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Terms & Conditions

E8 Funding LLC. This General Terms and Conditions together with the documents referred to in it (the “Terms”) govern your rights and obligations in connection with the use of services provided by E8 Funding LLC (the “Services”), offered mainly through our website www.e8funding.com (the “Website”) whether as a guest or a registered user. Please read these Terms carefully before using the Website. Please note that use of our Website includes accessing, browsing, or registering to use our Website.
You are under no obligation to use the Services if you do not agree or understand any portion of these Terms, nor should you use the Services unless you understand and agree to these Terms. By using our site, you confirm that you accept these terms of use and that you agree to comply with them. For the avoidance of any doubt, if you do not agree to these terms of use, you must not use our Website. We recommend that you print a copy of this for future reference.

Introductory Provisions

These Terms govern your (“you”, “your”, or the “Customer”) rights and obligations in connection with the use of the Services provided by E8 Funding LLC. doing business as E8 Funding, a corporation formed in the state of Texas with offices at 4053 Lively Ln. Dallas, TX. 75220 (“E8 Funding”, “we”, “our”, or the “Provider”).

By registering on the Website or, where registration is not required, not later than by your first use of the Services, you are entering into a contract with the Provider, the subject of which is the provision of the Services of your choice. The Terms form an integral part of such a contract and, by executing the contract with the Provider, you express your agreement to these Terms.

The Services are only intended for persons over the age of 18 residing in the country for which the Services are available. By registering on the Website, you confirm that you are over 18 years of age. If you are under 18 years of age, you may not use the Services. You undertake to access the Services solely from one of the countries for which the Services are available. You acknowledge that your access to and use of the Services may be restricted or prohibited by law in some countries, and you undertake to only access and use the Services in accordance with applicable laws.

The Services consist of the provision of tools for simulated foreign exchange trading on the FOREX market or trading with other instruments on other financial markets, provision of analytical tools, training and educational materials, and other ancillary services, in particular through the E8X Dashboard or by the provision of access to applications provided by the Provider or third parties. Financial market information is used in the simulated trading; however, you acknowledge that any trading that you perform through the Services is not real. You also acknowledge that the funds provided to you for demo trading are fictitious and that you have no right to possess those fictitious funds beyond the scope of their use within the Services, and in particular that they may not be used for any actual trading and that you are not entitled to the payment of those funds. Unless expressly agreed otherwise, you will not be paid any remuneration or profits based on the results of your simulated trading, nor will you be required to pay any losses.

NONE OF THE SERVICES PROVIDED TO YOU BY THE PROVIDER CAN BE CONSIDERED INVESTMENT SERVICES IN ACCORDANCE WITH APPLICABLE LAWS. THE PROVIDER DOES NOT GIVE OR PROVIDE TO YOU ANY GUIDANCE, INSTRUCTIONS, OR INFORMATION ABOUT HOW OR IN WHICH MANNER YOU SHOULD PERFORM TRANSACTIONS WHEN USING THE SERVICES OR OTHERWISE, OR ANY OTHER SIMILAR INFORMATION ABOUT THE INVESTMENT TOOLS TRADED, NOR DOES THE PROVIDER ACCEPT ANY SUCH GUIDANCE, INSTRUCTIONS, OR INFORMATION FROM YOU. NONE OF THE SERVICES CONSTITUTE INVESTMENT ADVICE OR RECOMMENDATIONS. NO EMPLOYEES, STAFF, OR REPRESENTATIVES OF THE PROVIDER ARE AUTHORIZED TO PROVIDE INVESTMENT ADVICE OR RECOMMENDATIONS. SHOULD ANY INFORMATION OR STATEMENT OF ANY EMPLOYEE, STAFF, OR REPRESENTATIVES OF THE PROVIDER BE INTERPRETED AS INVESTMENT ADVICE OR RECOMMENDATIONS, THE PROVIDER EXPLICITLY DISCLAIMS THAT THE SAME IS INVESTMENT ADVICE OR RECOMMENDATIONS AND SHALL NOT BE RESPONSIBLE FOR THEM.

Your personal data is processed in accordance with the Privacy Policy 

Definitions, Expressions, and Abbreviations used

For the purposes of the Terms, the following definitions shall have the following meanings:

“E8X Dashboard” means the user interface located on the Website;

“Content” means the Website and all Services, including without any limitation the E8X Dashboard, their appearance and all applications, data, information, multimedia elements such as texts, drawings, graphics, design, icons, images, audio and video samples and other content that may form the Website and the Services;

“Customer” means the user of the Services (as set out in Section 1).

