ExchangeTree Terms and Conditions
Last updated: 3/7/2014
- ExchangeTree, ExchangeTree.org, us, our, and we shall mean ExchangeTree as an entity and shall include all Services and features available through logged in and logged out access of ExchangeTree.org.
- Services shall mean all aspects, features, and services provided for use on the website ExchangeTree.org, to include services provided by ExchangeTree as an entity and by ExchangeTree employees, representatives, agents, contractors, officers, directors and affiliates.
- Member or Members shall mean any and all persons who or entities which have registered on ExchangeTree.org and created an account allowing them access to our Services.
- Offering or Offerings shall mean all content listed in any Member's profile, including but not limited to all material, content, descriptions, claims to credibility and expertise, photos, and links.
- Site shall mean the website named ExchangeTree.org and all pages, content and features available through or on ExchangeTree.org.
- ExchangeTree Representatives shall mean our officers, directors, employees, contractors, agents and affiliates.
- Member Content or Content shall mean any and all material that Members can create, post, link to, and/or store via ExchangeTree.org, which includes but is not limited to postings, messages, text, hyperlinks, third party websites, information, data, code, images, sound, video, account information, and graphics.
- Exchange(s) shall mean the process by which, and the results of, Members interacting through our Exchange Proposal and Messaging system, agreeing between themselves on the terms of an exchange of their respective Offering items, and following through on those terms.
ExchangeTree may modify the Terms and Conditions at any time at its sole and exclusive discretion which shall become effective upon posting the revised Terms and Conditions to the Site. We will notify you of changes by either contacting you directly or by posting the revision date at the top of this document. You are advised to review these Terms and Conditions from time to time. By you accessing this Site and your continued use of the Site and the Services you agree that we may make such modifications.
1. AgeYou must be at least eighteen (18) years of age to access or use the Site and Services and you hereby represent that you are at least eighteen (18) years of age.
2. Registration and Account InformationIn order to fully access and use ExchangeTree, you will have to register and create a Member account. Accordingly, you represent that you will create only one account and you will not register an account for any other person or entity without such party's express authorization. You will provide truthful, accurate, and complete information about yourself, and about the items listed in your Offering section. No information will be false or misleading. You will maintain the account by updating the information as necessary to keep it accurate and complete.
You will protect your username and password and will not disclose such information to any individual. You accept and assume full responsibility and liability for all activities that take place in your account and you fully accept all risks of any exposures that may occur whether such occurrences, access to or use of your account was authorized or not. You will promptly notify ExchangeTree if you believe or learn of any unauthorized access to or use of your account or other security breaches.
3. Interaction with Other Members
3.1 Disputes and Involvement PolicyOur Services provide a platform for Members to exchange with each other, connect and communicate with each other, and to learn new things. If a dispute arises between you and another Member as a result of the use of our Services, we advise you to attempt to mediate or resolve the dispute directly with that Member. ExchangeTree has no involvement or interest in, makes no representations or warranties as to, and has no responsibility or liability with respect to any communications, transactions, interactions, Exchanges, disputes, or any relations of any kind between you and any other Member, person or organization. You are solely responsible for your interactions with other Members. You agree to indemnify, defend and hold ExchangeTree and ExchangeTree Representatives harmless from any damages related to your use of or reliance on any Member Content, including but not limited to any item listed within a Member's Offering section. We reserve the right, but have no obligation, to monitor interactions between you and other Members.
3.2. ExchangesExchangeTree makes no claims as to the quality of the Exchanges between Members. Members use our Services and make Exchanges at their own risk. ExchangeTree cannot be held accountable for the terms of an Exchange, an unsatisfactory Exchange, an unsatisfactory reference, or any other matter that is decided between or by Members through our Services. By using our Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or third party that caused you harm, and you agree not to attempt to impose liability on, or seek any legal remedy from ExchangeTree with respect to such actions or omissions. As such, we encourage open, thorough, and considerate communication between Members regarding Exchanges and any conflicts or misunderstandings.
