Funded Trader Agreement

The agreement below governs Prime Simulated accounts, including Instant Prime purchases and funded-stage trading.

Last Modified: March 31st, 2025

This Prime Simulated ("SIM") Account Agreement (this "Agreement") is entered into by and between YRM Prop LLC, a Delaware limited liability company ("YRM"), and You (the "User"). YRM and User are each individually a "Party" and collectively the "Parties" to this Agreement.

RECITALS

User has either (i) graduated from YRM's simulated trading evaluation program known as the "YRM Prop Challenge" and been provided the ability to enter into live market trading with an affiliate of YRM; however, User and YRM have determined it is in User's best interest to continue trading in a simulated environment for a limited period of time to improve User's trading skills while providing trading data to YRM in exchange for the ability to obtain compensation based on demonstrated skill in trading; or (ii) been determined, in the sole discretion of YRM, to possess the current trading skills to bypass the YRM Prop Challenge (specifically, an "Instant SIM") and be allowed to trade in the simulated environment for a limited period of time while providing trading data to YRM in exchange for the ability to obtain compensation based on demonstrated skill in trading.

YRM desires to (i) provide User with access to an account maintained by YRM for simulated trading of commodity futures (the "Prime SIM Account") using simulated capital ("SIM Capital"), as well as analytical instruments, training, educational materials, and other accompanying services for advanced traders found in the user interface of YRM's website (the "Site") to enable User to access and use those resources and services (collectively, the "Services"), and (ii) pay User a certain financial reward calculated according pursuant to the terms and conditions of this Agreement (the "Reward").

It is the intent of the Parties that, once User has demonstrated additional proficiency in trading, User will graduate to an account funded by an affiliate of YRM in which User will place real in-market live trades (the "Funded Live Account") pursuant to a separate agreement to be executed between the Parties, it being understood that User's participation in the Prime SIM Account is a further intermediate step along User's education and progression towards professional trading;

The arrangement contemplated under this Agreement engages the User to perform simulated trading of commodity futures. No actual trading of commodity futures will occur under the arrangement set forth herein. User acknowledges and agrees that YRM believes that the data generated by User's activities is of sufficient value to pay any Reward.

User desires to (i) open a Prime SIM Account to perform simulated futures trading through the Trading Platform (as defined below), (ii) receive access to the Services, and (iii) have the ability to earn the Rewards.

AGREEMENTS

NOW THEREFORE, in consideration of the foregoing Recitals, incorporated herein by reference, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

Prime SIM Account.

Prime Simulated "SIM" Trading. YRM shall provide User with a Prime SIM Account to perform simulated futures trading ("Prime SIM Trading") through an electronic interface for performing such simulated futures trading (the "Trading Platform"). User has no ownership interest in the Prime SIM Account and no control over or right to transfer any SIM Capital. User has no right or entitlement to engage in Prime SIM Trading except as permitted by YRM, and the privileges of User may be terminated by YRM at any time for any reason or no reason in YRM's sole and absolute discretion. YRM may freeze or limit Prime SIM Trading at any time in its sole discretion. User shall utilize only the Trading Platform and tools explicitly sanctioned by YRM. Any deviation from this requires YRM's prior written consent. User acknowledges that the managed trading account provided by YRM is solely for use on YRM's Trading Platform.

YRM offers two ways for a User to receive a Prime Simulated "SIM" Trading Account: By paying an entry fee to purchase a Challenge Program, and thereafter passing the Challenge Program phase by meeting the requirements while adhering to all rules and features. Or by purchasing an Instant Prime account where a User bypasses the Challenge Program phase and receives a Prime Simulated "SIM" Trading Account immediately. Additional information about the differences between Challenge and Instant Prime accounts can be found here: https://intercom.help/yrmprop/en/articles/11070870-challenge-accounts-vs-prime-accounts

YRM offers different Challenge Programs that vary by features and cost. User is responsible for reviewing the latest rules, features, and costs associated with the YRM challenges by going to the YRM website, https://yrmprop.com/#get_fund_section , and by visiting the help center, https://intercom.help/yrmprop/en/articles/11067605-what-types-of-funding-programs-does-yrm-prop-offer . Additional information about the Challenge programs can be found in the help center, https://intercom.help/yrmprop/en/