“E8 Funding Trader Agreement” means an agreement executed between the Customer and a third party, the subject of which is the management and maintenance of the E8 funding Trader (as set out in Section 1); 

“Provider” means the provider of certain Services (as set out in Section 1);

“Schedules” means Schedules 1 and 2, which are part of these Terms;

“Services” means the Provider’s services as set out in Section 1;

“Terms” means these General Terms and Conditions of E8 funding;

“Trading Platform” means an electronic interface provided by Metaquotes Metatrader 4, a third party software in which the Customer performs the demo trading;

“Website” means the website www.e8funding.com; and

For the purposes of the Terms and their schedules, the following expressions and abbreviations shall have the following meanings:

“calendar day” means the period from midnight to midnight of the time currently valid in New York, New York, USA (Eastern Standard Time – EST);

“initial capital” means a virtual amount that the Customer has chosen when selecting the option of the E8 Funding 2-Phase Evaluation and/or one of our E8 funding Elev8 models or E8 Tournament and which the Customer will use to perform demo trading;

“EUR” means the euro;

“USD” means the United States dollar;

“GBP” means the British pound;

Services and their order

You can order the Services through the Website by completing the appropriate registration or order form. After registration, we will e-mail you the login details for the E8X Dashboard and/or Trading Platform and allow you to access them.

The Services include, among other things, the E8 Funding 2-Phase Evaluation and/or E8 Funding Tournament Model(s) and/or ELEV8 tournament and/or Final Evaluation products; these products may differ in the scope of the Services provided (e.g., by analytical tools available to the Customer)

All data that you provide to us through the registration or order form, the E8X Dashboard, or otherwise must be complete, true, and up-to-date. You must immediately notify us of any change in your data or update the data in your E8X Dashboard. The Customer is responsible for all the provided data being accurate and up-to-date; the Provider is not obligated to verify the data.

You acknowledge that if you provide an identification number, tax registration number or other similar information in the registration or order form or in the E8X Dashboard, or if you state that you are a legal entity, you will be considered as an independent contractor for the purposes of these Terms and when using the Services, and the provisions of these Terms or the applicable law that grant rights to consumers will not apply to you.

The fee for the E8 Funding 2-Phase Evaluation and/or ELEV8 and/or Tournament Model(s) varies according to the option selected and depends on the amount of the initial practice capital, the degree of the acceptable risk, the parameters that must be fulfilled so that the conditions of the E8 Funding 2-Phase Evaluation and/or E8 Tournament and/or ELEV8 account Model(s) and the subsequent Final Evaluation are met, and possibly other configurations. More detailed information on individual options and fees for those options are provided in the schedules to these Terms. The fee will be determined based on the option you select when completing the form for ordering the E8 Funding 2-Phase Evaluation and/or E8 Tournament and/or ELEV8 account Model(s). The Provider reserves the right to also provide the Services under individually agreed conditions. All individually agreed conditions shall be determined by the Provider at its own discretion. Individual discounts and other benefits may not be combined, unless expressly stipulated otherwise by the Provider.

The fee is paid for allowing you to access the E8 Funding 2-Phase Evaluation and/or E8 Tournament and/or ELEV8 account Model(s), or the Services provided under the E8 Funding 2-Phase Evaluation and/or E8 Tournament and/or ELEV8 account Model(s). The Customer is not entitled to a refund of the fee, for example, if the Customer cancels the E8X Dashboard or requests the cancellation by e-mail, if the Customer terminates the use of the Services prematurely (for example, fails to complete the E8 Funding 2-Phase Evaluation and/or E8 funding E8 Tournament and/or ELEV8 account Model(s) or the Final Evaluation), fails to meet the conditions of the E8 Funding 2-Phase Evaluation and/or E8 funding E8 Tournament and/or ELEV8 account Model(s) or the Final Evaluation, or violates these Terms.

If the Customer lodges an unjustifiable complaint regarding the paid fee or disputes the paid fee with the Customer’s bank or payment service provider (e.g. through chargeback services, dispute services, or other similar services), on the basis of which an annulment, cancellation or refund of the fee or any part thereof is requested, the Provider is entitled, at its own discretion, to stop providing to the Customer any services and refuse any future provision of any services.

