Welcome to tradows.com. By using the services available from the domain and sub-domains of tradows.com (the "Site") you are agreeing to the following terms, including those available by hyperlink (the "Agreement" or "User Agreement") with Tradows Services Inc. and the general principles for the web sites of our subsidiaries and international affiliates. If you have any questions, please refer to the Help section on the Site.
This Agreement is effective on February 1st, 2006 for current users, and upon acceptance for new users.
While using the Site, you will not:
post content or items in an inappropriate category or areas on the Site;
violate any laws, third party rights, or our policies such as the Prohibited and Restricted Items policies;
use the Site if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from our Site;
fail to deliver payment for items purchased by you, unless the seller has materially changed the item's description after you order, a clear typographical error is made;
fail to deliver items purchased from you, unless the buyer fails to meet the posted terms;
manipulate the price of any item or interfere with other user's listings;
circumvent or manipulate our fee structure, the billing process, or fees owed to Tradows;
post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of the Site or for using it for purposes unrelated to Tradows);
transfer your Tradows account (including feedback) and User ID to another party without the consent of Tradows;
distribute or post spam, chain letters, or pyramid schemes;
distribute viruses or any other technologies that may harm Tradows, or the interests or property of Tradows users;
copy, modify, or distribute content from the Site and Tradows's copyrights and trademarks; or
harvest or otherwise collect information about users, including email addresses, without their consent.
Tradows and the Community work together to keep the site working properly and the Community safe. Please report problems, offensive content, and policy violations to us.
Tradows's lawyers work to ensure that listed items do not infringe upon the copyright, trademark or other rights of third parties. If you believe that your rights have been violated, please notify our Lawyers and we will investigate.
Without limiting other remedies, we may limit, suspend, or terminate our service and user accounts, prohibit access to our website, remove hosted content, and take technical and legal steps to keep users off the Site if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts.
Fees and Services
Tradows charges a monthly subscription fee according to your selected service package and an extra activity fee if you exceed the usage within your selected packages. Monthly subscription fee including taxes must be paid through a valid credit card on the recursive basis. Activity fee including taxes are due and payable as specified by Tradows invoice to you. Charges will be deemed to be correct if not disputed by you within (30) days of the invoice date. All amounts not paid by the due date are overdue and you must also pay a late payment charge of 2% per month. Tradows may terminate your Service, in its sole discretion, if any charges is overdue more than (60) days.
When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future. (We need these rights to host and display your content.)
You will not hold Tradows responsible for other members' actions or inactions, including things they post. You acknowledge that we do not guarantee the information accuracy posted by the members, even the members are introduced to you by Tradows. We are not involved in the actual transaction between buyers and sellers. We have no control over and do not guarantee the quality, safety or legality of items listed, the truth or accuracy of listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction.
Regardless of the previous paragraph, if we are found to be liable, our liability to you or to any third party is limited to the greater of the total fees you paid to us in the 12 months prior to the action giving rise to the liability.
If you have a dispute with one or more members, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
Access and Interference
The Site contains robot exclusion headers. Much of the information on the Site is updated on a real-time basis and is proprietary or is licensed to Tradows by our members or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission.
Additionally, you agree that you will not:
take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for Your Information) from the Site without the prior expressed written permission of Tradows and the appropriate third party, as applicable;
interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or
bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.
You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees), harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Except as explicitly stated otherwise, legal notices shall be served on Tradows's national registered agent (in the case of Tradows) or to the email address you provide to Tradows during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.
Resolution of Disputes
If a dispute arises between you and Tradows, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Tradows agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by going to http://dispute.tradows.com/. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
Law and Forum for Disputes - This Agreement shall be governed in all respects by the laws of the province of Ontario. You agree that any claim or dispute you may have against Tradows must be resolved by a court located in Ontario, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within Canada for the purpose of litigating all such claims or disputes.
