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Last Updated On: September 12, 2016
Welcome to TRADEMOMS. We’re so glad you are joining this community.
1. Accepting these Terms
The Terms are a legally binding contract between you and TRADEMOMS, Inc., a Delaware corporation (“TRADEMOMS”). The Terms set out your rights and responsibilities when you use the services provided by TRADEMOMS (our website, mobile apps and other services being our “Services”). By using any of our Services, you are agreeing to the Terms. If you do not agree with the Terms, you may not use our Services.
2. Your Privacy
3. Your Account with TRADEMOMS
You’ll need to create an account with TRADEMOMS to use some of our Services. Here are a few rules about accounts with TRADEMOMS:
A. You must be 18 or older to use our Services.
B. You may not use false information or impersonate another person or company through your account.
C. A username that is offensive, vulgar, or infringes someone’s intellectual property rights violates the Terms.
D. You are responsible for your account. You are solely responsible for any activity on your account. If you’re sharing an account with other people, then the person whose billing information is on the account will ultimately be responsible for all activity. If you’re registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business entity. Your accounts are not transferable.
E. Protect your password. You are solely responsible for any activity on your account, so it is important to keep your account password secure..
F. The Terms don't create any agency, partnership, joint venture, employment or franchisee relationship between you and TRADEMOMS.
4. Your Content
Content that you post using our Services is your content (“Your Content”). We don’t make any claim to it. That includes anything you post using our Services (i.e., usernames, shop names, profile pictures, listing photos, listing descriptions, reviews, comments, videos, etc.).
A. Responsibility for Your Content. You understand that you are solely responsible for Your Content. You represent to TRADEMOMS that you have all necessary rights to Your Content and that you are not infringing or violating any third party’s rights by posting it to our Services.
B. Permission to Use Your Content. By posting Your Content through our Services, you grant TRADEMOMS a license to use it. We don’t claim any ownership to Your Content, but we have your permission to use it to provide the Services and promote TRADEMOMS.
C. Rights You Grant TRADEMOMS. By posting Your Content, you grant TRADEMOMS a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content to provide the Services and to promote TRADEMOMS, your TRADEMOMS shop, or the Services in general, in any formats and through any channels, including across any TRADEMOMS’ Services or third-party website or advertising medium.
D. Reporting Unauthorized Content. TRADEMOMS has great respect for intellectual property rights, and is committed to following appropriate legal procedures to remove infringing content from the Services. If content that you own or have rights to has been posted to the Services without your permission and you want it removed, please contact us at firstname.lastname@example.org. If Your Content infringes another person’s intellectual property, we will remove it if we receive proper notice. We shall notify you if that happens.
E. Inappropriate, False or Misleading Content. You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar or otherwise offensive or in violation of our any part of the Terms. You also agree not to post any content that is false and misleading or uses the Services in a manner that is fraudulent or deceptive.
5. Your Use of Our Services
License to Use Our Services. We grant you a limited, non-exclusive, non-transferable and revocable license to use our Services—subject to the Terms and the following restrictions in particular:
A. You agree that you will not violate any laws in connection with your use of the Services. This includes any local, state, federal and international laws that may apply to you. You may not sell anything or provide any services that violate any laws; and shall not commit fraud, theft or any other crimes against TRADEMOMS, another TRADEMOMS user or a third party.
B. You are responsible for paying all fees that you owe to TRADEMOMS. You are also solely responsible for collecting and/or paying any applicable taxes for any purchases or sales you make through our Services. TRADEMOMS at this time is a US only service and therefore is not responsible for any other countries tax laws or fees required.
C. You agree not to “crawl,” “scrape,” or “spider” any page of the Services or to reverse engineer or attempt to obtain the source code of the Services.
D. You agree not to interfere with or try to disrupt our Services, for example by distributing a virus or other harmful computer code.
E. The name “TRADEMOMS,” and the other TRADEMOMS marks, phrases, logos and designs that we use in connection with our Services, are trademarks, service marks or trade dress of TRADEMOMS in the U.S. and other countries.
