Terms of UseThe Web site at www.privatetradedollars.com (“Site”) is owned and operated by PRIVATE TRADE DOLLAR SYSTEM INC., a Florida corporation, doing business as PRIVATE TRADE DOLLAR SYSTEM (“The System” or “The Product”). These services are provided to you (“User” or "Broker" or “Member”) under the following terms and conditions (the "Agreement"). Do not use or access our Services if you do not agree to be bound by the terms and conditions of this “Agreement”. PRIVATE TRADE DOLLAR SYSTEM INC may amend this “Agreement” at any time by posting the amended terms and conditions on “Site”. Except in writing signed by “User” and “The System” this “Agreement” may not be otherwise amended.
The following describes the terms on which “The System” offers its users access to our Internet services, including but not limited to “Site”.
IntroductionBy using the services available from the domains and sub-domains you are agreeing to the following terms with “The System”:
Before using the “Site” in connection with the “The System” you must read and accept all of the terms and conditions in and linked to this “Agreement” and the Privacy Policy shown elsewhere on “Site”. We strongly recommend that, as you read this “Agreement”, you also access and read the linked information. By accepting this “Agreement”, and if your are or become a Professional Trade Broker in “The System”, you agree that your use of certain “System” sites reserved exclusively for "Broker’s" use will be governed by this “Agreement” and Privacy Policy in addition to the Terms of Use and Privacy Policy posted on any “System” websites or “System”-associated websites utilized by the "Broker".
This “Agreement” is effective on April 1, 2008 for current users, and upon acceptance for new users.
Users of The SystemBusinesses and individuals who participate are contracting for services (“The Product”) from “The System” and any claim they may exercise against “The System” shall be confined to “the Product”, its specified services and the quality of those services. Purchasers of “the Product” and Professional Trade Brokers are not employees and are not agents of “The System” and affiliation with “The System” is limited to the conditions specified on the “Site” or as may appear elsewhere in writing by a duly authorized officer or agent of said corporation. “The System” does not act as a participant or third-party bookkeeper in any trade transaction and does not share in any trading fees or commissions; “The System” does not judge the merit of the product or service offered by any user of Private Trade Dollars™ nor does “The System” approve, disapprove or endorse any “User” of “The System”.
Use of Private Trade Dollars™Private Trade Dollars™ are due bills issued independently by each “User” in “The System” and are to have no redemption value at any place except at the place of the issuing party or as specified on certificate. Any “User” alleging that their Private Trade Dollar™ certificate is generally redeemable at other places will be in violation of this agreement and, upon discovery, may be denied all future privileges and benefits of “The System”.
Facilities and Products for Users
“The System” provides “Users” a secure and private online office at “Site” with extensive proprietary and copyrighted documents, forms and tools for trading and may not be reproduced, electronically or by paper copy for any purpose except as useful in conducting business and trading activities as a “User” of “The System”. It is intended that the “Site” be available for use at all times, every day of the year; however, for short purposes and technical reasons the “Site” could be unavailable at any given time.
Online office at www.privatetradedollars.com
“Users” are provided a permanent online office where they can customize Private Trade Dollars and maintain an extensive list of trading forms, proposals and bookkeeping documents which can be saved, emailed or printed. “The System” hosting facility maintains secure and extensive backup of “The System” files. It is important that valuable documents created online be saved by the “User” offline because “The System” does not compensate for lost files. In such case where a User file is lost or damaged and the claim ends up in court, “The System’s” total liability will not be greater than the Membership fee of $279. “Users” must agree not to use the facilities of the online office for any illegal or unethical purpose and to do so may constitute sufficient grounds for termination of the “User’s” privileges and rights in “The System”. Without limiting other remedies, we may limit, suspend, or terminate our service and user accounts, prohibit access to our websites, remove hosted content, and take technical and legal steps to keep users off the “Site” if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts.
Warranty of Private Trade Dollar printed certificates
When users place orders for Private Trade Dollar™ certificates it is to be accompanied by the information the “User” wishes printed on the certificates. The graphics department of “The System” then sets and composes the certificate and sends a proof to the “User”, who may make further changes within “The System” guidelines. Another proof will be sent for “User’s” approval and no further changes may be made except to correct an error or mistakes made by “The System”, in which case a final proof will be sent for “User’s” signoff. Should the final product received by the “User” reflect an error caused by “The System” and not reflected in final proof, the order will be redone and shipped to “User” without cost.
Return of purchase policy
“The System” will return 100% of the amount paid to “The System” for “the product” or for a Professional Trade Broker’s License when requested in writing within three (3) business days of receipt of payment. Payment funds must have cleared bank timelines for them to be returned. Should this be longer than three days the payment will be returned within two days of clearance of funds.
Member Referral fees
Each “User” is electronically assigned a special referral number and this is used to access a personal online office and “User’s” business and trading files and to make and issue trade dollar payments online. In addition, this special number serves to track the growth of new “Users”. You, as a “User”, will receive a “Member Referral Fee” for anyone who purchases “The System” and enters your “Referral Number” on their application. Referral payments are automatically sent upon completion of a purchase and a record of transactions is automatically maintained in each “User’s” online office. A Referral Number may not be added retroactively by a “Member” and a referral fee claimed; however, the “Broker” of issue may, to preserve continuity for future referral payments, request that the proper referral number be added by written communication with “The System”.
