By accessing, browsing, creating or logging into an account, downloading content, or otherwise connect to the Level2Markets.com website (the "Website"), you (the user, the "Client") agree that you have read, understood, and agree to be bound by all of the terms of these Terms of Service in your interactions with the operators of the website, Level 2 Markets LLC, a New Mexico limited liability company, and its affiliated entities (collectively, the "Company"). Your continued access to and use of this Web Site and any pages hereof shall constitute your agreement to be bound by these Terms of Service as well as any other legal notices, disclaimers, and statements contained on this Web Site, including but not limited to the Privacy Policy.
The Company reserves the right to modify these Terms of Service. You are responsible for reviewing these Terms of Service. Your continued access and use of this Web Site shall constitute your acceptance of these Terms of Service as changed.
By accessing, browsing, creating or logging into an account, downloading content, or otherwise connect to the Website, and/or trading platforms provided by the Company, you confirm that you agree to give up, and you hereby waive, any and all rights to participate in a class action lawsuit or representative action in relation to any disputes or claims arising out of or relating to these Terms of Service or the services and products provided by the Company. Users should check back often to review the Terms of Service and Privacy Policy. The information and materials presented on this Web Site are subject to change without notice. Once accepted, these Terms of Service remain effective until terminated as provided for herein.
"LEVEL 2 MARKETS", the Company's logo, and the contents of the Web Site (unless otherwise stated) may not be used without express written consent. Any other names and/or logos used to identify specific goods or services are trademarks and/or intellectual property of their respective owners. Permission is granted only to view and download the content and images on this Website for personal, non-commercial user only. You may not copy or mirror any of the content on this Website to be displayed and served from another server. Unauthorized use of the content and images on this Website may constitute violations of applicable copyright laws.
The Company provides evaluation services in which the user independently engages in trading operations in a simulated trading account using software made available to the user by the Company. This service does not constitute broker-dealer activities, futures commission merchant services, retail foreign exchange dealer services, investment management, nor any other activity which requires registration by the CFTC, NFA, SEC, or other regulatory body for investments, derivatives, or currencies. Additionally, the Company may provide generalized educational information and training materials for informational and educational purposesly only. Such information does not include personalized recommendations and is therefore does not constitute investment advice under any applicable regulatory body.
Upon purchasing a trader evaluation product, the Company will provide the appropriate information to log into and access the simulated trading environment to conduct the evaluation in accordance with the terms of the package offered by the Company that was chosen by the user before payment. If you are unable to receive the login information for any reason, including but not limited to your email service provider mistaking our emails for unsolicited spam/junk, it is your responsibility to check your spam/junk box and/or contact our support to obtain the information by providing your receipt, payment confirmation, or other proof of payment. Each evaluation product is distinguished by specific terms including a price, buying power, simulated profit target rules, simulated maximum loss rules, and other specifications displayed on the Website where the user purchased the package. In order to pass an evaluation, the user must achieve the profit targets without falling below the loss limits as provided in the specifications of the package chosen by the user, following all applicable restrictions which remain subject to adjustment by the Company from time to time.
Each user is allowed one User Login ID. If the user purchases more than one Evaluation Account (in accordance with the rules and limits shown on the Company's website), all accounts must be under the same User Login ID. Any attempt to circumvent this rule, including but not limited to the use of multiple email addresses, a VPN, or other means to create multiple User Login IDs to fraudulently appear as multiple users, the Company may disqualify all of the accounts related to the fraudulent User Login IDs with no refund.
During the evaluation, if the user violates any rules or conditions in these Terms of Service or any of the rules and conditions in the specifications of the package purchased by the user as shown on the Website, the evaluation may be deemed unsuccessful and the user will not be eligible for a refund. All first payout requests are processed through the Company's security procedures to ensure that the payouts have been earned in accordance with the Company's Terms of Service and are not in breach of prohibited practices. The user agrees that he/she has read, understood, and agreed with all of the rules presented on the website in relation to the Evaluation Account Type chosen by the user, and that it is the user's responsibility to stay up-to-date on the rules as shown on the website.
