Last Update: Mar 17, 2010
AMENDMENTS AND MODIFICATIONS TO THIS AGREEMENT
We reserve the right, at our sole discretion, to change, modify or otherwise alter these TOU at any time. Such modifications shall become effective immediately upon the posting thereof. You must review these TOU on a regular basis to keep yourself apprised of any changes.
By accepting these TOU through your use of the Site, you certify that you are 18 years of age or older. If you are under the age of 18 but at least 13 years of age you may use this Site only under the supervision of a parent or legal guardian who agrees to be bound by these TOU. Tradepal does not intentionally collect personal information about children under the age of 13. If you are a parent or legal guardian agreeing to these TOU for the benefit of a child between the ages of 13 and 18, be advised that you are fully responsible for his or her use of this Site, including all financial charges and legal liability that he or she may incur. If you do not agree to (or cannot comply with) any of these terms and conditions, do not use this Site. All billing and registration information provided must be truthful and accurate. Providing any untruthful or inaccurate information may constitute a breach of these TOU.
In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site (the “Registration Data”); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to Tradepal, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account.
You will not register for more than one account at a time. Tradepal reserves the right to limit the number of accounts for a single address or household and to cancel accounts and ban Users from the Site.
Tradepal reserves the right to refuse registration from a User if the email address or mailing address provided in the Registration Data has already been registered to another User.
You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials (“Content”) posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item of goods and services (each an “Item”), of Content that you post, email or otherwise make available via the Service. You understand that Tradepal does not control, and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the Tradepal Site and Content available through the Service may contain links to other websites, which are completely independent of Tradepal. Tradepal makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will Tradepal be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge and agree that Tradepal is not responsible for any unauthorized activities on your account and that you may be liable for any charges that arise as a consequence of such unauthorized activities. You acknowledge that Tradepal does not pre-screen or approve Content, but that Tradepal shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the TOU or for any other reason. You acknowledge that Tradepal reserves the right to prosecute fraud to the fullest extend of the law.
You understand that Tradepal merely acts as a trade facilitator and is not a party to any trades. Tradepal does not control, and is not responsible for any of the Content made available on the Site, the nature of the Items traded, the integrity of the listings or the ability of the Users to trade. Tradepal cannot ensure that another User will complete a trade or ship an item. Tradepal is not responsible for Items lost or damaged in the shipping process. Tradepal is not liable for any fraud committed on the Site or any other fraudulent activities committed by its Users.
You understand that Tradepal may use a variety of ways to verify the accuracy of the Registration Data, however Tradepal cannot verify or assure with any certainty the real identity of each User. The User-initiated feedback system and your communication directly with potential trading partners through the tools available on the Site will help you evaluate with whom you are dealing.
You agree not to use the Services or the Site: (a) to register for more than one User account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group of entity that is otherwise not eligible to register; (b) to impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity; (c) to use or attempt to use another's account, service or system without authorization from Tradepal, or create a false identity on the Services or Site; or (d) while your account is temporarily or permanently suspended by Tradepal.
PRIVACY AND INFORMATION DISCLOSURE
RESPONSIBILITY FOR POSTINGS
All User postings are the sole responsibility of the User or Users from whom such postings were originated. This means that you, not Tradepal, are entirely responsible for all User postings made by you. You acknowledge and agree that: (a) Tradepal may, but has no obligation to, pre-screen, review, edit or monitor any User postings; (b) Tradepal does not direct or control User postings and makes no representation or warranty whatsoever as to the accuracy, integrity, validity or legitimacy or any User postings; (c) the Site is a public forum and there is no reasonable expectation of privacy of any User when accessing public areas on the Site; (d) by voluntarily providing your Bio, you grant Tradepal express permission to publish your Bio on the Site; (e) for any private information you choose to publish, have published, or otherwise share with others on the Site, you are deemed to have expressly waived your right and expectation of privacy for such information; and (f) under no circumstances will Tradepal be responsible or liable for others' use or misuse of any information or data you choose to publish, have published, or otherwise share with others on the Site.
