, 2016, and effective May 25, 2018, addresses the protection of natural persons located in the EU with respect to the processing of their Personal Data. GDPR recognizes that Personal Data shall be:

processed lawfully, fairly and in a transparent manner;
collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes;
adequate, relevant and limited to what is necessary in relation to the purposes for which it is processed;
accurate and, where necessary, kept up to date;
kept in a form which permits identification of Data Subjects for no longer than is necessary for the purposes for which the personal data are processed; and
processed in a manner that ensures appropriate security of the personal data, including protection against unauthorized or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organizational measures.

As a Controller, Elite Trader Funding LLC shall be responsible for, and shall be able to demonstrate compliance with, the foregoing principles. Therefore, you have the right:

to request the correction or update of any Personal Data that is incorrect or incomplete;
to request the erasure of your Personal Data (the right to be forgotten);
to portability of your Personal Data;
to object to the processing of your Personal Data;
not to be subject to a decision based on automated decision-making, including profiling;
to withdraw consent to the processing of your Personal Data; and
to register a complaint with an EU supervisory authority.

LGPD Supplemental Privacy Notice

This Section addresses legal obligations and rights set forth in the LGPD that apply only to eligible residents of Brazil. These obligations and rights apply to businesses doing business in Brazil and to Brazilian residents and information that relates to Brazilian Users. IT does not apply to information that has been anonymized by the LGPD.

If you are a Brazilian resident, the following provisions apply in addition to the terms of the Privacy Notice:

The LGPD grants you certain rights about your Personal Data. In addition to the rights outlined in this Privacy Policy, you also have the right to:
- request the deletion, blocking or anonymization of your Personal Data, if you believe Elite Trader Funding LLC is processing your Personal Data information in an unnecessary, exceeding or non-compliant matter;
- request the portability of your Personal Data; and
- request information about the entities with which Elite Trader Funding LLC has shared your Personal Data with.
Because the Services and Sites are provided to you by Elite Trader Funding LLC in the United States, Elite Trader Funding LLC needs to carry out international transfers of your Personal Data from Brazil to the United States and other countries for the proper operation of the Services. Therefore, the international transfers of all Brazilian Users’ Personal Data are based upon contractual necessity, as provided by the LGPD.

Request for the deletion of Personal Data

Under the GDPR and the LGPD, EU Users and Brazilian Users may have the right to request the deletion of their Personal Data that Elite Trader Funding LLC collects, stores, or processes. In the event Elite Trader Funding LLC receives such a request, Elite Trader Funding LLC will erase the Personal Data without undue delay (which will be no longer than 30 days for EU Users and no longer than 15 days for Brazilian Users). All requests will be subject to our information request requirements, including identity verification and authentication procedures, as well as compliance with applicable law. To the extent permitted by the applicable laws, we may decline, however, requests that are unreasonable, incomplete, do not comply with our information request procedures or that are not required to be honored by applicable law.

If you would like to submit a request for erasure (request to be forgotten), please use the form linked here.

10. KEEPING YOUR PERSONAL DATA SECURE

To prevent unauthorized access or disclosure, to maintain data accuracy, and to ensure the appropriate use of the information, Elite Trader Funding LLC utilizes generally accepted industry standards to protect your Personal Data submitted to Elite Trader Funding LLC or relies on the services of third parties to provide the same. However, no method of transmission over the internet or method of electronic storage is 100% secure. We cannot guarantee the absolute security of your Personal Data.

11. CHILDREN’S PRIVACY

Elite Trader Funding LLC Sites or Services are not intended for use by minors under the age of 18 and are not targeted to children. Elite Trader Funding LLC does not knowingly collect information from children under the age of 16, solicit information from such children, or market products to such children.

12. SENSITIVE DATA

We do not intentionally collect, process, transfer, or store Sensitive Data.

13. LOG DATA AND COOKIES

We use cookies and other similar technologies, including log data, on our Sites and Services to distinguish you from other users of our websites and apps (including when you browse third party websites). This helps us to provide you with a good experience when you use our services. We also use cookies and similar technologies to show you more personalized advertising. You may adjust the settings on your browser to refuse cookies but some of our services may not work if you do so.

Our servers also automatically record Log Data which includes information such as your internet service provider, your computer’s internet protocol address, browser type and operating system, referring/exit pages, clickstream data, pages of our Sites and Services that you visit (and the time spent on these pages), information you search for on our Sites or Services, and other statistics. We use this information to monitor and analyze your use of our Sites or Services and to better tailor them to your needs in order to provide you with a better experience.

Please click here to see the Cookies used on our site.