Your choice of the option of the E8 Funding 2-Phase Evaluation and/or E8 Tournament and/or ELEV8 account Model(s) that you select when making an order shall also apply to the subsequent Final Evaluation. You will start the subsequent Final Evaluation and, possibly, other products related thereto, with the parameters and the same currency that correspond to the option of the E8 Funding 2-Phase Evaluation and/or E8 Tournament and/or ELEV8 account Model(s)  selected by you. Once you make a selection, it is not possible to change it.

The Provider reserves the right to unilaterally change the fees and parameters of the Services at any time, including the parameters for their successful completion. The change does not affect the Services purchased before the change is notified.

Any data entered in the order form can be checked, corrected, and amended until the binding order of the Services. The order of the Services of your choice is made by submitting the order form. The Provider will immediately confirm the receipt of your order to your e-mail address. The order is completed upon the delivery of the confirmation to your e-mail address, whereby the contract is executed. In the case of the E8 Funding 2-Phase Evaluation and/or E8 Tournament and/or ELEV8 account Model(s), the order is completed upon the payment of the fee for the selected option, whereby the contract between you and the Provider is executed, the subject of which is the provision of the E8 Funding 2-Phase Evaluation and/or E8 Tournament and/or ELEV8 account models, if the conditions of the E8 Funding 2-Phase Evaluation are met and/or E8 Tournament and/or ELEV8 account Model(s), the Final Evaluation. The contract is concluded in English. We archive the contract in electronic form and do not allow access to it.

You acknowledge that in order to use our Services, you must obtain the appropriate technical equipment and software, including third-party software (e.g. software for the use of the Trading Platform), at your own risk and expense. The Website is accessible from most commonly used web browsers. The internet access, purchase of the equipment, and purchase of the web browser and its updates are at your own risk and expense. The Provider does not warrant or guarantee that the Services will be compatible with any specific equipment or software. The Provider does not charge any additional fees for the internet connection.

You acknowledge that E8 Funding LLC is not a broker and does not accept deposits. The offered technical solution for the E8 Funding platforms and data feed is powered by the institutional liquidity providers and is subject to change at any time at the Providers discretion without any notice to the client.

Payment Terms

The amounts of fees for the E8 Funding 2-Phase Evaluation and/or E8 Tournament and/or ELEV8 account Model(s) options are in United States Dollars. The fee can also be paid in other currencies that are listed on the Website. In the event of payment of the fee in any other currency than United States Dollars, the amount of the fee for the selected option of the E8 Funding 2-Phase Evaluation and/or E8 Tournament and/or ELEV8 account Model(s) shall be converted using the exchange rate listed on https://exchangeratesapi.io/. The Customer acknowledges that if the payment is made in a currency other than the one the Customer has chosen on the Website, the amount will be converted according to the current exchange rates valid at the time of payment.

Service charges are inclusive of all taxes. If the Customer is a member he or she is obliged to fulfill all his tax obligations in connection with the use of our Services in accordance with applicable law, and in the event of an obligation, he or she is obliged to pay tax or other fees properly. 

You can pay the fee for the selected option of the E8 Funding 2-Phase Evaluation and/or E8 Tournament and/or ELEV8 account Model(s) by a payment card, PayPal, or using other means of payment that the Provider currently offers on the Website.

In the event of payment by a payment card or via any other express payment method, the payment shall be made immediately. You undertake to pay the amount within the period specified in the Pro-forma invoice. The fee is considered paid when its full amount is credited to the Provider’s account. If you do not pay the amount on time, the Provider is entitled to cancel your order. Customer bears all fees charged to Customer by the selected payment service provider (according to the valid pricelist of the payment services provider) in connection with the transaction and the Customer is obliged to ensure that the respective fee for the selected E8 Funding 2-Phase Evaluation and/or E8 funding E8 Tournament and/or ELEV8 account Model(s)  is paid in full.

E8X Dashboard

Only one E8X Dashboard is permitted per Customer and all of the Customer’s Services must be maintained in the E8X Dashboard. 

The total number of E8 Funding 2-Phase Evaluation and/or E8 Tournament and/or ELEV8 account Model(s) and Final Evaluations per one E8X Dashboard may be limited depending on the total sum of the initial capital amounts of the products ordered by the Customer or on the basis of other parameters. Unless the Provider grants an exception to the Customer, the initial capital amounts may not be transferred between the individual products or mutually combined. You may also not transfer or combine your performance, Service parameters, data or any other information between the products.

