Please read this Disclaimer, our Terms, Conditions, and refund policy prior to using our website or any of our content, including our courses.
Futurez Day Trading Disclosure Policy and Terms of Use
Future Z, LLC ("Futurez Day Trading”) is a company that represents individuals and private investors who teach and learn from each other.
We believe that the futures market has massive potential to help others grow wealth. The primary indices have a compounded 10% average annual return over the last century and if someone can be coached and guided in the right direction, it can help guide that person to financial independence.
Our employees are not part of our team because they are good at what they do, they are part of the team because they are excellent communicators and educators of financial topics. We teach and educate all walks of life ranging from beginners to experts.
One of the best methods of teaching and educating is to show an example. Our team utilizes this by expressing individual holdings that he or she is considering and around what value they are considering those stocks. The rationale for each listing is part of a long-term education to help teach each reader a bit more about the investing process and give an example of that process. The individual posts are not meant as a financial recommendation or endorsement of that stock in any way, it is purely educational and to be used as an example to help learn the overall process.
Our team uses various forums to help educate and teach our clients. Sometimes, when we use the examples of individual listings, these listings do not perform as hoped or even result in a loss. This is a great way for our team to demonstrate that the market has no guarantees and that even members of our team will make unprofitable decisions. Futurez Day Trading makes no guarantee as to any performance in the market and the individual examples from our team, whether profitable or not, are intended to act solely as an example and not as specific financial advice.
No Outside Affiliations
Futurez Day Trading has no affiliations with companies or investment houses. As such, any educational individual listings are purely based upon one of our team member’s personal beliefs and research, not on any outside influence or possible bias. Our team is made of multiple individuals who love the art of investing and who love helping and teaching others even more. Futurez Day Trading does not employ licensed financial advisors and any information received from Futurez Day Trading is not intended to be financial, legal, or tax advice in any way. Futurez Day Trading in no way is expressing an opinion on the value of securities or the advisability of investing in, purchasing, or selling securities.
Education of Investor Public
Futurez Day Trading is simply trying to further the collective knowledge about investing and each comment or individual example is not a recommendation but is instead an idea for further consideration. It is also part of a bigger goal of educating and teaching the investor public so that he or she can more confidently and more intelligently make investment decisions on his or her own. By visiting and using this website (www.futurezdaytrading.com and the Futurez Day Trading Community site - collectively “The Sites”), you agree to accept these Terms of Use (“TOU”). The TOU governs your access to and use of The Sites. Please read this entire document carefully and if you disagree with the TOU in any way, then do not use The Sites or any of the possible services associated with The Sites.
Access to The Sites
Futurez Day Trading does not guarantee that access to The Sites will remain uninterrupted or error free, and Futurez Day Trading shall not be liable for any feature not being accessible or for any unavailability of The Sites or Associated Services. Futurez Day Trading may also, in our sole discretion, at any time, discontinue providing, temporarily or permanently, any or all of The Sites or Associated Services, without notice.
Minors
Futurez Day Trading does not provide information or services to minors. Even with parental consent, Futurez Day Trading does not provide information or services to minors. If you are under the age of 18-years-old, do not use this site, The Sites, or any of the Associated Services. If you lie about your age and we find out, we will immediately suspend your account with no refunds.
No Individual Investment Advice
Futurez Day Trading does not provide individual or customized legal, tax, accounting, or investment services. Since each individual's situation is unique, a qualified professional should be consulted before making financial decisions.
Message Web Site Content Limitations
Futurez Day Trading makes no guarantees as to the accuracy, thoroughness, or quality of the information on The Sites or through the Associated Services, which is provided only on an “AS-IS” and “AS AVAILABLE” basis at each user’s sole risk. This information may be provided by third parties and Future Z, LLC ("Futurez Day Trading”) is a company that represents individuals and private investors who teach and learn from each other.
We believe that the futures market has massive potential to help others grow wealth. The primary indices have a compounded 10% average annual return over the last century and if someone can be coached and guided in the right direction, it can help guide that person to financial independence.
