Terms of Use Agreement
Welcome to ThisTradeSite.com, by using this site, you are agreeing to comply with and
be bound by the following terms of use. We respect and are committed to protecting
your privacy. That is why we have adopted this “Terms of Use Agreement.” Please review
the following terms carefully. If you do not agree to these terms, you should not use this
site. The term “SiteI(s)” or “us” or “we” or “our” refers to ThisTradeSite.com, the owner of
the Web site, advertisers, sponsors, investors, and employees. The term “you” refers to the
user or viewer of our Web Site.
Acceptance Through Use
By using the Site, you agree to be bound by all of the terms, conditions and notices
contained or referenced herein this Terms of Use Agreement (“Agreement”) with respect
to this site (the “Site”) whether you are a "Visitor" (which means that you simply browse
ThisTradeSite.com Website, including through a mobile device, or otherwise use
ThisTradeSite.com Services without being registered) or you are a "Member" (which
means that you have registered with ThisTradeSite.com) This Agreement constitutes the
entire and only agreement between us and you, and supersedes all prior or
contemporaneous agreements, representations, warranties and understandings with
respect to the Site, the content, products or services provided by or through the Site, and
the subject matter of this Agreement. You are only authorized to use ThisTradeSite.com
Services (regardless of whether your access or use is intended) if you agree to abide by
all applicable laws and the terms of this Agreement. If you wish to become a member
(user), communicate with other Members and/or make use of ThisTradeSite.com
Services, you must read this Agreement and indicate your acceptance by marking the
indicated area that you accept and are in agreement with the terms set forth in this
Terms of Use Agreement. This Agreement may be altered at any time by us; from time to
time without specific notice to you. The latest Agreement will be posted on the Site, and
you should review this Agreement prior to using the Site. Your continued use of the Site
constitutes your acceptance of the revised Terms of Use Agreement. If you do not agree
to all of the Terms of Use, you must exit the Site immediately.
Electronic Communication
When you visit ThisTradeSite.com or send e-mails to us, you are communicating with us
electronically. You consent to receive communications from us electronically. We may
send certain mandatory service communications such as welcome letters, information
on technical service issues, and security announcements. We may also occasionally
send you product surveys or promotional mailings to inform you of other products or
services available from ThisTradeSite and its affiliates. We will communicate with you by
e-mail or by posting notices on this site. When you receive newsletters or promotional e-
mail from ThisTradeSite.com, we may use customized links or similar technologies to
determine whether the e-mail has been opened and which links you click in order to
provide you more focused e-mail communications or other information. You agree that
all agreements, notices, disclosures and other communications that we provide to you
electronically satisfy any legal requirement that such communications be in writing. We
may collect information about your interaction with our site(s) and services. For example,
we may use website analytics tools on our site to retrieve information from your browser,
including the site you came from, the search engine(s) and the keywords you used to
find our site, the pages you view within our site, your browser add-ons, and your browser's
width and height. We may also use technologies, such as cookies to collect information
about the pages you view, the links you click and other actions you take on our sites and
services. We may collect certain standard information that your browser sends to every
website you visit, such as your IP address, browser type and language, access times and
referring website addresses.
Trademarks/Service Marks
" ThisTradeSite.com" and others are our service marks, registered service marks or
trademarks. Other product and company names mentioned on the Site may be
trademarks of their respective owners.
No Use by Children
The Site is not directed to, or intended for use by, children (defined as anyone age
thirteen (13) years of age or younger). Children should not use the Site or submit any
information to us.
Limited License; Permitted Uses
You are granted a non-exclusive, non-transferable, revocable license (a) to access and
use the Site strictly in accordance with this Agreement; (b) to use the Site solely for
internal, personal, non-commercial purposes; and (c) to print out discrete information
from the Site solely for internal, personal, non-commercial purposes and provided that
you maintain all copyright and other policies contained therein. No print out or
electronic version of any part of the Site or its contents may be used by you in any
litigation or arbitration matter whatsoever under any circumstances.
