TYCOON FUNDED
Terms and Conditions
These Terms and Conditions (the “T&C”) outline the rights and obligations in connection with the services provided by Tycoon Funded Ltd. for funded accounts trading (the “Services”), primarily offered through the tf.tradefarm.io website (the “Website”). If you do not agree with or understand any part of these T&C, you must not use the Services.
PLEASE READ THIS AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES. BY ACCESSING OR USING THIS SITE OR OUR SERVICES OR OTHERWISE AGREEING TO THIS AGREEMENT, YOU UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT AND RECOGNIZE THAT YOU MAY BE WAIVING CERTAIN RIGHTS.
Welcome to Tycoon Funded. The Tycoon Funded website and all services and interactions with Tycoon Funded LLC, Tycoon Funded, or www.tf.tradefarm.io (collectively, the “Site” OR “Website”) are comprised of various web pages operated by Tycoon Funded Ltd. (“Company”, “we”, “us”, or “our”). The Site is made available to you conditioned on and subject to your acceptance without modification of the terms, conditions, and notices contained herein (collectively, “Terms” or “Agreement”). Your use of the Site constitutes your acceptance of and agreement to all such Terms. Please read these Terms carefully and keep a copy of them for your reference. These Terms are applicable for all services provided by Company and this “Site.”
THIS AGREEMENT CONTAINS A BINDING ARBITRATION AGREEMENT THAT LIMITS YOUR RIGHTS TO BRING AN ACTION IN COURT, BRING A CLASS ACTION, AND HAVE DISPUTES DECIDED BY A JUDGE OR JURY, AS WELL AS PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. THE PRODUCTS AND SERVICES OFFERED ON THIS SITE ARE NOT IN ANY WAY INTENDED TO BE CONSIDERED AN INVESTMENT.
Trader Representations
By using the Services, you represent that you are at least eighteen (18) years old and are of sound mind and that you have the capacity to agree to and uphold the terms and conditions contained within this Agreement. If you use the Services on behalf of a business entity or other third-party, then you represent that you have actual authority to act as an agent of that business entity or third-party, and that you have the right and ability to agree to and bind that third-party or business entity to the terms of this Agreement on its behalf. You represent that your use of the Services does not violate any law, regulation, ordinance, statute, or treaty that is applicable to individuals or business entities located in the jurisdiction in which you live. You further represent that you are not prohibited from entering into this Agreement by the terms of any preexisting agreement.
For purposes of this Agreement, the terms “You”, including “you”, “your”, “customer”, “consumer”, and “Trader” shall mean and refer to any individual or entity that registers for, accesses, or uses the Services provided by, or any associated offerings provided by, the Company. Any reference in this Agreement to “you”, “your”, “customer”, or “Trader” shall be interpreted as referring to the same entity or individual as defined herein.
Services
The Company offers various structured evaluation plans and programs designed to assess traders’ proficiency and skills in simulated trading. Participants must meet predefined objectives through a multi-stage process to successfully complete the evaluations and demonstrate their trading skills. Please refer to the following provisions outlining the terms and conditions governing access to and use of the Services:
- Traders may purchase the Services offered by the Company exclusively through the Website by completing the designated order process. Upon successful registration and payment, the Trader shall be issued login credentials granting access to the trading platform.
- The Services encompass a proprietary evaluation program referred to as “The Tycoon Funded Evaluation Challenge,” which is structured to assess and verify a trader’s trading proficiency through a multi-stage process. The Tycoon Funded Evaluation Challenge comprises the following three sequential stages: Evaluation (Stage 1), Verification (Stage 2), and Get Funded (Stage 3).
- Stage 1 (Evaluation) grants the Trader conditional and limited access to the Services, permitting them to demonstrate trading competence within predefined parameters. Advancement to Stage 2 (Verification) is contingent upon the successful fulfillment of the requirements set forth by the Company.
- By participating in the evaluation process, you agree to comply with all requests made by the Company regarding the verification of your eligibility for a simulated funded account. You further acknowledge and agree to adhere to the Company’s Know Your Customer (KYC) requirements, including but not limited to identity verification and the submission of any documentation deemed necessary by the Company to confirm your compliance.
- The Company reserves the sole and absolute right to deny access to the simulated funded account based on evaluation results, failure to meet verification requirements, or any other reason it deems necessary at its discretion.
- Stage 2 (Verification) serves as an additional assessment phase wherein the Trader’s trading performance is scrutinized to determine their eligibility for participation in Stage 3 (Get Funded) simulated trading. The purpose of this phase is to confirm the Trader’s adherence to the Company’s predefined trading criteria and risk parameters.
- Customers shall gain access to Stage 3 account only upon the successful completion of the Verification Stage and full compliance with all applicable terms, conditions, and performance requirements set forth by the Company.