YRM offers different Instant Prime accounts that vary by features and cost. User is responsible for reviewing the latest rules, features, and costs associated with the YRM challenges by going to the YRM website, https://yrmprop.com/#get_fund_section , and by visiting the help center, https://intercom.help/yrmprop/en/articles/11067605-what-types-of-funding-programs-does-yrm-prop-offer#h_c016b98847 . Additional information about Instant Prime accounts can be found here: https://intercom.help/yrmprop/en/collections/12426191-instant-prime

All programs include an End-of-Day drawdown assessment. Users who pass the Challenge will be upgraded to a Prime Account, which offers a 90/10 profit-sharing arrangement (you keep 90%). Users can manage up to 3 funded accounts simultaneously (either Prime accounts, Instant Prime accounts, or a combination of both).

Trading Platform. User acknowledges that the Trading Platform is provided by a third-party, and YRM is not responsible for the content, performance, or functionality of the Trading Platform. YRM shall not be liable for any information displayed on the Trading Platform or for any interruptions, delays or inaccuracies in the market or statistical data displayed through the Trading Platform or the instruments accessible with the Services.

Personal Identification. User acknowledges that, once User is permitted to engage in Prime SIM Trading, User shall trade only using User's assigned user id and login information. User shall maintain such user id and login information in confidence and such information shall be considered Confidential Information pursuant to Section 7 of this Agreement.

Automated Trading Software. To the extent that User prepares or uses any custom, algorithmic, or other automated trading software (collectively, "Automated Trading Software") in connection with User's activities hereunder, User acknowledges that: (i) User shall notify YRM in writing and obtain written approval from YRM prior to using any Automated Trading Software, (ii) no Automated Trading Software may be used unless YRM has given prior written approval for its use, which approval shall be at YRM's sole discretion, (iii) User shall indemnify YRM against any claim that such Automated Trading Software infringes on the intellectual property rights of any third party and any and all claims, loss, damages, cost, and fees, including reasonable attorneys' fees, incurred by YRM as a result of User's use of the Automated Trading Software, and (iv) User shall be responsible for all costs and expenses with respect to such Automated Trading Software. User acknowledges that YRM may require advance testing of Automated Trading Software in its sole discretion. Notwithstanding the foregoing, YRM prohibits use of any Automated Trading Software owned or developed by any third party other than the User.

Prohibited Conduct. In connection with Prime SIM Trading, User is prohibited from (collectively, "Prohibited Conduct"):

  • Using any trading strategy intended to exploit or create errors in the Services or Trading Platform such as errors in the display of prices or delay in their updates;
  • Using any trading strategy that includes disruptive practices (as determined in YRM's sole discretion), including but not limited to any conduct that would be prohibited by the CME Group's rules including spoofing and layering strategies;
  • Using automated trading systems designed to scalp at an extremely high frequency. We do not allow strategies that produce more than 200 trades in a day;
  • Order splitting. Entering multiple limit orders at the same price at the same time in order to try to game limit order fills. Initiating trades in gapped, illiquid markets to profit from stray fills.
  • Continued exploiting the lack of slippage in the sim environment to achieve unrealistic stop-loss execution, such as bracketing data releases.
  • Performing trades any time outside the best bid or offer;
  • Performing trades using an external or slow data feed;
  • Performing, alone or in concert with any other person, including between connected accounts, or accounts held with different YRM parties, trades, or combinations of trades, the purpose of which is to manipulate, abuse, or give User an unfair advantage, for example, by engaging in any short term or high frequency trades or simultaneously entering into opposite positions;
  • Performing trades in conflict with the terms and conditions of YRM of the User Section and the terms and conditions of the YRM Prop Challenges;
  • Using any software, artificial intelligence, ultra-high speed, or mass data entry which might manipulate, abuse, or give User an unfair advantage;
  • Otherwise performing trades in contradiction with how trading is actually performed in the applicable futures markets, or in a way that establishes justified concerns that YRM might suffer financial or other harm as a result of User's activities;
  • Using any instruments that may adversely affect the operation of the Trading Platform or Services or that would be intended to misuse any errors, bugs, or other deficiencies;
  • Circumventing geographical restrictions of availability or any other technical restrictions;
  • Engaging in other conduct which in the sole discretion of YRM, represents uncommercial activity, is intended to game the market, or otherwise is not a viable trading strategy.

