|
|
| Member Agreement This Member Agreement explains the terms and conditions governing your use of Links4Trade.com, Inc.'s services, technology, and any other content available at or provided by Links4Trade.com. Please read the entire Agreement as it contains important information regarding appropriate use of Links4Trade.com services, technology, and content. Furthermore, the Agreement is a legally binding document that outlines disclaimers and liability limitations that apply to us in connection with your use of our Site. By registering as a Member of Links4Trade.com, you agree to use the Links4Trade.com Services in a manner consistent with all applicable laws and regulations and in accordance with the terms and conditions outlined below. In order to complete the registration process, you must indicate that you have read and accept the Member Agreement; by checking the box indicating, "I have read and accept the Member Agreement" you agree to accept the terms and conditions of this Agreement. If you do not accept the terms and conditions of this agreement, do not proceed with the registration. If you accept the Agreement, you are bound by the terms and conditions whenever you use our Services. Except for the addition of new services, technology, tools, and content, Links4Trade.com will give reasonable notice of changes to this Agreement and fees associated with the use of our Services. Links4Trade.com may, at its discretion, deliver such notice by e-mail, through your account summary page, and/or via a letter. You may elect to terminate this Agreement, if you find the change(s) unacceptable, by following the steps outlined in this Agreement. Your use of our Services after the effective date of a change constitutes your continued acceptance of the terms of this agreement, the Links4Trade.com Services, and its fee schedule. 1. Registration Obligations. You agree to provide truthful and complete information on our online registration form. You also agree to update the registration information as appropriate in order to keep the registration information truthful and complete. If you provide us with any registration information or other information that isn't truthful, complete, or up-to-date, or if we have grounds to suspect that any of it isn't truthful, complete, or up-to-date, then we may suspend, terminate, or take any other legal action with respect to your account. 2. Services. Members of the Site are offered a broad selection of on-line services, technology, tools, and content. These services are included in a paid service. You understand and agree that Links4Trade.com may at any time, add, change, or otherwise modify any services included as part of the Site. 3. Payment Terms As described in Section 2, Links4Trade.com offers members a paid service offering. Upon election by you, we may charge for usage of certain services. For access to and use of such paid services, you agree to pay all fees and charges as specified within the Site. Links4Trade.com requires you provide us with your credit card information for payment, and all charges you incur for use of services will be charged to the credit card number you provide. If at any time, when Links4Trade attempts to bill your credit card, and the transaction is rejected, your link trading account will be placed on credit hold and you will be notified. While your account is on credit hold, your link will be removed from all trading partner's link pages. Links4Trade.com may take reasonable actions to validate your credit card. You agree to immediately notify Links4Trade.com if you suspect unauthorized use of your credit card, your password, or the Links4Trade.com services. In the event of an unauthorized use of your credit card, you must notify your credit card provider in accordance with its reporting rules and procedures. If, 5 days of notifying you, Links4Trade is unable to charge your account balance owed to your credit card, your account will be deactivated. You agree to pay any taxes, including personal property taxes or sales taxes, resulting from your use of the Links4Trade.com services. Monthly Fees: If you register to be a Pro user, Links4Trade will charge the registration fee and monthly fees on the first day you become a registered user. Your account will be due and payable on the monthly anniversary of your first day as a registered user. Your credit card or deposit account will be charged on your monthly anniversary day, for your monthly fee for services to be provided during the next month. Monthly fees will include a base fee for the level of service you have selected, plus a fee for each active trading partner, plus any optional fees for additional services you may have requested. Such optional services may be added to the Links4Trade service from time to time. Additional Services: In addition to standard monthly services, the customer may use additional services, and thereby incur charges, associated with the Links4Trade services. Such charges are due and payable as incurred and will be charged to customer's credit card as incurred. Reporting: A monthly statement will be sent to you via e-mail no later than 3 days after the monthly anniversary of your registration date. Notification of any disputed charges must be e-mailed to Links4Trade.com within 30 days after we send the statement of charges to you. Cancellation: You may cancel or terminate your account at any time. You will remain liable for the full monthly charge for the month during which you terminated this Agreement. See section 8 for your obligations upon termination. Restrictions and Prohibited Acts. By accepting this agreement, you agree that you will not use the Services to do any of the following: a. Upload, post, transmit, or otherwise make available any Content, or select any member name that: 4. Advertising. We reserve the right to post banners, advertisements, promotions, and similar content on web pages and Links4Trade.com sites that are a part of our Services. The manner, mode, location, and extent of such postings are subject to change. Any interactions, correspondence, and business dealings that you have with any advertisers and other third parties found on or through the Services, or your participation in any of their promotions or offers, including payment and delivery of related goods or services and any other terms, conditions, or representations associated with such interactions, are solely and entirely between you and third parties. Links4Trade.com is not and shall not be liable for any harm, loss, or damage of any kind that you may incur as a result of any such interactions, correspondence, or business dealings. 