14. ACCESS TO AND ACCURACY OF YOUR PERSONAL DATA

Elite Trader Funding LLC strives to keep your Personal Data accurately recorded. You have the right to access and request the correction, amendment, or deletion of all of your recorded personal information that has been collected by us. If you wish to review your recorded Personal Data, please contact us at:

c/o Elite Trader Funding LLC, Attn: Data Protection Officer, Email: support@elitetraderfunding.com U.S. Mail: 2810 N Church St, PMB 53832, Wilmington, DE 19802

If you write to us, please include your name, email address, and telephone number and let us know what kind of information you would like to see. You may view and copy your information in person, or if you prefer, we will copy and send you your information. If you see any mistakes, let us know and we will review it. If we agree, we will correct our files. If we disagree, you may file a short statement of dispute with us. Your statement will be included with any data we disclose in the future. We will also send the statement to anyone you ask us to who received your information from us in the past two years.

15. DATA RETENTION

Elite Trader Funding LLC retains Personal Data for as long as we reasonably require it for legal or business purposes. In determining data retention periods, Elite Trader Funding LLC takes into consideration local laws, contractual obligations, and the expectations and requirements of our Users. We will not retain data longer than is necessary to fulfill the purposes for which it was collected or as required by applicable laws or regulations. When we no longer need personal information, we securely delete or destroy it.

16. ACCEPTANCE OF AND MODIFICATIONS TO THIS PRIVACY POLICY

You must affirm that you have read, understand, and accept the terms of this Privacy Policy. If you do not accept the terms of this Privacy Policy, you must discontinue your use of the Sites and Services.

The terms of the Privacy Policy may change from time to time. If we modify our Privacy Policy, we will notify you and post the revised statement here, with an updated revision date. You must affirm that you have read, understand, and accept the revised terms of this Privacy Policy. If you do not accept the revised terms of this Privacy Policy, you must discontinue your use of the Sites and Services.

17. CONTACT US

We value your opinion. If you have comments or questions about our Privacy Policy, please send them to our Data Protection Officer at support@EliteTraderFunding.com. You can also write to us at:

c/o Elite Trader Funding LLC, Attn: Data Protection Officer, 2810 N Church St, PMB 53832, Wilmington, DE 19802

Terms of Service

Effective date: November 21, 2024

Please read on to learn the rules and restrictions that govern your use of this website, products, services and applications (the “Services”). If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at support@elitetraderfunding.com.

These Terms of Use (the “Terms”) are a binding contract between you and Elite Trader Funding LLC. (“ETF”, “ETF”, “we” and “us”). You ("you", "your", "User" or "Trader") must agree to and accept all of the Terms. If you do not accept these Terms, you do not have the right to use the Services. Your use of the Services in any way expressly means you agree to all of these Terms, and these Terms will remain in effect at all times while you use the Services. These Terms , as well as those contained in your Account Agreement and Privacy Policy, are hereby incorporated by reference and each of these agreements constitutes the Agreement (hereinafter, the “Agreement”).

"Account" or "Elite Account" means an Account established and maintained by ETF or on ETF’s behalf by a third-party vendor, having a distinct identifying Account number and containing an initial balance established by ETF and the Trader.

Our Services offer performance paid trading programs and opportunities. You, as a User assume all risk and liability should you elect to use any of the Services.

All ratings, comments, or opinions on different parts of the website do not necessarily reflect those of the entity operating or hosting the website. The website offers trading programs and at times may allow users a platform for to express their opinions on ETF and different companies and provide this information as a service to other users.

You assume all risk and liability should you elect to use the Services or use any of its constituent material or programs.

THESE TERMS CONTAIN DISCLAIMERS OF WARRANTY AND LIMITATION OF LIABLITY PROVISIONS, INCLUDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO BRING AN ACTION IN COURT, RIGHT TO A JURY TRIAL, AND RIGHT TO PARTICIPATE OR INITIAIATE A CLASS ACTION. ARBITATION IS MANDATORY AND IS YOUR EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES ARISING OUT OF YOUR USE OF THE SERVICES UNLESS OTHERWISE SPECIFIED. YOU HEREBY AGREE TO THESE TERMS AND AGREEMENT, WHICH ARE AN ESSENTIAL BASIS OF THE TERMS.

ACCEPTANCE OF AND MODIFICATIONS TO THESE TERMS

By using the Services, you, the User hereby warrant and represent that you have read these Terms and the other documents that constitute the Agreement.

These Terms may change from time to time. If we modify our Terms, ETF will post any updates to this page, along with an updated revision date. If you do not agree to any changes to these Terms, you hereby warrant and represent that you shall discontinue your use of the Services. Further,

if you don’t agree with the new Terms and/or Agreement, you agree to no longer use the Services. If you use the Services in any way after a change to the Terms or the Agreement is effective, you hereby agree to all of the changes.

Except for changes by us as described here, no other amendment or modification of these Terms or Agreement will be effective unless in writing and signed by both you and ETF.