Additionally, there may be other Prohibited Conduct not mentioned above that YRM will include here: https://intercom.help/yrmprop/en/articles/11100376-prohibited-trading-practices

Excessive or unrealistic single day trades or single trade profits will be subject to review by YRM for any possible violations of this Agreement or Trading Rules or engaging in any Prohibited Conduct.

YRM utilizes advanced surveillance systems and other risk measures to monitor all User trading activities. YRM reserves the right to request information or documentation if our risk measures flag User's account for potential violations of YRM rules or Prohibited Conduct. Suspicious or non-compliant trading behavior by User may result in immediate account restrictions or termination. If YRM, in its sole discretion, determines a User has violated any Trading Rules or engaged in Prohibited Conduct, YRM may, in its sole determination, remove any Simulated Account profits, delete trades, reset an Account, or ban a User from any further use of the Services. If YRM identifies trading activity that, in its sole discretion, constitutes Prohibited Conduct, YRM reserves the right to, in its sole discretion, delete trades and all profits, or restart or close the Prime SIM Account. Additionally, YRM may ban User from use of all or a portion of the Services.

YRM reserves the right to audit and review the trading activities and styles of all Users to ensure compliance with the YRM's rules and guidelines. This includes, but is not limited to, monitoring for adherence to Prohibited Conduct. The audit may be initiated at YRM's sole discretion and conducted at any time, without prior notice, and Users are required to fully cooperate with any requests for information or documentation. Failure to comply with the YRM's rules or audit process may result in disciplinary action, up to and including termination of trading privileges.

Trading can only occur during normal electronic trading hours unless otherwise indicated by us. All positions MUST be closed by 4:15 PM EST. Users are only permitted to trade permitted products by YRM. For more information, please visit our help center

Representations, Warranties, and Covenants. User represents, warrants, and covenants to YRM as follows:

User acknowledges and agrees:

YRM appoints User as an independent contractor. User acknowledges and agrees that they are not an employee or agent of YRM and shall not represent themselves as such.

No performance provided by YRM to User under this Agreement, including all Services, may be considered as investment services or activities within the meaning of the legal regulations governing, in particular, investment services and capital markets; in particular, YRM does not receive or execute in any case, whether directly or indirectly, any trading instructions, does not trade on its own account, does not provide or conduct investment or other advice, research, recommendations or analyses, and does not give or forward to User any trading instructions, does not receive any assets from, or manage any assets for, User, and does not provide any related market or exchange services. You acknowledge and agree that YRM is not registered in any capacity with the U.S. Securities and Exchange Commission ("SEC"), the U.S. Commodity Futures Trading Commission ("CFTC"), or a self-regulatory association such as the National Futures Association or FINRA. We are not a broker-dealer, as such term is used in United States financial services regulations, and that we do not trade securities on our or another party's behalf as part of the Investment Gateway or Services. Nor are we a commodity trading advisor ("CTA") or Investment Advisor, as we do not directly offer any financial advice of our own as part of the Investment Gateway or Services.

No employees or other staff or representatives of YRM are authorized to provide services under this Agreement within the meaning of Section 2(a)(i).

All trading that User performs through User's Prime SIM Account is simulated only and that the execution of a simulated trade within the Services provided shall in no way constitute an instruction to trade in real financial markets or with real currency.

SIM Capital is not real currency and User has no right to it beyond the scope of its use in connection with Prime SIM Trading and the Services (in particular that they cannot be used for actual trading), User is not entitled to withdraw or transfer any SIM Capital, and that YRM does not in any circumstances receive any funds or other assets from, or manage any funds or other assets for, User within the Services.

