Your use of this web site (and any related Tradzer applications and software) (the "Tradezer service"), which is owned by Tradezer, LLC ("Tradezer") (inclusive of any and all affiliated entities and any entities owned or controlled, in whole or in part, by Tradezer), is subject to the below terms (the "Terms").
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. BY USING THE TRADEZER WEB SITE, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY ALL OF THE FOLLOWING TERMS AND CONDITIONS OF THIS WEBSITE AND ANY RELATED WEBSITE. IF YOU DO NOT AGREE WITH THESE TERMS, THEN DO NOT CLICK THE CONTINUE BUTTON.
You may not use the Tradezer service and may not accept the Terms if (i) you are not of legal age, 18 years old, to form a binding contract with Tradezer and do not have verifiable permission from a parent or legal guardian, or (ii) you are a person barred from receiving the Service under the laws of the United States or other countries including the country in which you are resident or from which you use the Service.
Tradezer provides a mobile and online service where registered users may upload photographs of, list and trade items with other users.
You may also be permitted to register for the Tradezer service directly. Whether you choose to register for the Tradezer service directly or through a third party service, you agree to provide and maintain true, accurate, current and complete information about yourself. Registration data and certain other information about you are governed by our Privacy Policy. Tradezer reserves the right to refuse access to, or use of the Tradezer service to anyone, at anytime, in its sole discretion.
You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Tradezer of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Tradezer service. Tradezer will not be liable for any loss or damage arising from your failure to comply with this paragraph.
You acknowledge and agree that Tradezer may modify features or stop (permanently or temporarily) providing the Tradezer service (or any features within Tradezer) to you or to users generally at any time in Tradezer's sole discretion, without prior notice to you. Tradezer shall not be liable to you or to any third party for any changes or discontinuance of the Tradezer service.
You may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Service. You agree that any registration information you give to Tradezer will always be accurate, correct and up to date.
You agree to use the Service only for purposes that are permitted by (i) the Terms and (ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).
You agree that you will not engage in any activity that interferes with or disrupts the Service (or the servers and networks which are connected to the Service).
You acknowledge that Tradezer is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Service which Tradezer provides may change from time to time without prior notice to you.
As part of Tradezer's continuing innovation, you acknowledge and agree that Tradezer may stop (permanently or temporarily) providing the Service (or any features within the Service) to you or to users generally at Tradezer's sole discretion, without prior notice to you. You may stop using the Service at any time. You do not need to specifically inform Tradezer when you stop using the Service.
You acknowledge and agree that if Tradezer disables access to your account, you may be prevented from accessing the Service, your account details or any files or other content which is contained in your account.
You acknowledge and agree that while Tradezer may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Service or on the amount of storage space used for the provision of the Service, such fixed upper limits may be set by Tradezer at any time, at Tradezer's discretion and Tradezer may apply limits to you that are different than other users and Tradezer reserves the right to terminate the Service at any time in its sole discretion for exceeding the limits that apply to you. You agree that Tradezer may use all data uploaded, stored or used in connection with or by the Service for any purpose.
When you access the Tradezer through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain mobile services may be prohibited or restricted by your carrier, and not all mobile services may work with all carriers or devices.
Unless you have been specifically permitted to do so in a separate agreement with Tradezer, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Service for any purpose. Furthermore, you may not copy, download, distribute, or make any other unauthorized use of the Service including its source code.
You agree that you are solely responsible for (and that Tradezer has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Tradezer may suffer) of any such breach.
You are solely responsible for all descriptions, pictures of items, listings, information, data, text, software, music, sound, graphics, video, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “post”) or otherwise transmit via Tradezer, and for all items that you trade via Tradezer. The following are examples of the kind of items, content and/or use that is illegal or prohibited by Tradezer. Tradezer reserves the right to investigate and take appropriate legal action against anyone who, in Tradezer’s sole discretion, violates this provision, including without limitation, removing the offending items or content from the Tradezer service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Tradezer service to:
Software available in connection with the Tradezer service and the transmission of applicable data, if any, is subject to United States export controls. No software may be downloaded from the Tradezer service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Tradezer service, including as it concerns online conduct and acceptable content.
Registering for the Tradezer service is free; however, Tradezer charges certain fees for various transactions effected through the Tradezer service. The Tradezer Fee Policy is available at [Tradezer.com; $1.99 per trade, $4.99 unlimited monthly usage, or $6.99 per industrial trade] and is incorporated herein by reference. Unless otherwise stated, all fees are quoted in U.S. Dollars. In addition to the applicable listing fee, traders are responsible for paying all shipping costs and all applicable sales, excise, import, export, VAT and other taxes or duties associated with trades through the Tradezer service. Traders are responsible for all income taxes associated with the trade of any items through the Tradezer service.
To list any item for trade you must have a valid credit card, a third party credit card processor may store your credit card information. By agreeing to pay for a transaction with your credit card, you authorize the third party credit card processor to charge your credit card.
We reserve the right to change or discontinue, temporarily or permanently, some or all of the fees for the Tradezer service (including to lower fees for promotional events), and such changes are effective when we post information about the fee change through the Tradezer service. Additionally, we may change our Fee Policy at any time and in our sole discretion, and any changes to the Fee Policy are effective upon the posting of such changes to the Fee Policy.