The simulated trading environments are close representations of real trading conditions in live markets but is not a 100% perfect match.
There are certain trading activities which can exploit the weaknesses in a simulated trading environment which would causes losses for
a proprietary trading firm's funds when the same activities are replicated in a real live account. Therefore, such activities cannot be
accepted as a method of passing the evaluations. While it's possible to accidentally exploit such weaknesses, we ask that all users
become aware that these practices are not acceptable.
Such practices that exploit weaknesses in simulated trading environments include but are not limited to:
- Trades performed outsidfe of the top of book best bid and best ask at any given time
- Any form of exploitation of market data delays or the speed of networks or the speed of a server processing trades
- Exploitation of errors caused by the simulated trading software, hardware, the Company's website, trading platform, exchange, data feed, or network connection
- Market manipulation or disruptive practices including but not limited to practices prohibited by exchanges, regulators, such as spoofing and layering
- Automated or AI driven high frequency trading strategies that rely on exploiting the speed of hardware, network connection, software, or other unfair advantage
- Exploiting unrealistic order fills that are possible in a simulated environment but not realistic in a live market
- Committing any form of fraud or masking of the user's identity to manipulate the system and unfairly pass an evaluation or manipulate the simulated trading environment
By purchasing any product or service from the Company, including but not limited to evaluation packages, the user agrees not to exploit
any technical loopholes such as those listed above, including but not limited to unintended functions provided erroneously, network connection speed issues, or
hardware or software bugs in relation to the Company's servers or the servers on which the trading platform is provided. Any such exploitation of
technical loopholes shall constitute a violation of these Terms of Service and would invalidate the user's evaluation with no obligation of refund.
The simulated trading environment used in trader evaluation products are subject to the functioning of a real market. Trading activity in the
evaluation products that knowingly or unknowingly circumvents the intended function of the software, circumvents targets and loss limits or other
rules, trading in concert with or on behalf of others, or generates profits that could not realistically be achieved in live market trading by exploiting a weakness in the software or delay in the
market data feed, shall
constitute a violation of these Terms of Service and will invalidate a user's evaluation with no obligation of refund.
If a user is found to have taken advantage of weaknesses in the simulated environment used in the evaluation or otherwise violated these
Terms of Service before or after passing an evaluation, the user will not be entitled to refunds or payouts of any funds in subsequent products or
services provided by the Company.
If, for any reason, the user is deemed unsuccessful in the evaluation, and the user wishes to continue in evaluations under the simulated trading conditions, the user will be required to pay for a reset at then-current pricing as shown on this Website or wait until the next monthly renewal payment for a reset at no additional charge above the regular subscription rate for the account type. If the user is deemed successful in the evaluation, in accordance with these Terms of Service and the specifications of the evaluation package purchased by the user including but not limited to the maximum loss limit and the profit target and any applicable limitations and rules, the user will be offered an opportunity to trade a Pro Trader account which allows the user to withdraw profits earned, up to a maximum of the amount earned by the user while trading the Pro Trader account less the Safety Reserve Minimum as specified on the website for the account type. Pro Trader accounts must adhere to the consistency rule applicable to evaluation accounts before requests for payouts. The terms of the Pro Trader account or other services and products provided by the Company are subject to change.
Not all products and services are available to potential Clients who are legally resident in all geographic areas. The Company reserves the right, in its sole discretion, to reject to do business with any Client. Additionally, the Company may, in its sole discretion, terminate any Client's account without prior notice for the violation of these Terms of Service or other reasons to protect the interests of the Company or the user. The Company reserves the right to exercise control over the activities of the Client regarding the use of the Company's services.
Additionally, by purchasing an evaluation or otherwise engaging with the services and products provided by the Company, the user represents that: you are sound of mind, are of legal age and of legal competence; the Client (if not a natural person) is duly organized and in good standing under the applicable laws of the jurisdiction of its organisation; and, if the Client is a corporate entity, the person who has engaged with the products or services provided by the Company on the Client entity's behalf is duly authorized to do so; and the information provided by the Client to the Company in all applications and forms at any time thereafter is true, accurate and complete.