Performance in Prime SIM Trading is not indicative of trading in real financial markets, and that past performance and any earned Reward are neither a guarantee nor an indication of any future performance.

Excessive or unrealistic single day or single trade profits will be subject to review by YRM for any possible violations of Trading Rules or engaging in any Prohibited Use.

User is obligated to promptly notify YRM about and provide YRM with User's accurate and correct identifying information as requested by YRM. User guarantees that all personal and professional information provided to YRM is accurate and up-to-date. Any changes must be reported within seven (7) days.

Any failure to promptly provide accurate information shall be a material breach of this Agreement.

In performing this Agreement, User shall (i) comply with all applicable legal regulations; (ii) if required under applicable law, obtain, and maintain the validity of, all permits, licenses, consents, or approvals, which may apply to User's activities under this Agreement; and (iii) fulfill all notification, tax, fee, or other obligations that may arise in connection with the performance of this Agreement, and in particular with the Reward (defined in Section 5). User agrees to promptly furnish any documentation or information YRM requests, including but not limited to tax documents, identity verification, and trading records. User also agrees to comply with all Know Your Customer (KYC) requirements as mandated by YRM. User is authorized to access and use the Services only in accordance with the applicable legal regulations and is prohibited from circumventing any technical measures that may limit the availability of the Services in certain countries. In no event shall YRM bear any responsibility for the failure of User to fulfill any of its obligations. User hereby acknowledges that the SIM Capital has no monetary value, and it is only a part of the Services provided to User and User has no actual right, title, or ownership to such SIM Capital, and that the YRM has all rights, interest, and full ownership to all SIM Capital (as part of the Services). The Prime SIM Account and any and all rights related to the Services that are granted by this Agreement are personal to User and cannot be transferred by contract or otherwise.

User confirms they have no legal or contractual restrictions that might hinder their performance under this Agreement.

User represents that User has (i) never been convicted of (1) any felony, or (2) any misdemeanor related to fraud, false statements or wrongful taking of property; (ii) never been disciplined or been the subject of an action by any governmental or self-regulatory organization, including but not limited to the National Futures Association, SEC or the CFTC; and (iii) no outstanding debts with a clearing firm or other financial services firm.

Rules. All use of the Services, including trading in the YRM Prop Challenge, is subject to trading rules established by YRM (collectively, "Trading Rules"), which are subject to change by YRM in its sole and absolute discretion from time to time. The current Trading Rules are set forth on the Site and in the help center, https://intercom.help/yrmprop/en/collections/12423308-rules . User acknowledges and agrees that User is solely responsible for staying current on and adhering to Trading Rules, which remain subject to change at any time and from time to time, with or without notice.

Reward. In connection with any Prime SIM Trading conducted by User, User will be compensated as follows:

Calculation of Rewards. To better simulate live trading environments, hypothetical amounts deemed by YRM to approximate customary market charges for commissions and fees shall be imputed to Prime SIM Trading and netted out of the determination of any Trading Profits (defined below) and added to the balance of any Trading Losses (defined below). The purpose of YRM's charging of simulated commissions is to ensure that simulated trading results reflect as closely as possible what a User can expect to encounter when trading in a Funded Live Account. At the time of determination, (A) if after netting User's gross rewards and expenses from the initial balance of User's Prime SIM Account at the commencement of a day of trading (the "Daily Starting Balance") the result is in excess of such Daily Starting Balance, such amount in excess of the Daily Starting Balance shall represent hypothetical "Trading Profits", and (B) if after netting User's gross rewards and expenses from the Daily Starting Balance the result is less than the Daily Starting Balance, the difference between such result and the Daily Starting Balance shall represent hypothetical "Trading Losses."

Allocation of Rewards. User shall be entitled to receive, as User's sole compensation, a reward (the "Reward") calculated as an allocation of accrued Trading Profits (net of Trading Losses) pursuant to the Trading Rules. User shall not be entitled to any compensation, salary, or other benefit except the appropriate Reward, if any. As used herein, "Reward Balance" means, as to a given User, the total accrued and unpaid Rewards of such User.

