TERMS AND CONDITIONS

This document constitutes the legally binding Terms and Conditions ("T&C") agreement between FundMeNow FX ("the Company") and you ("the Client") in connection with your use of FundMeNow FX's online forex demo trading platform and related services ("the Services"). By accessing or using the Services, you acknowledge and agree to be bound by these T&C.
THE PRODUCTS AND SERVICES OFFERED ON THIS SITE ARE NOT IN ANY WAY INTENDED TO BE CONSIDERED AN INVESTMENT. FundMeNow FX provides different evaluation plans and programs intended for traders to try proving their trading skills in simulated trading by passing the assessments with specific goals that must be achieved in order to pass the evaluations. It is important that you read and understand these T&C before proceeding.

Other Policies
These Terms do not alter in any way the Terms or Conditions of any other agreement you may have with us for products, services, programs or else. Additional policies and terms may apply to use of specific portions of a Site and to the purchase of certain services and are included as part of these Terms whether they reference these Terms or not. Other types of agreements and policies that you may be subject to include, but are not limited to:
– FundMeNow FX’s FAQs, as amended from time to time and which are incorporated by reference and made a part of these Terms. By agreeing to these Terms, you are agreeing to abide to all rules identified within the FAQ and other sources within the website.
The Refund PolicyThe Privacy Policy

Client Eligibility
1. You must be at least 18 years of age or of the legal age of majority in the jurisdiction where you reside and possess the legal capacity to enter into a contract with the Company.
2. You must provide accurate and complete information during the registration process. The Company reserves the right to refuse or terminate your account if any information provided is found to be false, misleading, or incomplete.
3. You agree to operate the Account alone and not allow anyone else to operate on your behalf.

Minors
FundMeNow FX does not knowingly collect, either offline or online, any personal information from individuals under the age of thirteen. If you are under the legal age of eighteen, you are prohibited from the use of the services and any interactions with FundMeNow FX. By accessing our services, you agree to hold us harmless for any actions or consequences resulting from your failure to comply with our age restrictions.

Trading Account
1. Upon successful registration, you will be provided with a unique simulated trading account ("the Account") to access the Services. The Account is non-transferable and shall be used exclusively by you.
2. You are responsible for maintaining the confidentiality and security of your Account login details. You accept full responsibility for all activities that occur under your Account.
3. You acknowledge and understand that the Account is a demo trading account and is provided for educational and testing purposes only. No real funds are managed, and no actual financial transactions take place on the Account.
4. You acknowledge and understand that FundMeNow FX does not operate on live markets. The trading platform and data provided are simulated and for educational purposes only.
5. You acknowledge that FundMeNow FX is not responsible for third party access to your account that results from theft or misappropriation of your account.

Risks and Disclaimers
1. You acknowledge and understand that forex trading involves substantial risks and that there is no guarantee of profit. You are solely responsible for making trading decisions and assume all risks associated with your trading activities.
2. The Company does not provide any financial or investment advice. You agree that any information, analysis, or recommendations provided by the Company are for informational purposes only and should not be considered as financial advice.
3. You acknowledge that past performance is not indicative of future results and that any historical data or simulations provided by the Company are not a guarantee of future success.

Market and Legal Compliance
1. FundMeNow FX places a significant emphasis on adhering to applicable laws, regulations, and requisites, and urges our clients to demonstrate the same commitment. Additionally, FundMeNow FX holds a profound regard for the integrity of genuine markets. As such, any simulated trading practices that interfere with the functioning of actual markets are prohibited on our platform and will be considered a violation of our rules. These practices include, but are not limited to:

Use of delayed data feed
Trading on delayed charts
Use of platform or data freezing
Trading during significant macroeconomic reports
Use of hedging trades between one or more accounts
Use of guarantee of compliance with limit orders
Use of VPNs to hide potential individuals operating on the trading account

Violation of any of these Terms in any way may lead to immediate termination of all accounts associated with our services and no refund or payment of any kind will be given. Moreover, any breach of these Terms or contravention of relevant laws, regulations, or requisites may result in civil and/or criminal liabilities being imposed to you. Recognizing the significance of maintainance a secure and dependable simulated trading platform, you expressly authorize FundMeNow FX to disclose your data to other proprietary simulated trading entities or third parties. This disclosure is intended for the explicit purpose of identifying instances of fraudulent, deceptive, or criminal activities, or any infractions of our Terms outlined in this Agreement.

