Take It In Trade (“TIIT”) is an online
community and information system that allows its members to buy, sell and trade
a variety of goods and services.
This is a legal
agreement (“Agreement”) between You and TIIT, Inc., d/b/a TIIT and http://www.takeitintrade.com
(the “Company”). The Site and the Services are provided by the Company,
which may be contacted at c/o Wites & Kapetan, P.A., 4400 North Federal Highway, Lighthouse
Point, Florida, 33064. By accessing the Company
website, located at http://www.takeitintrade.com (the “Site”), and registering to use
any of the Services accessible through the Site, You become a member (a
“Member”) of Take It In Trade, and agree to be bound by the terms and
conditions of this Agreement for as long as You continue to use the Site or the
Services. IF YOU OBJECT TO ANY PROVISIONS WITHIN THIS AGREEMENT,
AND YOU DO NOT AGREE TO BE BOUND, DO NOT USE THE SITE OR THE SERVICES.
This Agreement is subject to change by the Company at any time, with or without
notice, and Your continued use of the Site or the Services after the posting of
revisions to this Agreement on the Site constitutes acceptance of such
revisions.
The following terms have the following
meanings in this Agreement, unless the context requires otherwise:
“Agreement”
means the agreement between You and TIIT, incorporating these terms and
conditions for the provisions of the Service, as revised from time to time in
the manner set forth herein;
“We, Us, Our”
means the Company; and
“You, Your,
Yourself” means the person who accesses the Site, registers for and
uses the Services, accepts the terms and conditions of this Agreement, and
whose application for membership to the Site and the Services is accepted by
Us.
1.
Acceptance of Terms of Use Agreement.
This Agreement
constitutes a legally binding contract between You and Us setting out the terms
and conditions of Your access and use of the Site and the Services. By
accessing the Site and registering to become a Member, You agree to and accept
the terms and conditions of this Agreement.
2.
Eligibility for Use of Site and Services.
a.
Minimum Age. In order to access and use the Site and the Services,
You must be at least 18 years of age (or the age of majority in Your
jurisdiction).
b. Criminal
Background. By accessing, registering to use, or using the Site or
the Services, You warrant that You have never been convicted of a felony and
You are not required to register as a sex offender. THE COMPANY
DOES NOT CONDUCT BACKGROUND SCREENINGS ON ITS MEMBERS.
3.
Member Use of Site and Services.
a.
Geographic Limitation. As a Member, You agree to use the Site and
the Services within the United States,
and in a manner consistent with any and all applicable local, state, and
national laws, rules and regulations of the United States. You warrant
that You are not located in, under the control of, or a national or resident of
any country which the United States has (i) embargoed goods, (ii) identified as
a “Specially Designated National,” or (iii) placed on the Commerce Department’s
Table of Deny Orders. Your use of the Site and the Services must be in
compliance with the laws of Your jurisdiction and neither the Site nor the Services
may be used by You where such use is prohibited by law.
b.
Liability for Member Information Submitted. As a Member, You are
solely responsible for, and assume all liability for, (i) the information and
content You provide to the Site and the Services, (ii) the information and
content You post, transmit, publish, or otherwise make available (hereinafter
“post”) for the use of other members through the Site and the Services, and
(iii) Your interactions with other members through the Site and the Services.
c.
Assumption of Risk. When using the Site and the Services, You
assume any and all risks, including but not limited to, any and all of the
risks associated with any online or offline interactions with other members.
d.
Restrictions on Posting and Communication. You agree to not post,
transmit to other members, communicate any content, or otherwise engage in any
activity on the Site or the Services, that:
i. is patently offensive to the online community
in that it promotes racism, bigotry, hatred, or physical harm of any kind
against any group or individual;
ii. is intended to harass, annoy, threaten or
intimidate other members of the Site or the Services;
iii. is perceived by the online community as
defamatory, inaccurate, obscene, profane, offensive, sexually oriented, or
otherwise objectionable;
iv. includes the unauthorized use of others’
copyrighted content including but not limited to, music, movies, photographs,
software, and images;
v. includes the unauthorized use of others’ videos,
audio photographs, or images of another person;
vi. solicits and obtains personal information
pertaining to persons under the age of 18;
vii. contains material that exploits persons
under the age of 18 in a sexual or violent manner;
viii. enables and/or promotes, through
instructional information, illegal or unlawful activities such as how to make
or buy illegal weapons or drugs, violate someone’s privacy, obtain others’
identity information, create or disseminate computer viruses, or circumvent
copy-protected devices;
ix. intends to defraud, swindle or deceive other
members of the Site and the Services;
x. is used for or in connection with spamming,
phishing, trolling, or similar activities;
xi. transmits chain letters, junk mail or spam
e-mails;
xii. solicits gambling or engages in any gambling
or similar activity; or
xiii. is used to impersonate, or otherwise
misrepresent, affiliation, connection or association with, any person or
entity.
4.
Member Information on the Site.
a.
Contact Information. You agree that You will not post any personal
contact information such as telephone numbers, street addresses, last names,
email addresses, personal website addresses, or any information You may have on
a third party website.
b.
