User Agreement
This Agreement is entered into between Curtis Media Group d/b/a TriangleTrader.com
("TriangleTrader.com" or the "Site") and the registrant to use the TriangleTrader.com Website
(referred to as "you" or "your" herein). BY REGISTERING TO USE AND USING THE
TRIANGLETRADER.COM WEBSITE, YOU ACCEPT AND AGREE TO THE TERMS AND
CONDITIONS AS STATED BELOW.
1. Eligibility for Membership. TriangleTrader.com services are only available to individuals
or businesses who can form legally binding contracts under applicable law. Without limiting
the foregoing, our services are not available to minors. Without limiting the foregoing, our
services are only available to persons residing within the United States. If you do not
qualify, please do not use our services.
2. Money. All classified advertisements on TriangleTrader.com are to be listed in US Dollars.
All payments to TriangleTrader.com are to be made in US Dollars.
3. Fees. TriangleTrader.com fees are listed at Triangle Trader Fees and are incorporated herein
by reference. All fees are quoted in U.S. Dollars. You are responsible for paying all
applicable taxes and for all hardware, software, service and other costs you incur to bid, buy,
procure a listing from us or access our servers. We may in our sole discretion add, delete or
change some or all of our services at any time.
4. TriangleTrader.com is Only a Venue.
Unless TriangleTrader.com is listed as the seller, TriangleTrader.com is not a
party to the transaction. TriangleTrader.com does not and cannot act as a
guarantor for any listing in which it is not a party. Sellers are solely
responsible for the availability and distribution of products, their rights to
sell the products, the processing of orders, and any warranties. Buyers are
responsible for their ability to participate and are solely responsible for
payment. Also, TriangleTrader.com is not responsible for the quality, safety, or
legality of the items advertised or the truth and accuracy of the listings.
TriangleTrader.com cannot be involved in user-to-user dealings. In the event that you have
a dispute with one or more users, you release TriangleTrader.com (and our agents and
employees) from claims, demands and damages (actual and consequential) of every kind and
nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising
out of or in any way connected with such disputes.
5. Prohibited Items. The listing or posting of the following are STRICTLY PROHIBITED
on TriangleTrader.com: (i) firearms; (ii) adult-themed, pornographic, obscene, nude,
graphically violent, and other inappropriate images or items; (iii) illegal items or materials;
(iv) animals, if priced under $25.00; (v) any other items, material, services, or subject matter
that TriangleTrader.com, in its sole discretion, regards as inappropriate for its Website.
Posting of these types of materials may result in losing your account, and in some cases may
result in criminal charges either from TriangleTrader.com, other users of the system, or
possibly even from legal authorities that might monitor our system with or without our
knowledge.
6. Records. TriangleTrader.com does not guarantee preservation of records, including, but not
limited to, records of specific transactions.
7. Your Information. Your information includes any information you provide to
TriangleTrader.com or other users during the registration, bidding or listing process, in any
public message area or through any email feature (referred to herein as "Your Information").
With respect to Your Information:
(i) You are solely responsible for Your Information and its accuracy. Providing false
information or information which TriangleTrader.com, in its sole discretion, believes
may create liability for it or may cause it to lose (in whole or in part) the services of
our ISPs or other suppliers is not allowed.
(ii) Your Information and the sale of your item(s) shall not violate any law, statute,
ordinance or regulation (including without limitation those governing export control,
consumer protection, unfair competition, antidiscrimination or false advertising).
(iii) Your Information and the sale of your item(s) shall not infringe any third party's
copyright, patent, trademark, trade secret or other proprietary rights or rights of
publicity or privacy.
(iv) Your Information and the sale of your item(s) shall not be defamatory, trade libelous,
unlawfully threating or unlawfully harassing.
(v) Your Information and the sale of your item(s) shall not be obscene, pornographic or
indecent.
(vi) Your Information and the sale of your item(s) shall not contain any viruses, Trojan
horses, worms, time bombs, cancelbots or other computer programming routines that
are intended to damage, detrimentally interfere with, surreptitiously intercept or
expropriate any system, data or personal information.
(vii) You may not post on TriangleTrader.com or sell through your site an
item that, by paying us the listing fee, could cause TriangleTrader.com to
violate any applicable law, statute, ordinance or regulation.
Solely to enable TriangleTrader.com to use Your Information you supply us with, so that we
are not violating any rights you might have in that information, you agree to grant
TriangleTrader.com a non-exclusive, worldwide, perpetual, irrevocable, royalty-free,
sublicenseable (through multiple tiers) right to exercise the copyright and publicity rights
(but no other rights) you have in Your Information, in any media now known or not currently
known, with respect to Your Information. TriangleTrader.com will only use Your
Information in accordance with our Privacy Policy.
8. Other Users' Information. The use of private user information, other than as expressly
permitted in our Privacy Policy., is strictly prohibited.
9. Unsolicited Commercial Email. Users are prohibited from sending unsolicited commercial
email to other users.
10. Breach. TriangleTrader.com may terminate your membership and any of your current
listings immediately if you breach this Agreement or if it is unable to verify or authenticate
any information you provide to us.