3.3. ExchangeTree VolunteersExchangeTree Members may choose to volunteer their time and efforts to the ExchangeTree community, which entails participating in and coordinating activities such as meeting with new members, organizing community events, carrying out outreach projects, and answering questions. Volunteers are not agents of ExchangeTree and ExchangeTree is not responsible or liable for any acts or omissions of these Members. Any volunteering Member may organize in-person meetings and host events for other Members; however, these events are not sponsored or endorsed by ExchangeTree and Members attend such meetings and events at their own risk.
4. Identity (ID) Confirmation Feature
4.1. How the ID Confirmation Feature WorksExchangeTree aims to make our community as safe as possible. Thus, ExchangeTree has developed the optional Identity Confirmation feature, for which any Member may apply. To apply for this feature, Members submit an official form of identification (driver's license or passport) to an official ExchangeTree representative, who confirms that the name in that member's account and the name on their ID are the same. Once confirmed, that Member's full name will appear on their profile, visible to all other Members, with a stamp next to it signifying that they have completed the ID Confirmation option.
4.2. Limitations to the ID Confirmation FeatureAlthough this feature is intended to assist with identity confirmation, we cannot and do not verify any Member's identity with any certainty. ExchangeTree does not represent or warrant that our methods are sufficient to determine a Member's true identity or whether it is appropriate for you to interact with a given Member. Further, we do not endorse any Member or user of our Services, even if featured in the ExchangeTree blog. We do not investigate or verify any Member's reputation, conduct, morality, criminal background, or any information members may submit to the Services (other than that already mentioned as investigated through our Identity Confirmation feature). You are solely responsible for deciding with whom you should interact through our Services. Therefore, ExchangeTree encourages you to take precautions when interacting with other members, particularly when meeting a stranger in person for the first time. Please see our Safety Measures and Tips for more details.
4.3. Application for the ID Confirmation FeatureWe may, in our sole discretion, turn down any Member who opts and applies for the ID Confirmation feature. If we suspect that a Member has sent us an ID that is falsified in part or whole, does not belong to that Member, has been photoshopped or altered, or is otherwise inappropriate or insufficient, we will inform said Member, return to them their money used to purchase this feature, and deny them access to the ID Confirmation feature. By applying for the ID Confirmation feature, you understand that ExchangeTree will accept or reject your application to this feature in its sole discretion, and thus you cannot and will not hold ExchangeTree liable or accountable for any damages resulting from our rejection of your application for this feature, including but not limited to any real or imagined harm done to your credibility and reputation on the Site. ExchangeTree's acceptance or rejection of any Member's application for the ID Confirmation feature does not affect ExchangeTree's right to, in its sole discretion, accept or reject the application of any other Member for the ID Confirmation feature. ExchangeTree's acceptance or rejection of any Member's application for the ID Confirmation feature does not mean that ExchangeTree can or will guarantee the accuracy, reliability, or truthfulness of the form of identification provided by a Member whose application we do accept, nor can we or will we guarantee that the form of identification provided belongs to, with certainty, the Member providing it.
5. Member Content and ConductExchangeTree does not control, does not regulate, and is not responsible for any Member Content or conduct. While we provide rules and guidelines for Member Content and conduct to which all Members agree, we cannot and do not enforce these rules with any regularity, and we take action or inaction to enforce these rules in our sole discretion. We make no claims or warranties as to the quality or reliability of Content in a Member's profile. You are solely responsible for your access to, use of, and/or reliance on any Member Content. You are solely responsible for conducting any appropriate inquiry or research with respect to any Member Content. As a Member, you are solely responsible for following these rules when using the Services, as well as for any liability or damages caused because of your violation of these rules. ExchangeTree is not responsible for any inappropriate, obscene, offensive, unlawful, or otherwise objectionable conduct of any Member or Content posted by any Member.
5.1. Member ContentYou agree to the following regarding any Content you post as a Member of ExchangeTree:
- You will not post Content that is unlawful, defamatory, libelous, discriminatory, threatening, invasive of privacy or publicity rights, or that would otherwise create liability or violate any local, state, national or international law.
- You will not post Content that is sexually explicit or obscene, pornographic, indecent, suggestive, sexually exploitative of minors, or that contains nudity.
- You will not post Content that is stereotypical, disparaging, or discriminatory regarding or against any ethnicity, race, class, disability, religion, ideology, nationality, sexual orientation, gender, gender identity, medical condition, or any self- or group-identification.