Maximum Rewards. Notwithstanding anything to the contrary, (i) a User shall not be permitted to earn or accrue Rewards in excess of $35,000 per Prime SIM Account (the "Maximum Rewards"), and (ii) no Trading Profits shall be credited to a User's Reward Balance in excess of the Maximum Rewards level. The Maximum Rewards level shall be calculated by including the total gross Rewards earned by User, which includes both Rewards included in the accrued Rewards Balance, and Rewards that have already been paid out to User under this Agreement. User may not earn and is not entitled to be paid any Rewards in excess of $100,000 under this Agreement. If any profits accrue in a Prime SIM Account in excess of the Maximum Rewards ("Excess Amounts"), User forfeits any right to the payout of such Excess Amounts. YRM may, in its reasonable discretion, convert any Excess Amounts to U.S. Dollars and transfer them to a Funded Live Account. Upon reaching the Maximum Rewards, User must agree to sign a Funded Live Account Agreement, and agree to the transfer of any accrued Reward Balance to the Funded Live Account, or forfeit all Reward Balance and terminate its relationship with YRM.

Payout. If eligible, User may request a payout of up to one hundred percent (100%) of User's then-current Reward Balance after achieving eight (8) days with at least $300 Trading Profits each (a "Payout") by submitting a request through the Site unless User is an Instant SIM participant. Instant SIM Users may request a Payout immediately after meeting the eight (8) day minimum trading days requirement. No Payout to User shall be made except with the approval of YRM in its reasonable discretion. Payouts will generally be disbursed to User within five (5) business days of the date YRM receives the Payout request. User will still be able to place trades after submitting a payout request. However, if a User fails their account or fall below the minimum thresholds for a payout before the request is processed, your payout will be denied. Notwithstanding anything to the contrary, YRM shall not be responsible and have no liability for any failure or inability to timely disburse any Payout. YRM may, at its sole and absolute discretion, require User to withdraw some or all of User's accrued and unpaid Reward. Each Payout shall reduce the balance of User's Prime SIM Account by the corresponding amount of Trading Profits used to calculate the distributed Reward. Instant SIM Users retain one hundred percent (100%) of profits up to the first $10,000. Thereafter for Instant SIM Users, or initially for all other Users, ninety percent (90%) of the Payout will remain with the User, and ten percent (10%) will be retained by YRM. The minimum Payout amount is $1,000. If a User has less than $1,000 in trading profits at the time of the Payout request, or requests a payout of less than $1,000 then the payout will not be approved and the payout will not be made. Additional information regarding payouts can be found here: https://intercom.help/yrmprop/en/?q=payout

Term; Termination.

This Agreement shall commence on the Effective Date and continue for successive three (3) month terms unless one Party provides written notice of termination to the other Party (the "Term"). This Agreement may be terminated by User or YRM for any reason or no reason at all, at any time, by the terminating Party providing written notice of termination to the non-terminating Party.

Subject to Sections 6(c)-(d), upon termination, one hundred percent (90%) of User's accrued and unpaid Reward Balance shall be paid to User or transferred to a Funded Live Account, subject to the execution of a Funded Live Account Agreement.

Notwithstanding Section 6(b), if YRM, in its sole discretion, believes that User has abandoned their Prime SIM Account (being automatically deemed abandoned upon sixty (60) or more consecutive calendar days without any trades made), YRM may, with or without notice, permanently closing User's Prime SIM Account, upon which any accrued and unpaid Reward Balance shall be forfeit without consideration.

