Terms of Use

OMEGA TRADER FUNDING LLC.

Last Updated: February 13, 2024

INTRODUCTION.

Thank you for choosing to visit Omega Trader Funding LLC, DBA NexGen Futures (“Company,” “NexGen Futures,” “we,” “us,” or “our”).  The following Terms and Conditions (“Terms”) delineate the governing framework for your access, interaction, and use of all features, functionalities, services, content, and offerings presented, facilitated, or offered through our official website, sub-domains, affiliated platforms, and mobile applications (collectively, “the Platform”). You, as the user of the Platform, and us, the Company, may collectively be referred to as “Parties” within these Terms.

Our Platform is designed to provide you with an in-depth understanding of our products, offerings, and operations, and to facilitate your interaction, purchase, and engagement with us. By accessing, browsing, registering, or engaging in any form of interaction or transaction on or through our Platform, you willingly and expressly acknowledge, accept, and agree to be bound, without limitation or qualification, by these Terms. Furthermore, you confirm that you possess the legal authority to enter into this agreement and that you will abide by all of its stipulations.

YOU MUST READ AND COMPREHEND THESE TERMS IN THEIR ENTIRETY BEFORE PROCEEDING. BY REGISTERING FOR, ACCESSING, BROWSING, CREATING AN ACCOUNT, POSTING OR DOWNLOADING CONTENT, OR OTHERWISE USING THE PLATFORM OR ENTERING INTO ANY OTHER AGREEMENT WITH US, YOU ACKNOWLEDGE (ON BEHALF OF YOURSELF AND ANY ENTITY YOU REPRESENT) THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, DO NOT ACCESS, BROWSE, OR OTHERWISE USE THE PLATFORM AND CONTENT. 

In addition to these Terms, you are also bound by our Privacy Policy, which explains our practices concerning the collection, use, and sharing of your personal information. By agreeing to these Terms, you also consent to the data practices stated in our Privacy Policy.

We reserve the right to modify, amend, replace, or terminate these Terms at any point in time, at our sole discretion. It remains your responsibility to periodically review these Terms for any updates or changes. Your continued use of our Platform post any modifications signifies your acceptance of the amended Terms.

SERVICES AND RULE SETS.

Overview of Services: NexGen Futures offers a progressive trading platform enabling users to participate in futures trading under specific rules and conditions. Our Platform encompasses a multi-stage process, beginning with simulated trading, transitioning through various rule sets, and potentially culminating in trading with real funds under our brokerage account.

Stages of Services:

• Stage 1: Upon successful registration and subscription, users engage in simulated trading, adhering to the initial rule set (“First Rule Set”). This stage aims to acclimate users to the trading environment and assess their competency and adherence to our trading protocols.
• Stage 2: Users who successfully meet the criteria of the First Rule Set transition to a fee-based model, continuing to trade in a simulated environment under a more advanced rule set (“Second Rule Set”). This stage further evaluates the users’ trading skills and discipline.
• Stage 3: Upon satisfying the Second Rule Set, eligible users are offered the opportunity to trade with real funds under our brokerage account. This stage is governed by a separate written agreement outlining the terms, conditions, and profit-sharing arrangements.

Rule Sets: The First and Second Rule Sets are designed to establish a disciplined, responsible, and strategic approach to trading. These rules encompass trading limits, risk management protocols, profitability targets, and other criteria necessary for effective trading. Users must strictly adhere to these rules. Failure to comply with any rule may result in termination from the program or other penalties as outlined in these Terms.

Separate Agreement for Live Trading: Upon qualifying for the final stage (live trading with real funds), users are required to enter into a separate written agreement with the Company. This agreement will detail the specific terms, conditions, risk disclosures, and obligations pertaining to trading under our brokerage account.

Modification of Services and Rule Sets: The Company reserves the right to modify, enhance, or discontinue any aspect of the Platform or rule sets at its sole discretion. Any changes will be communicated to users and, unless otherwise stated, will take effect immediately. Continued use of the platform followin
g any changes indicates the user’s acceptance of the new terms.

ELIGIBILITY.

Age Requirement: To be eligible to use the Platform provided by NexGen Futures, users must be at least 18 years of age. By registering for our Platform, users warrant that they have attained the age of majority in their jurisdiction and possess the legal capacity to enter into binding contracts.

Legal Compliance: Users must comply with all applicable laws, rules, and regulations in their respective jurisdictions. This includes, but is not limited to, adherence to laws governing futures trading, financial transactions, and online conduct. The Company reserves the right to request proof of compliance with applicable laws as deemed necessary.

Prohibited Individuals: Individuals who have been convicted of a felony are not eligible to use the Platform. Users must affirm that they have no felony convictions at the time of registration and throughout their use of the Platform.

Users are ineligible if they have been disciplined, censured, or penalized by the U.S. Commodity Futures Trading Commission (CFTC), or any other regulatory body governing futures trading. Similarly, individuals who have been convicted of a felony involving the National Futures Association (NFA) are prohibited from using the Platform.

Financial Standing: Users must warrant that they do not have any outstanding balances or unresolved financial disputes with any trading firm or financial institution. This includes, but is not limited to, debts, liabilities, or other financial obligations related to trading activities.

Ongoing Obligation to Maintain Eligibility: Users have a continuous obligation to ensure their eligibility throughout their use of the Platform. Any change in circumstances that affects a user’s eligibility must be promptly reported to the Company. The Company reserves the right to terminate or suspend access to the Platform for any user found to be ineligible at any time, based on the information provided or subsequently discovered.

Verification and Due Diligence: The Company may conduct verification checks and due diligence to ascertain a user’s eligibility. This may include, but is not limited to, background checks, verification of identity, and financial standing. Users must cooperate with any requests for information or documentation necessary to establish their eligibility.

Acknowledgment and Warranty: By registering and using the Platform, users acknowledge and warrant that they meet all the eligibility criteria set forth in this provision. Users understand that providing false, incomplete, or misleading information regarding their eligibility may result in legal consequences, including but not limited to the termination of their account and potential legal action.

