User Agreement THIS IS A LEGAL AND BINDING CONTRACT BETWEEN YOU ("USER") AND CARE TO TRADE ("Care to Trade" or "caretotrade.com" or "caretotrade.net" or Care to Trade, L.L.C.). THE FOLLOWING DESCRIBES THE TERMS ON WHICH CARE TO TRADE OFFERS YOU ACCESS TO CARE TO TRADE SERVICES AND THE CARETOTRADE.COM WEB SITE AND THE RULES BY WHICH YOU MUST ABIDE BY. CARE TO TRADE RESERVES THE RIGHT, FROM TIME TO TIME, WITH OR WITHOUT NOTICE TO YOU, TO MAKE CHANGES TO THIS AGREEMENT IN CARE TO TRADE'S SOLE DISCRETION. USE OF ANY PART OF THIS WEB SITE CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES. THE MOST CURRENT VERSION OF THIS AGREEMENT, WHICH SUPERCEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY CLICKING ON THE "TERMS OF USE" HYPERLINK LOCATED AT THE BOTTOM OF EVERY PAGE ON THE CARE TO TRADE WEBSITE. BY ACCESSING, VISITING, BROWSING, USING OR ATTEMPTING TO INTERACT WITH ANY PART OF THIS WEB SITE, OR OTHER CARE TO TRADE SOFTWARE, SERVICES, WEBSITES OR ANY OF CARE TO TRADE'S LICENSEES SERVICES OR SOFTWARE (COLLECTIVELY "SERVICES"), YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE ANY PART OF THIS WEB SITE. 1. Definitions. Unless otherwise defined in this document, all capitalized words shall have the meaning set forth in the Care to Trade Rules. 2. Amendments. Care to Trade, at its discretion, may amend this Agreement, the Care to Trade Rules, the Care to Trade fees, or the Care to Trade Privacy Policy at any time by posting the amended terms at caretotrade.com. The amended terms of this Agreement, Care to Trade fees, and Care to Trade Privacy Policy shall automatically be effective 30 days after they are initially posted. The amended terms of the Care to Trade Rules shall be immediately effective at the time of posting. User may receive copies of amendments by checking the box at the bottom of this page. This Agreement may not otherwise be amended except in a writing signed by both parties. 3. Rules. By using the caretotrade.com web site or Care to Trade Services, User agrees to follow the Care to Trade Rules then in effect, as found in these Terms. USER FURTHER UNDERSTANDS THAT THEY MUST ADHERE TO THEIR GOVERNMENTS REGULATIONS ON BARTERING THEN IN EFFECT WHEN USING CARE TO TRADE. INFORMATION ON U.S. REGULATIONS MAY BE FOUND HERE. 4. Eligibility for Membership. Care to Trade Services are available only to individuals who can form legally binding contracts under applicable law and who have completed the applicable Registration Form. Without limiting the foregoing, Care to Trade services are not available to minors. If User does not qualify, please do not use Care to Trade Services or the caretotrade.com web site. To access this site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of this site that all the information you provide on this site will be correct, current, and complete. If Care to Trade believes the information you provide is not correct, current, or complete, Care to Trade has the right to refuse you access to this site or any of its resources, and to terminate or suspend your access at any time. 5. Fees and Costs. User agrees to pay Care to Trade the fees set forth in the Care to Trade Fee Schedule. Unless otherwise stated, all fees are quoted in U.S. Dollars. User shall pay all applicable sales, use, transfer or other taxes and all duties, whether international, national, state, or local, however designated, which are levied or imposed by reason of a Transaction, excluding, however, income taxes of Care to Trade. 6. Services. The caretotrade.com web site is a venue for Sellers to conduct Sales or Trades and for Buyers to Bid on Sellers' Listings. CARE TO Trade IS NOT INVOLVED IN THE ACTUAL TRANSACTIONS BETWEEN BUYERS, SELLERS, AND TRADERS. User acknowledges that Care to Trade has no control over: (1) the Sellers' Listings, including, without limitation, quality, safety, legality, truth, or accuracy; (2) the ability of Sellers to sell or trade items; (3) the ability of Buyers to buy or trade items; (4) whether Sellers will complete a Transaction; or (5) whether Buyers will complete a Transaction. USER ASSUMES ANY AND ALL RISKS, KNOWN OR UNKNOWN, NOW EXISTING OR HEREAFTER ARISING, RELATED TO THE USE OF THE CARE TO TRADE SERVICES OR CARETOTRADE.COM WEB SITE, INCLUDING, WITHOUT LIMITATION, PARTICIPATION IN ANY TRADE, SALE, PURCHASE, AUCTION, BIDDING, LISTING, COMPLETING TRANSACTIONS, DEALING WITH FOREIGN NATIONALS, UNDERAGE PERSONS, OR PEOPLE ACTING UNDER FALSE PRETENSE; OR THE UNAUTHORIZED OR AUTHORIZED USE OF USER'S ACCOUNT AND PASSWORD. 7. Bidding, Buying, and Trading. If User acting as a Buyer bids on an item and such bid is accepted by a Seller, such User shall complete the Transaction in accordance with the then-in-effect Care to Trade Rules. 8. Listing and Selling. If User acting as a Seller lists an item and receives one or more bids, such User shall complete the Transaction in accordance with the then-in-effect Care to Trade Rules. 9. User Information. User information includes any information User provides to Care to Trade or other Users, including, without limitation, information provided in connection with registration, bidding or listing processes, forums, bulletin board services, chat areas, message boards, news groups, communities, personal web pages, calendars, email, and/or other message or communication facilities designed to allow you to communicate with the Internet community or with a group, or otherwise (collectively, "User Information"). User is solely responsible for User Information, and Care to Trade acts as a passive conduit for User's online distribution and publication of User Information. User represents and warrants that User Information: (1) shall not infringe any third party's copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy; (2) shall not violate any