COOLTRADEAI
TERMS
AND CONDITIONS
Important. It is recommended that
you carefully read these terms and conditions of use (the
"agreement") that shall govern your access to and use of the CoolTradeAI online service (the “service”) and financial
tools (the “tools”). If you are executing this agreement on behalf of a
company, you represent that you have the authority to bind the company to this
agreement. If you do not have such authority, or if you do not understand,
accept and agree with all of the terms and conditions of this agreement, you
will not be granted further access to the service and tools and may not use the
service in any manner. You must accept the terms of this privacy policy in
order to access CoolTradeAI content.
BP Technologies, LLC. may change these
Terms of use at any time without notice. Changes will be posted at https://ActiveTradingTechnologies.com/CoolTradeAI/Terms.htm.
Your use of the web site after any
changes have been posted will constitute your agreement to the modified Terms
of Use and all of the changes. Therefore, you should read these Terms of Use
from time to time for changes.
I Agree with ALL these Terms and Conditions |
Terms and Conditions of Purchasing CoolTradeAI
☑ I am at least 18 years old.
☑ I understand that this is not
a free trial download. CoolTradeAI™ cannot and does
not offer free trials for the downloadable version of the software.
☑ I understand that due to
non-reimbursable costs to the company to set up a CoolTradeAI™
account, CoolTradeAI does not issue subscription
refunds.
☑ I understand
and agree that if I cancel after downloading, my subscription fee is
non-refundable except as required by applicable law, and I may use the software
until my subscription expires.
☑ I understand that this
no-refund policy applies even if the subscription order occurs on a weekend or
holiday.
☑ I understand that because of
this no-refund policy I have taken care to make sure that I understand the
hardware and hardware set-up needs indicated here below.
☑ I understand that use of CoolTradeAI™ software requires a minimum of 8GB RAM, and that CoolTradeAI recommends at least 16 GB with an I7 processor.
☑ I understand that CoolTradeAI™ software requires taking control of much of my
computer's RAM, and that to execute trades optimally it should not be
interrupted by other programs running on the same computer.
☑ I understand that CoolTradeAI™ software may interfere with my use of other
programs while CoolTradeAI™ is operating. So I
understand that it is best to use CoolTradeAI™ on a
separate computer dedicated to its use.
☑ I understand that CoolTradeAI™ software only runs on Windows 2000 and above,
including XP, Vista, Windows 7, Windows 8, and Windows 10.
☑ I understand that CoolTradeAI™ software does not operate on Apple computers.
☑ I understand that CoolTradeAI™ software does not work with "pink
sheet" stocks, penny stocks, commodities, futures, options, etc, but only with widely traded stocks on certain major
stock exchanges.
☑ I understand that CoolTradeAI™ software only works for stocks and ETFs traded
on the NYSE, NASDAQ, and AMEX, (over 8000 symbols).
☑ I understand that I can check
if a stock trades using CoolTradeAI™ software by
going to the CoolTradeAI website and entering the
symbol on "How did your stocks do?" to see
if data is returned. If no data is returned, then that particular stock symbol
will not work with CoolTradeAI™ software.
☑ I understand that for live
brokerage accounts CoolTradeAI™ software only works
with the trading partners (online brokers) listed on the CoolTradeAI
website.
☑ I understand that although the
affiliated brokers may trade many different kinds of securities or commodities,
CoolTradeAI™ software only trades in the securities
referred to above.
☑ I understand that CoolTradeAI™ does not make buy, sell, or hold
recommendations.
☑
I understand that CoolTradeAI™ does not make guarantees of
profitability from usage of the CoolTradeAI software.
☑
I understand that the default
strategies provided are for simulation and testing only.
☑
I understand that CoolTradeAI cannot make my custom strategies
or any other strategies profitable.
☑
I understand that if I run CoolTradeAI™ software
outside of the USA I must change the Windows?Control
Panel ?Regional / Language setting to "English (United States)."
☑ I understand that CoolTradeAI™ software requires my computer to have the same
DATE setting as New York during market hours. The calendar date must be the
same.
☑ I understand that CoolTradeAI™ software only trades the market during regular
market hours. It does not trade on weekends, exchange holidays, or market after
hours.