User’s Grant of Limited License
By posting or submitting any content or other materials to the Site (collectively, "User
Content"), you grant to us and our designees the right to trade, sell, license, rent, modify,
distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt,
edit or create derivative works from the User Content in any form, anywhere and for any
purpose. In addition, you represent and warrant that you own or otherwise control all of
the rights to the User Content and that the use of the User Content by the Site and/or its
designees as set forth in the preceding sentence will not infringe or violate the rights of
any third party. We may monitor, edit or delete the User Content as it appears on the Site
at any time and for any or no reason without your permission.
Intellectual Property
You acknowledge that all content and materials available at the Site (collectively,
"Content") are protected by national and international copyrights, trademarks, service
marks, patents, patent registration rights, trade secrets, know-how or other proprietary
rights and laws and, as between us and you, are owned exclusively by this Site.
ThisTradeSite respects the intellectual property of others, and requires that you (as a
member) do the same. Except where otherwise noted, you may download, print or view
individual pages at the Site for private, noncommercial use, provided you do not delete,
change or otherwise modify any of the Content, including, but not limited to, any
copyright or trademark notices. You may only use the Site and the Content as expressly
permitted herein and for no other purpose. Except as authorized by us in writing on a
case by case basis, you will not sell, license, rent, modify, distribute, copy, reproduce,
transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works
from any of the Content. The systematic retrieval of any of the Content to create or
compile, directly or indirectly, a collection, compilation, database or directory without
the written permission from us is prohibited. Unless otherwise indicated, all logos, names,
package designs and marks on the Site are trademarks or service marks and may not be
used without permission. Our policy is to terminate the online privileges of individuals who
repeatedly violate the copyrights of others.
Forms, Agreements & Documents
We may make available through the Site or through other Web sites sample and actual
forms, checklists, business documents and legal documents (collectively, “Documents”).
All Documents are provided on a non-exclusive license basis only for your personal one-
time use for non-commercial purposes, without any right to re-license, sublicense,
distribute, assign or transfer such license. Documents are provided for a charge and
without any representations or warranties, express or implied, as to their suitability, legal
effect, completeness, currentness, accuracy, and/or appropriateness. The Documents
are provided “as is”, “as available”, and with “all faults”, and we and any provider of the
Documents disclaim any warranties, including but not limited to the warranties of
merchantability and fitness for a particular purpose. The Documents may be
inappropriate for your particular circumstances. Furthermore, state laws may require
different or additional provisions to ensure the desired result. You should consult with legal
counsel to determine the appropriate legal or business documents necessary for your
particular transactions, as the Documents are only samples and may not be applicable
to a particular situation. Some Documents are public domain forms or available from
public records.
No Warranties/Legal Advice
Information contained on or made available through the Site is not intended to and
does not constitute legal advice. We do not warrant or guarantee the accurateness,
completeness, adequacy or currency of the information contained in or linked to the
Site. Your use of information on the Site or materials linked to the Site is entirely at your
Linking to the Site
You may provide links to the Site via our Contact information link, provided (a) that you
do not remove or obscure, by framing or otherwise, advertisements, the copyright
notice, or other notices on the Site, (b) your site does not engage in illegal or
pornographic activities, and (c) you discontinue providing links to the Site immediately
upon request by us. Direct commercial endeavors may only be used if they are
specifically endorsed or authorized by ThisTradeSite.com and we reserve the right to
remove commercial content in its sole discretion. Commercial advertisements affiliate
links, and other forms of unauthorized solicitation may be removed from the site without
notice or explanation and may result in termination of Membership privileges.
Advertisers
The Site may contain advertising and sponsorships. You may not upload, embed, post,
email, transmit or otherwise make available any material that infringes any copyright,
patent, trademark, trade secret or other proprietary rights of any person or entity.
Advertisers and sponsors are responsible for ensuring that material submitted for inclusion
on the Site is accurate and complies with applicable laws. We reserve the right to take
appropriate legal action for any illegal or unauthorized use of our services. We are not
responsible for the illegality or any error, inaccuracy or problem in the advertiser or
sponsor’s materials.
Registration
Certain sections of, or offerings from, the Site may require you to register. If registration is
requested, you agree to provide us with accurate, complete registration information.