- Stage 3 (Get Funded) affords eligible Traders access to a simulated funded trading environment, provided they have successfully completed the prior stages and fulfilled all applicable requirements, and access remains subject to continued compliance with the Company’s terms, conditions, and performance benchmarks.
- Customers acknowledge and agree that they retain no ownership of the funds within the simulated funded trading account.
- Profit-sharing is conducted on a weekly or bi-weekly basis, at the Company’s sole discretion, with payments disbursed through the payment method specified by the Customer. Customers further acknowledge that they bear no liability for any losses incurred on the simulated funded account, as such losses are absorbed entirely by Company.
- Access to Stage 3 is granted at the Company’s sole discretion, and the Company reserves the right to withhold, limit, or revoke such access if any violations, discrepancies, or breaches of the Agreement are identified or for any other reason the Company deems necessary, at its sole and absolute discretion.
- Stage 1 (Evaluation) grants the Trader conditional and limited access to the Services, permitting them to demonstrate trading competence within predefined parameters. Advancement to Stage 2 (Verification) is contingent upon the successful fulfillment of the requirements set forth by the Company.
- Traders bear the sole responsibility for ensuring that all information provided during the registration process, including but not limited to personal details and account credentials, is accurate, complete, and kept up to date. The Company reserves the right to suspend or terminate the Trader’s access to the Services in the event of inaccurate, incomplete, or misleading information.
- If the Trader is a legal entity, such entity shall be deemed the sole account holder for all purposes, and all obligations, rights, and liabilities arising under these Terms of Use shall be ascribed exclusively to such entity.
- The fee applicable to participation in The Tycoon Funded Evaluation Challenge shall be determined based on the specific account parameters selected by the Trader, including but not limited to initial trading capital, permissible risk levels, and other relevant account configurations. A comprehensive breakdown of pricing is available on the Website.
- All fees paid for participation in The Tycoon Funded Evaluation Challenge are strictly non-refundable under any circumstances, including, without limitation, voluntary withdrawal, premature termination of Services, failure to satisfy challenge conditions, or any other grounds. Traders are advised to consult the Company’s Refund Policy, as published on the Website, for further clarification.
- The initiation of chargebacks, unjustified payment disputes, or fraudulent claims regarding fees shall constitute a material breach of these Terms of Use and may result in the immediate suspension or termination of the Trader’s access to the Services, at the Company’s sole discretion, without any right to refund or reinstatement.
- Once the Trader has selected a specific challenge option at the time of order placement, such selection shall be deemed final, binding, and irrevocable for the entirety of the challenge process and shall not be subject to modification, alteration, or substitution.
- The Company reserves the right, at its sole discretion, to modify its pricing structure, challenge parameters, and other terms governing the provision of the Services. Any such modifications shall not apply retroactively to active challenges or Services already purchased by the Trader prior to the effective date of such modifications. Traders are advised to consult the Company’s Refund Policy, as published on the Website, for further clarification.
- Traders shall be solely responsible for ensuring that their respective hardware, software, and internet connectivity meet the technical requirements necessary for accessing and utilizing the Services. The Company shall bear no liability for any deficiencies, interruptions, or failures arising from the Trader’s failure to meet such requirements.
- The Company reserves the right to restrict, suspend, or terminate the Trader’s access to the Services in instances where, in the Company’s sole and absolute discretion, excessive, abusive, or suspicious activity is detected, or where such activity is deemed to compromise the integrity, functionality, or security of the Services.
COMPANY EXCLUSIVELY OFFERS SIMULATED TRADING AND DOES NOT PROVIDE OR FACILITATE REAL TRADING IN ANY FORM. NO REAL TRADING SERVICES ARE OFFERED THROUGH THE WEBSITE OR BY THE COMPANY UNDER ANY CIRCUMSTANCES. ALL TRADING ACTIVITIES CONDUCTED THROUGH THE COMPANY’S PLATFORM ARE STRICTLY SIMULATED.
Eligibility
By accessing and using the services provided by Company, you hereby represent and warrant that:
- You are at least 18 years of age.
- You have the legal capacity to enter into and be bound by a contractual agreement.
- You are not accessing or utilizing the Company’s services from any jurisdiction where such access or use is restricted or prohibited by applicable law.
You are solely responsible for determining and ensuring that your access to the Company’s services complies with all applicable laws and regulations in your location. By using our services, you affirm that you are not accessing our platform from any jurisdiction where such access or use is restricted or prohibited. It is your duty to verify and comply with any legal restrictions applicable to your jurisdiction.
You further acknowledge and agree that the Company does not offer services within restricted jurisdictions. Should you access Company’s services from any such prohibited jurisdiction, Company reserves the right, at its sole discretion, to terminate your account, and you will immediately forfeit all rights to any accumulated Company Points and any form of compensation or reimbursement associated with such points or with your account, if applicable.
