Terms & Conditions
Warbux LLC (the “Company”, “we”, “our” or “us”) provides you (“you” or the “Trader”) through our partner, Prop Account LLC, with a limited license to use the services (the “Services”) offered by the Company subject to the terms and conditions contained herein (the “Agreement”) and your geographic location.
The terms and conditions of use set forth below apply to this website (collectively, the “Site”). Please read these terms and conditions carefully before using the Site. By using this Site, you acknowledge that you have read, understood and agreed to the terms and conditions of use. If you do not agree to these terms and conditions of use, you may not access or use the Site. The Company reserves the right, at our discretion, to change, modify, add or remove portions of these terms at any time. Therefore, we suggest that you review these terms periodically for changes. By using our Site after we have posted changes to these terms and conditions of use, you are agreeing to be bound by these terms.
Trader Representations
By using the Services, you represent that you at least eighteen (18) years old and are of sound mind and that you have the capacity to agree to and uphold the terms and conditions contained within this Agreement. If you use the Services on behalf of a business entity or other third-party, then you represent that you have actual authority to act as an agent of that business entity or third-party, and that you have the right and ability to agree to and bind that third-party or business entity to the terms of this Agreement on its behalf.
You represent that your use of the Services does not violate any law, regulation, ordinance, statute, or treaty that is applicable to individuals or business entities located in the jurisdiction in which you live. You further represent that you are not prohibited from entering into this Agreement by the terms of any preexisting agreement.
Upon passing an assessment, you will be invited to enter into a Trader Agreement with the Company, and to trade the Company’s money, pursuant to the Terms of the Trader Agreement.
Limited License
The Company provides you with limited, non-exclusive, non-sublicensable, non-assignable, revocable, and royalty-free license to use the Services for its customary and intended purposes. You are expressly prohibited from scraping, framing, hacking, reverse engineering, crawling, or aggregating the Services, the Company Website, whether in whole or in part, without the prior written consent of the Company.
You acknowledge and agree that your limited use of the Services does not entitle you to any license or intellectual property rights to any technology, intellectual property, copyrights, trademarks, or trade secrets of the Company or any third-party contractor thereof. You acknowledge and agree that your use of the Services is limited by the terms of this Agreement, and you expressly agree that you will not use the Services in any manner that is not expressly authorized under the terms of this Agreement. The Company reserves all of its rights not expressly granted through this Agreement.
This license is revocable at any time, and any rights not expressly granted in this Agreement are reserved for the Company.
Jurisdictional Issues
Users of this Site are responsible for observing all applicable laws and regulations in their relevant jurisdictions before proceeding to access the information contained herein. The information provided in or accessible through the Site is 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 law or regulation or which would subject the Firm to any registration or other requirement within such jurisdiction or country. The Company reserves the right to limit access to the Site to any person, geographic region or jurisdiction. By proceeding to access the information, you are deemed to have represented and warranted that the applicable laws and regulations of your relevant jurisdiction allow you to do so.
No Offer, Recommendation or Solicitation
None of the information contained on this Site constitutes a recommendation, solicitation or offer by the Company or its affiliates to buy or sell any securities, futures, options or other financial instruments or provide any investment advice or service.
Neither the Company nor any of its affiliates is, or expects to be, registered as an investment company under the U.S. Investment Company Act of 1940, as amended (the “Investment Company Act”), and investors will not be entitled to the benefits of the Investment Company Act.
Risk of Investing
All investment is subject to risk. The value of securities, may go down as well as up. Past performance is no guarantee of future returns and there is no guarantee that the market price of securities will fully reflect their underlying net asset value.
The information contained in this Site has been prepared without reference to any particular user’s investment requirements or financial situation. Certain transactions give rise to substantial risk and are not suitable for all investors.
Pricing and other information generated through the use of data or services made available herein may not reflect actual prices or values that would be available in the market at the time provided or at the time that the user may want to purchase or sell a particular security or other instrument.
Certain statements on the Site reflect the Firm’s views, estimates, opinions or predictions (which may be based on proprietary models and assumptions, including, in particular, its views on the current and future market for financial instruments), and there is no guarantee that these views, estimates, opinions or predictions are currently accurate or that they will be ultimately realized. Prop Account’s, nor any of its respective affiliates, shareholders, partners, members, directors, officers, management, employees or representatives makes any representation or warranty, express or implied, as to the accuracy or completeness of any of the information on this Site. Each of the aforementioned parties expressly disclaims any and all liability relating to or resulting from the use of the information on this Site.
Limited License
The Company provides you with limited, non-exclusive, non-sublicensable, non-assignable, revocable, and royalty-free license to use the Services for its customary and intended purposes. You are expressly prohibited from scraping, framing, hacking, reverse engineering, crawling, or aggregating the Services, the Company Website, whether in whole or in part, without the prior written consent of the Company.