5. Privacy Policy. Our Privacy Policy, which is hereby incorporated into this Member Agreement, indicates the manner in which we collect, use, and disclose information. Please review our complete Privacy Policy for complete information. 6. Links. As a convenience to you, Links4Trade.com may provide links to other websites or resources. You acknowledge and agree that Links4Trade.com is not responsible for the content or availability of such external sites or resources. Links4Trade.com does not endorse and is not responsible or liable for any content, advertising, products, services, or other information available from such sites or resources. You also agree that Links4Trade.com shall not be held responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any such content or services available through such external sites and/or resources. You will provide, at a minimum, a prominent Link from your home/index page on your website to the your Links4Trade link page. Your link to your Links4Trade link page must be visible and must be textual with a relevant title. Links4Trade will verify that this has been completed prior to your page being listed on any trading partners' link pages. You are permitted to establish direct links on your website with other Links4Trade members, so long as you maintain the reciprocal link to that site on your link page as well. Periodic monitoring will be made to ensure that this policy is followed. If you are found to be out of compliance with this policy your membership agreement will be terminated in accordance with section 8. You acknowledge and agree that certain engagements are made possible due to Links4Trade. As such, you will promptly notify Links4Trade if asked by a website you have contacted through Links4Trade to enter into any advertising, collaborations or other commercial arrangements which, in your good faith opinion, are intended to take unfair advantage of the Service provided by Links4Trade. This includes importing links of Links4trade members, rather than using the Links4Trade automated system to support these links. 7. Loss or Corruption of Data. You acknowledge and agree that Links4Trade.com is not and shall not be responsible or liable for any loss or corruption of data that you may experience on the Services or otherwise, nor are we required to return to you any data that you have stored on the Services. This includes, without limitation, the loss or corruption of data resulting from the suspension, deletion, or modification of your web pages or the Links4Trade.com site, network, system, or server "crashes" or outages, or other power outages, damage caused by viruses, worms, or security breaches, file corruption, and any other cause. We recommend that you maintain backup versions of your web pages and related information to help protect yourself against such losses. 8. Term/Termination. A. Term. This agreement shall be effective upon when you check the "I have read and accept the Member Agreement" box and shall continue unless and until terminated under this Section 8.9. Changes to the Service. Links4Trade reserves the right to modify, add or remove portions of this Agreement and may add to, change, suspend or discontinue any aspect of the Service. Except as otherwise provided in this Agreement, in the event that such Links4Trade action results in a detrimental material change to you in the Service, Links4Trade will provide you with notice at least 14 calendar days prior to any such changes taking effect, during which time you may terminate this Agreement immediately by notifying Links4Trade and taking all reasonable steps to immediately withdraw from the Service. Your failure to so terminate this Agreement during those 14 calendar days shall be deemed your irrefutable acceptance of the change to this Agreement or material change to the Service. Links4Trade reserves the right to send e-mail to you for the purposes of informing you of applicable offers, changes or additions to the Service or any Links4Trade related products and services. 10. Indemnification You agree to indemnify and hold Links4Trade.com and its affiliates, employees, directors, agents, and partners harmless from all liabilities, losses, damages, costs, and expenses (including attorneys' and other professionals' fees) on account of any claim, suit, action, demand, or proceeding made or brought against any such party, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with (i) your use of the Links4Trade.com Services in a way that is prohibited or restricted under the terms and conditions of this Agreement, (ii) your violation of any rights of any third party, or (iii) your use of and connection to the Service. 11. Proprietary Rights You agree and acknowledge that Links4Trade.com and its licensors own all rights, title, and interest in the Content and Technology that comprise the Services offered by Links4Trade.com. You also agree and acknowledge that the Services, Technology, and Content available at the Links4Trade.com Services are protected by US and international copyrights, trademarks, service marks, patents or other proprietary rights and laws; therefore, you are only permitted to use this Content and Technology as expressly authorized by Links4Trade.com or its Licensors. You agree that, except as expressly authorized in writing by Links4Trade.com, or where applicable, Third Party Businesses, all of the Content and Technology available on the Links4Trade.com Services may only be used by you for your internal business and data gathering purposes. You may make copies of selected portions of the Content, provided that such copies are made only for your internal use and only if you maintain any proprietary notices contained in such Content, otherwise you agree not to, in whole or in part, copy, make, duplicate, use, sell, lease, loan, rent, transmit, distribute, reproduce, modify, or create derivative works from this Content or Technology without expressly being authorized to do so by Links4Trade.com. By agreeing to the terms and conditions of this Membership Agreement, you agree that: (i) you will not copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code associated with the Service, (ii) you will not sell, assign, sublicense, grant a security interest in, or otherwise transfer any right to the Services to any third party, and (iii) you will not modify or attempt to modify the Services, and (iv) you will not access the Service by any means other than through the interface that's provided by Links4Trade.com for use in accessing the Service. 