Prohibited Conduct
By using Company’s services, you agree to adhere to all applicable laws, rules, and regulations, and you agree to refrain from engaging in any of the following prohibited activities:
- Using Company’s services for any unlawful, unauthorized, or illegal purpose, including activities that violate any applicable laws or regulations in your jurisdiction.
- Engaging in, or attempting to engage in, the creation of multiple accounts, including but not limited to the use of various email addresses or aliases, with the intent to deceptively earn, transfer, or utilize the services of the Company.
- Engaging, or attempting to engage in, in any form of manipulation, exploitation, or deceptive practices aimed at fraudulently using the services of the Company, including but not limited to providing false or misleading information.
- Circumventing, disabling, tampering with, or otherwise interfering with any security features, protocols, or measures on our platform or Website intended to safeguard the integrity, security, and proper functioning of the Company’s services.
- Using automated assistance, including but not limited to automated programs or any other unauthorized tools, technologies, or mechanisms, to interact with Company’s services. This includes any attempt to gain an unfair advantage or bypass intended functionality within the platform.
- Accessing, collecting, or harvesting any personally identifiable information, including account data, from other users without their express permission.
Engaging in any prohibited conduct may result in the immediate suspension or termination of your account, the forfeiture of all accumulated funds, and any additional legal or corrective actions deemed necessary by Company. Company reserves the right to investigate any suspected violation and to enforce these terms to the fullest extent permissible by law.
Other Policies
These Terms do not alter in any way the terms or conditions of any other agreement you may have with us for products, services, programs or otherwise. Additional policies and terms may apply to use of specific portions of a Site and to the purchase of certain services and are included as part of these Terms whether they reference these Terms or not.
Other types of agreements and policies that you may be subject to include, but are not limited to:
- Company FAQ therein, as amended from time to time and which are incorporated by reference and made a part of these Terms. By agreeing to these Terms, you are agreeing to abide to all rules identified within the knowledge center and other sources within the website.
- The Privacy Policy
- The Refund Policy (if applicable)
Electronic Communications
Visiting this Site, contacting Company via social media and live chat support, or sending emails to Company constitutes electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email, live chat support, social media and on this Site, satisfy any legal requirement that such communications be in writing.
Your Account
If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Company is not responsible for third party access to your account that results from theft or misappropriation of your account. Company and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Minors
Company does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under the age of eighteen, you are prohibited from the use of services and interactions with Company. If a minor circumvents the controls Company has implemented to restrict use of our services, any resulting actions or consequences are solely the responsibility of the minor. By accessing our services, you agree to hold us harmless for any actions or consequences resulting from your failure to comply with our age restrictions.
Links to Third Party Sites/Third Party Services
Our Website, www.tf.tradefarm.io, may contain links to other Websites (“Linked Sites”). The Linked Sites are not under the control of Company and Company is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Company of any site or any association with its operators.
Certain services made available via www.tf.tradefarm.io are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.tf.tradefarm.io domain, you acknowledge, agree and consent that Company may share such information and data with any third party with whom Company has a contractual relationship to provide the requested product, service or functionality on behalf of www.tf.tradefarm.io users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable to access and use www.tf.tradefarm.io strictly in accordance with these Terms. As a condition of your use of the Site, you warrant to Company that you will not use the Site for any purpose that is unlawful or prohibited by these Terms or any applicable law, regulation or requirement to which Company or you is or may be subject. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, including copyrights and trademarks, in whole or in part, found on the Site. Company materials and Site content are not for resale, and by accessing the Site you acknowledge and agree that you will not resell, redistribute or otherwise use or attempt to use the Site or its contents in any manner or for any purpose except as permitted or authorized by Company. Your use of the Site does not entitle you to make any unauthorized use of any content, and without limiting the foregoing, in particular you will not delete, alter or otherwise modify or attempt to modify any proprietary rights or attribution notices in any content. You will use protected content solely for your personal non-commercial use and will make no other use of the content without the express written permission of Company and the copyright owner. You agree that you do not acquire any ownership rights in or claims to any Site content. We do not grant you any licenses, express or implied, to the intellectual property of Company or our licensors except as expressly authorized by these Terms.
