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TERMS AND CONDITIONS

Please read these Terms and Conditions (“Terms”) carefully before using this website (the "Website") operated by NinjaTrader, LLC (“NT,” "us," "we,” or "our"). Your access and use of the Website is conditioned on your acceptance of and compliance with these Terms. It is your responsibility to review and understand these terms before using the Website, as we may change or modify these terms at any time and without prior notice. By accessing the Website, you agree to comply with and be bound by the Terms in effect at the time you access the Website. If you disagree with any part of the Terms and Conditions then you may not access or use the Website. These Terms are in addition to, and do not replace, modify or amend the terms and conditions of any other agreement, and do not modify, replace or amend the End User License Agreement for NinjaTrader software, or any other agreement between you and any party.

USE OF SITE

Unless memorialized in a separate, individually-negotiated written agreement between you and NinjaTrader, the Website is intended for your personal, non-commercial use.

INFORMATIONAL USE ONLY

The Website is hosted and operated by NT, a software development company which owns and supports all proprietary technology relating to and including the NinjaTrader trading platform. NT is an affiliated company to NinjaTrader Brokerage (“NTB”), which is a NFA registered introducing broker (NFA #0339976) providing brokerage services to traders of futures and foreign exchange products. No offer or solicitation to buy or sell securities, securities derivative or futures products of any kind, or any type of trading or investment advice, recommendation or strategy, is made, given, or in any manner endorsed by any NT or its affiliates and the information made available on this Website is not an offer or solicitation of any kind. Specific questions related to a brokerage account should be sent to your broker directly. You are solely responsible for any investment or trading decisions you make, and such decisions should be based solely on your evaluation of your financial circumstances, investment or trading objectives, risk tolerance and liquidity needs.

The Website is offered solely for informational purposes and to provide access to certain products or services which may be offered by third-party vendors (“Vendors”) with whom you may directly interface. Vendors along with their websites, products and services, collectively referred to as “Vendor Content”, are independent persons or entities that are in no manner affiliated with NT or any if its affiliates. NT and its affiliates are not responsible for, do not approve, recommend or endorse any Vendor Content referenced on this Website and it’s your sole responsibility to evaluate Vendor Content. Please be aware that any performance information provided by a Vendor should be considered hypothetical and must contain the disclosures required by NFA Rule 2-29(c). If you are interested in learning more about, or investigating the quality of, any such Vendor Content you must contact the vendor, provider or seller of such Vendor Content. No person employed by, or associated with, NT or its affiliates is authorized to provide any information about any such Vendor Content. Visit the CFTC resources for education regarding the industry and signs of fraud.

THIRD PARTY CONTENT AND LINKS TO THIRD-PARTY WEBSITES

The Website contains links to Vendors and Vendor Content that are not owned or controlled by NT or its affiliates. NT makes no representations whatsoever about any other website that may be accessed through or hyperlinked to this Website. All Vendor Content is independent from NT and its affiliates and NT has no control over the content, privacy policies, privacy practices or business practices Vendors or Vendor Content. NT cannot guarantee that Vendor Content, or Vendor policies or practices will not change without NT’s knowledge. The inclusion of a Vendor or Vendor Content, including links to Vendor websites does not constitute the endorsement, approval, or recommendation by NT or its affiliates of any Vendor or Vendor Content. NT and its affiliates have no interest, involvement or control of the quality, performance, design, marketing or sale of any Vendor, or Vendor Content. Any dealings or agreements between you and any Vendors included on the Website or any other third-party, including the delivery of and payment for goods and services, delivery of information or advice, and any other terms, conditions, warranties or representations associated with such dealings are solely between you and the Vendor or other third party. Unless memorialized in a separate, individually-negotiated written agreement, NT is not a party to and is not responsible or liable for any part of any such dealings or agreements.

LIMITATIONS ON USE – VOID WHERE PROHIBITED

Although the information on the Website is accessible worldwide, not all products or services discussed in this Website, including Vendor Content are available to all persons or in all geographic locations or jurisdictions. Any offer for any product or service made in the Vendor Content is void where prohibited and/or where NT or Vendor is not licensed or admitted to do business. The Website and Vendor Content are not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to local law or regulation, and shall not be considered or interpreted as a solicitation or offer to buy, sell or provide any product or service to any person in any jurisdiction where such solicitation, offer, purchase, provision or sale would be unlawful under the laws of such jurisdiction. As a condition for your use of the Website, you agree that you will not use the Website or the Vendor Content for any purpose that is unlawful or prohibited by these Terms. It is your responsibility to determine whether any Vendor Content is legally available in your jurisdiction. You hereby acknowledge and accept all responsibility and risk that your use of this Website, and any Vendor Content may be unlawful or prohibited in your jurisdiction.

EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY

Information on this Website may contain out-of-date information, technical inaccuracies and typographical errors. NT assumes no responsibility or liability for damages incurred directly or indirectly as a result of any errors, omissions, or discrepancies. The information on this Website is limited in nature and therefore may be incomplete, and may not contain all of the applicable terms, conditions, limitations or exclusions related to Vendor Content, and it is your responsibility to determine the applicable terms, conditions, limitations or exclusions that may apply to any Vendor Content.

THE WEBSITE AND ALL INFORMATION AVAILABLE ON AND ACCESSIBLE FROM THIS WEBSITE, INCLUDING VENDOR CONTENT IS PROVIDED "AS IS" AND “AS AVAILABLE” AND NT DOES NOT WARRANT THAT IT WILL CORRECT ANY DEFICIENCIES, DEFECTS OR INACCURACIES. NT DOES NOT MAKE ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON- INFRINGEMENT.

IN NO EVENT WILL NT OR ITS AFFILIATES BE RESPONSIBLE OR LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS WEBSITE, OR ON ANY OTHER HYPERLINKED WEBSITE, INCLUDING WITHOUT LIMITATION, VENDOR CONTENT INCLUDING, BUT NOT LIMITED TO, ANY LOST PROFITS, BUSINESS INTERRUPTION, TRADING LOSSES, DAMAGES, LOSS OF DATA OR OTHERWISE, EVEN IF NT IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

EXCEPT AS OTHERWISE REQUIRED BY LAW, NT WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS RESULTING FROM A CAUSE OVER WHICH SUCH NT DOES NOT HAVE DIRECT CONTROL (“FORCE MAJEURE”), INCLUDING WITHOUT LIMITATION AN ACT OF GOD (SUCH AS, BUT NOT LIMITED TO FIRES, EXPLOSIONS, AND WEATHER EVENTS), FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATIONS LINES, LOSS OF INTERNET SERVICE OR CONNECTIVITIY, UNAUTHORIZED ACCESS, VIRUSES OR MALWARE, THEFT, OPERATOR ERRORS, WAR, INSURRECTION, TERRORIST ACT, RIOT, LABOR DISPUTE, ACCIDENT, EMERGENCY OR ACTION OF GOVERNMENT.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, AND/OR THE LIMITATION OR EXCLUSION OF LIABILTY OR INCIDENTIAL OR CONSEQUENTIAL DAMAGES, SO SOME OR ALL OF THE ABOVE LISTED EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

INDEMNIFICATION

You agree to indemnify and hold harmless NT and its parents, affiliates, subsidiaries, directors, officers and employees, from any claim, demand, or damage, including reasonable attorneys’ fees, asserted by any third party or arising out of your use of, or conduct on, the Website or your use of any Vendor Content.

INTELLECTUAL PROPERTY

The Website and its content are protected by intellectual property laws, including copyright law, trademark law and international treaty provisions and may not be retransmitted, used, copied or imitated in whole or in part without the express written consent of NT. NinjaTrader® and all associated logos, images, trademarks, service marks and registered trademarks are either owned by NT or used by NT under licenses with their owners, or are the property of third-parties and may not be used, copied or transmitted without the express written permission of NT or the applicable third-parties.

TERMINATION OF USE AND ALTERATION OF WEBSITE

NT reserves the right to terminate your usage of the Website; to alter, delete, or change the content of the Website; and to terminate or cease operation of the Website at any time for any reason, or no reason, with or without cause and without prior notice.

DISPUTE RESOLUTION AND GOVERNING LAW

The validity, construction, and interpretation of these Terms, use of the Website, and all rights and duties of NT and you shall be governed by the substantive laws of the State of Colorado, U.S.A., without regard to conflict of laws rules. You the exclusive venue and jurisdiction for any dispute arising out of or related to these Terms or use of the Website, shall be the District Court, In and For the City and County of Denver, Colorado, U.S.A., and voluntarily agree to waive all objections to personal jurisdiction or venue for such action.

MISCELLANEOUS

NT’s failure to enforce any right or provision of these Terms shall not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between the parties regarding the use of the Website Service, and supersede and replace any prior agreements, including oral representations or agreement, regarding the Website or its use.