The Company reserves the right to modify, replace, add, or remove content or functions of the Website and/or the services or products provided to the user at any time without guarantee of compensation. The Company is not responsible for its failure to provide services or products if that failure occurs due to technical or operational reasons beyond the control of the Company, including but not limited to Force Majeure events or any products or services cannot be provided as a result of the Company's obligations imposed by law enforcement, the decision or actions of a public authority or regulatory organization, or the failure of a product or service provided by a third-party service provider.
The Company's Web Site may provide links to external web sites and resources that are owned and operated by third parties who are not affiliated with the Company. The Company has no control over the content, nor any additions or changes to the content, presented by such third-party sites. The Company shall not be held responsible or liable for any part of the content or services provided by such a third-party web site, including but not limited to the accuracy, completeness, reliability or suitability thereof for any particular purpose. The Company does not guarantee the authenticity or legitimacy of any documents on the internet. Links to third-party web sites do not imply any endorsement of the products, services, opinions, ideas, or other content presented at third-party web sites. You are responsible for viewing and abiding by the privacy statements and terms of use at such web sites. The Company may utilize the services or third-party payment processors to process payments of credit cards and other accepted payment methods. The Company does not store any payment card information directly for any purchases made through such third-party payment processors, and the use of such third-party payment processors may be subject to additional terms and conditions imposed by the third-party payment processor.
By using this Web Site, you agree that you will not use the Web Site for any purpose that is unlawful or prohibited by these Terms of Service. You agree that you will not use the Web Site in any way that could damage or overburden any server or any network connected to the Company's server(s). Additionally, you agree that you will not use the Web Site in any manner that would interfere with any other party's use of the Company's Web Site or other servers.
THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO ANY PRODUCTS, SERVICES, AND CONTENT INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT OR REPRESENT THAT THE FUNCTIONS OR OPERATIONS OF THE COMPANY SITES OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE COMPANY SITES OR SERVICES, ITS SERVERS, OR ANY E-MAIL SENT FROM THE COMPANY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE SITES OR SERVICES ARE LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, THE COMPANY SPECIFICALLY DISCLAIMS SUCH WARRANTIES. BY USING THE SITES OR SERVICES, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SITES OR SERVICES. YOU ACKNOWLEDGE THAT THE SITES AND SERVICES, AND OTHER CONTENT ARE PROVIDED “AS IS” WITH ALL THEIR ERRORS, DEFECTS AND SHORTCOMINGS AND THAT THEIR USE IS AT YOUR SOLE RESPONSIBILITY AND RISK. WITHOUT LIMITING THE ABOVE, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY WITH REGARD TO ANY LINKED WEBSITE. THE COMPANY DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED WEBSITE. THE INFORMATION, PRODUCTS, SOFTWARE OR SERVICE DESCRIPTIONS PUBLISHED ON OUR SITES, SERVICES, OR ON A LINKED WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. THE COMPANY DISCLAIMS LIABILITY FOR SUCH ERRORS AND DOES NOT WARRANT OR REPRESENT THAT THE CONTENT ON OUR SITES, SERVICES, OR A LINKED WEBSITE IS UPDATED OR COMPLETE. THE COMPANY HAS NO OBLIGATION TO UPDATE ANY CONTENT ON OUR SITES OR SERVICES AND MAY CHANGE OR IMPROVE OUR SITES OR SERVICES AT ANY TIME WITHOUT NOTICE. WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE THROUGH OUR SITES OR SERVICES BY ANY PARTY OTHER THAN US.