You are expressly prohibited from scraping, crawling, framing, posting unauthorized links to, aggregating, hacking, performing denial of service (DOS) attacks on, reverse engineering, or circumventing technological protection measures of the Services or the Company Website. You are also prohibited from using the Services or the Company Website to transmit unsolicited commercial emails to third parties or Traders of the Company. While The Company is not responsible for any such content posted by its Traders and Company does not have an affirmative obligations to monitor such content, it does reserve the right to remove such content. You are expressly prohibited from using any trading strategy that is expressly prohibited by the Company or the Brokers it uses. Such prohibited trading (“Prohibited Trading”) shall include, but not be limited to:
- Exploiting errors or latency in the pricing and/or platform(s) provided by the Broker
- Utilizing non-public and/or insider information;
- Front-running of trades placed elsewhere;
- Trading in any way that jeopardizes the relationship that the Company has with a broker or may result in the canceling of trades; or
- Trading in any way that creates regulatory issues for the
- Utilizing any third-party strategy, off-the-shelf strategy or one marketed to pass challenge accounts
- Utilizing one strategy to pass an assessment and then utilizing a different strategy in a funded account, as determined by the Company at their sole discretion
- Entering into an Equity CFD at or near the end of the trading day with intent of profiting from the marketing gap between when the market closes and reopens on the subsequent trading day, as determined by the Company in its sole and absolute discretion.
- Attempting to arbitrage an challenge account with another account with the Company or any third-party Company, as determined by the Company in its sole and absolute
If the Company detects that your trading constitutes Prohibited Trading, your participation in the program will be terminated and may include forfeiture of any fees paid to the Company.
Additionally, and before any Trader shall receive a funded account, the trading activity of the Trader under these Terms and Conditions shall be reviewed by both the Company and the Broker to determine whether such trading activity constitutes Prohibited Trading. In the case of Prohibited Trading, the Trader shall not receive a funded account.
Traders are prohibited from being a principal, owner or otherwise directly associated with a competing proprietary trading firm, while at the same time trading on the Company’s platform. If a Trader is found to be a principal, owner or otherwise directly associated with a competing proprietary trading firm their trading account with the Company will be immediately terminated, and the Trader will be suspended from all further use of the platform.
Trading Syles; Risk Management
Company may perform a risk review on accounts at any stage of the process. Company reserves the right to terminate an account or agreement or deny a withdrawal request if it is deemed a customer has abused margin availability on an account or not applied an appropriate risk management strategy. Such strategies include but are not limited to those described below.
Prohibited Strategies:
Displaying insufficient risk management in a way that would not be an applicable strategy in the real market where the following hallmarks are most prevalent:
- Excessive risk taking in terms of the percentage of an account risked in a single simulated-trade;
- Excessive cumulative risk taking in terms of the percentage of an account risked in a series of overlapping simulated-trades;
- Excessive risk taking exacerbated by news events. This relates to a “Boom or Bust” approach where the success or failure of the account relies upon one simulated-trade, or a series of simulated-trades connected to a major news event;
- Simulated-trading in such a manner that if conducted in a real trading environment it would raise substantial concerns that the relevant broker or institution may suffer real financial harm resulting from the customer’s risk-taking behavior; and
- Simulated-trading which either knowingly, or unknowingly, exploits errors or delays in pricing feeds including, but not limited to Arbitrage.
Indemnification
You agree to indemnify, defend, and hold harmless Company , its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of these Terms or your violation of any rights of a third party or any applicable laws, regulations or requirements. Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to fully cooperate with Company in asserting any available defenses.
Disputes & Arbitration
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
ARBITRATION USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY, ALLOWS FOR MORE LIMITED DISCOVERY THAN IN COURT, AND IS SUBJECT TO VERY LIMITED REVIEW BY COURTS. YOU MAY CHOOSE TO BE REPRESENTED BY A LAWYER IN ARBITRATION OR PROCEED WITHOUT ONE. THIS ARBITRATION PROVISION SHALL SURVIVE TERMINATION OF THIS AGREEMENT. IF, HOWEVER, EITHER THE CLASS ACTION WAIVER OR COORDINATED CLAIMS PROVISION BELOW ARE FOUND INVALID, THEN THE SPECIFIC INVALID PROVISION WILL BE UNENFORCEABLE AND WILL BE SEVERED AND THE REMAINDER OF THE ARBITRATION PROVISIONS WILL REMAIN IN FULL FORCE.
In the event the parties are not able to resolve any dispute, claim or controversy, including those known or unknown that may be later discovered, between them arising out of or concerning these Terms or any provisions hereof, or other agreements on the Site, other agreements between us, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, whether in contract, tort, or otherwise, at law or in equity for damages or any other relief, legal or equitable, then such dispute shall be resolved only by either: (i) final and binding arbitration pursuant to the Federal Arbitration Act (“FAA”), conducted by a single neutral arbitrator and administered by the JAMS Comprehensive Arbitration Rules and Procedures as those Rules exist on the effective date of this Agreement or (ii) submitted to small claims court in ______________. If the arbitrator finds this location of arbitration unreasonably burdensome to you, a new location may be selected in a location mutually agreed upon by the parties, or the arbitration may be conducted over the phone, using video conferencing, or similar. You may be entitled to an in-person hearing near your place of residence.