☑ I understand CoolTradeAI™ software support is only available in English
through email. If the tech needs to talk
or connect to your computer it is at the tech’s discretion.
☑ I understand that instructions
for download and set up are included with my software order, and also on this
website even before I order. However, if I want live support assistance, I
understand that it must be pre-scheduled after I order, and sometimes may not
be available for up to two business days after I make my request.
☑
I understand that the CoolTradeAI software runs in
STEALTH mode, thus hiding orders or price goals from public view, and therefore
does not submit Limit Orders ahead of time. The software only submits market
orders after the price targets have been reached.
☑ I understand that CoolTradeAI™ licenses are for personal, non-commercial use only.
☑ I confirm that this license is not to be used for commercial business purposes. Businesses must contact support@pajamatrade.com for business pricing and usage terms.
☑ I understand that if I am a professional stock trader[i] I should contact CoolTradeAI™ at support@pajamtrade.com for the business license rate.
☑ I understand that any transfer of ownership will incur a $500
(per license year) fee. For example, if
I wish to transfer an account with 2 years remaining on the license then I will
pay CoolTradeAI a $500 X 2 = $1000 transfer fee.
☑ I understand that Independent
(sales) Associates are independent, and are not employees, agents, or
representatives of CoolTradeAI, and that their
activities are not directly controlled or governed by CoolTradeAI.
CoolTradeAI does not honor claims made by any
Independent Associate other than those confirmed on CoolTradeAI's
official websites or literature. If I have had any concerns or doubts about
claims made by an Independent Associate, I have had the opportunity to verify
them through direct reading of the official literature, or by contacting CoolTradeAI's sales support office.
☑ I have been presented with
many scenarios above which may be reasons to want to cancel my CoolTradeAI™ subscription. Even if I have another reason I
acknowledge that I am NOT entitled to a refund of any subscription fee already
paid.
☑ I acknowledge that CoolTradeAI neither gives financial advice, on any security
or class of securities, nor buy or sell advice, nor specific strategy advice
relating to my particular situation.
☑I
understand when connecting with a Broker, additional fees might be incurred by
the Broker. I should consult with the
Broker for clarification and understanding of all account fees before opening a
Brokerage Account.
☑ I confirm my clear
understanding that all presentations or discussions I have overheard, or have
had or will have with CoolTradeAI support staff or
independent associates are to assist me in simulated trading to help me
understand use of CoolTradeAI™ software, and that
when I open a live trading account I will not in any way rely on their
illustrations or suggestions as investing or trading advice.
1. Privacy Policy:
CoolTradeAI's privacy policy describes how CoolTradeAI
treats your personal details information that is collected when you visit the CoolTradeAI web site. Our detailed Privacy Policy can be
viewed by clicking here. For many services, CoolTradeAI requires registration. Information is required
for account set-up and to enable us to provide the maximum quality of service.
Member contact information is used to send information about our company and
promotional materials sent from CoolTradeAI. We may
contact customers for customer satisfaction surveys, payment related issues,
and product needs related issues. We may use this information to help answer
your request or fulfill your order. We may also use this information to improve
our services, to inform you of additional products or services that may be of
interest to you, for marketing purposes, and other internal purposes. For
administrative purposes, we may provide information to third-parties from whom CoolTradeAI may license content to enhance our products and
services. CoolTradeAI does not, under any
circumstances, sell, trade or rent your personal details to any third party. CoolTradeAI cannot be held responsible for the content or
the privacy policies of external web-sites to which we may link.
2. Information This Privacy Policy
Does Not Apply to:
This privacy policy does not apply
to information collected about you by anyone except CoolTradeAI.
Any information you provide when you visit web sites other than http://CoolTradeAI.com
and https://ActiveTradingTechnologies.com or when you purchase any products or
services that may be offered or advertised on http://CoolTradeAI.com by
companies other than CoolTradeAI is subject to the
privacy policies of the third party organizations who run and/or own these web
sites.
3. Intellectual Property:
This service, including but not
limited to text, content and graphics, is protected by copyrights, trademarks,
service marks, international treaties, and/or other proprietary rights and laws
of the U.S. and other countries. The Service is also protected as a collective
work or compilation under U.S. copyright and other laws and treaties. All
individual articles, columns, and other elements making up the Service are also
copyrighted works. You agree to abide by all additional copyright notices or
restrictions contained in the financial data provided.
