Terms of Service

Introduction

Welcome to TakeProfitTrader. This website is owned and operated by TakeProfitTrader LLC. By visiting our website and accessing the information, resources, services, products, and tools we provide, you understand and agree to accept and adhere to the following terms and conditions as stated in this policy (hereafter referred to as 'User Agreement'), along with the terms and conditions as stated in our Privacy Policy (please refer to the Privacy Policy section below for more information).

This agreement is in effect as of August 27, 2024

We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions, regardless of when you initially registered and agreed.

Responsible Use and Conduct

By visiting our website and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as 'Resources'), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.

Wherein, you understand that:

a. In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.

b. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account/s.

c. Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.

d. Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.

e. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.

f. You are solely responsible any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.

g. We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:

I. Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;

II. Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;

III. Contains any type of unauthorized or unsolicited advertising;

VI. Impersonates any person or entity, including any TakeProfitTrader employees or representatives.

We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.

h. We do not assume any liability for any content posted by you or any other 3rd party users of our website. However, any content posted by you using any open communication tools on our website, provided that it doesn't violate or infringe on any 3rd party copyrights or trademarks, becomes the property of TakeProfitTrader LLC, and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit. This only refers and applies to content posted via open communication tools as described, and does not refer to information that is provided as part of the registration process, necessary in order to use our Resources. All information provided as part of our registration process is covered by our privacy policy.

i. You agree to indemnify and hold harmless TakeProfitTrader LLC and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.

Customer Due Diligence (CDD) Policies & Procedures:

Our Customer Due Diligence (CDD) policies are designed to ensure the responsible use of our platform. As a user, you agree to provide accurate and up-to-date information during the registration process. It is your responsibility to maintain the confidentiality of your login information, and any unauthorized access or disruptive activities are strictly prohibited. We employ various communication tools, and while we do not pre-screen user-generated content, we reserve the right to remove any content that violates our Terms Of Service.

Enhanced Due Diligence (EDD) is conducted for high-risk customers. We implement ongoing monitoring of transactions, with automated systems and predefined thresholds for suspicious activities triggering further investigation. Record-keeping is a crucial aspect, and we retain customer information for a specified duration. Staff undergo regular training to understand and implement CDD procedures effectively. Reporting procedures are in place to promptly report any suspicious activities to relevant authorities.

In addition, we are committed to regulatory compliance, regularly reviewing and updating our CDD policies. Periodic audits are conducted to ensure adherence to procedures and compliance with regulatory changes. By using our services, you agree to indemnify and hold harmless TakeProfitTrader LLC from any violation of our Terms Of Service.

Anti-Money Laundering (AML) Policies & Procedures:

As part of our commitment to a secure and ethical trading environment, TakeProfitTrader LLC has implemented Anti-Money Laundering (AML) policies and procedures. Our risk-based approach involves a comprehensive risk assessment framework that categorizes customers, products, and services based on their AML risk. Internal controls are in place to detect and prevent money laundering activities, including the segregation of duties to avoid conflicts of interest.

We employ transaction monitoring with automated systems, setting thresholds for suspicious transactions and ensuring prompt investigation. Regular employee training sessions are conducted to enhance awareness and understanding of AML policies. Employees are educated on recognizing signs of money laundering, contributing to a robust internal reporting process for swift investigations and compliance with external reporting obligations.

Third-party due diligence procedures are implemented to assess and ensure the AML controls of our vendors. We communicate AML policies to our customers, encouraging them to report any suspicious activities. Regular internal and external audits are conducted to assess the effectiveness of our AML measures, with updates to policies based on audit findings and regulatory changes.

By using our services, you agree to comply with these AML policies. We recommend consulting with legal professionals to ensure adherence to relevant laws and regulations. TakeProfitTrader LLC expressly disclaims all warranties and conditions unless otherwise expressed, and the refund policy is outlined for users' reference.

Privacy Policy

This Privacy Policy explains how we collect, use, disclose, and safeguard your personal information. By accessing or using our services, you consent to the practices described in this Privacy Policy.

1. Information We Collect

We may collect certain information that you provide voluntarily when using our services. This may include personal information such as your name, email address, contact information, and any other information you choose to provide.

2. How We Use Your Information

We may use the information we collect to:

- Provide, maintain, and improve our services.
- Process transactions and send transaction notifications.
- Respond to your comments, questions, and customer service requests.
- Send you information including confirmations, invoices, technical notices, updates, and security alerts.
- Communicate with you about promotions, upcoming events, and news about products and services offered by us and our partners.
- Marketing materials posted on our social media channels.
- Share your information with third-party vendors who assist us in creating trading accounts and provide necessary services to facilitate trading and account management.

