TrAidUp Terms of Service

Please read these Terms and Conditions ("Terms", "Terms and Conditions", and “T&C”) carefully before using the https://www.traidup.com website or the TrAidUp mobile application (the "Service") operated by TrAidUp.com, LLC. (“TrAidUp”, "us", "we", or "our").

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all users and others who access or use the Service.

1. Acceptance of Terms

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

2. Eligibility

If you are 18 or older, we grant you a limited, revocable, non-exclusive, royalty free, worldwide, non-assignable, non-sublicensable license to access TrAidUp.com in compliance with the T&C; unlicensed access is unauthorized. You agree not to license, distribute, make derivative works, display, sell, or "frame" content from TrAidUp, excluding content ("Content") you create and sharing with friends/family. Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material. You are responsible for the content that you post. You grant us a perpetual, irrevocable, unlimited, worldwide, fully paid/sublicensable license to use, copy, perform, display, distribute, and make derivative works from content you post.

3. Acceptable Use

You agree not to use or provide software (except for general purpose web browsers and email clients, or software expressly licensed by us) or services that interact or interoperate with TrAidUp.com, e.g. for downloading, uploading, posting, flagging, emailing, search, or mobile use. Robots, spiders, scripts, scrapers, crawlers, etc. are prohibited, as are misleading, unsolicited, unlawful, and/or spam postings/email. You agree not to collect users' personal and/or contact information ("PI").

Tracking information is required when shipping any item for the protection of all parties involved. It is the sole responsibility of the user to enter tracking information. We hold no liability in the information or tracking process.

By agreeing to and confirming a TrAidLoop, you agree that you are entering into a legal contract with the recipient of your TrAid (item, service, etc.) and must uphold your end of said contract, including but not limited to, paying for shipping costs, punctual attendance to TraidMeets, and shipping your TrAid. Failure to do so may result in, but not limited to, damage to user rating, revocation of privilege to use the site and service, blocking of your account, and/or prosecution to the fullest extent possible by law. If your account is suspended, you absolve any claim to reimbursement of any fees incurred by use of TraidUp.com.

In participating in any part of TrAidUp’s facilitation service, you do so as a principal and not as an agent of TrAidUp. TrAidUp is not liable to any activity between users, and TrAids shall be entered into voluntarily. TrAidUp is not the guarantor of any of its services it provides or otherwise liable thereof. TrAidUp is not liable in any way for any of its services that are not completed or are determined to be unsatisfactory by a user. TraidUp is not liable and does not guarantee the condition, whether found to be satisfactory or unsatisfactory by a user, of items or services provided by a TraidUp service.

4. User Content

The following is a limited list of prohibited uses and content for posting on TraidUp.com

• Illegal solicitation through text, pictures, graphics, or any other media
• Content that violates the Terms and Conditions, Privacy Policy, and Code of Ethics of TraidUp.com
• Illegal and/or controlled items governed by State and Federal Laws

Any posts that violate these Terms and Conditions, TraidUp’s Privacy Policy, State and Federal Laws are subject to the following but not limited to: review, deletion, user account termination, user account blocking, user account holding, and reporting to the proper authorities. If it is clear that user activity on TraidUp is in violation of State and Federal Laws, you agree that TraidUp will provide all legal authorities user information provided to TraidUp during use of Service.

5. Moderation

You agree we may moderate TrAidUp access and use in our sole discretion, e.g. by blocking (e.g. IP addresses), filtering, deletion, delay, omission, verification, and/or access/account/license termination. You agree to (1) not to bypass said moderation, (2) we are not liable for moderating, not moderating, or representations as to moderating, (3) nothing we say or do waives our right to moderate, or not. All site rules, e.g. www.traidup.com, are incorporated herein.

6. Fees

You authorize us to charge your account for TrAidUp fees. If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your full name, address, phone number, and payment information. Unless noted, fees are in US dollars; tax is additional and may or may not be applicable. To the extent permitted by law, fees are nonrefundable. We may refuse purchases, which may place a hold on your account.

Some parts of the Service may be billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring basis if you purchase these Subscriptions.

DISCLAIMER. MANY JURISDICTIONS HAVE LAWS PROTECTING CONSUMERS AND OTHER CONTRACT PARTIES, LIMITING THEIR ABILITY TO WAIVE CERTAIN RIGHTS AND RESPONSIBILITIES. WE RESPECT SUCH LAWS; NOTHING HEREIN SHALL WAIVE RIGHTS OR RESPONSIBILITIES THAT CANNOT BE WAIVED.

7. Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by TrAidUp.

TrAidUp has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that TrAidUp shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

8. Claims

You agree (1) any claim, cause of action or dispute ("Claim") arising out of or related to the T&C or your TrAidUp use is governed by Ohio (Ohio law regardless of your location or any conflict or choice of law principle); (2) Claims must be resolved exclusively by state or federal court in Dayton, Ohio (except we may seek injunctive remedy anywhere); (3) to submit to personal jurisdiction of said courts; (4) any Claim must be filed by 1 year after it arose or be forever barred; (5) not to bring or take part in a class action against TrAidUp Entities; (6) (except government agencies) to indemnify TrAidUp Entities for any damage, loss, and expense (e.g. legal fees) arising from claims related to your TrAidUp use; (7) you are liable for T&C breaches by affiliates (e.g. marketers) paid by you, directly or indirectly (e.g. through an affiliate network); and (8) to pay us for breaching or inducing others to breach the "USE" section, not as a penalty, but as a reasonable estimate of our damages (actual damages are often hard to calculate): $0.10 per server request, $1 per post, email, flag, or account created, $1 per item of PI collected, and $1000 per software distribution, capped at $25,000 per day.

9. Disclaimer and Limitation of Liability

To the extent permitted by law, (1) we make no promise as to TrAidUp, its completeness, accuracy, availability, timeliness, propriety, security or reliability; (2) your access and use are at your own risk, and TrAidUp is provided "AS IS" and "AS AVAILABLE"; (3) we are not liable for any harm resulting from (a) user content; (b) user conduct, e.g. illegal conduct; (c) your TrAidUp use; or (d) our representations; (4) WE AND OUR OFFICERS, DIRECTORS, EMPLOYEES ("TrAidUp Entities"), DISCLAIM ALL WARRANTIES & CONDITIONS, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, OR NON-INFRINGEMENT; (5) TrAidUp Entities ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS (E.G. OF PROFIT, REVENUE, DATA, OR GOODWILL); (6) IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED $100 OR WHAT YOU PAID US IN THE PAST YEAR.

Users complying with prior written licenses may access TrAidUp thereby until authorization is terminated. Otherwise, this is the exclusive and entire agreement between us. If a T&C term is unenforceable, other terms are unaffected. If T&C translations conflict with the English version, English controls. See our privacy policy for how we collect, use and share data.

10. Indemnification

You will indemnify and hold us (including our affiliates and subsidiaries, as well as our and their respective officers, directors, employees, agents) harmless from any claim or demand, including reasonable legal fees, made by any third party or government agency due to or arising out of your breach of these Terms and Conditions, your improper use of TraidUp’s Services or your breach of any law or the rights of a third party.

11. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.