The arbitrator’s award shall be final, and judgment on the award rendered by the arbitrator may be entered in any federal or state court of competent jurisdiction located in the County of ______ in the State of __________. For more information about arbitration, the AAA and the arbitration process, please consult the AAA website at www.adr.org.
The arbitrator’s award shall be binding only between the parties to the arbitration proceeding. It shall have no preclusive effect in any other arbitration or other proceeding involving a different party, provided that the arbitrator may consider rulings in other arbitrations involving different parties.
In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. Seeking Arbitration: If you elect to seek arbitration or file a small claim court action, you must first send to us, by certified mail, a written notice of your claim (“Notice”). The Notice to us must be addressed to:
TYCOON FUNDED LLC
ATTN: LEGAL DEPARTMENT
5830 E 2ND ST, STE 7000 #20234
CASPER, WY 82609
Please visit the Company’s website or contact us via help@tycoonfunded.com to send us a message to obtain more information on where to send your Notice.
If we initiate arbitration, we will send a written Notice to an email address you have previously provided to us, if available. We may also use any other means to contact you, including a message in your account or to an address we have on file. A Notice, whether sent by you or by us, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If you and we do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or us may commence an arbitration proceeding or file a claim in small claims court. Arbitration forms can be downloaded from www.jamsadr.com.
Hearing: If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic or video hearing, or by an in-person hearing as established by the JAMS Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the JAMS Rules. In the event that the arbitration will be conducted solely on the basis of submitted documents, the arbitrator’s decision and award will be made and delivered within six (6) months of the selection of the arbitrator, unless extended by the arbitrator. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules.
Award: In the event arbitration awards you damages of an amount at least $100 greater than our last documented settlement offer, we will pay your awarded damages or $2,500, whichever is greater.
Injunctive Relief: Notwithstanding the foregoing, you and we both agree that you or we may sue in court to enjoin infringement or other misuse of intellectual property rights or in other scenarios where injunctive relief is appropriate. In the event a court or arbitrator having jurisdiction finds any portion of this Agreement unenforceable, that portion shall not be effective and the remainder of the Agreement shall remain effective. No waiver, express or implied, by either party of any breach of or default under this Agreement will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.
Confidentiality: The parties shall maintain the confidential nature of the arbitration proceeding and the Award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.
Coordinated Proceedings: If 25 or more individuals initiate Notices of dispute with us raising similar claims, and counsel for the individuals bringing the claims are the same or are coordinated for these individuals (“Coordinated Claims”), the claims shall proceed in arbitration in a coordinated proceeding. Counsel for the individuals and counsel for Company shall each select five cases to proceed first in arbitration in a bellwether proceeding (“Test Cases”). The remaining cases shall not be filed in arbitration until the first ten have been resolved. If the parties are unable to resolve the remaining cases after the conclusion of the Test Cases, each side may select another five cases to proceed to arbitration for a second bellwether proceeding. This process may continue until the parties have determined an objective methodology to make an offer to resolve each and every outstanding claim. A court will have authority to enforce this clause and, if necessary, to enjoin the mass filing of arbitration demands against Company. Individuals bringing Coordinated Claims shall be responsible for up to $250 of their filing fees or the maximum permissible under the applicable arbitration rules. All applicable statutes of limitations and defenses based upon the passage of time will be tolled while the Coordinated Proceedings specified in this Section are pending. We will take such action, if any, required to effectuate such tolling.
Governing Law and Rules: This Agreement and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of Florida, exclusive of conflict or choice of law rules. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16). In any arbitration arising out of or related to this Agreement, the arbitrator is not empowered to award punitive or exemplary damages, except where permitted by statute, and the parties waive any right to recover any such damages. In any arbitration arising out of or related to this Agreement, the arbitrator may not award any incidental, indirect or consequential damages, including damages for lost virtual profit. The parties adopt and agree to implement the JAMS Optional Arbitration Appeal Procedure (as it exists on the effective date of this Agreement) with respect to any final award in an arbitration arising out of or related to this Agreement.
Severance of Arbitration Agreement. If the clauses concerning and describing the procedures and obligations related to Coordinated Claims and Test Case procedures is or becomes invalid or unenforceable, then the remaining entire arbitration agreement and any clauses concerning, relating to, specifying or otherwise describing the arbitration agreement shall be severed from this Agreement. However, any duty of confidentiality, whether or not such duty is connected with arbitration, shall survive such severance.
Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
YOU AGREE THAT ANY ARBITRATION UNDER THESE TERMS AND CONDITIONS WILL TAKE PLACE ON AN INDIVIDUAL BASIS. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, INCLUDING BUT NOT LIMITED TO A PRIVATE ATTORNEY GENERAL ACTION. CLASS ARBITRATIONS AND CLASS/REPRESENTATIVE/COLLECTIVE ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS
ARBITRATION OR CLASS ACTION. Further, unless both you and Company agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
If this specific provision is found to be unenforceable, then the entirety of this Class Action Waiver and the Disputes & Arbitration provisions shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
Education
The Company does not provide any trader education. The intent of The Company is to identify individuals with a talent for trading. No live trading is provided directly by the Company. Such Traders who pass an assessment offered by the Company shall be allocated capital to trade in a live account under the terms of an agreement with the Company. Although The Company may provide data, information, and content relating to investment approaches and opportunities to make trades, such data, information and content is provided solely for general informational and educational purposes. The Company does not invite the Trader to take any action based upon any of the information and materials provided on by the Company; you should not construe any such data, information, or content as investment, financial, tax, legal, or other kind of advice. The Company further does not make any representations that any data, information, and content on the Company Website is accurate or complete. You alone will bear the sole responsibility of evaluating the merits and risks associated with using any such data, information, and content. As such, you agree not to hold the Company liable for any possible claims of damages that may arise from any decision that you make based upon the use of data, information, and content on the Company Website. While the Company does not provide you with the opportunity to invest actual currency, the Company wants to make sure you understand the risks involved with traditional investing. You should be aware that the risk of trading and investing is high and substantial. It can work for you as well as against you. It may or may not lead to substantial losses. Additionally, past performance is not indicative of future results. As such, you should carefully consider whether trading and investing is right for you depending on your investment objectives, level of experience, and risk appetite. If you are unsure, you should consult with a financial advisor and/or tax advisor.
Account Creation and Limitations
In order to register as a Trader, you may be asked to provide personal information, including, but not limited to your name, email address, mailing address, phone number, date of birth and a username and password for an account that is unique to you. The information provided is subject to the Company’s privacy policy on the Company Website. The account will be personal to You, and You cannot share it with anybody else. You may not purchase an account on behalf of a third party or have an account purchased for you by a third party. You will be responsible for maintaining the confidentiality of your username and password. If you suspect that your account has been breached, you must immediately notify the Company.
Each Trader is limited to one registered account with the Company. However, within that registered account, the Trader may operate multiple simulated funded accounts, subject to specific restrictions and conditions set forth by the Company. The creation of additional registered accounts is strictly prohibited unless prior written approval is obtained from the Company.
The Trader acknowledges and agrees that they may not create, register, or maintain multiple accounts using different names, email addresses, or other identifying information if such accounts are ultimately controlled by the same individual or entity. Any attempt to circumvent this restriction, whether directly or indirectly, shall constitute a material breach of this Agreement and may result in the immediate suspension or termination of all associated accounts, at the Company’s sole discretion.
The Company reserves the right to suspend, restrict, or disable access to accounts temporarily for maintenance, technical updates, or other operational reasons necessary to ensure the integrity and functionality of the Services. The Company shall make reasonable efforts to notify Traders of any scheduled maintenance but shall not be liable for any interruptions, delays, or loss of access resulting from such actions.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE MAY INCLUDE INACCURACIES OR ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. Company AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME WITHOUT PRIOR NOTICE.
COMPANY AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. COMPANY AND/OR ITS SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF COMPANY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. 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. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS SITE.
New Jersey Residents
If you are a consumer residing in New Jersey, the following provisions of this Agreement do not apply to you (and do not limit any rights that you may have) to the extent that they are unenforceable under New Jersey law: (a) Disclaimer of Warranty; (b) Limitation of Liability;
(c) Indemnity; and (d) under Disputes & Arbitration and Class Action Waiver and the governing law provisions (solely to the extent that your rights as a consumer residing in New Jersey are required to be governed by New Jersey law). According to N.J.S.A. 56:12-16, you may have additional rights if you are a New Jersey resident and other provisions of this Agreement are found to violate an established legal right.
California Residents
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952- 5210.
If you are a California resident, you agree to consciously waive all claims, both known and unknown that may be later discovered and expressly forgo and waive all protections as by California Civil Code Section 1542, which states, “[a] general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” By using this Site, you agree to that these California Civil Code Section 1542 protections no longer apply to you.
International Users
This Site is controlled, operated and administered by the Company from our offices in the United States of America. If you access the Site from a location outside the United Stated of America, you are responsible for compliance with all applicable laws. You agree that you will not use Company content accessed through the Site in any country or in any manner prohibited by any applicable laws, regulations or requirements.