The Tradepal Site and Content available through the Service may contain features and functionalities that may link you or provide you with access to third-party content which is completely independent of Tradepal, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.
Your interactions with other Users, organizations and/or individuals found on or through the Service, including payment and delivery of Items, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such other Users, organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third-parties.
You agree that Tradepal shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this Site, or between Users and any third-party, you understand and agree that Tradepal is under no obligation to become involved. In the event that you have a dispute with one or more other Users, you hereby release Tradepal, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our service. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
NOTIFICATION OF CLAIMS OF INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify Tradepal for notice of claims of copyright or other intellectual property infringement, at
or by mail:
474 Bryant Street
San Francisco, CA 94107
Please provide us with the following Notice:
a) Identify the material on the Tradepal Site that you claim is infringing, with enough detail so that we may locate it on the Site;
b) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
c) A statement by you declaring under penalty of perjury that (1) the above information in your notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
d) Your address, telephone number, and email address; and
e) Your physical or electronic signature.
Tradepal will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act.
You agree not to post, email, or otherwise make available Content:
a) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way;
b) that is pornographic or depicts a human being engaged in actual sexual conduct;
c) that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
d) that violates the Fair Housing Act by stating, in any notice or ad for the sale or rental of any dwelling, a discriminatory preference based on race, color, national origin, religion, sex, familial status or handicap (or violates any state or local law prohibiting discrimination on the basis of these or other characteristics);
e) that impersonates any person or entity, including, but not limited to, a Tradepal employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures);
f) that includes personal or identifying information about another person without that person's explicit consent;
g) that is false, deceptive, misleading, deceitful, misinformative, or constitutes “bait and switch”;
h) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
i) that constitutes or contains “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement;
j) that constitutes or contains any form of advertising or solicitation if: posted in areas of the Site which are not designated for such purposes; or emailed to Users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests.
k) that includes links to commercial services or web sites, except as permitted in “Services”;
l) that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law, including without limitation items the sale of which is prohibited or regulated by law. A partial list of prohibited items for sale and prohibited services offered includes:
- Obscene material or child pornography.
- Offer or solicitation of illegal prostitution.
- Weapons and related items, including but not limited to firearms, disguised, undetectable or switchblade knives, martial arts weapons, scopes, silencers, ammunition, ammunition magazines, BB guns, tear gas or stun guns.
- Items issued to United States Armed Forces that have not been disposed of in accordance with Department of Defense demilitarization policies.
- Fireworks, including but not limited to "safe and sane" fireworks or any destructive devices or explosives.
- Controlled substances or illegal drugs, substances and items used to manufacture controlled substances and drug paraphernalia.
- Alcohol or tobacco products.
- Prescription drugs and medical devices, including but not limited to prescription or contact lenses, defibrillators, hypodermic needles, or hearing aids.
- Nonprescription drugs that make false or misleading treatment claims or treatment claims that require FDA approval.
- Blood, bodily fluids or body parts.
- Pet animal parts, blood, or fluids - including but not limited to stud/breeding service.
- Restricted or regulated plants and insects, including but not limited to noxious weeds, endangered plant species, endangered live insects, or pests.
- Pesticides or hazardous substances, or items containing hazardous substances including but not limited to contaminated toys, or art or craft material containing toxic substances without a warning label.
- Illegal telecommunications equipment, including but not limited to access cards, password sniffers, access card programmers and unloopers, or cable descramblers.
- Stolen property, or property with serial number removed or altered.
- Burglary tools, including but not limited to lock-picks or motor vehicle master keys.
- False identification cards, items with police insignia, citizenship documents, or birth certificates.
- Counterfeit currency, coins and stamps, tickets, as well as equipment designed to make them.
- Counterfeit, replica, or knock-off brand name goods.
- Material that infringes copyright, including but not limited to software or other digital goods you are not authorized to sell.
