The Futures Desk - Proprietary Trading With Live Accounts

These Terms of Use outline the rules for using the websites and services ("Sites or Services") of The Futures Desk LLC and its affiliates ("The Futures Desk", "TFD", "we", or "us"). This applies to all account holders, users, and visitors ("you" or "User"), regardless of how you access the Sites or Services.

By using our Sites or Services, you agree to accept all of these Terms without any changes. These Terms create a legal agreement between you and The Futures Desk. If you're accepting on behalf of an organization, you confirm that you have the authority to do so.

Capitalized terms not defined here have the meanings given in our Privacy Policy, which is included as part of this agreement.

Notice to User

AGREEMENT TO TERMS.

BY REGISTERING FOR, ACCESSING, BROWSING, CREATING AN ACCOUNT, POSTING OR DOWNLOADING CONTENT, OR OTHERWISE USING THE FUTURES DESK SITES OR SERVICES OR ENTERING INTO ANY OTHER AGREEMENT WITH US, YOU, ON BEHALF OF YOURSELF AND ANY ENTITY YOU REPRESENT, HEREBY ACKNOWLEDGE THAT YOU HAVE READ, FULLY UNDERSTAND, AND AGREE TO BE LEGALLY BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS IN THEIR ENTIRETY, YOU ARE EXPRESSLY PROHIBITED FROM ACCESSING, BROWSING, OR OTHERWISE USING THE FUTURES DESK PRODUCTS AND CONTENT.

WAIVER OF CLASS ACTION RIGHTS.

FURTHERMORE, BY ENGAGING IN THE ABOVE ACTIVITIES, YOU EXPRESSLY ACKNOWLEDGE AND AGREE TO WAIVE, ON BEHALF OF YOURSELF AND ANY ENTITY YOU REPRESENT, ANY AND ALL RIGHTS TO PARTICIPATE OR COMMENCE IN A CLASS ACTION LAWSUIT, CLASS ARBITRATION, OR OTHER REPRESENTATIVE ACTION OR PROCEEDING AGAINST US WITH RESPECT TO ANY DISPUTES OR CLAIMS ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF SERVICE OR THE SERVICES PROVIDED. THIS WAIVER IS MADE KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY, AND CONSTITUTES A MATERIAL PART OF THE CONSIDERATION FOR YOUR USE OF THE FUTURES DESK SITES OR SERVICES.

Once you accept these Terms, they will remain in effect until terminated as outlined in this agreement. We may modify or change these Terms at any time, and such changes will be effective upon notice to you. This notice may be provided through various methods, including prominent messaging on the Sites or Services. We encourage you to regularly review the Terms of Use and Privacy Policy for any updates.

Account Security

We reserve the right, at our sole discretion, to suspend or terminate access to the Futures Desk Products and Content for any user who violates these Terms.

Prohibited Activities

You are strictly prohibited from engaging in any activities that may compromise the security of, or otherwise misuse, The Futures Desk Products and Content, or any associated system resources, services, or networks. Use of The Futures Desk Products and Content is limited to lawful purposes only, and any use contrary to or in violation of these Terms of Use is strictly forbidden.

Official Language

The official language of The Futures Desk is English. Any translations of these Terms of Use or other documents are provided for convenience and reference only. In the event of any conflict or inconsistency between the English language version and a translated version, the English language version shall control and prevail.

Definitions

Account: A user's registered profile with The Futures Desk, providing access to specific services or features, including the Intern and Assessment Desk.
Content: All information and materials found on The Futures Desk's websites or platforms, including services, products, text, images, and more.
Credit or Debit Card Information: Specific details associated with your card, such as card number, CVV code, expiration date, and billing information.
Data: Information generated by you and other users, individually or collectively, including all details related to trading activity.
Designated Agent: The Futures Desk's representative for receiving notifications of alleged copyright infringement.
Fee: The recurring payment required to maintain an active account.
Feedback: Your comments, opinions, suggestions, or other materials shared about the company's websites, platforms, or services.
Force Majeure Event: An event beyond our control that prevents us from fulfilling our obligations, such as strikes, government actions, or natural disasters.
Intellectual Property: All of The Futures Desk's websites, platforms, services, content, copyrights, trademarks, and other proprietary information.
Linked Website: An external website owned by a third party that is connected to The Futures Desk's website through links.
Marks: The collective term for The Futures Desk's trademarks, service marks, slogans, logos, trade dress, and other identifiers.
Orders: Requests for subscriptions or services placed through the Sites, Services, or a third party.
Personal Data: Any information connected to an identified or identifiable individual or information used for behavior profiling, if that person is identified.
Services: The Intern Desk, Assessment Desk, or other services offered by an affiliate of The Futures Desk.
Simulated Account: An account using real-time simulated data and any accounts related to tracking education courses. Trades in this account are not in live markets and don't involve real profits or losses.
Sites: The Futures Desk's websites, software, applications, online services, and products.
System: The integrated cloud computing solution used to provide The Futures Desk Services, including all applications, software, hardware, databases, interfaces, associated media, documentation, updates, new releases, and other related components.
Terms: The terms and conditions found in these Terms of Use, along with all other operating rules, policies (including our Privacy Policy and any future changes), and procedures that may be published or shared through The Futures Desk Services.
Third-Party Services: Products or services that are not controlled, maintained, or provided by The Futures Desk.
The Futures Desk: The Futures Desk LLC, a Delaware limited liability company.
The Futures Desk Parties: The Futures Desk, its parent companies, subsidiaries, affiliates, related companies, suppliers, licensors, partners, and their respective staff and representatives.
The Futures Desk Products and Content: The Website, Services, System, Content, and all other content, services, and/or products available on or through the Sites.

Contact Information

For any inquiries, comments, or requests for further information regarding The Futures Desk, please contact us at support@thefuturesdesk.com or by phone at +1 (833) 411-3375. By using our services, you acknowledge and consent to all communication from The Futures Desk or its affiliates regarding the Services being conducted through the email address you provide during registration. Electronic communication via email or the User Section shall be deemed equivalent to written communication for all purposes.

Services

The Intern Desk and Assessment Desk are simulated trading accounts designed to evaluate your performance. Based on your results, you may qualify for an opportunity to trade with The Futures Desk's capital or advance to other products or services we offer. These opportunities would be governed by separate agreements.

You can order our Services through the Website by completing the registration or order form. After registering, we'll email you login details for the Trader Dashboard and your Account, granting you access to the relevant Sites and Services.

Our Services may include products with different features based on your Account type (e.g., available analytical tools, software or indicators).

All data you provide during registration, through your Account, or otherwise must be complete, accurate, and current. You are responsible for promptly updating any changes to your data in your Account. The Futures Desk is not obligated to verify the accuracy of your data.

By providing an identification number, tax registration number, or similar information, or by identifying as a legal entity, you acknowledge that consumer protection provisions in these Terms or applicable laws may not apply to you.

The fee for the Intern Desk and Assessment Desk varies depending on the options you choose, the margin used, and whether you meet the program's conditions and objectives. The final fee is determined when you select your custom loadout. This fee covers your access to the Intern or Assessment Desk and any associated services or educational resources. Please note that fees are non-refundable, even if you cancel your account, request cancellation via email, discontinue using the Services before completion, fail to meet program conditions, or violate these Terms.

