User Agreement

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CommuniTrader.com

TERMS OF USE

(Revised September 1, 2020)

 

TERMS AND CONDITIONS

CommuniTrader.com, a Maryland LLC (hereinafter referred to as “We”/”Us”/”CommuniTrader”) makes available several services which include but are not limited to the services offered on www.CommuniTrader.com (hereinafter referred to as the “Site”) and mobile software application which shall be released soon (“Mobile App”). 

These Terms and Conditions (hereinafter referred to as the “Terms”) shall govern the use of the Site and the Mobile App and other services offered by Us to the extent that such terms and conditions do not conflict with any other user license agreement or separate license agreement made applicable to the Mobile App or other services from time to time. In the event of inconsistency, the latter terms and conditions shall prevail.

Any person (hereinafter referred to as the “User”) willing to browse, access or use the Site in any manner is advised to read through and understand these Terms and Conditions and the Privacy Policy before proceeding to use or access the Site. 

By accessing the Site you hereby agree and accept to be bound by these Terms and Privacy Policy. If you do not agree to be bound by these Terms or the Privacy Policy, you are not authorized to use any part of the Services offered by Us. Violation of any of the foregoing will result in the termination of your account, your access and authorization to the use of the Services. 

ELIGIBILITY: The User must have attained the minimum age of 18 (eighteen) years to access and use the Services unless you are under the direct supervision of an adult. By accessing and using the Site, you hereby accept and warrant that you are at least 18 (eighteen) years of age or under the direct supervision of an adult and are competent to enter into binding legal agreements. 

NOTICE:

 

1. The Services provided by CommuniTrader are still in the beta testing phase, the features of which are subject to such modifications, improvements and/or amendments in accordance with the needs, requirements and Users’ utilization of the Site.

2. The Users hereby acknowledge and accept that there may arise situations which may cause malfunction, including possible loss of data during input, transmission or processing due to the dynamic characteristics of the Site. The Users herein agree to maintain separate, safe copies of your data at all times.  

3. The Users herein agree and accept that CommuniTrader is not responsible or liable for the following, including but not limited to: 

a) any errors or harm caused to the recovery of or compensation for any of the data lost 

b) to correct any errors that may occur

c) to provide technical support related to use of any aspect of the Service.

4. CommuniTrader has the right to modify, withdraw, or discontinue the Service at any time, in whole or in part, with or without notice, at our sole discretion.

 

1. DEFINITIONS 

 

1.1 “Community” shall mean any group of individuals formed for the purpose of exchange of goods and Services. Examples of Community would be family, roommates, neighbors, classmates, co-workers, and members of a church, club, team, or organization.  Communities can be sub-divided and/or combined as often as need be to form additional Communities.

1.2 “Community Slot” shall mean a place holder for one of your Communities on the Site. Communities may be moved in and out of Community Slots at any time. 

1.3 Intellectual Property” shall mean collectively or individually, the following worldwide rights relating to intangible property of CommuniTrader, whether or not filed, perfected, registered or recorded and whether now or hereafter existing, issued or acquired: (i) patents, patent disclosures, patent rights, know-how, including any and all continuations, continuations-in-part, divisions, reissues, re-examinations, utility, model and design patents or any extensions thereof; (ii) rights associated with works of authorship, including without limitation, copyrights, copyright applications, copyright registrations; (iii) rights in trademarks, trademark registrations, and applications therefore, trade names, service marks, service names, logos, or trade dress; (iv) rights relating to the protection of trade secrets and confidential information; and (v) internet domain names, internet and world wide web URLs or addresses; and (vi) all other intellectual or proprietary rights anywhere in the world including rights of privacy and publicity, whether or not requiring registration and whether or not such registration has been obtained.

1.4 “User” shall mean any person who browses, access or uses the Site in any manner.

 

2. SERVICES

 

2.1 CommuniTrader provides Services to facilitate the exchange of goods and services, cash-free in one place with selected members by viewing the information displayed by another User on their account thereby facilitating transactions directly between the Users, including but not limited to selling, swapping, renting, lending, giving away and donating of the products. 