- Airline tickets that restrict transfer, and tickets of any kind which you are not authorized to sell.
- Coupons or gift cards that restrict transfer, and coupons or gift cards which you are not authorized to sell.
- Gambling items, including but not limited to lottery tickets, sports trading card 'grab bags', raffle tickets, sweepstakes entries, or slot machines.
- Used or rebuilt batteries, or batteries containing mercury.
- Used bedding and clothing, unless sanitized in accordance with law.
- Non-packaged food items or adulterated food.
- Bulk email or mailing lists that contain names, addresses, phone numbers, or other personal identifying information.
Users remain responsible for complying with all applicable laws, regulations or restrictions on items, services, or manner of sale, payment or exchange, that may apply to transactions in which they participate -- including but not limited to those imposed by the state of Florida, where Tradepal physically resides. We encourage you to research the applicable laws and regulations that may apply to your transaction;
m) that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
n) that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other Users' ability to use the Service; or
o) that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
Additionally, you agree not to:
p) contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose;
q) “stalk” or otherwise harass anyone;
r) collect personal data about other Users for commercial or unlawful purposes;
s) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service - unless expressly permitted by Tradepal;
t) post irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
u) attempt to gain unauthorized access to Tradepal' computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the Site;
v) use any form of automated device or computer program that enables the submission of postings on Tradepal without each posting being manually entered by the author thereof (an “automated posting device”), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals; or
w) use any form of automated device or computer program (“flagging tool“) that enables the use of Tradepal' “flagging system” or other community moderation systems without each flag being manually entered by the person that initiates the flag (an “automated flagging device”), or use the flagging tool to remove posts of competitors, or to remove posts without a good faith belief that the post being flagged violates these TOU.
If Tradepal receives complains that you have failed to act in accordance with the conduct listed above, it has the right to suspect your account while it investigates such claims. If Tradepal, in its sole discretion, finds as a result of its investigation that such claims have merit, has the right to terminate your account.
You agree that related to the Content:
1) your listing information is complete and correct;
2) your shipping information as provided is complete and correct;
3) you will describe each item listed accurate and fairly as to type, attributes, including condition, and other factors that may be relevant to the decision of another User to trade for that item;
4) you will not manipulate the price of any item or interfere with other Users’ listings;
5) you are in the obligation to complete a trade once you have entered into a trade agreement with another User;
6) you will deliver payment for items purchased by you, unless the seller has materially changed the item description after you made an offer, or you cannot authenticate the seller’s identity;
7) once a trade is completed, you will ship items promptly, unless your counterparty fails to meet the posted terms, or you cannot authenticate their identity;
8) you will ship items in clean and serviceable condition and as described by you;
9) you will promptly notify the other party if an item is damaged and will make arrangements to either repair or replace the item if the trade is completed;
10) you will not consciously misrepresent the true weight of a product for shipping charges purposes;
11) you will not misrepresent the true nature of a product for shipping purposes;
12) if you cannot deliver an Item, you will promptly reimburse your counterparty and/or return any items received in trade at your expense to your trading partner, unless your trading partner agrees to accept a replacement item;
13) the recipient User shall become the lawful owner of the product upon physical receipt of the product from the selling or trading User;
14) you will not attempt to trade, list or sell counterfeit or illegal products;
15) that legal ownership of an Item is transferred upon physical delivery of the Item to the buyer by the seller;
16) you release Tradepal and its shareholders and affiliates from any claims, demands and damages; and
17) you will not inflate or misrepresent the purchase price of your listed items if prompted to indicate this price in the listing process.
18) you will not circumvent or manipulate our fee structure, the billing process or fees owed to Tradepal.
If Tradepal receives complains that you have failed to act in accordance with the conduct listed above, it has the right to suspect your account while it investigates such claims. If Tradepal, in its sole discretion, finds as a result of its investigation that such claims have merit, has the right to terminate your account.