If you initiate an unjustified complaint or dispute the fee with your bank or payment service (e.g., through chargebacks), The Futures Desk may, at its sole discretion, cease providing you with any Services and refuse future service.

You can review, correct, or modify any data in your registration form before submitting your order. Once you submit the registration, you are placing a binding order for the Services. We will confirm receipt of your order via email. For the Intern or Assessment Desk, the order is considered complete upon payment of the fee for your chosen option, at which point a contract is formed between you and The Futures Desk for the provision of the selected program.

To use our Services, you understand that you need to have the necessary technical equipment and software, including third-party software, at your own expense and risk. While our Website works with most common web browsers, you are responsible for internet access, equipment purchases, and web browser acquisition and updates. The Futures Desk doesn't guarantee compatibility with specific equipment or software.

You acknowledge that trading platform operators are separate from The Futures Desk and have their own terms, conditions, and privacy policies that apply when you use their services and products. You must review these before using any Services.

To discourage gambling-like behavior, we may suspend your ability to order Services if you place an unusually large number of orders within a short timeframe (e.g., exceeding 3 resets in 24 hours or having multiple Intern or Assessment Desk accounts. If this behavior is linked to Prohibited Conduct, we may take actions, including terminating your access to our Sites and Services.

Educating users and fostering healthy trading habits is a core part of The Futures Desk's mission. We strive to create a safe environment for simulated trading and reserve the right to take any action necessary to prevent gambling behavior or other actions that conflict with our mission and values.

Eligibility

By using The Futures Desk LLC's Sites or Services, you confirm that you meet the minimum age requirement in your location, which is at least 18 years old. If you are under this age, you cannot use our Sites or Services, even with parental or guardian consent.

You also confirm that you have no felony convictions, related to financial crimes, disciplinary actions from the National Futures Association or the U.S. Commodity Futures Trading Commission, and no outstanding balances with trading firms. If any of these statements are untrue, you cannot use our Sites or Services.

You are solely responsible for ensuring your use of our Sites and Services complies with all applicable laws, rules, and regulations. If your use violates any of these, your access may be revoked. Our Sites and Services are for your personal use only and cannot be used by or for the benefit of any other party.

By using The Futures Desk's Products and Content, you represent and warrant that your use is legally permissible in your jurisdiction. If your jurisdiction prohibits entering into agreements like these Terms of Use or participating in activities or services offered by The Futures Desk, you may not use our Products and Content. You affirm that you have independently verified the legality of your use within your jurisdiction.

The Futures Desk makes no representation that our Products and Content are appropriate or available for use in all locations. Accessing our Products and Content is at your own initiative and risk, and you are responsible for complying with all applicable local laws.

The Futures Desk reserves the right to limit the availability of our Products, Content, or other offered items to any person, geographic area, or jurisdiction, at any time and in our sole discretion. We also reserve the right to limit the quantity of any such services, materials, or items provided.

YOU ARE PROHIBITED FROM ACCESSING THE FUTURES DESK'S PRODUCTS AND CONTENT WITHOUT PRIOR WRITTEN CONSENT FOR ANY OF THE FOLLOWING PURPOSES: USING THEM FOR PRODUCTION PURPOSES, IF YOU ARE A COMPETITOR OF THE FUTURES DESK, TO MONITOR THE AVAILABILITY, PERFORMANCE, OR FUNCTIONALITY OF THE FUTURES DESK SITES OR SERVICES, OR FOR ANY BENCHMARKING OR COMPETITIVE PURPOSES.

Not a Broker-Dealer

You expressly acknowledge and agree that The Futures Desk LLC is not a broker-dealer as defined under United States financial services regulations. We do not engage in the trading of securities on behalf of ourselves or others through our Sites or Services. Furthermore, The Futures Desk LLC does not directly provide any financial advice through our Sites or Services.

You acknowledge and agree that The Futures Desk LLC shall not be held liable for any financial losses or gains that may result from your reliance on information provided through our Sites or Services, or from your interactions with other Users. Any decisions you make based on information obtained through our platform are solely your responsibility.

Use of Information on Our Sites or Services

The Futures Desk LLC provides financial and market information through its Sites or Services for informational and entertainment purposes only. This information is not guaranteed to be accurate, complete, timely, or useful, and has not been independently verified. Any reliance you place on this information is strictly at your own risk, and The Futures Desk LLC disclaims all liability arising from any actions taken based on this information.

The information provided is not tailored to individual investment objectives, financial situations, or means. It should not be considered investment advice and is not designed to address your specific financial needs. Many investments discussed on our Sites or Services carry significant risks, and our discussion of these risks should not be considered exhaustive. We strongly recommend consulting with your financial advisors to determine the suitability of any investment for your particular circumstances before making any investment decisions. You acknowledge and agree that you are solely responsible for your investment choices and should not rely solely on the information provided.

The information and materials on the Sites or Services do not constitute an offer to buy or sell, nor a solicitation of an offer to buy or sell, any security, financial product, or instrument, or to participate in any specific trading strategy.

We strive to maintain the functionality of our Sites or Services, but we cannot guarantee their flawless operation. We are not liable for any defects, failures, or damages (including lost profits or consequential damages) arising from the use of our Sites or Services, their content, or any associated widgets or applications. This applies even if we have been informed of the possibility of such damages. The Sites or Services may become inaccessible or inoperable due to various reasons, including equipment malfunctions, scheduled maintenance or repairs, or unforeseen events beyond TFD's control.

Our Sites or Services may include content from third parties, such as other users, company owners, bloggers, licensors, syndicators, aggregators, or reporting services. Any opinions or statements in these materials, including articles, responses, or other content not provided by us, are solely those of the person or entity responsible and do not necessarily reflect our views or have been verified by us. This information may become outdated, and we are not obligated to update it. We are not responsible or liable to you or any third party for the accuracy or content of any third-party materials, whether on our Sites or Services or elsewhere.

Links to other sites or resources provided by third parties on our Sites or Services are for your convenience only. This includes links in advertisements, banners, and sponsored links. We have no control over or responsibility for the content of those sites or resources, nor for any loss or damage resulting from your use of them. Accessing any linked third-party websites is entirely at your own risk and subject to their terms of use. We encourage you to review the privacy policy of each website, application, and service you visit, use, or interact with.

The Futures Desk LLC does not promote any financial instruments on its Sites or Services and receives no compensation from companies whose financial instruments appear there. We are not responsible for User Content and have no obligation to pre-screen or monitor it. We reserve the right to delete or edit User Content at our sole discretion, at any time, and without notice, based on third-party notification or flagging.

The Sites and Services are not investment services and shall not be construed as such. No guidance, instructions, or information on how to conduct transactions through the Sites or Services are offered, nor is any such guidance or information from you accepted. The Sites or Services do not constitute investment advice or recommendations. No employee, staff member, or representative is authorized to provide investment advice or recommendations. Any information or statements interpreted as investment advice are explicitly disclaimed and the company shall not be held responsible for them.