4. Information From
Third Party Sources:
CoolTradeAI may on occasion combine information we receive online with
information we have obtained through third party sources to enhance our ability
to market those products or services that may be of interest to you.
5. Web Site Usage Information:
CoolTradeAI automatically collects IP addresses and web site usage
information from you when you visit the http://CoolTradeAI.com web site. This
information helps us evaluate how our users navigate and use our web site. CoolTradeAI may share or disclose personal information
about you to other companies or individuals when:
5.1) we have
your consent to share the information
5.2) we
utilize third party service providers to provide products, services or
functions on our behalf (such as sending emails or processing credit cards),
and require these service providers to agree to maintain the confidentiality of
your personal information and not to use your personal information for any
reason except to carry out the purpose(s) for which we hired them
5.3) we need
to protect our legal rights (for example, if we are trying to collect money you
owe us or we are trying to enforce our Subscription Agreement or other
agreement with you)
5.4) we must
comply with applicable laws, regulations, or legal or regulatory process; or
5.5) in
connection with a sale, merger, transfer, exchange, or other disposition
(whether of assets, stock, or otherwise) of all or a portion of the CoolTradeAI business.
6. Restrictions on Use:
Are you using this product for
individual benefit?
You agree to use the financial data
solely for your own noncommercial use and benefit, and not for resale or other
transfer or disposition to, or use by or for the benefit of, any other person
or entity.
Are you using this product for
commercial use on behalf of a commercial entity (Corporation, LLP, LLC, S Corp
etc.,)?
You agree to use the financial data
solely for the agreed upon use as designated by you above and benefit, and not
for resale or other transfer or disposition to, or use by or for the benefit
of, any other person or entity.
You may not use the data provided
for any illegal purpose or in any manner inconsistent with the terms.
You agree not to use, transfer,
distribute, or dispose of any information contained in the Service and/or tools
in any manner that could compete with the business of BP Technologies, LLC.
You acknowledge that the financial
data has been developed, compiled, prepared, revised, selected and arranged by CoolTradeAI and others (including certain other information
sources) through the application of scientific methods and standards of
judgment developed and applied through the expenditure of substantial time,
effort and money and constitutes valuable intellectual property and trade
secrets of CoolTradeAI.
You agree to protect the proprietary
rights of CoolTradeAI during and after the term of
this agreement and to comply with all reasonable written requests made by CoolTradeAI or its suppliers of content, equipment or
otherwise to protect their and others' contractual, statutory and common law
rights.
You agree to notify CoolTradeAI in writing promptly upon becoming aware of any
unauthorized access or use of the financial data by any party.
An account is required for you to
access and use the Service and/or tools, which may be accessed and used only by
those authorized individuals who are registered with CoolTradeAI.
To open an account, you must complete the registration process by providing CoolTradeAI with current, complete and accurate information
as prompted by the registration form. In doing so, you represent that you are
authorized to create and access an account established on behalf of the
business entity indicated in the registration process. Should CoolTradeAI suspect that such information is untrue,
inaccurate, not current or incomplete, CoolTradeAI has
the right to suspend or terminate your usage of the Service. Accounts are
non-transferable and cannot be “shared” or used by more than one individual or
entity. Following your acceptance of this Agreement and your return to the
registration page of the Service, you will be prompted to complete the initial
registration and payment steps. Once you have become an authenticated user, you
will be given one or more personal, non-transferable passwords. You are and
will be responsible for maintaining the confidentiality of that password, for
all activities conducted on and with the Service and/or tools that make use of
that password, and for any usage charges incurred by the use of that password,
including any use that you may subsequently contend was not unauthorized by
you.
CoolTradeAI reserves the right to refuse service and usage of the
software to any person or entity when it is deemed by the company that said
usage could potentially harm the company materially or financially.