The products referred to on Sites may only be available in the territory to which that Site is directed and may not be available in your country. WE MAKE NO REPRESENTATION THAT THE INFORMATION AND MATERIALS ON ANY SITE, INCLUDING WITHOUT LIMITATION THE INFORMATION AND OTHER MATERIALS PROMOTING THE PRODUCTS IDENTIFIED ON THAT SITE, ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS OTHER THAN THE LOCATION FOR WHICH THE SITE IS DIRECTED. WE DO NOT REPRESENT OR WARRANT THAT A SITE OR ANY PART THEREOF IS APPROPRIATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION OTHER
THAN THE UNITED STATES. Those who choose to access a Site do so on their own initiative and at their own risk, and are responsible for complying with all local statutes, orders, regulations, rules, and other laws. You are also subject to United States export controls and are responsible for any violations of such controls, including without limitation any United States embargoes or other federal rules and regulations restricting exports.
Despite the above, as a consumer you will benefit from any mandatory provisions of the law of the country in which you are a resident. Nothing in this Agreement affects your rights as a consumer to rely on such mandatory provisions of local law. The local law of your jurisdiction may entitle you to have a dispute relating to this Agreement heard by your local courts. This Agreement does not limit any such rights that you have that apply. HOWEVER, BY ENTERING INTO THIS AGREEMENT, WE DO NOT CONSENT TO THE JURISDICTION OF ANY COURTS OTHER THAN THOSE REFERENCED IN THIS AGREEMENT AND RESERVES THE RIGHT TO CONTEST THAT IT IS NOT SUBJECT TO THE JURISDICTION OF ANY OTHER COURT. We may limit a Site’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion. This Agreement, as well as all other documents related to it, including notices and correspondence, will be in the English language only.
THE FOLLOWING TERMS AND CONDITIONS APPLY TO YOU, AND SUPERSEDE CONFLICTING TERMS IN THE AGREEMENT IF YOU ARE A RESIDENT OF THE NAMED JURISDICTION OR TO THE EXTENT REQUIRED BY APPLICABLE LAW:
AUSTRALIA
Where any Act of Parliament implies any condition or warranty in relation to your use of a Site and that Act prohibits exclusion of that term, then that term is included. To the maximum extent permitted by law, our liability for any breach of such a non-excludable term is limited to the supplying of the products or services again.
CANADA
L’acheteur confirme son intention expresse que cet accord, ainsi que tous les documents connexes, soient rédigés en langue anglaise uniquement, y compris tous les avis et la correspondance.
Quebec Customers: For Quebec customers (or customers from other Canadian provinces where applicable) we will, if required, send at least 30 days before the amendment comes into force, a written notice drawn up clearly and legibly, setting out the new clause only, or the amended clause and the clause as it read formerly, the date of the coming into force of the amendment and the customer’s right to refuse the amendment and rescind or, in the case of a contract involving sequential performance, cancel the contract without cost, penalty or cancellation indemnity by sending us a notice to that effect no later than 30 days after the amendment comes into force, if the amendment entails an increase in the customer’s obligations or a reduction in our obligations.
Dispute Resolution: The arbitration requirements of this Agreement will not apply to you if any such provision is unenforceable under the laws of your Canadian province of residence.
Cancellation Rights: Residents of certain provinces may have the right to cancel the provisions of certain purchases as required by local law. We will honor such cancellation rights.
Privacy and Consumer Complaints: Under relevant consumer protection laws, you are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please send an e-mail or contact us in writing by writing to the Company address listed in the notice provision herein.
EUROPEAN UNION
Children: You may not use any Site if you are under the age of 16.
Exceptions to Liability Limitations: Nothing in this Agreement excludes or limits our liability for death or personal injury arising from our negligence, or fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by applicable law.
ARBITRATION MAY NOT APPLY TO YOU IF YOU ARE A RESIDENT OF THE EUROPEAN UNION AND SUBJECT TO THE ALTERNATIVE DISPUTE RESOLUTION DIRECTIVE (2013/11/EU) AND THE ONLINE DISPUTE RESOLUTION REGULATION (EU 524/2013) (AND ANY IMPLEMENTING REGULATIONS IN EACH MEMBER STATE OF THE EU), THE AGREEMENT TO ARBITRATE IN THE AGREEMENT WILL NOT APPLY TO IF NOT PERMITTED BY LAW.
Japan
Any intellectual property rights vested in us under these terms will include the rights set forth in Article 27 (Right of Adaptation) and Article 28 (Original Author’s Right in Derivative Works) of the Copyright Act of Japan, Act No. 48 of May 6, 1970. Further, you agree not to exercise against us any moral rights you may have, including, without limitation, the feedback or suggestions.
Each Party represents and warrants that it (a) is not an anti-social force (meaning here and herein after, gangsters, anti-social forces, and others equivalent thereto) and (b) does not have any exchange or involvement with anti-social forces, such as cooperation or involvement in the maintenance, operation, or management of anti-social forces, through funding or other means.
UNITED KINGDOM
Children: You may not use any Site if you are under the age of 16.
Exceptions to Liability Limitations: Nothing in this Agreement excludes or limits our liability for death or personal injury arising from our negligence, or fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by applicable law.