All content on the Sites and Services is provided "as is," with no warranties regarding its nature, accuracy, timeliness, or suitability for any purpose. No representations or guarantees, express, implied, statutory, or otherwise, including implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement, are made. Any warranties regarding availability, quality, accuracy, or any arising by operation of law, course of dealing, or usage in trade are also disclaimed.

Commodity Futures Trading Commission (CFTC) Disclaimer

IN COMPLIANCE WITH COMMODITY FUTURES TRADING COMMISSION (CFTC) RULE 4.41, WE EMPHASIZE THAT ANY HYPOTHETICAL OR SIMULATED PERFORMANCE RESULTS PRESENTED ON OUR SITES OR SERVICES ARE INHERENTLY LIMITED. THESE RESULTS DO NOT REPRESENT ACTUAL TRADING AND SHOULD NOT BE INTERPRETED AS INDICATIVE OF FUTURE PERFORMANCE OR SUCCESS.

DUE TO THE SIMULATED NATURE OF THESE RESULTS, THEY MAY UNDERSTATE OR OVERSTATE THE IMPACT OF VARIOUS MARKET FACTORS, SUCH AS LACK OF LIQUIDITY. ADDITIONALLY, HYPOTHETICAL TRADING PROGRAMS ARE OFTEN DESIGNED WITH THE BENEFIT OF HINDSIGHT, WHICH CAN FURTHER SKEW THE RESULTS.

THEREFORE, WE MAKE NO REPRESENTATION THAT ANY USER WILL OR IS LIKELY TO ACHIEVE PROFITS OR LOSSES SIMILAR TO THOSE SHOWN IN ANY HYPOTHETICAL PERFORMANCE RESULTS. IT IS CRUCIAL TO UNDERSTAND THAT PAST SIMULATED PERFORMANCE IS NOT NECESSARILY INDICATIVE OF FUTURE RESULTS.

The Sites and Services provide access to tools for simulated exchange trading and other financial market instruments, along with analytical tools, training materials, and other ancillary services. While financial market information is used in this simulation, you acknowledge that any trading you perform in Intern or Assessment Desk are not real. The funds provided for simulated trading are entirely fictitious. You have no ownership rights to these funds beyond their use within the Sites and Services. They cannot be used for actual trading, and you are not entitled to any payment based on them. Unless explicitly stated otherwise, you will not receive any payment or profits from your simulated trading performance, nor will you be liable for any simulated losses. This environment is purely for educational and practice purposes.

User Section

Except as specifically permitted upon successful completion of the Intern or Assessment Desk stages, you are strictly prohibited from transferring, sharing, or consolidating any data associated with your Account. This includes, but is not limited to, performance metrics, service configurations, personal information, and any other data generated or stored within your Account, across different products offered by The Futures Desk or with any other User.

Your Account is secured by unique login credentials, which you are solely responsible for safeguarding. You are expressly forbidden from disclosing, sharing, or otherwise making these credentials accessible to any third party. In the case of accounts registered under a legal entity, authorized employees and representatives of that entity may utilize the Sites and Services, however, the registered User remains ultimately accountable for all activities conducted through their Account.

The Futures Desk shall not be held liable, and the User shall not be entitled to any form of compensation, for any unauthorized or improper utilization of any aspect of the Sites and Services. This includes, but is not limited to, any misuse leading to negative repercussions for the User or any third parties. The User assumes full responsibility for the consequences of their actions within the Sites and Services.

The User acknowledges and accepts that the continuous availability of the Sites and Services is not guaranteed. The Futures Desk reserves the right to temporarily suspend access to the Sites and Services for maintenance, upgrades, or other operational reasons. The Futures Desk shall not be held liable for any damages, losses, or inconveniences arising from such unavailability. Furthermore, The Futures Desk shall not be responsible for any damage, corruption, or loss of any Data or other content that the User uploads, transmits, or stores on the Sites and Services.

You may terminate your Account at any time by contacting Support@TheFuturesDesk.com or by using the Trader Dashboard cancel account button. Upon receipt of your termination request, The Futures Desk will confirm termination via email. Your contractual relationship with The Futures Desk (TFD) will terminate on the date of the confirmation email.

All fees paid to The Futures Desk are final, non-cancellable, and non-refundable. You will not be entitled to any refund of any fees or costs upon termination of your Account.

While using the Intern or Assessment Desk, you are allowed to engage in simulated trading except for actions defined as Prohibited Conduct. You agree to adhere to standard market practices and rules for trading on financial markets, including risk management rules, and understand that additional restrictions may apply based on your selected trading conditions. You acknowledge that The Futures Desk can access your trading information and has the right to share this data with its affiliates and use it for legitimate business purposes. This may be done automatically without requiring your consent, consultation, or approval, and you are not entitled to any compensation for this data usage. The Futures Desk is not responsible for the information displayed on the Sites or Services, nor for any interruptions, delays, or inaccuracies in market information displayed in your Account. You agree to consistently apply market standard risk management rules while using the Sites and Services, and understand that opening significantly larger or smaller position sizes compared to your usual trading patterns does not meet these standards.

Intern Desk and Assessment Desk

Upon successfully configuring your personalized loadout for either the Intern Desk or Assessment Desk, you will receive the necessary login credentials at the email address you provided. To maintain active access, please ensure you activate your chosen desk within 30 calendar days of its availability. Failure to do so will result in the temporary suspension of your access.

Should your access be suspended, you may request its renewal within three months of the initial suspension date. This can be done either through the User Section of our platform or by contacting our dedicated Support team at Support@TheFuturesDesk.com. If no renewal request is made within this three-month window, your access will be terminated, and any associated fees will not be refunded.

Successful graduation from either the Intern Desk or Assessment Desk is contingent upon meeting all specified profit targets. These targets must be achieved in strict adherence to the Trading Rules and account parameters that govern your account. Please note that these rules and parameters may be subject to periodic adjustments or changes, without prior notice. We encourage you to regularly review the most up-to-date schedule of Trading Rules and account parameters, which can be found on our dedicated rules page.

If, during your participation in the Intern or Assessment Desk, you fail to meet any of the aforementioned conditions, your performance will be deemed unsuccessful, and no refund will be issued. Should you wish to continue Simulated Trading under these circumstances, you will need to reset your account and establish a new Simulated Account, subject to the prevailing rates at that time.

Upon successful graduation from the Intern or Assessment Desk, you may be offered the opportunity, at the sole discretion of The Futures Desk, to receive funded trading capital from The Futures Desk LLC, or Evolved Capital. Any such funding arrangement will be governed by a separate or supplemental written agreement.

Third-Party Services

Our Sites or Services may contain references or links to third-party services ("Third-Party Services"). Please be advised that these Terms of Use do not govern your use of any Third-Party Services. We strongly encourage you to carefully review the terms and conditions of each website, application, or service you access through our platform.

You are solely responsible for conducting your own due diligence and determining whether any Third-Party Service is suitable for your needs and purposes. The Futures Desk disclaims any liability for any injury, harm, damages, losses, or negative experiences you may incur as a result of accessing or using any Third-Party Service. Your use of any Third-Party Service accessed through our Sites or Services is entirely at your own risk.

