Terms and Conditions
JSJ International, Inc. d/b/a TrikleTrade™.com
When using particular Services, you may be subject to additional Terms and Conditions and/or posted guidelines for such services posted from time to time.
Click on the Frequently Asked Questions tab for questions regarding the use of the Website. Direct all other questions or comments about the Website or its contents, to the TrikleTrade™.com using the Contact Us tab on the homepage.
1. BECOMING A MEMBER AND REGISTERING ON THE WEBSITE
A. Accessing the Website and Becoming a Member: The Website is intended solely for access and use by individuals 18 years of age and older. By accessing and using the Website, you represent and are guaranteeing that you are at least 18 years of age. A TrikleTrade™ membership is free. Registering your name and address, setting up a profile, accessing or searching the Website links such as: Testimonials, FAQs or the TrikleTrade™ Foundation. Org. are all free. By accessing and using this Website, you are agreeing to these Terms and Conditions. However, if you do not agree to the Terms and Conditions listed here, please exit and do not use the Website. Use of the Website may also be subject to additional Terms and Conditions. Your membership and password are only valid for your personal use.
You are responsible for ensuring the e-mail address you submit to the Website as part of your registration and during the course of your membership, is valid and that the software or system you use to access your e-mail is compatible with the Website. Do not block or filter the Website communications. Unless you own your business and have sole jurisdiction over a business e-mail address, we require that you only use a personal e-mail address.
C. Your Password: During the registration process, we will ask you to create a password, which you can change at any time in the edit function on your profile page. Because any activities that occur under your password are your responsibility, it is important for you to keep your password secure and not prone to misuse or shared. You must notify TrikleTrade™ immediately if you believe that your password is compromised.
2. MEMBER CONDUCT
A. Community Guidelines: The Website contains areas that enable members of communities to communicate and share information, such as message boards, “BarterBoard” and “Pay it Forward” services or goods and other areas where you may interact with other TrikleTrade™ members through posting or sharing of information (i.e. the “Community Networking Forum”). When you use the “Community Networking Forum” on the “BarterBoard” and/or “Pay it Forward” area, you may have the opportunity to disclose information about yourself, your business, your barter good(s) and/or service. This information may include stories, photographs, testimonies and biographies. While we may provide you with these “Community Networking Tools” and opportunities, we also insist that you only provide personal or business information that is true, ethical, legal and in full compliance with the Community Guidelines set out below. Failure to comply with this membership requirement will result in TrikleTrade™ immediately terminating your profile.
Under the Terms and Conditions of TrikleTrade™, we have developed “Community Guidelines” that govern the use of the “Community Networking Forum”:
- Do contribute responsibly in the “BarterBoard” and “Pay it Forward” communication areas.
- Do treat others in the “community” with respect.
- Do let TrikleTrade™ know if you find abuses of the “Community Guidelines” or in the “Community Networking Forum”, such as offensive language, photographs or unlawful activities. A “Report Abuse” and “Contact Us” options are readily available to report abuse.
- Do not upload, post, e-mail, transmit or otherwise make available any content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable.
- Do not exchange firearms, tobacco products, gambling services or products or alcohol without expressly following all laws and regulations of the state in which you reside and the state in which the barter member resides.
- Do not provide any content that encourages a criminal offense or violates the rights of any party.
- Do not impersonate anyone else or misrepresent your affiliation with a person or party or your business service.
- Do not participate in any unauthorized or unsolicited promotions, advertising, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation. Bartering is an exchange of a good and/or service, where no money is exchanged, therefore you may exchange a business service for either a good or other service under the Terms and Conditions of TrikleTrade™ .
- Do not violate any applicable local, state, national and international regulation.
- Do not provide any correspondence from TrikleTrade™ or any other Website member without permission.
- Do not interfere with, interrupt, destroy or limit the functionality of the Website or any computer software or hardware or telecommunications equipment.
- Do not use other members' personal information for purposes other than exchanging contact, “goods” and “service” information that reasonably expected in the course of a “BarterBoard” or “Pay it Forward” exchange.
- Do not try to gain unauthorized use of the Website.
- Do not post any information about yourself that is not publicly available.
B. Monitoring and Enforcement: We do not actively monitor the message boards, your “BarterBoard” and/or “Pay it Forward” profiles or any other “Community Networking Forum” or that content that is posted, nor are we obligated to do so. Since we do not monitor member content, we are not responsible for content accuracy, integrity, or quality. If you run across content that is offensive, unethical or potentially illegal, or in violation of the Community Guidelines, you may contact us to inform us of possible membership violations. We may investigate the complaints that come to our attention. If we choose to investigate the complaint, we will take any action that we believe appropriate, including but not limited to issuing warnings, removing the objectionable content or terminate a member for violation of the “Terms and Conditions” of TrikleTrade™. Under no circumstances, will be liable in any way, for any content, including but not limited to any errors or omissions in any content or any loss or damage of any kind incurred as a result of the use of the content or Website.
