Terms & Conditions and General Risk Disclosure
GoBabyTrade is a wholly owned product of Saint Michael Technologies, LLC.
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 GoBabyTrade 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
policy in order to use the GoBabyTrade Service.
· STOCKS SHOULD BE SEEN AS AN EXTREMELY HIGH RISK ASSET AND YOU SHOULD NEVER INVEST FUNDS THAT YOU CANNOT AFFORD TO LOSE. Given the foregoing, stocks are not appropriate for all investors. You should not deal in these products unless you have the necessary knowledge and expertise, you understand these products' characteristics and your exposure to risk. You should also be satisfied that the product is suitable for you in light of your circumstances and financial position. In addition, use of our Services can never be considered a safe investment rather only an investment with a high risk of loss inherently associated with it.
· The risk of loss in trading stocks can be substantial. You should, therefore, carefully consider whether such trading is suitable for you in light of your circumstances and financial resources. You should be aware that you may sustain a total loss of the funds in your Account.
· Under certain market conditions, you may find it difficult or impossible to liquidate a position. This can occur, for example, when the market reaches a daily price fluctuation limit ("limit move"), if there is insufficient liquidity in the market.
Automated Trading & Internet Risks
While trading on our website and/or applications, system errors might occur. You should be aware of the risks that may result from any system failure which could mean that your order may be delayed or fail.
You acknowledge that there are risks associated with utilizing an Internet-based trading system including, but not limited to, the failure of hardware, software, and Internet connections, the risk of malicious software introduction, the risk that third parties may obtain unauthorized access to information and/or assets (including your brokerage account) stored on your behalf, cyber-attack, computer viruses, communication failures, disruptions, errors, distortions or delays you may experience when trading via the Saint Michael Technologies, LLC tools, howsoever caused, spyware, scareware, Trojan horses, worms or other malware that may affect your computer or other equipment, or any phishing, spoofing or other attack. You should also be aware that SMS and email services are vulnerable to spoofing and phishing attacks and should use care in reviewing messages purporting to originate from Saint Michael Technologies, LLC.
Fees and Costs
Our fees and charges, if any, are set out on our website https://GoBabyTrade.com. Please be aware of all costs and charges, including exchange/broker charges that apply to you, because such costs and charges will affect your profitability. Consult your broker regarding their fees.
Any opinions, news, research, analyses, prices, or other information contained on this website are provided as general market commentary, and do not constitute investment advice. Saint Michael Technologies, LLC shall not be responsible for any loss arising from any investment based on any recommendation, forecast or other information provided.
Past performance is not an indication of future performance. The value of investments can go down as well as up.
Saint Michael Technologies, LLC does not store, hold, or have any access whatsoever to your stocks and monetary funds. The trading application simply sends buy/sell order requests on your behalf, based on your trading specifications.
I Agree with ALL these Terms and Conditions
Terms and Conditions of Purchasing GoBabyTrade
☑ I am at least 18 years old.
☑ I understand that GoBabyTrade software focuses only on stocks and ETFs.
☑ I understand that I can check if a stock
trades using GoBabyTrade by going to the GoBabyTrade website and entering the symbol in
"Stock Symbol Settings" to see if data is returned. If no data is
returned, then that particular stock symbol will not work with GoBabyTrade.
☑ I understand that for live brokerage accounts GoBabyTrade only works with the trading partners (online brokers) listed on the GoBabyTrade website.
☑ I understand that although the affiliated brokers may trade many different kinds of securities or commodities, GoBabyTrade only trades in the securities referred to above.
☑ I understand that Saint Michael Technologies, LLC does not make buy, sell, or hold recommendations.
☑ I understand that Saint Michael Technologies, LLC does not make guarantees of profitability from usage of GoBabyTrade.
☑ I understand that the default strategies provided are for simulation and testing only.
☑ I understand that Saint Michael Technologies, LLC cannot make my custom strategies or any other strategies profitable.
☑ I understand that GoBabyTrade only trades the market during regular market hours. It does not trade on weekends, exchange holidays, or market after hours.
☑ I understand GoBabyTrade support is only available in English through email. If the support technician needs to talk or connect to your computer it is at the technician's discretion.
☑ I understand that the GoBabyTrade runs in STEALTH mode, thus hiding orders or price goals from public view, and therefore does not submit Limit Orders ahead of time.
☑ I understand that GoBabyTrade licenses are for personal, non-commercial use only.
☑ I acknowledge that Saint Michael Technologies, LLC 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
☑ I confirm my clear understanding that all presentations or discussions I have overheard, or have had or will have with Saint Michael Technologies support staff or independent associates are to assist me in simulated trading to help me understand use of GoBabyTrade, 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:
Saint Michael Technologies 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:
Saint Michael Technologies automatically collects IP addresses and web site usage information from you when you visit the https://GoBabyTrade.com web site. This information helps us evaluate how our users navigate and use our web site. Saint Michael Technologies 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 Saint Michael Technologies 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 Saint Michael Technologies, LLC.