2.2 Users herein agree and accept that the Services are provided by CommuniTrader to enable the use and enjoy of the benefits of the Site in the manner permitted and in accordance to these Terms and subject to all applicable laws. 

 

3. REGISTRATION AND PROCEDURE

 

3.1 The Site is meant only for individuals who have attained the prescribed minimum age to enter into a contract. Any use and access in violation of this provision shall be considered as fraudulent and CommuniTrader reserves all rights available under law. 

3.2 Users herein understand and accept that to avail the Services offered by CommuniTrader, the Users are required to register themselves with the Site.

3.3 While registering to use the Services provided by CommuniTrader, you will be asked to select an email login account and password.  The Users herein acknowledge and accept that the individual account login sharing is not permitted unless you are an adult supervising a minor.  In the case of accounts of company/organization, your company/organization will be allowed to designate one or more members, each of whom may share a single method of access to the Service. 

3.4 Users herein acknowledge and accept that they are solely and fully responsible for maintaining the confidentiality of the password and account, and (ii) all activities that occur through the password or account. In the event of any actual or potential unauthorized use of your password or account or any other actual or potential breach of security, you hereby warrant to immediately notify CommuniTrader.com. 

3.5 Users understand and accept that by registering with the Site they hereby grant CommuniTrader any and all permissions required to access their account, data, information, text, graphics, audio, video or other materials posted or uploaded to the Site and to process, submit and otherwise make available the information collected to any third party including but not limited to the demographic information, preference etc. in order to perform the Service offered by CommuniTrader.

3.6 Users herein agree and accept that the information provided by them during the sign up process is correct, accurate and updated. Information will be collected at the initial stage of registering. The information collected shall include without limitation email address, password, first name, and last name.  Social Security Number (SSN) or Tax Identification Number (TIN) may be required under certain circumstances at a later time. Credit card number and credit card expiration date will only be required if User wishes to purchase specified premium services.  . 

3.7 To register a Community, the User shall follow the page instructions found via the help link (circled question mark) on the upper right corner of the Site. The link to register the Community shall be found under the option “Communities” available under the option “My Trade Partners”.

3.8 To join an existing Community, you must obtain an ‘invite code’ for the Community from any of the members or guests of the Community. In the event the Community is searchable, the User shall click on the ‘Join this Community’ link and enter the qualifications. The Users herein agree and accept that the Super Admin of the Community has the sole right to determine whether the User is eligible to join any given Community. CommuniTrader shall duly notify that the Community has been placed under the Community Slots in order to begin trading with any of the other members or guests of such Community if you are eligible for the same.

 

4. FEES

 

4.1 Many of the Services offered by CommuniTrader can be used for free whereas some of the features have to be paid for. CommuniTrader offers several options you can benefit from regardless of your financial situation or your willingness to pay. 

4.2 The Services offered by CommuniTrader shall remain free of cost for as long as it takes you to incur $10 in fees, which may be anywhere from two days to two or more years, depending on your level of trading.  

4.3 There are three options available to the User after incurring $10 in fees.

4.3.1 If the User can afford to make the necessary fee payments, but prefers not to, they may continue to use some of the features of CommuniTrader which are available for free.

4.3.2  If the User can afford to make fee payments and is willing to, they may use all of the features of CommuniTrader and shall an additional $10 whenever their Fees Payable Account exceeds $10, or

4.3.3  If the User cannot afford to make the necessary fee payments, the User may request a fees subsidy which allows the User, to use all of the features of the Site for free for the period during which such User is experiencing financial hardship.  