CFTC REQUIRED DISCLAIMER

Commodity Futures Trading Commission Futures and Options trading has large potential rewards, but also large potential risk. You must be aware of the risks and be willing to accept them in order to invest in the futures markets. Don't trade with money you can't afford to lose. This is neither a solicitation nor an offer to buy or sell futures, stocks, options, or any security. ETF makes no representation that any User will or is likely to achieve profits or losses similar to those discussed on the website or elsewhere in the Services. The past performance of any trading system or methodology is not indicative of future results.

CFTC RULE 4.41 - HYPOTHETICAL OR SIMULATED PERFORMANCE RESULTS HAVE CERTAIN LIMITATIONS. UNLIKE AN ACTUAL PERFORMANCE RECORD, SIMULATED RESULTS DO NOT REPRESENT ACTUAL TRADING. ALSO, 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 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 OR IS LIKELY TO ACHIEVE PROFIT OR LOSSES SIMILAR TO THOSE SHOWN.
NO REPRESENTATION IS BEING MADE THAT ANY ACCOUNT WILL, OR IS LIKELY TO ACHIEVE PROFITS OR LOSSES SIMILAR TO THOSE DISCUSSED WITHIN THIS SITE OR SERVICES. OUR SERVICES AND ANY MATERIAL, COURSE(S), OR PRODUCTS CONTAINED THEREIN SHOULD BE USED AS LEARNING AIDS ONLY AND SHOULD NOT BE USED TO INVEST REAL MONEY. IF YOU DECIDE TO INVEST REAL MONEY, ALL TRADING DECISIONS SHALL BE YOUR OWN.

elitetraderfunding.com reserves the right at any time to limit access to, modify, change or discontinue the services of this site with or without notice to You and we shall not be liable to you for any such modification, suspension or discontinuance of the services.

PRIVACY

Elite Trader Funding LLC takes the privacy of its users very seriously. For our current Privacy Policy, click here.

The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from children under 13; if you are a child under 13, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us at support@elitetraderfunding.com.

By using the Services, you hereby represent and warrant that you are at least eighteen (18) years of age, or the age of majority in the jurisdiction in which you reside, whichever is greater. If you are not at least eighteen (18) years of age, or the age of majority in the jurisdiction in which you reside, whichever is greater, you are strictly prohibited from accessing our Services or any of its constituent parts/materials.

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 Sites or Services, nor do we directly offer any financial advice of our own as part of the Sites 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 Sites or Services or your interaction with other Users.

YOUR USE OF ETF's Services

You are required to sign up for an Account and select a password and user name (“User ID”). You agree to provide us with accurate, complete, and updated registration information about yourself. You may not select as your User ID a name that you don’t have the right to use or another person’s name with the intent to impersonate that person. Your Account and/or User ID are non-transferable without ETF’s prior written permission. No User may have or create more than one Account.

You will only use the Services for your own internal, personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, you are prohibited from using the Services. ETF will not be responsible for your use of the Services in any way that breaks any applicable law.

You represent and warrant that you will not share your Account information, User ID, or password with anyone, and you must protect the security of your Account and your password. You are strictly responsible for any activity associated with your Account or your Account’s use of the Services.

Your use of the Services is subject to the following additional restrictions:

You represent, warrant, and agree that you will not contribute any Content or User Submission (each of those terms is defined below) or otherwise use the Services or interact with the Services in any manner that:

(a) Infringes or violates the intellectual property rights or any other rights of anyone else (including ETF);
(b) Violates any law or regulation, including any applicable export control laws;
(c) Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
(d) Jeopardizes the security of your ETF Account or anyone else’s (such as allowing someone else to log in to the Services as you);
(e) Attempts, in any manner or respect, to obtain the password, Account, or other security information from any other User;
(f) Violates the security of any computer network, or cracks any passwords or security encryption codes;
(g) Runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
(h) “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
(i) Copies or stores any significant portion of the Services or Content contained therein;
(j) Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.
(k) Engage in trading strategies that utilize high-frequency trading (HFT) or other similar strategies that leverage technology to gain advantages in execution speeds by engaging in a high number of transactions in a short amount of time. All trades executed by you on ETF’s platform shall have a minimum duration of ten (10) seconds—no exceptions.
(l) utilize virtual private networks (VPNs), The Onion Router (TOR), proxy servers, or any other form of technology or technologies in tandem that in any way hinders our ability to ascertain your IP address.
(m) utilizes, shares, or allows third parties to access information within our Services or acquired by using or accessing the Services, unless otherwise expressly authorized by ETF. This includes services of any third party for the purposes of engaging or using the Services in any way. YOU EXPRESSLY AGREE THAT ANY VIOLATION OF THIS PROVISION IS A BREACH OF THESE TERMS AND YOUR CONFIDENTIALITY OBLIGATIONS HEREIN.
(n) is meant to circumvent KYC or AML regulations. This is inclusive of providing to ETF false, misleading, or incomplete information during the onboarding process or any subsequent steps that are necessary to comply with KYC or AML, laws, regulations or our internal controls. ANY USER THAT WE SUSPECT IS PROVIDING FALSE, MISLEADING, OR INCOMPLETE INFORMATION DURING THE ONBOARDING PROCESS OR AT ANY POINT SUBSEQENT WILL BE PERMINENTLY BANNED FROM USING OUR SERVICES, WILL HAVE PAYOUT AMOUNTS THEN OWED TO THE USER REDUCED TO ZERO DOLLARS, AND ETF MAY REPORT THE ACTIVITY TO PROPER AUTHORITIES IF APPROPRIATE.
(o) engages in hedging trades across Accounts with correlated instruments (e.g. NQ and MNQ or ES and MES) during major economic new releases.
(p) Otherwise performing trades in contradiction with how trading is actually performed in the applicable futures market, or in a way that establishes concerns that ETF might suffer financial or other harm as a result of a Trader’s activities.

