Terms & Conditions - Prosper Trading Academy

By entering, using, or connecting the Prosper Trading Academy LLC (“Prosper” or “Company) Website (https://www.prospertrading.com), you (the user) agree that you have read, understand and accept the terms and conditions as set forth herein.

Prosper is solely an educator providing training on the theory of analyzing financial markets. Prosper’s services and products are for illustrative, informational and educational purposes only. By connecting to the web site, you acknowledge that you understand Prosper’s mission. Prosper does not provide trading advice. Rather, it provides training based on its theoretical analysis of markets and then provides theoretical examples of how a trader might choose a trade based on the theories taught by Prosper. Each and every trade example shown by Prosper is hypothetical and subject to the limitations of hypothetical results stated below.

Copyright Notice

The copyright in all material provided on Prosper ‘s websites (“Sites”) and in its course materials is held by Prosper or by the original creator of the material. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted, transmitted or retransmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Prosper or the copyright owner.

Permission is granted to display, copy, distribute and download the materials on these Sites for personal, non-commercial use only provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials.

You may not, without Prosper ‘s permission, “mirror” any material contained on these Sites on any other server. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you will immediately destroy any downloaded and printed materials.

Any unauthorized use of any material contained on these Sites may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

1. Risk Disclosure

PAST PERFORMANCE IS NOT NECESSARILY INDICATIVE OF FUTURE RESULTS. HYPOTHETICAL PERFORMANCE RESULTS MAY HAVE MANY INHERENT LIMITATIONS, SOME OF WHICH ARE DESCRIBED BELOW. NO REPRESENTATION IS BEING MADE THAT ANY ACCOUNT WILL OR IS LIKELY TO ACHIEVE PROFITS OR LOSSES SIMILAR TO THOSE SHOWN. IN FACT, THERE ARE FREQUENTLY SHARP DIFFERENCES BETWEEN HYPOTHETICAL PERFORMANCE RESULTS AND THE ACTUAL RESULTS SUBSEQUENTLY ACHIEVED BY ANY PARTICULAR TRADING PROGRAM.

ONE OF THE LIMITATIONS OF HYPOTHETICAL PERFORMANCE RESULTS IS THAT THEY ARE GENERALLY PREPARED WITH THE BENEFIT OF HINDSIGHT. IN ADDITION, HYPOTHETICAL TRADING DOES NOT INVOLVE FINANCIAL RISK, AND NO HYPOTHETICAL TRADING RECORD CAN COMPLETELY ACCOUNT FOR THE IMPACT OF FINANCIAL RISK IN ACTUAL TRADING. FOR EXAMPLE, THE ABILITY TO WITHSTAND LOSSES OR TO ADHERE TO A PARTICULAR TRADING PROGRAM IN SPITE OF TRADING LOSSES ARE MATERIAL POINTS WHICH CAN ALSO ADVERSELY AFFECT ACTUAL TRADING RESULTS. THERE ARE NUMEROUS OTHER FACTORS RELATED TO MARKETS IN GENERAL OR TO THE IMPLEMENTATION OF ANY SPECIFIC TRADING PROGRAM WHICH CANNOT BE FULLY ACCOUNTED FOR IN THE PREPARATION OF HYPOTHETICAL PERFORMANCE RESULTS AND ALL OF WHICH CAN ADVERSELY AFFECT ACTUAL TRADING RESULTS.”

RISK DISCLOSURE AND DISCLAIMER STATEMENT

The risk of loss in trading commodity futures contracts (commodities and futures) can be substantial. You should, therefore, carefully consider whether such trading is suitable for you in light of your circumstances and financial resources.

Commodities and futures trading have large potential risks, in addition to any potential rewards. You must be aware of the risks and be willing to accept them in order to invest in the futures or commodities markets. Do not trade with money you cannot afford to lose. Prosper’s services are neither a solicitation nor an offer to buy or sell commodity, futures or any other financial interests. Past Performance of any trading methodology is not necessarily indicative of future results. Any and all methodologies, patterns, statements, opinions, products, materials, services or webinar rooms are for informational, illustrative and educational purposes only and are not to be construed as specific advisory recommendations. Should you use information or training provided by Prosper in an actual trading account, Prosper is not responsible for any trades that you may take or any losses that you may incur. You should consult your broker or financial advisor before placing any such trades.

Furthermore, you should be aware of the following points:

2. SECURITIES NOTICE

Prosper is neither a broker/dealer nor registered investment advisor under United States federal securities law or securities laws of other jurisdictions, and does not advise individuals as to the advisability of investing in, purchasing or selling securities or other financial products or services. Nothing contained in Prosper’s service constitutes an offer or solicitation to buy or sell any security. Prosper does not endorse or recommend any particular financial products or services. Nothing contained in the service is intended to constitute professional advice, including but not limited to, investment or tax advice.