F. Any unsolicited ideas or other materials you submit to TRADEMOMS (not including Your Content or items you sell through our Services) are considered non-confidential and non-proprietary to you. You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
G. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES AND THE INTERNET. TRADEMOMS PROVIDES THE SERVICES AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NON INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICES, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICES OR ON THE INTERNET GENERALLY, AND TRADEMOMS. SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICES OR ON THE INTERNET GENERALLY. TRADEMOMS DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. TRADEMOMS HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
IN NO EVENT WILL TRADEMOMS. BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF TRADEMOMS. OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, TRADEMOMS LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
A. Termination by You. You may terminate your account with TRADEMOMS at any time from your account settings. Terminating your account will not affect the availability of some of Your Content that you posted through the Services prior to termination. You will still have to pay any outstanding bills, in the event that you terminated your account.
B. Termination by TRADEMOMS. We may terminate or suspend your account (and any related accounts) and your access to the Services at any time, for any reason, and without advance notice. If we do so, you do not have a contractual or legal right to continue to use our Services, for example, to sell or buy on our website or mobile apps. TRADEMOMS may refuse service to anyone, at any time, for any reason.
C. If you or TRADEMOMS terminate your account, you may lose any information associated with your account, including Your Content.
D. We May Discontinue the Services. TRADEMOMS reserves the right to change, suspend or discontinue any of the Services at any time, for any reason. We will not be liable to you for the effect that any changes to the Services may have on you, including your income or your ability to generate revenue through the Services.
E. Survival. The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.
7. Warranties and Limitation of Liability
A. Items or Services You Purchase. You understand that TRADEMOMS does not manufacture, store or inspect any of the items or services sold through our Services. We provide the venue; the items and services in our marketplace are produced, provided and sold directly by independent sellers and service providers, so TRADEMOMS cannot and does not make any warranties about their quality, safety or even their legality. Any legal claim related to an item or service you purchase must be brought directly against the seller of the item or service. You release TRADEMOMS from any claims related to items sold through our Services, including for defective items, misrepresentations by sellers and service providers or items or services that caused physical injury (like product liability claims).
B. Content You Access. You may come across materials that you find offensive or inappropriate while using our Services. We make no representations concerning any content posted by users through the Services. TRADEMOMS is not responsible for the accuracy, copyright compliance, legality or decency of content posted by users that you accessed through the Services. You release us from all liability relating to that content.
C. People with Whom You Interact. You can use the Services to interact with other individuals, either online or in person. However, you understand that we do not screen users of our Services, and you release us from all liability relating to your interactions with other users. Please be careful and exercise caution and good judgment in all interactions with others, especially if you are meeting someone in person.
E. WARRANTIES. YOU UNDERSTAND THAT OUR SERVICES ARE PROVIDED “AS IS” AND WITHOUT ANY KIND OF WARRANTY (EXPRESS OR IMPLIED). WE ARE EXPRESSLY DISCLAIMING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE.
WE DO NOT GUARANTEE THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) THE SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL MATERIALS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR EXPECTATIONS. YOU USE THE SERVICES SOLELY AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
F. LIABILITY LIMITS. TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER TRADEMOMS, NOR OUR EMPLOYEES, AGENTS OR DIRECTORS SHALL BE LIABLE TO YOU FOR ANY LOST PROFITS OR REVENUES, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THE TERMS. IN NO EVENT SHALL TRADEMOM’S AGGREGATE LIABILITY FOR ANY DAMAGES EXCEED THE GREATER OF ONE HUNDRED ($100) US DOLLARS OR THE AMOUNT YOU PAID TRADEMOMS IN THE PAST TWELVE MONTHS. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
8. Fee Terms
Taxes: You will be responsible for paying any applicable taxes relating to your payments and credits received and will indemnify and hold harmless TRADEMOMS from any and all taxes, including sales tax, based on any payments made or received by you in connection with the Services. Any taxes imposed on payments will be your sole responsibility. Upon our request, you will provide TRADEMOMS with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes.