Notwithstanding Section 6(b), if YRM, in its sole discretion, believes that User has abandoned their Prime SIM Account (being deemed abandoned with sixty (60) or more consecutive calendar days without any trades made), made a false statement or misrepresentation related to this Agreement or the Prime SIM Account, has violated the Trading Rules, or is acting in bad faith or in violation of this Agreement, YRM may take such action as it deems appropriate in its sole discretion, including but not limited to (i) removing one or more trades or trading date from a User's Prime SIM Account, and (ii) permanently closing User's Prime SIM Account. If YRM, in its sole discretion, determines to close User's Prime SIM Account pursuant to this Section 6(c), no Rewards shall be allocated to User, any accrued Reward Balance shall be forfeited, this Agreement shall be immediately terminated, User shall be permanently banned from engaging in any other offerings with YRM or its affiliates, and User shall indemnify, defend, and hold the YRM, its affiliates, subsidiaries, and associated companies (collectively, the "YRM Group"), harmless from all losses, damages, fines, penalties, and expenses incurred directly or indirectly by YRM as a result of such violation or breach, including reasonable attorneys' fees and expenses.

YRM reviews Prime SIM Trading for quality and data aggregation purposes. In evaluating a particular User, YRM may, in its sole discretion and at any time, determine that such User has demonstrated sufficient proficiency in Prime SIM Trading and elect to transition such User to a live trading account ("Funded Live Account") with YRM's affiliate. Should YRM elect such transition by written notice to User, then (i) this Agreement shall terminate with funds retained and disbursed in accordance with Section 6(b), and (ii) User will execute a Funded Account Agreement for a "Funded Account" with YRM's affiliate (a "Funded Live Account Agreement"). If User fails to timely execute a Funded Account Agreement, then YRM may terminate this Agreement and cause its affiliate to rescind any offer to enter Live Trading.

Confidentiality. YRM has devoted a substantial amount of time and effort and has incurred substantial costs in developing its trading methods, systems, metrics, feedback, and strategies. As a result of these efforts, YRM has developed proprietary trading methods, systems, strategies, methods of operations, written materials, and business practices all solely for the use of YRM in the expansion and enhancement of its proprietary trading business ("Confidential Information"). User agrees that Confidential Information is, in fact, confidential and proprietary to YRM. During the Term, and for three years following expiration or earlier termination of the Term, User shall not, without the prior written consent of YRM, except as required by any court, supervisory authority, or administrative agency, use or disclose Confidential Information to any person, other than an employee or agent of YRM or a person to whom disclosure is reasonably necessary or appropriate in connection with the performance of User's activities under this Agreement, provided that such person agrees to comply with the confidentiality requirements set forth in this Section 7. In the event User is required to disclose Confidential information as set forth herein, User shall immediately send notice to YRM of all facts and circumstances surrounding such disclosure including, but not limited to, what Confidential Information was disclosed, to whom such disclosure was made, and the purpose such disclosure was required. All trading data and related information generated on the YRM platform is proprietary. Unauthorized reproduction, distribution, or use of this data is prohibited. All intellectual property rights associated with YRM's platform remain the exclusive property of YRM.

Non-Solicitation; Non-Disparagement. During the Term and for a period of two (2) years thereafter, User shall not, directly or indirectly: (a) cause or attempt to cause any employee of a YRM Group to leave the employ of such firm, (b) cause or attempt to cause any independent contractor of a YRM Group, including any traders, to leave such company, (c) in any way interfere with the relationship between any YRM Group and such company's employees, agents, consultants, or independent contractors, including traders, (d) hire any employee, agent, consultant, or independent contractor, including traders, of any YRM Group to work for any organization of which User is an officer, director, employee, consultant, independent contractor, agent, or owner of an equity or other financial interest, (e) interfere or attempt to interfere with any transaction in which any YRM Group was involved with during the Term, or (f) cause or attempt to cause any vendors, suppliers, or Exchanges to cease their business relationships with any YRM Group. User will not make any false, disparaging, defamatory, or derogatory statements, whether written or verbal, including on any websites or social media platforms, regarding any YRM Group, or otherwise place any YRM Group in a false or negative light. User agrees not to disrupt YRM's business operations, including its contractual relationships and business strategies.