Access to the E8X Dashboard and Trading Platform is protected by login data, which the Customer may not make available or share with any third party. If the Customer has registered as a legal entity, the Customer may allow the use of the Services through the E8X Dashboard to the Customer’s employees or other authorized employees and representatives. The Customer is responsible for all activities that are performed through the Customer’s E8X Dashboard or Trading Platform. The Provider bears no responsibility, and the Customer is not entitled to any compensation, for any misuse of the E8X Dashboard Trading Platform, or any part of the Services, nor is the Provider responsible for any negative consequences thereof for the Customer, if such misuse occurs for any reasons on the part of the Customer.

The Customer acknowledges that the Services may not be available around the clock, particularly with respect to maintenance, upgrades, or any other reasons. In particular, the Provider bears no responsibility, and the Customer is not entitled to any compensation, for the unavailability of the E8X Dashboard or Trading Platform and for damage or loss of any data or other content that you upload, transfer or save through the E8X Dashboard or Trading Platform.

The Customer may at any time request the cancellation of the E8X Dashboard by sending an e-mail to [email protected] Sending a request for the cancellation of the E8X Dashboard is considered as a request for termination of the contract by the Customer, with the Customer being no longer entitled to use the Services, including the E8X Dashboard and Trading Platform. The Provider will immediately confirm the receipt of the request to the Customer by e-mail, whereby the contractual relationship between the Customer and the Provider will be terminated. In such a case, the Customer is not entitled to any refund of the fees already paid or costs otherwise incurred.

Rules of Demo Trading

During the demo trading on the Trading Platform, you may perform any transactions, unless these constitute prohibited trading strategies or transactions within the meaning of Section 6.4. Restrictions may also be imposed by the trading conditions of the Trading Platform that you have selected for trading.

You acknowledge that the Provider has access to information about the demo trades that you perform on the Trading Platform. You grant the Provider your consent to share this information with persons/entities who are in a group with the Provider or who are otherwise affiliated with the Provider, and you grant the Provider and these persons/entities your consent and authorization to handle this information at their own will. You agree that these activities may be performed automatically without any further consent, consultation, or approval on your part is necessary and that you are not entitled to any remuneration or revenue associated with the use of the data by the Provider. The Provider is aware that you do not provide the Provider with any investment advice or recommendations through your demo trading. You acknowledge that you may suspend your demo trading on the Trading Platform at any time.

The Provider bears no responsibility for the information displayed on the Trading Platform, nor for any interruption of, or delay or inaccuracy in the market information displayed through your E8X Dashboard. 

During the demo trading, it is prohibited to:

During the demo trading, it is prohibited to:

USE BUSINESS STRATEGIES THAT TAKE ADVANTAGE OF ERRORS IN DISPLAY OF PRICES OR DELAY IN THEIR UPDATE;

PERFORM TRANSACTIONS USING STRADDLING;

PERFORM TRANSACTIONS USING EXTERNAL DATA FEED;

PERFORM TRANSACTIONS OR COMBINATIONS OF TRANSACTIONS WHOSE PURPOSE IS TAMPERING WITH TRADING; PERFORM,  ALONE  OR  IN  CONCERT  WITH  ANY  OTHER  PERSONS, INCLUDING  BETWEEN  CONNECTED  ACCOUNTS,  OR  ACCOUNTS  HELD WITH  DIFFERENT E8 ACCOUNTS, TRADES OR  COMBINATIONS  OF TRADES  THE PURPOSE OF  WHICH IS TO  MANIPULATE TRADING,  FOR EXAMPLE BY. SIMULTANEOUSLY ENTERING INTO OPPOSITE POSITIONS;

PERFORM TRANSACTIONS IN CONTRADICTION WITH THE TERMS AND CONDITIONS OF THE PROVIDER AND THE TRADING PLATFORM; OR

OTHERWISE PERFORM TRANSACTIONS IN CONTRADICTION WITH HOW TRADING IS ACTUALLY PERFORMED ON THE FOREX MARKET OR ON ANY OTHER FINANCIAL MARKET, OR IN A WAY THAT ESTABLISHES JUSTIFIED CONCERNS THAT THE PROVIDER MIGHT SUFFER FINANCIALLY OR ANY OTHER DAMAGE AS A RESULT OF THE CUSTOMER’S ACTIVITIES.

USE OF EXPERT ADVISORS OR TRADE COPY SERVICE:

You can use EAs as long as they are not used in the following ways: copy trading of other persons signals – tick scalping – latency arbitrage trading – reverse arbitrage trading – hedge arbitrage trading – or any use of emulators It is a violation if this rule is broken. Any accounts using these types of EAs will be cancelled, banned and not refunded. You must send your EA to [email protected] to have your EA approved and so we have on record that you are permitted to use your EA on your account.