ARBITRATION MAY NOT APPLY TO YOU IF YOU ARE A RESIDENT OF THE UNITED KINGDOM AND SUBJECT TO THE ALTERNATIVE DISPUTE RESOLUTION DIRECTIVE (2013/11/EU) AND THE ONLINE DISPUTE RESOLUTION REGULATION (EU 524/2013) (OR ANY SUCCESSOR TO THESE ENACTED BY THE UK POST BREXIT). THE AGREEMENT TO ARBITRATE IN THIS AGREEMENT WILL NOT APPLY TO IF NOT PERMITTED BY LAW.
Termination/Access Restriction/ General
This Agreement constitutes the entire agreement between you and Company regarding the use of the Site and the purchase of any Services on our Site. Company’s failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. This Agreement is governed by the Federal Arbitration Act and the laws of the State of _______.without regard to conflict of law provisions. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word “including” means including without limitation.
COMPANY RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO TERMINATE YOUR ACCESS TO THIS SITE AND THE RELATED SERVICES OR ANY PORTION THEREOF AT ANY TIME, WITHOUT NOTICE. THESE TERMS ARE GOVERNED BY THE LAWS OF ___________, AND YOU AGREE THAT ANY DISPUTE, DISAGREEMENT, ARBITRATION, OR MEDIATION WITH COMPANY OR ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THAT IS NOT RESOLVED THROUGH ARBITRATION AS PROVIDED HEREIN SHALL BE FILED AND RESOLVED ONLY BY THE FEDERAL OR STATE COURTS LOCATED IN MIAMI-DADE COUNTY, FLORIDA, AND EACH PARTY HEREBY IRREVOCABLY AND UNCONDITIONALLY CONSENTS AND SUBMITS TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS FOR ANY SUCH CONTROVERSY.
Use of the Site is not permitted in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE PARTIES WAIVE THE RIGHT TO A JURY TRIAL.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Company as a result of these Terms or your use of the Site. Company’s performance of these Terms is subject to applicable laws, regulations and requirements, and nothing contained in these Terms is in derogation of Company’s right to comply with governmental, judicial and law enforcement requests or requirements relating to you or your use of the Site or information provided to or gathered by Company with respect to you or such use.
If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision or statement that most closely matches the intent of the original provision and the remainder of these Terms will continue in effect.
Unless otherwise specified herein, these Terms constitute the entire agreement between the user and Company with respect to the Site and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Company with respect to the Site. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Force Majeure
The Company shall not be liable to trader for any claims, losses, damages, costs or expenses, including attorneys’ fees, caused, directly or indirectly, by any events, actions or omissions, including, without limitation, claims, losses, damages, costs or expenses, including attorneys’ fees, resulting from civil unrest, war, insurrection, international intervention, governmental action (including, without limitation, exchange controls, forfeitures, nationalizations, devaluations), natural disasters, acts of God, market conditions, pandemic, epidemic, inability to communicate with any relevant person or any delay, disruption, failure or malfunction of any transmission or communication system or computer facility, whether belonging to the Company, Trader, or third-party service provider.
Survivability
The representations, warranties, duties, and covenants made by you under this Agreement will survive the termination of this Agreement or the Services, including, but not limited to your duty to indemnify and defend the Company.
Severability
In the event that any term or condition of this Agreement is deemed invalid or unenforceable by the court of competent jurisdiction, the remaining terms and conditions of this Agreement will remain in full force and effect.
Interpretation
This Agreement will be deemed to have been drafted by both parties, and the terms and conditions of this Agreement will not be interpreted against its drafter.
Assignment
You are expressly prohibited from assigning your rights and duties under this Agreement. The Company reserves the right to assign its rights and duties under this Agreement, including in a sale of the Company or its Services.
Waiver
No term or condition of this Agreement or breach of this Agreement will be deemed to have been waived or consented to, unless said waiver is in writing and signed by the party to be charged.
Entire Agreement
This Agreement contains the entire agreement between the Company and the trader regarding the use of the Services and supersedes all prior understandings, agreements, or representations between the Company and Trader, whether written or oral.
Changes to Terms
Company reserves the right, in its sole discretion, to change the Terms under which this Site is offered. The most current version of the Terms supersedes all previous versions. Company encourages you to periodically review the Terms to keep informed regarding any updates. Your continued use of our Website and/or Services available after any such modifications will constitute your: (a) acknowledgment of the revised Terms of Use; and (b) agreement to abide and be bound by such Terms of Use as revised.
Contact Information
If you have any questions regarding these Terms of Use, please contact us by filling out the form available on our website or by sending an email to help@tycoonfunded.com.
Effective Date: February 7, 2025.
Code: MIDSUMMER – 40% Off ALL Accounts + BOGO Upon First Payout