law, statute, ordinance, or regulation (including without limitation those governing export control, consumer protection, unfair competition, antidiscrimination, or false advertising); (3) shall not be defamatory, trade libelous, unlawfully threatening, or unlawfully harassing; (4) shall not be obscene, contain child pornography, or be pornographic or indecent; and (5) shall not contain any viruses or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information. Furthermore, User shall not post on Care to Trade's web site or sell or trade through Care to Trade's web site any item that, by paying to Care to Trade any fee, could subject Care to Trade to any liability or cause Care to Trade to violate any applicable law, statute, ordinance, or regulation. User grants Care to Trade a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicenseable (through multiple tiers) right to exercise the copyright and publicity rights in User Information, in any media now known or not currently known; provided, Care to Trade shall use User Information only in accordance with the Care to Trade Privacy Policy. 10. System Integrity. User shall not use any device, software, or routine that interferes or attempts to interfere with the proper working of the Care to Trade web site or any Transaction. User shall not take any action which imposes an unreasonable or disproportionately large load on Care to Trade infrastructure. User shall not disclose or share User Passwords or Accounts with any third parties or use User Passwords or Accounts for any unauthorized purpose. User may not take any actions which may undermine the integrity of the feedback system, such as: leaving positive feedback for itself using secondary user identification or third parties; leaving negative feedback for other Users using secondary user identification or third parties; or leaving negative feedback if a User fails to perform some action that is outside the scope of the Transaction. 11. Disputes. Should a dispute arise between a Buyer, Seller, Trader and/or other User, Care to Trade will not act as mediator between the involved parties. Resolution of disputes is the full and sole responsibility of the involved parties. User irrevocably releases Care to Trade (and Care to Trade's officers, agents, and employees) from any and all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. 12. No Control. Care to Trade does not and cannot control the content of any Seller's, Trader's, or Buyer's listing, Buyer's bid or User's other communications. By its very nature, other people's information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. 13. No Warranty. CARE TO TRADE PROVIDES THE CARE TO TRADE WEB SITE AND CARE TO TRADE SERVICES "AS IS" AND EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CARE TO TRADE OR ITS AGENTS, OWNERS, OR EMPLOYEES SHALL CREATE A WARRANTY, AND USER MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. 14. Indemnity. User shall indemnify, defend, save, and hold harmless Care to Trade and its officers, agents, representatives, and employees from and against any and all liability, loss, damage, cost, and expense, including reasonable attorneys' fees, paid or incurred by reason of: (1) any breach or claim of breach of any of User's representations, warranties, or covenants; (2) User's use of the Care to Trade Services or Care to Trade web site or participation in any Transaction; or (3) any dispute between User and another User or third party. The provisions of this paragraph shall survive any termination of this Agreement, in whole or in part, for any reason whatsoever. 15. Limit of Liability. IN NO EVENT SHALL CARE TO TRADE, NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THIS WEB SITE OR THE CARE TO TRADE SERVICES, BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR THE LIKE) ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE CARE TO TRADE WEB SITE OR THE CARE TO TRADE SERVICES, EVEN IF CARE TO TRADE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WHATSOEVER SHALL THE LIABILITY OF CARE TO TRADE, NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THIS WEB SITE OR THE CARE TO TRADE SERVICES, TO USER OR ANY THIRD PARTIES EXCEED THE GREATER OF: (1) THE TOTAL FEES USER PAID TO CARE TO TRADE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY; OR (2) TWENTY FIVE DOLLARS ($25.00). 16. General Compliance with Laws. User shall comply with all applicable laws, statutes, ordinances, and regulations regarding User use of this web site, Care to Trade Services, and User's Bidding on, Listing, purchase, trade, and sale of items. As stated in paragraph three (3), USER FURTHER UNDERSTANDS THAT THEY MUST ADHERE TO THEIR GOVERNMENTS REGULATIONS ON BARTERING THEN IN EFFECT WHEN USING CARE TO TRADE. INFORMATION ON U.S. REGULATIONS MAY BE FOUND HERE. 17. Notices. Except as explicitly stated otherwise, any notices shall be given by email to administration at support@caretotrade.net (in the case of Care to Trade) or to the email address User provides to Care to Trade during the registration process (in User case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, Care to Trade may give User notice by certified mail, postage prepaid and return receipt requested, to the address provided to Care to Trade during the registration process, if any. In such case, notice shall be deemed given three days after the date of mailing. 