E8 Funding reserves the right to substantially de-risk your trading strategy, which may include lowering your leverage or profit split. We will only do this if our team of risk managers deems your style to fall into one of the categories. Below is a list of restricted practices. 

Over Leveraging

Over Exposure

Account Rolling

Gambling

One Sided Bets

A detailed explanation of the prohibited trading practices can be found help.e8funding.com

If the Customer engages in any of the practices described in Section 6.4, (i) the Provider may consider it as a failure to meet the conditions of the particular E8 Funding 2-Phase Evaluation and/or E8 Tournament and/or ELEV8 account Model(s)  or Final Evaluation, or (ii) the Provider may remove the transactions that violate the prohibition from the Customer’s trading history and/or not count their results in the profits and/or losses achieved by the demo trading.

If the Customer engages in any of the practices described in Section 6.4 repeatedly, and the Provider has previously notified the Customer thereof, the Provider may prevent the Customer from accessing all Services or their parts, including access to the E8X Dashboard and Trading Platform, without any compensation. In such a case, the Customer is not entitled to a refund of the fees paid.

The Provider does not bear any responsibility for trading or other investment activities performed by the Customer outside the relationship with the Provider, for example by using data or other information from the E8X Dashboard, Trading Platform, or otherwise related to the Services in real trading on financial markets, not even if the Customer uses for such trading the same Trading Platform that the Customer uses for demo trading.

DEVELOPMENTS IN FINANCIAL MARKETS ARE SUBJECT TO FREQUENT AND ABRUPT CHANGES. TRADING ON FINANCIAL MARKETS MAY NOT BE PROFITABLE AND CAN LEAD TO SIGNIFICANT FINANCIAL LOSSES. ANY PREVIOUS PERFORMANCES AND PROFITS OF THE CUSTOMER’S DEMO TRADING ARE NOT A GUARANTEE OR INDICATION OF ANY FURTHER PERFORMANCE.

E8 Funding 2-Phase Evaluation, E8 Tournament and/or ELEV8 account Model(s) AND Final Evaluation

After paying the fee for the selected option of the E8 Funding 2-Phase Evaluation, and/orE8 Tournament and/or ELEV8 account Model(s) the Customer will receive the relevant login data for the Trading Platform at the e-mail address provided by the Customer or in the E8X Dashboard. The Customer activates the E8 Funding 2-Phase Evaluation and/or E8 Tournament and/or ELEV8 account Model(s) by making their purchase and receiving account details. The date of which in the Trading Platform. IF YOU ARE A CONSUMER, YOU ACKNOWLEDGE THAT, BY OPENING THE FIRST DEMO TRADE, YOU EXPRESSLY DEMAND THE PROVIDER TO COMPLETE THE SERVICES BEFORE THE EXPIRY OF THE PERIOD FOR WITHDRAWAL FROM THE CONTRACT, WHICH AFFECTS YOUR RIGHT TO WITHDRAW FROM THE CONTRACT, AS SPECIFIED IN MORE DETAIL IN SECTION 13. If you do not activate the E8 Funding 2-Phase Evaluation and/or E8 Tournament and/or ELEV8 account Model(s) within 30 calendar days of the date on which it was made available to you, your access to it will be suspended. You can request the renewal of access via the E8X Dashboard or by sending an e-mail to [email protected] within 6 months of the suspension, otherwise, we will terminate the provision of the Services without any right to a refund of the fee. The E8 Funding 2-Phase Evaluation lasts for 30 calendar days from the date of its activation.

In order for the Customer to meet the conditions of the E8 Funding 2-Phase Evaluation, and/or E8 Tournament and/or ELEV8 account Model(s) the Customer must fulfill all of the following parameters at the same time by the end of the E8 Funding 2-Phase Evaluation and/or E8 Tournament and/or ELEV8 account Model(s):

during the E8 Funding 2-Phase Evaluation and/or E8 Tournament and/or ELEV8 account Model(s), the Customer has opened at least one demo trade on at least ten-twelve different calendar days;

in the course of none of the calendar days during the E8 Funding 2-Phase Evaluation and/or E8 Tournament and/or ELEV8 account Model(s) did the Customer report a loss on any demo trades opened and closed on that day, which would exceed in total 5%-8% daily of the initial demo capital, or 8% overall

The above parameters are explained in more detail here help.e8funding.com on the Website.

