Privacy Policy

Terms and Conditions

Last updated: February 1, 2023

Welcome to the Shadow My Trading Community. Shadow My Trading is an independent platform (as modified from time to time, the “Shadow My Trading Community”) dedicated to helping people (“Participants” or “you”) reduce financial stress, improve financial wellness and increase wealth through financial articles, blogs, podcasts and other content (the “Shadow My Trading Content”) provided by various writers, financial professionals and educators (the “Contributors” or “you”). The website at shadow-my-trading.com (the “Site”), the directory program (the “Directory”) and the various other related services, premium and other features, functions and websites (together with the Shadow My Trading Community, the Content and the Site, collectively the “Shadow My Trading Services”) are provided and operated, and are being made available to you and the other Participants and Contributors, and the other users of any of the Shadow My Trading Services (collectively, “Users”) by Leemount Trading S.A. (“Shadow My Trading”, “us” or “we”). All defined terms used herein shall have the meanings prescribed to these terms in these Terms of Service.

IMPORTANT! THESE TERMS OF SERVICE (“TERMS”) GOVERN YOUR USE OF THE SITE, THE Shadow My Trading COMMUNITY AND THE OTHER Shadow My Trading SERVICES AND YOUR PUBLICATION OF, OR ACCESS TO, ANY Shadow My Trading CONTENT. IF YOU ARE AGREEING TO THESE TERMS ON BEHALF OF YOUR ORGANIZATION, REFERENCES TO “YOU” OR “YOUR” SHALL MEAN YOU, YOUR ORGANIZATION, AND ANY OTHER USER ACCESSING AND USING THE Shadow My Trading SERVICES ON BEHALF OF SUCH ORGANIZATION. BY CLICKING “I AGREE”, DOWNLOADING, USING, CONFIGURING OR ACCESSING THE SITE, THE Shadow My Trading COMMUNITY OR ANY OF THE OTHER Shadow My Trading SERVICES, PUBLISHING OR ACCESSING ANY Shadow My Trading CONTENT OR OTHERWISE SIGNIFYING YOUR ACCEPTANCE OF THESE TERMS, YOU REPRESENT AND WARRANT THAT (A) YOU ARE AUTHORIZED TO ENTER THESE TERMS OF SERVICE FOR AND ON BEHALF OF YOURSELF (AND YOUR ORGANIZATION), AND ARE DOING SO, (B) YOU (AND YOUR ORGANIZATION) CAN LEGALLY ENTER INTO THESE TERMS AND (C) YOU HAVE READ AND UNDERSTAND AND AGREE THAT YOU (AND YOUR ORGANIZATION) AND EACH USER SHALL BE BOUND BY THESE TERMS OF SERVICE AND Shadow My Trading’S PRIVACY POLICY (HTTPS://shadow-my-trading.com/privacy-policy)(THE “PRIVACY POLICY”) AND ALL MODIFICATIONS AND ADDITIONS PROVIDED FOR. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE OR THE PRIVACY POLICY, PLEASE DO NOT USE THE Shadow My Trading COMMUNITY OR ANY OF THE OTHER Shadow My Trading SERVICES.

These Terms contain an Arbitration provision which will, with limited exception, require you to submit disputes you have against Shadow My Trading to binding and final arbitration. You will only be permitted to pursue claims against Shadow My Trading on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding; and you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.

1. ELIGIBILITY.

To access and use the Shadow My Trading Community, the Site and the other Shadow My Trading Services and to publish or access any Shadow My Trading Content, you must be at least 18 years of age. BY READING OR OTHERWISE ACCESSING OR USING THE Shadow My Trading COMMUNITY OR ANY OF THE OTHER Shadow My Trading SERVICES OR PUBLISHING OR ACCESSING ANY Shadow My Trading CONTENT, YOU REPRESENT THAT:

YOU HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE SITE, THE Shadow My Trading COMMUNITY OR ANY OF THE OTHER Shadow My Trading SERVICES;
YOU CONFIRM THAT YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH Shadow My Trading;
YOU WILL COMPLY WITH THESE TERMS AND ALL APPLICABLE LOCAL, STATE, NATIONAL AND INTERNATIONAL LAWS, RULES AND REGULATIONS; AND
YOU ARE NOT A COMPETITOR OF Shadow My Trading AND DO NOT INTEND TO USE THE Shadow My Trading COMMUNITY OR ANY OF THE OTHER Shadow My Trading SERVICES FOR REASONS THAT ARE IN COMPETITION WITH Shadow My Trading OR OTHERWISE TO REPLICATE SOME OR ALL OF THE OTHER Shadow My Trading SERVICES FOR ANY REASON.

2. PRIVACY.

Your privacy is important to Shadow My Trading. Our goal is to make the Shadow My Trading Community and the other Shadow My Trading Services as good, useful and rewarding for you as possible. In order to do that, Shadow My Trading may collect and process information from you when you use the Shadow My Trading Community or any of the other Shadow My Trading Services. Shadow My Trading will collect certain personally identifiable information from you as set forth in more detail in our Privacy Policy. By accessing or using the Shadow My Trading Community or any of the other Shadow My Trading Services, you agree that Shadow My Trading may collect, use and disclose, as set forth in the Privacy Policy, the information you provide when you access and use the Shadow My Trading Community or any of the other Shadow My Trading Services, and in some cases, information that is provided by or through any of the Shadow My Trading Services.

3 Publication of Shadow My Trading Content.

Publication of any Shadow My Trading Content in PROHIBITED.

Any Shadow My Trading Content and other information published in the Shadow My Trading Community is for reference purposes only, is generic in nature, is not intended as individual advice and is not financial or legal advice. All such Shadow My Trading Content and other information is accepted “as is.” We do not warrant the accuracy, completeness or usefulness of the Shadow My Trading Content or this information. Any use of, or reliance you place on, such Shadow My Trading Content or information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on Shadow My Trading Content by you or any other visitor to the Shadow My Trading Community, the Site or any of the other Shadow My Trading Services, or by anyone who may be informed of any of such Shadow My Trading Content or information. Shadow My Trading shall not be obligated to correct or update the Shadow My Trading Content or the Shadow My Trading Community and shall not be liable for omissions, typographical errors, or out-of-date information which may appear in the Shadow My Trading Community or any of the Shadow My Trading Services.

4. LICENSE GRANT; UNAUTHORIZED USE.

4.1 Restrictions on the Right to Use.

Unless otherwise expressly stated in these Terms or you receive Shadow My Trading’s prior written consent, you may not use, reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any Shadow My Trading Content.

Without limitation, you shall not:

Modify copies of Shadow My Trading Content.
Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
Delete or alter any of copyright, trademark or other proprietary rights notices from copies of Shadow My Trading Content.

If you violate any of these restrictions, Shadow My Trading may immediately terminate your right to use and access the Shadow My Trading Community, the Shadow My Trading Content and any of the Shadow My Trading Services. Any use of the Shadow My Trading Community, the Shadow My Trading Content and any of the Shadow My Trading Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.

4.2 Prevention of Unauthorized Use.

Shadow My Trading reserves the right to exercise whatever lawful means it deems necessary to prevent the unauthorized access or use of the Shadow My Trading Community or the Shadow My Trading Content or the circumvention of the other Shadow My Trading Services, including, but not limited to, technological barriers, IP mapping, and directly contacting your Internet Service Provider (ISP) regarding such unauthorized use.

When requesting, accessing or using the Shadow My Trading Community or any of the other Shadow My Trading Services, you may be subject to any additional posted policies, guidelines or rules applicable to the Shadow My Trading Community, the Site and the other Shadow My Trading Services which may be posted from time to time (as modified from time to time, the “Policies”). All such Policies are hereby incorporated by reference into these Terms.