You acknowledge that the financial data has been developed, compiled, prepared, revised, selected and arranged by Saint Michael Technologies 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 Saint Michael Technologies.
You agree to protect the proprietary rights of Saint Michael Technologies during and after the term of this agreement and to comply with all reasonable written requests made by Saint Michael Technologies or its suppliers of content, equipment or otherwise to protect their and others' contractual, statutory and common law rights.
You agree to notify Saint Michael Technologies 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 Saint Michael Technologies. To open an account, you must complete the registration process by providing Saint Michael Technologies 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 Saint Michael Technologies suspect that such information is untrue, inaccurate, not current or incomplete, Saint Michael Technologies 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.
Saint Michael Technologies 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 Saint Michael Technologies may not be recirculated, redistributed or published without prior written consent from Saint Michael Technologies. Modification of the content is a violation of Saint Michael Technologies 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 Saint Michael Technologies 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 Saint Michael Technologies. Saint Michael Technologies provides these links only for convenience, and does not endorse or sponsor these web sites. Saint Michael Technologies 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 Saint Michael Technologies, at all times be and remain the sole and exclusive property of Saint Michael Technologies. 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 Saint Michael Technologies 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 Saint Michael Technologies, or the names of any individual participant, or contributor, or any variations or derivatives thereof, for any purpose, without Saint Michael Technologies prior written approval.
You agree that your use of the financial data is at your sole risk. YOU ACKNOWLEDGE THAT SAINT MICHAEL TECHNOLOGIES IS NOT A BROKER OR INVESTMENT ADVISOR AND DOES NOT MAKE BUY, SELL, OR HOLD RECOMMENDATIONS. The service includes information taken from the New York Stock Exchange, American Stock Exchange, NASDAQ and other sources. Saint Michael Technologies 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 Saint Michael Technologies is a party. Information is obtained by Saint Michael Technologies from sources it believes to be reliable. However, because of possible human or mechanical error by Saint Michael Technologies or its sources, Saint Michael Technologies 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, Saint Michael Technologies, 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 Saint Michael Technologies, its suppliers and its third party agents be liable to you for direct, indirect, incidental, consequential, special, punitive or exemplary damages even if a Saint Michael Technologies 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 Saint Michael Technologies 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 Saint Michael Technologies, and its employees, representatives, Suppliers, and agents, against any claim, suit, action, or other proceeding brought against Saint Michael Technologies, its employees, representatives, suppliers, and agents, by a third party, to the extent that such claim, suit, action or other proceeding brought against Saint Michael Technologies, its employees, representatives, suppliers, and agents is based on or arises in connection with the financial data.
15. Fees and Renewals:
If any subscription fees are charged: 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 Saint Michael Technologies 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. Saint Michael Technologies 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 Saint Michael Technologies in its sole discretion.
16. Recovery of Expenses:
Saint Michael Technologies 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.
Saint Michael Technologies 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, if any, are nonrefundable. You may terminate your usage of the software at any time, but all fees previously paid by you, if any, are nonrefundable.
18. Termination of Agreements:
In addition, Saint Michael Technologies 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 Saint Michael Technologies, you must destroy promptly all materials obtained and any copies thereof. All fees and charges, if any, are nonrefundable.
Saint Michael Technologies may give notice by means of a general notice on the Service, electronic mail to your e-mail address on record in Saint Michael Technologies account information, or by written communication sent by first class mail to your address on record in Saint Michael Technologies account information. You may give notice to Saint Michael Technologies (such notice shall be deemed given when received by Saint Michael Technologies) at any time by electronic mail to support@GoBabyTrade.com.
20. Governing Law:
This Agreement shall be governed and construed in accordance with the laws of the United States and the state of Delaware 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 the state of Delaware 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.
Client testimonials on the Saint Michael Technologies website are unsolicited.
You accept that Saint Michael Technologies has the right to change the content or functionality of any aspect of the Service and/or tools at any time at Saint Michael Technologies 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 Saint Michael Technologies 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 Saint Michael Technologies, 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. Saint Michael Technologies 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 Saint Michael Technologies, LLC.
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 Saint Michael Technologies is that of independent contract. No joint venture, partnership, employment, or agency relationship exists between you and Saint Michael Technologies 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 Saint Michael Technologies prior express written consent, which may be withheld at Saint Michael Technologies 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 Saint Michael Technologies or GoBabyTrade service, or to any products or services sold or distributed by Saint Michael Technologies or GoBabyTrade 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 Saint Michael Technologies, LLC.