4.4 Under the basic plan the User has access to several features including but not limited to:

4.4.1 Lease up to five (5) community slots for free forever.

4.4.2 Lease up to ten (10) showcase shelves for free forever.

4.4.3 Buy or rent goods and Services using cash.

4.4.4 Accept trade dollars in lieu of cash for goods and Services that you are selling or renting.

4.4.5 Swap, lend, borrow, give-away, and donate goods and Services.

4.5.1 Lease up to 20 additional Community Slots (for a leasing fee of $0.20 to $1.00 each per year, depending on the degree of cultural diversity found in the Communities with which the User trades), 

4.5.2 Lease up to 90 additional showcase shelves (for a leasing fee of $0.10 to $0.50 each per year, again depending on the degree of cultural diversity found in the Communities with which the User trades),

4.5.3 Use trade dollars in lieu of cash to buy or rent listed goods and Services (for a Trade Dollar Fee of between 1 percent and 5 percent of the number of Trade Dollars used, again depending on the degree of cultural diversity found in the communities with which the User trades),

4.5.4 TransferTtrade Dollars to the User’s Trade Partners, (for a Trade Dollar Fee of between 1 percent and 5 percent of the number of trade dollars transferred, again depending on the degree of cultural diversity found in the communities with which the User trades),

4.6.1 Pay the fees you have incurred to date and continue in the premium plan, 

4.6.2 Switch to the basic plan without having to pay the fees you have incurred to date, or

4.6.3 Request a fees subsidy of $10.

4.5 Under the premium plan, the User incur cash fees payable to CommuniTrader whenever the User uses, in addition to the features made available for free on the Site, any of the following four premium features, namely, the ability to: 

4.6 The User is offered the following three options in the event the User has incurred $10 or more:

4.7 The Users herein acknowledge that while signing up for CommuniTrader, the Users are automatically enrolled in the premium plan.  

4.8 CommuniTrader reserves the right to change or add fees to all of the Services from time to time and the right to modify any and all plans of the Site. 

4.9 In the event any User links their respective credit/debit card with their User Account, they shall be required to keep all details updated to continue availing any paid plans of the Site. 

4.10 None of the fees paid by any User shall be refundable under any circumstances.

4.11 The fee may be updated from time to time and the same will be updated on the CommuniTrader platform.

 

5. CONDITIONS, PROHIBITIONS AND RESTRICTIONS OF USE 

 

5.1 CONDITIONS OF USE 

 

5.1.1 The limits on the number of traders who may join one Community are 150 members and 50 guests if guests are allowed in the said Community. 

5.1.2 The Users herein acknowledge and accept that CommuniTrader in order to assure an orderly and controlled growth of the Site, do not allow the User to register more than one Community every 24 hours.  CommuniTrader has the sole right to increase or decrease this limit in the future. In the event a User attempts to register a second Community within 24 hours, the information that the User entered for the second Community will be saved in draft form and the User will be able to proceed with the registration process once 24 hours have passed. 

5.1.3 The Users herein understand that the number of Communities that a User may trade with at one time is limited to 25.  The User may stop trading with any of the Communities that they have joined at any time. However, the User shall wait for a period of 7 days before you may resume trading with that Community.   

 

5.2 PROHIBITED ACTIVITIES 

 

5.2.1 Any person accessing the Site or availing the Services in any manner is hereby restricted from carrying out the following activities in any manner:

5.2.1.1 Use the Site or the Services in any manner or for any purpose that is contrary to or in violation of the permissible use as determined by CommuniTrader or is in violation of any applicable law or is against the established principles of morality.

5.2.1.2 Modify or alter the whole or any part of the Site or the Services or render them incapable of full and effective use.

5.2.1.3 Alter or remove any of the proprietary markings or content from the Site or the Services including but not limited to any logos, trademarks, information, other proprietary marks or any content present on the Site.

5.2.1.4 Copying, duplicating, selling, trading or offering for sale the whole or any part of the Website or the Services or any content available on the same.

5.2.1.5 Blocking or restricting any other person’s access to the Site or to the Services.

5.2.1.6 Use any of the communication features or Services for any unlawful or otherwise inappropriate use.

5.2.1.7 Disguising, in any manner, the origin of any messages posted anywhere on the Site.

5.2.1.8 Create any profile that endorses, promotes or facilitates any unlawful or immoral activity.

5.2.1.9 Stimulate or attempt to stimulate or duplicate any of the appearance, features or functionality of the Site and/or the Services.

