Terms of Use
The Web sites at ://www.privatetradedollars.com; http://www.worldwidetradeboard.com (the "Site") are owned and operated by PRIVATE TRADE DOLLAR SYSTEM INC., a Florida corporation, doing business as PRIVATE TRADE DOLLAR SYSTEM (“The System”). These services are provided to you ("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 the Site. Except in writing signed by You 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
www.worldwidetradeboard.com,
www.privatetradedollars.com, and
www.mytradeboard.com.
Introduction
Welcome. By using the services available from the domains and sub-domains you are agreeing to the following terms with The System and the general principles for the web sites of our subsidiaries and international affiliates. If you have any questions, please refer to the Help sections on the Sites.
Before using www.PrivateTradeDollars.com or www.WorldwideTradeBoard.com you must read and accept all of the terms and conditions in, and linked to, this User Agreement and the Privacy Policy shown elsewhere on Sites. We strongly recommend that, as you read this User Agreement, you also access and read the linked information. By accepting this User Agreement, you also agree that your use of all System Sites (the "Site") will be governed by this User Agreement and Privacy Policy posted on those web sites.
This Agreement is effective on September 1st, 2008 for current users, and upon acceptance for new users.
Users of The System
Businesses and individuals who participate are contracting for services from The System and any claim they may exercise against The System shall be confined to those specified services and the quality of those services. These Users are not employees and are not agents of The System and affiliation with The System is limited to the conditions specified on the website
www.privatetradedollars.com 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;
Facilities and Products for Users
The System provides Users a secure and private online office at
www.privatetradedollars.com 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 necessary in conducting business and trading activities as a User of The System.
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
www.privatetradedollars.com 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 necessary in conducting business and trading activities as a Broker in The System.
The Internet
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. They are
www.mytradeboard.com and
www.worldwidetradeboard.com.
Using My Trade Board
This Website –
www.mytradeboard.com -- is a third-party service that The System contracts for to benefit Professional Trade Brokers™ and may or may not always be available. Brokers, on obtaining their license from The System, are instructed in the substantial benefits in trading that are available at this Website. Further terms for using this Website appear on that site
Using Worldwide Trade Board
The System provides and maintains
www.worldwidetradeboard.com exclusively for use by Brokers to showcase their trade inventories as well as those of their Users of Private Trade Dollars©. While using the Site, Brokers will not: Post content or items in an inappropriate category or areas on the Site; Violate any laws, third party rights, or our policies such as the Prohibited and Restricted Items policies; Use the Site if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from our Site; Fail to deliver payment for items traded or purchased by you, unless the seller has materially changed the item's description after you bid, a clear typographical error is made, or you cannot authenticate the seller's identity; Fail to deliver items traded or purchased from you, unless the buyer fails to meet the posted terms, or you cannot authenticate the buyer's identity; Manipulate the price of any item or interfere with other user's listings; Post false, inaccurate, misleading, defamatory, or libelous content (including personal information); Take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information from the Site or for using it for purposes unrelated to Worldwide Trade Board); Transfer your Worldwide Trade Board account (including feedback) and User ID to another party without our consent; Distribute or post spam, chain letters, or pyramid schemes; the Site; Distribute viruses or any other technologies that may harm Worldwide Trade Board, or the interests or property of Worldwide Trade Board users; Copy, modify, or distribute content from the Site and Worldwide Trade Board's copyrights and trademarks; or Harvest or otherwise collect information about users, including email addresses, without their consent.
Abusing Worldwide Trade Board
Worldwide Trade Board and the Community work together to keep the site working properly and the Community safe. Please report problems, offensive content, and policy violations to us. Without limiting other remedies, we may limit, suspend, or terminate our service and user accounts, prohibit access to our Website, 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.
Users and Services
Using Worldwide Trade Board and trading for or buying listed items is free for Professional Trade Brokers in The System. No other users are permitted and if posted through manipulation will be promptly removed. Changes to that Policy are effective after we provide you with at least fourteen days' notice by posting the changes on the Site. We may choose to change policies at any time with a 14-day notification. Use of the www.WorldwideTradeBoard.com and www.MyTradeboard.com are optional add-on services of The System that may be discontinued at any time with a 14-day notification.
Content License
When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future. (We need these rights to host and display your content.)
Liability
You will not hold The System responsible for other users' actions or inactions, including things they post. You acknowledge that we are not a broker and are never involved in any trade transaction. Instead, the Site is a venue to allow Professional Trade Brokers™ to offer, sell, and buy just about anything, at anytime, from anywhere, in a variety of pricing formats and venues, such as stores, fixed price formats and barter-style formats. We are not involved in the actual transaction between buyers and sellers. We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction. We do not transfer legal ownership of items from the seller to the buyer, and nothing in this agreement shall modify the governing provisions of the State of Florida. Further, we cannot guarantee continuous or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of our Site. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
Regardless of the previous paragraph, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total fees you paid to us in the 12 months prior to the action giving rise to the liability, and (b) $100.
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.",
TRANSACTIONS
When a transaction occurs, The System has no control over the quality, safety or legality of the item or service exchanged. The Sites are a venue for You as a Member to receive requests from interested Traders The System does not guarantee sales or results. You may receive any number of requests a day, or may receive zero requests for products or services on any given day and possibly throughout your participation in The System. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All listed items must be listed in an appropriate category. All items in multiple item listings must be identical. Where a Broker is placing a client’s product on
www.worldwidetradeboard.com it is acceptable that said client’s own Website URL be entered if desired.
TRADER OBLIGATIONS
You agree to provide current, true, accurate, and complete information as prompted by the registration process. If You do not, The System has the right to deny, suspend or terminate your Service. The email address used to register must be distinct to You. You will receive an email, usually within minutes or hours, notifying You whether your registration has been approved. The System. may deny You use of the Service at its sole discretion. Specifically, the following Businesses are ineligible to participate in the Service:
- Dealers in child pornography;
- Dealers in chemicals for human use or consumption;
- Dealers in explosive products;
- Dealers in any product or service illegally obtained or designed primarily for illegal use or harm to other people.
If You as a Member come across any posting on this Web site that you believe contains child pornography or other illegal material, please contact The System. and we will contact the authorities as may be appropriate.
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 contains robot exclusion headers. Much of the information on the Site 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 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 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 Bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.
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.
WARRANTY DISCLAIMER
You use the Services at Your own risk. THE SERVICE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. NEITHER THE SYSTEM NOR ANY OF ITS PARTNERS MAKES ANY WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES OR ANY CONTENT OR PRODUCTS, AND HEREBY DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGMENT. As some states do not allow the disclaimer of implied warranties, the above limitations may not apply to you.
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 THE AMOUNT FEES YOU PAY US IN THE TWELVE MONTHS PRIOR TO THE DATE THE CAUSE OF ACTION AROSE. 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 you and The System, our goal is to provide you 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 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