Your registration must be done using your real name and accurate information. We may
ask you to provide personal information, such as your e-mail address, home or work
address, or telephone number. We may also collect demographic information, such as
your ZIP code, age, gender, preferences, interests and favorites. Each registration is for
your personal use only and not on behalf of any other person or entity. When you sign up
to become a Member, you will also be required to supply a password. You are entirely
responsible for maintaining the confidentiality of your password. You agree not to use
the account, username, or password of another member at any time or to disclose your
password to any third party. If you are sharing a computer with anyone you should
always log out before leaving a site or service to protect access to your information from
subsequent users. We do not permit (a) any other person using the registered sections
under your name; or (b) access through a single name being made available to multiple
users on a network. You are responsible for preventing such unauthorized use. We do not
sell or intend to sell any of your personal information to a third party. Except as described
in this statement, we will not disclose your personal information outside of ThisTradeSite
and its controlled subsidiaries and affiliates without your consent. We occasionally hire
other companies to provide limited services on our behalf, such as handling the
processing and delivery of mailings, providing customer support, hosting websites, or
performing statistical analysis of our services. Those service providers will be permitted to
obtain only the personal information they need to deliver the service. They are required
to maintain the confidentiality of the information and are prohibited from using it for any
other purpose.
Errors, Corrections and Changes
We do not represent or warrant that the Site will be error-free, free of viruses or other
harmful components, or that defects will be corrected. We do not represent or warrant
that the information available on or through the Site will be correct, accurate, timely or
otherwise reliable. We may make changes to the features, functionality or content of the
Site at any time. We reserve the right in our sole discretion to edit or delete any
documents, information or other content appearing on the Site.
Third Party Links and Content
The Site will contain links to web sites operated by third parties. Such links do not
constitute or imply an endorsement of the linked site. The linked sites may appear to be
integrated into the Site, but are not under our control. We are not responsible for and
assume no liability for any mistakes, misstatements of law, defamation, omissions,
falsehood, obscenity, pornography or profanity in the statements, opinions,
representations or any other form of content on the Site. You understand that the
information and opinions in the third party content represent solely the thoughts of the
author and is neither endorsed by nor does it necessarily reflect our belief. We are not
responsible for the operation or content of any linked site or subsequent links from that
site. The policies that govern the use of a linked site will differ from this Agreement. You
should review the policies of a linked site before making a decision to proceed to use
that site. If you decide to leave our Site and access these third-party sites, you do so at
your own risk.
Unlawful Activity
We reserve the right to investigate complaints or reported violations of this Agreement
and to take any action we deem appropriate, including but not limited to reporting any
suspected unlawful activity to law enforcement officials, regulators, or other third parties
and disclosing any information necessary or appropriate to such persons or entities
relating to your profile, email addresses, usage history, posted materials, IP addresses and
traffic information. Illegal and/or unauthorized use of ThisTradeSite.com Services,
including collecting usernames, user id numbers, and/or email addresses of Members by
electronic or other means for the purpose of sending unsolicited email or unauthorized
framing of or linking to ThisTradeSite.com Website, or employing third party promotional
sites or software, is prohibited.
Unauthorized Use and Termination
You agree to use the Site only for authorized and legal activities. Criminal or tortuous
activity, including child pornography, soliciting prostitution or anything of the like, fraud,
trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming,
spimming, sending of viruses or other harmful files, copyright infringement, patent
infringement, or theft of trade secrets; is strictly prohibited and action can be taken by us
including but not limited to termination of membership, and/or legal action. We reserve
the right, in its sole discretion, to reject, refuse to post or remove any posting (including
private messages) by you, or to deny, restrict, suspend, or terminate your access to all or
part of the Site at any time and for any or no reason and without liability.
ThisTradeSite.com expressly reserves the right to remove your membership and/or deny,
restrict, suspend, or terminate your access to all or any part of ThisTradeSite.com Services
if we determine, in our sole discretion, that you have violated this Agreement or pose a
threat to ThisTradeSite.com and/or its Users.
Indemnification
You agree to indemnify, defend and hold us and our partners, agents, officers, directors,
employees, subcontractors, successors, assigns, third party suppliers of information and
documents, attorneys, advertisers, product and service providers, and affiliates
(collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense,
including reasonable attorney's fees, related to your violation of this Agreement or use of
the Site. You are solely responsible for your interactions with other Members.
