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Effective Date: This Terms of Use Agreement was last updated on July 16, 2009.
This Terms of Use Agreement sets forth the standards of use of the www.TheTradeBox.com
Online Service for Registered Members. By using the www.TheTradeBox.com website
you (the “Member”) agree to these terms and conditions. If you do not agree to the
terms and conditions of this agreement, you should immediately cease all usage of
this website. We reserve the right, at any time, to modify, alter, or update the
terms and conditions of this agreement without prior notice. Modifications shall
become effective immediately upon being posted at www.TheTradeBox.com website. Your
continued use of the Service after amendments are posted constitutes an acknowledgement
and acceptance of the Agreement and its modifications. Except as provided in this
paragraph, this Agreement may not be amended.
1. Description of Service
www.TheTradeBox.com is providing Member with the ability to buy, sell, trade and
collect items. A Basic Membership Account provides limited and/or restricted service for
no annual fee. Choosing a Premium Membership Account grants the member service with unlimited
access. Member must provide (1) all equipment necessary for their own Internet
connection, including computer and modem and (2) provide for Member’s access to
the Internet, and (3) pay any fees related with such connection (4) provide personal
and user information to access features and use the website. Premium Membership can be interupted
for credit card unauthorization or opting out of auto renewing your membership.
2. Disclaimer of Warranties.
The site is provided by www.TheTradeBox.com on an “as is” and on an “as available”
basis. To the fullest extent permitted by applicable law, www.TheTradeBox.com makes
no representations or warranties of any kind, express or implied, regarding the
use or the results of this website in terms of its correctness, accuracy, reliability,
or otherwise. www.TheTradeBox.com shall have no liability for any interruptions
in the use of this Website. www.TheTradeBox.com disclaims all warranties with regard
to the information provided, including the implied warranties of merchantability
and fitness for a particular purpose, and non-infringement. Some jurisdictions do
not allow the exclusion of implied warranties; therefore the above-referenced exclusion
is inapplicable.
3. Limitation of Liability
WWW.THETRADEBOX.COM SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR
WWW.THETRADEBOX.COM SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL,
OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF
USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN
IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN
EQUITY, AT LAW, OR OTHERWISE, EVEN IF WWW.THETRADEBOX.COM HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION
OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME
OF THE ABOVE LIMITATIONS ARE INAPPLICABLE.
4. Indemnification
Member agrees to indemnify and hold www.TheTradeBox.com , its parents, subsidiaries,
affiliates, officers and employees, harmless from any claim or demand, including
reasonable attorneys’ fees and costs, made by any third party due to or arising
out of Member’s use of the Service, the violation of this Agreement, or infringement
by Member, or other user of the Service using Member’s computer, of any intellectual
property or any other right of any person or entity.
5. Members Account
All Members of the Service shall create a user account and should not share any
user or personal information with other users. Members are entirely responsible
for any and all activities which occur under their account whether authorized or
not authorized. Member agrees to notify www.TheTradeBox.com of any unauthorized
use of Member’s account or any other breach of security known or should be known
to the Member. Member’s right to use the Service is personal to the Member. Member
agrees not to resell or make any commercial use of the Service without the express
written consent of www.TheTradeBox.com .
6. Modifications and Interruption to Service
www.TheTradeBox.com reserves the right to modify or discontinue the Service with
or without notice to the Member. www.TheTradeBox.com shall not be liable to Member
or any third party should www.TheTradeBox.com exercise its right to modify or discontinue
the Service. Member acknowledges and accepts that www.TheTradeBox.com does not guarantee
continuous, uninterrupted or secure access to our website and operation of our website
may be interfered with or adversely affected by numerous factors or circumstances
outside of our control.
7. Third-Party Sites (PayPal)
Our website may include links to other sites on the Internet that are owned and
operated by online merchants and other third parties. You acknowledge that we are
not responsible for the availability of, or the content located on or through, any
third-party site. You should contact the site administrator or webmaster for those
third-party sites if you have any concerns regarding such links or the content located
on such sites. Your use of those third-party sites is subject to the terms of use
and privacy policies of each site, and we are not responsible therein. We encourage
all Members to review said privacy policies of third-parties’ sites.
8. Governing Jurisdiction of the Courts California
Our website is operated and provided in the State of California. As such, we are
subject to the laws of the State California, and such laws will govern this Terms
of Use, without giving effect to any choice of law rules. We make no representation
that our website or other services are appropriate, legal or available for use in
other locations. Accordingly, if you choose to access our site you agree to do so
subject to the internal laws of the State California.
9. Compliance with Laws.
Member assumes all knowledge of applicable law and is responsible for compliance
with any such laws. Member may not use the Service in any way that violates applicable
state, federal, or international laws, regulations or other government requirements.
Member further agrees not to transmit any material that encourages conduct that
could constitute a criminal offense, give rise to civil liability or otherwise violate
any applicable local, state, national, or international law or regulation.
10. Copyright and Trademark Information
All content included or available on this site, including site design, text, graphics,
interfaces, and the selection and arrangements thereof is ©2010 www.TheTradeBox.com,
with all rights reserved, or is the property of www.TheTradeBox.com and/or third
parties protected by intellectual property rights. Any use of materials on the website,
including reproduction for purposes other than those noted above, modification,
distribution, or replication, any form of data extraction or data mining, or other
commercial exploitation of any kind, without prior written permission of an authorized
officer of www.TheTradeBox.com is strictly prohibited. Members agree that they will
not use any robot, spider, or other automatic device, or manual process to monitor
or copy our web pages or the content contained therein without prior written permission
of an authorized officer of www.TheTradeBox.com .
www.TheTradeBox.com ™ is proprietary marks of www.TheTradeBox.com . www.TheTradeBox.com
trademarks may not be used in connection with any product or service that is not
provided by www.TheTradeBox.com , in any manner that is likely to cause confusion
among customers, or in any manner that disparages or discredits www.TheTradeBox.com
.
All other trademarks displayed on www.TheTradeBox.com website are the trademarks
of their respective owners, and constitute neither an endorsement nor a recommendation
of those Vendors. In addition, such use of trademarks or links to the web sites
of Vendors is not intended to imply, directly or indirectly, that those Vendors
endorse or have any affiliation with www.TheTradeBox.com.
11. Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the
Digital Millennium Copyright Act, www.TheTradeBox.com designates the following individual
as its agent for receipt of notifications of claimed copyright infringement.
By Telephone: (714) 905-9450
By Email: contact@thetradebox.com
By Mail: PO Box 2023 Anaheim, CA 92814
12. Botnets
www.TheTradeBox.com retains the right, at our sole discretion, to terminate any
accounts involved with botnets and related activities. If any hostnames are used
as command and control points for botnets, www.TheTradeBox.com reserves the right
to direct the involved hostnames to a honeypot, loopback address, logging facility,
or any other destination at our discretion.
13. Other Terms
If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable
for any reason, the other provisions (and any partially-enforceable provision) shall
not be affected thereby and shall remain valid and enforceable to the maximum possible
extent. You agree that this Terms of Use Agreement and any other agreements referenced
herein may be assigned by www.TheTradeBox.com, in our sole discretion, to a third
party in the event of a merger or acquisition. This Terms of Use Agreement shall
apply in addition to, and shall not be superseded by, any other written agreement
between us in relation to your participation as a Member. Member agrees that by
accepting this Terms of Use Agreement, Member is consenting to the use and disclosure
of their personally identifiable information and other practices described in our
Privacy
Policy Statement.
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