Terms of Use

Welcome to toptiertrader.com. The toptiertrader.com website (the Site) is comprised of various web pages operated by Top Tier Trader, LLC (TopTier Trader). toptiertrader.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the Terms). Your use of toptiertrader.com constitutes your 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 TopTier Trader Site shall mean all services and interactions made by TopTier Trader. toptiertrader.com is an E-Commerce Site. The products and services offered on this Site are not in any way intended to be considered an investment. TopTier Trader provides opportunities for Traders to receive funding by proving their skills in trading by passing evaluations with specific goals that must be achieved in order to pass the evaluations. Privacy

Privacy

Your use of toptiertrader.com is subject to TopTier Traders Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications

Visiting toptiertrader.com or sending emails to TopTier Trader 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 and on the 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 TopTier Trader is not responsible for third-party access to your account that results from theft or misappropriation of your account. TopTier Trader and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content at our sole discretion. For any evaluation programs that a client is provided through our website, under no circumstances is the client able to change the password to the demo trading account. Any changes to the password will result in a breach of these Terms of Use and will count their evaluation as failed.

Funded Account Terms

Evaluation accounts provided by TopTier Trader are subject to 1:100 FOREX leverage, while funded accounts are subject to 1:100 FOREX leverage as is the industry standard for live accounts. All other instrument leverages are subject to the sole discretion of TopTier Trader and what is deemed reasonable by TopTier Trader to provide to clients based on risk management.

Children Under Eighteen

TopTier Trader does not knowingly collect, either online or offline, personal information from persons under the age of Eighteen. If you are under 18, you may use toptiertrader.com only with the permission of a parent or guardian.

Links to Third Party Sites/Third Party Services

toptiertrader.com may contain links to other websites (Linked Sites). The Linked Sites are not under the control of TopTier Trader and TopTier Trader 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. TopTier Trader is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by TopTier Trader of the site or any association with its operators.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use toptiertrader.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to TopTier Trader that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other parties " 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.

International Users

The Service is controlled, operated, and administered by TopTier Trader from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the TopTier Trader Content accessed through toptiertrader.com in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.

Legal and Market Compliance

TopTier Trader takes compliance with relevant statutes, regulations, and judgments seriously and asks our customers to do the same. Predatory trading practices that interfere with the functioning of the real market are banned on our platform. For further guidance on predatory trading practices that do not comply with the functioning of the real market, visit our compliance guide.

Indemnification

You agree to indemnify, defend and hold harmless TopTier Trader, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorneys 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 any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. TopTier Trader 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 will fully cooperate with TopTier Trader in asserting any available defenses.

Arbitration

Any dispute arising out of or related to these Terms will be resolved solely through final and binding arbitration, under the rules of the American Arbitration Association. This arbitration will take place in a mutually agreed upon location and will be conducted by a single arbitrator. The arbitrator" s decision will be final and binding, and no party shall have rights for appeal.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH " S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE, AND/OR REPRESENTATIVE PROCEEDING.

Disclaimers

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE ARE PROVIDED " AS IS" AND WITHOUT WARRANTIES OF ANY KIND. TOP TIER TRADER DISCLAIMS ALL WARRANTIES TO THE FULLEST EXTENT PERMITTED BY LAW.

Termination/Access Restriction

TopTier Trader reserves the right, in its sole discretion, to terminate your access to all or part of the Site, with or without notice. Reasons for such termination shall include, but not be limited to, breaches or violations of the Terms or other incorporated agreements or guidelines, requests by law enforcement or other government agencies, a request by you (self-initiated account deletions), discontinuation or material modification of the Site or any service offered on or through the Site, unexpected technical issues or problems, and extended periods of inactivity.

Changes to Terms

TopTier Trader reserves the right, in its sole discretion, to change the Terms under which toptiertrader.com is offered. The most current version of the Terms will supersede all previous versions. TopTier Trader encourages you to periodically review the Terms to stay informed of our updates. These Terms are effective as of September 28, 2021

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LLC

All content published and distributed by TopTier Trader, LLC and its affiliates (collectively, the Company) is to be treated as general information only. None of the information provided by the Company or contained herein is intended as investment advice, an offer or solicitation of an offer to buy or sell, or a recommendation, endorsement, or sponsorship of any security, company, or fund. Use of the information contained on the Company’s websites is at your own risk and the Company and assumes no responsibility or liability for any use or misuse of such information. Nothing contained herein is a solicitation or an offer to buy or sell futures, options, or forex. Past performance is not necessarily indicative of future results. Hypothetical or simulated performance results have certain limitations. Unlike an actual performance record, simulated results do not represent actual trading. Also, because the trades have not actually 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 profit or losses similar to those shown.

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