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The ShadowTrader website (the “Site) and its owner (“we”, “us”), collectively known as the “ShadowTrader Technologies”, provide the Site and our newsletters and other e-mail communications (collectively the “Content”) to you, an individual user (“you”), for your individual usage subject to compliance with the terms and conditions set forth herein.
By accessing the website known as the ShadowTrader site, located at https://www.shadowtrader.net, or subscribing to or using any of our newsletters, or otherwise accessing or using any of our Content, you are signifying your acceptanceWhen the market profile begins to build out or develop in a certain area, it is said that the market is accepting those prices. This can be measured either in time spent or amount of volume that is transacted. It is generally understood that ShadowTrader defines acceptance as more of a time dynamic than a volume one. A good rule of thumb is to look for at least two TPO periods to print in the accepted area. The acceptance confirms that a significant amount of market participants are transacting at those levels. Acceptance is the opposite of rejection. More of our Terms and Conditions and your agreement to be legally bound by them. If you do not agree to the Terms and Conditions contained in the TOU, we do not consent to provide you with access to our Content, and you should cease accessing or using our Content.
We reserve the right to change the Terms and Conditions at any time. Your continued accessing or usage of our Content will be deemed as your acceptanceWhen the market profile begins to build out or develop in a certain area, it is said that the market is accepting those prices. This can be measured either in time spent or amount of volume that is transacted. It is generally understood that ShadowTrader defines acceptance as more of a time dynamic than a volume one. A good rule of thumb is to look for at least two TPO periods to print in the accepted area. The acceptance confirms that a significant amount of market participants are transacting at those levels. Acceptance is the opposite of rejection. More of any such modified Terms and Conditions.
Terms And Conditions
No Investment Advice
You acknowledge that the Content is for informational purposes only and should not be construed as investment advice or a recommendation that you, or anyone you advise, should sell or buy any security or other investment, or undertake any investment strategy, discussed or evaluated on the Site or in other Content. Moreover, if an investment firm or financial services firm is described or mentioned in our Content, you acknowledge that such description or mention does not constitute a recommendation by us that you engage or otherwise use such firm.
While the Content comprises information, research and data about particular securities and other investments, you shall not construe such Content as constituting representations on our part that any security, other investment or investment strategy is suitable for you, or for anyone you advise. In this regard, you acknowledge that not all securities, other investments or investment strategies are suitable for all investors.
In view of the foregoing, you acknowledge and agree that, prior to executing any trades, you will make your own independent verification of financial information and evaluation of the investment merits and suitability for you, or anyone you advise, of the securities, other investments or investment strategies, that may be presented, evaluated or discussed within our Content. You further agree that you will not use any of the Content for or in connection with making tax, legal or accounting decisions, or advising others regarding tax, legal or accounting matters.
Nothing contained in the Content should be considered a recommendation or advice to purchase or sell any security or other investment, or to undertake a particular investment strategy.
The Content on the Site has been carefully compiled from sources which we believe to be accurate and reliable. However, we make no claims, representations or warranties as to the accuracy, completeness, timeliness, reliability or truth of any of the material comprising the Content. The Content is presented without any express or implied warranties of any kind whatsoever. Simply stated, the Content available on our Site is provided on an “As Is” basis.
We and our “Content Providers” (as hereinafter defined) disclaim any obligation (i) to update the Content in any way after the date of publication, or (ii) to provide to you information that reflects circumstances that may have changed, or new information that may have been acquired, thereafter relating to the Content, notwithstanding that such updated information or changed circumstances might have a material effect on any security, other investment or investment strategy presented in the previously published Content.
The Content will contain or reflect the opinions, judgments and analyses of ShadowTrader (ShadowTrader Technologies) and other parties who provide Content to us (collectively “Content Providers”) with respect to securities, other investments and investment strategies. We disclaim any responsibility for any portion of the Content which is received from or created by Content Providers including, without limitation, reports of news, analyses, research or other data. In this regard, you acknowledge that the mere fact that we may publish the opinions, judgments or analyses of Content Providers does not in and of itself make such opinions, judgments or analyses ours, nor render us liable for any errors, omissions, inaccuracies or negligence with respect thereto.