3. SUBMITTING OR POSTING CONTENT: When you participate in the “BarterBoard” and/or “Pay it Forward” community you are granting TrikleTrade™ certain rights to use the content you submit or post on the Website. By submitting content you grant us a royalty-free, worldwide, non-terminable, non-exclusive right to use, reproduce, modify, adapt, edit, market, publish, store, distribute publicly and privately the content for promotional, testimonial and educational use. Again, TrikleTrade™ or JSJ International, Inc. will not sell your information to any person or entity. You are responsible for the content you provide. Ultimately, you guarantee said content does not infringe on copyright or any third party right or violate any applicable law or regulation and you have the right to grant all necessary rights and licenses provided in this Section 3. without limitation, free and clear of all claims and encumbrances without violating the rights of any person or entity, including the right to privacy or publicity and that each person depicted in any picture or photograph that you submit as part of the content has provided consent to the use of said photograph. No compensation will be paid for the use of your content, including without limit any photograph you provide.
4. TRIKLETRADE™ PROPERTY RIGHTS: The Website and contents contained are owned by JSJ International, Inc. d.b.a. TrikleTrade™ and is protected by intellectual property and other laws throughout the world. Nothing found on the Website maybe be copied, reproduced, republished, distributed, licensed, transferred or modified without the express written consent of TrikleTrade™. In addition, the trademarks, logos and service marks displayed on the Website are the property of TrikleTrade™. If you are aware of material on the Website that infringes copyright, please contact us at firstname.lastname@example.org. A description of copyright infringements are listed below.
UNAUTHORIZED USE, COPYING, REPRODUCTION, MODIFICATION, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING OR DUPLICATING OR ANY OTHER MISUSE OF ANY PART OF THE WEBSITE IS PROHIBITED. Nothing contained in these Terms and Conditions or in the materials on the Website should be construed as granting by implication, estoppels, or otherwise, any license or right to use any material in any manner without the prior written consent of TrikleTrade™ or such third party that may own the material or intellectual property displayed on the Website. In addition, use of the content or materials for any purpose not expressly permitted in these Terms and Conditions is prohibited.
5. AVAILABILITY OF SERVICE: TrikleTrade™ does not provide you with access to the internet or the equipment necessary to access the internet or the Website or Services. You are responsible for fees charged by other parties to obtain access to our Website and Services.
6. MEMBER AND THIRD PARTY OFFERS: In addition to member offers and services, we may allow other companies to offer you products and services, including offers through our Website. Your usage or participation is such offers are at your own discretion. Your participation in any offers, including delivery, warranty, terms and conditions of goods and/or services under the TrikleTrade™ “BarterBoard” and “Pay it Forward” Service is at your discretion and is your sole responsibility. Your participation in any offers, including payment, delivery, warranty, terms and conditions of goods and/or services by a third party is also at your discretion and is your sole responsibility.
7. LINKING TO OR FROM OUR WEBSITE: You cannot link to our Website without our prior written consent. While our Website may have links to the websites of other companies and parties, TrikleTrade™ has no control over those websites. TrikleTrade™ is not responsible or liable for any content, advertising, products, services or other materials on or available from those websites. TrikleTrade™ is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, advertising, products, services or other materials on those websites.
8. BARTER EXCHANGES: You are responsible for filing IRS Form 1099B for all transactions unless certain exceptions are met. Barter good exchanges are not required to file Form 1099B. Barter service exchanges are not required to file Form 1099B for: (1) Exchanges through a barter service exchange having fewer than 100 transactions during the year, (2) Exempt foreign persons as defined in Regulations section 1.6045-1(g)(1), and (3) Exchanges involving property or services with a fair market value of less than $1.00.
9. TERMINATION OR CANCELLATION: You may terminate your membership at any time by contacting us through the "Contact Us" function or deleting your TrikleTrade™ profile. If you have a complaint or dispute relating to the Website or Service, you may cancel and/or delete your membership and cease use of the Website. The termination or cancellation of your membership is your only recourse to an unresolved dispute.
10. PRIVACY: TrikleTrade™ will work diligently to provide its members protection of their personal information. We will not sell your personal or business information to a third party. However, we are not liable for a member or a third party gaining access whether legally or illegally to content provided on member profiles in within the “Community Networking Forum”.
