User Agreement

Sticktrade.com Terms of Use

1.         Acceptance of Terms

The following are the terms of a legal agreement (the "Terms of Use") between you and Stick Trade, LLC (the "Sticktrade," or "we," as used herein).

Sticktrade, from time to time and in its sole discretion, may modify the terms of these Terms of Use without further notice to you.  If we materially change these Terms of Use, a notice will be posted on this site along with the updated Terms of Use.   In any case, we recommend that you bookmark this page and visit regularly as these Terms of Use govern your use of this site.

Each time you access this site, you agree to be bound by the current Terms of Use.  If you do not agree to these Terms of Use, without modification, then please do not use this site.

2.         Privacy and Other Terms

These Terms of Use include Sticktrade’s privacy policy, located at http://www.sticktrade.com/privacy.html, which is incorporated here by reference and also governs your visit to this site.

3.         Using our Site

This site may be used only for lawful purposes by buyers and sellers of products and services.  While using the site you will not and will not attempt to:

·         Violate local, national, or international laws, or regulations having the effect of law, including laws of export control;

·         Advertise products that you do not fully own or for which you do not have full and unencumbered rights;

·         Advertise a service or product that is prohibited or restricted by applicable law;

·         Repeatedly post the same or similar content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;

·         Post irrelevant content or post content on inappropriate categories;

·         Delete or otherwise revise or improperly interfere with any material posted by any other user of this site;

·         Post material that infringes or misappropriates any copyright, trademark, patent, trade secret, or other intellectual property or any privacy or publicity rights of another;

·         Post material that is obscene, defamatory, threatening, harassing, sexually explicit, abusive, hateful, or embarrassing to any other person or entity;

·         Post chain letters, “junk mail”, “spam,” or pyramid schemes;

·         Impersonate another person;

·         Distribute viruses, trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or misappropriate any system, data or information;

·         Employ any data-mining or data-extraction tools;

·         Copy or adapt the HTML code used to generate this site;

·         Employ misleading email addresses or forged headers or otherwise manipulate, through identifiers, to disguise the origin of content transmitted through this site;

·         Use any device, software, or routine to interfere with the proper working of this site or any activity being conducted on this site;

·         Harm minors;

·         Access data not intended for you or log into a server or account that you are not authorized to access;

·         Probe, scan, or test the vulnerability of a system or network or breach security or authentication measures without proper authorization;

·         Attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising any part of this site;

·         Engage in any activity that conflicts with any obligations you have under law including contractual or fiduciary relationships;

·         Contact anyone who has asked not to be contacted.

4.         Members

Specified membership benefits, set forth at http://www.sticktrade.com/pay.htm, will be available to individuals (“Members”) upon payment of the corresponding fee.  The term of all memberships will be for a minimum for three (3) months but subject to our rights of termination as set forth in Section 6 below.  Members will be billed for membership fees automatically each month.  After three (3) months, Members may terminate their membership for any reason by providing us with prior notice via email at least fifteen (15) days before the billing date they wish to cancel.

5.         Posting Content on Sticktrade

Subject to the terms and conditions of these Terms of Use, you may post content on this site in the form of postings and other formats (“Posted Content”).  You understand and agree that Sticktrade will not and cannot pre-screen all Posted Content on this site but that it reserves the right to pre-screen any specific Posted Content at its sole discretion.  Without limiting the foregoing, Sticktrade may remove any Posted Content that violates these Terms of Use or that is otherwise objectionable or inappropriate in Sticktrade’s sole discretion.

Although Sticktrade asserts no ownership rights over the Posted Content you post, transmit, or otherwise make available on this site, you grant Sticktrade a worldwide, royalty-free, irrevocable, fully paid, non-exclusive license to use, copy, publicly perform, publicly display, distribute and make derivative works of such Posted Content anywhere on the site or elsewhere in any media for the purpose of providing, promoting, or advertising the site and related services and to authorize sublicenses (through multiple tiers) of the foregoing rights including for the purpose of redistributing the Posted Content on other sites.  To the maximum extent permitted by law, you waive all moral rights you may have in the Content. The foregoing license will survive the termination, for any reason, of these Terms of Use. 


6.         Limitations on the Sticktrade Service

Sticktrade may limit its service including with regard to the amount of time that posted material or Posted Content will be retained by Sticktrade, the size or amount of material or Posted Content that may be transmitted through or stored by Sticktrade and the frequency with which you may access this site.  Sticktrade has no responsibility or liability for the deletion of material or Posted Content or for the failure to store material or Posted Content maintained by or distributed on the service.  

You further understand and agree that Sticktrade, in its sole discretion, may terminate these Terms of Use, delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of  this site (or any part thereof), immediately and without further notice to you.  You understand and agree that Sticktrade will not be liable to you or to any third party for any termination of your access to this site for any reason.

7.         Claims of Infringement

 

Sticktrade respects the intellectual property of others and requires that you do the same.  In accordance with the Digital Millennium Copyright Act (“DMCA”), the text of which may be found on the U.S. Copyright Office site at http://www.copyright.gov/legislation/dmca.pdf, Sticktrade will respond expeditiously to notices of alleged copyright infringement that are duly reported to its Designated Copyright Agent identified in the notice below.  Sticktrade will disable and/or terminate the accounts of users who are repeat infringers.  If you believe your content has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Sticktrade’s Copyright Agent the following information:

 

DMCA Notice of Alleged Infringement (“Notice”)

 

(a)        Identify the copyrighted work that you claim has been infringed, or—if multiple works are covered by this Notice—you may provide a representative list of the copyrighted works that you claim have been infringed.

 

(b)        Identify the material or link you claim is infringing and provide a description of where the infringing work is located on the site.

 

(c)        Provide your mailing address, telephone number and, if available, email address.