You hereby agree, warrant, and represent that, during the course of using Services, you will not individually, through multiple trading Accounts, or in conjunction with other traders, hold both long and short trade positions simultaneously (wash sales). Wash sales are strictly prohibited on the Services and any individual or group of Users found to be engaging in wash sales or substantially similar tactics will be permanently banned from further use of or access to the Services, at the sole discretion and determination of ETF. You also agree to trade the highest volume, most current contract for the instrument you are trading. Trading low liquidity and low volume contracts is strictly prohibited.

The foregoing limitations are in place to preserve customer safety and maintain robust internal security.

If any ETF Trader is unable to complete a Trader’s KYC onboarding process within seven (7) days from Trader’s submission of KYC documents, ETF reserves the right to deny or void any payouts from that Trader’s Account(s), revoke access to the Trader’s Account(s), and deny Trader the use of any of ETF’s Services.

By using or interacting with the Services, you hereby agree and warrant that you will not publish, issue, or cause to be issued or disclosed any information or statements in the public domain, including online, in print, or verbally, that are designed, intended, or might reasonably be anticipated to be defamatory toward, or disparage ETF, including any of ETF’s officers, directors, employees, its business, the Services, products, or personnel.

Users utilizing our simulated-funded platform are limited to a total number of three (3) Accounts at any given time, but ETF reserves the right to increase the number of Accounts on a case-by-case basis.

All Live Trader Accounts are established, funded, and owned by ETF. The size and number of contracts allowable on such Live Trader Accounts shall be determined at ETF’s sole discretion and will be determined on the Trader’s qualifications and performance. Each Account is subject to a daily loss limit. If an Account incurs losses that reach or exceed this daily loss limit, the Trader will be unable to further trade on that Account for the remainder of the Trading Day. The Trader’s ability to Trade will be reinstated the next Trading Day. If a Trader accrues in an Account an amount equal to or greater than the daily loss limit from that Account’s initial balance, the daily loss limit will not be applicable to such an Account and minimum account balance to avoid trading lockout will be the initial Account balance. Should the Account reach the minimum Account balance, the Trader will be unable to perform trades through the Services for the remainder of that Trading Day. The daily loss limit will be reinstated in the subsequent Trading Day until the Trader accrues an amount equal to or greater than the daily loss limit from the initial balance. If a LIVE ELITE Trader is not meeting account performance standards (as determined at ETF’s sole discretion), ETF reserves the right to close that Account (at which time any remaining balance shall be forfeited to ETF) or require the Trader to cease all trading activities for a period of time, as determined at ETF’s sole discretion.

In the event that a Trader experiences excessive losses (in the sole determination of ETF) in intraday or in a single trading day, such Account shall be deemed invalid for continued participation in the Elite-Sim program and for eligibility in the LIVE ELITE program. This determination will be made during audits conducted by the risk team or at the time of a payout request, based on the increased risk profile associated with such significant drawdowns, which renders the account unsustainable for these programs.

ETF closely monitors the trading activity of all Users to ensure that the Terms and principles of ETF, including, but not limited to, integrity and fairness, are being upheld. Users are required to demonstrate sustained trading activity and a reasonable distribution of profits throughout the life of the Elite Account. ETF strictly prohibits artificial manipulation of the trading requirements, including, but not limited to, the execution of 'scratch trades' or any other actions with the primary intent to meet the minimum Active Trading Day requirement for each payout without genuine trading activity. An “Active Trading Day” means any day the Chicago Mercantile Exchange is open for trading and Trader has executed a trade that conforms to the Trader’s long-term strategy and is not executed for the purpose of achieving an Active Trading Day. If ETF concludes, in their sole discretion, that trade activity for an Account was executed for the purposes of achieving an Active Trading Day, ETF reserves the right to void that Active Trading Day. FOR THE AVOIDANCE OF DOUBT, Active Trading Day requirements must be met for each separate Account individually, meaning an Active Trading Day only applies to the Account that had an active trade. If a Trader executes a trade on an Account, the Active Trading Day is only applied to that Account and no others.