7. Further Restrictions on Use:
You may not copy, reproduce,
recompile, reverse engineer, distribute, publish, display, modify, transmit, or
in any way exploit any part of the data, except that you may download or make
one print copy of this service for your own personal, non-commercial use,
provided that all copyright and other proprietary notices are retained. The
data included in CoolTradeAI may not be recirculated,
redistributed or published without prior written consent from CoolTradeAI. Modification of the content is a violation of CoolTradeAI copyright. No part of this data may be offered
for sale or redistributed unless specifically authorized in writing.
8. License:
You acquire absolutely no rights or
licenses in or to the financial data and materials contained therein other than
the limited right to utilize the same in accordance with the terms. Should you
choose to download content, you must do so in accordance with the terms. Such
download is licensed to you by CoolTradeAI only for
your own personal, noncommercial use in accordance with the terms and does not
transfer any other rights to you.
9. Links to Third Party Sites:
The Service may contain links to
third-party web sites not under the control or operation of CoolTradeAI.
CoolTradeAI provides these links only for
convenience, and does not endorse or sponsor these web sites. CoolTradeAI is not responsible for the contents of any
linked sites or sites linked with any linked site.
10. Requirements:
You agree that you are responsible
for obtaining and maintaining all computer hardware, software, communications
equipment, and access lines necessary to access the Service and/or tools. You
shall bear all costs and expenses associated with such materials as well as
your rights and obligations under this Agreement and the Service.
11. Rights Reserved:
All present and future rights in and
to trade secrets, patents, copyrights, trademarks, service marks, know-how and
other proprietary rights of any type under the laws of any governmental
authority, domestic or foreign, including rights in and to all applications and
registrations shall, as between you and CoolTradeAI,
at all times be and remain the sole and exclusive property of CoolTradeAI. You must treat the data files like any other
copyrighted material (such as a book) except that you may make copies of the
data files solely for backup purposes, and transfer the data files to hard
disks provided that the data files are used as specified in this Agreement.
Through the Service and/or tools, you will be permitted to view, print and
download certain information and materials owned by CoolTradeAI
except as specifically permitted by the terms, you may not copy or make any use
of the financial data or any portion thereof. Except as specifically permitted
herein, you shall not use the trademarks, trade names, service marks, trade
dress, logos or titles of CoolTradeAI, or the names
of any individual participant, or contributor, or any variations or derivatives
thereof, for any purpose, without CoolTradeAI's prior
written approval.
12. Disclaimer:
You agree that your use of the
financial data is at your sole risk. You acknowledge that the service is
provided for information purposes only and is not intended for trading
purposes. YOU ACKNOWLEDGE THAT COOLTRADEAI IS NOT A BROKER OR INVESTMENT
ADVISOR AND DOES NOT MAKE BUY, SELL, OR HOLD RECOMMENDATIONS. The service
includes information taken from the company’s annual and quarterly reports, New
York Stock Exchange, American Stock Exchange, NASDAQ and other sources, CoolTradeAI does not guarantee the sequence, accuracy,
completeness or timeliness of the service and the provision of certain parts of
the service is subject to the terms and conditions of other agreements to which
CoolTradeAI is a party. Information is obtained by CoolTradeAI from sources it believes to be reliable.
However, because of possible human or mechanical error by CoolTradeAI
or its sources, CoolTradeAI cannot guarantee the
accuracy, adequacy or completeness of any information and is not responsible
for any errors or omissions or for results obtained from use of such
information. Accordingly, anything to the contrary herein set forth
notwithstanding, CoolTradeAI, its officers and
employees, general partner, affiliates, subsidiaries, successors and assigns,
suppliers and its third-party agents shall not, directly or indirectly, be
liable, in any way, to you or any other person for any inaccuracies or errors
in or omissions from the Service including, but not limited to, quotes and
financial data, abstracts, delays, errors or interruptions in the transmission
or delivery of the Service or any loss or damage arising there from or
occasioned thereby, or by any reason of nonperformance.
13. Limitation of Liability:
Under no circumstances, including
but not limited to negligence, shall CoolTradeAI, its
suppliers and its third party agents be liable to you for direct, indirect,
incidental, consequential, special, punitive or exemplary damages even if a CoolTradeAI authorized representative has been advised
specifically of the possibility of such damages, arising from use of or
inability to use the service or any provision of the terms, such as, but not
limited to, loss of revenue or anticipated profits or lost business. Applicable
law may not allow the limitation or exclusion of liability or incidental or
consequential damages. In no event shall CoolTradeAI's
total liability to you for all damages, losses, and causes and action (whether
in contract or tort, including but not limited to negligence) exceed the amount
paid by you, if any, for accessing this site.