 

(d)       Include both of the following statements in the body of the Notice:

 

·         “I hereby state that I have a good-faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., fair use).”

 

·         “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”

 

(e)        Provide your full legal name and your electronic or physical signature.

 

Deliver this Notice, with all items completed, to Sticktrade at:

 

J. A. Roos

Sticktrade.com

18731 56th Ave NE
Kenmore, WA  98028

While Sticktrade considers all such notices seriously, you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that content or activity is infringing.  For example, one decision ordered a company that sent infringement notification seeking removal of online materials that were protected by copyright’s fair use doctrine to pay such costs and attorneys’ feels the company agreed to settle the matter at over $100,000.  For more information, please see http://www.onlinepolicy.org/action/legpolicy/opg_v_diebold/.  Accordingly, if you are uncertain whether material infringes your copyrights (including whether use of copyrighted material may constitute fair use) you may wish to seek the advice of an attorney.

8.         No Spamming

You must not use any feature of the Sticktrade Service for chain letters, junk mail, or "Spamming" nor make any use of the e-mail lists in a manner involving any person who has not given specific permission to be included in such a process. An e-mail advertisement which is (a) addressed to a recipient with whom you do not have an existing business or personal relationship and (b) is not sent at the request of or with the express consent of the recipient to receive such communications from you ("Spam" or "Spamming") is strictly prohibited by Sticktrade. If you use any feature of the Sticktrade Service for the purpose of sending Spam, Sticktrade reserves the right to immediately terminate your access to the Sticktrade Service and to seek appropriate legal recourse, as necessary. If you believe that other users are using the Sticktrade Service for Spam, please notify Sticktrade at 800-660-5211 or click here for other contact information. Please note that by posting on this web site you are consenting to receive, and authorizing Sticktrade to forward to you emails. Such messages are not included in the above definition of Spam.

9 .         No Warranties

This site is only a venue: it acts as a venue for buyers and sellers of products and services to connect with each other.  Sticktrade is not involved in any actual transactions between buyers and sellers.  Sticktrade does not screen or censor the listings offered.  As a result, Sticktrade has no control over the quality, safety, or legality of the products and services that may be made available to you by means of this site.  Similarly, Sticktrade is not responsible for, and cannot and does not guarantee, the content or accuracy of associated product or service descriptions, products, services, sites, communication or other such information posted on this site by third parties including Posted Content.  Sticktrade also does not guarantee that that sites and information will not change without its knowledge. The inclusion of Sticktrade information, product or service descriptions, or posted information on this site does not imply Sticktrade’s endorsement of this information or any linked site.  If you decide to do business with companies listed on this site, access a third-party site, or act on information posted on this site, you do so solely at your own risk. 

THE MATERIALS AND INFORMATION FOUND ON THIS SITE ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THIS SITE AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, EXPECTATIONS OF PRIVACY OR NON-INFRINGEMENT. STICKTRADE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. STICKTRADE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT STICKTRADE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

10.         Limitation of Liability

UNDER NO CIRCUMSTANCES WILL STICKTRADE OR ITS OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THIS SITE OR THE CONTENT OR MATERIALS THEREIN WHETHER IN A CONTRACT ACTION OR BASED ON CONTRACT, TORT, NEGLIGENCE, PRIVACY, SECURITY, STRICT OR PRODUCT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY, EVEN IF STICKTRADE OR ITS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.  IN NO EVENT WILL STICKTRADE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION (WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, PRIVACY, SECURITY, STRICT OR PRODUCT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.You acknowledge and agree that Sticktrade has set its prices and entered into these Terms of Use in reliance upon the limitations of liability specified herein, which allocate the risk between the you and Sticktrade and form a basis of the bargain between us.


11.       Indemnity

You will defend, indemnify, and hold harmless Sticktrade, its officers, directors, employees, and agents from and against any claims, actions, or demands, including without limitation, reasonable legal and accounting fees, arising in connection with: (a) your breach of the terms of this agreement; (b) any alleged violation of any third-party right including without limitation, any copyright, trademark, trade dress, trade secret, or privacy right that arises in connection your posting of any material on the site; and (c) your use and access of the site. Sticktrade will provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense and in our reasonable discretion, in defending any such claim, suit or proceeding.

12.       Termination

Upon termination of these Terms of Use, you will destroy any materials obtained from this site and all copies thereof, whether made under these Terms of Use or otherwise.  Any provision herein that was intended to survive termination of these Terms of Use will so survive.

13.       Contract Interpretation

These Terms of Use will be governed by and construed in accordance with the laws of the State of Washington, irrespective of any applicable conflicts of law principles. If any provision of these Terms of Use are ruled to be unlawful, void, or otherwise unenforceable, then that provision shall be deemed severable from these Terms of use and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between you and Sticktrade relating to the subject of this site. You agree that no joint venture, partnership, employment or agency relationship exists between you and Sticktrade as a result of this agreement or use of this site.

14.       Dispute Resolution

Any dispute arising with respect to these Terms of Use shall be resolved by negotiation between the parties or, if necessary, by resort to an appropriate federal or state court located in the State of Washington. You expressly waive and are estopped from asserting any right to pursue any claim against Sticktrade relating to these Terms of Use in any forum or venue located outside of the State of Washington. In the event of the filing of any such claim, you stipulate to the transfer of the filing to any appropriate or available forum or court in the State of Washington, at our sole discretion. Use of this site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.  This site is operated by Sticktrade from its offices located within the State of Washington, United States of America.  

15.       General Information

These Terms of Use govern your use of the site and supersedes any prior agreements between you and Sticktrade.  The failure of Sticktrade to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision.  If you have any questions about any of this terms in this Terms of Use, please e-mail or call 800-660-5211 and include the term “Sticktrade Terms of Use” in the title of your email or in your phone message.