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: December 30, 2022

Please read on to learn the rules and restrictions that govern your use of this website(s), 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. (“Elite Trader Funding”, “ETF”, “we” and “us”). You must agree to and accept all of the Terms, or you don’t have the right to use the Services. Your using the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. These Terms include the provisions in this document, as well as those in the Privacy Policy.

This is a community website that offers Performance Paid Trading Programs and Opportunities. You, as a website user assume all risk and liability should you elect to use any of these programs or engage in any of these opportunities.

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 Elite Trader Funding LLC and different companies and provide this information as a service to other users.

You, a website user, assume all risk and liability should you elect to use this website or use any of this material or programs.

ACCEPTANCE OF AND MODIFICATIONS TO THESE TERMS

We assume that all Users have read this document and agree to its content. If you do not agree with these Terms, you should refrain from using our Sites and Services.

These Terms may change from time to time. If we modify our Terms, we will notify you and post the revised statement here, with an updated revision date. If you do not agree to any changes to these Terms of Use after receipt of notice, you shall discontinue your use of the Sites or Services.

If you don’t agree with the new Terms and/or Services, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms or Services is effective, that means you agree to all of the changes.

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

CFTC REQUIRED DISCLAIMER

Commodity Futures Trading Commission Futures 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/Sell futures, stocks or options on the same. No representation is being made that any account will or is likely to achieve profits or losses similar to those discussed on this web site. The past performance of any trading system or methodology is not necessarily 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, SUPPORT AND TEXTS. OUR COURSE(S), PRODUCTS AND SERVICES 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 SHOULD 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 the current Elite Trader Funding 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.

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.

USING ELITE TRADER FUNDING LLC?

You may be required to sign up for an account and select a password and user name (“Elite Trader Funding User ID”). You agree to provide us with accurate, complete, and updated registration information about yourself. You may not select as your Elite Trader Funding 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. You may not transfer your account to anyone else without our prior written permission. You may not 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, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law.

You will not share your account or password with anyone, and you must protect the security of your account and your password. You’re responsible for any activity associated with your account.

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 a manner that:

(a) Infringes or violates the intellectual property rights or any other rights of anyone else (including Elite Trader Funding);
(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 Elite Trader Funding account or anyone else’s (such as allowing someone else to log in to the Services as you);
(e) Attempts, in any manner, 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 Content;
(j) Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services. Additionally, 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 ETF’s platform and any individual or group of users found to be engaging in wash sales or substantially similar tactics may be permanently banned from further use of the Services or access to ETF’s website, and/or their individual trading account, 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 not allowed.

A violation of any of the foregoing is grounds for termination of your right to use or access the Services.

My rights in Elite Trader Funding LLC?

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, and so forth (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 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 someone else’s (including Elite Trader Fundings) rights.

You understand that Elite Trader Funding LLC owns the Services. 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.

The Services may allow you to copy or download certain Content; please remember that just because this functionality exists, doesn’t mean that all the restrictions above don’t apply – they do!

Do I have to grant any licenses to Elite Trader Funding LLC 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, and to allow other users to enjoy them (where applicable), you grant us certain rights in those User Submissions. Please note that all of the following licenses are subject to our Privacy Policy to the extent they relate to User Submissions that are also your personally-identifiable information.

For all User Submissions, you hereby grant Elite Trader Funding a license to translate, modify (for technical purposes, for example making sure your content is viewable on an iPhone as well as a computer) and reproduce and otherwise act with respect to such User Submissions, in each case to enable us to operate the Services, as described in more detail below. This is a license only – your ownership in 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”), then you grant Elite Trader Funding 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 us (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 Elite Trader Funding 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 Elite Trader Funding 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 Elite Trader Funding business for any purpose, provided that Elite Trader Funding 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 Elite Trader Funding 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 Elite Trader Funding 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 Elite Trader Funding, 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 Elite Trader Funding, 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 Elite Trader Funding. When you access third party websites or use third party services, you accept that there are risks in doing so, and that Elite Trader Funding 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.

Elite Trader Funding 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, Elite Trader Funding 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 Elite Trader Funding 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 Elite Trader Funding is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Elite Trader Funding, 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 Elite Trader Funding services ever change?

They may 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 Elite Trader Funding

Elite Trader Funding products and products associated with Elite Trader Funding are the only products within Elite Trader Funding that currently 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 Elite Trader Funding?

You’re free to do that at any time, by cancelling your subscription. 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. Elite Trader Funding 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. Elite Trader Funding 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 someone’s safety or security, or otherwise harmful to the rights or property of Elite Trader Funding.

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

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

MISCELLANEOUS

Warranty Disclaimer. Neither Elite Trader Funding 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 Elite Trader Funding 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 Elite Trader Funding (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 Elite Trader Funding 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 Elite Trader Funding, 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).

Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Elite Trader Funding'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 New Castle County, Delaware, 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, New Castle County, Delaware, or the within the state of Delaware. 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 Elite Trader Funding 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, the total balance in the requesting traders’ Elite account must not consist of greater than forty (40) percent of the total balance being derived from a single trading day. This policy is uniformly applied to all Elite traders using our Services, without exception.

Trading major economic events. ETF's policy is that at the time of only the major news or economic events listed here, all Elite accounts must be flat 5 minutes before the event to 5 minutes after the event starts. Traders still in evaluation phase do not have this rule.

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 Elite Trader Funding 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 Elite Trader Funding agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Elite Trader Funding, 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 Elite Trader Funding, and you do not have any authority of any kind to bind Elite Trader Funding in any respect whatsoever. You and Elite Trader Funding agree there are no third party beneficiaries intended under these Terms.

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, as you were supplied intellectual property as well.

All our products are distributed and licensed on an ‘as is’ basis and there are no warranties, guarantees, or promises of any kind by Elite Trader Funding as to their performance, reliability or suitability to any given task. In no event shall Elite Trader Funding and Elite Trader Funding Products 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; it is the responsibility of the user to follow such laws.

Any and all purchases that result in a charge-back will result in Elite Trader Funding immediately deactivating your membership. Your username will be permanently banned in our database of authorized users.

In no event shall Elite Trader Funding be accountable for any or all financial losses or costs from the use of any of Elite Trader Funding Products. Any charge-back initiated by the customer will be investigated to the fullest extent and that customer will no longer be able to purchase any items from our company. 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 and prosecute to the fullest extent of the law.

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

Elite Trader Funding and Elite Trader Funding Products are the property of Elite Trader Funding LLC. 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.

The term ‘company’ or ‘us’ or ‘we’ refers to elitetraderfunding.com and owners or employees or affiliates of elitetraderfunding.com.

The term ‘you’ refers to the user or customer of elitetraderfunding.com. The term ‘information’ refers to indicators, strategies, manuals, data, communications, and any other associated products and material of Elite Trader Funding and/or Elite Trader Funding 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.

Elite Trader Funding reserves the right to remove, edit, move or close any thread for any reason. And, reserves the right to cancel a membership at any time for any reason.

Delaware, USA
support@elitetraderfunding.com

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