Prosper does not and will not provide any investment advice with respect to any investment decision or strategy with respect to any of the securities or other financial products described on the Website. Furthermore, you acknowledge and agree that Prosper is not soliciting any investment in any of the securities or other financial products described on the Website. You understand that any investment in such securities or other financial products involves risk of loss and you may lose some or all of or more than your investment and that you and your agents and advisors are solely responsible for determining the suitability of any investment. You understand that none of the information contained on the Website constitutes investment, financial, tax, legal or other advice, and that you should consult your own investment, financial, tax, legal or other advisors before investing in any of the securities described on the Website.

3. INVESTMENT MANAGER DATA

Prosper may offer content from third parties on the Website. This content may include types of investments made by certain investment managers, hedge funds, investor qualifications and certain limited historical performance information (the “Manager Data”). Prosper is granting you a revocable, non-exclusive, non-transferable, limited license/right to access the Manager Data on the Website only for your personal use. In no event shall you publish, retransmit, redistribute or otherwise reproduce any Manager Data in any format to anyone, and you shall not use any Manager Data in or in connection with any business or commercial enterprise, including, without limitation, any securities, investment, accounting, banking, legal or media business or enterprise.

You acknowledge and agree that the Company does not guarantee the availability of any data on the Website at any time and that access to the information contained on the Website may be limited or unavailable due to a number of factors, including, but not limited to, periods of peak demand, system upgrades, failure of communications, acts of war or terrorism and other factors both within and without Prosper ‘s control. The Company reserves the right to suspend, deny access to or otherwise limit the information made available on the Website at any time and from time to time in its sole and absolute discretion and without prior notice. You understand that the Manager Data may not be current and may quickly become unreliable for a number of reasons, including changes in market conditions or the financial condition of the investment managers or hedge funds. The Company has no obligation to update any of the Manager Data or provide notice of any such change.

4. QUOTES, E-MAIL AND TEXT ALERTS.

Quotes for stock, bond, index, futures, foreign exchange and other investment instruments (“Quotes”) appearing on the service are supplied by Yahoo! Finance, Google Finance, EZ Texting and Xignite (the “Quote Vendors”). Unless otherwise indicated, Quotes are delayed at least 15 minutes. Quotes indicated as “real-time quotes” are made available without delay following their receipt from Quote Vendors. Your actual receipt of real-time quotes may be affected by delays in transmission over the Internet, and by other causes. All Quotes are labeled with “time of last trade” to indicate the timeliness of the data.

All information provided by Quote Vendors and their affiliates (the “Quote Vendors Information”) included in the service is owned by or licensed to Quote Vendors and their affiliates and any user is permitted to store, manipulate, analyze, reformat, print and display the Quote Vendors Information only for such user’s personal use. In no event shall any user publish, retransmit, redistribute or otherwise reproduce any Quote Vendors Information in any format to anyone, and no user shall use any Quote Vendors Information in or in connection with any business or commercial enterprise, including, without limitation, any securities, investment, accounting, banking, legal or media business or enterprise. Prior to the execution of a trade based upon the Quote Vendors Information, you are advised to consult with your broker or other financial representative to verify pricing information. Neither Quote Vendors nor their affiliates make any express or implied warranties (including, without limitation, any warranty or merchantability or fitness for a particular purpose or use) regarding the Quote Vendors Information. The Quote Vendors Information is provided to the users “as is.” Neither Quote Vendors nor their affiliates will be liable to any user or anyone else for any interruption, inaccuracy, error or omission, regardless of cause, in the Quote Vendors Information or for any damages (whether direct or indirect, consequential, punitive or exemplary) resulting therefrom.

5. NO REFUNDS, EXCHANGES OR RETURNS.

If you decide to purchase a course or training materials from Prosper, you agree that there will be NO REFUNDS, NO EXCHANGES, and NO RETURNS. All sales are final and there are no refunds in whole or in part.

6. HONESTY AND PERSONAL CONDUCT BY STUDENTS

After a student enrolls in a course at Prosper Trading Academy, the student is required to complete a questionnaire about his/her background. If a student fails to honestly answer the questions posed by the questionnaire, such student will be subject to expulsion as a student and the student will not be entitled to any refund. Further, all students must conduct themselves civilly in all on line chat rooms. If a student makes disparaging and/or inappropriate remarks about any matter or any person at any time, the instructor in that class has the absolute right, in his sole discretion, to ban such student from the classroom, either temporarily or permanently, and such banned student will not receive a refund of any sort.

7. THIRD PARTY LINKS AND ADVERTISERS.

On occasion, the Sites may contain links to third parties and/or advertisers. Prosper is not responsible for the material contained on any other web site and does not vouch for the quality or accuracy of any information from any third party or advertiser. You, the user, are solely responsible for any action taken as to information provided by a third party or advertiser.

