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TERMS AND CONDITIONS OF SERVICES

ALL SERVICES ARE GOVERNED BY TRADE WITH THE PROS TERMS AND CONDITIONS OF SERVICES (“T&C”). ANY PROPOSAL THAT INCLUDES DIFFERENT OR ADDITIONAL TERMS INCONSISTENT HEREWITH ARE OBJECTED TO AND DISALLOWED.

Acknowledgment. By signing, I (the “Participant”) acknowledge that I have read and understand the information contained in this Enrollment Agreement and these T&C. Trade With the Pros (“TWP”) reserves the sole and exclusive right not to accept my enrollment.

Representations. I understand that the program will not prepare me to be a licensed broker or trader in the financial industry and is not to be used as an educational course for vocational purposes in any industry. However, I understand that the information provided to me is educational in nature, and is not personalized investment advice, a recommendation to buy, sell, or hold any investment, an offer to buy or sell any investment, or the provision of any other kind of advice provided by registered entities such as a broker-dealer, investment advisor, or similar entity. I acknowledge that although TWP strives to provide accurate and reliable information from sources that it believes to be reliable, TWP makes no guarantees as to the accuracy, completeness, timeliness, or correctness of any such information. I acknowledge electronic active trading is risky and unpredictable and I assume any risk associated with my electronic active trading, including any financial losses I may incur. I acknowledge and agree that any personal information provided to TWP is provided voluntarily and is received solely for the purpose of assisting me to complete my program. I acknowledge that TWP may share my personal information with its affiliates and third parties. I acknowledge that the purchase, sale, or advice regarding any security, other financial instrument, or system can only be performed by a licensed Industry representative and that neither TWP nor its representatives are licensed to make such advisements. I acknowledge all participants are encouraged to speak with a licensed representative of their choice regarding the appropriateness of investing/trading or of any particular investment/trading strategy. I acknowledge that I may not initiate recording(s) of any kind during any TWP programming. I acknowledge TWP may terminate my enrollment in the program at any time in its sole discretion if it determines I have violated any of the T&C.

Class Requirements. Participant must have taken all enrolled programs within six (6) months of signing this Enrollment Agreement. Provided classes and resources are available through TWP, all such classes and resources shall remain available for retakes, based on the provided schedule, which will be made available on twpstudentportal.com/login/. Online Live classes include, but are not limited to, Stock, Futures, Options and Forex. Online Trading Rooms include, but are not limited to, Stock, Futures, Options and Forex.

TradeFundrr. If you sign up for TradeFundrr, through TWP’s partner program, the TradeFundrr Terms of Services (“TF TOS”) will apply, found at: tradefundrr.com. If you fulfill the TradeFundrr requirements found at https://www.tradewiththepros.com/pages/funded-trader, you will be eligible for a funded trading account according to the TF TOS. Participant is not eligible for “real money” payouts on simulated trading on the TradeFundrr platform.

Payment and Financing. Participant is solely responsible for payment of any and all fees and costs associated with the Enrollment Agreement, these T&C, and Participant’s enrollment in TWP program(s), (collectively, the “Fees”). TWP offers financing options to participants for payment of Fees. TWP may, in its sole discretion and without any further obligation arising therefrom, refer participants to a third-party financing lender. In the event Participant elects to use third-party financing for the payment of Fees, Participant hereby acknowledges and agrees that TWP is not responsible for collections of Fees, and that the relationship created between Participant and a third-party lender is separate and apart from Participant’s relationship with TWP. Participant’s liability for the repayment of Fees financed by third-party lenders, and any interest charged, collection efforts or penalties on defaults that may result therefrom, are strictly limited to Participant’s relationship with the third-party lender.

Refund Policy. Upon the receipt of written notice, TWP will provide a full refund within seven (7) days of enrollment; provided the program(s) purchased has not been otherwise accessed or attended. Participant understands that once programs(s) have been accessed all agreed payments are owed. No other refunds will be issued, unless otherwise determined in the sole discretion of TWP.