You acknowledge and agree that your limited use of the Services does not entitle you to any license or intellectual property rights to any technology, intellectual property, copyrights, trademarks, or trade secrets of the Company or any third-party contractor thereof. You acknowledge and agree that your use of the Services is limited by the terms of this Agreement, and you expressly agree that you will not use the Services in any manner that is not expressly authorized under the terms of this Agreement. The Company reserves all of its rights not expressly granted through this Agreement.
This license is revocable at any time, and any rights not expressly granted in this Agreement are reserved for the Company.
Prohibited Uses
You are expressly prohibited from using the Services to violate any law, statute, ordinance, regulation, or treaty, whether local, state, provincial, national, or international, or to violate the rights of a third-party, including, but not limited to intellectual property rights, privacy rights, rights of publicity, or other personal or proprietary rights.
Additionally, you are expressly prohibited from scraping, crawling, framing, posting unauthorized links to, aggregating, hacking, performing denial of service (DOS) attacks on, reverse engineering, or circumventing technological protection measures of the Services or the Company website.
You are also prohibited from using the Services or the Company website to transmit unsolicited commercial emails to third parties or Traders of the Company. While The Company is not responsible for any such content posted by its Traders and does not have the affirmative obligations to monitor such content, it does reserve the right to remove them.
You are also prohibited from using any trading strategy that is expressly prohibited by the Company or the Brokers it uses. Such prohibited trading (“Prohibited Trading”) shall include, but not be limited to:
Exploiting errors or latency in the pricing and/or platform(s) provided by the Broker
Utilizing non-public and/or insider information
Front-running of trades placed elsewhere
Trading in any way that jeopardizes the relationship that the Company has with a broker or may result in the canceling of trades
Trading in any way that creates regulatory issues for the Broker
Utilizing any third-party strategy, off-the-shelf strategy or one marketed to pass challenge accounts
Utilizing one strategy to pass an assessment and then utilizing a different strategy in a funded account, as determined by the Company in cooperation with the Company at its discretion
Attempting to arbitrage an assessment account with another account with the Company or any third-party company, as determined by the Company in its sole and absolute discretion.
Opening a position within 3 minutes before or after a News Event is prohibited. Any traders identified as having opened a position during a News Event are subject to having that position closed and the associated P&L removed from their account, having the leverage on their account reduced or having their account breached altogether. The Company has sole and absolute discretion in determining what constitutes a News Event. This rule is intended to protect the integrity of our program and is not meant to penalize traders who inadvertently trade through a news event.
Attempting to arbitrage your account with another account with the Company or any third-party company, as determined by the Company in its sole and absolute discretion.
If the Company detects that your trading constitutes Prohibited Trading, your participation in the program will be terminated and may include forfeiture of any fees paid to the Company or owed to you by the Company, in the Company’s sole discretion. Additionally, and before any Trader shall receive a funded account, the trading activity of the Trader under these Terms and Conditions shall be reviewed by both the Company and the Broker to determine whether such trading activity constitutes Prohibited Trading. In the case of Prohibited Trading, the Trader shall not receive a funded account.
Additionally, the Company reserves the right to disallow or block any Trader from participating in the program for any reason, in the Company’s sole and absolute discretion.
Prohibition of Gambling Practices
Engaging in inappropriate risk management practices, such as gambling, “all-in” trading, or excessively leveraging positions, is strictly prohibited. Trading activity that resembles gambling—such as consistently placing trades prior to news releases or other binary events—will not be tolerated.
Excessive risk-taking and gambling are defined by the percentage of an account risked in a single trade or across a series of trades or positions. An “all-in” trade refers to committing all or a substantial portion of available capital or margin to a single trade. Similarly, excessive and improper use of leverage occurs when a trader risks a significant portion of their account in one trade or across a series of one-directional trades and positions.
If you are found to be engaging in such activities, the Company reserves the right to immediately close your account and such closure may include the forfeiture of any fees owed to you by the Company, in the Company’s sole discretion.
Copy Trading
Copy trading from one account to another is only permitted if the trader owns all the accounts in question.
Group trading, signal services, passing services, or any other methods that bypass individual strategy are not allowed.
Engaging in trades that mirror or closely align with another trader or group of traders across multiple accounts is strictly prohibited.
Using automated trading systems (EAs) or third-party trading strategies that facilitate copy trading is strictly prohibited
Reverse Trading/Group Hedging.
Hedging or executing reverse trades within a single account is not a prohibited trading activity.
Executing a buy trade on one account and a sell trade on another account, or vice versa, is strictly prohibited.
Group hedging across multiple accounts and/or coordinating opposing positions at one or multiple prop firms practice is strictly prohibited.