Disclaimer of Warranties. DISCLAIMER OF WARRANTIES. YRM EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PRIME SIM ACCOUNT, THE Trading Platform, AND THE SERVICES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YRM DOES NOT WARRANT OR REPRESENT THAT THE FUNCTIONS OR OPERATIONS OF THE FOREGOING WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE INVESTMENT GATEWAY, YRM SERVICES, ITS SERVERS, OR ANY E-MAIL SENT FROM YRM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

YRM DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE INVESTMENT GATEWAY OR SERVICES ARE LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, YRM SPECIFICALLY DISCLAIMS SUCH WARRANTIES. BY USING THE INVESTMENT GATEWAY OR SERVICES, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE INVESTMENT GATEWAY OR SERVICES.

YOU ACKNOWLEDGE THAT THE PRIME SIM ACCOUNT, THE Trading Platform, AND 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.

Limitation of Liability. IN NO EVENT WILL YRM, ANY YRM GROUP, ITS PARENTS, SUBSIDIARIES, PARTNERS, OR AFFILIATES, OR THE RESPECTIVE SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS OF EACH BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING ANY LOST PROFITS, LOST OR CORRUPTED DATA OR LOST OPPORTUNITY, NOR MONETARY HARM OR PROPERTY DAMAGE EVEN IF YOU OR ANY OTHER PERSON HAS NOTIFIED US ABOUT THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIMS BY ANY THIRD PARTIES, ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT OR IN RELIANCE OF ANY TOOL, FUNCTIONALITY INFORMATION OR OTHER CONTENT AVAILABLE IN CONNECTION WITH IT. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

IN NO EVENT WILL OUR LIABILITY FOR ANY CLAIM OF ANY KIND, WHETHER BASED IN CONTRACT, WARRANTY, TORT, STRICT LIABILITY, OR OTHERWISE, FOR ANY LOSSES OR DAMAGES ARISING OUT OF, CONNECTED WITH, OR RESULTING FROM, THESE TERMS OR THE PERFORMANCE OR BREACH THEREOF, OR ANY PRODUCT OR SERVICE OR THE USE OR PERFORMANCE THEREOF, EXCEED THE MAXIMUM REWARDS AMOUNT OF $100,000.

Injunctive Relief. User acknowledges and agrees that the remedy at law for any violation by User of Sections 7 and 8 will be inadequate and that YRM would suffer continuing and irreparable injury to its business as a direct result of any such violation. User therefore agrees that, in the event of any actual or threatened violation by User of Sections 7 and 8, YRM shall be entitled, in addition to any other remedies available to it, to a temporary or permanent restraining order and to injunctive relief against User to prevent any such violation, without any requirement to prove actual damages or to post a bond, and to any other equitable relief the court deems proper. If court proceedings seeking injunctive relief are instituted by YRM in response to actual or threatened violation of Sections 7 or 8, User agrees to pay YRM's costs and expenses of such legal action, including reasonable attorneys' fees.

Survival of Obligations. The representations, warranties, and covenants contained herein shall survive termination of this Agreement. In addition, termination of this Agreement shall not affect any of the rights or obligations of either Party arising prior to, or at the time of, the termination of this Agreement, or which may arise by any event causing the termination of this Agreement.

Arbitration. Any disagreement, claim, or controversy between the Parties arising from this Agreement, including questions regarding the scope and applicability of this Section 13, shall be settled before the American Arbitration Association ("AAA") in the state of Delaware under the AAA's then current Commercial Arbitration Rules. Judgment upon any award may be entered in any court of competent jurisdiction. YOU AGREE THAT EACH PARTY 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. Further, unless both parties 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.

Data and Use. User acknowledges that YRM may collect and aggregate information about User and User's particular simulated trades, trading patterns and preferences, and other preferences and interests and use such information in its sole discretion. YRM may share or sell such information to YRM's business partners, affiliates, vendors, distributors, or other collaborators for these same purposes and each of them may use all such information to influence their own trading habits through mirroring simulated trades in actual financial markets or use them in any other manner. User agrees that such activities may be performed automatically and in no circumstance shall User be entitled to any payment or compensation except for the Reward. Further, all such activities shall be performed without the necessity of notice, consent, consultation, or approval by User.