Trading Risk. The risk of loss in trading is substantial. Participant may lose up to 100% of their investment, which is Participant’s sole responsibility. Participant is responsible for considering any information provided by TWP carefully and evaluating how it might relate to Participant’s decision to buy, sell or hold any investment. Such decisions must be based on Participant’s individual and independent evaluation of their financial circumstances, investment objectives, risk tolerance, liquidity needs, family commitments, and other factors, not in reliance on any information obtained from TWP.

Intellectual Property. TWP reserves the right to discontinue any products or programs that, in TWP’s opinion, infringe upon any U.S. patent, trademark or design now or hereinafter issued, registered, or existing and under which TWP is not licensed.

Disclaimer of Warranties. THE WARRANTIES SET FORTH HEREIN ARE THE ONLY WARRANTIES MADE BY TWP IN CONNECTION WITH THE PROGRAM. TWP MAKES NO OTHER WARRANTIES OR REPRESENTATIONS TO PARTICIPANT OR ANY OTHER PERSON OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PROGRAM, AND TWP SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ANY PRODUCTS RECEIVED IN THE PROGRAM ARE PROVIDED ONLY TO THE SPECIFICATIONS SPECIFICALLY SET FORTH BY TWP IN WRITING. PARTICIPANT ASSUMES ALL RISK WHATSOEVER AS TO THE RESULT OF THE USE OF THE PROGRAM. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE PROGRAM OR PRODUCTS SHALL BE TO DISCONTINUE USING THE PROGRAM OR PRODUCTS.

Limitation of Liability. No claim by Participant of any kind including, but not limited to, claims for indemnification, shall be greater in amount than the purchase price paid for the program in respect of which damages are claimed. IN NO EVENT SHALL TWP BE LIABLE TO PARTICIPANT FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, STATUTORY, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF USE, LOSS OF TIME, INCONVENIENCE, LOSS BUSINESS OPPORTUNITIES, DAMAGE TO GOOD WILL OR REPUTATION, OR LOSS OF DATA, ARISING OUT OF, OR AS A RESULT OF, THE PROGRAM, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED ON BREACH OF CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES COULD HAVE BEEN REASONABLY FORESEEN.

TWP’s Rights. If Participant should fail in any manner to fulfill the terms and conditions hereof, TWP may discontinue Participant’s enrollment in the program. Remedies provided herein shall be in addition to, and not in lieu of, other remedies that may be available to TWP.

Governing Law. This Agreement shall be construed, and the respective rights and duties of Participant and TWP shall be determined, according to the laws of the State of New York, without giving effect to its principles of conflicts of laws.

Dispute Resolution. PARTICIPANT AGREES, TO THE EXTENT PERMITTED BY APPLICABLE LAW, TO WAIVE ANY RIGHT TO TRIAL BY JURY WITH RESPECT TO ANY CLAIM, COUNTERCLAIM OR ACTION ARISING FROM THE PROGRAM, THE TERMS OF THIS ENROLLMENT AGREEMENT, OR T&C. Subject to any exceptions set forth herein, Participant hereby agrees that any dispute, controversy, or claim arising out of or relating to the program, the Enrollment Agreement, or T&C (collectively, the “Dispute”) shall be submitted to mandatory final and binding arbitration before the American Arbitration Association in New York City, New York in accordance with its Commercial Arbitration Rules and Mediation Procedures. Notwithstanding the foregoing, Participant waives the right to arbitrate any Dispute as a class action, either as a member or a representative. Class arbitration (including the presiding over any form of a representative or class proceeding) and the consolidation of claims made by more than one plaintiff are both expressly prohibited. Participant hereby agrees to arbitrate any Dispute solely on an individual basis.

No Assignment. This contract between Participant and TWP is not transferable by Participant without the prior written consent of TWP.

Compliance with Laws; Export Laws. Participant shall comply with all applicable international, national, state, regional and local laws and regulations with respect to their performance of this Agreement.