11. DISCLAIMER OF WARRANTIES: YOU UNDERSTAND AND AGREE THAT: THE WEBSITE AND THE SERVICES PROVIDED ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TRIKLETRADE™ DISCLAIMS TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AND YOU HEREBY WAIVE ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE FUNCTIONS, MATERIALS, AND CONTENT OF THE WEBSITE ARE NOT WARRANTED TO BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. TRIKLETRADE™ MAKES NO WARRANTY THAT THE INFORMATION ON THE WEBSITE WILL BE ACCURATE, CURRENT OR RELIABLE OR THAT THE QUALITY OF ANY GOODS OR SERVICES, INFORMATION OR OTHER MATERIAL BARTERED OR EXCHANGED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS. TRIKLETRADE™ DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO DELIVER, MIS-DELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION, GOODS OR SERVICE. YOU ASSUME THE ENTIRE RISK AND RESPONSIBILITY OF LOSS AND/OR DAMAGE DUE TO YOUR USE OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO THE COST OF REPAIRS OF GOODS AND/OR SERVICES OR TO YOUR HARDWARE OR SOFTWARE. TRIKLETRADE HAS NOT VERIFIED WHETHER THE MEMBERS OFFERING TO BARTER SERVICES ARE QUALIFIED TO PERFORM SUCH SERVICES, NOR WHETHER THEY ARE PROPERTY LICENSED, BONDED OR INSURED. MEMBERS ARE ENCOURAGED TO VERIFY SUCH MATTERS PRIOR TO ENGAGING ANY SERVICES
12. LIMITATIONS OF LIABILITY: YOUR USE OF THE WEBSITE IS ENTIRELY AT YOUR RISK. TRIKLETRADE™ AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES AND THEIR RESPECTIVE OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS, AND AGENTS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OR LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, GOODWILL, USE OF INFORMATION OR OTHER INTANGIBLE LOSSES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH YOU MAY INCUR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THE WEBSITE. EVEN IF TRIKLETRADE™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS.
13. COPYRIGHT AND TRADEMARK NOTICE: TrikleTrade™ Website and its contents Copyright June 2011 are protected. All brands of TrikleTrade™ products and services shown herein are the trademarks or registered Trademark of TrikleTrade™ and its respective owners.
14. Choice of Law/Jurisdiction: The agreement created by these Terms and Conditons shall be governed, construed, and enforced in accordance with the laws of the State of Montana, excluding its conflict of laws provisions. The parties to the agreement created by these Terms and Conditions consent to the jurisdiction and venue of any of the courts of the State of Montana.
15. ALTERNATIVE DISPUTE RESOLUTION: All disputes and claims of any type or description arising out of or related to the agreement created by these Terms and Conditions, including but not limited to tort claims or claims for breach of contract, shall be submitted to and determined by finald binding arbitration. Either party may initiate arbitration proceedings upon notice to the other party and to the American Arbitration Association ("AAA"). Such proceedings shall be conducted by three arbitrators under the Commercial Abritration Rules of the AAA or such other rules adopted by the AAA. The notice of arbitration must specify all alleged disputes or claims. The arbitration shall be conducted by the AAA in Missoula, Montana. The three arbitrators shall be chosen from a list of arbitrators that the AAA proposes, acceptable to the parties. If the parties do not agree to any arbitrators within 15 days after the receipt of each party of the list of arbitrators submitted by the AAA, then at the request of any party to the arbitration proceeding, the AAA shall select such arbitrators at its discretion. Each party to the arbitration shall bear its own costs and expenses, provided however, that if the arbitrators determined that a party commenced, filed, or cuased an arbitration proceeding frivolously, wthout a reasonable belief as to its merits, or primarily for harassment or delay, the arbitrators may access to such party the cost of such proceeding (including reasonable attorney's fees). Judgement on the award of the arbitrators may be entered in any court of competent jurisdiction. THIS PROVISION IS A WAIVER OF YOUR RIGHT TO HAVE DISPUTES OR CLAIMS ARISING OUT OF THE AGREEMENT CREATED BY THESE TERMS AND CONDITIONS TO BE RESOLVED IN THE COURTS, INCLUDING THE RIGHT TO A PUBLIC HEARINF, TRIAL BY JURY,THE RIGHT TO CONDUCT DISCOVERY, AND THE RIGHT TO APPEAL ANY JUDGEMENT, AS WELL AS ANY BENEFITS THAT COULD FLOW FROM THE ABOVE RELINQUISHED RIGHTS. IF YOU HAVE ANY QUESTIONS OR RESERVATIONS ABOUT THIS ARBITRATION PROVISION, YOU SHOULD DISCUSS IT FULLY WITH AN ATTORNEY BEFORE ACCEPTING THE TERMS OF THE AGREEMENT CREATED BY THESE TERMS AND CONDITIONS.