You agree not to commit fraud, which includes committing to send or trade an Item but not actually sending or trading it, or sending such Item after an unreasonable delay, claiming an Item was never received when in fact it was, claiming an Item is stolen, broken, incorrect, scratched or otherwise problematic when it is not, claiming to own an Item that you do not in fact own, creating a different User id to avoid adverse action by Tradepal and other similar acts. If Tradepal suspects that you have committed fraud, you hereby agree that Tradepal has the right to suspend your account while it follows up on the fraud claims with an investigation. If the result of the investigation is that Tradepal has a reasonable belief that you have engaged in fraud or fraudulent activities, Tradepal may terminate the account and turn you over to criminal prosecution to the fullest extent of the law.
NO SPAM POLICY
You understand and agree that sending unsolicited email advertisements to Tradepal email addresses or through Tradepal computer systems, which is expressly prohibited by these TOU, will use or cause to be used servers located in Florida. Any unauthorized use of Tradepal computer systems is a violation of these TOU and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.). Such violations may subject the sender and his or her agents to civil and criminal penalties.
Tradepal offers an integrated shipping platform supplied in partnership with Stamps.com and the U.S. Postal Service. When listing an Item for trade, a User will be able to show the estimate of the shipping costs by USPS based on the catalog found on the Site (or provided by a potential trading partner) and the zip code provided by a potential trading partner. When a trade is completed, shipping cost will be automatically calculated and charged to the User who is sending the Item. Once the charge goes through, a shipping label will be generated and the User who is shipping the Item will be able to print out the label and ship the Item. The actual shipping rate may be higher or lower depending on the true weight, dimensions, shape, and other aspects of the Item. You hereby acknowledge that the catalog provided used to calculate the weight and dimension of the Item is providing an estimate and Tradepal cannot guaranty the accuracy of such information. You further acknowledge that the rate quoted when you complete a trade is a courtesy rate. The actual rate may be different. Differences may occur based on actual weight, dimensions, and other factors. You may wish to consult the applicable U.S. Postal Service Price List for details on how shipping charges are calculated.
PROFILE AND SECURITY
All User postings made by you will automatically be linked to your Bio and username. That means that whenever you make a User posting on the Site, your Bio and username will be visible to others in connection with that posting.
Subject to the reservation of rights set forth herein, Tradepal does not publish or share with others your private information. However, you acknowledge and agree that, for any private information that you choose to publish, have published, or otherwise share with others on the Site, you are deemed to have expressly waived your right and expectation of privacy for such information, and you do so solely and entirely at your own risk. Under no circumstances will Tradepal be responsible or liable for others' use or misuse of any information or data that you choose to publish, have published, or otherwise share with others on the Site.
Tradepal will use reasonable efforts to safeguard your private information in our possession or control against unauthorized access and disclosure. However, you understand and acknowledge that no data transmission over the Internet and no data storage can be 100% secure. Consequently, Tradepal does not warrant or guarantee the security of any information you transmit to, from or on the Site. We will notify you in the event we become aware of a breach or suspected breach of the security of your private information stored by us. It is also your responsibility to safeguard your private information. Please be sure to log off from your account and close your browser at the end of each session. Special caution should be exercised when accessing your account from a public or shared computer. You agree to promptly notify us upon knowledge of any unauthorized access or disclosure of your private information or of any breach of security involving your account.
Use of this Site is free for barters not involving the exchange of money. Also, Tradepal does not charge listing fees. We charge individual sellers a flat transaction fee amounting to 6% of the final transaction price. We charge business sellers a flat transaction fee amounting to 7.5% of the final transaction price. When you list an item or use a service that has a fee, you have an opportunity to review and accept the fees that you will be charged based on our fee schedule, which may change time to time. We may in the future decide to charge a fee to post Content in some areas of the Service. We may choose to temporarily change our fees policy and the fees for our Services for promotional events and such changes are effective when we post the temporary promotional event on the Site. In addition, we may in our sole discretion change some or all of our Services at any time. In the event we introduce a new Service, the fees for that Service are effective at the launch of the Service. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees associated with using our Service and the Site and all applicable taxes.