Our employees are not part of our team because they are good at what they do, they are part of the team because they are excellent communicators and educators of financial topics. We teach and educate all walks of life ranging from beginners to experts.
One of the best methods of teaching and educating is to show an example. Our team utilizes this by expressing individual holdings that he or she is considering and around what value they are considering those stocks. The rationale for each listing is part of a long-term education to help teach each reader a bit more about the investing process and give an example of that process. The individual posts are not meant as a financial recommendation or endorsement of that stock in any way, it is purely educational and to be used as an example to help learn the overall process.
Our team uses various forums to help educate and teach our clients. Sometimes, when we use the examples of individual listings, these listings do not perform as hoped or even result in a loss. This is a great way for our team to demonstrate that the market has no guarantees and that even members of our team will make unprofitable decisions. Futurez Day Trading makes no guarantee as to any performance in the market and the individual examples from our team, whether profitable or not, are intended to act solely as an example and not as specific financial advice.
No Outside Affiliations
Futurez Day Trading has no affiliations with companies or investment houses. As such, any educational individual listings are purely based upon one of our team member’s personal beliefs and research, not on any outside influence or possible bias. Our team is made of multiple individuals who love the art of investing and who love helping and teaching others even more. Futurez Day Trading does not employ licensed financial advisors and any information received from Futurez Day Trading is not intended to be financial, legal, or tax advice in any way. Futurez Day Trading in no way is expressing an opinion on the value of securities or the advisability of investing in, purchasing, or selling securities.
Education of Investor Public
Futurez Day Trading is simply trying to further the collective knowledge about investing and each comment or individual example is not a recommendation but is instead an idea for further consideration. It is also part of a bigger goal of educating and teaching the investor public so that he or she can more confidently and more intelligently make investment decisions on his or her own. By visiting and using this website (www.futurezdaytrading.com and the Futurez Day Trading Community site - collectively “The Sites”), you agree to accept these Terms of Use (“TOU”). The TOU governs your access to and use of The Sites. Please read this entire document carefully and if you disagree with the TOU in any way, then do not use The Sites or any of the possible services associated with The Sites.
Access to The Sites
Futurez Day Trading does not guarantee that access to The Sites will remain uninterrupted or error free, and Futurez Day Trading shall not be liable for any feature not being accessible or for any unavailability of The Sites or Associated Services. Futurez Day Trading may also, in our sole discretion, at any time, discontinue providing, temporarily or permanently, any or all of The Sites or Associated Services, without notice.
Minors
Futurez Day Trading does not provide information or services to minors. Even with parental consent, Futurez Day Trading does not provide information or services to minors. If you are under the age of 18-years-old, do not use this site, The Sites, or any of the Associated Services. If you lie about your age and we find out, we will immediately suspend your account with no refunds.
No Individual Investment Advice
Futurez Day Trading does not provide individual or customized legal, tax, accounting, or investment services. Since each individual's situation is unique, a qualified professional should be consulted before making financial decisions.
Message Web Site Content Limitations
Futurez Day Trading makes no guarantees as to the accuracy, thoroughness, or quality of the information on The Sites or through the Associated Services, which is provided only on an “AS-IS” and “AS AVAILABLE” basis at each user’s sole risk. This information may be provided by third parties and Futurez Day Trading shall not be responsible or liable for any errors, omissions or inaccuracies in The Sites content. The information and investment, accounting, or legal strategies provided at this Site are neither comprehensive nor appropriate for every individual. Some of the information is relevant only in Canada or the U.S. and may not be relevant to or compliant with the laws, regulations or other legal requirements of other countries. It is your responsibility to determine whether, how and to what extent your intended use of the information and the Associated Services will be technically and legally possible in the areas of the world where you intend to use them. You are advised to verify any information before using it for any personal, financial, accounting, legal, or business purpose. In addition, the opinions and views expressed in any postings on The Sites are solely those of the individual investor and do not reflect the opinions of Futurez Day Trading or its management. The Sites’ content and services may be modified at any time by us, without advance notice or reason, and Futurez Day Trading shall have no obligation to notify you of any corrections or changes to any of The Sites’ content.