ETF’s goal is the help retail Traders become successful and funded under our LIVE ELITE program. This program is exclusive to our most successful Traders, and receiving an invitation is a significant privilege. Upon being offered the opportunity to become a LIVE ELITE Trader, you hereby agree to accept such opportunity to convert to a LIVE ELITE Trader Account. ETF reserves the right, at its sole discretion, to convert a Trader to a LIVE ELITE Account at any time. Traders are limited to a maximum of five (5) payouts or fifty (50) Active Trading Days (ATD) per Trader, whichever occurs first, before being automatically considered for transition to LIVE ELITE. For Traders with fewer than three (3) Accounts, the limits are a maximum of three (3) payouts or thirty (30) ATDs per Trader, whichever comes first. When transitioning to LIVE ELITE, the three (3) Elite Sim Accounts with the highest balances will be evaluated for conversion. The starting balance of the LIVE ELITE Account will be based on the initial drawdown limits of the selected accounts. If fewer than three (3) Accounts are being converted in this manner, the starting balance and drawdown limits will be equal to the initial drawdown limits of the (up to) three converting Accounts, added together. Upon conversion, all Elite Sim Funded Accounts will be closed, and no payouts from those accounts will be owed. ETF reserves the right to modify these terms, including payout limits, ATD limits, drawdown limits, or any other parameters of the LIVE ELITE Account.

ETF’s primary goal is to provide a mechanism for talented retail traders to enter confidently into live markets. To make this possible and ensure we can continue supporting you, ETF must maintain and enforce clear and fair rules around payouts for simulated accounts as part of our sustainable business model. We want to provide talented retail traders with a consistent, reliable, long-running partner in ETF that you can trust in your trading journey, without the stresses that often comes with using a proprietary firm (evaluation service). When you’re promoted to LIVE ELITE, you’ll enjoy a host of exciting benefits and perks—a win for all parties involved.

SHOULD YOU DECIDE NOT TO CONVERT WITHIN FIVE (5) BUSINESS DAYS OF THE OFFER TO CONVERT TO LIVE ELITE PROGRAM, THE FOLLOWING TERMS WILL APPLY: YOU WILL BE PAID OUT 10% OF YOUR EARNINGS UP TO $12,500, AS CALCULATED ON THE OFFER DATE, AND YOU WILL RECEIVE NO MORE THAN 5% OF YOUR EARNINGS EXCEEDING $12,500 AS OF THE OFFER DATE. ADDITIONALLY, YOU WILL BE PROHIBITED FROM USING ETF’S SERVICES FOR TWO (2) CALENDAR YEARS. ANY PAYOUT DESCRIBED IN THIS PARAGRAPH IS STRICTLY CONTINGENT UPON THE TRADER SUCCESSFULLY PASSES ETF’S KYC PROCESS. ANY TRADER THAT IS UNABLE TO SUCCESSFULLY PASS ETF’S KYC PROCESS WILL NOT BE ENTITLED TO ANY AMOUNTS OTHERWISE OWING UNDER THESE TERMS.

During payout audits, ETF uses a range of factors, including trade frequency, profit distribution, and performance over time, to evaluate the validity of each Trader's trading activity. ETF retains the sole and absolute discretion to determine whether a Trader's trading behavior is in accordance with the Terms, or if it constitutes an attempt to manipulate, game, or distort the payout eligibility criteria. Any such determination by ETF is final and binding.

We prioritize traders with a systematic approach. Traders are expected to adhere to a disciplined trading strategy that is consistent in terms of futures instruments and position sizes. Users must showcase a consistent trading pattern, specifically avoiding a pattern of significantly downsizing (such as from Mini to Micro) futures contracts across several trading days. Such downsizing hampers our risk team's ability to gather adequate data to assess whether a trader can manage the risks associated with trading ETF funds in the live markets. This also includes avoiding oversized positions on single trades, refraining from sporadic contract flipping merely to achieve an Active Trading Day, and maintaining uniformity in trade sizes. Practices such as martingale, high-frequency trading, or any form of erratic trading are prohibited. Our aim is to cultivate long-term partnerships built on steady growth and consistent performance. We seek to traders who demonstrate a systematic approach to trading with clearly defined strategies that are followed meticulously and judiciously. Any trading activity that deviates from these established guidelines may lead to termination of our Services to you, Account closure, revocation of/voiding any profits the Trader would otherwise be entitled to, and voided Active Trading Days. Our goal being to move traders with exceptional potential to our LIVE ELITE Accounts, we want to teach our users to avoid this type of all-or-nothing trading, which generally results in massive losses once they are moved into the Live markets. ETF is committed to supporting traders who are focused on sustainable trading practices that can be scaled and replicated effectively.