TD Ameritrade, Inc. (“TD Ameritrade”) has entered into a Marketing Partner Agreement with Prosper Trading Academy, LLC. (“Marketing Representative”) whereby TD Ameritrade compensates Marketing Representative for recommending TD Ameritrade as an executing broker. The existence of this Marketing Partner Agreement should not be deemed as an endorsement or recommendation of Marketing Representative by TD Ameritrade and/or any of its affiliated companies. Neither TD Ameritrade nor any of its affiliated companies is responsible for the privacy practices of Marketing Representative or this website. TD Ameritrade does not warrant the accuracy or content of the products or services offered by Marketing Representative or this website. Use of this website and its services and/or products is the decision of and at the discretion of the individual or entity choosing this service and/or product. TD Ameritrade makes no guarantees or warranties of any kind of the products or services offered by Marketing Representative or by or through this website and shall have no liability therefore.

8. GOVERNING LAW; VENUE.

This Agreement and any services hereinafter provided by Prosper, shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to conflict of laws rules, statutes or principles. The provisions of the United Nations Convention on the International Sale of Goods and the Uniform Computer Information Transactions Act, however designated, are excluded and shall not apply to this Agreement or any transactions hereunder.

You irrevocably agree and consent to submit to the personal and exclusive jurisdiction of the state or federal courts located within the City of Chicago, Cook County, Illinois for the purpose of litigating any and all claims or disputes regarding or related to this Agreement. If you bring an action, you will bring such action in the state courts or federal courts located within the City of Chicago, Cook County, Illinois. You agree that Prosper makes and will perform this Agreement in Chicago, Illinois.

9. Miscellaneous.

This Website and all information on this Website or any other information has been prepared solely for informational and educational purposes and is not a solicitation, or an offer to buy or sell any security, commodity, futures contract, option interests or the like. The information has been compiled in good faith and from sources believed to be reliable, but is not guaranteed as to its accuracy, timeliness, or completeness. The information does not purport to be a complete description of the securities, commodities, futures, options, markets, or developments referred to in this website or in any of the materials. All expressions of opinion are subject to change without notice. The information has been compiled and obtained from internal sources and external sources, which we consider and believe to be reliable, but is not guaranteed as to its accuracy, timeliness, or completeness and we have not independently verified such information. Therefore, we assume no responsibility for errors or omissions. We do not undertake to advise you of any changes whatsoever.

The user agrees that neither Prosper nor any other entities associated with Prosper or this website shall be liable for any direct, indirect, consequential or any other loss arising from the use of this Website, or the use of any other information or material. The user also agrees that in no event shall Prosper or any other entities associated with Prosper or this Website, be held liable for any damages, of any kind, including by not limited to, loss of profits, lost savings, or other incidental or consequential damages. Our employees, clients, company and or officers and directors, may from time to time have positions in any of the instruments or investments described or discussed on our website or in our materials.

In whole or in part, the information available on this Website is the property of Prosper and/or its affiliates and is protected by copyright and other intellectual property laws. Except as stated herein, you agree not to copy, record, video, photograph, reproduce, distribute, sell, share, disseminate, display, project, publish, post, upload, broadcast, circulate, transmit, retransmit, or the like any of the material or information (in whole or in part) in any form or by any means, including by not limited to, electronic, mechanical, photocopying, recording, or otherwise to anyone, without the express prior written consent of Prosper or the copyright owner. Prosper may change or discontinue the service of this Website at any time without any notice.

ACCEPTANCE OF RISK AND RELEASE OF LIABILITY.

You agree not to hold Prosper responsible in any way for any monetary or non-monetary damages (including but not limited to, stress, emotional suffering and other injuries) and/or losses resulting from the use of any information, materials, services, products, websites or other material made available or offered by Prosper. Furthermore, no guarantee is made that any of the information, materials, services, products, Sites, signals, methods, analysis, techniques or anything else offered by Prosper will be profitable or will not result in losses.

ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the parties hereto, and cannot be changed or terminated except by a written agreement signed by the parties and shall inure to the benefit of the parties’ successors and assigns.

COSTS AND EXPENSES. Any costs and expenses incurred by Prosper (including, without limitation, reasonable attorneys’ fees) in enforcing any of its rights or remedies under this Agreement or in any litigation or lawsuit, including collection of any outstanding balances due, shall be paid by you the user..

NO WAIVER OF RIGHTS. Failure to exercise any right by Prosper under this Agreement does not constitute a waiver of such right, unless expressly agreed in writing.

SEVERABILITY. Each of the provisions of this Agreement is severable from every other provision of this Agreement and the invalidity or unenforceability of any one or more provisions of this Agreement shall not affect the validity or enforceability of the remaining provisions of this Agreement.