Disclaimer of Warranties

THE FUTURES DESK EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, WITH RESPECT TO THE FUTURES DESK PRODUCTS AND CONTENT INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE FUTURES DESK DOES NOT WARRANT OR REPRESENT THAT THE FUNCTIONS OR OPERATIONS OF THE FUTURES DESK SITES OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE FUTURES DESK SITES OR SERVICES, ITS SERVERS, OR ANY E-MAIL SENT FROM THE FUTURES DESK ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

THE FUTURES DESK DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE SITES OR SERVICES ARE LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, THE FUTURES DESK SPECIFICALLY DISCLAIMS SUCH WARRANTIES. BY USING THE SITES OR SERVICES, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SITES OR SERVICES.

YOU ACKNOWLEDGE THAT THE SITES AND SERVICES, AND OTHER CONTENT ARE PROVIDED "AS IS" WITH ALL THEIR ERRORS, DEFECTS AND SHORTCOMINGS AND THAT THEIR USE IS AT YOUR SOLE RESPONSIBILITY AND RISK.

WITHOUT LIMITING THE ABOVE, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE FUTURES DESK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY WITH REGARD TO ANY LINKED WEBSITE. THE FUTURES DESK DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED WEBSITE.

THE INFORMATION, PRODUCTS, SOFTWARE OR SERVICE DESCRIPTIONS PUBLISHED ON OUR SITES, SERVICES, OR ON A LINKED WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. THE FUTURES DESK DISCLAIMS LIABILITY FOR SUCH ERRORS AND DOES NOT WARRANT OR REPRESENT THAT THE CONTENT ON OUR SITES, SERVICES, OR A LINKED WEBSITE IS UPDATED OR COMPLETE. THE FUTURES DESK HAS NO OBLIGATION TO UPDATE ANY CONTENT ON OUR SITES OR SERVICES AND MAY CHANGE OR IMPROVE OUR SITES OR SERVICES AT ANY TIME WITHOUT NOTICE.

WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE THROUGH OUR SITES OR SERVICES BY ANY PARTY OTHER THAN US.

Limitation of Liabilities

IN NO EVENT SHALL THE FUTURES DESK, ITS PARENT COMPANIES, SUBSIDIARIES, PARTNERS, AFFILIATES, OR THEIR RESPECTIVE SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST OR CORRUPTED DATA, LOST OPPORTUNITY, MONETARY HARM, OR PROPERTY DAMAGE. THIS LIMITATION APPLIES EVEN IF YOU OR ANY OTHER PERSON HAS NOTIFIED US OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIMS BY THIRD PARTIES ARISING FROM OR RELATED TO THE ACCESS, USE, OR CONTENT OF OUR SITES OR SERVICES, OR ANY LINKED WEBSITE, OR RELIANCE ON ANY TOOL, FUNCTIONALITY, INFORMATION, OR OTHER CONTENT AVAILABLE IN CONNECTION WITH THE SITES OR SERVICES, REGARDLESS OF THE LEGAL THEORY UNDER WHICH SUCH CLAIMS ARE BROUGHT.

BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITES OR SERVICES, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES AND/OR SERVICES.

The Futures Desk reserves the right, at its sole discretion, to modify, change, replace, add, or remove any elements or functions of the Sites and/or Services at any time, without prior notice or compensation to you.

While we strive to provide uninterrupted access, The Futures Desk shall not be held responsible for any failure to provide the Sites and/or Services if such failure arises from technical or operational issues beyond our reasonable control. This includes, but is not limited to, Force Majeure events (such as natural disasters, war, or governmental actions) or any legal obligations or decisions imposed by public authorities that prevent us from providing the Sites and/or Services.

THE FUTURES DESK SHALL NOT BE LIABLE FOR ANY PRODUCTS, SERVICES, APPLICATIONS, OR OTHER THIRD-PARTY CONTENT THAT YOU USE IN CONNECTION WITH THE SITES OR SERVICES.

IN NO EVENT SHALL THE FUTURES DESK'S LIABILITY FOR ANY CLAIM OF ANY KIND, WHETHER BASED IN CONTRACT, WARRANTY, TORT, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF, CONNECTED WITH, OR RESULTING FROM THESE TERMS OR THE PERFORMANCE OR BREACH THEREOF, OR ANY PRODUCT OR SERVICE OR THE USE OR PERFORMANCE THEREOF, EXCEED THE GREATER OF (A) THE AMOUNT PAID BY YOU TO THE FUTURES DESK IN THE IMMEDIATELY PRECEDING MONTH FOR THE FUTURES DESK'S PRODUCTS OR SERVICES OR (B) $100.00.

BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE FUTURES DESK'S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

THIS LIMITATION OF LIABILITY SHALL APPLY TO ANY AND ALL DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES ARISING FROM THE TRANSMISSION OF VIRUSES THAT INFECT YOUR EQUIPMENT, MECHANICAL OR ELECTRONIC EQUIPMENT FAILURE, FAILURE OF COMMUNICATION LINES, TELEPHONE, OR OTHER INTERCONNECTS, UNAUTHORIZED ACCESS, THEFT, OPERATIONAL ERRORS, OR ANY FORCE MAJEURE EVENT.

Credit Card and Other Financial Information

Certain The Futures Desk Sites allow Users to place Orders. By placing an Order, you agree to pay The Futures Desk the purchase price as specified on the "Order Summary" page or similar ordering interface. The Futures Desk, its third-party affiliates, and/or service providers may engage third-party payment processors to handle credit cards and other payment methods. Your purchase is subject to the terms and conditions of these payment processors, in addition to these Terms. The purchase price, along with any applicable fees or taxes (including VAT), will be charged to your selected payment method upon Order submission.

By purchasing an Order or other service through the Futures Desk Sites or Services, you acknowledge that The Futures Desk will provide access to the requested service. Participation in, or non-use of, a purchased service does not entitle you to a refund.

Prices and product availability are subject to change without notice. The Futures Desk will correct any discovered errors and reserves the right to revoke any offer and rectify errors, inaccuracies, or omissions, even after an Order has been submitted, regardless of Order confirmation or payment processing status. If your payment has been processed for a revoked Order, The Futures Desk will issue a credit within a reasonable timeframe.

Service charges include all applicable taxes. However, users are responsible for any additional tax obligations arising from their use of our Services, as required by law.

The Futures Desk accepts payments via credit and debit cards through our Sites or Services, utilizing third-party payment processors to securely process these transactions. When providing credit or debit card information, you will be directed to a secure page where this sensitive data will be encrypted. By providing such information, you represent and warrant that you are an authorized user of the credit or debit card, or any other payment method used to pay for products or services purchased through our Sites or Services.

Should you be directed to a third-party website to complete a purchase, your transaction will be governed by the terms and conditions of that third-party website. The Futures Desk is not responsible for the terms, conditions, or privacy practices of any third-party website.

If you choose to provide credit or debit card information, personal data, or financial information to any third-party service provider or linked website, you do so entirely at your own risk and discretion. We strongly advise you to carefully review the terms, conditions, and privacy policies of any third party before disclosing such information. The Futures Desk shall not be held liable for any consequences arising from your provision of such information to third parties, nor for the subsequent use of that information by those third parties.

