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By using or becoming a member of this Site, You are indicating Your agreement to be bound by these Terms of Use. You understand and agree that We may modify this Site and the services available at it without notice, and may discontinue the Site and its services at any time. We encourage you to review these Terms of Use periodically as they may change. By continuing to use this Site after We modify these terms, you agree to be bound by such future revisions of these Terms of Use. Please read the following carefully.

When You ("You" or "User") use this Internet web site and its related services ("Site"), or become a member of this Internet web site by completing a registration form, You agree to be bound by the following terms and conditions (the "Terms of Use"). If You do not accept these Terms of Use, do not use this Site. TradeSource ("TradeSource" or "We") may revise these terms from time to time, at our sole discretion, by updating this posting. Unless otherwise provided below, the revised terms will take effect when they are posted.

About TradeSource

TradeSource, South Florida's premier barter network, helps member companies trade goods and services amongst themselves. We generate revenue from members through transaction fees, monthly or annual membership fees, and initial or sign up fees.

We Will Protect Your Privacy

The Terms of Use incorporate the terms in TradeSource's Privacy Policy which can be found by clicking "Privacy Policy" in the footer of this web site.

Guard Your Password

You must safeguard the user name and password You use to access this Site. You agree not to disclose or share your password with any third party. You authorize us to assume that any person using the Site with Your user name and password either is You or is authorized to act for You.

Your Use of this Site

By completing a signup form, you represent and warrant that you meet the eligibility requirements as set forth on the form.

As a User, you are strictly responsible for your own communications and the consequences of their posting. Unless otherwise provided elsewhere in these Terms of Use, you are strictly responsible for Your use of this Site and its services.

The Site contains text, graphics, logos, icons, and other materials ("Site Content") furnished by TradeSource, its licensors, and other users. Site Content is protected under copyright, trademark, trade secret, and other laws of both the United States and foreign countries. All Site Content, including the collection, arrangement and assembly of such content is the exclusive property of TradeSource. You may not sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost or otherwise use any of the Site Content in any way for any public or commercial purpose without prior written consent of TradeSource or the rights holder. You may not copy or adapt the HTML code that TradeSource uses to generate its pages. You may not use the Site Content on any other web site or in a networked computer environment for any purpose.

Additionally, You agree not to do any of the following while using the Site:
  • intentionally or unintentionally violate any applicable law or regulation;
  • post or transmit any Content that You do not have the right to post or transmit under any law, contractual duty or fiduciary relationship;
  • post or transmit any Content that infringes a third party's trademark, patent, trade secret, copyright, publicity, or privacy right;
  • post or transmit any Content that is unlawful, untrue (including incomplete, false or inaccurate biographical information), harassing, libelous, defamatory, abusive, tortious, threatening, obscene, hateful, abusive, harmful (including but not limited to viruses, corrupted files, or any other similar software or programs) or otherwise objectionable;
  • delete, tamper or revise any material posted by any other person or entity;
  • access, tamper with or use non-public areas of the Site, TradeSource's computer systems, or the technical delivery systems of our providers. Unauthorized individuals attempting to access or tamper with these areas may be subject to prosecution;
  • attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
  • attempt to access or search the Site with any engine, software, tool, agent, device or mechanism other than the software and/or search agents provided by TradeSource or other generally available third party web browser (such as Microsoft Internet Explorer or Netscape Navigator);
  • send unsolicited email, including without limitation, promotions or advertisements for products or services;
  • forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site to send altered, deceptive or false source-identifying information in violation of state, national and foreign law;
  • attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Site;
  • interfering or attempting to interfere with the access of any user, host or network, including without limitation, sending a "virus" to the Site, overloading, "flooding," "spamming," "crashing," or "mailbombing" the Site; or
  • impersonate or misrepresent Your affiliation with any person or entity. For example, You agree not to falsely represent that You are a copyright holder of a work or the agent of a copyright holder.
Violations of any of the above, including intellectual property infringement and Site security issues, will be investigated by TradeSource and prosecuted to the fullest extent of the law, whether civil or criminal. TradeSource may involve, and cooperate with, law enforcement authorities in prosecuting users who violate these Terms of Use.

Rights You Grant to TradeSource

When You post information, comments, text, links, or other materials ("Content") to the Site, You are granting, or warranting that the owner of such Content has expressly granted, the royalty-free, perpetual, irrevocable, fully sub-licensable, non-exclusive rights to TradeSource reasonably necessary for TradeSource's legitimate business purposes related to (i) transmission, routing, or transient storage of communications, or (ii) management or operation of the Site and/or related sites and services.