- You will not post Content that is violent, incites violence, promotes or glorifies violence, or suggests that violence is acceptable or appropriate.
- You will not post Content that depicts, promotes, or glorifies the use of illegal druvgs.
- You will not post Content that contains offensive language or other objectionable material.
- You will not, without our written consent, post any commercial or promotional Content, including but not limited to advertising, solicitation, political campaigning, or religious or ideological persuasion.
- You will not post Content that contains personal or private information about any third party, unless said party has agreed to the disclosure and publication of this information.
- You will not post Content that contains viruses, corrupted data or other harmful, disruptive or destructive code.
- You will not post Content that may be in or encourages violation of the rights of any third party. You will not post Content to which the intellectual or proprietary property rights belong to a third party (including but not limited to patents, trademarks, trade secrets, and copyrights), and by posting any Member Content, you represent and warrant that you have the lawful right to publish such Content.
- You will maintain the Content on your account, and take responsibility for ensuring that all information and Content within your account is truthful, accurate, complete, and up-to-date.
5.2. Member ConductYou agree to the following regarding your conduct as a Member of ExchangeTree:
- You will not harass, threaten, stalk, assault, or intimidate any Member, online or offline.
- You will not use our Services to do, promote, or encourage anything unlawful, malicious, misleading, discriminatory, or that in any way violates any applicable law or regulation.
- You will not violate the rights of any third party, including but not limited to intellectual property, privacy, or contractual rights.
- You will not collect or store any information about any other Member without said Member's written consent.
- You will not register for more than one Member account.
- You will not misrepresent yourself, impersonate any person or entity, or falsify or misrepresent your affiliation with any person or entity, whether by providing or omitting information.
- You will not “spam" Members of ExchangeTree (which includes but is not limited to bulk messages, copy-pasted messages, and unsolicited messages of a commercial, religious, political, romantic, or other nature that is not within the intended purposes of our Services).
- You will not bypass or attempt to defeat any security measure relating to use of the Services, or assist others in doing so.
- You will not use the Services in any manner that could disrupt, inhibit or otherwise negatively affect other Members' use and enjoyment of our Services, including but not limited to any action that might impair or damage the functioning of the Services in any manner, or the uploading of viruses or other malicious code.
5.3. Member OfferingsYou agree that you will not use the Offering section of your profile to offer, Exchange, list, or otherwise include content that is illegal, that promotes or aids in illegal activity, or that would be illegal to sell, distribute, or exchange. Furthermore, you are prohibited from listing the following items, or related items, in your Offering section, whether or not such items are illegal:
- Drugs, prescription medications, unlabeled or relabled substances, or any other substances that are not otherwise legally available and accessible to the public without prescription.
- If you list any type of or anything containing alcohol in your Offering section, you are prohibited from distributing said alcohol to anyone under 21 years of age, in accordance with U.S. Federal Law. You are solely responsible for assuring that the recipient of your offer is at least 21 years of age, and you are solely liable if charges are pressed if and because the recipient is under 21 years of age.
- Prostitution, sexual favors or acts, pornography, or any other sex-related offer.
- Weapons, explosive or potentially dangerous chemicals.
- Inside, confidential, or other information that exploits, violates, or causes damages for any third party.
7. SubmissionsExchangeTree encourages Member questions, feedback, comments, suggestions and ideas for how we can make the Site better for everyone (collectively called “Submissions"). If you provide us with a Submission by any means, including but not limited to by email, phone, and in-person meetings with ExchangeTree Representatives, you agree that it is non-confidential and shall become the sole property of ExchangeTree, unless ExchangeTree has stated otherwise in writing. ExchangeTree will own exclusive rights, including all intellectual property rights, and will be entitled to the unrestricted use and circulation of Submissions for any purpose. You acknowledge that ExchangeTree is not obligated to provide acknowledgment or compensation to you in exchange for your Submissions unless ExchangeTree has stated otherwise in writing.
