2. Use of Website
Information within the Site, including any policies or procedures, is intended as general guidance only. Except as expressly provided in the Site, the information does not constitute a contract with you or amend or alter any contract TradeOut has with you. Your use of the Site is subject to the Online Privacy Statement, which you can access by a link at the bottom of this Site’s webpages. If you are an enrolled seller or buyer, your use of those services is subject to TradeOut’s Terms & Conditions, which you can access by a link at the bottom of this Site’s webpage.
Products or services mentioned in the Site are available only in the United States and may not be available in all geographic areas. Your eligibility for particular products or services is subject to approval or acceptance by TradeOut. You are responsible for internet connectivity and any computer hardware, software, or other equipment necessary to access the Site.
Unauthorized use of the Site, including but not limited to unauthorized entry into TradeOut’s systems through the Site, misuse of passwords, or misuse of any information posted to the Site, is strictly prohibited. You agree that you will not engage in any activities related to the Site that are contrary to applicable law, regulation, or terms of any agreements you have with TradeOut.
3. Prohibited Uses
4. Third Party Links
5. Trademarks and Copyrights
The name TradeOut LLC and all TradeOut logos are trademarks owned by Tradeout LLC, in the territories for which such marks are registered and/or used. You may not use, copy, display, distribute, modify, or reproduce any of the trademarks on the Site except pursuant to a written trademark license agreement with the owner of such mark.
TradeOut maintains the Site as a service to the Internet community. Unless otherwise identified, all content within the Site (including the design, text, images, graphics, software, and other content) is protected by the U.S. copyright laws and international treaties. You may use, download, or copy the content only for your personal, non-commercial use, provided that the copyright notice shown below appears on all copies along with this permission notice, and provided no modifications to the content are made. Use for any other purpose or any modification of the content is prohibited. You do not acquire any ownership rights by downloading or copying the copyrighted material.
Copyright Notice: © 2021-2023 TradeOut LLC. All rights reserved.
If you believe in good faith that materials available on the Site infringe your copyright, you or your representative may send TradeOut a notice requesting us to remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the Digital Millennium Copyright Act permits you to send TradeOut a counter-notice. Learn more at the U.S. Copyright Office website.
Address for Notice:
P.O. Box 4522
St.Paul, MN 55101
Attn: DMCA Notice
All information submitted to TradeOut via this Site shall be deemed and remain the property of TradeOut, and TradeOut shall be free to use, for any purpose, any idea, concepts, know-how, or techniques contained in information you provide TradeOut through this Site. TradeOut shall not be subject to any obligations of confidentiality regarding submitted information except as specifically agreed in writing or required by law.
7. Disclaimer of Warranties and Limits of Liability
For purposes of this section, the “TradeOut Parties” means: (1) TradeOut; (2) TradeOut’s employees, officers, and directors; (3) TradeOut’s agents, licensors, independent contractors, and subcontractors; and (4) third party service providers that the TradeOut Parties use.
The Site and services on the Site are provided to you AS-IS. The TradeOut Parties make no warranties of any kind for the Site or services. This includes both express warranties and implied warranties. Implied warranties include implied warranties of merchantability and fitness for a particular purpose. A warranty is a guarantee that the Site or services will meet certain standards. No license to you is implied by these disclaimers.
The TradeOut Parties do not warrant that the Site or services will be uninterrupted or error free, or that defects will be corrected. They also do not warrant that the Site is free of viruses or other harmful components. They also do not warrant the timeliness, accuracy, reliability or completeness of the Site or services. Any dated information is published as of that date only, and TradeOut Related Parties do not undertake any obligation or responsibility to update or amend any such information.
In no event will any of the TradeOut Parties be liable to you for any incidental, consequential, special, indirect, or punitive damages. This limitation of liability applies, whether you base an action against the TradeOut Parties on a contract; a warranty; a tort (such as claim of negligence, recklessness, or intentional act); or any other theory. This limitation of liability applies even if any of the TradeOut Parties know about the possibility of such damages. Therefore, by way of example, the TradeOut Parties will not be liable to you for lost data, lost profits or goodwill, investment losses, finance charges, lost opportunities, cost of obtaining substitute services, or other economic damages.
The laws of some states may prohibit the limitation of liability for consequential damages, or incidental damages, or other kinds of damages. In those states, to the extent their laws apply, the limitation of liability with respect to consequential damages, or incidental damages (or other damages specified by law in such states), may not apply.
9. Right to Modify
10. Governing Law
Except as otherwise expressly provided in the Site, your access to and use of the Site are governed by and will be construed in accordance with applicable the laws of the State of Minnesota, without regard to the principles of conflicts of laws.