If the Customer has met the conditions of the E8 Funding 2-Phase Evaluation specified and/or E8 funding E8 Tournament and/or ELEV8 account Model(s) in Section 7.2, and at the same time has not violated these Terms, in particular the rules of demo trading under Section 6.4, the Provider will evaluate the E8 Funding 2-Phase Evaluation and/or E8 funding E8 Tournament and/or ELEV8 account Model(s) as successful and will make the Final Evaluation available to the Customer free of charge by sending login details to the Customer’s e-mail address or E8X Dashboard. The Customer may request the evaluation of the E8 Funding 2-Phase Evaluation and/or E8 Tournament and/or ELEV8 account Model(s)  at any time by sending a request to [email protected] or via the E8X Dashboard. The Provider does not have to evaluate the E8 Funding 2-Phase Evaluation and/or E8 Tournament and/or ELEV8 account Model(s) if the Customer has not closed all trades.

The Customer activates the Final Evaluation and/or the simulated account when they receive the login details for the Trading Platform. If the Customer does not activate the Final Evaluation within 30 calendar days from the day on which the Customer received the new login data, the Customer’s access to the Final Evaluation will be suspended. The Customer may request the renewal of access via the E8X Dashboard or by sending an e-mail to [email protected] within 6 months of the suspension, otherwise we will terminate the provision of the Services without any right to a refund. 

In order for the Customer to meet the conditions of the Final Evaluation, the Customer must fulfil all of the following parameters at the same time by the end of the Final Evaluation:

during the Final Evaluation, the Customer has opened at least one demo trade on at least eight different calendar days;

in the course of none of the calendar days during the Final Evaluation did the Customer report a loss on any demo trades opened and closed on that day, which would exceed in total 5% of the initial capital daily or in one calendar day 

at no time during the Final Evaluation did the Customer report a loss on the sum of the opened and closed demo trades, which would exceed in total 8% of the initial capital;

at the end of the Final Evaluation, the Customer reported a closed profit from all performed demo trades amounting to at least 8% of the initial capital, or 8% of the simulated capital.

The above parameters are explained in more detail here help.e8funding.com on the Website.

If the Customer has met the conditions of the Final Evaluation specified in Section 6 and at the same time has not violated these Terms, in particular the rules of demo trading under Section 6.4, the Provider will evaluate the Final Evaluation as successful and will recommend the Customer as a candidate for E8 funding program. The Customer may request the evaluation of the Final Evaluation at any time by sending a request to [email protected] or via the E8X Dashboard. The Provider does not have to evaluate the Final Evaluation if the Customer has not closed all transactions.

If during the E8 Funding 2-Phase Evaluation and/or the E8 Tournament and/or ELEV8 account Model(s) the Customer does not comply with some of the conditions specified in Section 7.2, the E8 Funding 2-Phase Evaluation will be evaluated as unsuccessful and the Customer will not be allowed access to the subsequent Final Evaluation. If during the Final Evaluation the Customer does not comply with any of the conditions specified in Section 7.2, the Final Evaluation will be evaluated as unsuccessful and the Customer will not be recommended as a candidate for the E8 funding program.

E8 Funding Trader

The Services of the E8 Funding Trader are provided to the Customer on the basis of an individual agreement executed between the Customer and a third party (“E8 funding Trader Agreement”). Provider recommending Customer as a candidate for the E8 funding Trader Program in no way guarantees Customer’s acceptance into the E8 funding Trader Program, i.e. that the third party would enter into the E8 funding Trader Agreement with the Customer. The provider is not responsible for the Customer being rejected by the E8 funding Trader Program for any or no reason.

THE CUSTOMER ACKNOWLEDGES THAT THE THIRD PARTY WITH WHOM THE CUSTOMER EXECUTES THE E8 FUNDING TRADER AGREEMENT MAY REQUIRE THAT THE CUSTOMER MEETS ANY ADDITIONAL CONDITIONS THAT MAY BE JUSTIFIABLY REQUIRED FROM THE CUSTOMER IN CONNECTION WITH THE EXECUTION OF THE E8 FUNDING AGREEMENT.

The Customer further acknowledges that the person/entity with whom the Customer is to execute the E8 Funding Trader Agreement may refuse to execute the agreement if the Customer does not meet the conditions under Section 7, or if it turns out that the Customer has violated the provisions of these Terms in a manner specified in Section 11.1. In such a case, the Customer is not entitled to a refund of the fees for the relevant E8 Funding 2-Phase Evaluation and/or E8 Tournament and/or ELEV8 account Model(s). 