ACCOUNT CREATION.

Registration Process: To engage with the Platform, individuals are required to undergo a registration process, creating a personalized account. This process involves providing accurate, current, and complete information as prompted, including name, contact details, date of birth, and other essential data for identity verification and compliance. The importance of truthful and comprehensive information during registration cannot be overstated, as it forms the foundation of the user’s interaction with the Platform.

Account Security: Each user is entrusted with the confidentiality and security of their account credentials, such as username and password. The responsibility for all activities under their account also rests with the user. In the event of any unauthorized use or security breach, immediate notification to the Platform is essential for swift resolution. The Platform, however, is not liable for any loss or damage resulting from the user’s failure to safeguard their account information.

Verification and Compliance: In adherence to regulatory requirements, the Platform may conduct thorough verification of the information provided during registration. Users may be requested to furnish additional documentation to corroborate their identity and eligibility. Failure to comply with these verification processes, or providing false information, may lead to account suspension or termination, along with possible legal consequences.

Single Account Policy and Inactivity: The Platform advocates a single account policy, prohibiting the creation of multiple accounts or the use of another’s account without explicit permission. In cases of prolonged inactivity, the Platform holds the right to deactivate or close the account. Users wishing to terminate their accounts must reach out to the Platform’s support team. Nevertheless, account closure does not negate any existing obligations or liabilities.

User Responsibility: Users bear the responsibility for ensuring that their engagement with the Platform adheres to all relevant laws and regulations. This encompasses accepting liability for any non-compliance that may result in legal repercussions or damage to the Platform.

ALL INFORMATION THAT YOU PROVIDE TO US THROUGH REGISTRATION, YOUR ACCOUNT, OR OTHERWISE MUST BE COMPLETE, TRUE, AND UP TO DATE. YOU MUST IMMEDIATELY NOTIFY US OF ANY CHANGE IN YOUR INFORMATION OR UPDATE THE INFORMATION IN YOUR ACCOUNT.

GAMBLING POLICY.

Excessive Order Placement: In our commitment to fostering a disciplined trading environment, NexGen Futures actively monitors the frequency of order placements on the Platform. If a user is found to be placing an unusually large number of orders within a short timeframe, such as exceeding a preset limit of resets in a 24-hour period or engaging in multiple simulated trading phases, we reserve the right to suspend further orders by that user.

Detection and Consequences of Prohibited Conduct: We extend our scrutiny to identifying behaviors that align with Prohibited Conduct. In cases where such conduct is detected, we maintain the discretion to determine the nature of the behavior and implement suitable consequences. Depending on the severity, these measures may include warnings or immediate termination of the user’s access to the Platform and Services.

Education and Skill Development: Central to our mission is the education and skill development of our users, promoting strategic and responsible trading practices. We are dedicated to providing a safe and supportive environment for trading. As such, we assert the right to take any necessary actions to deter and prevent the use of our Platform for impulsive or speculative trading, or any activities that conflict with our mission and core principles.

DISCLAIMER.

Non-Broker-Dealer Acknowledgment: Users of the Platform acknowledge and agree that NexGen Futures does not function as a broker-dealer as defined under United States financial services regulations. The Platform does not engage in trading securities on our own or any third party’s behalf, nor does it offer any financial advice. We are not liable for any losses or gains that may result from reliance on information provided through the Platform or interactions with other users.

Information Purpose and Reliability: The financial and market information available on the Platform is intended solely for entertainment and general informational purposes. We do not guarantee the accuracy, completeness, timeliness, or usefulness of this information, which has not been independently verified. Reliance on such information is at the user’s own risk. We disclaim all liability and responsibility arising from any reliance placed on these materials by users or anyone informed of their contents.

Investment Advice and Risk: Information provided on the Platform is not tailored to individual investment objectives, financial situations, or needs, and should not be considered investment advice. Investments discussed on the Platform involve significant risks, and discussions of such risks are not exhaustive. Users are advised to consult with financial advisors to evaluate the suitability of any investment based on their personal circumstances. Investment decisions and their consequent responsibilities lie solely with the user.

No Offer or Solicitation: Content and materials on the Platform are not to be construed as an offer to buy or sell, or a solicitation of an offer to buy or sell any security, financial product, or instrument, or as an invitation to participate in any particular trading strategy.

Platform Maintenance and Accessibility: Efforts are made to maintain the functionality and accessibility of the Platform. However, we are not responsible for any defects or failures associated with the Platform, any posted content, or any associated applications. This includes potential damages, such as lost profits or other consequential damages. The Platform’s accessibility may be affected by various factors, including equipment malfunctions, maintenance procedures, or other causes beyond our control.

WARRANTY DISCLAIMER: ALL CONTENT ON THE PLATFORM IS PROVIDED “AS IS.” WE DISCLAIM ANY WARRANTIES REGARDING THE CONTENT’S NATURE OR ACCURACY, EITHER WHEN POSTED OR AS A RESULT OF TIME PASSAGE. THIS INCLUDES, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NONINFRINGEMENT, AND THOSE ARISING FROM LAW, COURSE OF DEALING, OR USAGE IN TRADE. WE EXPRESSLY DISCLAIM ALL WARRANTIES, BOTH EXPRESS AND IMPLIED, IN RELATION TO THE PRODUCTS AND CONTENT PROVIDED ON THE PLATFORM, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT OR REPRESENT THAT THE FUNCTIONS OR OPERATIONS OF THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE PLATFORM, ITS SERVERS, OR ANY COMMUNICATIONS SENT FROM NexGen Futures ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

JURISDICTION AND LAWFULNESS OF USE: NexGen Futures DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE PLATFORM ARE LAWFUL IN ANY PARTICULAR JURISDICTION. WE SPECIFICALLY DISCLAIM SUCH WARRANTIES. BY USING THE PLATFORM, YOU ACT AT YOUR OWN RISK AND REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE PLATFORM.

