1. AGREEMENT TO TERMS
2. CHANGES TO TERMS
FeeTrader® reserves the right, at its sole discretion, to change, modify, or otherwise alter the TERMS from time to time in its sole discretion by updating the Site or any linked information. Unless otherwise provided in such change, modification, or alteration, the updated TERMS, or any part thereof, will take effect when they are posted to the Site. Such change, modification, or alteration to the TERMS may be made without notice to you. You agree that your continued use of the Site obligates you to review the TERMS from time to time for any changes, modifications, or alterations which may occur. The most recent version of the TERMS may be accessed at: http://feetrader.com/termsofuse/
3. RELATIONSHIP BETWEEN USERS
FeeTrader® makes the Site available as an online recruiter, employer, and candidate network. Under these TERMS, "User" includes recruiters, candidates, employers, advertisers and other third party persons who visit or otherwise make use of the Site. FeeTrader® operates two types of Employer - Recruiter connection services on the Site. The first service is the Direct Relationship Plan ("DRP"). The second service is the Single Vendor Plan ("SVP"). The SVP is subject to additional terms and conditions which are located in section 6 of the TERMS. The additional SVP terms and conditions do not apply to Users who do not utilize the SVP.
- SITE CONTENT. As a User of the Site, you understand that all postings are the sole responsibility of the User from whom such content originated. FeeTrader® is not required to and does not control or verify the content or its quality, truth or accuracy made available through the Site. You agree that you must evaluate, and bear all risks associated with the use of any content made available on FeeTrader, including any reliance on the accuracy, completeness, or usefulness of such content.
- LINKS. Content available through the Site may contain links to other websites which are completely independent of the Site. FeeTrader® is not responsible for nor endorses the accuracy, completeness, authenticity or safety of the information or links contained in the Site. Your linking to any other websites is at your own risk and FeeTrader® will not be liable for any content or any loss or damage incurred as a result of any content posted, emailed or otherwise made available through the Site.
- DEALINGS WITH OTHER USERS. EXCEPT FOR EXPRESS TERMS TO THE CONTRARY IN THE SVP TERMS AND CONDITIONS BELOW, FeeTrader® IS NOT A PARTY TO THE DEALING, CONTRACTING AND/OR FULFILLMENT OF ANY TRANSACTION BETWEEN USERS. All rights and obligations arise between Users to such transaction and must look solely to the other for enforcement and performance of such rights and obligations, and any other terms, conditions, representations, or warranties associated with the transaction. Any sample agreements or suggestions on the Site to help Users establish relationships with each other are provided by FeeTrader® for educational purposes only. Users and third-parties agree to seek independent legal advice in regards to the creation of any relationship with other Users or third parties.
- DEALINGS WITH ADVERTISERS. You correspondence or business dealings with, or participations in promotions of advertisers found on or through FeeTrader, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings are solely between you and such advertiser. You agree that FeeTrader® shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or of the presence of such advertisers on the Site.
4. RELATIONSHIP WITH FEETRADER
- USER OBLIGATIONS
- FEES & CANCELLATION. User is obligated to pay for any Site services in accordance with the amounts, method of payment, and times designated when the User signs up for those services. User may cancel its account at any time from the "My Profile" page within the user's account (click the "My Profile" link in the vertical green tool bar). Cancellations by phone or email will not be accepted. For paid services, UNDER NO CIRCUMSTANCE WILL REFUNDS BE GIVEN. ALL SALES ARE FINAL.
If you choose to cancel your FeeTrader® membership, functionality will cease at the time of cancellation. Any remaining bids will be lost. Lost bids cannot be recovered even if recruiter elects to upgrade again from the same account. If upgrading again from the same account, the membership start date (with corresponding payment/charge to the applied credit card) is always the most recent upgrade date.
Pricing Statement (for Agency Recruiters users only):
All plans are either month-to-month or receive three months free by registering for the yearly plan. Bids carry over month-to-month and never expire as long as you are a Gold or Platinum Access member. Monthly plans are billed month-to-month until cancelled. After the yearly term expires, yearly plans continue at respective month-to-month rate until cancelled. By agreeing to this purchase, you authorize FeeTrader® to bill your credit card in accordance to the terms and pricing statement until canceled from the user's "My Profile" page. Any other forms of canceling (phone calls, emails) are not accepted. Under no circumstance will refunds be granted.