Promo Code Usage

At its sole discretion, The Futures Desk may occasionally offer promotional codes ("Promo Codes") to select users. Each Promo Code is unique, intended for single use by the recipient or authorized individual only, and may be subject to specific terms and conditions as communicated by The Futures Desk. Unless otherwise stated, Promo Codes and any associated discounts cannot be transferred, shared, or used multiple times.

Any unauthorized use of a Promo Code, including but not limited to sharing, transferring, or attempting to redeem it multiple times, is strictly prohibited and may result in the invalidation of the Promo Code and any associated benefits. Promo Codes are intended for your personal use only and cannot be used for commercial purposes or in conjunction with any other offer unless explicitly authorized by The Futures Desk.

Any attempt to abuse, misuse, or manipulate The Futures Desk's promotional code system is strictly prohibited. Promo Codes hold no intrinsic monetary value and are non-redeemable for cash or cash equivalents. To qualify for a Promo Code, you may be required to provide certain information as outlined in our Privacy Policy. Furthermore, certain Promo Codes may be exclusively available to specific users, such as those who have created a TFD Trader profile or account. The use of all Promo Codes, including any associated discounts, is subject to these Terms of Service and any additional terms and conditions that may be communicated by The Futures Desk LLC.

You are strictly prohibited from, and agree not to engage in, any of the following activities, either directly or through a third party:

Using any promo code in an unauthorized or unethical manner.
Using any promo code or applicable discount more than once, for multiple purposes, or to obtain free services.
Using any promo code under an account other than your own personal account.
Sharing any promo code with a third party, including but not limited to other users, the public, or through social media channels or profiles.
Selling promo codes or attempting to commercially exploit promo codes on behalf of yourself or a third party.
Purchasing promo codes from third parties.
Trading promo codes with other individuals or entities.
Exploiting any loopholes or vulnerabilities in the promo code system.
Copying promo codes for multiple purposes or to use across multiple accounts.

The Futures Desk's Privacy Policy governs the provision of promotional codes ("Promo Codes"). Additional restrictions may apply, and these may vary depending on the specific Promo Code offer. Please review the details of each offer carefully, as the terms and restrictions may differ. The Futures Desk reserves the right to modify, suspend, impose conditions on, or cancel Promo Code offers at any time and without prior notice. In the event of a conflict between the terms specific to a Promo Code and these Terms of Use, the Promo Code terms shall prevail.

Promo Codes will be delivered or made available to you through various channels provided by The Futures Desk, including but not limited to email, live chat, telephone or text promotions, Trader Dashboard, or the Coaching Portal.

Linking Policies for The Futures Desk

You are permitted to create links to our Sites or Services, subject to the following conditions:

(a) All links must be established in a fair and legal manner, complying with all applicable laws, rules, and regulations. The linked content must not damage or tarnish the reputation of The Futures Desk LLC.
(b) You are prohibited from establishing any link that suggests an association, approval, or endorsement by The Futures Desk without obtaining our express written consent.

The Futures Desk reserves the right, at its sole discretion, to revoke your permission to link to our Sites or Services at any time and for any reason.

Membership Areas and Login Security

Certain features of the Sites or Services are restricted to registered users who have created an Account. Upon registration, you will be issued unique User Credentials for your Account, using OAuth (i.e. Google), magic email link, or text message verification. You represent and warrant that all information provided during the registration process is truthful and accurate, and you agree to update this information promptly to maintain its accuracy. This includes providing a valid email address and telephone number.

By registering for an Account, you consent to the collection and use of your information as outlined in our Privacy Policy. You agree that all information you provide, whether during registration or through interactive features on our Sites or Services, is subject to our Privacy Policy. You may update your personal information through your Account settings or by contacting us at Support@TheFuturesDesk.com.

You are solely responsible for maintaining the confidentiality of your User Credentials and will be held liable for any access or use of the Sites or Services through your Account, whether authorized or unauthorized. Access to your Account is restricted to you as the registered user, and you are not permitted to sell, transfer, assign, or share your Account with any other party.

The Futures Desk reserves the right to suspend or terminate your Account, along with any subsequently created accounts, if we determine, at our sole discretion, that you have opened multiple Accounts. You are responsible for all activity on your Account, and any breach of the single-account requirement that constitutes Prohibited Conduct as defined in these Terms of Service may result in additional consequences.

In the event of any unauthorized use of your Account or any other security breach, you are obligated to notify The Futures Desk immediately.

You acknowledge and agree that The Futures Desk is authorized to act on all instructions received through your Account. The Futures Desk may, without prior notice, deny access or block any transaction made through your Account if we suspect that it is being used by someone other than the registered User or for any other reason, but we are not obligated to do so.

The Futures Desk reserves the right to refuse to grant User Credentials to any individual for any reason, including but not limited to impersonation, violation of trademark or proprietary rights, or use of vulgar or offensive language. The Futures Desk shall not be liable for any loss or damage arising from your failure to comply with this section.

User-Generated Content Guidelines and Responsibilities

By submitting User Content on our Sites or Services, you agree to abide by these Terms of Use. You are strictly prohibited from submitting any User Content that is illegal, indecent, or profane, whether directly or indirectly through partially obscured words, letters, phrases, terminology, photographs, avatars, or similar means. Additionally, you must not submit User Content that is threatening, defamatory, derogatory, or otherwise injurious to The Futures Desk, its affiliates, or any third parties.

Furthermore, you may not submit User Content that constitutes commercial solicitation or advertising, unless explicitly pre-approved in writing by The Futures Desk. This includes unsolicited electronic mass mailings. User Content must not be abusive or harassing towards any individual or entity. You are expressly prohibited from submitting any materials that contain or purport to contain the Personal Data of others, including but not limited to full names, postal addresses, email addresses, telephone numbers, or any other personal attribute that could constitute an invasion of privacy. User Content must not be obscene, objectionable, offensive, tortious, deceptive, fraudulent, or in any way invasive of another's privacy or publicity rights.

The Futures Desk does not guarantee the absolute privacy of any User Content submitted through our Sites or Services, even if such content is entered into a password-protected area. Therefore, you should exercise discretion in the types of information you choose to share as User Content, particularly if you desire to maintain its confidentiality.

You are solely responsible for all User Content that you enter, submit, create, post, upload, transmit, or otherwise provide through or in connection with the Sites or Services. By providing User Content, you acknowledge that it is done at your own risk, and we cannot guarantee that unauthorized individuals will not view it.

Furthermore, even after the removal of User Content, copies may persist in cached or archived pages, or may have been copied or stored by internet archives or other users or visitors. The Futures Desk, at its sole discretion, may make User Content available, including publicly available, to other users and visitors of the Sites and Services.

Additional User Content Requirements

User Content must not contain any malicious software, including but not limited to viruses, worms, spyware, Trojan horses, or other code designed to disrupt, damage, or limit the functionality of computer systems or telecommunications equipment.

Additionally, User Content must not infringe upon the copyright, trademark, or other intellectual property rights of any person or entity. It must not contain privileged, confidential, proprietary, or trade-secret information of any individual or entity, nor any information that may violate the legal rights of any person or entity in any jurisdiction.

You will not impersonate any other individual or entity, nor will you engage in any conduct that could mislead others regarding the origin or nature of your User Content. You will disclose any potential conflicts of interest, including ownership interests, business relationships, employment, or financial relationships with any company or financial instrument mentioned in your User Content.