14. Indemnification:
You agree, at your own expense, to
indemnify, defend, and hold harmless CoolTradeAI, and
its employees, representatives, Suppliers, and agents, against any claim, suit,
action, or other proceeding brought against CoolTradeAI,
its employees, representatives, suppliers, and agents, by a third party, to the
extent that such claim, suit, action or other proceeding brought against CoolTradeAI, its employees, representatives, suppliers, and
agents is based on or arises in connection with the financial data.
15. Fees and Renewals:
Payment of the applicable
subscription fee is due in advance of the subscription period you select.
Subscription fees will be billed automatically at the beginning of your
subscription period to the credit card designated by you during the
registration process (or subsequently changed). All fees and charges are
nonrefundable. Your subscription will continue and will renew automatically
unless terminated by CoolTradeAI in accordance with
this agreement or unless you notify us of your decision to cancel your renewal. The appropriate monthly, annual or
other periodic fee for your subscription will be billed automatically at the
beginning of each renewal period to the credit card designated by you during
the registration process (or subsequently changed) unless you cancel your
subscription before the relevant renewal period begins. You agree to pay all
fees and charges incurred in connection with your username and password
(including applicable taxes) at the rates in effect when the charges were
incurred. CoolTradeAI may change the fees or charges
for use of the site or any portion thereof. Any change to the fees or charges
for use of the site during your existing subscription period will become
effective at the beginning of the first renewal period following notice of such
change. You hereby agree to accept notices of any change of fees or charges by
the posting of such information on the site or by email, as determined by CoolTradeAI in its sole discretion.
16. Recovery of Expenses:
CoolTradeAI shall have the right to recover from you all reasonable
expenses incurred in connection with collecting overdue amounts, including, but
not limited to reasonable collection costs and attorney's fees.
17. Termination:
CoolTradeAI may terminate this agreement and your use of the Service at
any time, with or without cause. Your cancellation will be effective either immediately or at
the end of your current subscription period. All fees and charges
are nonrefundable. You may terminate your usage of the
software at any time, but all fees previously paid by you are
nonrefundable.
18. Termination of Agreements:
In addition, CoolTradeAI
may terminate this Agreement and/or your use of the Service with or without
cause immediately upon notice. All provisions of this Agreement regarding
confidentiality, ownership, indemnification and limitations of liability shall
survive termination of this Agreement. Upon termination by you or upon notice
of termination by CoolTradeAI, you must destroy
promptly all materials obtained and any copies thereof. All fees and charges
are nonrefundable.
19. Communications:
CoolTradeAI may give notice by means of a general notice on the
Service, electronic mail to your e-mail address on record in CoolTradeAI’s account information, or by written
communication sent by first class mail to your address on record in CoolTradeAI’s account information. You may give notice to CoolTradeAI (such notice shall be deemed given when
received by CoolTradeAI) at any time by electronic mail to support@PajamaTrade.com.
20. Governing Law:
This Agreement shall be governed and
construed in accordance with the laws of the United States and Arizona State,
without giving effect to conflicts of law principles thereof. You agree to submit
to the personal jurisdiction of the state and federal courts located in
Maricopa County in Arizona with respect to any legal proceedings that may arise
in connection with the Service or from a dispute as to the interpretation or
breach of the terms of service. You expressly consent and irrevocably submit to
the exclusive personal jurisdiction and venue of such courts, and agree that
such courts are convenient forums.
21. Accessing CoolTradeAI
outside the United States:
CoolTradeAI controls and operates from its location in the United
States of America and is subject to the United States Export Administration
Laws and Regulations. CoolTradeAI does not represent
that materials in the Service and/or tools are appropriate or available for use
in countries outside the United States. If you choose to access the Service
and/or tools from outside the United States, you are responsible for compliance
with foreign and local laws. Software is further subject to United States
export controls and may not be downloaded, exported, or reexported
into any country to which the U.S. has embargoed goods or to anyone on the U.S.