Account Creation
In order to register as a Trader, you will be asked to provide personal information, including, but not limited to your name, email address, mailing address, phone number, date of birth and a username and password for an account that is unique to you. The information provided is subject to the Company’s privacy policy accessible here.
The account will be personal to You, and You cannot share it with anybody else. You will be responsible for maintaining the confidentiality of your username and password. If you suspect that your account has been breached, you must immediately notify The Company.
Traders are limited to one active account per assessment level, (any individual registering under a corporate entity is barred from registering an individual account at the same time) absent prior written approval.
Purchases and Refunds
The Company may provide products, services, subscriptions, or access to certain portions to the Company’s website at a monetary cost. Prices and availability are subject to change without notice. The Company may allow for such purchases within its website or via a white label affiliate. It is your responsibility to thoroughly read and understand any such terms and conditions. By making any such purchases, you agree that the Company has no responsibility and acquires no liability for any claim related to your purchases.
Upon the complete purchase of a product, service, subscription, or access to certain portions of the Company website, the Company will make any said product, service, or access will be available to you following the approved transaction.
There are no refunds on any Services purchased from the Company.
Third Party Prizes
Any contests, giveaways, or prizes offered being provided by a third party are in no way offered by or endorsed by the Company. Third-party prizes may come with their own terms and conditions that prize winners must agree to separately. We make no representation or warranty in relation to third party prizes provided and to the fullest extent permitted by law, The Company shall have no liability to you in relation to any prize, its fitness for purposes, merchantability or otherwise.
Guidelines
The Company will display the guidelines associated with the Services on the Company’s website and via email, upon becoming a Trader. These guidelines, which may change from time to time in The Company’s sole discretion, are incorporated in whole into this Agreement. The Company makes absolutely no promise, guarantee, or warranty, express or implied, as to any promise to future employment as a trader, monetary payments, or any other type or kind of compensation or award for your performance as a Trader.
Maximum Allocation Limits
A maximum allocation of up to $1 million in total active evaluation accounts and up to $1 million in total active funded plans per person is permitted. This can be composed of multiple assessments or funded accounts.
Commissions and Fees
Commissions or commission-equivalents may be charged in connection with your trading activity. Rates and methods of application can vary by asset class and are determined by our liquidity providers, and may be adjusted periodically to reflect market conditions. In addition, it’s important to note that positions held overnight may incur swap rates. These rates vary by asset class and are subject to change.
Margin
While our current leverages and margin requirements are fixed, we reserve the right to implement tiered or variable margin requirements at our discretion, and such changes may be made without prior notice.
Forward-Looking Statements
Nothing in this Site is, or should be relied on as, a promise or representation as to the future. This Site contains forward-looking statements, which reflect the views of the Firm or any of their respective affiliates with respect to, among other things, the Firm’s operations. Investors can identify these forward-looking statements by the use of words such as “believe”, “expect”, “potential”, “continue”, “may”, “will”, “should”, “seek”, “approximately”, “predict”, “intend”, “plan”, “estimate”, “anticipate” or other comparable words. These forward-looking statements are subject to various risks, uncertainties and assumptions. Accordingly, there are or will be important factors that could cause actual outcomes or results to differ materially from those indicated in these statements. Should any assumptions underlying the forward-looking statements contained on this Site prove to be incorrect, the actual outcome or results may differ materially from outcomes or results projected in these statements. Prop Account or any of its respective affiliates do not undertake any obligation to update or review any forward-looking statement, whether as a result of new information, future developments or otherwise, except as required by applicable law or regulation.
Governing Law and Consent to Jurisdiction
These terms and your use of the Site shall be governed by the laws of the United States of America and the State of Florida without regard to its conflicts of laws principles. Any legal action or proceeding related to this Site shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Florida.
No Reliance
Although the Firm has taken all reasonable care to ensure that the information contained within this Site is accurate no representation or warranty (including liability towards third parties), expressed or implied, is made as to its accuracy, reliability or completeness by the Company or its affiliates. Opinions and any other contents expressed on this Site are provided for your personal use and informational purposes only and are subject to change without notice. Nothing contained on this Site constitutes investment, legal, tax or other advice and is not to be relied on in making an investment or other decision. You should obtain relevant and specific professional advice before making any investment decision.