You will not submit User Content with the intent to artificially influence the price of any financial instrument, nor will you engage in trading based on such artificial manipulation. If you intend to purchase or sell a specific stock or financial instrument within 72 hours of submitting User Content related to that instrument, your User Content must include a clear disclosure of this intent.

Your User Content will comply with all applicable local, state, national, and international laws, including but not limited to regulations promulgated by the U.S. Securities and Exchange Commission, the U.S. Commodity Futures Trading Commission, and other relevant securities laws and exchange rules. You further warrant that your User Content will not constitute illegal activity, create civil liability, or infringe upon the contractual, personal, intellectual property, privacy, or other rights of any third party.

User Content Licensing Agreement

By submitting User Content, you grant The Futures Desk a comprehensive, irrevocable, worldwide, non-exclusive, royalty-free, and fully paid-up license (the "License") to utilize such User Content. This License encompasses the right to host, store, maintain, use, reproduce, distribute, display, publish, modify, create derivative works from, and otherwise exploit all or any portion of your User Content in any form or format. The Futures Desk may exercise these rights for any purpose whatsoever, without any obligation for accounting, notification, attribution, or other consideration to you. Additionally, The Futures Desk is granted the right to sublicense and authorize others to exercise any of the rights granted under this License, at its sole discretion. This License is effective immediately upon submission of User Content and shall continue in perpetuity. Please be advised that any information you wish to remain private should not be submitted as User Content.

User Content Warranties

Ownership and Authorization: You possess all necessary rights, title, and interest in and to the User Content, including the full authority to grant The Futures Desk the License described herein.

No Third-Party Restrictions: The use of your User Content by The Futures Desk, as permitted under this License, will not require any additional licenses, royalties, permissions, or consents from any third party.

Non-Infringement: Your User Content does not and will not infringe upon any third party's rights, including but not limited to intellectual property rights (such as copyrights, trademarks, and patents) and privacy rights.

Legal Compliance: Your User Content is in full compliance with these Terms of Use and all applicable laws, regulations, and statutes.

Trademarks, Copyrights, and Proprietary Information

The Futures Desk Sites or Services, including their entire contents, features, and functionality (encompassing all information, software, text, displays, images, video, audio, and the design, selection, and arrangement thereof), are the exclusive property of The Futures Desk, its licensors, or other providers of such material. These intellectual property assets are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws and treaties. You are strictly prohibited from challenging or disputing the ownership or rights in The Futures Desk's Sites or Services or any component thereof.

The Futures Desk grants you a personal, non-exclusive, non-transferable, non-sublicensable, non-assignable, limited, and revocable right to access, use, display, and navigate our Sites and Services solely for your own personal, non-commercial, and non-public use. This limited license does not permit you to reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of our material, except as necessary for your personal, non-commercial, and non-public use. You are expressly prohibited from accessing or using any part of our Sites or Services for any commercial purposes.

Should you print, copy, modify, download, or otherwise use or provide any other person with access to any part of our Sites or Services in violation of these Terms, your right to use The Futures Desk Sites and Services will be immediately terminated. You must, at our discretion, either return or destroy any copies of the materials you have made. This limited license does not transfer any right, title, or interest in or to our Sites or Services or any content contained therein to you. All rights not expressly granted herein are reserved by The Futures Desk.

Additional Intellectual Property Restrictions

Any use of our Sites or Services that is not explicitly permitted by these Terms constitutes a breach of these Terms and may violate copyright, trademark, trade secret, or other applicable laws.

The Marks displayed on our Sites and Services, unless otherwise indicated, are the exclusive property of The Futures Desk, and all rights not expressly granted herein are reserved. You are prohibited from using, removing, or altering any Marks for any purpose, including but not limited to use on other materials, presentations, domain names, or metatags, without our prior written consent.

Except as expressly authorized above, you may not reproduce, alter, remove, transmit, publish, or distribute any Intellectual Property displayed on The Futures Desk Sites or Services or in any Content, whether electronically, mechanically, by photocopy, recording, or otherwise, without obtaining prior written permission from The Futures Desk. The use of The Futures Desk trademarks as metatags on any third-party site is strictly forbidden. Co-branding our Sites, framing our Sites or Content via in-line links, or any other form of unauthorized association with our intellectual property is prohibited without prior written consent from The Futures Desk. You agree to cooperate fully with The Futures Desk to ensure the immediate cessation of any such unauthorized activities.

You may not remove, modify, or alter any copyright, trademark, or patent notice from any product or service provided by The Futures Desk. Further, you agree to refrain from any action that could interfere with or diminish our right, title, or interest in our Intellectual Property.

Digital Millennium Copyright Act (DMCA) Notice and Procedure

In accordance with the Digital Millennium Copyright Act (DMCA), The Futures Desk has implemented the following policy and procedures to address claims of copyright infringement on our Sites or Services (found at http://lcweb.loc.gov/copyright/legislation/dmca.pdf)

If you believe that any content or material available through our platform infringes upon your copyright, please submit a written notification ("DMCA Notice") to our Designated Agent. The contact information for our Designated Agent can be found in Section 2 of these Terms of Use.

DMCA Notice Requirements

Your DMCA Notice must include the following information:

A physical or electronic signature of the person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works are covered by a single notification, a representative list of such works.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity, along with information reasonably sufficient to permit The Futures Desk to locate the material.
Your contact information, including your name, address, telephone number, and, if available, email address.
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The Futures Desk will take appropriate action upon receipt of a valid DMCA Notice, including removal or disabling of access to the allegedly infringing material.

Termination of Free Services and Account Access

Users may unsubscribe from any free service publications at any time by following the "unsubscribe" link included in each email or by contacting The Futures Desk directly.

The Futures Desk reserves the right, at its sole discretion, to refuse or terminate your access to any of The Futures Desk Sites or Services, with or without cause. Such termination may be triggered by, but is not limited to, violations of these Terms or other referenced agreements, unauthorized use or reproduction of content, or any other reason deemed appropriate by The Futures Desk. In the event of termination, you agree not to attempt to create a new account under any name, real or assumed.

Upon termination, certain provisions of these Terms will continue to apply, including but not limited to provisions related to ownership, warranty disclaimers, indemnities, and limitations of liability.

Dispute Resolution and Enforcement

PLEASE READ THIS SECTION CAREFULLY. UNLESS PROHIBITED BY APPLICABLE LAW, THIS SECTION REQUIRES YOU TO RESOLVE DISPUTES WITH THE FUTURES DESK THROUGH BINDING ARBITRATION INSTEAD OF IN COURT. IT ALSO WAIVES YOUR RIGHT TO A JURY TRIAL.

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware and the United States of America, without regard to principles of conflicts of law.

You irrevocably consent to the exclusive jurisdiction and venue of the state and federal courts located in the State of Delaware, for any action or proceeding arising out of or relating to these Terms or their subject matter. You hereby waive any objection to personal jurisdiction, place of residence, improper venue, or forum non conveniens in any such action or proceeding.