ThisTradeSite.com reserves the right, but has no obligation, to become involved in any
way with disputes between you and other Members. Any tax or taxes are the responsiblity of each individual user
Nontransferable
Your right to use the Site is not transferable or assignable. Any password or right given to
you to obtain information or documents is not transferable or assignable. When you sign
up to become a Member, you will also be required to supply a password. You are
entirely responsible for maintaining the confidentiality of your password. You agree not
to use the account, username, or password of another Member at any time or to
disclose your password to any third party. You agree to notify ThisTradeSite.com
immediately if you suspect any unauthorized use of your account or access to your
password. You are solely responsible for any and all use of your account and hold
ThisTradeSite, and those listed in the above section labeled “Indemnification” not liable
for lost, stolen, voluntarily (or involuntarily) and/or discussing your password with anyone
Disclaimer of Warranties
THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE SITE ARE
PROVIDED "AS-IS," "AS AVAILABLE," WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR
IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE).
THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER
LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR
USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION
THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF
BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF
CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY
OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION
AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE
BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES,
DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH
LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY
YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY,
REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL
RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN
THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL WE OR ANY AFFILIATED PARTY, NOT LIMITED TO
SUBSIDIARIES, AFFILIATES, DIVISIONS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS
OR AGENTS (COLLECTIVELY, THE "RELEASED PARTIES"), BE LIABLE TO YOU OR ANY THIRD
PARTY FOR ANY DAMAGES OF ANY KIND OR NATURE WHATSOEVER, WHETHER DIRECT,
EXEMPLARY, INDIRECT, PUNITIVE DAMAGES, INCIDENTAL, SPECIAL, CONSEQUENTIAL
INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THISTRADESITE SERVICES
AND IT’S AFFILIATES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN OR
OTHERWISE, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR FROM
ANY INFORMATION PROVIDED AT THE SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED
LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER
BASIS, AND EVEN IF OPERATOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, OPERATOR'S LIABILITY IN SUCH
JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
International Use
If you choose to access the Site from any location other than the United States, you
accept full responsibility for compliance with the laws of the jurisdiction where the access
occurs. We make no representation that the Site Materials are appropriate or available
for use in locations outside the United States. Accessing the Site and/or using any of the
Site Materials from any jurisdiction where such access and/or use are illegal are
prohibited.
Use of Information
We reserve the right, and you authorize us, to the use and assignment of all information
regarding Site uses by you and all information provided by you in any manner consistent
with our Privacy Policy. All remarks, suggestions, ideas, graphics, or other information
communicated by you to us (collectively, a "Submission") will forever be our property. We
will not be required to treat any Submission as confidential, and will not be liable for any
ideas (including without limitation, product, service or advertising ideas) and will not incur
any liability as a result of any similarities that may appear in our future products, services
or operations. Without limitation, we will have exclusive ownership of all present and
future existing rights to the Submission of every kind and nature everywhere. We will be
entitled to use the Submission for any commercial or other purpose whatsoever, without
compensation to you or any other person sending the Submission. You acknowledge
that you are responsible for whatever material you submit, and you, not us, have full
responsibility for the message, including its legality, reliability, appropriateness, originality,
and copyright.
Third-Party Services
We may allow access to or advertise certain third-party product or service providers
("Merchants") from which you may purchase certain goods or services. You understand
that we do not operate or control the products or services offered by Merchants.
Merchants are responsible for all aspects of order processing, fulfillment, billing and
customer service. We are not a party to the transactions entered into between you and
Merchants. You agree that use of or purchase from such Merchants is AT YOUR SOLE RISK
AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE
INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-
INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING
FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION
APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.
Third-Party Merchant Policies
All rules, policies (including privacy policies) and operating procedures of Merchants will
apply to you while on any Merchant sites. We are not responsible for information
provided by you to Merchants. We and the Merchants are independent contractors and
neither party has authority to make any representations or commitments on behalf of the
Legal Compliance
You agree to comply with all applicable domestic and international laws, statutes,
ordinances and regulations regarding your use of the Site and the Content and Materials
provided therein.
Privacy Policy
Our Privacy Policy, as it may change from time to time, is a part of this Agreement. Visit
periodically for changes.