We consider any violation of the foregoing a serious matter that puts Users of our Services at risk and, therefore, is grounds for termination of your right to use or access the Services as well as ETF taking legal action in response to these violations, as appropriate. Additionally, ETF reserves the right to withhold or delay payouts, as well as terminate or suspend access to any User, if it determines, in its sole discretion, that a User has engaged in behavior that is inconsistent with or in violations of the Terms.

ETF reserves the right to discontinue service to any User, at any time. Additionally, ETF reserves the right to refuse provision of our Services to any User, at any time.

MY RIGHTS

The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Submissions (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and that you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates anyone else’s (including ETF’s) rights.

ETF owns the Services and you expressly agree that you won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services or Content or materials contained therein.

ETF may allow you to copy or download certain Content; just because this functionality exists, does not mean that all the restrictions contained within these Terms don’t apply, they do.

Do I have to grant any licenses to ETF or to other users?

Anything you post, upload, share, store, or otherwise provide through the Services is your “User Submission.” Some User Submissions are viewable by other Users. In order to display your User Submissions on the Services, you grant ETF certain rights in those User Submissions. Please note that all of the following licenses are subject to our Privacy Policy and the Agreement to the extent they relate to User Submissions that are also your personally identifiable information.

For all User Submissions, you hereby grant ETF a license to translate, modify (for any purposes, such as ensuring your Content is viewable on mobile devices as well as a computer), reproduce, and otherwise act with respect to such User Submissions, in each case to enable us to operate the Services, as described herein. This is a license only; your ownership of User Submissions is not affected.

If you share a User Submission only in a manner that only certain specified Users can view (for example, a private message to one or more other Users) (a “Limited Audience User Submission”), you grant ETF the licenses above, as well as a license to display, perform, and distribute your Limited Audience User Submission for the sole purpose of making that Limited Audience User Submission accessible to such other specified Users, and providing the Services necessary to do so. Also, you grant such other specified Users a license to access that Limited Audience User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services.

If you share a User Submission publicly on the Services and/or in a manner that more than just you or certain specified Users can view, or if you provide ETF (in a direct email or otherwise) with any feedback, suggestions, improvements, enhancements, and/or feature requests relating to the Services (each of the foregoing, a “Public User Submission”), then you grant ETF the licenses above, as well as a license to display, perform, and distribute your Public User Submission for the purpose of making that Public User Submission accessible to all ETF Users and providing the Services necessary to do so, as well as all other rights necessary to use and exercise all rights in that Public User Submission in connection with the Services and/or otherwise in connection with ETF for any purpose, provided that ETF will try to notify you if it uses your Public User Submission for any reason other than displaying it on the Services. Also, you grant all other Users of the Services a license to access that Public User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services.

You agree that the licenses you grant are royalty-free, perpetual, sublicensable, irrevocable, and worldwide, provided that when you delete your ETF Account, we will stop displaying your User Submissions (other than Public User Submissions, which may remain fully available) to other users (if applicable), but you understand and agree that it may not be possible to completely delete that content from ETF records, and that your User Submissions may remain viewable elsewhere to the extent that they were copied or stored by other users.

Finally, you understand and agree that ETF, in performing the required technical steps to provide the Services to our users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.

DMCA

You may have heard of the Digital Millennium Copyright Act (the “DMCA”), as it relates to online service providers, like ETF, being asked to remove material that allegedly violates someone’s copyright. We respect others’ intellectual property rights, and we reserve the right to delete or disable Content alleged to be infringing, and to terminate the Accounts of repeat alleged infringers; report potentially infringing content to support@elitetraderfunding.com. To learn more about the DMCA, click here.

RESPONSIBILITY for what I see and do on the Services?

Any information or content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such content originated, and you access all such information and content at your own risk, and we aren’t liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We can’t guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.

You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. You will keep all your registration information accurate and current. You are responsible for all your activity in connection with the Services.

The Services may contain links or connections to third party websites or services that are not owned or controlled by ETF. When you access third party websites or use third party services, you accept that there are risks in doing so, and that ETF is not responsible for such risks. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third party website or service that you visit or utilize.

ETF has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Services. In addition, ETF will not and cannot monitor, verify, censor or edit the content of any third party site or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third party website or service.

Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that ETF shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

If there is a dispute between participants on this site, or between users and any third party, you agree that ETF is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release ETF, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor."

Will ETF's services ever change?

ETF is always looking to improve upon and enhance our Services, thus the products and services we provide will inevitably change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We’ll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn’t always practical. Similarly, we reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.

The costs of using ETF

Many of the Services that ETF provides carry a fee, and we reserve the right to additionally charge for any future and additional services. We will notify you as additional Services are added, and if you wish to continue using such Services, you must pay all applicable fees for such Services.