THE SERVICES, MARKETING MATERIAL, AND WEB SITES OF LEVEL2MARKETS ARE PROVIDED "AS IS" TO THE USER AND THE COMPANY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES OF ANY KIND. DUE TO THE POSSIBILITY OF HUMAN AND MECHANICAL ERROR AS WELL AS OTHER FACTORS, THE COMPANY IS NOT RESPONSIBLE FOR ANY ERRORS IN OR OMISSIONS FROM THE INFORMATION CONTAINED IN OR ACCESSED THROUGH THE COMPANY'S WEB SITE(S). FURTHERMORE, THE COMPANY SHALL NOT BE HELD LIABLE FOR ANY DELAY, DIFFICULTY IN USE, INACCURACY OF INFORMATION, COMPUTER VIRUSES, MALICIOUS CODE OR OTHER DEFECT IN THIS WEB SITE, OR FOR THE INCOMPATIBILITY BETWEEN THIS WEB SITE AND FILES AND THE USER'S BROWSER OR OTHER SITE ACCESSING PROGRAM. THE COMPANY SHALL NOT BE LIABLE FOR ANY OTHER PROBLEMS DUE TO CAUSES BEYOND THE COMPANY'S CONTROL. ALL UTILISATION OF THE SERVICES AND WEB SITE TAKES PLACE AT THE SOLE RISK OF THE USER.
THE COMPANY AND ITS AFFILIATES SHALL HAVE NO TORT, CONTRACT OR OTHER LIABILITY TO THE USER AND/OR ANY THIRD PARTY ARISING IN CONNECTION WITH THE USE OF THIS WEB SITE, OR RELIANCE ON ANY INFORMATION OR SERVICES PROVIDED AT THIS WEB SITE. NO ADVICE OR INFORMATION, WRITTEN OR VERBAL, WHICH THE USER MAY RECEIVE FROM THE COMPANY OR THROUGH THE SERVICE SHALL CREATE ANY LEGALLY BINDING COUNSEL OR GUARANTEE UNLESS OTHERWISE EXPRESSLY STATED IN THESE TERMS OF SERVICE.
THE COMPANY (INCLUDING ITS PARTNERS, OWNERS, AFFILIATES AND SERVICE PROVIDERS) SHALL NOT BE HELD RESPONSIBLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING DELAYS, DAMAGES CAUSED BY UNUSED SERVICE POSSIBILITIES, LOSS OF INCOME, GOODWILL, USER RIGHTS, OR DATA OR OTHER ECONOMICAL LOSSES RESULTING FROM: USE OF THE SERVICES OR BECAUSE SERVICES COULD NOT BE USED; COSTS ARISING FROM ACQUIRING A SUBSTITUTE SERVICE; DATA OR INFORMATION RECEIVED THROUGH THE SERVICES; UNLAWFUL DATA TRANSMISSIONS OR UNLAWFUL ALTERATIONS TO THESE; OR OTHER CONDITIONS CONNECTED TO THE SERVICES. FURTHER, THE COMPANY SHALL NOT BE HELD LIABLE FOR ANY LOSS OR EXPENSE INCURRED BY THE CLIENT IN CONNECTION WITH, OR DIRECTLY OR INDIRECTLY ARISING FROM ANY FAILURE BY THE COMPANY TO PERFORM ANY OF ITS OBLIGATIONS AS A RESULT OF A CAUSE BEYOND ITS CONTROL; OR THE ACTS, OMISSIONS OR NEGLIGENCE OF ANY THIRD PARTY. IN NO EVENT WILL THE COMPANY'S LIABILITY FOR ANY CLAIM OF ANY KIND FOR ANY PRODUCT OR SERVICE, OR THE USE OR PERFORMACE THEREOF, EXCEED THE GREATER OF (a) THE AMOUNT PAID BY THE INDIVIDUAL USER IN THE IMMEDIATELY PRECEDING MONTH FOR THE COMPANY'S PRODUCTS OR SERVICES OR (b) $99 USD. IN ANY STATES OR JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
You agree to indemnify and hold the Company, its subsidiaries, affiliates, directors, officers, staff, and third party content providers and service providers, harmless from and against any and all claims, losses, liability, costs and expenses (including but not limited to attorney's fees) arising from your use of the Website, or from your violation of these Terms of Service.
If any part of these Terms of Service, or any part of any term set forth by this document or on the Website, shall be held by a court of competent jurisdiction to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid and enforceable provision that most closely matches the intent of the original provision and the enforceability of the remainder of these Terms of Service, as well as any part of any term set forth by the Company, shall remain in effect.