Tradepal makes no representations as to the tax consequences to Users of their completed trades. Each User is solely responsible to report his or her trading activity to the extent required by tax or other laws and for the payment of any and all taxes that may arise as a result of a trade.
LIMITATIONS ON SERVICE
You acknowledge that Tradepal may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that Tradepal has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that Tradepal reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that Tradepal shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
ACCESS TO THE SERVICE
Tradepal grants you a limited, revocable, nonexclusive license to access the Service for your own personal use. This license does not include: any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by Tradepal. A limited exception is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. “General purpose internet search engine” does not include a website or search engine or other service that specializes in classified listings or in any subset of classifieds listings such as jobs, housing, for sale, services, or personals, or which is in the business of providing classified ad listing services.
Tradepal permits you to display on your website, or create a hyperlink on your website to, individual postings on the Service so long as such use is for noncommercial and/or news reporting purposes only (e.g., for use in personal web blogs or personal online media). If the total number of such postings displayed or linked to on your website exceeds 100 postings, your use will be presumed to be in violation of the TOU, absent express permission granted by Tradepal to do so. You may also create a hyperlink to the home page of Tradepal Sites so long as the link does not portray Tradepal, its employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive matter.
Tradepal offers various parts of the Service in RSS format so that Users can embed individual feeds into a personal website or blog, or view postings through third party software news aggregators. Tradepal permits you to display, excerpt from, and link to the RSS feeds on your personal website or personal web blog, provided that (a) your use of the RSS feed is for personal, non-commercial purposes only, (b) each title is correctly linked back to the original post on the Service and redirects the User to the post when the User clicks on it, (c) you provide, adjacent to the RSS feed, proper attribution to 'Tradepal' as the source, (d) your use or display does not suggest that Tradepal promotes or endorses any third party causes, ideas, web sites, products or services, (e) you do not redistribute the RSS feed, and (f) your use does not overburden Tradepal' systems. Tradepal reserves all rights in the content of the RSS feeds and may terminate any RSS feed at any time.
Use of the Service beyond the scope of authorized access granted to you by Tradepal immediately terminates said permission or license. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a license from Tradepal.
TERMINATION OF SERVICE
You agree that Tradepal, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if Tradepal believes that you have acted inconsistently with the letter or spirit of the TOU. Further, you agree that Tradepal shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination. The Modification, Third Party Content, Sites and Services, Privacy and Information Disclosure, Limitations on Service, Access to the Service, Termination of Service, Proprietary Rights, Disclaimers, and Limitations of Liability Sections shall survive termination of the TOU.
The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the Site or the collective work, and/or copying or reproducing the Sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of Tradepal. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of Tradepal, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service.
Although Tradepal does not claim ownership of content that its Users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to Tradepal an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Service, you automatically grant Tradepal all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.
Tradepal is not responsible or liable in any manner for any User Content or third party applications, software or Content posted on the Site or in connection with the Service, whether posted or caused by Users of the Site, by Tradepal, by third parties or by any of the equipment or programming associated with or utilized in the Site or the Service. Although we provide rules for User conduct and postings, we do not control and are not responsible for what Users post, transmit or share on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Site or in connection with any User Content or third party applications, software or Content. Tradepal is not responsible for the conduct, whether online or offline, of any User of the Site or Service.
The Site and the Service may be temporarily unavailable from time to time for maintenance or other reasons. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. Tradepal is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to User's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will Tradepal be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone's use of the Site or the Service, any User Content or third party applications, software or Content posted on or through the Site or the Service or transmitted to Users, or any interactions between Users of the Site, whether online or offline.
Tradepal offers a Carbon Emissions automatic calculator on the Site, however, we assume no responsibility for any error in the calculator.
We reserve the right to change any and all Content, software and other items used or contained in the Site and any Services and applications offered through the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Tradepal.