Disclaimer of Warranties and Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE AND COMPANY WEBSITE ARE PROVIDED ON AN “AS-IS” BASIS AND WITHOUT WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF TITLE, MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, AND NON-INFRINGEMENT. WHEREVER PERMITTED BY LAW, YOU ACKNOWLEDGE THAT THE COMPANY WILL NOT BE HELD RESPONSIBLE OR LIABLE FOR ANY CLAIMS, DAMAGES, JUDGMENTS, CHARGES, OR FEES ARISING OUT OF OR RELATED TO INFORMATION ON THE WEBSITE AND YOUR USE OF OR ACCESS TO THE SERVICE OR THE COMPANY WEBSITE, INCLUDING, BUT NOT LIMITED TO COMPENSATORY DAMAGES, CONSEQUENTIAL DAMAGES, SPECIAL DAMAGES, INCIDENTAL DAMAGES, PUNITIVE DAMAGES, EXEMPLARY DAMAGES, COSTS AND ATTORNEYS’ FEES, DAMAGES ARISING OUT OF ERRORS OR OMISSIONS, AND DAMAGES ARISING OUT OF THE UNAVAILABILITY OF THE WEBSITE OR DOWNTIME. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICES AND/OR THE COMPANY WEBSITE IS AT YOUR SOLE RISK AND THAT THE COMPANY’S LIABILITY IS LIMITED TO THE AMOUNT THAT YOU PAID TO USE THE SERVICIES OR $1,000, WHICHEVER IS LESS.
Indemnification
You agree to indemnify, defend, and hold harmless The Company, its officers, shareholders, directors, employees, subsidiaries, affiliates, white label users, and representatives from any and all losses, including, but not limited to costs and attorneys’ fees arising out of or related to your use of the Website; your violation of any term or condition of this Agreement; your violation of the rights of third parties, including but not limited to intellectual property rights or other personal or proprietary rights; and violation of any law, statute, ordinance, regulation, or treaty, whether local, state, provincial, national or international.
Your obligation to defend The Company will not provide you with the ability to control The Company’s defense, and The Company reserves the right to control its defense, including its choice of counsel and whether to litigate or settle a claim subject to indemnification.
Linked Sites and Social Media
This Site provides links to other websites that we think might be of interest to our users. Please note that when you click on one of these links, you may be moving to another provider’s website. These linked sites and their providers are not controlled by us, and we are not responsible for the contents or the proper operation of any linked site. The inclusion of any link does not imply our endorsement or our adoption of the statements therein. We encourage you to read the terms of use and privacy statements of these linked sites as their policies may differ from ours.
We may maintain a presence on and link to social media websites, including LinkedIn, X, Instagram, and others (collectively, “Social Media Pages”), to provide a place for people to learn more about us and our services and to share experiences with our services. When you visit these social media Pages, you are no longer on our Platform, but rather a website operated by a third party. All comments, visuals and other materials posted by visitors to our social media Pages do not necessarily reflect our opinions, values or ideas. All visitors to our social media Pages must comply with the respective social media platform’s terms of use.
Survivability
The representations, warranties, duties, and covenants made by you under this Agreement will survive the termination of this Agreement or the Services, including, but not limited to your duty to indemnify and defend the Company.
In the event that any term or condition of this Agreement is deemed invalid or unenforceable by the court of competent jurisdiction, the remaining terms and conditions of this Agreement will remain in full force and effect.
Proprietary Rights
Unless otherwise expressly noted, all information and materials, including, without limitation, images, illustrations, designs, icons, photographs, video clips, and written and other materials, that are part of the Site are copyrights, trademarks, service marks, trade names, trade dress and/or other intellectual property owned, controlled or licensed by the Firm. No material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way; provided, however, that you may download, where specifically permitted, one copy of the materials on any single computer for your personal, non-commercial use only, provided you keep intact and properly display all copyright and other proprietary notices. You may not distribute, modify, transmit, reuse, repost, or use the content of the Site, including, without limitation, any text, images, audio and video, for public or commercial purposes without Prop Account’s written permission. Modification or use of the information or materials for any other purpose will violate the copyright and/or intellectual property rights of the Firm. Further, the Firm will not treat users of this Site as its clients by virtue of their accessing this Site.
Regulatory Matters
The USA Patriot Act and other applicable rules and regulations, require us to obtain, verify, and record information to identify each entity or individual that enters into a business relationship with us. We may ask for your address, identification number, corporate documents or other identifying information to help us verify your identity. We may use a third-party source to confirm the information you provide us.
Assignment
You are expressly prohibited from assigning your rights and duties under this Agreement. The Company reserves the right to assign its rights and duties under this Agreement, including in a sale of the Company or its Services.
Waiver
No term or condition of this Agreement or breach of this Agreement will be deemed to have been waived or consented to, unless said waiver is in writing and signed by the party to be charged.
Entire Agreement
This Agreement contains the entire agreement between the Company and the Trader regarding the use of the Services and supersedes all prior understandings, agreements, or representations between the Company and Trader, whether written or oral.
Contact
Any notice or communication permitted or required hereunder shall be in writing and shall be deemed sufficiently given if hand-delivered, sent postage prepaid by certified or registered mail, return receipt requested, or emailed to us at [email protected].