Use of the website, services and other content

The Website and all Services, including the E8X Dashboard, their appearance and all applications, data, information, multimedia elements such as texts, drawings, graphics, design, icons, images, audio and video samples, and any other content that may form the Website and the Services (collectively as the “Content”), are subject to legal protection pursuant to copyright laws and other legal regulations and are the property of the Provider or the Provider’s licensors. The Provider grants you a limited, non-exclusive, non-transferable, non-assignable, non-passable, and revocable permission to use the Content for the purpose of using the Services for your personal use and in accordance with the purpose for which the Services are provided. The Content is not sold or otherwise transferred to you and remains the property of the Provider or the Provider’s licensors.

All trademarks, logos, trade names, and other designations are the property of the Provider or Provider’s licensors and the Provider does not grant you any authorization to use them.

Both the Customer and the Provider undertake to act in accordance with the principles of fair dealing in the performance of the contract and in mutual negotiations and, in particular, not to damage the good reputation and legitimate interests of the other party. The Customer and the Provider will resolve any possible disagreements or disputes between them in accordance with these Terms and the applicable law.

Except for the rights expressly set out in these Terms, the Provider does not grant you any other rights relating to the Services and other Content. You may only use the Services and other Content as set out in these Terms.

When accessing the Services and other Content, the following is prohibited:

to use any tools that may adversely affect the operation of the Website and Services or that would be intended to take advantage of errors, bugs or other deficiencies of the Website and Services;

to circumvent geographical restrictions of availability or any other technical restrictions;

to make copies or back-ups of the Website and other Content;

to reverse-engineer, decompile, disassemble or otherwise modify the Website and other Content;

to sell, rent, lend, license, distribute, reproduce, spread, stream, broadcast or use the Services or other Content otherwise than as permitted;

to use automated means to view, display or collect information available through the Website or Services; and

to use any other tools or means the use of which could cause any damage to the Provider.

The provisions of this Section 9 are not intended to deprive the Customer of the Customer’s consumer rights which cannot be excluded by law.

Disclaimer

YOU ACKNOWLEDGE THAT THE 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. TO THE MAXIMUM EXTENT PERMITTED BY THE MANDATORY LAWS, THE PROVIDER DISCLAIMS ANY STATUTORY, CONTRACTUAL, EXPRESS AND IMPLIED WARRANTIES OF ANY KIND, INCLUDING ANY WARRANTY OF QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF ANY RIGHTS.

TO THE EXTENT PERMITTED BY THE MANDATORY PROVISIONS OF THE APPLICABLE LAWS, THE PROVIDER IS NOT RESPONSIBLE FOR ANY HARM, INCLUDING ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFIT, LOSS OF DATA, PERSONAL OR OTHER NON-MONETARY HARM OR PROPERTY DAMAGE CAUSED AS A RESULT OF USE OF THE SERVICES OR RELIANCE ON ANY TOOL, FUNCTIONALITY, INFORMATION OR ANY OTHER CONTENT AVAILABLE IN CONNECTION WITH THE USE OF THE SERVICES OR ELSEWHERE ON THE WEBSITE. THE PROVIDER IS NOT RESPONSIBLE FOR ANY PRODUCTS, SERVICES, APPLICATIONS OR OTHER THIRD-PARTY CONTENT THAT THE CUSTOMER USES IN CONNECTION WITH THE SERVICES. IN CASE THE PROVIDER’S LIABILITY IS INFERRED IN CONNECTION WITH THE OPERATION OF THE WEBSITE OR PROVISION OF THE SERVICES BY A COURT OF JUSTICE OR ANY OTHER COMPETENT AUTHORITY, THIS LIABILITY SHALL BE LIMITED TO THE AMOUNT CORRESPONDING TO THE FEE PAID BY THE CUSTOMER FOR THE SERVICES IN CONNECTION WITH WHICH THE CUSTOMER HAS INCURRED THE LOSS.

The Provider reserves the right to modify, change, replace, add, or remove any elements and functions of the Services at any time without any compensation.

The Provider is not responsible for its failure to provide the purchased Services if that failure occurs due to serious technical or operational reasons beyond the Provider’s control, in the case of any crisis or imminent crisis, natural disaster, war, insurrection, pandemic, a threat to a large number of people or other force majeure events, and/or if the Provider is prevented from providing the Services as a result of any obligations imposed by law or a decision of a public authority.