5. MODIFICATION OF THESE TERMS.

Shadow My Trading reserves the right, at its sole discretion, to change, modify, add, or remove portions of these Terms at any time by posting the amended Terms to the Site or any of the other Shadow My Trading Services. If Shadow My Trading updates these Terms, it will update the “last updated” date at the top of the Terms. Please check these Terms, including any Policies, periodically for changes. Your continued use of the Shadow My Trading Community or any of the other Shadow My Trading Services after the posting of changes constitutes your binding acceptance of such changes. In the event of a change to these Terms that materially modifies your rights or obligations (including applicable fees), Shadow My Trading will use commercially reasonable efforts to notify you of such change. Shadow My Trading may provide notice through a pop-up or banner within any of the Shadow My Trading Services, by sending an email to any address you may have used to register for an account, or through other similar mechanisms. Additionally, if the changed Terms materially modify your rights or obligations, Shadow My Trading may require you to provide consent by accepting the changed Terms. If Shadow My Trading requires your acceptance of the changed Terms, changes are effective only after your acceptance. For all other changes, except as stated elsewhere by Shadow My Trading, such amended Terms or fees will automatically be effective, replacing the previously-effective Terms or fees, thirty (30) days after they are initially posted on any of the Shadow My Trading Services. IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY TERMINATE YOUR USE OF ALL Shadow My Trading SERVICES.

To the extent that any modifications to the Terms or Policies are not allowed under applicable laws, the prior most recent version of the Terms or Policies shall continue to apply.

6. DIGITAL MILLENNIUM COPYRIGHT ACT.

We are committed to complying with U.S. copyright and related laws, and we require all of our Contributors and other Users who disseminate content through the Shadow My Trading Community and the other Shadow My Trading Services to comply with these laws. Accordingly, all Contributors and other Users (including you) may not disseminate any material or content using the Shadow My Trading Community or the other Shadow My Trading Services in any manner that constitutes an infringement of third-party intellectual property rights, including rights granted by U.S. copyright law. Owners of copyrighted works who believe that their rights under U.S. copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements. It is our policy in accordance with the DMCA and other applicable laws to reserve the right to terminate the rights of any user to access the Shadow My Trading Community and the other Shadow My Trading Services if any such Contributor or other User is either found to infringe third-party copyright or other intellectual property rights, including repeat infringers, or who we believe, in our sole discretion, are infringing these rights. Upon our receipt of a proper notice of claimed infringement under the DMCA, we will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content in issue.

7. MOBILE AND DATA SERVICES.

You are responsible for any mobile and data charges that you may incur for using the Shadow My Trading Community or any of the Shadow My Trading Services. If you’re unsure what those charges may be, you should ask your service provider before using any of the Shadow My Trading Services.

8. OWNERSHIP; PROPRIETARY RIGHTS.

The Shadow My Trading Community, the Site and the other Shadow My Trading Services are owned and operated by Shadow My Trading. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of the Shadow My Trading Services provided by Shadow My Trading (the “Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Materials contained on the Shadow My Trading Community or any of the other Shadow My Trading Services are the property of Shadow My Trading or its subsidiaries or affiliated companies, Contributors and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to Shadow My Trading or its affiliates and/or Contributors or third-party licensors. Except as expressly authorized by Shadow My Trading, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. Shadow My Trading reserves all rights not expressly granted in these Terms.

Shadow My Trading shall own and have the right to use or act upon any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Shadow My Trading Community, the Shadow My Trading Content or any of the other Shadow My Trading Services without restriction or payment of any kind to you.