8. Third Party ContentIn using our Services, and on the ExchangeTree blog, you may be exposed to content, services, links, information, websites or products from other Members or third parties (collectively called “Third-Party Content"). We do not endorse, control, or screen any Third-Party Content, which also pertains to any Members, third parties, organizations, information or products featured on the ExchangeTree blog. ExchangeTree has no responsibility for Third-Party Content, including but not limited to material that may be misleading, incomplete, inaccurate, offensive, or otherwise objectionable. You understand that you must use your own discretion and navigate through Third-Party Content at your own risk, including but not limited to profiles of other Members and Member Content within our Services.
9. TerminationExchangeTree may, in our sole discretion and without liability to you or us, terminate your access to our Services or deactivate or delete your Account. We may terminate your account if you violate the letter or spirit of these Terms and Conditions, or otherwise create risk or possible legal exposure for us. Failure of ExchangeTree to terminate your access shall not be construed as a waiver of any of our rights or create any liability on the part of ExchageTree. If your access to ExchangeTree is terminated, you are not permitted to register for another ExchangeTree account without our prior written permission. You may terminate your ExchangeTree account at any time and be released from these Terms and Conditions, however, such provisions of the Terms and Conditions, which, by their nature, are intended to survive such termination, shall survive, to include but not limited to the following Terms and Conditions provisions: 3.1 (Disputes and Involvement Policy), 3.3 (ExchangeTree Volunteers), 5 (Member Content and Conduct), 7 (Submissions), 8 (Third Party Content), 11 (Disclaimer of Warranties), 12 (Limits on liability), 13 (Indemnity), and 15 (Member Warranties and Representations).
10. DiscontinuanceWe intend to keep ExchangeTree running as long as it is useful to our Members, and any modifications we make to the Site are meant to improve our Members' experiences. However we may, in our sole discretion and without liability to you or us, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, any portion of our Services.
11. Disclaimer of WarrantiesWe aim to keep ExchangeTree up, running, bug-free, safe, and satisfactory, but you register for and use our Services at your own risk. We do not represent or warrant that our Services and the Site will operate uninterrupted, timely, error-free or in a secure manner. We shall not be responsible for correcting any errors, faults, deficiencies or inaccuracies regarding information, data, material, software or otherwise. There are no warranties, express or implied, by operation of law or otherwise. ExchangeTree disclaims the implied warranties of merchantability and fitness for a particular purpose, title and non-infringement. Any information, data, material, service or otherwise is provided “as is" without warranty or representation as to accuracy or reliability and you agree to use the services at your own risk. Furthermore, we do not warrant or represent that this Site and the Services meet your requirements and you acknowledge that you have independently evaluated the same for suitability of your needs and expectations.
12. Limits on LiabilityNO EVENT SHALL EXCHANGETREE OR EXCHANGETREE REPRESENTATIVES BE LIABLE FOR ANY LOSS OR DAMAGE INCLUDING, WITHOUT LIMITATION, (I) LOSS OF PROFITS, LOSS OF PROPERTY OR DATA OR LOSS OF USE OR (II) DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, LIQUIDATED OR CONSEQUENTIAL DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE) ARISING FROM OR RELATING TO ANY MATTER REGARDING THE SITE OR SERVICE TO INCLUDE BUT NOT LIMITED TO (A) THE USE OR INABILITY TO USE THE SERVICES OR SITE, (B) UNAUTHORIZED ACCESS TO YOUR ACCOUNT OR INFORMATION OR MATERIAL IN YOUR ACCOUNT, (C) DISCLOSURE, LOSS OF, DAMAGE, MODIFICATION, CORRUPTION OF PROGRAMS, YOUR ACCOUNT OR INFORMATION OR MATERIAL IN YOU ACCOUNT, (D) INTERRUPTIONS OR DISCONTINUANCES OF THE SERVICE OR THE SITE, (E) TERMINATION OF YOUR ACCESS AND YOUR ACCOUNT, (F) REPLACING, REFUNDING ANY PROPERTY, ARTICLES, ITEMS, MATERIAL, DATA INFORMATION OR SERVICES TRANSFERRED, DISTRIBUTED, CONVEYED, RECEIVED OR OTHERWISE EXCHANGED, (G) ACTS, INACTIONS, ERRORS, OMISSIONS, NEGLIGENCE, MISCONDUCT, CRIMINAL ACTIVITIES OF ANY MEMBER OR OTHER THIRD PARTY, (H) MATERIALS, ITEMS, PROPERTY, CONTENT, ARTICLES, INFORMATION, DATA, SERVICES OR OTHERWISE OF ANY MEMBER OR OTHER THIRD PARTY, OR (H) BEHAVIOR SUCH AS BUT NOT LIMITED TO ASSAULT, STALKING, THREATENING, PERSONAL INJURY, DEATH OR PROPERTY DAMAGE CAUSED BY ANY MEMBER OR OTHER THIRD PARTY RESULTING FROM ANY INTERACTION ON THE INTERNET OR OFF THE INTERNET IN RELATION TO THIS SITE OR SERVICE.
