Term & Conditions

TERMS AND CONDITIONS FOR THE USE OF THE TRADE-REVIEWS WEBSITE

These user terms and conditions (hereinafter referred to as the "User Terms") apply to any use of tarde-reviews's website (hereinafter referred to as the "Website"), including - but not limited to - www.tarde-reviews.com.

The Website is supplied by tarde-reviews, Inc., a Delaware corporation situated at 245 5th Avenue, 5th floor, New York, NY 10016, USA ("tarde-reviews"). In these User Terms, the words "we", "us" and "ours" refer to tarde-reviews.

These User Terms are deemed to include all other operating rules, policies, and guidelines that are referred to herein or that we may otherwise publish on the Website (as such, rules, policies and guidelines may be amended from time to time), including without limitation:

Our "Guidelines for the use of the tarde-reviews Services" (hereinafter referred to as the "User Guidelines"), which are located at trade reviews.

Our Privacy Policy, which is located at trade Reviews.

Our Copyright Dispute Policy, which is located at trade Reviews

In the event of any conflict between the terms contained herein and those of the User Guidelines, the User Guidelines will govern and control.

By using the Website, you accept to be subject to the User Terms, including the User Guidelines. If you do not accept these User Terms, you are not permitted to use the Website and are kindly requested not to use the Website any further. The registration as a user requires your express acceptance of these User Terms.

THE SERVICES ON THE WEBSITE
GENERAL TERMS

Rights

  1. The Website and the services we offer via the Website, including all underlying technology and intellectual property rights embodied therein, are and remain our sole and exclusive property, and no license or any other right is granted to any such underlying technology. If you provide feedback, ideas or suggestions regarding the Website or the services offered on the Website ("Feedback"), we are free to fully exploit such Feedback.
  2. The content on the Website, including but not limited to the intellectual property rights, text, characteristics, graphics, icons, photos, calculations, references and software is or will be our property or the property of a third party and is protected by U.S. and applicable international legislation, including without limitation applicable copyright and trademark laws.
  3. Unauthorized copying, distribution, presentation or other use of the Website or part hereof is a violation of U.S. law and may thus result in civil and/or criminal penalties.
  4. To the fullest extent permitted by law, the rights to free use of the UGC are transferred to us irrevocably, without any time limitation and without territorial limitations, by submitting the UGC to us.
  5. Downloading and other digital copying of the content on the Website or parts hereof are only permitted for personal non-commercial use unless otherwise agreed with us in writing or allowed under applicable mandatory law.
  6. All company names, trademarks and other business characteristics on the Website is or will be our property or the property of a third party (other than the Registered User) and must only be used for business purposes upon prior approval from us or the third party owner, respectively.

Personal data

We perform different types of processing of personal data in connection with the use of the Website. Our processing of personal data takes place under observance of our Privacy Policy.

By accepting these User Terms, you confirm to have read and accepted our Privacy Policy.

Disclaimers

  1. THE WEBSITE, CONTENT AND SERVICES OFFERED ON THE WEBSITE ARE PROVIDED 'AS IS' AND AS AVAILABLE WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TRADE-REVIEWS EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE WEBSITE AND SERVICES MAY BE MODIFIED, UPDATED, INTERRUPTED, SUSPENDED OR DISCONTINUED AT ANY TIME WITHOUT NOTICE OR LIABILITY.
  2. We make no representations or warranties with respect to any UGC published on the Website. Notwithstanding the foregoing, Trade-Reviews may at all times investigate and edit (including anonymizing) UGC, e.g. if such actions are (i) prompted by third party requests, (ii) required under applicable law or (iii) necessary for the UGC's compliance with our User Guidelines.
  3. We disclaim all liability for the content of UGC. Our non-liability applies, without limitation, to any UGC, including UGC which has been edited by us (see 5.2). We are not liable for any links to third party websites in the UGC, including for the content of the page to which the UGC links.
  4. Recommendations, reviews, comments, etc. of specific companies, services, e-businesses, etc. on the Website are provided by Registered Users and are not endorsements made by us. We disclaim all liability for the content of the Website. The use of our services is in any respect the sole responsibility of the Registered Users. We cannot be held liable for the availability of the Website.