9. INDEMNIFICATION.

You agree to indemnify, save, and hold Shadow My Trading its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any third-party claims, losses, damages, or liabilities, including legal fees and expenses, arising out of your use or misuse of the Shadow My Trading Community, the Shadow My Trading Content, the Site or any of the other Shadow My Trading Services, any User Content, any violation by you of these Terms, or any breach of the representations, warranties, and covenants made by you herein. Shadow My Trading reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Shadow My Trading and you agree to cooperate with Shadow My Trading’s defense of these claims. Shadow My Trading will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

10. NO WARRANTIES; DISCLAIMERS.

10.1 No Warranties.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Shadow My Trading AND ITS AFFILIATES, CONTRACTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, THIRD-PARTY PARTNERS, LICENSORS AND SUPPLIERS (COLLECTIVELY, THE “Shadow My Trading PARTIES”) DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED WITH RESPECT TO THE Shadow My Trading COMMUNITY, THE Shadow My Trading CONTENT, THE SITE AND THE OTHER Shadow My Trading SERVICES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, Shadow My Trading PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, THAT THE Shadow My Trading COMMUNITY, THE Shadow My Trading CONTENT, THE SITE OR THE OTHER Shadow My Trading SERVICES, INCLUDING, WILL MEET YOUR REQUIREMENTS OR ACHIEVE ANY INTENDED RESULTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE Shadow My Trading PARTIES OR THROUGH THE Shadow My Trading COMMUNITY, THE SITE OR THE OTHER Shadow My Trading SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

10.2 “As Is” and “As Available” and “With all Faults”.

YOU EXPRESSLY AGREE THAT THE Shadow My Trading COMMUNITY, THE Shadow My Trading CONTENT, THE SITE OR ANY OF THE OTHER Shadow My Trading SERVICES, ANY DATA, ASSESSMENTS, RESULTS, INFORMATION, THIRD-PARTY SOFTWARE, CONTENT, THIRD-PARTY SITE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE Shadow My Trading COMMUNITY OR ANY OF THE OTHER Shadow My Trading SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE”, “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED.

10.3 Shadow My Trading Community Operations and Content.

THE Shadow My Trading PARTIES DO NOT WARRANT THAT THE DATA, RESULTS, CONTENT, FUNCTIONS, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE Shadow My Trading COMMUNITY, THE SITE OR ANY OF THE OTHER Shadow My Trading SERVICES, OR ANY THIRD-PARTY SITE WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.

10.4 Accuracy.

EXCEPT AS SPECIFICALLY PROVIDED IN WRITING BY Shadow My Trading, THE Shadow My Trading PARTIES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY OF THE Shadow My Trading COMMUNITY, THE Shadow My Trading CONTENT AND THE OTHER Shadow My Trading SERVICES OR ANY THIRD-PARTY SITE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

10.5 Harm to Your Computer.

YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN CONTENT, INFORMATION, MATERIALS, ASSESSMENTS, RESULTS OR DATA THROUGH THE Shadow My Trading COMMUNITY OR ANY OF THE OTHER Shadow My Trading SERVICES OR ANY THIRD-PARTY SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.

11. LIMITATION OF LIABILITY AND DAMAGES.

11.1 Limitation of Liability.

UNDER NO CIRCUMSTANCES, INCLUDING, NEGLIGENCE, WILL THE Shadow My Trading PARTIES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE Shadow My Trading COMMUNITY, THE Shadow My Trading CONTENT, THE SITE OR ANY OF THE OTHER Shadow My Trading SERVICES OR ANY THIRD-PARTY SITE, OR ANY OTHER INTERACTIONS WITH Shadow My Trading OR ANY OTHER PARTICIPANT OR CONTRIBUTOR, EVEN IF Shadow My Trading OR A Shadow My Trading AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, Shadow My Trading’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

11.2 Limitation of Damages.

IN NO EVENT WILL THE Shadow My Trading PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO YOUR ACCESS AND USE OF THE Shadow My Trading COMMUNITY, THE Shadow My Trading CONTENT, THE SITE OR ANY OF THE OTHER Shadow My Trading SERVICES OR THESE TERMS, OR YOUR INTERACTION WITH OTHER USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE GREATER OF (A) $25 AND (B) AN AMOUNT EQUAL TO THE FEES (IF ANY) PAID BY YOU DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM.