Arbitration

Notwithstanding the foregoing, any dispute, claim, or controversy arising out of or relating to these Terms, or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be resolved exclusively through final and binding arbitration in the State of Delaware before a single arbitrator. The arbitration shall be administered by JAMS (Judicial Arbitration and Mediation Services) in accordance with its Comprehensive Arbitration Rules and Procedures, utilizing the Expedited Procedures set forth therein. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The parties shall equally share the costs of arbitration.

Provisional Remedies and Attorneys' Fees

Nothing in this section shall preclude either party from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. In the event of litigation or arbitration concerning the subject matter of these Terms, the prevailing party shall be entitled to recover all reasonable costs and expenses incurred, including attorneys' fees.

Waiver of Class Action and Representative Proceedings

The parties expressly agree that no arbitration proceeding under these Terms, whether involving a consumer dispute or a business dispute, shall be certified as a class action or proceed as a class action, or on a basis involving claims brought in a purported representative capacity on behalf of the general public, other users, potential users, or persons similarly situated. Furthermore, no arbitration proceeding shall be consolidated with or joined in any way with any other arbitration proceeding. The parties agree to arbitrate any dispute on an individual basis and each waives the right to participate in a class action.

Force Majeure

The Futures Desk shall not be liable for any failure to perform, or delay in performance of, any obligations under these Terms if such failure or delay is caused by a Force Majeure Event. For the duration of a Force Majeure Event, The Futures Desk's obligations under these Terms will be suspended, and the time for performance of such obligations will be extended accordingly.

Non-Compliance with Terms

IN THE EVENT THAT A USER OR VISITOR VIOLATES ANY PROVISION OF THESE TERMS, INCLUDING BUT NOT LIMITED TO ACCESSING THE SERVICES IN A MANNER INCONSISTENT WITH THIS AGREEMENT, PROVIDING INCOMPLETE, FALSE, OR OUTDATED INFORMATION, OR ACTING IN A MANNER THAT (A) MAY CAUSE THE FUTURES DESK TO INCUR REPUTATIONAL DAMAGE, OR (B) VIOLATES THE TRADING RULES, THE FUTURES DESK RESERVES THE UNILATERAL RIGHT TO RESTRICT, IN WHOLE OR IN PART, YOUR ACCESS TO ANY OR ALL OF THE SITES AND/OR SERVICES. SUCH RESTRICTIONS MAY BE IMPOSED WITHOUT PRIOR NOTICE AND WITHOUT ANY COMPENSATION OR REFUNDS.

Waiver of Class Action Rights

IMPORTANT NOTICE: PLEASE READ THIS SECTION CAREFULLY. EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, THIS SECTION REQUIRES YOU TO WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE PROCEEDING, AS WELL AS YOUR RIGHT TO A JURY TRIAL.

The parties to this Agreement expressly waive any right to assert any claims against the other party as a representative or member in any class or representative action, except where such waiver is prohibited by law or deemed by a court of competent jurisdiction to be contrary to public policy. In the event that either party is permitted by law or a court of law to proceed with a class or representative action against the other, the parties agree as follows:

The prevailing party shall not be entitled to recover attorneys' fees or costs associated with pursuing the class or representative action, notwithstanding any other provision in this Agreement.
The party initiating or participating as a member of the class shall not submit a claim or otherwise participate in any recovery secured through the class or representative action.

Each party hereby waives, to the fullest extent permitted by applicable law, any right it may have to a trial by jury in any legal proceeding directly or indirectly arising out of or relating to this Agreement or the transactions contemplated herein, regardless of whether the claims are based in contract, tort, or any other legal theory.

Each party to this Agreement: (a) certifies that no representative, agent, or attorney of any other party has represented, expressly or otherwise, that such other party would not seek to enforce the foregoing waiver in the event of litigation; and (b) acknowledges that the mutual waivers and certifications contained in this section have been a material inducement for each party to enter into this Agreement.

Indemnification

You agree to indemnify, defend, and hold harmless The Futures Desk and its affiliated parties (the "Futures Desk Parties"), including its officers, directors, employees, agents, licensors, and suppliers, from and against any and all claims, demands, actions, suits, liabilities, losses, damages, costs, and expenses, including reasonable attorneys' fees, arising out of or relating to:

your access to or use of our Sites or Services;
your breach of these Terms or violation of any applicable law;
the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity;
any funding of your account from any source and any payment methods used.

The Futures Desk reserves the right, at its sole discretion and at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us under this provision. You agree to cooperate fully with The Futures Desk in the defense of any such claim or action. You further agree not to settle any such matter without the prior written consent of The Futures Desk. The Futures Desk will use reasonable efforts to notify you promptly of any claim, action, or proceeding for which you are obligated to indemnify us.

Conduct Violations

Trading activity in the Intern or Assessment Desk is subject to the conditions and limitations inherent in a simulated market environment. Any attempt to exploit or manipulate this simulated environment to gain an unfair advantage is strictly prohibited. This includes, but is not limited to, taking advantage of slippage, queue position manipulation, market gaps, or executing an abnormally high volume of trades within short timeframes.

Trading Violations and Consequences

Should The Futures Desk determine, at its sole discretion, that your trading activity in the Intern or Assessment Desk knowingly or unknowingly circumvents the established targets and rules or generates profits that would be unattainable in a live market setting, this will be considered a violation of these Terms. In such cases, The Futures Desk reserves the right to:

Reject any claims of successful completion or advancement in the Intern or Assessment Desk.
Render your Account ineligible for further participation.
Prohibit you from any further use of The Futures Desk's Sites or Services.

Moreover, if it is determined that you have engaged in such prohibited conduct at any point, including after graduating from the Intern or Assessment Desk, any withdrawals from other accounts you hold with The Futures Desk LLC will be forfeited, and those accounts will be closed immediately. This provision shall apply to any actions deemed to be Prohibited Conduct as defined in the examples below.

Exploiting Errors: Using any trading strategy designed to take advantage of or create errors within the Services, such as price display errors or delays in price updates.

Disruptive Practices: Engaging in any trading strategy that involves disruptive practices, including but not limited to spoofing strategies, as determined by The Futures Desk's sole discretion.

Excessive Trading: Trading an excessive or unrealistic number of contracts within a single day.

Trading Outside Quotes: Placing trades outside the best bid or offer prices.

External or Slow Data Feeds: Using external or slow data feeds to execute trades.

Market Manipulation: Performing trades, alone or with others (including between connected accounts or accounts held with different The Futures Desk parties), intended to manipulate, abuse, or gain an unfair advantage while using the Site or Services. This includes engaging in short-term or high-frequency trading or simultaneously entering opposite positions.

Violation of Other Terms: Engaging in trading activities that conflict with the terms and conditions of The Futures Desk's User Section or the terms and conditions of the Intern or Assessment Desk.

Additional Trading Restrictions

Automated Trading: Using any software, artificial intelligence, ultra-high-speed, or mass data entry tools that could manipulate, abuse, or provide an unfair advantage while using the Site or Services.

Unrealistic Trading: Performing trades that contradict how trading is typically conducted in the applicable futures markets or that raise justified concerns about potential financial or other harm to The Futures Desk.

Coordinated Trading: Coordinating with others, including between unconnected accounts and third parties, to perform the same trading strategy, opposite strategy, or other activities intended to pool or hedge risk across multiple accounts.