You acknowledge and agree that Tradezer (or Tradezer's licensees, designees, or assignees) own all legal right, title and interest in and to the Service, including without limitation any intellectual property rights that subsist in the Service (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Service may contain information which is designated confidential by Tradezer and that you shall not disclose such information without Tradezer's prior written consent.
Unless you and Tradezer have agreed otherwise in writing, nothing in the Terms gives you a right to use any of Tradezer's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. Nothing contained herein shall be construed as granting you a license under any copyright, trademark, patent or other intellectual property right of Tradezer or any third party, except for the right of use license expressly set forth herein.
The Tradezer service acts as an open marketplace for users to interact with other users to trade items. Tradezer only provides a service, is not involved in any transaction between traders who use the Tradezer service, does not obtain title to any traded items and does not act as a trader, buyer or seller (or agent for traders, buyers or sellers) with respect to any such transactions. There are risks that you assume when dealing with other users (including those who may be acting under false pretenses). You agree that all of these risks are borne by you, and not Tradezer. Tradezer does not control the behavior of users of the Tradezer service or the information or other content provided by other users that is made available through the Tradezer service. As a result, Tradezer does not guarantee or endorse the authenticity, quality, safety, or legality of any items offered or sold, the truth or accuracy of any listings, or the ability of traders to trade items. Tradezer cannot assure that all transactions will be completed. Additionally, Tradezer does not guarantee the ability or intent of users to fulfill their obligations in any transactions.
FOR EVERY TRANSACTION THAT IS COMMENCED THROUGH OUR SITE, YOU MUST MAKE YOUR OWN INDEPENDENT DETERMINATION REGARDING THE STATEMENTS, PRODUCT DESCRIPTIONS OR THE REPRESENTATIONS OF THE OTHER PARTY AND THE PARTY’S ABILITY TO DELIVER THE ITEM(S) OFFERED. PLEASE USE CAUTION, COMMON SENSE, AND PRACTICE SAFE TRADING WHEN DEALING WITH OTHER USERS OR OTHERWISE USING THE SITE.
Because user authentication on the Internet is difficult, Tradezer cannot and does not independently confirm each user’s purported identity. Thus, we have established an item commenting system to help you evaluate the user with whom you are dealing. We also encourage you to communicate directly with potential traders through the features available through the Tradezer service.
Tradezer prohibits the listing or trade of any item that is illegal under any applicable law, statute, ordinance, or regulation, including without limitation items listed in our Prohibited Items Policy available at incorporated by reference into these Terms of Service.
Tradezer does not currently allow returns of items, but Tradezer does strive to make its users happy. If the item you receive is damaged, the wrong item or not as described, or if any items are missing, then you must contact us within such 5-day time period at support@tradezer.com to let us know.
You are solely responsible for the content you post or transmit on or through the Tradezer service (collectively, “User Content”). You will not post any content that you did not create or that you do not own all right, title and interest in and to, including, without limitation, all copyright and rights of publicity contained therein.
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 Tradezer are non-confidential and Tradezer shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that Tradezer may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Tradezer, its users and the public. You understand that the technical processing and transmission of the Tradezer service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE TRADEZER SERVICE IS AT YOUR SOLE RISK AND THAT THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE."
YOU MAY NOT DOWNLOAD OR OBTAIN ANY MATERIAL ON OR THROUGH THE TRADEZER SERVICE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE TRADEZER SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE AND LIABLE, AND SHALL DEFEND AND INDEMNIFY TRADEZER WITH RESPECT THERETO, FOR ANY DAMAGE TO YOUR COMPUTER, A THIRD PARTY COMPUTER OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR PROHIBITED USE OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TRADEZER OR THROUGH OR FROM THE TRADEZER SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
TRADEZER FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TRADEZER, ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE, WITHOUT LIMITATION, LIABLE TO YOU FOR: (i) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICE, OR OTHER INTANGIBLE LOSS; (ii) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF: (I) ANY CHANGES WHICH TRADEZER MAY MAKE TO THE TRADEZER SERVICE, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE TRADEZER SERVICE (OR ANY FEATURES WITHIN THE TRADEZER SERVICE); (iii) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE TRADEZER SERVICE; (iv) YOUR FAILURE TO PROVIDE TRADEZER WITH ACCURATE INFORMATION; (v) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
The Terms constitute the whole legal agreement between you and Tradezer and govern your use of the Tradezer service and completely replace any prior agreements between you and Tradezer in relation to the Tradezer service.
You agree that if Tradezer does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Tradezer has the benefit of under any applicable law), this will not be taken to be a formal waiver of Tradezer's rights and that those rights or remedies will still be available to Tradezer.
If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
The Terms, and your relationship with Tradezer under the Terms, shall be governed by the laws of the State of Florida without regard to its conflict of laws provisions. You and Tradezer agree to submit to the exclusive jurisdiction of the courts located within the County of Walton, State of Florida to resolve any legal matter arising from the Terms or between you and Tradezer. Notwithstanding this, you agree that Tradezer shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. At no time shall you ever be entitled to seek or obtain equitable or injunctive relief.
You agree to indemnify, defend and hold Tradezer and its officers, directors, owners, and agents harmless from and against any and all claims, liability, losses, costs and expenses (including attorneys' fees) incurred by any of them in connection with any use or alleged use of the Tradezer service by any person.