TradeSource's Liability

We do not represent or guarantee the truthfulness, accuracy, reliability, completeness or timeliness of contents on the Site or communications posted by users. TradeSource does not endorse any opinions expressed within communications posted by users. You acknowledge that any reliance on material posted by other users will be at your own risk.

TradeSource has no control over the quality, availability, safety, legality, truthfulness or accuracy of any listings or the ability of candidates to fill job openings.

You assume all risks associated with dealing with other Users or parties you come into contact with through Your use of the Site, including but not limited to the risk of physical harm, of dealing with unknown strangers, foreign nationals, underage individuals or others acting under false pretenses. You hereby release and agree to hold harmless TradeSource, our agents and employees, from claims, demands and damages (whether actual and consequential, direct or indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed or undisclosed, arising out of or in any way connected with such disputes.

Links

The Site may contain, or users may include in postings, links to other web sites or resources. You acknowledge and agree that TradeSource is not responsible or liable for (i) the availability or accuracy of such sites or resources; or (ii) the content, advertising, or products on or available from such sites or resources. The inclusion of any link on the Site does not imply that We endorse the linked site. You use the links at Your own risk.

Notices

TradeSource will give You any necessary notices by posting them on the Site. You authorize TradeSource to send notices via electronic mail as well if TradeSource decides, in its sole discretion, to do so. You agree to check the Site for notices, and that You will be considered to have received a notice when it is made available to You by posting on the Site.

Termination

If You violate any of these terms, Your permission to use the Site Content will automatically terminate, You must immediately destroy any copies You have made of the Site Content, and We may end Your authorization to use the Site.

We may terminate Your membership at any time, for any reason or for no reason. We would consider terminating Your membership if You do not visit the Site for an extended period of time, or We reasonably believe that You have violated or acted inconsistently with the letter or spirit of this Terms of Use, or violated our rights or those of another party. The provisions entitled "Errors and Disclaimer of Warranties," "Indemnity," "Limitation of Liability," and "General Provisions" will survive termination of Your registration.

You Use the Site at Your risk

We endeavor to provide a convenient and functional Site, but We do not guarantee that it will be error free or that the Site or the server that operates it are free of viruses or other harmful components.

The Site is Available "AS-IS"

Without limiting the foregoing, EVERYTHING ON THE SITE IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT.

TradeSource MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SITE, REGARDING THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SITE OR ITS SERVICES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM TradeSource OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

Indemnity

You agree to defend, indemnify, and hold harmless TradeSource, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, made by any third party due to or resulting from Your use of the Site or the Site Content or Your violation of this Terms of Use.

Limitation of Liability

NEITHER TradeSource NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE SHALL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES RESULTING FROM YOUR ACCESS TO, OR USE OF, OR INABILITY TO USE THE SITE AND THE SITE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE KNOW OF THE POSSIBILITY OF SUCH DAMAGE. YOU AGREE THAT THE AGGREGATE LIABILITY FOR TradeSource TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THIS SITE IS LIMITED TO $100.

General Provisions

You are responsible for compliance with applicable local laws, keeping in mind that access to the Site Content may not be legal by certain persons or in certain countries. If any part of these Terms of Use is held to be unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remainder will remain in full force and effect. These Terms of Use are personal to You. You may not transfer, assign or delegate this Terms of Use to anyone without the express written permission of TradeSource. Any attempt by You to assign, transfer or delegate these Terms of Use without the express written permission of TradeSource shall be null and void. The paragraph headings in these Terms of Use, shown in boldface type, are included to help make the agreement easier to read and have no binding effect. These Terms of Use comprise the entire agreement between You and TradeSource with respect to the use of the Site and supersede all prior agreements between the parties regarding the subject matter contained herein.

Controlling Law and Jurisdiction

This Agreement and any action related thereto shall be governed, controlled, interpreted and defined by and under the laws of the State of Florida and the United States, without regard to the conflicts of laws provisions thereof. The exclusive jurisdiction and venue of any action with respect to the subject matter of this Agreement shall be the state courts of the State of Florida for the County of Broward or the United States District Court for the Southern District of Florida and each of the parties hereto submits itself to the exclusive jurisdiction and venue of such courts for the purpose of any such action.

If you have any questions about this Terms of Use, please click here.





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