Harmful Instruments: Using any tools that could negatively impact the operation of the Site and Services or that are intended to exploit errors, bugs, or other deficiencies within the Site or Services.

Circumventing Restrictions: Bypassing geographical restrictions on availability or any other technical restrictions.

Lock Limit Violations: Holding a position within 2% of a product's lock limit.

Trading on Behalf of Others: Trading on behalf of others, including sharing incentives as part of any business arrangement.

Uncommercial Activity: Engaging in any other conduct that, at the sole discretion of The Futures Desk, is considered uncommercial, intended to game the market, or otherwise not a viable trading strategy.

All use of the Site and Services, including trading in Intern or Assessment Desk, is governed by the Trading Rules established by The Futures Desk. The Futures Desk may modify the Trading Rules at its sole discretion, at any time, and without notice.

The current Trading Rules are available on the Site. You are solely responsible for reviewing and understanding the Trading Rules, as they may be subject to change. By using the Site and Services, you acknowledge and agree to comply with the Trading Rules as they are amended from time to time.

Trading is permitted during normal electronic trading hours, except on abbreviated holiday schedules posted on The Futures Desk's website. All positions must be closed by 3:10 PM CT or the market close, whichever occurs first, unless the account has Swing Trading enabled. Traders are restricted to products authorized by The Futures Desk. For further details, please refer to our Help Center.

To maintain the integrity of our platform and protect against rule violations, The Futures Desk monitors trading activity. Excessive or unrealistic single-day trades or profits may be subject to review for potential breaches of our Terms, Trading Rules, or engagement in prohibited activities.

Trading Rule Violations and Consequences

The Futures Desk reserves the right to take corrective actions against users found to have violated Trading Rules or engaged in prohibited activities. These actions may include removing Simulated Account profits, deleting trading days, resetting accounts, or banning users from the Site and Services.

If trading activity is identified as potentially violating our rules, The Futures Desk may, at its discretion, delete the trading day and associated profits, restart or close the account, or ban the user from all or part of the Sites and Services.

Other Prohibited Uses

You are fully responsible for all actions taken under your account and agree not to use the Sites, Services, or any User Content in any way that is unacceptable, including but not limited to:

Distributing any unauthorized or unsolicited advertising, promotional materials, junk mail, spam, chain letters, fraudulent schemes, or any form of solicitation.
Using manual or automated software, devices, or processes to "crawl" or "spider" any web pages within the Sites or Services.
Utilizing VPNs or VPS on Accounts, which is strictly forbidden and can lead to account termination and profit forfeiture.
Leveraging the Sites or Services to gather competitive intelligence about The Futures Desk or to unfairly compete with The Futures Desk or its affiliates.
Collecting information about other users, such as email addresses or other contact details.

Rewards

To be eligible for Rewards, you must have an active Funded Account or Trading Combine not purchased or opened with any credits or rewards from The Futures Desk or its Affiliates, including Rewards. You must also be a U.S. citizen or legal U.S. resident aged 18 or older, not listed on the OFAC Specially Designated Nationals and Blocked Persons List (or similar lists).

The Futures Desk may, at its sole discretion, prohibit participation in Rewards if you disregard these Terms, act with intent to annoy, abuse, threaten, or harass any other user, The Futures Desk, its agents or representatives, disparage The Futures Desk, its products or services, competitors, affiliates, or act disruptively.

The Futures Desk may, without notice or consideration, alter or cancel any Reward earned if you are deemed to have violated these Terms, regardless of whether the violation was related to earning the Reward. The Futures Desk's decisions regarding Rewards are final and at its sole discretion.

To encourage sound trading practices and utilization of The Futures Desk's educational resources, Trader Dashboard, Journal, and other tools, we may offer various prizes, rewards, or incentives (collectively, "Rewards"). These Rewards do not require any additional fees or payments.
Each Reward may have specific objectives, rules, metrics, delivery or payment terms, and expiration dates. You are responsible for monitoring your eligibility and progress towards achieving each Reward. Rewards with expiration dates become void upon expiration.
Rewards are non-transferable and personal to each user. Redemption of a Reward is final and non-refundable. Each Reward can only be earned once per account.
The Futures Desk is not obligated to notify users of achieved Reward eligibility. You are solely responsible for tracking your progress and claiming any earned Rewards.

Additional Provisions

These Terms supplement any other agreements between you and The Futures Desk. Nothing herein establishes a partnership, agency, trust arrangement, fiduciary relationship, or joint venture between us. Neither party has the authority to act or create obligations on behalf of the other.

You acknowledge that breaching these Terms would cause irreparable harm to The Futures Desk, not adequately compensable by damages alone. Therefore, The Futures Desk may seek injunctive relief, specific performance, or other equitable remedies for your breach, in addition to any other available legal remedies.

We reserve the right, at our sole discretion, to modify, suspend, or discontinue the Sites, Services, content, features, or products offered through them, with or without notice. We may also charge, modify, or waive fees for using our Sites and Services, and offer opportunities to some or all users. You agree that we are not liable to you or any third party for any such modifications, suspensions, or discontinuations.

Each provision within these Terms operates independently. Should any court or relevant authority deem any provision unlawful or unenforceable, the remaining provisions will remain fully valid and effective.

These Terms represent the entire agreement between you and The Futures Desk, superseding all prior agreements, whether oral or written, related to the subject matter herein.

If any provision of these Terms is found invalid or ineffective, it will be replaced with a provision that most closely aligns with the original intent. The invalidity or ineffectiveness of one provision does not affect the validity of the remaining provisions.

No past or future practices between the parties, nor any industry customs not explicitly mentioned in these Terms, will be applied, and no rights or obligations shall be derived from them.

Our failure to enforce any of your obligations under these Terms, or any delay in doing so, does not constitute a waiver of our rights. Any waiver of a default by you must be in writing and does not imply a waiver of any subsequent defaults.

The Futures Desk may assign any claim or agreement arising from these Terms to a third party without your consent. We may transfer our rights and obligations under these Terms, in whole or in part, to a third party. You may not transfer or assign your rights or obligations under these Terms.

We may terminate these Terms at any time, without notice, and deny you access to our Sites and Services if, in our sole judgment, you fail to comply with any term or provision herein. Obligations and liabilities incurred before termination shall survive the termination of these Terms for all purposes.

Acknowledgment and Modifications to These Terms

By accessing or using our Sites or Services, accepting the Terms of Use, or entering into any agreement with us, you acknowledge that you have read, understood, and agreed to these Terms on behalf of yourself and any entity you represent. If you do not agree with these Terms, you must not use our Sites or Services.

You acknowledge that you have carefully evaluated the potential risks associated with these Terms and accept those risks.

We may modify these Terms from time to time. We will notify you of any changes and post the revised Terms here, with an updated revision date. This notice may include, but is not limited to, clear and conspicuous messaging or posting on the Sites or Services indicating that the Terms have been updated. If you do not agree to any changes to the Terms after receiving notice, you must cease using our Sites or Services.

Feedback

The Futures Desk values your feedback and insights. Please note that any feedback you provide will become the exclusive property of The Futures Desk. By submitting feedback, you agree to irrevocably transfer all rights, title, and interest in the feedback, including any associated copyrights or intellectual property rights, to The Futures Desk on a global scale.