Miscellaneous. These T&C are the sole and exclusive statement of the parties’ understanding and agreement with respect to the program, notwithstanding any other terms that might be contained in any purchase order or other document received from participant or submitted to TWP. These T&C constitute the entire agreement between the parties regarding the subject matter hereof and can only be modified or changed in writing and signed by authorized representatives of both parties. No waiver by TWP of any of TWP’s T&C or any breach hereof shall constitute or be deemed to be a waiver of any such term or any such breach in any other case. No waiver shall be deemed to occur as a result of TWP’s failure to enforce any term or condition of these T&C. If any clause or portion hereof shall be held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining clauses or portions shall remain in full force and effect. The paragraph headings are for convenience only and shall not be used in interpreting or construing these T&C.

General Disclosure:

Trade With the Pros LLC (“TWP”) is a financial education provider for customers looking to build the skills and proficiency necessary for retail trading and investing in the financial markets. TWP is not a Broker-Dealer, an Investment Adviser, or any other type of business subject to regulation by the SEC, CFTC, state securities regulators or any “self-regulatory organization” (such as FINRA).

The programs and content that TWP distributes are for informational and educational purposes only. No one should consider the information disseminated by TWP to be personalized investment advice, a recommendation to buy, sell or hold any investment, an offer (or a solicitation of an offer) to buy or sell any investment, or the provision of any other kind of advice that would require TWP to register as a broker-dealer, investment adviser or similar entity. No one associated with TWP is authorized to make any representation to the contrary.

TWP provides information that its customers may use to make their own investment decisions. However, any customer will be responsible for considering such information carefully and evaluating how it might relate to that viewer’s own decision to buy, sell or hold any investment. Such decisions must be based on that customer’s individual and independent evaluation of his or her financial circumstances, investment objectives, risk tolerance, liquidity needs, family commitments and other factors, not in reliance on any information obtained from TWP.

Statements by any person (whether identified as associated with TWP or any other entity) represent the opinions of that person only and do not necessarily reflect the opinions of TWP or any other person associated with TWP.

It is possible that any individual providing information or expressing an opinion on any TWP program may hold an investment position (or may be contemplating holding an investment position) that is inconsistent with the information provided or the opinion being expressed. This may reflect the financial or other circumstances of the individual or it may reflect some other consideration. Customers of TWP programs and consumers of its content should take this into account when evaluating the information provided or the opinion being expressed.

Although TWP strives to provide accurate and reliable information from sources that it believes to be reliable, TWP makes no guarantees as to the accuracy, completeness, timeliness, or correctness of any such information. TWP makes no guarantee or promise of any kind, express or implied, that anyone will profit from or avoid losses from using information disseminated through TWP.

All investments are subject to risk of loss, which you should consider in making any investment decisions. Customers of TWP programs should consult with their financial advisors, attorneys, accountants or other qualified professionals prior to making any investment decision.

The risk of loss in trading equities, options, forex and/or futures can be substantial. You should therefore carefully consider whether such trading is suitable for you in light of your financial condition. The high degree of leverage that is often obtainable in options and futures trading may benefit you as well as conversely lead to large losses beyond your initial investment. Past results are not indicative of future results. No representation is being made that any account will or is likely to achieve profits similar to those shown.

Risk Disclosure:

All investments are subject to risk of loss, which you should consider in making any investment decisions. Viewers of Trade With the Pros programs should consult with their financial advisors, attorneys, accountants or other qualified professionals prior to making any investment decision.

The risk of loss in trading equities, options, forex and/or futures can be substantial. You should therefore carefully consider whether such trading is suitable for you in light of your financial condition. The high degree of leverage that is often obtainable in options trading may benefit you as well as conversely lead to large losses beyond your initial investment. Past results are not indicative of future results. No representation is being made that any account will or is likely to achieve profits similar to those shown.

Testimonial Disclosure:

The aforementioned testimonials are made by individual subscribers to Trade With the Pros services. The experience of these individuals may not be representative of the experience of other subscribers, like yourself. In addition, the aforementioned testimonials do not guarantee future success by using such services. No consideration was paid to the individuals that submitted these testimonials.