Terms of Use

(Effective January 3, 2023)

1. Terms of Use

This website (“Site”) is owned and controlled by TradeOut LLC (“TradeOut”), which provides information regarding the products and services offered by TradeOut. Your use of the Site or any part of it constitutes your agreement to all of the following terms, conditions, and notices (“Terms of Use”). If you do not agree with these Terms of Use, your sole remedy is to discontinue using the Site. The Site is not intended for use by individuals under the age of 18.

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

You acknowledge and agree that you are prohibited from using the Site in any way that (1) is unlawful, threatening, violent, abusive, hateful, defamatory, slanderous, libelous, deceptive, fraudulent, tortious, indecent, vulgar, profane, obscene, or in a manner that TradeOut deems in its sole discretion to be inappropriate; (2) accesses, collects, or stores personal information about others; (3) violates or infringes the rights of anyone else, including, for example, another person’s right to privacy or intellectual property rights of TradeOut, its licensors, or a third party; (4) impersonates any person, business, entity, or IP address (e.g., IP spoofing); (5) involves uploading, posting, emailing, transmitting, or otherwise making available any materials that you do not have a right to make available; (6) constitutes data mining, data gathering, data extraction, advertising, marketing or promotional activities, or involves spam, phishing, or other unsolicited messages; (7) misuses, reproduces, duplicates, copies, sells, resells, makes any derivative use of, or otherwise exploits any information, material, software, products, or the Site for any commercial purpose without prior, express written consent of TradeOut; (8) alters, damages, or deletes any materials or content provided by TradeOut; (9) frames or utilizes framing techniques to enclose any trademark or other proprietary information (including images, text, page layout or form) of TradeOut or its licensors without prior, express written consent of TradeOut; (10) uploads, transmits, or shares with the Site any computer viruses or other disruptive, damaging, or harmful files or programs; or (11) otherwise violates these Terms of Use or any other guidelines or policies provided by TradeOut.

4. Third Party Links

The Site may contain links to websites owned or controlled by third parties not affiliated with TradeOut. TradeOut disclaims responsibility for any third-party’s website content, products, privacy policies, or security, notwithstanding that the third-party’s website may be linked to the Site. Any advice, opinions, or recommendations in third-party websites are those of the providers and not TradeOut. In the event you choose to use the services available at or through a third-party’s website, you agree to read and adhere to the policies and terms of use applicable to that site. Your participation in any third-party website, including payment for and the delivery of goods or services, is based solely on the agreement, if any, between you and the third-party provider.

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:

TradeOut LLC                                                  
P.O. Box 4522
St.Paul, MN 55101
Attn: DMCA Notice

6. Submissions

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.

Without limitation, the TradeOut Parties will not be liable to you for any loss, claim, injury, or damage in connection with: (1) these Terms of Use; (2) your use of the Site or inability to use the Site; (3) any problems with the communications between you and us; (4) any unauthorized interception of the communications between you and us; (5) any computer virus; or (6) the actions or inactions of any third parties. This limitation on the TradeOut Parties’ liability applies, even if any of them are aware of the possibility that any events described in (1) through (6) could occur.

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.

8. Severability

If any provision of these Terms of Use is determined to be unenforceable, or invalid, such determination shall not affect the validity or enforceability of the remaining provisions.

9. Right to Modify

TradeOut reserves the right to modify these Terms of Use at any time without notice. However, the most current version of these Terms of Use will always be posted on the Site and available by clicking the link at the bottom of the webpage. By continuing to use the Site after these Terms of Use have been modified and posted on the Site, you agree to be bound by the Terms of Use as modified.

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.