“AS IS” PROVISION: USERS ACKNOWLEDGE THAT THE PLATFORM AND ITS SERVICES, ALONG WITH OTHER CONTENT, ARE PROVIDED “AS IS” WITH ALL THEIR EXISTING FAULTS, DEFECTS, AND SHORTCOMINGS. THE USE OF THE PLATFORM IS AT THE SOLE RESPONSIBILITY AND RISK OF THE USER.

CONTENT ACCURACY AND UPDATES: THE INFORMATION, PRODUCTS, SOFTWARE, OR SERVICE DESCRIPTIONS PUBLISHED ON OUR PLATFORM OR ON ANY LINKED WEBSITE MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. NexGen Futures DISCLAIMS LIABILITY FOR SUCH ERRORS AND DOES NOT WARRANT OR REPRESENT THAT THE CONTENT ON OUR PLATFORM OR A LINKED WEBSITE IS CURRENT, COMPLETE, OR UPDATED. NexGen Futures RESERVES THE RIGHT TO CHANGE, UPDATE, OR IMPROVE OUR PLATFORM AND SERVICES AT ANY TIME WITHOUT NOTICE AND HAS NO OBLIGATION TO UPDATE ANY CONTENT THEREIN.

ASSIGNMENT.

Non-Transferability of Account Performance and Services: Users are prohibited from transferring or combining their account performance metrics, service parameters, data, or any other account-related information with other products or with any other user’s account. This restriction is critical to maintain the integrity of the individual user’s performance and adherence to the Platform’s rules and stages.

Protected Account Access: Access to each user’s account is safeguarded by login data, which is strictly personal and confidential. Users are expressly forbidden from disclosing or sharing this login data with any third party. Violation of this confidentiality obligation may result in immediate suspension or termination of the user’s account.

Legal Entity Users: In cases where a user is registered as a legal entity, the Platform’s services may be accessed by the entity’s authorized employees and representatives. However, the registered entity remains solely responsible for all activities conducted through its account. It is incumbent upon the legal entity to ensure that its representatives adhere to all the terms and conditions of the Platform, including the non-transferability and confidentiality of the account access.

Responsibility for Account Misuse: The Platform is not responsible for any misuse of its services or any adverse consequences thereof. The user is liable for any and all activities that occur under their account and is not entitled to any compensation from the Platform for damages or losses resulting from such misuse.

Prohibition of Account Access by Unqualified Users: It is strictly prohibited for users who have not passed the required rule sets to access or use the account of another user who has advanced beyond these stages. Such an act constitutes a serious breach of the Platform’s terms and conditions and will lead to immediate account suspension or termination.

TERMINATION.

Scope and Authority: This provision outlines the terms under which NexGen Futures may terminate a user’s account and access to services on the Platform, and the conditions under which a user may choose to terminate their account.

User-Initiated Termination: Users are entitled to terminate their account with the Platform at any time. Such termination requires a formal notification to NexGen Futures through the designated communication channels on the Platform. Upon processing this termination request, the user’s account will be deactivated, and access to all services will be revoked. Users are responsible for any transactions or financial obligations incurred up to the point of termination.

Termination for Non-Compliance with User Guidelines: If a user is found to have breached the User Guidelines or any other terms of service, NexGen Futures reserves the right to take necessary actions, which may include:

• Classifying such actions as a failure to meet the service conditions.
• Removing and disregarding violating transactions from the user’s trading history in profit and loss considerations.
• Immediate cancellation of all provided services and termination of the user agreement, culminating in the closure of the user’s account.

Discretionary Termination Rights: NexGen Futures retains the discretion to terminate a user’s account and access to the Platform for reasons that may include repeated non-compliance with Rule Sets, unethical trading behavior, or other violations of the terms of service. Such termination may be effected without prior notice and will result in the deletion of the user’s account and all associated data.

Restrictions Following Termination for Prohibited Conduct: In cases where termination is due to Prohibited Conduct, as outlined in the User Guidelines, the user will be barred from accessing the Platform in any capacity. This prohibition extends to all services and functions of the Platform and is enforceable without any obligation for compensation or refunds to the user.

Liability and Post-Termination Responsibilities: Following the termination of an account, whether initiated by the user or by NexGen Futures, the user remains liable for any outstanding obligations or liabilities incurred during the tenure of their account. NexGen Futures is not responsible for any trading or investment activities conducted by the user outside the purview of the Platform, except as explicitly agreed upon in separate written agreements.

Notification and Acknowledgment: Upon termination, NexGen Futures will provide notification to the user using the contact information on file. It is the user’s responsibility to keep their contact information current and accurate. Users acknowledge and accept that termination of their account entails forfeiture of access to the Platform and all related services, as well as the relinquishment of any in-progress trading activities or accrued benefits.

LIMITATION OF LIABILITY.

EXTENT OF LIABILITY: NexGen Futures ALONG WITH ITS SUBSIDIARIES, AFFILIATES, PARTNERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, EXPLICITLY DISCLAIMS LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES. THIS INCLUDES BUT IS NOT LIMITED TO LOSSES SUCH AS LOST PROFITS, DATA CORRUPTION, LOST OPPORTUNITIES, MONETARY HARM, OR PROPERTY DAMAGE. THIS DISCLAIMER APPLIES REGARDLESS OF THE FORESEEABILITY OF SUCH DAMAGES OR WHETHER NexGen Futures HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ADDITIONALLY, NexGen Futures IS NOT LIABLE FOR ANY CLAIMS MADE BY THIRD PARTIES IN RELATION TO THE USE OF THE PLATFORM OR ITS CONTENT, OR ANY LINKED WEBSITE.

JURISDICTIONAL VARIATIONS: THE LIMITATIONS OF LIABILITY MAY NOT APPLY UNIFORMLY IN ALL JURISDICTIONS, AS SOME AREAS DO NOT ALLOW THE EXCLUSION OF CERTAIN DAMAGES. IN SUCH JURISDICTIONS, NexGen Future LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IF USERS ARE DISSATISFIED WITH ANY ASPECT OF THE PLATFORM OR ITS TERMS, THE SOLE RECOURSE IS TO DISCONTINUE USING THE SERVICES.