11. Caution. TriangleTrader.com does not guarantee that it will notice or prevent any
inappropriate use of our system. TriangleTrader.com also does not guarantee that it will
notice or prevent users from registering with false personal information. TriangleTrader.com
advises you, and, by your assent to this agreement, you agree, to exercise the same caution
in doing business with users of this system that a reasonable person would exercise in doing
business with a stranger.
12. Privacy. Our current Privacy Policy is available at Privacy Policy. and incorporated herein
by reference.
13. Our Rights. TriangleTrader.com reserves the right in its sole discretion to edit or delete any
listings or other material appearing on the Site, including but not limited to material posted
by a.user if necessary to comply with this User Agreement. TriangleTrader.com reserves the
right to move listings from one category to another or to end listings as appropriate, in its
sole discretion. TriangleTrader.com reserves the right to refuse service to anyone, at any
time, for any reason.
14. No Warranty. THE TRIANGLETRADER.COM WEBSITE IS PROVIDED "AS IS",
THEREFORE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
TRIANGLETRADER.COM AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES,
EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT, WITH REGARD TO WEB PAGES, SCRIPTS,
DATABASES, ANY WRITTEN CORRESPONDENCE, AND THE PROVISION OF OR
FAILURE TO PROVIDE SUPPORT SERVICES.
15. Limit of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, IN NO EVENT SHALL TRIANGLETRADER.COM OR ITS SUPPLIERS BE
LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL
DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR
LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS
INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USER
OF OR INABILITY TO USE THE TRIANGLETRADER.COM SITE OR THE
PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF
TRIANGLETRADER.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF
OR IN CONNECTION WITH THIS AGREEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR
LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY THIRD
PARTIES IN ANY CIRCUMSTANCES IS LIMITED TO THE GREATER OF THE
AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION
GIVING RISE TO LIABILITY, OR U.S. $5.00.
16. General Compliance with Laws. You shall comply with all applicable laws, statutes,
ordinances and regulations regarding your use of our service and your bidding on, listing,
purchase and sale of items.
17. No Agency. You and TriangleTrader.com are independent contractors, and no agency,
partnership, joint venture, employee-employer or franchisor-franchisee relationship is
intended or created by this Agreement.
18. Notices. Except as explicitly stated otherwise, any notices shall be given by email to
traderhelp@curtismedia.com (in the case of TriangleTrader.com) or to the email address you
provide to TriangleTrader.Com during the registration process (in your case), or such other
address as the party shall specify. 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 notice by certified mail, postage prepaid and return receipt requested, to the address
provided to TriangleTrader.com during the registration process. In such case, notice shall
be deemed given 3 days after the date of mailing.
19. General. This Agreement shall be governed in all respects by the laws of the State of North
Carolina as such laws are applied to agreements entered into and to be performed entirely
within North Carolina between North Carolina residents. Both parties submit to jurisdiction
in North Carolina and further agree that any cause of action arising under this Agreement
shall be brought exclusively in a court in Raleigh, North Carolina. We do not guarantee
continuous, uninterrupted or secure access to our services, and operation of our Site may be
interfered with by numerous factors outside of our control. If any provision of this
Agreement is held to be invalid or unenforceable, such provision shall be struck and the
remaining provisions shall be enforced. Headings are for reference purposes only and in no
way define, limit, construe or describe the scope or extent of such section. Our failure to act
with respect to a breach by you or others does not waive our right to act with respect to
subsequent or similar breaches. This Agreement sets forth the entire understanding and
agreement between us with respect to the subject matter hereof.
20. Limited Right to Use. The viewing, printing, or downloading of any content, graphic, form
or document from the Site grants you only a limited, nonexclusive license for use solely by
you for your own personal use and not for republication, distribution, assignment, sublicense,
sale, preparation of derivative works or other use. No part of any content, form, or document
may be reproduced in any form or incorporated into any information retrieval system,
electronic or mechanical, other than for your personal use (but not for resale or
redistribution). The content, organization, graphics, design compilation, magnetic
translation, digital conversion and other matters related to the Site are protected under
applicable copyrights, trademarks and other proprietary (including but not limited to
intellectual property) rights. The copying, redistribution, use or publication by you of any
such matters or any part of the Site, except as allowed herein, is strictly prohibited. You do
not acquire ownership rights to any content, document or other materials viewed through the
Site. The posting of information or materials on the Site does not constitute a waiver of any
right in such information and materials.
21. Indemnification. You agree to indemnify, defend and hold TriangleTrader.com and its
partners, officers, staff and affiliates harmless from any liability, loss, claim and expense,
including attorneys' fees, related to your violation of this Agreement.
22. Amendments. TriangleTrader.com reserves the right to make changes to this Agreement
at any time by posting the amended terms on the TriangleTrader.com Website. Amended
terms shall automatically be effective 30 days after they are posted. This Agreement may
not be otherwise amended except in writing agreed to and signed by both parties.
23. Disclosures. The services hereunder are offered by Curtis Media Group, 3012 Highwoods
Blvd. Suite 201, Raleigh, NC 27604. Fees for our services are described at Triangle Trader
Fees. If you have any questions, please contact traderhelp@curtismedia.com.
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