Broker Referral fees
Each "Broker" is electronically assigned a special referral number and this is used to access a personal online office and “User’s” business and trading files and to make and issue trade dollar payments online. In addition, this special number serves to track the growth of new “Users”. "Brokers” receive a “Member” Referral Fee” for anyone they cause to purchase “The System” who enters the “Broker’s” “Referral Number” on their application. In addition, "Brokers" receive an additional referral fee for each “Member”-to-“Member” referral in their group without any generational limit so long as the referring “Member’s” Referral Number is entered on each new Membership application when submitted. A Referral Number may not be added retroactively by a “Member” and a referral fee claimed nor will a “Broker” be eligible for a fee retroactively; however, the “Broker” of issue, to preserve continuity for future referral payments, may request that the proper Referral Number be added by written communication with “The System”. In case of a Broker referral of a new Broker, referral fees will only be paid when the new “Broker” enters a “Referred By” number on their purchase of a “Broker’s” license. Without such a number, no referral fee will be paid and there can be no retroactive processing of a referral claim. Referral payments are automatically issued upon completion of a purchase and a record of transactions is automatically maintained in each "Broker’s" online office.
Professional Trade Broker network
“The System” maintains a network of independent Professional Trade Brokers who must sign and agree to certain terms and conditions in addition to Terms specified on “Site”.
Professional Trade Brokers
Professional Trade Brokers (“Brokers”) are licensed users of “The System” and are not officers or employees of Private Trade Dollar System Inc. “Brokers” engage in business as independent agents; “Brokers” set and collect their own fees and are responsible for maintaining their own financial and tax records. A secure and private online office is provided “Brokers” at “Site” with extensive proprietary and copyrighted documents, forms and tools for trading and may not be reproduced, electronically or by paper copy for any purpose except as useful in conducting business and trading activities as a “Broker” in “The System”.
Special Broker websites
“The System” provides certain optional Internet facilities for use by “Brokers” only and these facilities may be added to or changed from time to time. These are made available for “Brokers” in “The System” as add-on benefits to expedite trading and are not required in the functioning of “The System” or in operating a trade brokerage business. When these optional facilities include a third-party service that “The System” contracts for to benefit “Brokers” it is agreed and understood that any such sites may or may not always be available. Further terms for “Brokers” using these website appear on each site and “Brokers” agree to abide by those terms or agrees not to use those sites.
RELEASE
Because we are not involved in the actual transaction between “Members” and businesses, in the event that You as a “User” have a dispute, for any reason, You release “The System”. (and our officers, directors, agents, and employees) form claims, demands, and damages (actual or 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. If You as a “Member” are a California resident, you waive California Civil Code §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."
Release
If you have a dispute with one or more “Users”, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
Access and Interference
The “Site” and broker “System” sites contain robot exclusion headers. Much of the information on the sites is updated on a real-time basis and is proprietary or is licensed to “The System” by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the “Site” or sites for any purpose without our express written permission. Additionally, you agree that you will not: Take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure; copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for Your Information) from the “Site” or sites without the prior expressed written permission of “The System” and the appropriate third party, as applicable; Interfere or attempt to interfere with the proper working of the “Site” or any activities conducted on the “Site” or sites; or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the “Site” or sites.
Privacy
We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in the “Site” Privacy Policy. We view protection of users' privacy as a very important community principle. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. You can access and modify the information you provide us and choose not to receive certain communications by signing-in to your account. We use third parties to verify and certify our privacy principles. For a complete description of how we use and protect your personal information, see the “Site” Privacy Policy. If you object to your Information being transferred or used in this way, please do not use our services.
Indemnity
You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees), harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this “Agreement”, or your violation of any law or the rights of a third party.
No Agency
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this “Agreement”.
Notices
Except as explicitly stated otherwise, legal notices shall be served on “The System’s” national registered agent or to the email address you provide to “The System” during the registration process (in your 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, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.
DISCLAIMER OF WARRANTIES
THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. THE SYSTEM DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL “THE SYSTEM” OR OUR PARTNERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITES, THE USE OR THE INABILITY TO USE THE SERVICE OR THIS “AGREEMENT” (HOWEVER ARISING, INCLUDING NEGLIGENCE) OUR LIABILITY, AND THE LIABILITY OF OUR PARTNERS TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO $279. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation and exclusions may not apply to you.
Resolution of Disputes
If a dispute arises between “User” and “The System”, our goal is to provide “User” with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and “The System” agree that we will resolve any claim or controversy at law or equity that arises out of this “Agreement” or our services (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by going to Contact Us. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
Law and Forum for Disputes - This “Agreement” shall be governed in all respects by the laws of the State of Florida, U.S. as they apply to agreements entered into and to be performed entirely within Florida between Florida residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against “The System” must be resolved by a court located in Florida, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within Florida for the purpose of litigating all such claims or disputes.
Arbitration Option - For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The “ADR” provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Improperly Filed Claims - All claims you bring against “The System” must be resolved in accordance with this Resolution of Disputes Section. All claims filed or brought contrary to the Resolution of Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Resolution of Disputes Section, “The System” may recover attorneys' fees and costs up to $1000, provided that “The System” has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
Additional Terms
Each of these policies may be changed from time to time. Changes take effect when we post them on the “Site”. When using particular services on the “Site”, you are subject to any posted policies or rules applicable to services you use through the Site, which may be posted from time to time. All such policies or rules are hereby incorporated into this “Agreement”.
General
“The System’s” operations headquarters is located in Ft. Myers, Florida. We are located only inside the United States of America. If any provision of this “Agreement” is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, we may assign this “Agreement” in accordance with the Notices Section Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this “Agreement”.
We may amend this “Agreement” at any time by posting the amended terms on the Site. Except as stated elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted on the “Site”. Additionally, we will notify you through the “Site's” message center tools. This “Agreement” may not be otherwise amended except in a writing signed by you and us. This “Agreement” sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The following Sections survive any termination of this “Agreement”: Fees and Services (with respect to fees owed for our services), Release, Content License, Liability, Indemnity and Resolution of Disputes.
You may report complaints to the Florida Consumer Complaint Guide.