5.2.1.10 Access the Services in any manner other than through the Site or such means as CommuniTrader may provide.

5.2.1.11 Send any communications pertaining to any schemes, games or offers such as any pyramid schemes.

5.2.1.12 Access the Services through the Site while driving or accessing the same in any manner that may cause the User to violate any traffic rules.

5.2.1.13 Impersonating any other person.

5.2.1.14 Stalking or harassing any other User.

5.2.1.15 Create a User account for any person other than for himself/herself.

5.2.1.16 Use any of CommuniTrader’s information or content for the benefit of any competing business.

5.2.1.17 Do any act that may harm or injure any person, entity or User.

5.2.1.18 Falsifying any information or intentionally misleading or attempting to cheat any person through the Site.

5.2.1.19 Track the performance or availability of the Services for any competitive purpose.

5.2.1.20 Modify, hack or attempt to gain unauthorized access to the Site or to the Services.

5.2.1.21 Collect and store information pertaining to other Users or third parties without their consent.

5.2.1.22 Breach, circumvent or attempt to breach or circumvent any of the security measures maintained by CommuniTrader.

5.2.1.23 Disclose any confidential or personal information regarding any third party.

5.2.1.24 Use the Site or the Services to send spam, inappropriate, immoral, illegal, disturbing or age restricted communication. 

5.2.1.25 Attempt to alter the features, functions or functionality of the Services in any manner.

5.2.1.26 Alter, reverse engineer, decompile or otherwise disseminate any of the software forming a part of the Services.

5.2.1.27 Copy, modify, sell or distribute any part of the Service or software or data nor may reverse engineer or attempt to extract the source code of the software. 

 

 

5.3 RESTRICTIONS

 

5.3.1 Users shall not post, publish, upload, transmit, make public or distribute any information, material or content that is or may be construed as:

5.3.1.1 Hurtful, inciting, harmful, discriminating, defamatory, unlawful, threatening, fraudulent or misleading.

5.3.1.2 Pornographic, obscene, vulgar, inappropriate, explicit or paedophilic.

5.3.1.3 Any content containing any viruses, trojans, logic bombs, key stroke loggers or other harmful, disruptive or malicious programming or code.

 

6. ADVERTISEMENTS AND THIRD PARTY CONTENT 

6.1 The Users herein understand that the Site contains links to third party websites. We do not control the content of these websites. Unless specifically stated on this website to the contrary, CommuniTrader is not affiliated with these third parties and does not endorse nor sponsor their websites, products or services, or other content. All information is provided "as is" without any express or implied warranties or endorsement, including, but not limited to, implied warranties of merchantability or accuracy of information. In no event shall CommuniTrader be liable for any special, indirect, punitive or other damages resulting from any use or content or errors or omissions in the information on our website or on websites to which We provide links.

6.2 The advertisements and links displayed on the Site may redirect Users onto a third party website having its own terms of use and privacy policy and Users are requested to be cautious while following any link or advertisement.

6.3 Users may post any advertisements or links to advertisements only with the express written consent from CommuniTrader.

6.4 Any person posting, uploading or displaying any links or advertisements shall ensure that they are in compliance with these Terms, specifically in compliance with the restrictions on use and content present in these Terms as well as with all applicable laws.

 

7. TERMINATION

7.1 The Users herein agree an accept that CommuniTrader reserves the right at any time, without notice and to our sole discretion to terminate the account and/or block or prevent your access to and use of the Service in the event of any breach of any of these Terms. 

7.2 The Users herein agree and accept that the CommuniTrader reserves the right to terminate the account of the User in the event the CommuniTrader believes that the Users actions or omissions have prejudicially affected the reputation of CommuniTrader and/ or the Site. 