Arbitration Option - For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Improperly Filed Claims - All claims you bring against Tradows must be resolved in accordance with this Resolution of Disputes Section. All claims filed or brought contrary to the Resolution of Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Resolution of Disputes Section, Tradows may recover attorneys' fees and costs up to $1000, provided that Tradows has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
We may amend this Agreement at any time by posting the amended terms on the Site. Except as stated elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted on the Site. Additionally, we will notify you through the Site's message center tools. This Agreement may not be otherwise amended except in a writing signed by you and us. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The following Sections survive any termination of this Agreement: Fees and Services (with respect to fees owed for our services), Release, Content License, Liability, Indemnity and Resolution of Disputes.
You can browse the Site without telling us who you are or revealing any personal information about yourself. Once you give us your personal information, you are not anonymous to us. If you choose to provide us with personal information, you consent to the transfer and storage of that information to our servers located in US or Canada.
We may collect and store the following personal information:
email address, physical contact information, and (depending on the service used) sometimes financial information, such as credit card or bank account number;
transactional information based on your activities on the Site (such as product information, inquiry, quotes, buying, selling, item and content you generate or that relates to your account);
shipping, billing and other information you provide to purchase or ship an item;
community discussions, chats, dispute resolution, correspondence through the Site, and correspondence sent to us;
Your preference in Tradows services;
computer sign-on data, statistics on page views, traffic to and from the Site, and ad data;
other information, including IP address and standard web log information: and supplemental information from third parties. (For example, if you incur a debt to Tradows, we will generally conduct a credit check by obtaining additional information about you from a credit bureau, as permitted by law. As another example, if the information you provide cannot be verified, we may ask you to send us additional information (such as your driver license, credit card statement, and/or a recent utility bill or other information confirming your address), or to answer additional questions online to help verify your information.
We don't sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We may combine your information with information we collect from other companies (such as demographic data) to improve and personalize our services. If you don't wish to receive marketing communications from us, simply indicate your preference once you sign-in on the Site in My Tradows, similar account status page, or by following the directions within the email.
Our primary purpose in collecting personal information is to provide you with a safe, smooth, efficient, and customized experience. You agree that we may use your personal information to:
provide the services and customer support you request;
resolve disputes, collect fees, and troubleshoot problems;
prevent potentially prohibited or illegal activities, and enforce our User Agreement;
customize, measure, and improve our services and the Site's content and layout;
tell you about targeted marketing, service updates, and promotional offers based on your communication preferences; and compare information for accuracy, and verify it with third parties.
Our Disclosure of Your Information
We may disclose personal information to respond to legal requirements, enforce our policies, respond to claims that a listing or other content violates the rights of others, or protect anyone's rights, property, or safety.
We may also share your personal information with:
members of our corporate family to help detect and prevent potentially illegal acts and provide joint services;(Our corporate affiliates will market only to users who request these services.)
service providers under contract who help with our business operations; (such as fraud investigations, bill collection, affiliate and rewards programs and co-branded credit cards)
other third parties to whom you explicitly ask us to send your information; (or about whom you are otherwise explicitly notified and consent to when using a specific service)
law enforcement or other governmental officials, in response to a verified request relating to a criminal investigation or alleged illegal activity; (In such events we will disclose name, city, state, telephone number, email address, User ID history, fraud complaints, and bidding and listing history.)
Tradows participants under confidentiality agreement, as we in our sole discretion believe necessary or appropriate in connection with an investigation of fraud, intellectual property infringement, piracy, or other unlawful activity; (In such events we will disclose name, street address, city, state, zip code, country, phone number, email, and company name.) and
Without limiting the above, in an effort to respect your privacy and our ability to keep the community free from bad actors, we will not otherwise disclose your personal information to law enforcement, other government officials, or other third parties without a subpoena, court order or substantially similar legal procedure, except when we believe in good faith that the disclosure of information is necessary to prevent imminent physical harm or financial loss or to report suspected illegal activity.