Terms of Use. This Agreement supplements YRM's Terms of Service (a current copy which can be found at https://yrmprop.com/terms-of-use (the "Terms of Service")) and Privacy Policy (a current copy which can be found at https://yrmprop.com/privacy-policy/ (the "Privacy Policy")) in effect from time to time, each of which remain in full force and effect, are incorporated herein by reference, and govern User's access to and the use of the Investment Gateway or Services. All capitalized terms not otherwise defined herein shall have the meanings set forth in the Terms of Service. In the event of any inconsistencies between the Terms of Service, the Privacy Policy, and this Agreement, the terms of this Agreement shall control.

Communications Policy. User acknowledges and agrees that (a) any communications created or sent by User shall be professional and appropriate, (b) YRM may monitor or review any such communications or activity for risk control or other purposes, (c) User has no right of privacy in materials or communications related to YRM, sent through YRM's systems, or made in connection with this Agreement, (d) Any promotional materials representing YRM or its services require YRM's prior written approval, and (e) User shall remain in compliance with any communications policies established by YRM, in its sole discretion, in effect at the time.

Acknowledgments. User acknowledges that (a) no actual trading in live futures markets will ever occur through the Prime SIM Account, (b) User is not required to deposit funds to engage in the simulated trading contemplated under this Agreement, (c) User has no right, title, or ownership in any property, funds, or positions in the Prime SIM Account and that, in any event, all such property, fund and funds are simulated and therefore imaginary, (d) all undistributed Rewards are at risk of loss, and (e) YRM solely communicates using the English language. User represents and warrants that User possesses the necessary proficiency in the English language to communicate for all purposes necessary and incidental to this Agreement.

Consent and Acceptance. User consents to YRM investigating User's background as YRM deems appropriate in its sole discretion. Notwithstanding anything contained herein to the contrary, no agreement exists between User and YRM until YRM has reviewed and accepted User's information and the results of any KYC or background investigation (if applicable). YRM may decline to enter into a contractual agreement with User or any prospective trader for any reason or no reason, including but limited omitting information requested by YRM, fraudulent credit card charges or credit card chargebacks, brokerage relationships, User's indebtedness or history of indebtedness, providing misleading, inaccurate, or fraudulent information to YRM, any criminal or civil charges or convictions or judgments, as applicable, or living in, operating in, or being a citizen or resident of any jurisdiction YRM deems unacceptable for any reason whatsoever.

Binding Effect. This Agreement shall be binding upon and inure to the benefit of the Parties and their respective heirs, successors, and assigns. YRM may assign this Agreement at any time. User may not assign this Agreement without the prior written consent of YRM, which consent may be granted or withheld in YRM's sole discretion.

Non-Waiver. No delay or failure by any Party to exercise any right hereunder, and no partial or single exercise of any such right, shall constitute a waiver of that or any other right, unless otherwise expressly provided herein.

Headings. Headings in this Agreement are for convenience only and shall not be used to interpret or construe its provisions.

Governing Law; Jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware.

Severability. Any provision of this Agreement which shall be adjudged invalid, illegal, or unenforceable in any jurisdiction shall, as to that jurisdiction, be ineffective to the extent of such invalidity, illegality, or unenforceability, without affecting in any way the remaining provisions hereof in such jurisdiction or rendering that or any other provision of this Agreement invalid, illegal, or unenforceable in any other jurisdiction.

Entire Agreement. This Agreement supersedes all prior agreements and constitutes the entire agreement between the Parties with respect to the subject matter hereof. This Agreement may be amended, updated, or modified by YRM at its sole discretion and at any time. Changes to this agreement will become effective when they are included in the YRM Prime Sim Account Agreement on the YRM website or by written notice to User. Continued use of YRM's Trading Platform, platforms, services, or the entry of an order by User shall constitute agreement to the Agreement posted on the YRM website at that time. No amendment to this Agreement shall be binding upon YRM unless acknowledged and accepted in writing by an authorized officer of YRM.

Contact Information. User can contact YRM with any questions, feedback, comments, requests for technical support and other communications through the following methods:

By accessing your Prime SIM Account, you acknowledge that you have read, understood, and agree to be bound by all terms and conditions set forth in this Agreement.

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