Any opinion, judgment or analysis of a Content Provider who is quoted or otherwise reflected in the Content on our Site shall be understood to be the opinion, judgment or analysis of that person alone, and not that of any firm which employs such person or with whom such person may be affiliated. It is acknowledged that other persons employed by or affiliated with such firm may have entirely different opinions, judgments or analyses with respect to the same subject.
The Content is provided to you for “informational and educational” purposes only and any discussion of past performance of any security, other investment or investment strategy “should not” be considered as being indicative or a guarantee of future performance. The price and value of securities referred to in our Content for informational and education purposes will fluctuate. Loss of all of the original capital invested in a security discussed in our Content may occur. Certain transactions, including those involving futures, options, and other derivatives, give rise to substantial risk and are not suitable for all investors. You acknowledge that you understand and agree that, due to many factors over which neither we nor our independent Content providers have control, actual and subsequent events, performances and/or outcomes may differ substantially from any estimates, projections or predictions that might have been made in the Content of our Site.
Our Content creators, officers, directors, employees, and/or principals (collectively “Related Persons”) may have positions in and may, from time to time, make purchases or sales of the securities or other investments discussed or evaluated on the Site.
You are hereby advised that Related Persons and Content Providers on the Site, whose opinions, judgments and analyses of particular securities or other investments are discussed or reflected in the Content, may serve as officers or directors of companies that are issuers of such securities or other investments.
Links to Third-Party Web Sites
For information and reference only, the Content may provide links to the external websites of other parties. We will provide such links only as a convenience to you, with your understanding that we have not verified the accuracy, truth, reliability or timeliness of any information found at such other web sites. The fact that we have provided a link to another web site should not be construed as our endorsement of such web site or its contents. You acknowledge that you understand, and you agree to assume, the risks associated with using any information found on the Internet. You further acknowledge that such other web sites are not under our control and that we make no representations or warranties whatsoever about any other web sites which you may access through our Site or Content. Accordingly, you agree that we will not be held responsible or liable for any damages or losses you may suffer as a result of your use or reliance upon any of the contents, advertising, products, or other materials found on such other web sites.
Disclaimer of Warranties and Limitation of Liability
THE SHADOWTRADER SITE and NEWSLETTERS, ITS DIRECTORS, OFFICERS, EMPLOYEES AND PRINCIPALS, AS WELL AS CONTENT PROVIDERS, DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO (1) THE MERCHANTABILITY, QUALITY, ACCURACY, RELIABILITY, COMPLETENESS, FITNESS FOR ANY PARTICULAR PURPOSE OR TIMELINESS OF THE CONTENT OF OUR SITE; OR (2) ANY CIRCUMSTANCE ARISING FROM A COURSE OF DEALING OR USAGE IN TRADE; OR (3) VIRUS-FREE, ERROR-FREE, UNINTERRUPTED ACCESS TO THE SITE; OR (4) THE RESULTS THAT YOU MAY OBTAIN FROM YOUR ACCESS TO THE SITE AND USE OF THE CONTENT THEREON.
TO THE EXTENT THE LAW DOES NOT PERMIT THE DISCLAIMER OF WARRANTIES, EXPRESS OR IMPLIED, ALL CONTENT ACCESSIBLE ON OUR SITE, OR ANY OTHER PARTY’S WEB SITE TO WHICH WE LINK, ARE WARRANTED ONLY TO THE MINIMUM AMOUNT OR DEGREE LEGALLY REQUIRED OR PERMITTED.
YOU HEREBY EXPRESSLY AGREE THAT ACCESS TO OUR SITE IS AT YOUR OWN RISK, AND THAT YOU ASSUME THE RISK OF HAVING TO INCUR COSTS FOR SERVICING, REPAIR, REPLACEMENT OR CORRECTIONS THAT MAY BE NECESSARY FOR YOUR COMPUTER OR SOFTWARE AS A RESULT OF ANY VIRUSES, ERRORS OR OTHER PROBLEMS OF ANY KIND THAT YOU MAY HAVE EXPERIENCED ATTRIBUTABLE TO YOUR ACCESSING OUR SITE.
