TERMS & CONDITIONS
Welcome to OneUpTrader (“Website”), owned, operated, or licensed by OneUp Trader (“Company”). Company provides you (“you” or the “User”) with a limited license to use the Website subject to the terms contained within this Terms and Conditions of Use Agreement (“Agreement”).
This Agreement is a legally binding contract, and you have a duty to read this Agreement before using the Website. Through your use of the Website, you manifest your assent to the Terms and Conditions contained within this Agreement. If you do not agree to the Terms of this Agreement, you must immediately cease your use of the Website.
Company reserves the right to suspend, replace, modify, amend, or terminate this Agreement at any time and within its sole and absolute discretion. In the event Company replaces, modifies, or amends this Agreement, your continued use of the Website after a change in the Effective Date above will constitute your manifestation of assent to, and agreement with any replacement, modification, or amendment to this Agreement.
Submission of Personal Information
By using this Website, you warrant that you at least eighteen (18) years old and are of sound mind and that you have the capacity to agree to and uphold the terms and conditions contained within this Agreement. If you use the Website on behalf of a business entity or other third-party, then you warrant 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 warrant that your use of this Website 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 warrant that you are not prohibited from entering into this Agreement by the terms of any preexisting agreement.
You acknowledge and agree that the Website is the property of or is licensed by Company and that it is protected under United States and international laws, including, but not limited to intellectual property laws and other personal and proprietary rights. You acknowledge and agree that your use of this Website is limited by the license granted under the terms of this Agreement, and you expressly agree that you will not use the Website in any manner that is not expressly authorized under the terms of this Agreement. Company reserves all of its rights not expressly granted through this Agreement.
Company provides you with limited, non-exclusive, non-sublicensable, non-assignable, revocable, and royalty-free license to use the Website for its customary and intended purposes. You are expressly prohibited from scraping, framing, hacking, reverse engineering, crawling, or aggregating the Website, whether in whole or in part, without the prior written consent of the Company. The foregoing prohibition on crawling or aggregating does not apply to search engines that appropriately comply with Company robots.txt file.
This license is revocable at any time, and any rights not expressly granted in this Agreement are reserved for the Company.
Download of Software and Files
Should Company allow you to download any software or files from the Website, said software and files are licensed to you by Company only for your personal and noncommercial use. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the software and files to any other form whatsoever.
You are expressly prohibited from using the Website to violate any law, statute, ordinance, regulation, or treaty, whether local, state, provincial, national, or international, or to violate the rights of a third-party, including, but not limited to intellectual property rights, privacy rights, rights of publicity, or other personal or proprietary rights.
Additionally, you are expressly prohibited from scraping, crawling, framing, posting unauthorized links to, aggregating, hacking, performing denial of service (DOS) attacks on, reverse engineering, or circumventing technological protection measures of the Website.
You are also prohibited from using the Website to transmit unsolicited commercial emails to third parties or users of the Website, including stored information provided through the Website’s search function and database, obtaining or mining the personal data of third parties or users of the Website, harassing or defaming third parties or users of the Website, posting obscene, sexually explicit, or pornographic content to the Website, or using the Website to promote bodily harm or emotional distress to third parties or users of the Website. While Company is not responsible for any such content posted by its users and does not have the affirmative obligations to monitor such content, it does reserve the right to remove them.
Company engages in general trader education and training and providing an entertainment services. The intent of Company is to identify individuals with a talent for trading. No live trading is provided directly by OneUp Trader.
Although 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. Company does not invite the User to take any action based upon any of the information and materials provided on the Website; you should not construe any such data, information, or content as investment, financial, tax, legal, or other kind of advice.
Company further does not make any representations that any data, information, and content on this 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 this Website.
While OneUp Trader does not provide you with the opportunity to invest actual currency, OneUpTrader 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 an financial advisor and/or tax advisor.
Not all users will qualify for an account with OneUp Trader, certain geographic restrictions apply. Refer to the sign-up page for more details if your geographic location qualifies.
When completing the registration process, you agree to provide truthful and accurate information. In addition, in its sole discretion, Company may refuse to grant a particular username. Before creating your account, you may or may not have to agree to an additional set of terms and conditions before fully completing the registration process.
The account will be personal to you, and you cannot share it with anybody else. 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 Company.
Purchases and Refunds
Company may provide products, services, subscriptions, or access to certain portions to the Website at a monetary cost. Except for services, subscriptions, or accesses subject to Section 9 of this Agreement, prices and availability are subject to change without notice. Company may allow for such purchases within its Website or may connect you to a third-party affiliate. At such time, you will be directed to a third-party website in order to make the purchase. If making a purchase through said third-party website, your purchase may or may not be governed by the terms and conditions of that website. It is your responsibility to thoroughly read and understand any such terms and conditions. By making any such purchases, you agree that Company has no responsibility and acquires no liability for any claim related to your purchases on any such third-party websites.
