TERMS AND CONDITIONS
I Agree with ALL these Terms and Conditions
Terms and Conditions of Purchasing PajamaTrade
☑ I am at least 18 years old.
☑ I understand that this is not a free trial download. PajamaTrade™ 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 PajamaTrade™ account, PajamaTrade 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 PajamaTrade™ software requires a minimum of 8GB RAM, and that PajamaTrade recommends at least 16 GB with an I7 processor.
☑ I understand that PajamaTrade™ 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 PajamaTrade™ software may interfere with my use of other programs while PajamaTrade™ is operating. So I understand that it is best to use PajamaTrade™ on a separate computer dedicated to its use.
☑ I understand that PajamaTrade™ software only runs on Windows 2000 and above, including XP, Vista, Windows 7, Windows 8, and Windows 10.
☑ I understand that PajamaTrade™ software does not operate on Apple computers.
☑ I understand that PajamaTrade™ 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 PajamaTrade™ 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 PajamaTrade™ software by going to the PajamaTrade 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 PajamaTrade™ software.
☑ I understand that for live brokerage accounts PajamaTrade™ software only works with the trading partners (online brokers) listed on the PajamaTrade website.
☑ I understand that although the affiliated brokers may trade many different kinds of securities or commodities, PajamaTrade™ software only trades in the securities referred to above.
☑ I understand that PajamaTrade™ does not make buy, sell, or hold recommendations.
☑ I understand that PajamaTrade™ does not make guarantees of profitability from usage of the PajamaTrade software.
☑ I understand that the default strategies provided are for simulation and testing only.
☑ I understand that PajamaTrade cannot make my custom strategies or any other strategies profitable.
I understand that if I run PajamaTrade™ software
outside of the USA I must change the Windows?Control
Panel ?Regional / Language setting to "English (United States)."
☑ I understand that PajamaTrade™ 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 PajamaTrade™ software only trades the market during regular market hours. It does not trade on weekends, exchange holidays, or market after hours.
☑ I understand PajamaTrade™ 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 PajamaTrade 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 PajamaTrade™ 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 firstname.lastname@example.org for business pricing and usage terms.
☑ 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 PajamaTrade a $500 X 2 = $1000 transfer fee.
☑ I understand that Independent (sales) Associates are independent, and are not employees, agents, or representatives of PajamaTrade, and that their activities are not directly controlled or governed by PajamaTrade. PajamaTrade does not honor claims made by any Independent Associate other than those confirmed on PajamaTrade'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 PajamaTrade's sales support office.
☑ I have been presented with many scenarios above which may be reasons to want to cancel my PajamaTrade™ 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 PajamaTrade 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.
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
☑ I confirm my clear understanding that all presentations or discussions I have overheard, or have had or will have with PajamaTrade support staff or independent associates are to assist me in simulated trading to help me understand use of PajamaTrade™ 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.
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:
PajamaTrade 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:
PajamaTrade automatically collects IP addresses and web site usage information from you when you visit the http://PajamaTrade.com web site. This information helps us evaluate how our users navigate and use our web site. PajamaTrade 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 PajamaTrade 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 PajamaTrade 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 PajamaTrade.
You agree to protect the proprietary rights of PajamaTrade during and after the term of this agreement and to comply with all reasonable written requests made by PajamaTrade or its suppliers of content, equipment or otherwise to protect their and others' contractual, statutory and common law rights.
You agree to notify PajamaTrade 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 PajamaTrade. To open an account, you must complete the registration process by providing PajamaTrade 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 PajamaTrade suspect that such information is untrue, inaccurate, not current or incomplete, PajamaTrade 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.
PajamaTrade 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 PajamaTrade may not be recirculated, redistributed or published without prior written consent from PajamaTrade. Modification of the content is a violation of PajamaTrade copyright. No part of this data may be offered for sale or redistributed unless specifically authorized in writing.
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 PajamaTrade 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 PajamaTrade. PajamaTrade provides these links only for convenience, and does not endorse or sponsor these web sites. PajamaTrade is not responsible for the contents of any linked sites or sites linked with any linked site.
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 PajamaTrade, at all times be and remain the sole and exclusive property of PajamaTrade. 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 PajamaTrade 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 PajamaTrade, or the names of any individual participant, or contributor, or any variations or derivatives thereof, for any purpose, without PajamaTrade's prior written approval.
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 PAJAMATRADE 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, PajamaTrade 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 PajamaTrade is a party. Information is obtained by PajamaTrade from sources it believes to be reliable. However, because of possible human or mechanical error by PajamaTrade or its sources, PajamaTrade 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, PajamaTrade, 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 PajamaTrade, its suppliers and its third party agents be liable to you for direct, indirect, incidental, consequential, special, punitive or exemplary damages even if a PajamaTrade 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 PajamaTrade'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.
You agree, at your own expense, to indemnify, defend, and hold harmless PajamaTrade, and its employees, representatives, Suppliers, and agents, against any claim, suit, action, or other proceeding brought against PajamaTrade, its employees, representatives, suppliers, and agents, by a third party, to the extent that such claim, suit, action or other proceeding brought against PajamaTrade, 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 PajamaTrade 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. PajamaTrade 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 PajamaTrade in its sole discretion.
16. Recovery of Expenses:
PajamaTrade 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.
PajamaTrade 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, PajamaTrade 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 PajamaTrade, you must destroy promptly all materials obtained and any copies thereof. All fees and charges are nonrefundable.
PajamaTrade may give notice by means of a general notice on the Service, electronic mail to your e-mail address on record in PajamaTrade’s account information, or by written communication sent by first class mail to your address on record in PajamaTrade’s account information. You may give notice to PajamaTrade (such notice shall be deemed given when received by PajamaTrade) 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 PajamaTrade outside the United States:
PajamaTrade controls and operates from its location in the United States of America and is subject to the United States Export Administration Laws and Regulations. PajamaTrade 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.
Client testimonials on the PajamaTrade website are unsolicited.
You accept that PajamaTrade has the right to change the content or functionality of any aspect of the Service and/or tools at any time at PajamaTrade's sole discretion. You further accept that such changes may result in your being unable to access some or all services.
You acknowledge that the Service may become inoperable for periods of time due to causes beyond the reasonable control of PajamaTrade 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 PajamaTrade, the Service will be restored promptly following the cessation of such cause(s).
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. PajamaTrade 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 PajamaTrade.
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.
The relationship between you and PajamaTrade is that of independent contract. No joint venture, partnership, employment, or agency relationship exists between you and PajamaTrade 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 PajamaTrade’s prior express written consent, which may be withheld at PajamaTrade’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.
Any dispute or claim relating in any way to your use of any PajamaTrade 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 PajamaTrade.
[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.)