18. General. This Agreement represents the complete and final agreement between the parties and supersedes any and all prior oral or written agreements in their entirety between Licensor and Licensee regarding the subject matter of this Agreement. This Agreement shall be deemed made and entered into in Broward County in the state of Florida and shall be governed and construed under and in accordance with the laws of the State of Florida. No conflicts-of-law rule or law that might refer such construction interpretation to the laws of another state, republic, or country shall be considered. The parties further acknowledge and agree that any legal action arising as a result of this Agreement shall occur in Broward County in the state of Florida, USA, and the parties agree to consent to jurisdiction and venue exclusively within the courts there. The parties covenant and agree that if either party fails or neglects for any reason to take advantage of any of the terms provided for here, any such failure or neglect by either party shall not be a waiver of any of the terms, covenants, or conditions of this Agreement or of the performance thereof. None of the terms, covenants, and conditions of this Agreement can be waived by either party except by its written consent. This Agreement does not constitute any party the agent of the other or create a partnership or joint venture between the parties, and no party shall have power to bind any other party in any way. If any word, sentence, paragraph, clause, or a combination thereof in this Agreement is found by a court or executive body with judicial powers having jurisdiction over this Agreement or any of the parties, in a final and unappealable order, to be in violation of any law, such words, sentences, paragraph, clauses, or combinations shall be inoperative and the remainder of this Agreement shall remain binding upon the parties. 19. Termination for Restriction of Access Care to Trade reserves the right, in its sole discretion, to terminate your access to any or all of Care to Trade's websites and the related services or any portion thereof at any time, without notice. Either Party may terminate this Agreement for any reason, at any time, with or without cause, based upon written notice. All obligations which accrued prior to the date of termination shall survive such termination. 20. Trademarks and Copyrights Trademarks, service marks, logos, and copyrighted works appearing in this site are the property of Care to Trade or the party that provided the trademarks, services marks, logos, and copyrighted works to Care to Trade. Care to Trade and any party that provided trademarks, service marks, logos, and copyrighted works to Care to Trade retain all rights with respect to any of their respective trademarks, service marks, logos, and copyrighted works appearing in this site. This provision preserves proprietary rights to trademarks and copyrights to the website owner or any other party with such rights. All contents of Care to Trade's websites are Copyrighted. All rights reserved. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. 21. Proprietary Information The material and content accessible from this site, and any other website owned, operated, licensed, or otherwise controlled by Care to Trade (the "Content") is the proprietary information of Care to Trade or the party that provided or licensed the Content to Care to Trade, whereby such providing party retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of Care to Trade, except that you may print out a copy of the Content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms of Use violates Care to Trade intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this site. 22. Restrictions on Use You may use this site for purposes expressly permitted by this site. As a condition of your use of Care to Trade's website(s), you warrant to Care to Trade that you will not use the website(s) for any purpose that is unlawful or prohibited by these terms, conditions, and notices. For example, you may not (and may not authorize any party to) (i) co-brand this site, or (ii) frame this site, or (iii) hyper-link to this site, without the express prior written permission of an authorized representative of Care to Trade. For purposes of these Terms of Use, "co-branding" means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this site or content accessible within this site. You agree to cooperate with Care to Trade in causing any unauthorized co-branding, framing or hyper-linking immediately to cease. In addition, you may not use Care to Trade's website(s) in any manner which could disable, overburden, damage, or impair the website(s) or interfere with any other party's use and enjoyment of the website(s). You may not obtain or attempt to obtain any materials, content, or information through any means not intentionally made available or provided for through the website(s). You are further prohibited from advertising any business or website in such a manner as to be soliciting Care to Trade visitors. You may, at the option of Care to Trade, pay to advertise your business or website. Care to Trade and its affiliate(s) reserve the right to remove any ad placed on www.caretotrade.com, with or without notification to visitors or members. 23. Hyper-Links This site may be hyper-linked to other sites which are not maintained by, or related to, Care to Trade. Hyper-links to such sites are provided as a service to users and are not sponsored by or affiliated with this site or Care to Trade. Care to Trade has not reviewed any or all of such sites and is not responsible for the content of those sites. Care to Trade is not responsible for webcasting or any other form of transmission received from any hyper-linked site. Hyper-links are to be accessed at the user's own risk, and Care to Trade makes no representations or warranties about the content, completeness or accuracy of these hyper-links or the sites hyper-linked to this site. Care to Trade provides hyper-links as a convenience, and the inclusion of any hyper-link to a third-party site does not necessarily imply endorsement by Care to Trade of that site or any association with its operators. Last Updated: 1/13/2007
ShareThis