7.3 Any and all rights granted by CommuniTrader to the User under these Terms shall cease, effective immediately, on the termination of the User’s account by CommuniTrader.

 

8. INTELLECTUAL PROPERTY

8.1 Any and all Intellectual Property present anywhere within the Site, including but not limited to any patents, trademarks, logos, icons, domain names or copyright, shall be that belonging to CommuniTrader or otherwise duly licensed or obtained and Users shall not in any manner use the same unless with the express written consent from CommuniTrader.

8.2 Users are hereby expressly prohibited from reverse engineering, decompiling, disseminating, disassembling or using any other means to know, understand or obtain the source code forming a part of the Services.

8.3 The Users herein agree and accept that in the event the User believes that any work has been used or copied in any manner that constitutes copyright infringement occurring on or through the Service, the User shall immediately notify CommuniTrader through the information provided hereunder. 

Attn: Copyright Agent 

CommuniTrader.com 

P.O. Box 2375

Gaithersburg, MD  20878-2375

Email: admin@CommuniTrader.com

 

9. INDEMNITY AND LIABILITY

9.1 All Users herein agree and accept that CommuniTrader is merely providing a platform for Users to exchange goods and Services with other selected Users on the Site. Users further accept and agree that CommuniTrader shall not be a party to any transaction or agreement entered into between any Users through the Site. Hence under no circumstances shall CommuniTrader be liable for any loss or damages caused or arising to any User while interacting or transacting with any other Users.

9.2 Users herein understands and agree to indemnify and hold CommuniTrader and its subsidiaries, affiliates, officers, directors, agents, consultants, and employees harmless from any claim or demand, including reasonable attorney’s fees and court costs, made by any third party due to or arising out of the User’s breach of this agreement, or the User’s violation of any law or the rights of a third party. CommuniTrader’s failure to act with respect to a breach by the User or others does not waive its right to act with respect to subsequent or similar breaches.

9.3 CommuniTrader shall not be liable for any damages, whether direct, indirect, special, consequential, incidental, punitive or otherwise (including damages resulting from loss or theft of data, use, profits, revenue, goodwill or infringement), even if CommuniTrader had been advised, known or should have known of the possibility of such, which may be sustained by a User or others.

9.4 The liability of CommuniTrader shall be limited and capped at $100.

 

10. DISCLAIMERS 

10.1 All information and Services offered by CommuniTrader are on an ‘as is’ basis and the Users may rely on the same at their sole risk and option. 

10.2 Users herein agree and accept that CommuniTrader will not be liable in any manner whatsoever for errors or omissions in the content you provide, or for errors or omissions in processing and/or transmission of the content and other communications to third parties, once submitted to the Site and hereby understands and accepts that the Users are required to verify all the content posted on the Site.

10.3 Users herein understand and accept that CommuniTrader reserves the sole and absolute right to screen, edit, monitor and/or terminate any communications that may violate these Terms, or otherwise find objectionable. 

10.4 Users herein understand and acknowledge that CommuniTrader does not warrant the accuracy, completeness or reliability of content or data listed by other users of the Site. Users herein agree and accept that CommuniTrader will not be liable for any products offered on the Site. 

10.5 No risk or title of the Products sold on the Site shall pass to CommuniTrader at any point of time for any reason whatsoever. The title and risks related to the products sold shall be deemed to pass directly from the User who provided such a product to the User who acquired the product upon delivery of the product and payment (if applicable) of consideration of such products by the User in the manner determined between the Users.  

10.6 The Users herein agree and accept that any and all liabilities arising in connection with any defect, fault or shortcoming in the products sold on the Site shall be that of the user selling such a product alone and CommuniTrader will not be liable in any manner whatsoever. 

 

11. REPRESENTATIONS AND WARRANTIES

11.1 The Users herein represent and warrant the following:

11.1.1 The User has a valid, clear and marketable title to all the products being displayed, advertised and sold by the User through the Site in accordance to these Terms. 