Limitation of liability

  1. WE SHALL IN NO CASE BE HELD LIABLE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE FOR DAMAGES FOR THE USE OF THE WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING (I) LOSS OF PROFITS, CONTRACTS, TURNOVER, BUSINESS, BUSINESS OPPORTUNITY, LOSS OR CORRUPTION OF DATA OR RECOVERY OF DATA, GOODWILL, SECURITY BREACH RESULTING FROM A FAILURE OF THIRD PARTY TELECOMMUNICATIONS AND/OR THE INTERNET, ANTICIPATED SAVINGS OR REVENUE (REGARDLESS OF WHETHER ANY OF THESE ARE DIRECT, INDIRECT OR CONSEQUENTIAL) (II) ANY LOSS OR DAMAGE ARISING IN CONNECTION WITH LIABILITIES TO THIRD PARTIES (WHETHER DIRECT, INDIRECT OR CONSEQUENTIAL) OR (III) ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGE WHATSOEVER. SOME STATES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
  2. OUR TOTAL AGGREGATE LIABILITY, INCLUDING WITHOUT LIMITATION LIABILITY FOR BREACH OF CONTRACT, MISREPRESENTATION (WHETHER TORTIOUS OR STATUTORY), TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY OR OTHERWISE, ARISING FROM OR IN CONNECTION WITH THE USER TERMS, THE WEBSITE OR OUR SERVICES WILL NEVER FOR ANY AND ALL ACTIONABLE CIRCUMSTANCES EXCEED ONE HUNDRED DOLLARS ($100.00). YOU FURTHER AGREE THAT NO CLAIMS OR ACTIONS ARISING OUT OF, OR RELATED TO, THE USE OF OUR WEBSITE OR SERVICES OR THESE USER TERMS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE ACTIONABLE EVENT. NOTHING IN THE USER TERMS EXCLUDES OR LIMITS EITHER PARTY'S LIABILITY FOR MATTERS WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Other User Terms

  1. We may at any time, in our sole discretion, revise or change these User Terms. We will make an effort to provide reasonable advance notice of any such changes. We may at any time, in our own discretion and without notice, close, change or reorganize the Website. As a Registered User you accept to be covered by the at all times current User Terms. Any revision or change of the User Terms will be stated on the Website. We will furthermore strive to inform the Registered Users about the change of the User Terms. The Registered Users agree that the continued use of the Website after any posted modified version of the User Terms is an acceptance of the modified User Terms.
  2. Should any of these User Terms be regarded as unlawful or without effect and therefore not to be enforced, this will not have any effect on the applicability and enforcement of the remaining part of the User Terms.

Term and termination

We may terminate your right to access and use the services offered on the Website at any time for any reason without liability. If we do so, or if you elect to delete your profile, any rights granted to you herein will immediately cease. Sections 2-10 will survive any termination of the User Terms.

Applicable law and venue

The User Terms and the relationship between you and Trade-Reviews are governed by the laws of the State of New York, without regard to the conflicts of law provisions thereof. Any disputes must be brought exclusively in the state or federal courts located in New York, and the parties hereby consent to the jurisdiction of such courts.

Miscellaneous

  1. You acknowledge and agree that these User Terms constitute the complete and exclusive agreement between you and Trade-Reviews concerning your use of the Website and supersede and govern all prior proposals, agreements or other communications.
  2. Nothing contained in these User Terms can be construed as creating any agency, partnership or other form of joint enterprise between us. Our failure to require your performance of any provision hereof will not affect our full right to require such performance at any time thereafter, nor may our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. You may not assign any rights granted to you hereunder, and any such attempts are void.

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