Prices (and bid allotment) can change at any time prior to purchase. We are extremely confident in the value and ROI of our product, thus, we do not require any time commitments beyond month-to-month. FeeTrader® reserves the right to raise prices at anytime and will notify all current users of any price increases before their next payment. Those paying month-to-month will be required to pay the current prices for any given month to continue with the service. For non-SVP placement payments managed by FeeTrader® and in consideration of FeeTrader’s efforts during the entire candidate process, FeeTrader® users must be upgraded at the time the payment is due and payable to the FeeTrader® user and have been upgraded throughout the entire respective candidate process. That is, if a FeeTrader® user downgrades to a non-paying account with FeeTrader, the user forfeits ownership of their submitted candidates and any further non-SVP placement payments from FeeTrader. For all MDRP positions with FeeTrader® acting as the point of contact for the client, any submittals resulting in a fill for these positions will be payable AFTER completion of the 90 calendar day guarantee offered to all clients in the program. (please refer to our MDRP master contract) Those selecting the year long plan will lock in the current price and receive three months free. Users may upgrade from a month-to-month plan to the yearlong plan at any time at the current rates coinciding with the day of payment. Prices are only guaranteed for the time period selected and upon successful payment. As a benefit to our users, certain DRP job orders on FeeTrader® are managed by FeeTrader® (process and payments), termed MDRP, so they are not subject to the brokerage fees listed on the SVP plan.
Recruiters that downgrade their account to non-paying will lose all upgraded functionality and bids upon downgrading and jobs posts will be removed. All bids left behind upon cancellation are lost and are not recouped when rejoining.
FeeTrader® has partnerships with many job sites and communicates all jobs posts (posted "to candidates") to these partnerships. On Indeed, there are budget PPC (Pay Per Click) limitations on each upgraded user based on their level of service (increasing budgets from Bronze through Platinum and individual a la carte jobs) such that when exhausted, they will cease to appear on Indeed’s sponsored listings (paid) until the following month when the budget resets. User understands that FeeTrader® makes no warranties that any user’s jobs will appear at any given time on Indeed as restrictions of PPC budget, the respective PPC rules per job and company based on level, and Indeed’s own job pitching rules govern that and FeeTrader® has limited control of when and where they display. For organic job posts on any of FeeTrader’s partner sites, user understands that FeeTrader® makes every effort to communicate all job posts (to candidates) to all the partner sites but cannot guarantee, based on their processes and rules of which FeeTrader® has limited control, that every job post at all times will appear on these partner sites.
By proceeding with this purchase, you are re-confirming your complete acceptance of FeeTrader's terms.
Additional terms and conditions apply to SVP Users.
- CONDITIONS OF USE. By your use of FeeTrader's Site or services, you represent that you are of legal age to form a binding contract and are not a person barred from using FeeTrader's Site or services under the laws of the United States or other applicable jurisdiction. By your use, you agree to: (a) provide true, accurate, current and complete information about yourself in your use of FeeTrader's Site or services; and (b) maintain and promptly update your information on FeeTrader's Site or services to keep it true, accurate, current and complete. You understand you will be solely responsible for the contents you make available through FeeTrader's Site or services. If you provide any information that is untrue, inaccurate, not current or incomplete, or FeeTrader® has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, FeeTrader® has the right to suspend or terminate your account, and refuse any and all current or future use of FeeTrader's Site or services.
- COMPLIANCE GENERALLY. Recognizing the global nature of the Internet, you agree your use of FeeTrader's Site or services shall comply with all state, national, international, and local laws and regulations having the force of law, including without limitation, intellectual property, import and export, employment (including EEOC and OFCCP), securities, privacy, online conduct, and acceptable content laws and regulations.