OPERATIONAL AND TECHNICAL LIMITATIONS: THE COMPANY RESERVES THE RIGHT TO MODIFY OR DISCONTINUE ANY PART OF THE PLATFORM WITHOUT COMPENSATION. NexGen Futures IS NOT RESPONSIBLE FOR FAILURES TO PROVIDE SERVICES DUE TO TECHNICAL OR OPERATIONAL ISSUES BEYOND ITS CONTROL, INCLUDING UNFORESEEABLE CIRCUMSTANCES OR FORCE MAJEURE EVENTS.

THIRD-PARTY SERVICES AND CONTENT: RESPONSIBILITY FOR THIRD-PARTY PRODUCTS, SERVICES, OR CONTENT ACCESSED OR USED IN CONNECTION WITH THE PLATFORM DOES NOT FALL UNDER NexGen Futures PURVIEW. THE COMPANY IS NOT LIABLE FOR ANY ISSUES ARISING FROM THE USE OF SUCH THIRD-PARTY OFFERINGS.

MAXIMUM LIABILITY: THE MAXIMUM LIABILITY OF NexGen Futures FOR ANY CLAIMS ARISING OUT OF THE USE OF ITS SERVICES, WHETHER BASED IN CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORY, IS CAPPED AT THE GREATER OF THE AMOUNT PAID BY THE USER IN THE MONTH PRECEDING THE CLAIM OR $100. THIS CAP APPLIES EXCEPT WHERE JURISDICTIONAL LIMITATIONS PROHIBIT SUCH A LIMITATION OF LIABILITY.

INCLUSION OF TECHNICAL ISSUES: THE LIMITATION OF LIABILITY EXTENDS TO COVER ISSUES SUCH AS TRANSMISSION OF VIRUSES, EQUIPMENT FAILURES, COMMUNICATION LINE BREAKDOWNS, UNAUTHORIZED ACCESS, THEFT, OPERATIONAL ERRORS, AND ANY FORCE MAJEURE EVENTS.

INDEMNIFICATION.

User Obligations: Users agree to indemnify, defend, and hold harmless NexGen Futures  its affiliates, subsidiaries, partners, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable legal and accounting fees, arising out of or in any way connected with the user’s access to, use of, or alleged use of the Platform, services, or content. This indemnification extends to any violation by the user of these terms and conditions, the rights of any third party, or applicable laws and regulations.

Scope of Indemnification: Indemnification covers, but is not limited to, any financial loss, damage, or harm suffered by NexGen Futures resulting from the user’s actions, omissions, or negligence, including but not limited to legal claims and proceedings, settlements, judgments, fines, penalties, and other expenses. The indemnity also applies to cases where the user has authorized, encouraged, or facilitated the actions or omissions leading to the aforementioned claims or liabilities.

Defense and Settlement: NexGen Futures reserves the right, at the user’s expense, to assume the exclusive defense and control of any matter subject to indemnification by the user. The user agrees to cooperate with NexGen Futures in defending such claims and shall not settle any such claim without the prior written consent of NexGen Futures. This provision shall survive the termination or expiration of the user’s use of the Platform and/or services.

Notification of Claim: The user is required to promptly notify NexGen Futures of any third-party claims or suits. Failure to provide timely notice may result in the user’s liability for increased costs or damages that NexGen Futures could have otherwise avoided.

Limitations: The indemnification obligation does not apply in cases where the liability, claim, or damage is proven to be a direct result of NexGen Futures’s own willful misconduct or gross negligence.

THIRD-PARTY SERVICES.

Use of Third-Party Services: The Platform may incorporate or offer access to services, products, or applications provided by third parties (“Third Party Services”). These services may include but are not limited to, data analytics tools, payment processing services, trading software, and other relevant technologies or services that enhance the user experience or functionality of the Platform.

User Responsibility for Third-Party Terms: Users acknowledge and agree that the use of Third-Party Services is governed by the respective terms and conditions and privacy policies of those services. It is the user’s responsibility to review and understand these terms and conditions prior to utilizing such services. NexGen Futures does not endorse, is not responsible for, and makes no representations as to the content, accuracy, or functionality of these Third-Party Services.

No Control Over Third-Party Services: NexGen Futures does not exercise control over Third Party Services and, as such, cannot guarantee their reliability, stability, or suitability. Users engage with Third Party Services at their own risk. NexGen Futures shall not be liable for any loss or damage arising from the user’s use of or reliance on these Third-Party Services.

Integration of Third-Party Services: While the Platform may integrate or facilitate access to Third-Party Services, such integration does not imply any partnership, joint venture, or endorsement of these services by NexGen Futures. The availability of Third-Party Services on the Platform is not an endorsement of these services, nor does it imply responsibility for their operation or functionality.

Changes and Discontinuation: NexGen Futures reserves the right to modify, replace, or discontinue the integration of any Third-Party Services on the Platform at any time without notice. Such changes may affect the availability, functionality, or performance of the Platform, for which NexGen Futures is not liable.

PAYMENT TERMS.

Transaction Conditions: When a user makes a purchase on the Platform, it is subject to these Payment Terms, which form an integral part of the overall Terms and Conditions of use. The purchase price, including any applicable fees or taxes, is charged to the user’s chosen payment method immediately upon order submission. Users must ensure that sufficient funds are available and that they are authorized to use the payment method provided.

Pricing and Availability: The prices for products and services on the Platform are subject to change without notice, reflecting market conditions and inventory levels. NexGen Futures actively monitors and updates this information to provide the most current data to users. In the event of errors in pricing or product availability, NexGen Futures reserves the right to cancel or modify orders. This applies even after an order has been confirmed and payment processed. In such cases, NexGen Futures will issue a credit to the user’s account promptly.

Service Charges and Taxes: All service charges listed on the Platform are inclusive of applicable taxes. Users are accountable for understanding and adhering to tax obligations in their respective jurisdictions as related to the use of our services. This responsibility extends to being aware of any changes in tax laws that may affect their transactions on the Platform.