Indemnification
1. You agree to indemnify, defend, and hold harmless the Company and its directors, officers, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorney's fees) arising out of or relating to your use of the Services, breach of these T&C, or violation of any applicable laws or regulations.

Confidentiality
1. You acknowledge and agree that any information disclosed by the Company on its website, in the Services, or in any communication between the Company and you is confidential and proprietary.
2. You agree to keep all such information confidential and not to disclose or share it with any third parties, except as required by law or with the prior written consent of the Company.

Dispute & Arbitration
PLEASE REVIEW THIS SECTION ATTENTIVELY - IT MAY HAVE SIGNIFICANT IMPLICATIONS ON YOUR LEGAL RIGHTS, INCLUDING TO INITIATE A LAWSUIT IN COURT.

Arbitration utilizes a neutral arbitrator instead of a Judge or Jury, permits more limited discovery than in court, and is subject to very restricted review by courts. You have the option to be represented by an attorney in arbitration or proceed without one. This arbitration provision will persist even after termination of this agreement. However, if either the class action waiver or coordinated claims provision below is determined to be invalid, the specific invalid provision will be unenforceable, severed, and the remainder of the arbitration provisions will continue in full force.

Any dispute, controversy, or claim arising out of or relating to these T&C, including the formation, interpretation, breach, termination, or validity thereof, shall be resolved exclusively through binding arbitration.

In the event the parties are unable to resolve any dispute, claim, or controversy, whether known or unknown and that may be discovered later, arising out of relating to these Terms, any provisions herein, other agreements on the Site, agreements between us, or the breach, termination, enforcement, interpretation, or validity thereof --including the determination of the scope or applicability of this agreement to arbitrate-- whether in contract, tort, or otherwise, at law or in equity for damages or any other relief, legal or equitable, then such dispute shall be exclusively resolved through either: (i) final and binding arbitration in accordance with the Federal Arbitration Act, conducted by a single neutral arbitrator, and administered by the JAMS Comprehensive Arbitration Rules and Procedures as those Rules exist on the effective date of this Agreement, or (ii) submission to a small claims court in Miami-Dade County, Florida.

The decision of the arbitrator shall be final and binding upon both parties and may be enforced in any court of competent jurisdiction.
The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. Seeking Arbitration: If you elect to seek arbitration or file a small claim court action, you must first send to us, by certified mail, a written notice of your claim (“Notice”).
The Notice to us must be addressed to:

FUNDMENOW FX
382 NE 191st ST #972355
Miami, Florida 33179

with an electronic copy to the following email address:
fundmenowfx@gmail.com

Class Action Waiver
PLEASE CAREFULLY REVIEW THIS SECTION – IT CAN HAVE A SIGNIFICANT IMPACT ON YOUR LEGAL RIGHTS, INCLUDING YOUR ABILITY TO INITIATE A LAWSUIT IN COURT.

YOU CONSENT TO THE FACT THAT ANY ARBITRATION UNDER THESE TERMS AND CONDITIONS WILL BE CONDUCTED INDIVIDUALLY. BOTH PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN THEIR RESPECTIVE INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY ALLEGED CLASS OR REPRESENTATIVE PROCEEDING, INCLUDING, BUT NOT LIMITED TO, A PRIVATE ATTORNEY GENERAL ACTION. CLASS ARBITRATIONS AND CLASS/REPRESENTATIVE/COLLECTIVE ACTIONS ARE STRICTLY PROHIBITED, AND YOU ARE AGREEING TO FORGO THE OPPORTUNITY TO PARTICIPATE IN A CLASS ARBITRATION OR CLASS ACTION. FURTHER, UNLESS OTHERWISE AGREED UPON BY YOU AND FUNDMENOW FX, THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS FROM MORE THAN ONE INDIVIDUAL AND MAY NOT PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

IF THIS PARTICULAR PROVISION IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS CLASS ACTION WAIVER AND THE DISPUTES & ARBITRATION PROVISIONS SHALL BE NULL AND VOID. THE ARBITRATOR MAY AWARD DECLARATORY OR INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM.

Limitation of Liability
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PROVIDED ON OR ACCESSIBLE THROUGH THIS SITE MAY CONTAIN INACCURACIES OR ERRORS. PERIODIC UPDATES AND MODIFICATIONS ARE REGULARLY IMPLEMENTED TO THE CONTENT HEREIN. FUNDMENOW FX LLC AND/OR ITS SUPPLIERS RESERVE THE RIGHT TO MAKE IMPROVEMENTS AND/OR CHANGES TO THE SITE WITHOUT PRIOR NOTICE.