- INTERNATIONAL USE. The Site is controlled and operated from its facilities in the United States. FeeTrader® makes no representations that the Site is appropriate or available for use in other locations. Those who access or use the Site from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use or access the Site if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. In particular, you: (a) represent that you are not a party identified on any government export exclusion list, including but not limited to the U.S. Denied Persons, Entity, and Specially Designated Nationals Lists, nor will you transfer software, technology and other technical data via FeeTrader® to parties identified on such lists; (b) agree not to use FeeTrader® for military, nuclear, missile, chemical or biological weaponry end uses in violation of U.S. export laws; (c) agree not to transfer, upload or post via FeeTrader® any software, technology or other technical data in violation of U.S. or other applicable import or export laws.
- PROHIBITED USE. You agree not to post, email, transmit, upload or otherwise make available content that:
- may create a risk of harm, loss, physical or mental injury to another person, or create a risk of any other loss or damage to any person or property;
- seeks to harm or exploit minors, by exposing them to inappropriate content or otherwise;
- may constitute or contribute to a crime or tort;
- contains any information or content that may be unlawful, harmful, abusive, racially or ethnically offensive, tortious, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable;
- impersonates any person or entity, including but not limited to, a FeeTrader® official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity
- contains material you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- makes available any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes" or any other form of solicitation;
- contains content contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party's trade secrets);
- makes available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- intentionally or unintentionally violates any applicable local, state, national or international law, including, but not limited to, employment-related regulations or laws, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
- "stalks" or otherwise harasses another person or entity;
- violates third-party rights of any kind, including without limitation any intellectual property rights, rights of publicity and privacy;
- contains any information or content that you know is not true, accurate, current and complete; and/or
- collect or store personal data about other Users in connection with the prohibited conduct and activities set forth above.
- jobs to FeeTrader's split board (to Recruiters) from companies that you or your firm does not have a direct contractual relationship. This includes posting split jobs from other split partners (splits of splits). FeeTrader® reserves the right to remove all posts of a user if it is determined, in any FeeTrader® representative's best judgment, that the user is posting split jobs for which s/he is not contractually working with the end hiring company.
- is not a legitimate or salary paying job. Postings that are poorly formatted or are for MLM or similar marketing purposes will not be approved and will result in account termination.
- MEMBER ACCOUNT, PASSWORD, SECURITY. You will select a password and account designation upon completing FeeTrader's registration process. Each FeeTrader® account is for the use of one User only. FeeTrader® accounts are not designed to be shared. If FeeTrader® reasonably believes that any one account is being shared by multiple users on a paid account, you agree to assessment of a penalty fee of one year's membership at the then current membership fees for that account per sharing user. You agree that FeeTrader® may automatically assess the penalty fee to any credit card accounts registered with FeeTrader® under the account. Any further sharing after payment of the penalty fee shall result in termination of the account and immediate forfeiture of any amounts owed to the account User. If FeeTrader® is unable to obtain payment of the penalty fee after 15 days, the account shall be terminated and account User immediately forfeits any amounts owed to the account User. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your account and ensuring that you exit from your account at the end of each session. You agree to immediately notify FeeTrader® of any unauthorized use of your password or account or any other breach of security. FeeTrader® cannot and will not be liable for any loss or damage arising from your failure to comply with this subsection (vi).
- NO TRANSFER, ASSIGNMENT, OR DELEGATION. User shall not transfer, assign, or delegate User's rights or obligations (including use of User's account) under the TERMS to anyone. Any attempt to do so will be null and void.
- FEETRADER'S ROLE
- NO RELATIONSHIP. Nothing in these TERMS shall be deemed to create a partnership, joint venture, agency, or employer-employee relationship between Users or between Users and FeeTrader.
- CONTENT, REMEDIAL ACTION. You agree that FeeTrader® may or may not pre-screen the content on its Site and which is made available through its services, and that FeeTrader® shall have the right (but not the obligation) in its sole discretion to pre-screen, refuse or remove any content that is available via the Site and its services. FeeTrader® and its agents shall have the right to take remedial action, including but not limited to, removing any content which violates these TERMS or is otherwise objectionable, terminating or suspending the sending User's registration, and subjecting such User to civil and criminal penalties.