11.3 Basis of the Bargain.

YOU ACKNOWLEDGE AND AGREE THAT Shadow My Trading HAS OFFERED THE Shadow My Trading COMMUNITY, THE Shadow My Trading CONTENT, THE SITE AND THE OTHER Shadow My Trading SERVICES, SET ITS PRICES, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND Shadow My Trading, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND Shadow My Trading. Shadow My Trading WOULD NOT BE ABLE TO AUTHORIZE YOU TO ACCESS AND USE OF THE Shadow My Trading COMMUNITY, THE Shadow My Trading CONTENT OR ANY OF THE OTHER Shadow My Trading SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.

11.4 Limitations by Applicable Law.

CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THESE TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE YOU ARE LOCATED.

12. MISCELLANEOUS.

12.1 Notice.

Shadow My Trading may provide you with notices, including those regarding changes to these Terms, by email, regular mail or postings on any of the Shadow My Trading Services. Notice will be deemed given twenty-four hours after the email is sent, unless Shadow My Trading is notified that the email address is invalid. Alternatively, Shadow My Trading may give you legal notice by mail to a postal address, if provided by you through any of the Shadow My Trading Services. In such case, notice will be deemed given three days after the date of mailing. Notices posted on any of the Shadow My Trading Services are deemed given 30 days following the initial posting.

12.2 Waiver.

The failure of Shadow My Trading to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Shadow My Trading.

12.3 Dispute Resolution.

If a dispute arises between you and Shadow My Trading, the goal is to provide you with a neutral and cost-effective method of resolving the dispute quickly. Accordingly, you and Shadow My Trading agree that any dispute, claim or controversy at law or equity that arises out of these Terms, the Shadow My Trading Community, the Site, or the other Shadow My Trading Services (a “Dispute”) will be resolved in accordance with this Section 20.3 or as Shadow My Trading and you otherwise agree in writing. Before resorting to these dispute methods, Shadow My Trading strongly encourages you to first contact Shadow My Trading directly to seek a resolution.

(a) Choice of Law. These Terms shall be governed in all respects by the laws of the State of Texas, without regard to its conflict of law provisions. EACH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL ACTION, PROCEEDING, CAUSE OF ACTION OR COUNTERCLAIM ARISING OUT OF OR RELATING TO ANY DISPUTE OR OTHERWISE IN CONNECTION WITH THESE TERMS OR ANY OF THE Shadow My Trading SERVICES.

(b) Arbitration and Class Action Waiver.

PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS.

(i) ARBITRATION. YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND Shadow My Trading (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) IN CONNECTION WITH THESE TERMS OR ANY OF THE Shadow My Trading SERVICES, INCLUDING WITHOUT LIMITATION YOUR RIGHTS OF PRIVACY WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION’S RULES FOR ARBITRATION AND YOU AND Shadow My Trading HEREBY EXPRESSLY WAIVE TRIAL BY JURY. ANY ARBITRATION SHALL BE IN ENGLISH AND THE PLACE OF ARBITRATION SHALL BE DALLAS, TEXAS. YOUR ARBITRATION FEES AND YOUR SHARE OF ARBITRATOR COMPENSATION SHALL BE GOVERNED BY SUCH RULES. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND Shadow My Trading WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. YOU MAY BRING DISPUTES ONLY ON YOUR OWN BEHALF.

Neither you nor Shadow My Trading will participate in a class action or class-wide arbitration for any disputes covered by these Terms to arbitrate. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST Shadow My Trading INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if Shadow My Trading is a party to the proceeding.

This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms.

(ii) Judicial Forum for Disputes. In the event that the agreement to arbitrate under Section 12.3(b) is found not to apply to you or your claim, you and Shadow My Trading agree that any judicial proceeding (other than small claims actions) must be brought solely and exclusively in, and will be subject to the service of process and other applicable procedural rules of, the federal or state courts covering Houston, TX. Both you and Shadow My Trading irrevocably consent to venue and personal jurisdiction there. Notwithstanding the foregoing, Shadow My Trading may bring a claim for equitable relief in any court with proper jurisdiction.