FUNDMENOW FX LLC AND/OR ITS SUPPLIERS DISCLAIM ANY REPRESENTATIONS REGARDING THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND ASSOCIATED GRAPHICS INCLUDED ON THE SITE FOR ANY PURPOSE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. FUNDMENOW FX LLC AND/OR ITS SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL FUNDMENOW FX LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE SITE. THIS APPLIES REGARDLESS OF THE BASIS OF THE CLAIM, WHETHER CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF FUNDMENOW FX LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THE ABOVE LIMITATION MAY NOT APPLY TO YOU IF SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS SITE.

New Jersey Residents

For consumers residing in New Jersey, certain provisions of this Agreement are not applicable and do not restrict any rights you may have to the extent that they are unenforceable under New Jersey law. Specifically, the following provisions are excluded: (a) Disclaimer of Warranty; (b) Limitation of Liability; (c) Indemnity; and (d) under Disputes & Arbitration and Class Action Waiver, as well as the governing law provisions (only to the extent that your rights as a consumer in New Jersey are mandated to be governed by New Jersey law). Pursuant to N.J.S.A. 56:12-16, you may possess additional rights as a New Jersey resident, and if other aspects of this Agreement are found to violate an established legal right, those rights shall prevail.

California Residents

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: California residents may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. By being a California resident, you willingly waive all claims, both known and unknown, that may be discovered later, and explicitly relinquish all protections as outlined in California Civil Code Section 1542. This section states, “[a] general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” Through the use of this Site, you agree that these protections under California Civil Code Section 1542 no longer apply to you.

International Users

This Site is controlled, operated and administered by FundMeNow FX from our offices in the USA. If you access the Site from a location outside the USA, you are responsible for compliance with all applicable laws. You agree that you will not use FundMeNow FX content accessed through the Site in any country or in any manner prohibited by any applicable laws, regulations or requirements.

The products referred to on Sites may only be available in the territory to which that Site is directed and may not be available in your country. WE MAKE NO REPRESENTATION THAT THE INFORMATION AND MATERIALS ON ANY SITE, INCLUDING WITHOUT LIMITATION THE INFORMATION AND OTHER MATERIALS PROMOTING THE PRODUCTS IDENTIFIED ON THAT SITE, ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS OTHER THAN THE LOCATION FOR WHICH THE SITE IS DIRECTED. WE DO NOT REPRESENT OR WARRANT THAT A SITE OR ANY PART THEREOF IS APPROPRIATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION OTHER THAN THE UNITED STATES. Those who choose to access a Site do so on their own initiative and at their own risk, and are responsible for complying with all local statutes, orders, regulations, rules, and other laws. You are also subject to United States export controls and are responsible for any violations of such controls, including without limitation any United States embargoes or other federal rules and regulations restricting exports.

Despite the above, as a consumer you will benefit from any mandatory provisions of the law of the country in which you are a resident. Nothing in this Agreement affects your rights as a consumer to rely on such mandatory provisions of local law. The local law of your jurisdiction may entitle you to have a dispute relating to this Agreement heard by your local courts. This Agreement does not limit any such rights that you have that apply. HOWEVER, BY ENTERING INTO THIS AGREEMENT, WE DO NOT CONSENT TO THE JURISDICTION OF ANY COURTS OTHER THAN THOSE REFERENCED IN THIS AGREEMENT AND RESERVES THE RIGHT TO CONTEST THAT IT IS NOT SUBJECT TO THE JURISDICTION OF ANY OTHER COURT. We may limit a Site’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion. This Agreement, as well as all other documents related to it, including notices and correspondence, will be in the English language only.

THE FOLLOWING TERMS AND CONDITIONS APPLY TO YOU, AND SUPERSEDE CONFLICTING TERMS IN THE AGREEMENT, IF YOU ARE A RESIDENT OF THE NAMED JURISDICTION OR TO THE EXTENT REQUIRED BY APPLICABLE LAW:

AUSTRALIA

Where any Act of Parliament implies any condition or warranty in relation to your use of a Site and that Act prohibits exclusion of that term, then that term is included. To the maximum extent permitted by law, our liability for any breach of such a non-excludable term is limited to the supplying of the products or services again.