- REFUSAL, TERMINATION, SUSPENSION. FeeTrader® reserves the right in its sole discretion to refuse, suspend, or terminate your account without prior notice to anyone for any reason or no reason. FeeTrader® also reserves the right to limit postings of any sort to FeeTrader® by any member for any reason.
5. INTERACTION THROUGH SITE
You agree that the use of the FeeTrader® Site and service is entirely at your own risk. The FeeTrader® site and service is provided on an "AS IS" or "AS AVAILABLE" basis, without any warranties of any kind. Your interactions with other Users found on or through the service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such other User. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any other User or third parties.
- CONTENT SUBMITTED OR MADE AVAILABLE. FeeTrader® does not claim ownership of content you submit or make available for inclusion on the FeeTrader® Site or Services. However, with respect to content (including, without limitation photos, graphics, audio, video or content in any other media) you submit or make available for inclusion on publicly accessible areas of the Site, you grant FeeTrader® the worldwide, royalty-free and non-exclusive license(s) applicable to use, distribute, reproduce, modify, adapt, translate, publish, publicly perform and display such content (in whole or in part) and to incorporate such content into other works in any format or medium now known or later developed. To promote Users, FeeTrader® may repost any content or information posted by Users on the FeeTrader® Site for use on other third-party recruiting and employment related services. User grants FeeTrader, and its third-party partners, the worldwide, royalty-free and non-exclusive license(s) applicable to use, distribute, reproduce, modify, adapt, translate, publish, publicly perform and display such content (in whole or in part) and to incorporate such content into other works in any format or medium now know or later developed on third-party employment-related websites and services. Any such license exists only for as long as you elect to continue to include such content on FeeTrader's Site or services, and will terminate at the time you or FeeTrader® removes such content from FeeTrader's Site or services.
- CONTRIBUTIONS TO FEETRADER. By submitting ideas, suggestions, documents and/or proposals ("Contributions") to FeeTrader® through its suggestion, feedback or message posting services, you acknowledge and agree that:
- your Contributions do not contain confidential or proprietary information;
- FeeTrader® is not under any obligation of confidentiality, express or implied, with respect to the Contributions;
- FeeTrader® shall be entitled to use or disclose, or not use or disclose, such Contributions for any purpose, in any way, in any media worldwide;
- FeeTrader® may have something similar to the Contributions already under consideration or in development;
- your Contributions automatically become the property or FeeTrader® without any obligation of FeeTrader® to you; and
- you are not entitled to any compensation or reimbursement of any kind from FeeTrader, unless expressly provided for in this TOU.
- USE AND STORAGE PRACTICES. You acknowledge that FeeTrader® may establish and modify general practices and limits concerning the use of FeeTrader® services, including without limitation, the maximum number of days that email messages, message board postings or other uploaded content will be retained by FeeTrader, the maximum number or size of email messages that may be sent from or received by an account with FeeTrader, the maximum disk space that will be allotted on FeeTrader's servers on your behalf, and the maximum number of times and duration you may access FeeTrader's services within a given period of time. You agree that FeeTrader® has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by FeeTrader's services. You acknowledge that FeeTrader® reserves the right to suspend or terminate accounts that are inactive for an extended period of time.
- DATA. You are solely responsible for the creation, storage and backup of your business records. This TERMS and any registration for use of the Site will not be construed as creating any responsibility on FeeTrader's part to store, backup, retain, or grant access to any information or data for any period.
- PROPRIETARY RIGHTS. You acknowledge and agree that FeeTrader® and any necessary software used in connection with FeeTrader's Site and its services contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that the content contained in advertisements or information presented to you through FeeTrader® or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by FeeTrader® or the applicable licensor (such as an advertiser or User), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the FeeTrader® services or software, in whole or in part.
You agree not to access FeeTrader's Site or services by any means other than via the interface that is provided by FeeTrader® for use in accessing the FeeTrader® Site or services.