Stopping use of ETF

You’re free to cancel your subscription at any time. You can also contact us at support@elitetraderfunding.com anytime with questions; please refer to our Privacy Policy as well and the licenses above, to understand how we treat information you provide to us after you have stopped using our Services. ETF is also free to terminate (or suspend access to) your use of the Services or your Account, for any reason in our discretion, including your breach of these Terms. ETF has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.

Account termination may result in destruction of any Content associated with your Account, so keep that in mind before you decide to terminate your Account. We will try to provide advance notice to you prior to our terminating your Account so that you are able to retrieve any important User Submissions you may have stored in your Account (to the extent allowed by law and these Terms), but we may not do so if we determine it would be impractical, illegal, not in the interest of an individual's safety or security, or otherwise harmful to the rights or property of ETF.

Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.

REWARDS PROGRAM

ETF trader rewards program is valid for any active user of our website. At any time, ETF reserves the right to cancel or modify the rewards program without notice in our sole and absolute discretion. In the event of a program cancellation, ETF does not owe any user for any points they have lost in this event. Any violation of ETF Terms of Service will result in a loss of all rewards points earned. In the event of Account cancellation by ETF or user will nullify all rewards points earned. ETF trader rewards points have no monetary value and cannot be redeemed for actual money.

MISCELLANEOUS

Mandatory 30-Day Login/Weekly Trading Policy. ETF requires all users of our Services to login to elitetraderfunding.com every thirty (30) calendar days to manage operational costs and maintain platform integrity. Your failure to login to your respective platform may result in your Account being closed and any accumulated profits or credits forfeit. ETF may choose to reactivate Accounts that are disabled as a result of your failure to login to your respective platform under very limited circumstances, such as illness or unexpected extended travel. We request that you reach out to our customer support team to make arrangements as soon as practicable in the event you anticipate being unable to login to your Account for an extended period. Reactivation of your Account may incur fees and special conditions, subject to the circumstances of the deactivation. Additionally, all Sim-funded Traders will be required to execute at a minimum of one (1) trade on ETF’s Services per calendar week. Should you be unable to trade in a particular calendar week, ETF requires you to reach out to ETF’s customer service to inform us of such. If you fail to make the minimum trade required in a week and you have not made arrangements with ETF’s customer service team, ETF may invalidate/close your Account and any payouts otherwise due to you will be voided.

Warranty Disclaimer. Neither ETF nor its licensors or suppliers makes any representations or warranties concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. Products and services purchased or offered (whether or not following such recommendations and suggestions) through the Services are provided “AS IS” and without any warranty of any kind from ETF or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product). THE SERVICES AND CONTENT ARE PROVIDED BY ETF (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OR ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ELITE TRADER FUNDING (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO ETF IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (III) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnity. To the fullest extent allowed by applicable law, You agree to indemnify and hold ETF, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your Account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your Account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder). This indemnification obligation shall survive termination of the Agreement.

Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Account, in any way (by operation of law or otherwise) without ETF's prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.

Choice of Law; Arbitration. These Terms are governed by and will be construed under the laws of the State of Delaware, United States, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in King County, Washington, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, King County, Washington, or the within the state of Washington. Any arbitration under this Agreement will take place on an individual basis: class arbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND ETF ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

Payouts/Withdrawals. ETF wishes to empower traders with knowledge and tools that allow them to make prudent investment decisions and build and invest according to long-term, consistent trading strategies. ETF is not a gambling website, nor is it the intention of ETF to empower those who treat trading as a gambling enterprise. Because of this, it is the policy of ETF that at the time of any withdrawal request from an Elite Account must not consist of an inordinate portion (the determination of which is at ETF's sole discretion) of that balance being derived from a single trading day. This policy is uniformly applied to all Traders using our Services, without exception.

Force Majeure. ETF shall not be liable or responsible to you or any other party, nor be deemed to have defaulted or breached these Terms or any other agreement between you and ETF related to the use of Services, for any failure or delay in fulfilling or performing Services under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of ETF or our service providers or vendors including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemic, lock-outs, strikes or other labor disputes (whether or not relating to either Party's workforce), or restraints or delay affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, or telecommunication breakdown or power outage.

Miscellaneous. You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that ETF may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and ETF agree that these Terms are the complete and exclusive statement of the mutual understanding between you and ETF, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of ETF, and you do not have any authority of any kind to bind ETF in any respect whatsoever. You and ETF agree there are no third party beneficiaries intended under these Terms.

Payout Eligibility/Terms:

1. Trading Day Requirement:
a. For the first and second payout cycles: A User is eligible for payout upon the completion of fifteen (15) individual trading days per cycle.
b. For the third payout cycle and subsequent payout cycles: A User is eligible for payout upon the completion of ten (10) individual trading days per cycle.