Payment Processing and Security: Payments on the Platform are processed through secure, encrypted channels using reputable third-party payment processors. This ensures the confidentiality and integrity of users’ financial information. Users are responsible for confirming that they are authorized to use the payment method they provide, which may include credit cards, debit cards, or other approved payment methods.

Third-Party Transactions: If a user’s purchase involves third-party websites or payment processors, these transactions will be subject to the terms and conditions of those third parties. It is the user’s responsibility to review and understand these terms, especially when providing personal and financial information. NexGen Futures disclaims responsibility for the security and use of information provided to third parties and for any transactions made through these external platforms.

By transacting on the Platform, users acknowledge their understanding of these Payment Terms and agree to abide by them. This includes a commitment to regularly review these terms for any updates or changes that may affect their purchases and to stay informed about the security and use of their payment information.

CONTENT SUBMISSION.

Adherence to Terms: When users submit content of any kind (referred to as “User Content”) to NexGen Futures’ Platform, they are expressly agreeing to comply with these Terms and Conditions. This encompasses a wide range of responsibilities, primarily focusing on the ethical and legal dissemination of information.

Prohibited Content Specifications: The Platform strictly prohibits the submission of User Content that is illegal, indecent, profane, threatening, defamatory, derogatory, or injurious to NexGen Futures or third parties. This includes content that contradicts our Privacy Policy, involves unsolicited commercial solicitation or advertising not pre-approved by NexGen Futures, or constitutes spam. The content should not be abusive, harassing, or contain personal data that could infringe upon the privacy of others. It is critical that User Content avoids obscene, objectionable, offensive, deceptive, or fraudulent material that could infringe on privacy or publicity rights.

Respect for Intellectual Property and Privacy: User Content must not violate intellectual property rights, containing no privileged, confidential, proprietary, or trade-secret information. It should respect the legal rights of individuals and entities across jurisdictions, ensuring that no content infringes upon copyrights, trademarks, or other intellectual property rights.

Authenticity and Legal Compliance: Impersonation of any individual or entity or misrepresentation regarding the origin of User Content is strictly forbidden. User Content must also adhere to all applicable local, state, national, and international laws, including regulations of financial and securities bodies. Content that constitutes illegal activity, creates civil liability or violates the rights of any party is not permitted.

Responsibility and Enforcement: By contributing User Content to the Platform, users acknowledge their responsibility for the materials they share. NexGen Futures maintains the right to monitor, moderate, and, if necessary, remove any User Content that breaches these stipulations. This commitment ensures the Platform remains a safe, respectful, and legally compliant space for all users.

LICENSE GRANT.

Granting of Rights: When users submit content of any kind (referred to as “User Content”) to NexGen Futures’ Platform, they automatically grant NexGen Futures a comprehensive range of rights concerning this content. Specifically, users provide NexGen Futures an unrestricted, worldwide, non-exclusive, irrevocable, perpetual, fully paid-up, and royalty-free right and license. This License encompasses various uses and adaptations of the User Content, including but not limited to the right to host, store, maintain, use, reproduce, distribute, display, publish, modify, create derivative works from, and otherwise exploit any portion of such User Content.

Scope and Usage: This License applies not only to the Platform but extends to other websites, channels, or distribution platforms where NexGen Futures may operate or affiliate. The breadth of this License allows NexGen Futures to utilize the User Content for any purpose deemed appropriate, without any obligation for accounting, notification, credit, or other forms of compensation to the user. Furthermore, NexGen Futures reserves the right to license, sublicense, and authorize others to exercise any of the rights granted under this License at its sole discretion.

Permanence and Irrevocability: The rights, licenses, and privileges granted to NexGen Futures are effective immediately upon the submission of User Content and shall continue perpetually and indefinitely. This enduring nature of the License means that once User Content is submitted, these rights remain in effect continuously and cannot be revoked.

Privacy and Discretion in Submission: Users should be aware that any information they wish to keep private must not be submitted as User Content. Once submitted, User Content becomes subject to the terms of this License, including the potential for widespread use and dissemination by NexGen Futures and its authorized parties.

INTELLECTUAL PROPERTY.

Ownership and Rights: This provision outlines the intellectual property policies of NexGen Futures in relation to its Platform. All content and material on the Platform, including but not limited to text, graphics, logos, images, audio clips, digital downloads, data compilations, software, and the compilation of any of these elements (collectively, “Platform Content”), are the exclusive property of NexGen Futures or its licensors. This content is protected by applicable intellectual property laws and treaties around the world.

Use of Platform Content: The Platform Content is provided for informational and personal use only. Users are granted a limited license to access and make personal use of the Platform and the Platform Content. This license does not include any rights for resale or commercial use of the Platform or the Platform Content; collection and use of any product listings, descriptions, or prices; any derivative use of the Platform or its contents; or any use of data mining, robots, or similar data gathering and extraction tools.

Prohibition of Content Misuse: Users are strictly prohibited from copying, reproducing, modifying, distributing, displaying, performing, publishing, licensing, creating derivative works from, transferring, or selling any Platform Content without the express written consent of NexGen Futures. All rights not expressly granted herein are reserved by NexGen Futures.

Trademarks: The trademarks, logos, service marks, and trade names displayed on the Platform (collectively, “Trademarks”) are registered and unregistered Trademarks of NexGen Futures and its licensors and may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders if such use is likely to cause customer confusion or in any manner that disparages or discredits NexGen Futures or its licensors.

User Content and Intellectual Property: In submitting User Content to the Platform, users represent and warrant that they own or otherwise control all of the rights to the content that they post; that the content is accurate; that use of the content they supply does not violate this provision and will not cause injury to any person or entity; and that they will indemnify NexGen Futures for all claims resulting from the content they supply.

Reporting Intellectual Property Infringement: NexGen Futures respects the intellectual property of others and asks users of the Platform to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide NexGen Futures with written notice.

FUTURES TRADING.