YOU AGREE THAT USE OF THE TRADEPAL SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE TRADEPAL SITE AND THE SERVICE ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, TRADEPAL DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE TRADEPAL SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, TRADEPAL DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE TRADEPAL SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE TRADEPAL SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, TRADEPAL DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE TRADEPAL SITE OR THE SERVICE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL TRADEPAL BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF TRADEPAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE TRADEPAL SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE TRADEPAL SITE OR THE SERVICE, FROM INABILITY TO USE THE TRADEPAL SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE TRADEPAL SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE TRADEPAL SITE OR THE SERVICE OR ANY LINKS ON THE TRADEPAL SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE TRADEPAL SITE OR THE SERVICE OR ANY LINKS ON THE TRADEPAL SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.
You agree to indemnify and hold Tradepal, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the TOU, your breach of any of the representations and warranties herein, or your violation of any rights of another.
The TOU constitute the entire agreement between you and Tradepal and govern your use of the Service, superseding any prior agreements between you and Tradepal. The TOU and the relationship between you and Tradepal shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. You and Tradepal agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Miami-Dade, Florida. The failure of Tradepal to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.
TRADEPAL, and other Tradepal graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of Tradepal in the U.S. and/or other countries. Tradepal' trademarks and trade dress may not be used in connection with any product or service that is not Tradepal', in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Tradepal. All other trademarks not owned by Tradepal that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Tradepal.
GOVERNING LAW; VENUE AND JURISDICTION
Arbitration under this Agreement shall be conducted by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA's Supplementary Procedures for Consumer Related Disputes ( the “AAA Consumer Rules”) (collectively the “AAA Rules”). The location of the arbitration and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules and shall be subject to the limitations provided for in the AAA Consumer Rules (for consumer disputes). If such costs are determined to be excessive in a consumer dispute, Tradepal will be responsible for paying all arbitration fees and arbitrator compensation in excess of what is deemed reasonable. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
This Site and the Services are to be used for non-competitive purposes only. Use of the Site or Services by competing businesses, affiliates, employees, or other associates is absolutely prohibited and constitutes a breach of this TOU, giving rise to damages.
If you are an owner, employee or other associate of a competing site (other than simply a member), you hereby agree that damages from the unlicensed visitation of this site are difficult to compute. Damages from breach of this competitor use provision shall therefore be set at $100 per unauthorized Site visit. You hereby agree that such damages are a reasonable estimate of actual damages and you waive your right to contest these damages in a court of law or other proceeding.
You are encouraged to provide feedback on your trading experience when you complete a trade in order to help build a better community of traders. Over time, Users who regularly trade will establish a track record that can be relied upon by others, including a composite User's ratings. We may limit the manner in which a User can use the Site based on their User’s ratings and the comments that have been made in connection therewith or, in the case of feedback that is consistently negative or that we deem otherwise unacceptable for a User of the Site, suspend their use of our Services.
Tradepal will not allow use of artificial trades in order to boost ratings. If Tradepal determines that such activities are taking place, Tradepal reserves the right to terminate the involved Users's accounts.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service (“Submissions”), provided by you to Tradepal are non-confidential and shall become the sole property of Tradepal. Tradepal shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
DEFINITIONS AND CONSTRUCTIONS
Unless otherwise specified, the terms “includes”, “including”, “e.g.,”, “for example”, and other similar terms are deemed to include the term “without limitation” immediately thereafter. Terms used in these TOU with the initial letter(s) capitalized will have the meaning attributed to them in these TOU.
These TOU constitute the entire agreement between you and Tradepal regarding the use of the Site and/or the Service, superseding any prior agreements between you and Tradepal relating to your use of the Site or the Service. The failure of Tradepal to exercise or enforce any right or provision of these TOU shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this TOU is held invalid, the remainder of this TOU shall continue in full force and effect. If any provision of these TOU shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these TOU and shall not affect the validity and enforceability of any remaining provisions.
If you have any questions regarding the TOU, please contact us at:
or by mail:
474 Bryant Street
San Francisco, CA 94107