13. IndemnityIn the event that another Member or third party files a claim or brings suit against ExchangeTree and ExchangeTree Representatives relating directly or indirectly to your acts, inactions, errors, omissions, negligence, misconduct, criminal acts, account, use of the Site or Service, items, articles, data, content, or information on ExchangeTree, or your violation of these Terms and Conditions, you shall defend, indemnify and hold harmless ExchangeTree and ExchangeTree Representatives from and against any and all liabilities, actions, proceedings, judgments, claims, damages, loss, demands, actions, costs or expense, including but not limited to reasonable attorneys' fees. Further, if you are using the Services or accessing the Site on behalf of any entity, you represent and warrant that such entity agreed to indemnify you and ExchangeTree for violations of these Terms and Conditions and in accordance with this indemnification provision. ExchangeTree will have the right, in our sole discretion, to control and settle any suit, action or proceeding whether or not adverse to you. You shall not make any settlement or take any action that would be adverse to ExchangeTree without our express written consent. Although we provide rules and procedures for user content and conduct, we do not control or direct Members' actions on ExchangeTree and are not responsible or liable for the content provided by or conduct of you or any Member, online or offline.
14. Reporting MisconductIf you interact with anyone through our Services who you believe is acting or has acted inappropriately, including but not limited to offensive, violent, hateful, harassing, or sexually inappropriate behavior, has stolen from you, or has otherwise violated these Terms and Conditions, we strongly encourage you to immediately report such person to the appropriate authorities, and to us by contacting us. Please note that although we encourage you to report misconduct, we are not responsible or liable for our Members' actions or inactions, and we are not obligated to take any action.
15. Member Warranties and Representations15.1 You warrant and represent that you have the full power and authority to enter into and act under these Terms and Conditions. If you are using our Services on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity's behalf.
15.2 You warrant and represent that you will use our Services in a manner consistent with all applicable local, state, provincial, national and international laws and regulations.
15.3 You warrant and represent that you will only use our Services if the laws of your country allow you to do so in accordance with these Terms and Conditions. By using the Services, you warrant and represent that such use will not violate, or cause us to violate, the laws of your country, province or state.
These Terms and Conditions shall be governed by the laws of the Commonwealth of Massachusetts, excluding conflict-of-law or choice-of-law principles. Litigation by Member to enforce its rights may be brought only in a court of competent jurisdiction within the Commonwealth of Massachusetts. ExchangeTree may file suit in Massachusetts or in any jurisdiction where its rights may be threatened, and judgment will be enforceable in any state or country. The parties consent to the exclusive jurisdiction of such courts and consent to the service of process by registered or certified mail. These Terms and Conditions represent the entire agreement between the parties regarding the subject matter, superseding and replacing any additional or inconsistent terms and conditions. No amendment, waiver, or cancellation of any part of these Terms and Conditions shall be valid unless in writing and signed by ExchangeTree. Omission by ExchangeTree to remedy a default or enforce rights reserved to it, or to require performance of any of the Terms hereof, shall not be a waiver, nor shall it affect the right of ExchangeTree to enforce such provisions thereafter. If any provision of these Terms and Conditions is contrary to, prohibited by, or deemed invalid under applicable laws of a jurisdiction in which it is sought to be enforced, then such provision shall be deemed inapplicable and omitted, but shall not invalidate remaining provisions. Headings of sections are meant for convenience only and shall not be used to define or limit such sections.
Please Contact Us with any questions regarding these Terms.