The provisions of this Section 10 are not intended to deprive the Customer of the Customer’s consumer or other rights that cannot be excluded by law.

Violation of the Terms

IF THE CUSTOMER VIOLATES ANY PROVISION OF THESE TERMS IN A MANNER THAT MAY CAUSE ANY HARM TO THE PROVIDER, IN PARTICULAR, IF THE CUSTOMER ACCESSES THE SERVICES IN CONFLICT WITH SECTION 4, IF THE CUSTOMER PROVIDES INCOMPLETE, UNTRUE OR NON-UPDATED INFORMATION IN CONFLICT WITH SECTION 3.3, IF THE CUSTOMER ACTS IN A MANNER THAT MAY DAMAGE THE PROVIDER’S GOOD REPUTATION, IF THE CUSTOMER VIOLATES THE DEMO TRADING RULES PURSUANT TO SECTION 6.4, IF THE CUSTOMER ACTS IN CONFLICT WITH SECTION 9.3, AND/OR IF THE CUSTOMER PERFORMS ANY OF THE ACTIVITIES REFERRED TO IN SECTION 9.5, THE PROVIDER MAY PREVENT THE CUSTOMER FROM ORDERING ANY OTHER SERVICES AND COMPLETELY OR PARTIALLY RESTRICT THE CUSTOMER’S ACCESS TO ALL OR ONLY SOME SERVICES, INCLUDING ACCESS TO THE E8X DASHBOARD AND TRADING PLATFORM, WITHOUT ANY PRIOR NOTICE AND WITHOUT ANY COMPENSATION.

Communication

You acknowledge that all communication from the Provider or its partners in connection with the provision of Services will take place through the E8X Dashboard or your e-mail address, which you register with us. Written electronic communication by e-mail or through the E8X Dashboard is also considered to be written communication.

Our contact e-mail address is [email protected] and our contact address is 4053 Lively Ln. Dallas, TX 75220.

Right to withdraw from a contract

If you are a consumer, you have the right to withdraw from a contract without giving a reason within 48 hours of its execution (see Section 10 for details on the time of execution of the agreement). PLEASE NOTE THAT IF YOU START PERFORMING FICTITIOUS TRADES BEFORE THE EXPIRY OF THE SPECIFIED TIME LIMIT, YOU LOSE YOUR RIGHT TO WITHDRAW FROM THE CONTRACT.

Your withdrawal from the contract must be sent to our email address [email protected] within the specified time limit. We will confirm the receipt of the form to you in text form without undue delay. If you withdraw from the contract, we will refund you without undue delay (no later than 14 days after your withdrawal from the contract) all fees we have received from you, in the same way in which you paid them.

The Provider is entitled to immediately withdraw from the Contract in the case of any breach by the Customer specified in Section 11.

Defective Performances

If the Services do not correspond to what was agreed or have not been provided to you, you can exercise your rights from defective performance. The Provider does not provide any guarantee for the quality of the services. You must notify us of the defect without undue delay at our e-mail address or at our address listed in Section 1.1. When exercising the rights from a defective performance, you may request that we remedy the defect or provide you with a reasonable discount. If the defect cannot be remedied, you can withdraw from the contract or claim a reasonable discount.

We will try to resolve any complaint you may lodge as soon as possible (no later than within 30 calendar days), and we will confirm its receipt and settlement to you in writing. If we do not settle the complaint in time, you have the right to withdraw from the contract. You can file a complaint by sending an e-mail to our e-mail address [email protected]

Changes to the Terms

The Provider reserves the right to change and/or revise and/or amend these Terms at any time with immediate effect for new customers and new orders of the Services placed by existing Customers. The Provider will notify existing customers of the change to the Terms via the E8X Dashboard or by e-mail. The E8 Funding 2-Phase Evaluation and/or the E8 Tournament and/or ELEV8 account Model(s) and the subsequent Final Evaluation are provided throughout the period of their duration pursuant to the version of the Terms which was valid and effective at the time at which the relevant E8 Funding 2-Phase Evaluation and/or the E8 Tournament and/or ELEV8 account Model(s) was ordered.

Intellectual Property Rights

We are the owner or the licensee of all intellectual property rights in our Website, and in the material published on it.  Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our Website for your personal use and you may draw the attention of others within your organization to content posted on our site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

You must not use any part of the content on our site for commercial purposes without obtaining a license to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

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