Upon placing an order for a product, service, subscription, or access to a certain portion of the Website, you agree to pay the purchase price that will be included in the order summary page or similar ordering display. Company or its third-party affiliates may use the services of third-party payment processors to process credit cards or other accepted methods of payment. At such time, your use of credit cards or other accepted methods of payment may be subject to additional terms and conditions that you are solely responsible for reading and understanding.
Upon the complete purchase of a product, service, subscription, or access to certain portions of the Website, Company will make any said product, service, or access will be available to you immediately following approved transaction.
Any products purchased will have a 30-day refund policy. Any one-time service, subscription, or access purchases will be non-refundable. Cancellation of any reoccurring service, subscription, or access purchases will be subject to Section 9 of this Agreement.
Some services, subscriptions, or accesses as mentioned in Section 8 of this Agreement may be paid for through monthly reoccurring billing. By agreeing to such monthly reoccurring billing, you authorize Company to charge your then-selected method of payment on a monthly basis.
Within its sole discretion, Company may adjust pricing of its services, subscriptions, or accesses that are subject to this Section 9 of this Agreement. Except as otherwise expressly provided for in this Agreement, any price changes will take effect following an email notice to you.
Once then-made, monthly payments are nonrefundable. Cancellations for any then-future monthly payments may be made at any time.
You may cancel the Company’s services at anytime and cease all future monthly payment. Such cancellation must be made at least three (3) businesses days in advance of your billing cycle by sending an email to email@example.com with the subject line “Cancellation of Subscription” or by using the user interface here. Your billing cycle starts on the day you create your account and runs for a period of thirty (30) days thereafter.
Company will display the guidelines associated with its virtual trading education, training, and entertainment services on the Website. These guidelines, which may change from time to time in Company’s sole discretion, are incorporated in whole into this Agreement. Company makes absolutely no promise, guarantee, or warranty, express or implied, as to any promise to future employment as a trader, monetary payments, or any other type or kind of compensation or award for your performance on the Website.
You acknowledge and agree that any and all trademarks, trade names, design marks, or logos displayed on the Website by Company, are common law or registered trademarks owned by or licensed to Company. You are expressly prohibited from using the trademarks of Company to cause confusion, cause mistake, deceive consumers, or from falsely designating the origin of, source of, or sponsorship of your goods or services. You are further prohibited from using the trademarks of Company in domain names, keyword advertisements, trigger keyword advertisements, or in meta tags. All other trademarks, trade names, design marks, or logos are the property of their respective owners.
Company will expeditiously respond to all duly issued notifications of copyright infringement that are sent to Company’s designated copyright agent pursuant to 17 U.S.C. § 512.
All notices of copyright infringement must contain the following:
- The physical or electronic signature of a person authorized to act on behalf of the copyright owner;
- Specific identification of the copyrighted works alleged to have been infringed;
- The location of the copyrighted works on the Company Website;
- The contact information of the notifying person(s) or entity, such as an address, telephone number, fax number, or email address;
- A statement that the notifying person(s) or entity has a good faith belief that the use of the allegedly infringing content is not authorized by the copyright owner, its agent, or the law; and
- A statement, under penalty of perjury, that the information in the notification is accurate and that the notifying person(s) or entity is authorized to act on behalf of the copyright owner.
Upon receipt of a notice of infringement, Company will undertake reasonable steps to contact the poster of the allegedly infringing content so that the poster may issue a counter-notification. All counter notifications must contain the following:
- Identification of the specific materials that have been removed from the Website;
- The contact information of the notifying person(s) or entity, such as an address, telephone, fax number, or email address;
- A statement, under penalty of perjury, that the notifying person(s) or entity has a good faith belief that the content was removed as a result of mistake or misidentification;
- A statement that the notifying person(s) or entity has consent to the jurisdiction of the federal district court in which the notifying person(s) or entity address is located or, if outside of the United States, that the notifying person(s) or entity has consent to the jurisdiction of the federal courts where your service provider is located;
- A statement that the notifying person(s) or entity will accept service of process from the notified party; and
- The notifying person’s(s) or entity’s physical or electronic signature.
All notices of infringement and counter-notifications may be sent to firstname.lastname@example.org.
You acknowledge and agree that the Website may contain links to third-party websites or content that Company does not own or control. You are advised to review the terms and conditions of any third-party websites or content linked to through the Website, and you agree that Company will not be responsible for websites not under the ownership or control of Company. Company specifically disclaims any responsibility for the content available on any other websites linked to the Website. Your use of or access to any other websites linked to the Website is at your own risk.