3. How We Disclose Your Information

We may disclose your personal information to third parties under the following circumstances:

- With your consent.
- To comply with legal obligations.
- To protect and defend our rights and property.
- In connection with a business transaction, such as the sale of all or a portion of our business.
- For other purposes disclosed at the time you provide your information.

4. Your Choices

You have the right to:

- Access, update, or delete your personal information.
- Opt-out of receiving promotional emails.
- Disable cookies in your browser settings.
- Withdraw consent where you have previously provided it.

5. Data Security

We implement reasonable security measures to protect your personal information from unauthorized access and disclosure. However, no data transmission over the internet or electronic storage method is 100% secure.

6. Children's Privacy

Our services are not directed to anyone under the age of 18. We do not knowingly collect personal information from individuals under 18 years of age. If you are a parent or guardian and you are aware that your child has provided us with personal information, please contact us to have that information removed.

7. Changes to This Privacy Policy

We may update our Privacy Policy from time to time. Any changes will be posted on this page, and the effective date will be stated at the beginning of the Privacy Policy.

Limitation of Warranty

By using our website, you understand and agree that all Resources we provide are 'as is' and 'as available'. This means that we do not represent or warrant to you that:

I) the use of our Resources will meet your needs or requirements.

II) the use of our Resources will be uninterrupted, timely, secure or free from errors.

III) the information obtained by using our Resources will be accurate or reliable, and

IV) any defects in the operation or functionality of any Resources we provide will be repaired or corrected.

Furthermore, you understand and agree that:

V) any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.

VI) no information or advice, whether expressed, implied, oral or written, obtained by you from TakeProfitTrader LLC or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.

Limitation of Liability

In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. TakeProfitTrader LLC will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.

Copyrights/Trademarks

All content and materials available on TakeProfitTrader, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of TakeProfitTrader LLC, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by TakeProfitTrader LLC.

Termination of Use

You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.

Responsible Trading Policy

Mindful of both regulatory requirements and the importance of effective communication, we enforce a policy wherein each customer is permitted to register only one email address. This measure not only ensures compliance with the maximum number of funded accounts policy but also facilitates seamless communication between our platform and our valued customers. Your adherence to this guideline is greatly appreciated, as it enables us to deliver timely and accurate information pertinent to your account activities.

Traders may have a maximum of 5 active PRO/PRO+ accounts simultaneously. Any account beyond this initial limit of 5 will be queued for future activation. Trader has the option to activate up to 10 passed tests every 30 rolling calendar days at Take Profit Trader.

Governing Law

This website is controlled by TakeProfitTrader LLC from our offices located in the state of Florida. It can be accessed by most countries around the world. As each country has laws that may differ from those of Florida, by accessing our website, you agree that the statutes and laws of Florida, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.

Furthermore, any action to enforce this User Agreement shall be brought in the federal or state courts located in Florida. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

Class Action Waiver and Arbitration Agreement

By agreeing to these Terms of Service, you hereby waive any right to participate in or bring a class action lawsuit against TakeProfitTrader LLC related to any dispute, claim, or controversy arising from or relating to your use of our services, including but not limited to transactions conducted through our website or mobile applications. All disputes must be resolved on an individual basis, and any relief awarded cannot affect other users. This means that you may only resolve disputes with us on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. You also hereby agree to arbitrate, on an individual basis, any claims or disputes against TakeProfitTrader LLC related to any dispute, claim, or controversy arising from or relating to your use of our services, including but not limited to transactions conducted through our website or mobile applications.

Dispute Resolution

By purchasing TakeProfitTrader's products, the user explicitly waives all rights to dispute any payments related to the products. This waiver is comprehensive and binding, and any disputes raised by the user concerning these payments will not be entertained. In the event of a dispute, the user agrees that the bank or financial institution involved shall acknowledge the terms of this agreement and return any disputed funds to TakeProfitTrader LLC without delay. This clause is established to prevent misuse of the dispute resolution process and to protect the interests of both parties.

Guarantee

UNLESS OTHERWISE EXPRESSED, TakeProfitTrader LLC EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Refund Policy

If you purchase an account with us and change your mind, we will refund you within 72 hours. This DOES NOT include accounts that have been used and/or traded. These refunds will be the amount you paid minus a $75 fee, as we are unable to recoup technology and market data fees from 3rd parties that we pay on your behalf.