The NexGen Futures Trading services are subject to the rules and regulations of the Commodity Futures Trading Commission (CFTC). It is essential to understand the limitations and disclosures regarding hypothetical or simulated performance results.

No Guarantee of Actual Trading Results: All hypothetical or simulated performance results provided by NexGen Futures have certain limitations. These results do not represent actual trading and are intended solely for educational and analytical purposes. Actual trading results may differ significantly from simulated results.

Impact of Market Factors: Hypothetical results may not account for the impact of certain market factors, such as liquidity. The absence of actual trading may result in over- or under-compensation for these factors in the simulated results.

Hindsight in Design: Simulated or hypothetical trading programs are designed with the benefit of hindsight, which may not accurately reflect real-world trading conditions or decisions.

No Profit or Loss Guarantees: NexGen Futures makes no representation that any trading account, whether simulated or real, will achieve profits or losses similar to those shown in hypothetical or simulated results. Trading involves risks, and actual results may vary.

Use of the Platform: The Platform provided by NexGen Futures includes access to tools for simulated futures trading and trading in other financial instruments. These services also encompass analytical tools, educational materials, and additional support services.

Simulated Trading: While financial market information is used in simulated trading, you must acknowledge that any trading you conduct through the Services is not real. Funds provided for simulated trading are fictitious and are exclusively for use within the Platform. They may not be used for actual trading, and you have no entitlement to these fictitious funds beyond their use within the platform.

No Entitlement to Profits or Losses: Unless expressly agreed otherwise, you are not entitled to receive remuneration or profits based on the results of your simulated trading, nor will you be held responsible for any losses incurred during such simulated trading.

USER GUIDELINES.

Overview and Accountability: The User Guidelines for NexGen Futures’ Platform establish the standards for user behavior and responsibilities, particularly focusing on the First Rule Set and Second Rule Set stages. Each user is solely responsible for their actions and omissions while using the Platform, ensuring that their conduct aligns with these guidelines.

Conduct in Rule Sets: In engaging with the First and Second Rule Sets, users must observe the following principles:

• Avoid manipulating or exploiting the simulated trading environment to gain an unfair advantage. Practices such as taking advantage of market anomalies, unrealistic trading volumes, or other tactics that diverge from real-market scenarios are strictly forbidden.
• Refrain from activities that would circumvent the intended challenges and objectives of the Rule Sets, or that would result in profits or achievements not feasible under normal market conditions.
• Maintain the integrity of the trading process, adhering to the rules and spirit of fair and ethical trading.
• Unacceptable Platform Use: Beyond specific trading conduct, users must avoid general unacceptable practices on the Platform, including:
• Distributing unsolicited or unauthorized advertisements, promotional materials, spam, or any forms of solicitation.
• Employing automated systems or software to extract data from the Platform, commonly known as “crawling” or “spidering”.
• Using the Platform to gather competitive intelligence about NexGen Futures for competitive purposes.
• Collecting or harvesting personal information about other users, including email addresses or contact details, without their consent.

Sanctions for Guideline Violations: Non-compliance with these guidelines can lead to various consequences, such as disqualification from the trading stages, account suspension, or termination. Users found to be exploiting the Platform for unfair gains may also be subject to forfeiture of profits or benefits derived from such actions.

Ongoing Vigilance: Users are encouraged to remain vigilant about their conduct on the Platform. This includes regularly reviewing and updating their understanding of these User Guidelines to ensure continued compliance. NexGen Futures reserves the right to take necessary actions to preserve the integrity and fairness of its services.

REPRESENTATIONS AND WARRANTIES.

Legal Authority and Compliance: Users represent and warrant that they have the legal authority to enter into these Terms and Conditions. They agree to comply with all applicable laws, regulations, and ordinances in their use of the Platform and its services.

Accuracy of Information: Users affirm that all information provided to NexGen Futures whether for the purpose of account registration, transactions, or any other use of the Platform, is true, accurate, current, and complete. Users commit to promptly update their information to maintain its accuracy.

Non-Infringement of Rights: Users warrant that their conduct on the Platform will not infringe upon the rights of any third party, including intellectual property, privacy, publicity, or contractual rights.

No Unlawful or Prohibited Use: Users represent and warrant that they will not use the Platform for any purpose that is unlawful or prohibited by these Terms and Conditions. This includes but is not limited to, involvement in any activities that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national, or international law.

Sole Responsibility for Actions: Users acknowledge that they are solely responsible for their actions and omissions while using the Platform and its services. This includes responsibility for the content they post, the transactions they make, and their interactions with other users.

Financial Responsibility: In contexts requiring financial transactions or investments, users represent and warrant that they have the necessary financial capacity and understanding to engage in such activities. They acknowledge that they are aware of the risks involved and accept full responsibility for their financial decisions.

No Disruption: Users warrant that they will not interfere with or disrupt the operation of the Platform, or the servers or networks connected to the Platform. This includes abstaining from distributing viruses or other harmful computer code and not engaging in any activity that would overload, damage, or impair the Platform.

DISPUTE RESOLUTION.

Overview and Approach: This provision details the approach and procedures for addressing and resolving disputes arising from the use of NexGen Futures’ Platform, its services, or any matters relating to these Terms and Conditions.

Initial Resolution Efforts: We encourage users to first contact NexGen Futures directly in the event of any dispute. Our aim is to understand and resolve concerns quickly and amicably. This step is crucial as it often leads to a satisfactory resolution without the need for formal proceedings.

Mandatory Binding Arbitration: Should a dispute not be resolved through direct communication, both parties agree to submit to mandatory binding arbitration. This means that any dispute, controversy, or claim arising out of or related to the use of the Platform, or these Terms and Conditions will be resolved through arbitration rather than in court. The arbitration will be conducted under the rules of a recognized arbitration association in the jurisdiction of NexGen Futures’ headquarters, with a single arbitrator appointed by mutual agreement. The decision of the arbitrator will be final and binding on both parties.