6. ADDITIONAL TERMS AND CONDITIONS FOR SVP USERS (SINGLE VENDOR PLAN USERS)
These additional terms and conditions define the relationship between bidding recruiters, FeeTrader, and job posting employers under the Single Vendor Plan (SVP). Recruiters, FeeTrader, and employers utilizing the SVP are "SVP Users". Unless expressly stated otherwise, all other terms and conditions of these TERMS apply to the SVP Users as well. Under the Single Vendor Plan, FeeTrader® acts as the single recruiting firm for employers. Recruiters utilize the SVP to bid on positions and potentially place candidates with employers, and the employer pays FeeTrader® a placement fee. The placement fee is determined by the winning bid amount corresponding to the recruiter with the successful candidate placement. After certain conditions are fulfilled, FeeTrader® pays the recruiter a percentage of the placement fee.
- Recruiters are responsible for selecting, recruiting and placing candidates with Employers thru the SVP system. Employers are responsible for reviewing and selecting candidates for employment. FeeTrader® only acts as an intermediary for employers and recruiters through the listing, bidding and transactional mechanisms of the SVP online system. FeeTrader® has no responsibilities or obligations to the recruiters, employers, or candidates other than to operate the SVP system in accordance with these TERMS, any fee payment requirements, and the official descriptions of the SVP system on the Site.
- Recruiters are required to have verifiable permission from candidates to work on their behalf on the FeeTrader® Site, and recruiters warrant to FeeTrader® and employers that they have all necessary authority from candidates to act on the candidate's behalf. Recruiters "own" the rights to any FeeTrader® fees related to a specific placed candidate on a first come first serve basis. Recruiters "own" candidates they submit to a FeeTrader® employer for a period of 12 months (with respective employer only) from the date they submit the candidate and only if the candidate is a "qualified submission". A "qualified submission" is defined as meeting 100% of the following 2 requirements.
If the respective Employer hires the candidate during this 12 month period for any position, the Employer owes the Placement Fee listed below.
- Recruiter submitted the candidate thru the FeeTrader® system from the "Submit Candidate" button underneath the respective job in the "Employer Jobs" section of their account
- employer has not already had contact with respective candidate from any other means within the 12 months preceding the date of submission from FeeTrader® recruiter. Contact can include but is not limited to: live interview, telephone conversation, job application, or email/text exchange.
- Employer shall pay FeeTrader® the negotiated placement fee. If the employer hires any FeeTrader® recruiter referred candidate, the employer agrees to pay the fee equal to the winning bid amount respective to the position to which the candidate was being submitted even if the candidate was hired into a different position. The Placement Fee shall be due and payable 30 days after a candidate begins work for the employer. The employer is entitled to a 90 day guarantee period for each candidate hired by the employer. The 90 day guarantee period begins on the placed candidate's employment start date. If a placed candidate leaves his or her employment before the end of the guarantee period, or if the placed candidate is dismissed for reasons other than a lack of work, then the employer will receive a free replacement of the placed candidate or a credit for future placement. This guarantee is honored on placements with payments made within 30 days from candidate start date. Employer agrees to forfeit the guarantee policy on any placements where the corresponding invoice was paid late.
- Placement Fees are due and payable from the employer within 30 days from the placed candidate's employment start date, and payment shall be deemed late if it has not been sent by the date it is due and payable. Late payments shall be assessed interest at 1.5% per month, and employer agrees to pay for court and arbitration costs (including arbitrator's fees) and reasonable attorney fees incurred by FeeTrader® for the cost of any actions or claims for non-payment after 60 days from the placed candidate's employment start date.
- To trigger a replacement, the employer must send notice to FeeTrader® of the placed candidate's employment termination within five business days of the termination. The employer must send notice to FeeTrader's corporate address via certified mail return receipt requested, and email, to the following:EMPLOYER'S FAILURE TO SEND NOTICE TO FeeTrader® WITHIN FIVE BUSINESS DAYS OF A PLACED CANDIDATE'S TERMINATION SHALL BE DEEMED A WAIVER OF EMPLOYER'S RIGHT TO A REPLACEMENT.