11.1.2 The Users herein agree and accept that all the products sold by the User are genuine and of the quality and nature as described and displayed on the Site. The Users herein warrant that the products sold are genuine and not counterfeit products.

11.1.3 The User has any and all necessary licenses and permissions (including all Intellectual Property rights), approvals and consent required to enter into and supply and sell the products as contemplated herein in accordance to these Terms.

11.1.4 The User has procured all necessary registrations/permits as required under applicable laws for sale of the products through the Site. The  User  further represents  that  the  User  shall  be  solely  responsible  for  collection  and  payment  of applicable  taxes, if any, with  respect  to  the  sale  of  the  products  to  the  relevant  government authorities  in  a  timely  manner  and  CommuniTrader  shall  not be  responsible  nor  held  liable  for any  non-compliance/contravention of applicable tax  laws  by  the User.  The User hereby agrees to keep CommuniTrader harmless and indemnified in this regard. 

 

12. MODIFICATIONS AND ASSIGNMENT

12.1 CommuniTrader reserves the right to modify or amend the whole or any part of these Terms without any prior notice. In the event of any amendments or modifications to the same, the revised Terms shall commence being binding upon the User from the time it is made available on the Site. Hence, all Users are requested to frequently check for revisions of the Terms.

12.2 CommuniTrader reserves the right to introduce new limitations with regard to the access and use of the Site and the Tests at any time and without any notice.

12.3 The User hereby expressly warrants not to assign any of his rights or obligations to anybody unless an authorization is obtained in writing from CommuniTrader.

 

13. GOVERNING LAW

13.1 These Site Terms and the Service are governed by Designated Law.  The State and Federal courts sitting in Montgomery County, Maryland will have sole and exclusive jurisdiction over any claim, cause of action or other dispute arising out of or in connection with the Site Terms and/or your use of the Service, and you hereby irrevocably and unconditionally submit, consent, and waive all objection to said exclusive venue, including without limitation any objection based on forum non convenience.  

 

14. DISPUTE RESOLUTION

14.1 In the event of a dispute or claim arising with regard to these Terms or any other policy, the Users and CommuniTrader shall first attempt to resolve the same amicably through discussions.

14.2 In the event that the Parties are unable to solve the disputes or claims in an amicable manner, the Parties shall attempt to resolve the same through Arbitration in accordance with the provisions of applicable laws as amended from time to time. The Arbitrator shall be appointed by CommuniTrader and User hereby consents to the same. The seat for such Arbitration shall be Montgomery County, Maryland, USA, and all Arbitration proceedings shall be in English.

 

15. WAIVER AND SEVERABILITY

15.1 Failure or any delay to exercise any right or interest by CommuniTrader shall not be deemed a waiver or relinquishment of any right granted hereunder or of any terms and conditions contained herein unless such a waiver is set forth in writing by CommuniTrader.

15.2 Any provision that is declared null and void or unenforceable shall be ineffective only to that extent and the remaining provisions shall be binding on both the Parties. 

 

16. SURVIVAL

16.1 All provisions of these Terms which by their nature should survive expiration or earlier termination will survive such expiration or earlier termination, including but in no way limited to provisions regarding Intellectual Property, Indemnity and Liability and Disclaimers.

 

17. TIME BAR

17.1 Any claim or cause of action arising out of or related to these Terms and/or the Service must be made within one (1) year after said claim or cause of action arose, or shall be forever barred. 

 

18. ENTIRE AGREEMENT

18.1 These Terms along with the Privacy Policy and any other policy implemented by CommuniTrader from time to time shall form the entire agreement and understanding between the Users and CommuniTrader.

 

19. CONTACT US

19.1 In case of any queries, please refer to the frequently asked questions (FAQ) link made available on the Site.  In the event of any queries not addressed in the FAQs, kindly contact Us at the address provided herein below. 

19.2 All the communication in the form request, clarification, doubts, disputes, difference, grievances, redressal or reporting of any undesirable activity must be directed to and at:

info@communitrader.com. 

 

 

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