Third-Party Content
Any testimonials, opinions, advice, product or service offers, or other information or content made available on or through The Sites by third parties (“Third-Party Content”) are solely those of their respective providers and not of Futurez Day Trading which does not guarantee the accuracy, completeness, reliability, or usefulness of Third-Party Content. It is your responsibility to evaluate Third-Party Content and Futurez Day Trading shall not be liable for any damage or loss caused by your reliance on or other use of Third-Party Content.
PLEASE NOTE: Futurez Day Trading does not provide tax, accounting, legal, investment, or financial services. The information available through The Sites or Associated Services is provided solely for informational purposes on an “as is” basis at the user’s sole risk. The information is not meant to be and should not be construed as advice or used for investment, financial planning, legal, accounting, or tax purposes. Futurez Day Trading makes no guarantees as to the accurateness, quality, or completeness of the information and Futurez Day Trading shall not be responsible or liable for any errors, omissions, inaccuracies in the information or for any user’s reliance on the information. Each individual, also known as user, is solely responsible for verifying the information as being appropriate for the user’s personal use, including without limitation, seeking the advice of a qualified professional regarding any specific financial, legal, accounting, or tax questions a user may have. While Futurez Day Trading may edit posts or listings on The Sites, these edits do not endorse any particular financial, legal, accounting, or tax professionals, and is not responsible for any erroneous reliance by the user. Futurez Day Trading is not endorsed by or affiliated with any state/provincial/territorial bar association or other legal or accounting membership organization or association, tax authorities, or agencies or associations, or the Financial Industry Regulatory Authority (FINRA) in the U.S., the Investment Industry Regulatory Organization of Canada (IIROC) or any other financial regulatory authority, agency, or association.
Indemnification
You agree to indemnify and hold Futurez Day Trading harmless from and against any claims arising out of or related to your participation in The Sites or Associated Services, including those alleging that your participation in Associated Services violates any law or regulation or infringes or otherwise violates any intellectual property or other proprietary right of any person or entity.
Payment
Each service, including but not limited to, a subscription package (collectively the “Associated Services”) is offered for a certain price as listed on the relevant landing page. All fees are in U.S. dollars. To purchase the Associated Services, you must provide one or more Payment Methods. You represent and warrant that you are authorized to use any and all Payment Method(s) you use to purchase the Associated Services. You agree to pay for all Futurez Day Trading products and services that you purchase, and agree that we may charge your selected payment method through our third-party payment processor for any such payments. If your payment method fails, we may collect fees owed or use other collection methods. We may also suspend or terminate your access to the Associated Services. For some Payment Methods, the issuer may also charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Local tax charges may vary depending on the Payment Method used. Check with your provider for details. “Payment Method” means a current, valid, accepted method of payment as may be updated from time to time and which may include payment through your account with a third party).
We use a secure third-party payment processor(s) for the Associated Services. These payment processors accept payment methods as detailed on the payment page. Information that you supply to our payment processors is not stored or controlled by us and is subject to the third-party payment processors’ privacy policy and terms and conditions. To the extent allowed under applicable law, we disclaim all liability with regard to any problems you have with any third-party payment processors.
Compliance with Laws
You agree to comply with all applicable laws in connection with your purchasing and/or viewing of any Associated Services. Further, access to our Associated Services from certain territories is prohibited. You agree that you will not violate any data export laws in connection with your purchase and/or viewing of the Associated Services if you reside outside the United States or in the state of California.
Subscription Services
Included as part of the Associated Services, Futurez Day Trading may offer certain paid subscription services in certain regions. If you enroll in any Futurez Day Trading paid subscription service, your subscription will continue month-to-month until terminated. You agree that your account will be subject to this automatic renewal feature. If you do not wish your account to renew automatically or want to change or terminate your subscription, please go to https://futurezdaytrading.memberful.com/join and submit the requested change or termination. To use the Futurez Day Trading subscription service you must have internet access and provide us with one or more Payment Methods.
Billing
Unless you cancel your subscription(s) before your monthly billing date, you authorize us to charge your next week’s/month’s/year’s subscription fee to your Payment Method. You also authorize Futurez Day Trading to charge you for any sales or similar taxes that may be imposed on your subscription payments. Such fees will be charged on the calendar day corresponding to the commencement of your subscription. In some cases your payment date may change, for example if your Payment Method has not successfully settled or if your paid subscription began on a day not contained in a given month. In order to see your next payment date, please contact us at https://futurezdaytrading.com/join.
Payment Methods and Subscriptions: In order to enroll in a Futurez Day Trading paid subscription service, you must provide one or more Payment Methods. We may update your Payment Method using information provided to us by our payment processors. Following an update, you authorize us to continue to charge the applicable Payment Method(s). You agree to promptly update all information to keep your Payment Methods current, complete, and accurate (such as change in billing address, card number, or expiration date), and you must promptly notify Futurez Day Trading if your Payment Method is canceled (or if you lose your credit card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your name or Account password). Changes may be made by going to https://futurezdaytrading.memberful.com/join and submitting an updated payment method which will be received by our payment processor. You authorize us to charge any Payment Method associated with your account in case your primary Payment Method is declined or no longer available to us for payment of your subscription fee. You remain responsible for all unpaid amounts. If any payment it not successfully settled due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may terminate your access to the service until we have successfully charged a valid Payment Method. If you initiate a chargeback or otherwise reverse a payment made with your Payment Method, Futurez Day Trading may in its discretion terminate your account immediately. If Futurez Day Trading successfully disputes the reversal, and the reversed funds are returned, you are not entitled to a refund or to have your account or subscription reinstated.
Refunds and Cancellations
You can cancel your subscription at any time. To cancel, please go to https://futurezdaytrading.memberful.com/join and submit the cancelation information. If you cancel your subscription, regardless if you are on a weekly, monthly, or annual subscription, you agree to let your account be billed up to the next billing cycle but not for more than 60 days. Upon cancelation, Futurez Day Trading will automatically close your account at the end of the last billing period. In the event you cancel your subscription, please note that we may still send you promotional communications about Futurez Day Trading products and services, unless you opt out of receiving those communications by following the unsubscribe instructions provided therein.
Price and Subscription Plan Changes: We may change the subscription plans available and / or the price of our service from time-to-time, provided that any price changes will apply to you no earlier than 30 days following notice to you. We may offer several different subscription plans, including special promotional plans and some plans may have different terms and conditions, which will be provided to you at sign-up or through other communications to you.
Arbitration
This TOU states that any disputes between you and Futurez Day Trading must be resolved in binding arbitration or small claims court and that you waive the right to participate in any class action. You may opt out of arbitration and the class action waiver by following the procedures in Section 12.G below.
In the interest of resolving disputes between you and Futurez Day Trading in the most expedient and cost-effective manner, you and Futurez Day Trading agree to resolve disputes through binding arbitration or small claims court instead of in courts of general jurisdiction (“Agreement to Arbitrate”). Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Any arbitration under this TOU will take place on an individual basis; class arbitrations and class actions are not permitted. You acknowledge and agree that the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that individual party’s claim(s). Any relief awarded cannot affect other users.
YOU UNDERSTAND THAT BY ENTERING INTO THIS AGREEMENT, YOU AND FUTUREZ DAY TRADING ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Claims To Be Resolved By Binding Arbitration
You and Futurez Day Trading agree to arbitrate all disputes and claims between us. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to: claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory; claims that arose before this or any prior TOU; claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and claims that may arise after the termination of this TOU.
Exceptions
Notwithstanding the information above, you and Futurez Day Trading agree that no statement herein shall be deemed to waive, preclude, or otherwise limit either party’s right to (i) bring an individual action in small claims court; (ii) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available; (iii) seek injunctive relief in any competent court of law; or (iv) to file suit in a court of law to address intellectual property infringement claims.
Selection of the Arbitrator
Any arbitration between you and Futurez Day Trading will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this TOU, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Futurez Day Trading.
Notice and Process
A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Futurez Day Trading should be addressed to: Futurez Day Trading, 13482 Cherry Ct, Thornton, CO 80241 (“Notice Address”). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If you and Futurez Day Trading do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Futurez Day Trading may commence an arbitration proceeding.
If your claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a non-appearance based telephonic hearing, or by an in-person hearing as established by the AAA Rules. Any in-person arbitration hearings will take place at a location to be agreed upon in Broomfield County, Colorado. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
Limitations to Arbitration
You and Futurez Day Trading both agree that if an arbitration is filed, the claim will be limited to three (3) witnesses for each party and a total of 200 pages for each party.
No Class Actions
Unless both you and Futurez Day Trading agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
YOU AND FUTUREZ DAY TRADING AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Opt-Out
If you are a new Futurez Day Trading user, you can choose to reject the arbitration agreement contained in this Section (“opt-out”) by mailing us a written opt-out notice (“Opt-Out Notice”). The Opt-Out Notice must be postmarked no later than thirty (30) days after the date you accept this TOU for the first time. You must mail the Opt-Out Notice to the Notice Address listed in this Section, above.
The Opt-Out Notice must contain your name, address (including street address, city, state and zip code), and the username(s) and email address(es) associated with the Futurez Day Trading account(s) to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the Agreement to Arbitrate. If you opt out of the Agreement to Arbitrate, all other parts of this TOU will continue to apply to you. Opting out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with Futurez Day Trading.
Modifications
If Futurez Day Trading makes any future change to this Agreement to Arbitrate (other than a change to the Notice Address), you may reject any such change by sending us written notice within 30 days of the change to the Notice Address provided above. You acknowledge and agree that, in the event you reject any future change, your account with Futurez Day Trading shall be immediately terminated and you will arbitrate any dispute between us in accordance with the language of this provision.
Severability and Enforceability
In the event that any part of this TOU is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect.
Entire Agreement
This TOU constitutes the entire and exclusive understanding and agreement between you and Futurez Day Trading regarding your use of and access to the Associated Services, and except as expressly permitted above may only be amended by a written agreement signed by authorized representatives of the parties.
No Waiver
The failure to require performance of any provision shall not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of this TOU constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
Paragraph Headers
Use of paragraph headers in this TOU is for convenience only and shall not have any impact on the interpretation of particular provisions.
Partner Terms
In some instances, Futurez Day Trading’s third-party partners require that Futurez Day Trading users agree to be bound by some additional terms of use that are specific to particular products or services (“Partner Terms”). In the event of any conflict between the Partner Terms and Futurez Day Trading’s Terms of Use, Futurez Day Trading’s Terms of Use govern and control.
Notice to California Residents
Under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the service. shall not be responsible or liable for any errors, omissions or inaccuracies in The Sites content. The information and investment, accounting, or legal strategies provided at this Site are neither comprehensive nor appropriate for every individual. Some of the information is relevant only in Canada or the U.S. and may not be relevant to or compliant with the laws, regulations or other legal requirements of other countries. It is your responsibility to determine whether, how and to what extent your intended use of the information and the Associated Services will be technically and legally possible in the areas of the world where you intend to use them. You are advised to verify any information before using it for any personal, financial, accounting, legal, or business purpose. In addition, the opinions and views expressed in any postings on The Sites are solely those of the individual investor and do not reflect the opinions of Futurez Day Trading or its management. The Sites’ content and services may be modified at any time by us, without advance notice or reason, and Futurez Day Trading shall have no obligation to notify you of any corrections or changes to any of The Sites’ content.
Third-Party Content
Any testimonials, opinions, advice, product or service offers, or other information or content made available on or through The Sites by third parties (“Third-Party Content”) are solely those of their respective providers and not of Futurez Day Trading which does not guarantee the accuracy, completeness, reliability, or usefulness of Third-Party Content. It is your responsibility to evaluate Third-Party Content and Futurez Day Trading shall not be liable for any damage or loss caused by your reliance on or other use of Third-Party Content.
PLEASE NOTE: Futurez Day Trading does not provide tax, accounting, legal, investment, or financial services. The information available through The Sites or Associated Services is provided solely for informational purposes on an “as is” basis at the user’s sole risk. The information is not meant to be and should not be construed as advice or used for investment, financial planning, legal, accounting, or tax purposes. Futurez Day Trading makes no guarantees as to the accurateness, quality, or completeness of the information and Futurez Day Trading shall not be responsible or liable for any errors, omissions, inaccuracies in the information or for any user’s reliance on the information. Each individual, also known as user, is solely responsible for verifying the information as being appropriate for the user’s personal use, including without limitation, seeking the advice of a qualified professional regarding any specific financial, legal, accounting, or tax questions a user may have. While Futurez Day Trading may edit posts or listings on The Sites, these edits do not endorse any particular financial, legal, accounting, or tax professionals, and is not responsible for any erroneous reliance by the user. Futurez Day Trading is not endorsed by or affiliated with any state/provincial/territorial bar association or other legal or accounting membership organization or association, tax authorities, or agencies or associations, or the Financial Industry Regulatory Authority (FINRA) in the U.S., the Investment Industry Regulatory Organization of Canada (IIROC) or any other financial regulatory authority, agency, or association.
Indemnification
You agree to indemnify and hold Futurez Day Trading harmless from and against any claims arising out of or related to your participation in The Sites or Associated Services, including those alleging that your participation in Associated Services violates any law or regulation or infringes or otherwise violates any intellectual property or other proprietary right of any person or entity.
Payment
Each service, including but not limited to, a subscription package (collectively the “Associated Services”) is offered for a certain price as listed on the relevant landing page. All fees are in U.S. dollars. To purchase the Associated Services, you must provide one or more Payment Methods. You represent and warrant that you are authorized to use any and all Payment Method(s) you use to purchase the Associated Services. You agree to pay for all Futurez Day Trading products and services that you purchase, and agree that we may charge your selected payment method through our third-party payment processor for any such payments. If your payment method fails, we may collect fees owed or use other collection methods. We may also suspend or terminate your access to the Associated Services. For some Payment Methods, the issuer may also charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Local tax charges may vary depending on the Payment Method used. Check with your provider for details. “Payment Method” means a current, valid, accepted method of payment as may be updated from time to time and which may include payment through your account with a third party).
We use a secure third-party payment processor(s) for the Associated Services. These payment processors accept payment methods as detailed on the payment page. Information that you supply to our payment processors is not stored or controlled by us and is subject to the third-party payment processors’ privacy policy and terms and conditions. To the extent allowed under applicable law, we disclaim all liability with regard to any problems you have with any third-party payment processors.
Compliance with Laws
You agree to comply with all applicable laws in connection with your purchasing and/or viewing of any Associated Services. Further, access to our Associated Services from certain territories is prohibited. You agree that you will not violate any data export laws in connection with your purchase and/or viewing of the Associated Services if you reside outside the United States or in the state of California.
Subscription Services
Included as part of the Associated Services, Futurez Day Trading may offer certain paid subscription services in certain regions. If you enroll in any Futurez Day Trading paid subscription service, your subscription will continue month-to-month until terminated. You agree that your account will be subject to this automatic renewal feature. If you do not wish your account to renew automatically or want to change or terminate your subscription, please go to https://futurezdaytrading.memberful.com/join and submit the requested change or termination. To use the Futurez Day Trading subscription service you must have internet access and provide us with one or more Payment Methods.
Billing
Unless you cancel your subscription(s) before your monthly billing date, you authorize us to charge your next week’s/month’s/year’s subscription fee to your Payment Method. You also authorize Futurez Day Trading to charge you for any sales or similar taxes that may be imposed on your subscription payments. Such fees will be charged on the calendar day corresponding to the commencement of your subscription. In some cases your payment date may change, for example if your Payment Method has not successfully settled or if your paid subscription began on a day not contained in a given month. In order to see your next payment date, please contact us at https://futurezdaytrading.memberful.com/join.
Payment Methods and Subscriptions: In order to enroll in a Futurez Day Trading paid subscription service, you must provide one or more Payment Methods. We may update your Payment Method using information provided to us by our payment processors. Following an update, you authorize us to continue to charge the applicable Payment Method(s). You agree to promptly update all information to keep your Payment Methods current, complete, and accurate (such as change in billing address, card number, or expiration date), and you must promptly notify Futurez Day Trading if your Payment Method is canceled (or if you lose your credit card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your name or Account password). Changes may be made by going to https://futurezdaytrading.memberful.com/join and submitting an updated payment method which will be received by our payment processor. You authorize us to charge any Payment Method associated with your account in case your primary Payment Method is declined or no longer available to us for payment of your subscription fee. You remain responsible for all unpaid amounts. If any payment it not successfully settled due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may terminate your access to the service until we have successfully charged a valid Payment Method. If you initiate a chargeback or otherwise reverse a payment made with your Payment Method, Futurez Day Trading may in its discretion terminate your account immediately. If Futurez Day Trading successfully disputes the reversal, and the reversed funds are returned, you are not entitled to a refund or to have your account or subscription reinstated.
Refunds and Cancellations
You can cancel your subscription at any time. To cancel, please go to https://futurezdaytrading.memberful.com/join and submit the cancelation information. If you cancel your subscription, regardless if you are on a weekly, monthly, or annual subscription, you agree to let your account be billed up to the next billing cycle but not for more than 60 days. Upon cancelation, Futurez Day Trading will automatically close your account at the end of the last billing period. In the event you cancel your subscription, please note that we may still send you promotional communications about Futurez Day Trading products and services, unless you opt out of receiving those communications by following the unsubscribe instructions provided therein.
Price and Subscription Plan Changes: We may change the subscription plans available and / or the price of our service from time-to-time, provided that any price changes will apply to you no earlier than 30 days following notice to you. We may offer several different subscription plans, including special promotional plans and some plans may have different terms and conditions, which will be provided to you at sign-up or through other communications to you.
Arbitration
This TOU states that any disputes between you and Futurez Day Trading must be resolved in binding arbitration or small claims court and that you waive the right to participate in any class action. You may opt out of arbitration and the class action waiver by following the procedures in Section 12.G below.
In the interest of resolving disputes between you and Futurez Day Trading in the most expedient and cost-effective manner, you and Futurez Day Trading agree to resolve disputes through binding arbitration or small claims court instead of in courts of general jurisdiction (“Agreement to Arbitrate”). Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Any arbitration under this TOU will take place on an individual basis; class arbitrations and class actions are not permitted. You acknowledge and agree that the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that individual party’s claim(s). Any relief awarded cannot affect other users.
YOU UNDERSTAND THAT BY ENTERING INTO THIS AGREEMENT, YOU AND FUTUREZ DAY TRADING ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Claims To Be Resolved By Binding Arbitration
You and Futurez Day Trading agree to arbitrate all disputes and claims between us. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to: claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory; claims that arose before this or any prior TOU; claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and claims that may arise after the termination of this TOU.
Exceptions
Notwithstanding the information above, you and Futurez Day Trading agree that no statement herein shall be deemed to waive, preclude, or otherwise limit either party’s right to (i) bring an individual action in small claims court; (ii) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available; (iii) seek injunctive relief in any competent court of law; or (iv) to file suit in a court of law to address intellectual property infringement claims.
Selection of the Arbitrator
Any arbitration between you and Futurez Day Trading will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this TOU, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Futurez Day Trading.
Notice and Process
A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Futurez Day Trading should be addressed to: Futurez Day Trading, 13482 Cherry Ct, Thornton, CO 80241 (“Notice Address”). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If you and Futurez Day Trading do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Futurez Day Trading may commence an arbitration proceeding.
If your claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a non-appearance based telephonic hearing, or by an in-person hearing as established by the AAA Rules. Any in-person arbitration hearings will take place at a location to be agreed upon in Broomfield County, Colorado. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
Limitations to Arbitration
You and Futurez Day Trading both agree that if an arbitration is filed, the claim will be limited to three (3) witnesses for each party and a total of 200 pages for each party.
No Class Actions
Unless both you and Futurez Day Trading agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
YOU AND FUTUREZ DAY TRADING AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Opt-Out
If you are a new Futurez Day Trading user, you can choose to reject the arbitration agreement contained in this Section (“opt-out”) by mailing us a written opt-out notice (“Opt-Out Notice”). The Opt-Out Notice must be postmarked no later than thirty (30) days after the date you accept this TOU for the first time. You must mail the Opt-Out Notice to the Notice Address listed in this Section, above.
The Opt-Out Notice must contain your name, address (including street address, city, state and zip code), and the username(s) and email address(es) associated with the Futurez Day Trading account(s) to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the Agreement to Arbitrate. If you opt out of the Agreement to Arbitrate, all other parts of this TOU will continue to apply to you. Opting out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with Futurez Day Trading.
Modifications
If Futurez Day Trading makes any future change to this Agreement to Arbitrate (other than a change to the Notice Address), you may reject any such change by sending us written notice within 30 days of the change to the Notice Address provided above. You acknowledge and agree that, in the event you reject any future change, your account with Futurez Day Trading shall be immediately terminated and you will arbitrate any dispute between us in accordance with the language of this provision.
Severability and Enforceability
In the event that any part of this TOU is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect.
Entire Agreement
This TOU constitutes the entire and exclusive understanding and agreement between you and Futurez Day Trading regarding your use of and access to the Associated Services, and except as expressly permitted above may only be amended by a written agreement signed by authorized representatives of the parties.
No Waiver
The failure to require performance of any provision shall not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of this TOU constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
Paragraph Headers
Use of paragraph headers in this TOU is for convenience only and shall not have any impact on the interpretation of particular provisions.
Partner Terms
In some instances, Futurez Day Trading’s third-party partners require that Futurez Day Trading users agree to be bound by some additional terms of use that are specific to particular products or services (“Partner Terms”). In the event of any conflict between the Partner Terms and Futurez Day Trading’s Terms of Use, Futurez Day Trading’s Terms of Use govern and control.
Notice to California Residents
Under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the service.
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The futures market and futures trading is highly speculative in nature and as such, asset prices may become extremely volatile. You may sustain a total loss of your funds. Futures trading carries a high level of risk and may not be suitable for all investors. Always consult a financial professional before making any investment decisions. It is possible you will sustain a loss of some or all of your initial investment. No representation is being made that any account will or is likely to achieve profits or losses. Past performance is not indicative of future results. Individual results vary and no representation is made that you will or are likely to achieve profits or incur losses comparable to those that may be shown. You acknowledge and agree that no promise or guarantee of success or profitability has been made between you, and Futurez LLC and/or Zachary Lynskey. For further information, please review our Terms of Use, Privacy Policy, and Risk Disclosures. CFTC RULE 4.41- Hypothetical or simulated performance results have certain limitations. Unlike an actual performance record, simulated results do not represent actual trading. Also, since the trades have not been executed, the results may have under-or-over compensated for the impact, if any, of certain market factors, including but not limited to, 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 depicted on the www.futurezdaytrading.com website. 2024 © All rights reserved. Futurez Day Trading.