- FeeTrader® will pay the placing recruiter a "Commission Rate", defined as a percentage of the Placement Fee paid by the employer. The Placement Fee to the employer is determined by the bidding process. The placing recruiter must trigger an invoice to FeeTrader® for the end client by utilizing the invoicing system in their FeeTrader® account. Payment of the Commission Rate to the placing recruiter by FeeTrader® is expressly conditioned upon the employer's corresponding payment of the Placement Fee to FeeTrader. Any reduced amount Placement Fee payments actually paid by an employer to FeeTrader® shall be paid in kind at a pro rata Commission Rate to the placing recruiter. FeeTrader® will take good faith measures to collect Placement Fees from employers, however, FeeTrader® shall not be liable to placing recruiters for any employer's failure to pay Placement Fees to FeeTrader. Recruiter is responsible for verifying the current Commission Rates and other conditions listed on the Site before bidding. The Commission Rates are honored at the rates corresponding with the date of the respective recruiter's bid as long as recruiter maintains that level of FeeTrader® service until paid the commission. Should the recruiter downgrade the account level, the recruiter will be paid the commission rate corresponding to the lowest level of service account held while awaiting payment; commissions as outlined below. FeeTrader® will pay the placing recruiter the Commission Rate immediately after a guarantee period of 90 days (maximum, at times there are shorter guarantees and FeeTrader® will pay as soon as the guarantee allows) if payment has been received by FeeTrader. If not yet received, the Commission Rate will be paid to the recruiter upon receipt from the employer under the aforementioned terms if a partial pay. The guarantee period will begin on the date the placed candidate begins his or her employment with the employer. If a placed candidate leaves his or her employment before the end of the guarantee period, or if the placed candidate is dismissed for reasons other than a lack of work, then the employer will receive a replacement in accordance with the conditions above, and the Commission Rate will not be due and payable to the placing recruiter unless the placing recruiter replaces the displaced candidate and awaits a new 90 day guarantee period from time of the replaced candidate’s first day of work.
- All SVP Users must comply with all relevant laws, regulations, and other rules found within these TERMS that are applicable to recruiting, employment, and the operation and use of the FeeTrader® Site. Employers and recruiters are required to notify candidates of these TERMS and their relevance to the candidates' recruitment and employment. Users indemnify FeeTrader® under section 12 of these TERMS for any claims against FeeTrader® by other Users or third parties.
- The Single Vendor Plan Commission Rates are currently set at the following rates in accordance with all applicable terms and conditions of these TERMS:
- Gold and Platinum Level Users receive 60% of the collected Placement Fee
- Silver/Bronze/Yearly Promo Level Users receive 55% of the collected Placement Fee
- Free Level Users receive 50% of the collected Placement Fee
7. TRADEMARK INFORMATION
You agree that all of FeeTrader's trademarks, trade names, service marks and other FeeTrader® logos and brand features, and product and service names ("FeeTrader® Marks") are trademarks and the property of FeeTrader. Without FeeTrader's prior permission, you agree not to display or use in any manner FeeTrader® Marks.
8. COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS: NOTICE AND PROCEDURE
FeeTrader® respects the intellectual property of others, and we ask our Users to do the same. FeeTrader® may, in appropriate circumstances and at its discretion, suspend, terminate or cancel the accounts of Users who may be repeat infringers. If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide FeeTrader's Copyright Agent the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate, and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
FeeTrader's Copyright Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
9. WARRANTY DISCLAIMER
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- FEETRADER'S SITE AND SERVICES ARE PROVIDED "AS IS," "AS AVAILABLE", AND WITHOUT ANY WARRANTIES OR CONDITIONS (EXPRESS OR IMPLIED), INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OR TRADE.
- FeeTrader® AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT: (i) FeeTrader® SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) FeeTrader® SERVICES OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH FeeTrader® SERVICES OR SOFTWARE; OR (iv) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- FeeTrader® AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES, OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE QUALITY, IDENTITY OR RELIABILITY OF ANY THIRD PARTY, OR AS TO THE ACCURACY OF THE POSTINGS MADE ON THE WEB SITE BY ANY THIRD PARTY.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED OR ACCESSED THROUGH THE USE OF FeeTrader® SERVICE OR SOFTWARE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FeeTrader® OR THROUGH OR FROM FEETRADER'S SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR ALL THE FOREGOING LIMITATIONS ON IMPLIED WARRANTIES, SO TO THAT EXTENT, IF ANY, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You expressly understand and agree that FeeTrader® and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be responsible or liable to you for any loss or damage of any sort, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, incurred as the result of any dealings resulting from the use or the inability to use the FeeTrader® service, the cost of procurement of substitute goods and/or services, unauthorized access to or use of your account or contents you make available, statements or conduct of any third party on FeeTrader, or any other matter relating to the FeeTrader® Site or services.