By accessing the Content, you agree that you will bear full responsibility for your own investment research and decisions. You agree that the ShadowTrader site and Content provided, as well as related persons and content providers, will under no circumstances be liable to you or any other party for any damages, injuries or losses, including any lost profits, direct, indirect, special, incidental, exemplary, punitive or consequential damages, injuries or losses of any kind resulting from your use or downloading of any of the Content, or on any third-party web site linked to the Content, including, without limitation, any damages, injuries or losses resulting from any investment decision made or action taken by you or others based upon any of the Content, or that of any third-party web site linked to the Content. The foregoing negation of liability encompasses, but is in no way limited to, damages, injuries, and losses caused in whole or in part by the negligence of the ShadowTrader site and Content, related persons and/or content providers, or by events beyond the control of any of the foregoing in creating or delivering any of the Content.
Intellectual Property Rights in Content and Site
All of the Content is protected by United States and international copyright laws and is the property of ShadowTrader Technologies, LLC. and the Content Providers thereof. The United States Copyright Act imposes liability of up to $150,000 for each act of willful infringement of a copyright.
We are providing you with access to the Site and the Content thereon for your individual use only. We grant you the right to download the Content to your computer, and to store and print out materials therefrom for your individual use only. Any other reproduction, republication, transmission, dissemination, display or editing of the Content by any means, mechanical or electronic, without the prior written permission of ShadowTrader Technologies, LLC. or the Content Providers, as the case may be, is strictly prohibited. You do not acquire ownership rights of any kind whatsoever by virtue of your downloading the copyrighted Content.
You agree that you will not remove any copyright, trademark or other notices or legends contained in our Content relating to intellectual property, or otherwise.
You hereby agree to indemnify and hold ShadowTrader Technologies, LLC., all Related Persons and Content Providers harmless from and against any and all actions, claims, proceedings, penalties, losses, liabilities, damages, costs and expenses including, without limitation, reasonable legal fees, and professional and expert fees and costs, arising directly or indirectly from or related to (i) your material breach of any of the Terms and Conditions of this Agreement; (ii) your access to and/or use of our Site or its Content; (iii) your violation of any of our intellectual property rights, or the rights of Content Provider; or (iv) your access to the Site and/or use of the Content in violation of any applicable law, rule or registration.
Neither our Site nor its Content has been approved by any governmental agency or instrumentality, or by any self-regulatory organization. ShadowTrader Technologies, LLC. does not act as an investment advisor and is not registered as a broker-dealer with the SEC or any state securities authority, and nothing contained in our Site or other Content shall be construed as an offer or solicitation to buy or sell any securities or other investments.
This Agreement represents the entire statement of the agreement between you and us regarding your rights to access our Site and to use the Content, and supersedes any other agreements or understandings, written or oral, relating to the above-noted subject matter.
You further acknowledge your understanding that our Site and Content is in no way intended to be a solicitation for money management services.
Should any term or provision of this Agreement be deemed or held to be invalid or unenforceable, the remaining terms and provisions will continue in full force and effect.
Our failure to insist at any time upon strict compliance with any term of this Agreement, or any delay or failure on our part to exercise any power or right given to us in this Agreement, or a continued course of such conduct on our part, will at no time operate as a waiver of such power or right, nor will any single or partial exercise preclude any other future exercise of our rights.
All rights and remedies given to us in this Agreement are cumulative and not exclusive of any other rights or remedies which we otherwise have at law or equity.
This Agreement will be binding upon you and your executors, heirs, successors and assigns.
Any and all headings in the text of this Agreement are solely for convenience and reference, and do not constitute a part of this Agreement; nor shall they be construed to affect the meaning, construction or legal effect of this Agreement.
Last updated June 22, 2015
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