Activity Associated with Company IDs
Your Company ID is displayed throughout the Site and is therefore available to the public. All of your activities on the Site will be traceable to your Company ID. Other people can see your company profiles, presenting products, items for sale, storefronts, feedback, ratings and associated comments, and so on. Notices are sent to other community members regarding suspicious activity and policy violations on the Site and refer to Company IDs and specific items. Therefore, if you associate your name with your Company ID, the people to whom you have revealed your name to will be able to personally identify your Tradows activities.
Using Information from Tradows
Our Site enables you to share personal and financial information in order to complete transactions. We encourage you to disclose your privacy practices and respect the privacy of other users. We cannot guarantee the privacy or security of your information and therefore we encourage you to evaluate the privacy and security policies of your trading partner before entering into a transaction and choosing to share your information. To help protect your privacy, we allow only limited access to other users' contact, shipping and financial information in order to facilitate your transactions. When users are involved in a transaction, they may have access to each other's name, User ID, email address, and other contact and shipping information. In all cases, you must give other users a chance to remove themselves from your database and a chance to review what information you have collected about them.
You agree to use user information only for:
Tradows-transaction-related purposes that are not unsolicited commercial messages.
Using services offered through Tradows (e.g. escrow, insurance, shipping and fraud complaints).
Other purposes that a user expressly chooses.
We use "cookies" (small files placed on your hard drive) on certain pages of the Site to help analyze our web page flow, customize our services, measure promotional effectiveness, and promote trust and safety.
A few important things you should know about cookies are that:
Most cookies are "session cookies," meaning that they are automatically deleted from your hard drive at the end of a session.
You are always free to decline our cookies if your browser permits, although doing so may interfere with your use of the Site.
You may encounter cookies from third parties on certain pages of the Site that we do not control. (For example, if you view a web page created by another user, there may be a "cookie" placed by that web page.)
No spam, spyware or spoofing
We and our users do not tolerate spam. Make sure to set your Tradows notification preferences so we communicate to you as you prefer. You are not licensed to add other Tradows users other than the users in your own company, even a user who has purchased an item from you, to your mail list (email or physical mail) without their express consent. To report Tradows related spam or spoof emails to Tradows, please forward the email to email@example.com. You may not use our communication tools to send spam or otherwise send content that would violate our User Agreement. We do filter and automatically scan messages before they are sent for viruses and other illegal or prohibited content but do not permanently store email messages sent through these tools. If you send an email to an email address that is not registered in our community (via Refer a Friend or other tool), we do not permanently store that email or use that email address for any marketing purpose. We do not rent or sell these email addresses.
Your password is the key to your account. Use unique numbers, letters, and special characters and do not disclose your Tradows password to anyone. If you do share your password or your personal information with others, remember that you are responsible for all actions taken in the name of your account. If you lose control of your password, you may lose substantial control over your personal information and may be subject to legally binding actions taken on your behalf. Therefore, if your password has been compromised for any reason, you should immediately notify Tradows and change your password.
Accessing, Reviewing and Changing Your Personal Information
You can see, review and change most of your personal information by logging into the Site. Generally, we will not manually modify your personal information because it is very difficult to verify your identity remotely. You must promptly update your personal information if it changes or is inaccurate. Once you make a public posting, you may not be able to change or remove it. Upon your request, we will close your account and remove your personal information from view as soon as reasonably possible, based on your account activity and in accordance with applicable law. We do retain personal information from closed accounts in order to comply with law, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigations, enforce our Tradows User Agreement, and take other actions otherwise permitted by law.
Your information is stored on our servers located in Canada. We treat data as an asset that must be protected and use lots of tools (encryption, passwords, physical security, etc.) to protect your personal information against unauthorized access and disclosure. However, as you probably know, third parties may unlawfully intercept or access transmissions or private communications, and other users may abuse or misuse your personal information that they collect from the Site. Therefore, although we work very hard to protect your privacy, we do not promise, and you should not expect, that your personal information or private communications will always remain private.