SHETRADES, LLC
TERMS AND CONDITIONS
Welcome to Shetrades LLC. By using the services on Shetrades you are agreeing to the following terms with Shetrades LLC. Before you may use our services and site, you must read and accept all of the terms and conditions in this User Agreement and the Privacy Policy. This Agreement describes the terms and conditions applicable to your use of our services available under the domain and sub-domains of www.shetrades.com (the "Site"). If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access our services.
This Agreement is effective on December 1, 2008. We may amend this Agreement at any time by posting the amended terms on the Site. All amended terms shall automatically be effective 30 days after they are initially posted on the Site. This Agreement may not be otherwise amended except in a writing signed by you and Shetrades LLC.
No individual is permitted to have more than one single account at any time. No more than two accounts are permitted per address or household, and Shetrades has the right to limit a household to one account when it deems it necessary to protect its users from fraud, or the risk of fraud.
Accounts must be registered only by the individual using our services and site. Registration of accounts in a name other than the registrant's, fictitious or real, is expressly prohibited. Such use constitutes fraud and may give rise to criminal prosecution and substantial damages. Shetrades prosecutes fraud to the fullest extent of the law.
While using Shetrades, you will not:
• post content or items in an inappropriate category or areas on our site and services;
post items that are not authentic to the designer that you advertise;
• violate any laws, third party rights, or our policies;
• use our site or services 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 buy, or you cannot authenticate the seller’s identity;
• manipulate any item or interfere with other users’ listings;
• circumvent or manipulate our fee structure, the billing process, or fees owed to Shetrades;
• 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 using it for purposes unrelated to Shetrades);
• transfer your Shetrades account (including feedback) and User ID to another party without our consent;
• distribute or post spam, chain letters, or pyramid schemes;
• distribute viruses or any other technologies that may harm Shetrades, or the interests or property of Shetrades users;
• copy, modify, or distribute content from the site and Shetrades copyrights and trademarks;
• harvest or otherwise collect information about users, including email addresses, without their consent;
• be fraudulent or involve the sale of counterfeit or stolen items;
• violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising
• be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
• create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; or
• concurrently list for trade on a website other than Shetrades (this does not prevent linking to or advertising a Shetrade item from another website.
To post an item this Site requires a password. You agree to maintain confidentiality of your password and are solely responsible all activities associated with its use, whether authorized or unauthorized. Sharing of account passwords with other persons is a violation of this agreement and may result in account termination.
If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your ID, password, or any credit, debit or charge card number stored on the Site) you should notify Shetrades immediately of the problem to avoid possible liability for unauthorized charges to your account.
Abusing Shetrades-
Shetrades and the Community work together to keep our site and services working properly and the Community safe. Please report problems, offensive content, and policy violations to us.
Without limiting other remedies, we may limit, suspend or terminate our service and user accounts, prohibit access to our website, delay or 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 or accounts that have been inactive for a long time.'
Fees and Services
We may change our Fees and the fees for our services from time to time. Fees may be added, discontinued, or changed at any time without prior notice, provided that all users will have the opportunity to opt out before incurring any charges. Furthermore, we may choose to temporarily change our Fees Policy and the fees for our services for promotional events and such changes are effective when we post the temporary promotional event on the Site. We may in our sole discretion change some or all of our services at any time. In the event we introduce a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees associated with using our service the Site, and all applicable taxes.
You are responsible for paying all fees and applicable taxes associated with our site and services in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel, and for accounts over 180 days past due, deducting the amount owed from your PayPal account balance.)
Content
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, trademark, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future.
You will be responsible for ensuring that your listings are accurate and do not include misleading information.
We use many techniques to verify the accuracy of the information our users provide us when they register on the Site. However, because user verification on the Internet is difficult, Shetrades can not and does not confirm each user's purported identity. Thus, we have established a user-initiated feedback system to help you evaluate with whom you are dealing. We also encourage you to communicate directly with potential trading partners through the tools available on the Site.
Liability
In no event shall Shetrades be held liable for any damages whatsoever arising from use of this website or resulting from other users’ content, actions, inactions, or in any way related to the quality, condition, ownership or availability of items listed by other users. You acknowledge that Shetrades is not a traditional retailer, and has no knowledge of the quality, condition, ownership or availability of the items listed by users of the website. The Shetrades website is merely a venue to allow users to offer, sell and purchase items. Shetrades is not a party to any transaction between a buyer and seller. Shetrades has no control over and is not a party to the transfer of ownership of items from a seller to a buyer. Shetrades has no knowledge of, control over, and cannot and does not make any representation or guarantee of the quality, safety condition or availability of items offered by users, nor the truth or accuracy of users’ content or listings on the website, the ability of sellers to sell the items listed, the ability of buyers to purchase or pay for the items, or that a buyer or seller can or will complete a transaction.