12. Submitting Information You represent to Links4Trade that all content you upload to the service is solely owned by you or provided by you with the express authority of the owners, and does not infringe upon any other individual's or organization's rights (including, without limitation, intellectual property rights). By submitting Content to any "Public Area" (e.g. public chat rooms, bulletin boards, etc.) you automatically grant to Links4Trade a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, sell, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content. Although Links4Trade provides some encryption to protect certain personal information which is transmitted, you understand that your uploads and transmissions may be intercepted and used, and that all the risk associated therewith is solely yours. You shall not upload to, or distribute or otherwise publish through the service any content which is libelous, defamatory, obscene, pornographic, abusive, or otherwise violates any law. As Links4Trade does not and cannot review every message posted by you, you shall remain solely responsible for the content of your messages. Links4Trade reserves the right to disclose information about sales and usage generated by the service. 13. Trademarks and Servicemarks. Links4Trade.com and other pending and/or registered trademarks and servicemarks, and other graphics, logos and service names used by Links4Trade on the Links4Trade services to identify the products or services of Links4Trade (collectively the "Links4Trade.com Trademarks") are the trademarks of Links4Trade. You agree not to use the Links4Trade Trademarks in connection with your products or services or any third party products or services or in any manner that disparages or discredits Links4Trade. All other brands and names (including third party product names) used on the Links4Trade services are the property of their respective owners. 14. Unsolicited Submissions. Links4Trade welcomes comments regarding the Service. However, the Links4Trade policy is not to accept or consider creative ideas, suggestions, or materials other than those it has specifically requested. Links4Trade hopes that you will understand that it is the intent of this policy to avoid misunderstandings when projects developed by Links4Trade's very productive staff are similar to someone else's creative work. Accordingly, you agree not to send any such ideas to Links4Trade. Links4Trade requests that you be specific in your comments on the Service and not submit any creative ideas, suggestions or materials. If, despite the above, you send us creative suggestions, ideas, notes, drawings, concepts or other information, such suggestions, ideas, notes, drawings, concepts and other information shall be deemed, and shall remain, the property of Links4Trade. None of the information shall be subject to any obligation of confidentiality on the part of Links4Trade and Links4Trade shall not be liable or owe any compensation for any use or disclosure of the hereinabove listed items. 15. Limitation of Liability. a. You are solely responsible for the proper conduct of your business. Regardless of the type of claim or the nature of the cause of action, you agree that in no event will Links4Trade.com, our affiliates, partners, contractors, employees, agents, licensors, or any other party involved in creating, producing, or delivering Links4Trade.com service, technology, or content available through Links4Trade.com ("Links4Trade.com Affiliates"), be liable to you in any manner whatsoever: (1) for any decision made or action or non-action taken by you in reliance upon the information provided through the Links4Trade.com Services; (2) for loss or inaccuracy of data or, cost of procurement of substitute goods, services or technology; (3) for any indirect, incidental, consequential, or punitive damages, including but not limited to loss of revenues and/or profits, even if Links4Trade.com has been advised of the possibility of such damages.16. Warranties/Disclaimers. a. LINKS4TRADE.COM WARRANTS THAT IF A MEMBER IS DISSATISFIED IN ANY WAY WITH THE LINKS4TRADE.COM SERVICE, TECHNOLOGY, OR CONTENT PROVIDED ON OR THROUGH THE LINKS4TRADE.COM SERVICES, UPON NOTICE FROM YOU WE WILL TERMINATE THE AGREEMENT, AND UPON YOUR WRITTEN REQUEST, REFUND ANY UNUSED PORTION OF ANY FEES YOU HAVE PAID FOR ANY CURRENT MONTH OR FUTURE SERVICES, WHEN APPLICABLE, LESS ANY BALANCES OTHEWISE DUE TO LINKS4TRADE.COM. THIS IS YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY BREACH OF THE ABOVE WARRANTY.17. Miscellaneous. a. This Agreement shall be governed by and construed in accordance with US federal and Utah laws, excluding its conflict of law provisions. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any law or regulation that provides that the language of a contract shall be construed against the drafter shall not apply to this Agreement. You agree to submit to the exclusive jurisdiction of the Federal and State courts of the state of Utah which are located in Salt Lake City, Utah. If local laws prohibit your participation in any part of the Links4Trade.com Service, or use of them, then you are responsible for complying with such laws, and the terms of this Agreement. |
|
|||||||||||||
| Copyright © 2000 Links4Trade.com, Inc. All rights reserved. Privacy Policy & Member Agreement |