United States Government Required Disclosure – Commodity Futures Trading Commission (CFTC)
Futures and options trading has large potential rewards, but also large potential risk. You must be aware of the risks and be willing to accept them in order to invest in the futures and options markets. Do not trade with money you cannot afford to lose. This is neither a solicitation nor an offer to buy/sell futures or options. No representation is being made that any account will or is likely to achieve profits or losses similar to those discussed on this web site. The past performance of any trading system or methodology is not necessarily indicative of future results.
CFTC Rule 4.41 – Hypothetical or simulated performance results have certain limitations. Unlike an actual performance record, simulated results do not represent actual trading. Also, since the trades have not been executed, the results may have under-or-over compensated for the impact, if any, of certain market factors, such as lack of liquidity. Simulated trading programs in general are also subject to the fact that they are designed with the benefit of hindsight. No representation is being made that any account will or is likely to achieve profits or losses similar to those shown.
Securities and Exchange Commission (SEC) Disclosure
Company does not promote any stocks on this Website. Company does not receive any compensation from companies whose stocks appear on this Website. Company does not have any financial interest in the outcome of any stock trades mentioned in the Website.
Term and Termination
The term of this Agreement will begin when you first access this Website and will continue until either the Company terminates your access to the Website or you stop using the Website.
Company reserves the right to terminate the Website or your access to the Website in its sole and absolute discretion and without prior notice.
Disclaimer of Warranties and Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT THE WEBSITE IS PROVIDED ON AN “AS-IS” BASIS AND WITHOUT WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF TITLE, MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, AND NON-INFRINGEMENT. WHEREVER PERMITTED BY LAW, YOU ACKNOWLEDGE THAT COMPANY WILL NOT BE HELD RESPONSIBLE OR LIABLE FOR ANY CLAIMS, DAMAGES, JUDGMENTS, CHARGES, OR FEES ARISING OUT OF OR RELATED TO INFORMATION ON THE WEBSITE AND YOUR USE OF OR ACCESS TO THE WEBSITE, INCLUDING, BUT NOT LIMITED TO COMPENSATORY DAMAGES, CONSEQUENTIAL DAMAGES, SPECIAL DAMAGES, INCIDENTAL DAMAGES, PUNITIVE DAMAGES, EXEMPLARY DAMAGES, COSTS AND ATTORNEYS’ FEES, DAMAGES ARISING OUT OF ERRORS OR OMISSIONS, AND DAMAGES ARISING OUT OF THE UNAVAILABILITY OF THE WEBSITE OR DOWNTIME. YOU ACKNOWLEDGE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK AND THAT COMPANY’S LIABILITY IS LIMITED TO THE AMOUNT THAT YOU PAID TO USE THE WEBSITE OR $1,000, WHICHEVER IS LESS.
You agree to indemnify, defend, and hold harmless Company, its officers, shareholders, directors, employees, subsidiaries, affiliates, and representatives from any and all losses, including, but not limited to costs and attorneys’ fees arising out of or related to your use of the Website; your violation of any term or condition of this Agreement; your violation of the rights of third parties, including but not limited to intellectual property rights or other personal or proprietary rights; and violation of any law, statute, ordinance, regulation, or treaty, whether local, state, provincial, national or international.
Your obligation to defend Company will not provide you with the ability to control Company’s defense, and Company reserves the right to control its defense, including its choice of counsel and whether to litigate or settle a claim subject to indemnification.
You acknowledge and agree that any controversy or claim arising out of or related to this Agreement, including any claim or controversy concerning interpretation of this Agreement or your use of this Website, will be settled by arbitration pursuant to the most recently effective commercial arbitration rules of the Swiss Arbitration Association (ASA). This arbitration proceeding will be decided by a single arbitrator randomly selected from a list of neutral arbitrators maintained by the Swiss Arbitration Association. Judgement on any award rendered by the arbitrator may be entered in any court of competent jurisdiction. The arbitrator will be provided with the right to award costs and attorneys’ fees to the prevailing party. This arbitration will be held in Switzerland and both Company and User agree that they will be required to be present in Switzerland for arbitration under the terms of this Agreement and hereby submit to exclusive personal jurisdiction in Switzerland. The arbitrator will apply the laws of Switzerland in deciding any controversy or claim pursuant to this Section 20 of this Agreement.
Company will not be responsible for any delay or failure in performance of the Website arising out of any cause beyond Company’s control, such as acts of God, war, riots, fire, terrorist attacks, power outages, severe weather, or other accidents.
The representations, warranties, duties, and covenants made by you under this Agreement will survive the termination of this Agreement or the Website, including, but not limited to your duty to indemnify and defend the Company.
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.
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.
You are expressly prohibited from assigning your rights and duties under this Agreement. Company reserves the right to assign its rights and duties under this Agreement, including in a sale of Company or its Website.
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.
This Agreement contains the entire agreement between Company and the User regarding the use of this Website and supersedes all prior understandings, agreements, or representations between Company and User, whether written or oral.