Limitation on Arbitration Scope: Users agree to individual arbitration, meaning that arbitration proceedings will address disputes between the individual user and NexGen Futures only. Class actions, consolidated actions, or representative actions are not permitted under this agreement. Specific exceptions to this mandatory arbitration exist for disputes related to the enforcement, protection, or validity of NexGen Futures ‘s intellectual property rights, allegations of theft, piracy, invasion of privacy, unauthorized use, and any claims where injunctive relief is sought.

GOVERNING LAW AND JURISDICTION.

Governing Law: The Terms and Conditions, including but not limited to its interpretation and enforcement, and any disputes arising out of or in connection with the Platform or its services, shall be governed by and construed in accordance with the laws of the jurisdiction where NexGen Futures is headquartered, without giving effect to any choice or conflict of law provision or rule.

Jurisdiction: Any legal suit, action, or proceeding arising out of, or related to, these Terms and Conditions or the Platform shall be instituted exclusively in the federal courts or the courts of the state where NexGen Futures is headquartered. By using the Platform, users waive any and all objections to the exercise of jurisdiction over them by such courts and to venue in such courts.

Consistency with International Use: Recognizing the global nature of the internet, users agree to comply with all local rules and laws regarding online conduct and acceptable content. Specifically, users agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which they reside.

Dispute Resolution Compatibility: This Governing Law and Jurisdiction provision is intended to be consistent with the Dispute Resolution provision set forth herein. In the event of a dispute, the parties agree to submit to the personal jurisdiction of the chosen courts and to honor the rulings and requirements of the arbitration process, if applicable.

Modification and Notice: NexGen Futures reserves the right to modify the terms of this Governing Law and Jurisdiction provision. Any changes will be effective immediately upon posting on the Platform. Continued use of the Platform after such changes will constitute acknowledgment and acceptance of the modified terms.

CLASS ACTION WAIVER.

PURPOSE AND UNDERSTANDING: THIS PROVISION EXPRESSLY RELATES TO THE WAIVER OF CLASS ACTION RIGHTS IN THE CONTEXT OF DISPUTES OR CLAIMS ARISING OUT OF OR RELATED TO THE USE OF NexGen Futures’ PLATFORM, ITS SERVICES, OR THESE TERMS AND CONDITIONS.

WAIVER OF CLASS ACTIONS: USERS AGREE THAT ANY DISPUTES OR CLAIMS BROUGHT AGAINST NexGen Futures SHALL BE CONDUCTED IN THEIR INDIVIDUAL CAPACITIES ONLY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND UNLESS BOTH THE USER AND NexGen Futures AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS.

EXCLUSIVITY OF INDIVIDUAL LEGAL REMEDIES: BY AGREEING TO THESE TERMS AND CONDITIONS, USERS ACKNOWLEDGE THAT THEY WAIVE THEIR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION AGAINST NexGen Futures. USERS UNDERSTAND THAT THEY ARE ELECTING TO WAIVE CERTAIN LEGAL RIGHTS THAT MAY OTHERWISE AFFORD THEM THE OPPORTUNITY TO PARTICIPATE IN CLASS OR COLLECTIVE ACTIONS.

JUDICIAL FORUM FOR DISPUTES: IN THE EVENT THAT THE CLASS ACTION WAIVER CLAUSE IS FOUND TO BE UNENFORCEABLE OR INVALID FOR ANY REASON, THE ENTIRETY OF THE DISPUTE RESOLUTION PROVISION (INCLUDING THE BINDING ARBITRATION AGREEMENT) SHALL BE NULL AND VOID. IN SUCH INSTANCES, USERS AGREE THAT ANY LEGAL DISPUTES OR CLAIMS WILL BE BROUGHT IN A JUDICIAL FORUM AS SET FORTH IN THE GOVERNING LAW AND JURISDICTION PROVISION.

CONTINUED RECOGNITION POST-TERMINATION: THE CLASS ACTION WAIVER SHALL SURVIVE ANY TERMINATION OF THE USER’S RELATIONSHIP WITH NexGen Futures THE TERMINATION OF THESE TERMS AND CONDITIONS, AND THE CESSATION OF THE USE OF NexGen Future’s PLATFORM AND SERVICES.

AMENDMENT AND MODIFICATION: NexGen Futures RESERVES THE RIGHT TO AMEND OR MODIFY THIS CLASS ACTION WAIVER PROVISION. SUCH AMENDMENTS WILL BE EFFECTIVE IMMEDIATELY UPON THEIR POSTING ON THE PLATFORM. CONTINUED USE OF THE PLATFORM FOLLOWING ANY SUCH CHANGES CONSTITUTES THE USER’S ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND BY THE MODIFIED TERMS.

FORCE MAJEURE.

Definition and Scope: This provision outlines the terms related to Force Majeure events in the context of NexGen Futures’ Platform and services. A Force Majeure event refers to any circumstance beyond the reasonable control of NexGen Futures, including but not limited to acts of God, war, riots, embargoes, acts of civil or military authorities, fires, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

Non-Liability for Force Majeure Events: In the occurrence of a Force Majeure event, NexGen Futures shall not be considered in breach of its obligations under these Terms and Conditions if its performance is prevented, hindered, or delayed by such events. This includes the inability to fulfill orders, provide services, or maintain the functionality of the Platform due to circumstances outside of NexGen Future’s reasonable control.

Notification: In the event of a Force Majeure, NexGen Futures shall promptly notify users of the occurrence of such an event and shall use diligent efforts to resume performance as soon as possible. This notification shall detail the nature of the Force Majeure event and any anticipated impact on the services provided by the Platform.

Mitigation and Continuation of Service: NexGen Futures is committed to taking all reasonable steps to mitigate the effects of a Force Majeure event and to continue to provide services to the best of its ability. However, during such events, certain disruptions or delays in services may be unavoidable.

Termination Due to Extended Force Majeure: If a Force Majeure event continues for an extended period, impacting the ability of NexGen Futures to deliver its services effectively, either party may terminate the affected service with immediate effect upon written notice. However, users shall not be entitled to any refund, credit, or compensation for service termination under such circumstances.