Use of False Information. You agree that You will not provide
inaccurate, misleading or false information to the Company or to any other
member. Should any of the information You provide to the Company become
inaccurate, misleading or false, You will notify the Company of such change
within a reasonable period of time of such change.
c.
Privacy Statement. For information regarding the collection and
possible use of information and material provided by You to Us, please view the
Company’s Privacy Statement located on the Site. By accessing and using
the Site or the Services, You are consenting to the terms of the Company’s
Privacy Statement.
d.
Disclosure by Law. You agree and accept that We may disclose Your
information if required to do so by law, at the request of a third party, or if
We, in Our sole discretion, deem the disclosure reasonably necessary to (1)
comply with the law, requests or orders from law enforcement, or any legal
process, (2) protect or defend the Company’s, or a third party’s, rights or
property, or (3) protect another’s health or safety, including but not limited
to situations when harm or violence against any person, including the member,
is threatened.
5.
Security of Account.
You acknowledge and
agree that You are responsible for the protection of Your user name and
password. You agree that You will not share Your password with anyone, or
allow anyone to access Your account.
6.
Removal of Information.
You agree the Company
reserves the right, but has no obligation, to monitor the information or
content posted on any areas of the Site. We have the right to remove any
such information or content that, in Our sole discretion, violates, or may
violate, any applicable laws, rules and regulations or the terms and conditions
of this Agreement. We reserve the right to remove and delete any
information or content You post on the Site that We, in Our sole discretion,
determine to be, including but not limited to, offensive, obscene, abusive,
threatening, defamatory, or profane.
7.
Communication of Company to Member.
The Company will
communicate directly with You through the e-mail address You provide at the
time of registration or through the telephone number voluntarily provided by
You in order to notify You of important changes to the Site or the Services.
8.
Ownership of Proprietary Rights.
The Company owns and retains
all proprietary rights in the Site and the Services pertaining to copyrighted
material, trademarks, database rights, design rights, patents, and other
proprietary information of the Company, and its licensors. You agree not
to use, display, reproduce, modify, distribute, sell, publish, create
derivative works of, display or in any way exploit any copyrighted content,
including but not limited to, pictures, logos, images and text. You agree
to refrain from using any trademarks, including but not limited to, names,
graphics, designs, logos, page headers, scripts, commercial markings, trade
dress, and service marks, in any manner likely to cause confusion, or in a
manner that discredits, the Site. Except for information placed in the
public domain or for which You have been granted written permission by the
Company or its licensors, You may not copy, modify, transmit, distribute,
perform, display, or sell any proprietary information contained on the Site.
9.
License to Use Posted Content.
Your posting of
information or content to any member profile pages or public areas of the
Services automatically grants to the Company and its users, an irrevocable,
perpetual, non-exclusive, fully-paid, worldwide license to use, copy, modify,
adapt, publish, make, sell, reproduce, publicly perform, publicly display and
distribute such information and content, and to create derivative works from,
or incorporate such information and content into other works in any form,
media, or technology, and to grant and authorize sub-licenses of the
foregoing. By posting information or content to any member profile pages
or public areas of the Services, You represent and warrant that You have to the
right to grant such license. From time to time, in Our sole discretion,
We may create, test or implement new features, programs, or advertisements on
the Site in which you may voluntarily choose to participate, in accordance with
the additional terms and conditions of such features, programs or
advertisements. Your voluntary participation in such features, programs
or advertisements grants Us the rights stated in this subsection in connection
with the additional terms and conditions of such features, programs or
advertisements.
10.
Term and Termination of this Agreement.
This Agreement will
become effective upon Your acceptance of the terms and conditions of this
Agreement for access and use of the Site and/or the Services. This
Agreement will remain effective unless and until written notification of
termination is provided to the other party. Your membership with the
Company may be terminated at any time, with or without reason, and with or
without explanation, by either You or Us. You may terminate Your
membership by following the steps in the section under “Cancellation of this
Agreement” below. In the case of termination by the Company, You will be
provided notice of termination at the email address You provide in Your
registration for membership. The Company may terminate Your membership
without prior notice to You.
11.
Cancellation of this Agreement.
You may cancel Your
membership with TIIT at any time during the period of Your registration or use
of the Site and the Services by accessing the “Edit Your Details” page under
the “My Profile” option on your membership home page, clicking on “Cancel My
Membership” link, and providing the information requested. Termination of Your
account will be effective immediately.
12.
Modification of this Agreement.
This Agreement may be
modified at any time, with or without notice to You, by the Company in its sole
discretion. Such modifications are effective upon posting by the Company
on the Site. Your continued use of the Site and the Services after the
modifications to this Agreement have been posted on the Site constitutes Your
acceptance of such modifications.
13.
Assignment of Interests.
As a Member, Your
account is for Your personal use only. This Agreement may not be assigned
to or transferred to any third party or entity. The Company is not
responsible for any third party access to Your account resulting from the theft
or misappropriation of Your user name and password.
14.
Disclaimer of Liability.
a.