If there is a dispute between Users on this site, or between users and any third party, you understand and agree that FeeTrader® is under no obligation to become involved. In the event that you have a dispute with one or more other Users, you hereby release FeeTrader, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes or to FeeTrader's Site or services.
11. THIRD PARTY BENEFICIARY
You acknowledge and agree that the value, reputation and goodwill of the Site depend on the User's obligations and agreements as set forth in this TERMS. User agrees therefore to appoint FeeTrader® as a third-party beneficiary of this TERMS for the purposes of enforcing the obligations owed to, and the benefits, conferred upon FeeTrader® by this TERMS. User further agrees that FeeTrader® has the right to take such actions with respect to any obligation or agreement arising under or relating to this TERMS, including without limitation, suspension, termination, or legal actions, as FeeTrader® in its sole discretion deems necessary to protect the value, reputation, and goodwill of the Site.
With exception of the foregoing, or as may be otherwise provided for in these TERMS, you agree that there shall be no third-party beneficiaries to this agreement.
User agrees to hold harmless and indemnify FeeTrader, its officers, subsidiaries, affiliates, successors and assigns against any and all losses, costs expenses, damages, or other liabilities incurred by FeeTrader, and against any cost, liability, loss, damage, cause of action, claim, suit, proceeding, demand or action brought by other Users (including candidates), or by any third parties against FeeTrader® in connection with your use of the Site, including any content posted or information submitted to the Site, employment-related claims, and payment obligations incurred through use of the Site. This indemnity shall also apply to any follow-on transactions or events connected to your use of the Site.
13. MISCELLANEOUS TERMS & CONDITIONS
- ENTIRE AGREEMENT, SEVERABILITY. These TERMS, together with any other legal notices and agreements published by FeeTrader® via the Site, shall constitute the entire agreement between you and FeeTrader® concerning the Site and its services. If any provision of these TERMS is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these TERMS, which shall remain in full force and effect.
- TITLES AND SUBHEADINGS. The titles and sub-headings under these TERMS are for convenience only, and have no legal or contractual effect.
14. DISPUTE RESOLUTION BETWEEN USER AND FEETRADER
- CHOICE OF LAW AND FORUM. These TERMS and any disputes concerning the validity, interpretation, or performance of any of its terms or provisions, or any rights or obligations of the parties hereunder, shall be governed by the laws of the State of Colorado, without giving effect to any principle that may provide for the application of the law of another jurisdiction. You agree that any claim or dispute you may have against FeeTrader® shall be resolved by a court located in the county of Denver, Colorado. You and FeeTrader® agree to submit to the personal jurisdiction of the courts located within the county of Denver, Colorado, and agree to waive any and all objections to the exercise of jurisdiction over parties by such courts and to venue in such courts.
- STATUTE OF LIMITATIONS. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of FeeTrader® or the TERMS must be filed within one (1) year after such claim or cause of action arose, or be forever barred.
- NOTICES TO USER. FeeTrader® may provide you with notices, including those regarding changes to these TERMS, via but not limited to email, regular mail, SMS, MMS, text message, postings on FeeTrader® or other reasonable means now known or hereafter developed. You will be considered to have received a communication when FeeTrader® sends such communication to the contact information you have provided to FeeTrader® on the Site, or when FeeTrader® posts such communication on the Site. Such notices may not be received if you violate these TERMS by use of FeeTrader's Site or its services in an unauthorized manner. You hereby agree that you are deemed to have received any and all notices that would have been delivered to you had you accessed FeeTrader® in an authorized manner.
- CONTACTING FEETRADER®. If you wish to report a violation of the TERMS, or have any questions or need assistance, please contact us at: