The indemnification clause
The Professional Traders, its officers,
directors, employees, agents, and third parties agree to be indemnified, defended, and held
harmless for any losses, costs, liabilities, and expenses (including reasonable attorney's
fees) associated with or arising from your use of or inability to use the Site or services,
or any user postings by you. Any violation of these Terms, any violation of any rights of a
third party, or any violation of applicable laws, regulations, or requirements. Traders
reserve the right to assume the defense and control of any matter that would otherwise be
your responsibility, in which case you agree to fully cooperate with Traders in asserting
any available defenses..
The arbitral process
There will be no claim against the parties for
any damages or other relief, legal or equitable, arising out of or related to these Terms or
any provisions hereof, unless the parties are able to resolve any disagreement, whether in
contract, tort, equity, law, or otherwise. An arbitration agreement under the Federal
Arbitration Act is required for the resolution of such disputes, which should be conducted
by a neutral arbitrator and administered by the American Arbitration Association, or by
another arbitrator selected by the parties, at a location mutually agreed upon by both
parties.
It is the arbitrator's award that is final and
may be enforced in any court of competent jurisdiction. Any legal or equitable action,
proceeding, or arbitration arising out of these Terms will entitle the prevailing party to
recover its reasonable attorney's fees and costs.
This Agreement will be arbitrated over any
claims and disputes arising out of these Terms, whether directly or indirectly, including
tort claims arising out of these Terms. Interpretation and enforcement of this provision
will be governed by the Federal Arbitration Act. Arbitrators will determine the scope and
enforceability of this arbitration provision as well as the validity of the arbitration
agreement. Termination of these Terms will not affect this arbitration provision.
Waiver of class action suits
The arbitration will take place
on an individual basis in accordance with these Terms and Conditions. The use of class
arbitrations and representative/collective actions is prohibited. PERSONS USING OR ACCESSING
THIS SITE CONDITIONALLY AGREE THAT THEY MAY LOOK FOR RECORDS AGAINST THE FUNDED TRADER ONLY
IN THEIR INDIVIDUAL CAPACITY AND NOT AS PUTATIVE CLASSES OR COLLECTIVES OR REPRESENTATIVE
PROCEEDINGS, INCLUDING BUT NOT LIMITED TO PRIVATE ATTORNEY GENERAL ACTIONS. If no agreement
is reached between you and Professional Traders, the arbitrator may not consolidate more
than one person's claims or preside over a representative or class proceeding.
Disclaimer of Liability
CHANGES ARE MADE PERIODICALLY
TO THE INFORMATION, SOFTWARE, PRODUCTS, OR SERVICES IN OR AVAILABLE THROUGH THIS SITE.
PROFESSIONAL TRADERS LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THIS
SITE AT ANY TIME WITHOUT PRIOR NOTICE.
PROFESSIONAL TRADERS LLC AND/OR ITS SUPPLIERS DO NOT WARRANT THAT THE INFORMATION, SOFTWARE,
PRODUCTS, SERVICES, AND RELATED GRAPHICS INCLUDED ON THE SITE ARE SUITABLE, RELIABLE,
AVAILABLE, TIMELINESS, AND ACCURATE FOR ANY PURPOSE. EACH OF THE INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS IS PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF
ANY KIND. A PROFESSIONAL TRADER LLC OR ITS SUPPLIERS DISCLAIMS ALL WARRANTIES AND CONDITIONS
REGARDING THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, OR RELATED GRAPHICS, INCLUDING ALL
IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS TO A PARTICULAR PURPOSE, TITLE,
OR NON-INFRINGEMENT
Termination/restrictions on access
The Professional Traders
reserve the right, at its sole discretion, to terminate your access to this Site and related
services or any portion thereof at any time, without notice. Any jurisdiction that does not
incorporate all provisions of these Terms, including but not limited to this section, is not
permitted to use the Site.
As a result of these Terms or
your use of the Site, you agree that there is no joint venture, partnership, employment, or
agency relationship between you and Professional Traders. A violation of these Terms
constitutes a violation of applicable laws, regulations, and requirements. Nothing in these
Terms diminishes Professional Traders' right to comply with government, judicial, and law
enforcement requirements regarding you or your use of the Site or with the information
provided to or gathered by Professional Traders about you.
These Terms will remain in
effect if any part of them is found to be invalid or unenforceable based on applicable law.
The invalid or unenforceable provision will be replaced with a valid, enforceable statement
or provision that most closely resembles the original provision, and the remainder of these
Terms will remain unchanged.
The printed version of these
Terms and any notices given in electronic form will be admissible in judicial or
administrative proceedings relating to them in the same manner and under the same conditions
as other business documents and records that were originally printed.
Terms and Conditions Changes
The Terms under which this Site
is offered may be changed at any time at Professional Traders' sole discretion. All previous
versions of the terms are superseded by the most current version. You should periodically
review the terms to make sure you are informed of any updates.