Warranties. The Site and Services are provided to You, as a
Member, on an “As Is” and “As Available” basis and We grant no warranties of
any kind, whether express, implied, statutory or otherwise with respect to the
Site or the Services. We expressly disclaim any implied warranties of
merchantability, fitness for a particular purpose, or non-infringement.
We do not warrant that Your use of the Site or the Services will be secure,
uninterrupted, always available, without error, or that Your use of the Site
and the Services will meet your requirements. We disclaim any and all
liability for, and no warranty is made with respect to, the connectivity and
availability of the Services.
b.
Member Acts or Omissions. Although each Member must agree to Our
terms and conditions as provided in this Agreement, We do not guarantee that
each member meets the required minimum age, nor do We accept responsibility or
liability for any content, communication, or other use or access of the Service
by persons under the age of 18. We disclaim all responsibility for the
use of any personal information by other members that You disclose on the
Site. We disclaim any and all liability, regardless of the form of cause
of action, for the acts or omissions of other members, including unauthorized
members, whether such acts or omissions occur during the use of the Site or the
Service, or otherwise.
c.
Third Party Content. We disclaim any and all liability for
opinions, advice, statements, offers, or other information or content made
available through the Service, but not directly by Us, and any loss or damage resulting
from any member’s reliance on such information or content posted on the
Site. We do not guarantee the accuracy, completeness or usefulness of any
information or content provided on the Site, nor do We adopt, endorse, or take
responsibility for, the accuracy of or reliability of any opinion, advice, or
statement made by any party other than Us.
d.
Third Party Links. As part of the Site and the Services, We may
provide, or third parties may provide, links to other websites or
resources. Because We do no retain any control over such third party
sites, We disclaim any and all liability and responsibility for any content,
advertising, products, or other materials on or available from such
sites. You acknowledge and agree that We are not responsible or liable,
directly or indirectly, for any damages or losses caused or alleged to be
caused by or in connection with Your use of, or reliance upon, any such
content, advertising, products, services, or other materials available through
such sites.
e.
Dealings with Advertisers and Sponsors. We disclaim any and all
liability for any loss or damages of any sort incurred as a result of any
dealings with third party advertisers and sponsors related to activities
involving, including but not limited to, business dealings or participation in
promotions of advertisers or sweepstakes sponsors found on or through the Site
sponsors.
15.
Release of Liability.
In the case of a dispute
between You and other members, You release Us, Our officers, directors, agents,
and employees, from any claims, demands and damages (actual and consequential) of
every kind and nature, known and unknown, arising out of or relating in any way
to such dispute.
16.
Limitation of Liability for Damages.
The Company will not be
liable, in any event, for any and all consequential, special, indirect, or
incidental damages, or any lost profits, arising out of or in connection with
this Agreement, even if We have been advised of the possibility of such
damages. The Company will not be liable to You for any and all
incidental, special, consequential or indirect damages arising out of or
relating to Your use of or inability to use the Site or the Services, including
but not limited to, damages for loss or corruption of data and programs,
interruptions of service, and Your procurement of substitute services. The
Company will not be liable for any damages, direct, indirect, incidental and/or
consequential, including but not limited to, physical damages, bodily injury or
emotional distress, arising out of Your use of the Site and the Services, and
Your communications and Your interactions with other members.
17.
Indemnification.
By accepting the terms
and conditions of this Agreement, You agree to indemnify and hold harmless the
Company, its officers, agents, employees and third parties, for any losses,
liabilities, and expenses, including reasonable attorney’s fees, relating to or
arising out of (a) Your use of the Site and the Services, (b) Your violation of
the terms and conditions of this Agreement, (c) any allegation that any
materials You submit to Us or transmit to the Site infringe or otherwise
violate the copyright, trademark, trade secret or other intellectual property
or other rights of any third party, and/or (d) Your violation of any applicable
laws, rules or regulations relating to Your use of the Site and Services.
18.
Entirety of Agreement.
This Agreement, which
You accepted upon registration to become a Member, the Privacy Statement
located on the Site, and any modifications and additional terms posted
hereafter, constitute the entire agreement between You and the Company
pertaining to Your use of the Site and the Services. This Agreement
supersedes any prior agreements between You and the Company pertaining to Your use
of the Site and the Services, including but not limited to, any prior versions
of the Agreement. This Agreement will survive termination of Your
registration to the Site.
19.
Waiver and Severability of Terms of Agreement.
The failure of the Company
to exercise or enforce any right or provision of this Agreement does not
constitute a waiver of such right or provision. If a court of competent
jurisdiction should find any provision of this Agreement to be void, invalid or
unenforceable, the parties agree that the court should give effect to the
parties’ intentions as reflected in the provision. In this case, the
remainder of this Agreement will continue in full force and effect.
20.
Choice of Law and Venue.
You agree that the laws
of the State of Florida
govern this Agreement. If either party files a cause of action for any
dispute arising out of or relating to this Agreement, the filing party will be
subject to the exclusive jurisdiction and venue of the federal and state courts
in Broward County, Florida.
21.
Date of Revision.
This Agreement was last
revised on June 8, 2010.