User Acknowledgment: By using the Platform, users acknowledge and accept that NexGen Futures is not liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, as described in this Force Majeure provision.

ENTIRE AGREEMENT.

Comprehensive Understanding: These Terms, including any additional policies or agreements incorporated by reference, constitute the entire agreement and understanding between NexGen Futures and you, superseding all prior or contemporaneous communications, proposals, understandings, agreements, or representations, whether oral or written, between the parties regarding the subject matter herein.

No Reliance on Oral Representations: You acknowledge that you have not relied upon any representation, promise, or warranty made by NexGen Futures except as expressly set forth in these Terms.

No Oral Modifications: Any modifications, amendments, or supplements to these Terms must be made in writing and signed by an authorized representative of NexGen Futures. No oral modifications or agreements shall be valid.

Survival: Any provision that, by its nature, should survive termination or expiration, shall survive termination or expiration, including but not limited to provisions governing intellectual property, limitation of liability, indemnification, dispute resolution, and governing law.

Consistency: In the event of any conflict or inconsistency between the provisions of these Terms and any other agreements or policies, the provisions of these Terms shall prevail.

SEVERABILITY.

Enforceability of Terms: In the event that any provision or part of these Terms is determined to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remainder of these Terms shall remain in full force and effect.

Modification of Invalid Terms: The invalid, illegal, or unenforceable provision shall be modified to the extent necessary to render it valid, legal, and enforceable while preserving its intent. If modification is not possible, the affected provision or part thereof shall be deemed severed from these Terms, but all other provisions and parts of these Terms shall continue in full force and effect.

Effect on Agreement: The invalidity, illegality, or unenforceability of any provision shall not affect the validity, legality, or enforceability of any other provision or part of these Terms, which shall remain in full force and effect as though such invalid, illegal, or unenforceable provision had never been included.

Construction: These Terms shall be construed as if each provision and part thereof were drafted independently, and any presumption or rule of construction against construing ambiguities in favor of the drafting party shall not apply to the interpretation or construction of these Terms.

WAIVER.

No Automatic Waivers: The failure or delay of NexGen Futures in exercising any right, remedy, power, or privilege under these Terms shall not constitute a waiver thereof. Similarly, any single or partial exercise of any right, remedy, power, or privilege hereunder shall not preclude further exercise of the same or of any other right, remedy, power, or privilege.

Written Requirement: Any waiver by NexGen Futures of a breach of any provision of these Terms shall only be effective if it is in writing and signed by an authorized representative of NexGen Futures. A waiver of any term or provision shall not be construed as a waiver of any subsequent breach or default, whether of a similar nature or otherwise.

Retaining Rights: No waiver by NexGen Futures of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of NexGen Futures to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

AMENDMENTS.

We reserve the right to modify, update, or change these Terms at any time and without prior notice. Any modifications will be effective immediately upon posting on our website. It is your responsibility to review these Terms periodically to stay informed of any updates or changes. By continuing to access our website and use our services after the modifications have been made, you agree to be bound by the revised Terms.

• Changes to Terms: We may modify these Terms to reflect changes in our business practices, legal requirements, or improvements to our services. We will make reasonable efforts to provide notice of material changes to these Terms. Such notice may be provided through our website, by email, or by other means we deem appropriate. It is your responsibility to review the updated Terms.
• Continued Use: By continuing to access our website and use our services after the modifications have been made, you indicate your acceptance of the modified Terms. If you do not agree with the modified Terms, you should discontinue using our website and services.
• Effect on Prior Agreements: Any modifications to these Terms will apply prospectively and will not affect any rights or obligations that arose prior to the effective date of the modifications. If you have entered into any separate agreements with us, the terms of those agreements will prevail in the event of any inconsistency with these Terms, unless expressly stated otherwise.
• Right to Terminate: We reserve the right to terminate, suspend, or restrict your access to our website and services, in whole or in part, at our sole discretion and without liability, if you fail to comply with these Terms or for any other reason, we deem necessary.

Please note that any modifications to these Terms will not affect our commitment to protecting your privacy and maintaining the confidentiality and security of your personal information. Our privacy practices are governed by our Privacy Policy.

HEADINGS.

The headings used in these Terms are for convenience and reference purposes only. They do not limit, interpret, or define the scope or intent of the provisions contained herein. The headings are not intended to be legally binding or to affect the meaning or interpretation of these Terms.

• Interpretation: The provisions contained in these Terms shall be interpreted in accordance with their plain meaning and intent, regardless of any headings or titles.
• Organization and Structure: The headings used throughout these Terms are provided to aid in navigating and understanding the content. They are organized in a logical manner and reflect the general subject matter of the respective sections.
• Non-Exclusive: The headings used in these Terms are not an exhaustive representation of the topics covered. Other terms and concepts may be included in each section, regardless of whether they are explicitly stated in the headings.
• No Legal Significance: The headings are not intended to have any legal significance or to modify or alter the rights and obligations of the parties under these Terms. They are simply a structural element to enhance readability.

Please note that the headings provision is included for organizational purposes and does not impact the substantive rights and obligations set forth in these Terms.

CONTACT US.

Communication Channels: If you have any questions, concerns, or feedback regarding these Terms, our Platform, or any of our products or services, please feel free to contact us through any of the following channels:

• Email: legal@nexgenfuturestrader.com

Response Time: We will make reasonable efforts to respond to your inquiries promptly, typically within., two business days. However, please note that response times may vary depending on the nature and complexity of your inquiry.

Provide Sufficient Information: To assist us in addressing your concerns effectively, please ensure that your communication includes your name, contact information, and a clear description of your question or issue.

Updates: We may update the contact information provided herein from time to time. It is your responsibility to check this provision for the most current contact information.

No Legal Advice: Please note that any information provided through our contact channels is for general informational purposes only and does not constitute legal, financial, or professional advice. For specific legal or financial concerns, consult with a qualified professional.

Record Keeping: We may retain records of your inquiries and our responses for our records and as required by applicable laws and regulations.