EUROPEAN UNION

Children: Usage of any Site is prohibited for individuals under the age of 16.

Exceptions to Liability Limitations: This Agreement does not exclude or limit our liability for death or personal injury resulting from negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by applicable law.

ARBITRATION MAY NOT APPLY TO YOU IF YOU ARE A RESIDENT OF THE EUROPEAN UNION AND SUBJECT TO THE ALTERNATIVE DISPUTE RESOLUTION DIRECTIVE (2013/11/EU) AND THE ONLINE DISPUTE RESOLUTION REGULATION (EU 524/2013) (AND ANY IMPLEMENTING REGULATIONS IN EACH MEMBER STATE OF THE EU). THE AGREEMENT TO ARBITRATE IN THIS AGREEMENT WILL NOT APPLY IF NOT PERMITTED BY LAW.

Japan

Any intellectual property rights vested in us under these terms will include the rights set forth in Article 27 (Right of Adaptation) and Article 28 (Original Author’s Right in Derivative Works) of the Copyright Act of Japan, Act No. 48 of May 6, 1970. Furthermore, you agree not to assert against us any moral rights you may have, including, without limitation, feedback or suggestions. Each Party represents and warrants that it (a) is not an anti-social force (meaning here and hereinafter, gangsters, anti-social forces, and others equivalent thereto) and (b) does not have any exchange or involvement with anti-social forces, such as cooperation or involvement in the maintenance, operation, or management of anti-social forces, through funding or other means.

UNITED KINGDOM

Children: Usage of any Site is prohibited for individuals under the age of 16.

Exceptions to Liability Limitations: This Agreement does not exclude or limit our liability for death or personal injury resulting from negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by applicable law.

ARBITRATION MAY NOT APPLY TO YOU IF YOU ARE A RESIDENT OF THE UNITED KINGDOM AND SUBJECT TO THE ALTERNATIVE DISPUTE RESOLUTION DIRECTIVE (2013/11/EU) AND THE ONLINE DISPUTE RESOLUTION REGULATION (EU 524/2013) (OR ANY SUCCESSOR TO THESE ENACTED BY THE UK POST BREXIT). THE AGREEMENT TO ARBITRATE IN THIS AGREEMENT WILL NOT APPLY IF NOT PERMITTED BY LAW.

Termination / Access Restriction
1. While we are thrilled to have you on our platform, FundMeNow FX reserves the right to terminate or restrict your access to our website and services at any time without notice. We may also modify or discontinue our website and services without notice. Access may be restricted if you violate these T&C or any rules on our FAQs section including trading during High Intensity News, unauthorized use of promo codes assigned to another individual, hedging between 2 or more accounts, manipulation of the charts, trading from any of the restricted Countries, inactivity period of 14 days or longer, trading on behalf of another individual, use of "challenge passing services" to pass the Evaluation assessment, IP management, Trade Stacking on Simulated Live, Signals/Group Trading, false accusation and/or defamatory acts against FundMeNow Fx.
- Signals/Group Trading: Engaging in signal-based trading, group trading, or any other activities leading to identical trades as other traders is not permitted.
- IP Management: For your master account, it is important that the IP address used for login remains constant. If our system identifies multiple IP addresses attempting to access your account, it will be flagged as a potential violation for fraudulent activity in account management. If you have any inquiries, please reach out to our support team.
- Trade Stacking on Simulated Live: While maintaining two simultaneous trades is not categorized as stacking or layering, the risk arises when three or more positions are active for the same instrument, all in the same direction. At this point, the jeopardy of losing your funded account increases. An illustrative scenario is initiating three EURUSD BUY trades without closing any of the preceding ones.
Please note that termination or access restriction does not absolve you from any obligations or liabilities under these T&C.

Changes to Terms and Conditions
1. At FundMeNow FX we continuously strive for improvement. We may change these T&C from time to time, and your continued use of our website or services constitutes your acceptance of any changes.

Entire Agreement
1. These T&C encompass the agreement between you and FundMeNow FX. By accepting these T&C, you acknowledge and agree to be bound by all provisions herein.
By accepting these Terms and Conditions, you acknowledge that you have read, understood, and agreed to be bound by all the provisions set forth herein.

These Terms are effective as of March 26th, 2024

All content published and distributed by FundMeNext Forex Funding, 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 FX. 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.