SHETRADES DISCLAIMS ALL EXPRESSED AND IMPLIED WARRANTIES WITH REGARD TO ALL INFORMATION, SERVICES, AND ITEMS CONTAINED ON THIS WEBSITE WITHOUT LIMITATION. SHETRADES SERVICES ARE PROVIDED “AS-IS” AND “AS-AVAILABLE”, WITHOUT WARRANTY OF ANY KIND.
Shetrades cannot and does not guarantee continuous or secure access to its services. Operation of the website may be interfered with by numerous factors outside the control of Shetrades. Shetrades shall not be liable for any losses or damages of any kind arising from use of the website, whether direct or indirect, compensatory or punitive, consequential or otherwise. You agree to indemnify, defend and hold harmless Shetrades from liability, loss, claim and expense (including reasonable attorneys’ fees) related to your use of the website. If for any reason, Shetrades is determined to be liable for damages for any reason, in no event shall the damages exceed fees actually paid to Shetrades by the user for the transaction in dispute.
Resolution of Disputes
Any controversies or disputes arising between you and Shetrades shall be resolved by binding arbitration in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association. The parties shall endeavor to select a mutually acceptable arbitrator knowledgeable about issues relating to the subject matter of the dispute. In the event the parties are unable to agree to such a selection, each party will select an arbitrator, and those two arbitrators in turn shall select a third arbitrator who shall serve as the sole arbitrator of the dispute. The arbitration shall take place at a location mutually agreed upon by the parties, or if they are unable to agree, then at Columbus, Ohio. All documents, materials, and information in the possession of each party that are in any way relevant to the claim or dispute shall be made available to the other party for review and copying no later than 30 days after the notice of arbitration is served, and at least 30 days prior to the arbitration.
The arbitrator shall not have the authority, power, or right to alter, change, amend, modify, add, or subtract from any provision of the terms or conditions of usage of the Shetrades website. The arbitrator shall have the power to issue mandatory orders and restraining orders in connection with the arbitration. The award rendered by the arbitrator shall be final and binding upon the parties, and judgment may be entered thereon in any court having jurisdiction. The agreement to arbitration shall be specifically enforceable under prevailing arbitration law.
Release
You release Shetrades and its officers, directors, agents, subsidiaries, joint ventures and employees from all claims, demands and damages of every kind and description, whether known and unknown, arising out of or in any way connected with your use of our services and website. If you are a California resident, you waive California Civil Code §1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
We do not control the information provided by other users that is made available through our system. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using the website. Please note that there are also risks of dealing with underage persons or people acting under false pretense. By using this webite, you agree to accept such risks. Shetrades shall under no circumstances be responsible for the acts or omissions of users of the website.
Shetrades may make available to users message boards, opinion forums, bulletin board services or other interactive communication facilities (“forums”). Shetrades cannot review all communications made on or through the website. However, Shetrades reserves the right to monitor the forums and edit, modify or delete any materials which Shetrades in its sole discretion determines to violate this Agreement or to be in any other way offensive or contrary to any Shetrades policy, either written or unwritten. Shetrades further reserves the right to use posted materials for its own purposes for marketing, communication, advertising, or any other purpose at the sole discretion of Shetrades. You agree not to use Shetrades forums for the posting of any material that is illegal, threatening, sexually explicit, pornographic, obscene, infringing on intellectual property rights, injurious to third parties, defamatory, or otherwise objectionable.
Shipping
You agree to ship your item within 72 hours of completion of a trade. Failure to do so is in violation of Shetrades policy and may result in suspension of your account .
Items lost or damaged in transit are the sole responsibility of the shipping member. Shetrades is not responsible for any item that is shipped by a member and is lost or damaged in the shipping process.
Return Policy
Shetrades does not offer a return policy. All users are encouraged to take advantage of the user ratings system to review a sellers reputation.
Access and Interference
Much of the information on the site is updated on a real-time basis and is proprietary or is licensed to Shetrades by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the sites 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 sites without the prior expressed written permission of Shetrades and the appropriate third party, as applicable;
Interfere or attempt to interfere with the proper working of the sites or any activities conducted on the sites; or
Bypass our measures we may use to prevent or restrict access to the sites.
Privacy
We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in the Shetrades Privacy Policy. We view protection of users' privacy as a very important community principle. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. You can access and modify the information you provide us and choose not to receive certain communications by signing-in to your account. For a complete description of how we use and protect your personal information, see the Shetrades privacy policy. If you object to your Information being transferred or used in this way please do not use our services.
Indemnity
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
No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.
Notices
Except as explicitly stated otherwise, legal notices shall be served to the email address you provide to Shetrades 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.