Payout Amounts:

a. Minimum Amount: The least sum eligible for withdrawal during any cycle is One Hundred Dollars ($100).
b. Maximum Amount: The maximum sum available for withdrawal in any given cycle is the maximum amount determined by the user's Aaccount size.

Payout Frequency:

a. Daily Payouts: Eligible users can request a payout on a daily basis.
b. Cycle Renewal: Should a user not claim the entire maximum amount within a given cycle, said unclaimed amount will be forfeited upon the initiation of the subsequent cycle.

Safety Net Requirements:

a. Traders must at all times maintain an Account balance greater than or equal to the minimum balance threshold (Safety Net) as specified in their Account Agreement to be eligible for payouts. Traders are permitted to withdraw funds from their Account, Traders must ensure that their Account balance meets or exceeds the required minimum threshold after the withdraw of funds to qualify for subsequent payouts. On any given payout, Trader will not be able to withdraw from their Safety Net and the Safety Net must remain at the level specified in your Account Agreement during a payout request. ETF reserves the right to deny payout requests that put a Trader’s Account below the minimum balance threshold, as well as deny future payouts until such time as the Trader’s Account meets the minimum balance requirements outlined in their Account Agreement (see Exhibits 1 and 2 in your Account Agreement for more information).

b. Traders must maintain an Account balance greater than or equal to the minimum balance threshold as specified in their Account Agreement in addition to actively trading for the required number of days per payout cycle, and engaging in normal trading behavior during such payout cycle. If Traders are denied three (3) or more payouts due to (a) failure to maintain their minimum Account balance, (b) failure to actively trade in the required number of days per payout cycle, or (c) engaging in abnormal trading behavior, ETF reserves the right to revoke your Account and deny the Trader any payout they would normally be entitled to. Non-compliance with the above standards wastes our resources and interferes with our ability to evaluate and promote traders to our LIVE ELITE program.

All payouts for Elite sim-funded Traders will be processed on Wednesday of every week. LIVE ELITE payouts will be processed daily.

Further, with regard to funds invested in Accounts of LIVE ELITE Traders, the initial balance, which represents the starting balance, is strictly designated for trading activity and cannot be withdrawn at any time.

For the purposes of the above paragraph, “Invested Funds” shall mean funds that have been carried over upon conversion from the simulated Account to the LIVE ELITE Account of Traders. “Excess Funds” shall mean any balance in the LIVE ELITE Account minus Invested Funds and Account Agreement minimum balances.

Refund Policy

All Sales are Final.

Please check the rates/subscription fees as there are no refunds once a trader has signed up and paid for a subscription.

Refunds and Disclaimer

No returns, refunds, or exchanges, partial or otherwise, for any reason. Once your order has been placed and your credit card billed or processed, there are no returns or credit. You may not return the product and demand a refund.

All our products are distributed and licensed on an ‘as is’ basis and there are no warranties, guarantees, or promises of any kind by ETF as to their performance, reliability or suitability to any given task. In no event shall ETF or ETF’s Services be liable for any loss of data or ANY DAMAGES OF ANY KIND, financial, physical, emotional or other, which might arise from its use. Federal or local law governs the use of ETF’s Services; it is the responsibility of the user to follow such applicable laws.

Any and all purchases that result in a charge-back will result in ETF immediately deactivating your membership and a revocation of any earnings you may otherwise be entitled to. Your username will be permanently banned in our database of authorized users.

In no event shall ETF be accountable for any or all financial losses or costs from the use of any of ETF’s Services. Any charge-back initiated by a User will be fully investigated and that User will no longer be able to purchase any items or Services from ETF. Any additional purchases will be refunded immediately. Please do not attempt to make any fraudulent purchases. If we receive any fraudulent charge-backs, we will immediately deactivate your membership/Account, revoke any earnings you would otherwise be entitled to, and prosecute to the fullest extent of the law.

FAILURE TO BE AWARE OF THIS POLICY DOES NOT QUALIFY YOU FOR A REFUND.

ETF’s Services are the property of ETF. The information contained in this website and its associated websites is provided as a service to our customers, and does not constitute legal or financial advice. We try to provide quality information, but we make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in, or linked to, this website and its associated sites unless otherwise expressly stated by us.

The term ‘information’ herein refers to indicators, strategies, manuals, data, communications, and any other associated products and/or material of ETF and/or ETF’s Services and products.

We make every effort to ensure that we accurately represent our products and Services. As with any business, your results may vary.

There are no guarantees concerning the results you may achieve or the level of success you may experience.

ETF reserves the right to remove, edit, move or close any thread for any reason. Further, ETF, reserves the right to cancel your membership or close an Account, and refuse to supply Services to any Trader, at any time, for any reason.

Should any conditions within these Terms conflict with your Account Agreement, these Terms shall control.

Delaware, USA
support@elitetraderfunding.com

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