(iii) Survival. This arbitration agreement will survive the termination of your use of the Shadow My Trading Community or any of the other Shadow My Trading Services or your relationship with Shadow My Trading.

(c) 30 Day Right to Opt-Out. You have the right to opt-out and not be bound by the arbitration provisions set forth in this Section 12.3 above by sending written notice of your decision to opt-out to support@Shadow My Trading.com. The notice must be sent to Shadow My Trading within thirty (30) days of your use of any of the Shadow My Trading Services or agreeing to these Terms, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those sections. If you opt-out of these arbitration provisions, we also will not be bound by them.

(d) Improperly Filed Claims. All claims you bring against Shadow My Trading must be resolved in accordance with this Section 12.3. All claims filed or brought contrary to this Section 12.3 shall be considered improperly filed. Should you file a claim contrary to this Section 12.3, Shadow My Trading may recover attorneys’ fees and costs up to $15,000, provided that Shadow My Trading has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

(e) Prevailing Party. In the event that either party institutes any legal suit, action or proceeding against the other party arising out of or relating to these Terms, the Privacy Policy, or any of the other Shadow My Trading Services, the prevailing party in the suit, action or proceeding shall be entitled to receive in addition to all other damages to which it may be entitled, the costs incurred by such party in conducting the suit, action or proceeding, including reasonable attorneys’ fees and expenses and court costs.

(f) Limitation on Time to File Claims. ANY CAUSE OF ACTION OR DISPUTE YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS, THE PRIVACY POLICY, ANY OF THE Shadow My Trading SERVICES OR YOUR RELATIONSHIP WITH Shadow My Trading MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR DISPUTE IS PERMANENTLY BARRED.

12.4 Severability.

If any provision of these Terms (including any Policies) is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.

12.5 Assignment.

These Terms and related Policies, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Shadow My Trading without restriction. Any assignment attempted to be made in violation of these Terms shall be void.

12.6 Survival.

Upon termination of these Terms, your use of the Site, any of the other Shadow My Trading Services or your relationship with Shadow My Trading any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, Sections 1, 2, 4.1 and 5 – 12.

12.7 Headings.

The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.

12.8 Entire agreement.

These Terms, together with the Privacy Policy and the Policies, are the entire agreement between you and Shadow My Trading relating to the subject matter herein and will not be modified except by a change to these Terms or Policies made by Shadow My Trading as set forth in Section 5 above.

12.9 No Agency.

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.

12.10 Geographic Restrictions.

Shadow My Trading is based in the state of Texas in the United States. Shadow My Trading makes no claims that accessing or using or that any of the Shadow My Trading Services or any of the content is accessible or appropriate outside of the United States. Accessing or using the Shadow My Trading Community, the Site or any of the other Shadow My Trading Services may not be legal by certain persons or in certain countries. If you access any of these Shadow My Trading Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Shadow My Trading with respect thereto.

12.11. Electronic Communications

The communications between you and Shadow My Trading use electronic means, whether you visit the Site or the other Shadow My Trading Services or send Shadow My Trading e-mails, or whether Shadow My Trading posts notices on the Site or the other Shadow My Trading Services or communicates with you via e-mail. For contractual purposes, you (a) consent to receive communications from Shadow My Trading in an electronic form; and (b) agree that all terms, conditions, agreements, notices, disclosures, and other communications that Shadow My Trading provides to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. The foregoing does not affect your statutory rights.

20.13 Disclosures.

The Shadow My Trading Community, the Site and the other Shadow My Trading Services are offered by Leemount Trading S.A., 1900 W. Gray # 132015, Houston, TX 77019 and email: support@Shadow My Trading.com.

If you are a California resident, you may have this same information emailed to you by sending a letter to Leemount Trading S.A., at 2 Grigori Afxentiou Street, 4003 Limassol, Cyprus. with your email address and a request for this information.

California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.