Treasury Department's Table of Deny Orders. By using the Service and/or tools,
you represent and warrant that you are not located in, controlled by, or a
national or resident of any such country or on any such list.
22. Testimonials:
Client testimonials on the CoolTradeAI website are unsolicited.
23. Miscellaneous:
You accept that CoolTradeAI
has the right to change the content or functionality of any aspect of the
Service and/or tools at any time at CoolTradeAI's
sole discretion. You further accept that such changes may result in your being
unable to access some or all services.
24. Inoperability:
You acknowledge that the Service may
become inoperable for periods of time due to causes beyond the reasonable
control of CoolTradeAI such as denial of service
attacks, virus infestations, and power or communications outages. To the extent
that the cause of inoperability is within the reasonable control of CoolTradeAI, the Service will be restored promptly
following the cessation of such cause(s).
25. Understanding:
The Agreement and any amendments
contain the entire understanding of the parties with respect to the subject matter
addressed herein and supersedes, replaces and merges all prior understandings,
promises, representations and agreements, whether written or oral, relating
thereto. CoolTradeAI reserves the right to amend this
Agreement at any time by posting the amended terms on the Service, as described
above or in the Service. The amended terms shall be effective on the date
identified on the Service. This Agreement may only be amended by you in a
writing signed by CoolTradeAI.
26. Jurisdiction:
If any provision of this Agreement
is held by a court of competent jurisdiction to be invalid or unenforceable,
then such provision(s) shall be construed, as nearly as possible, to reflect
the intentions of the invalid or unenforceable provision(s), with all other
provisions remaining in full force and effect.
27. Relationship:
The relationship between you and CoolTradeAI is that of independent contract. No joint
venture, partnership, employment, or agency relationship exists between you and
CoolTradeAI as a result of this Agreement or your
access to our use of the service and/or the data files. Neither party has the
authority to create any obligations for the other, or to bind the other to any
representation, statement or document.
28. Assignment of Agreement:
You may not assign this Agreement,
in whole or in part, without CoolTradeAI’s prior
express written consent, which may be withheld at CoolTradeAI’s
sole discretion. Any attempted assignment without such written consent shall be
void. Subject to the foregoing, this Agreement will be binding upon and will
inure to the benefit of the parties and their respective successors and
assigns.
29. Severability of terms:
If any provision of the terms is
found invalid or unenforceable, that provision will be enforced to the maximum
extent, and the other provisions of this Agreement will remain in force.
30. Disputes:
Any dispute or claim relating in any
way to your use of any CoolTradeAI service, or to any
products or services sold or distributed by BP Technologies, LLC will be
resolved by binding arbitration, rather than in court. The Federal Arbitration
Act and federal arbitration law apply to this agreement.
There is no judge or jury in
arbitration, and court review of an arbitration award is limited. However, an
arbitrator can award on an individual basis the same damages and relief as a
court (including injunctive and declaratory relief or statutory damages), and
must follow the terms of these Conditions of Use as a court would.
We each agree that any dispute
resolution proceedings will be conducted only on an individual basis and not in
a class, consolidated or representative action. If for any reason a claim
proceeds in court rather than in arbitration we each waive any right to a jury
trial.
Any controversy or claim arising out of or
relating to this contract, or the breach thereof, shall be settled by
arbitration administered by the American Arbitration Association in accordance
with its Commercial [or other] Arbitration Rules, and judgment on the award
rendered by the arbitrator(s) may be entered in any court having jurisdiction
thereof. The
AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment
of all filing, administration and arbitrator fees will be governed by the AAA's
rules.
31. Agreement in entirety:
The terms are the entire agreement
between you and CoolTradeAI.
[i] A professional
trader is any person that meets the following criteria:
·
Is registered or qualified with: the Securities
and Exchange Commission, the Commodities Futures Trading Commission, any state
securities agency, any securities exchange or association, or any commodities
or futures contract market or association.
·
Is engaged as an "investment advisor"
as that term is defined in Section 201(11) of the Investment Advisor's Act of
1940 (whether or not registered or qualified under that Act).
·
Is
involved with the management of funds for others. Such as “Investment
Advisor”, “Hedge Fund”, “Investment Club”, etc.)