TRADEMOMS MAKES NO WARRANTIES REGARDING USERS OR THE GOODS OR SERVICES THAT SUCH USERS MAY PROVIDE, INCLUDING THE CONTENT, GOODS OR SERVICES MADE AVAILABLE THROUGH THE SERVICES, OR THE INTERACTIONS (IF ANY) BETWEEN THE USERS WITHIN OR OUTSIDE OF THE SERVICES, AND EACH OF THE FOREGOING IS PROVIDED BY US “AS IS.” YOU ACKNOWLEDGE AND AGREE THAT THE TRADEMOMS MERELY PROVIDES A TECHNOLOGY PLATFORM THROUGH WHICH USERS CAN INTERACT. YOUR INTERACTIONS WITH OTHER USERS ARE SOLELY BETWEEN YOU AND SUCH USER, INCLUDING TRANSACTIONS, AND TRADEMOMS SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE INCURRED AS THE RESULT OF ANY SUCH INTERACTIONS. YOU SHOULD CONDUCT YOUR OWN INVESTIGATION PRIOR TO RECEIVING OR PURCHASING A SERVICE. YOU ACKNOWLEDGE THAT AS WITH ALL TRANSACTIONS, IF YOU ARE A RECIPIENT YOU ARE SOLELY RESPONSIBLE FOR INSPECTING ALL GOODS AND SERVICES BEFORE USING THEM AND YOU ASSUME ALL RISK OF USE. IF THERE IS A DISPUTE BETWEEN YOU AND ANY USER, TRADEMOMS IS UNDER NO OBLIGATION TO BECOME INVOLVED, BUT RESERVES THE RIGHT TO DO SO. WE (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICES: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
You shall defend TRADEMOMS (including any of our employees, officers, directors, agents, and attorneys) and hold us harmless from any legal claim or demand (including reasonable attorney’s fees) that arises from your actions, your use (or misuse) of our Services, your breach of the Terms or your account’s infringement of someone else’s rights. We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us in any such legal defense.
11. Disputes with Other Users
If you find yourself in a dispute with another user of TRADEMOMS’s Services or a third party, we encourage you to contact the other party and try to resolve the dispute amicably.
Release of TRADEMOMS. You release TRADEMOMS from any claims, demands and damages arising out of disputes with other users of the Services or other parties.
12. Disputes with TRADEMOMS
A. Governing Law. The Terms are governed by the laws of the State of California, without regard to its conflict of laws rules, and the laws of the United States of America. These laws will apply no matter where in the world you live.
B. Arbitration. You and TRADEMOMS agree that any dispute or claim arising from or relating to the Terms shall be finally settled by arbitration, using the English language, administered by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules then in effect (those rules are deemed to be incorporated by reference into this section). Our arbitration will be handled by a sole arbitrator in accordance with those rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under the Terms will take place on an individual basis: class arbitrations and class actions are not permitted. YOU UNDERSTAND THAT BY AGREEING TO THE TERMS, YOU AND TRADEMOMS ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator.
C. Forum. We’re based near the San Francisco, California so any legal action against TRADEMOMS related to our Services must be filed and take place in San Francisco. That means the location of any arbitration shall be San Francisco. For any actions not subject to arbitration, you and TRADEMOMS agree to submit to the personal jurisdiction of a state court located in San Francisco, California or the United States District Court for the Northern District of California.
14. Changes to the Terms
We may update the Terms from time to time. If we believe that the changes are material, we’ll definitely let you know by doing one (or more) of the following: (1) posting the changes through the Services or (2) sending you an email or message about the changes. That way you can decide whether you want to continue using the Services. Changes will be effective upon the posting of the changes. You are responsible for reviewing and becoming familiar with any changes. Your use of the Services following the changes constitutes your acceptance of the updated Terms.
The Terms, including all of the policies that make up the Terms, supersede any other agreement between you and TRADEMOMS regarding the Services. If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect. Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms. We may assign any of our rights and obligations under the Terms.
16. Contact Information
Please contact email@example.com