Trade A Favor | Terms and Conditions

TERMS AND CONDITIONS OF USE OF THE TRADE A FAVOR WEB SITE AND ASSOCIATED COMPUTER SERVICES

Trade A Favor, Inc. ("Company" or "we"), is the owner and operator of TradeAFavor.com and associated computer services, applications and widgets, all of which are collectively referred to as the "Web Site" or "TAF Services" herein.

BEFORE YOU BEGIN TO USE ANY TAF SERVICES, PLEASE CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS ("AGREEMENT") OF USE.

THIS AGREEMENT CONTAINS IMPORTANT INFORMATION AND SETS FORTH THE ENTIRE AGREEMENT BETWEEN YOU AND THE COMPANY. IT IS, THEREFORE, VERY IMPORTANT THAT YOU COMPLETELY READ AND FULLY UNDERSTAND THIS AGREEMENT BECAUSE BY YOUR USE OR CONTINUED USE OF THE TRADEAFAVOR.COM WEB SITE OR ANY OF THE TAF SERVICES, YOU WILL BE EXPRESSLY SIGNIFYING THAT YOU AGREE TO ALL THE TERMS, CONDITIONS AND OTHER PROVISIONS SET FORTH IN THIS DOCUMENT AND IN OUR PRIVACY POLICY.

ONLY ADULTS ARE AUTHORIZED TO USE THIS WEB SITE AND SERVICES RELATED TO THIS WEB SITE. AUTHORIZED ACCESS AND USE OF THE WEB SITE, ITS DATABASES AND FUNCTIONALITY ARE LIMITED TO PERSONS OVER THE AGE OF EIGHTEEN YEARS OR TWENTY-ONE YEARS WHERE THE AGE OF MAJORITY IS NOT EIGHTEEN YEARS.

THE COMPANY DOES NOT KNOWINGLY MARKET TO, OR SEEK OR COLLECT ANY PERSONAL INFORMATION OR OTHER DATA FROM, ANY PERSONS UNDER THE AGE OF EIGHTEEN YEARS.

IF YOU DO NOT UNDERSTAND OR DO NOT EXPRESSLY AGREE WITH ALL OF THE TERMS OF THIS AGREEMENT AND OUR PRIVACY POLICY YOU SHOULD LEAVE THE WEB SITE. UNLESS YOU UNDERSTAND AND EXPRESSLY AGREE WITH ALL THE TERMS OF THIS AGREEMENT AND OUR PRIVACY POLICY, YOU WILL NOT BE AUTHORIZED TO ACCESS ANY DATA ON OUR COMPUTERS OR USE ANY SERVICES OFFERED OR OTHERWISE PROVIDED BY OR THROUGH THE WEB SITE.

ANY UNAUTHORIZED ACCESS TO THE WEB SITE, INCLUDING ANY ACESS OR USE OF THE WEB SITE, IN ANY MANNER, BY A MINOR OR BY A PERSON ASSISTING A MINOR TO ACCESS ANY SUCH RESTRICTED PARTS OF THE WEB SITE, SHALL CONSTITUTE UNAUTHORIZED ACCESSING OF THE COMPANY'S COMPUTERS AND DATABASES IN EXCESS OF THE AUTHORIZATION EXPRESSLY GRANTED BY THE COMPANY IN THIS AGREEMENT, AND SHALL COMPRISE A VIOLATION OF THE STORED COMMUNICATIONS ACT (18 U.S.C. § § 2701- 2710), TRESPASS TO CHATTELS, INTENTIONAL COPYRIGHT INFRINGEMENT(S) OF THE COMPANY'S, AND POTENTIALLY OTHERS', COPYRIGHTS PROTECTED UNDER THE LAWS OF THE UNITED STATES AND OTHER COUNTRIES, INTENTIONAL INFRINGEMENTS OF THE COMPANY'S TRADEMARKS AND POTENTIALLY OTHER SERIOUS VIOLATIONS OF CIVIL AND CRIMINAL LAWS.

BY CLICKING ON A LINK AGREEING TO THIS AGREEMENT IN THE WEB SITE AND/OR BY ACCESSING OR CONTINUING TO ACCESS THE WEB SITE AND/OR ANY TAF SERVICES, OFFER OR OTHER FUNCTIONALITY AVAILABLE IN, ON, AT OR THROUGH THE WEB SITE, YOU HEREBY AGREE TO THE ABOVE AND ALL THE FOLLOWING:

1. Definition of Terms.: a. The use of the terms "visitor", "member", "subscriber", "Web Site user", "user", and "contributor" shall mean and otherwise refer to you.; b. The term "Third Party Program Participants" shall mean merchants, advertisers, promoters, content providers, product providers and other third parties that provide information, goods and/or services to you and other Web Site users through, or in association with, the Web Site.

2. Company Does Not Mediate, and Is Not Responsible For Information Submitted By Third Parties.

a. You acknowledge and agree that the Company shall not be responsible or liable in any manner for any information submitted by, or originating with, any party not under the direct and complete control of the Company, including, without limitation, users of the TAF Services, Third Party Program Participants, the Web Site's advertisers, promoters, vendors, and parties whose web sites are linked to the Web Site.

b. The Company does not review, and does not exert any editorial control over the descriptions, photographs, video, audio, other content, claims or opinions of any third parties that appear on or in association with the Web Site, including Third Party Program Participants and persons posting descriptions, photographs, video, audio or any other content to the Web Site. You acknowledge and agree that at all times, it shall be your responsibility to evaluate the accuracy, completeness, usefulness and other characteristics of all descriptions, offers, promotions, advertisements, submissions, contributions, postings, opinions and all other information available in, on, at, through or in association with the Web Site. You are responsible for confirming with other users, advertisers, promoters, third-party providers of goods and/or services, Third Party Program Participants, content providers and all other relevant parties, any information you have received before you agree to any trade, accept any offer, purchase any goods and/or services, or take any actions in reliance on any representations made by any such parties.

c. You acknowledge that You understand that the Company does not screen, evaluate or endorse any third party Web sites, products, services, content, advertising, marketing, promotions or promotional materials or policies, including, without limitation any offered in favor listings, advertisements or communications linked or otherwise relating to the Web Site, nor does the Company have any editorial control or supervision over any such content, materials or services.

d. You further acknowledge that you understand that Company does not control the content of any information, messages, communication or other materials posted or uploaded by other users of the Web Site, including materials, such as reviews, descriptions, opinions, photographs, video, audio and other data, submitted by users of the Web Site. You release the Company and agree to hold the Company harmless from any and all liability and responsibility in connection with the content of any information, messages, communication or other materials available in, on, at or in association with, the Web Site.

e. You further acknowledge that you understand that Company does not mediate disputes between users of the TAF Services, and that your sole remedies for resolving any disagreement that may arise in the course of your use of the TAF Services are (a) reporting fraudulent activity to us immediately and (b) leaving an appropriate feedback rating for the other user.

f. If you believe that your copyright has been infringed by a user of the Web Site or TAF Services, please contact us immediately to report the violation by clicking here or by faxing (626) 298-6760.

3. Favor Listings and Other Content Submitted By You. The following special terms and conditions apply to all favor listings and other authorized content for posting on the Web Site ("Content"):

a. You must use a Company-approved online administrative interface to contribute your Content.

b. You may not submit Content for uploading or posting on the Web Site if you are under the age of eighteen years.

c. The party submitting the Content must be the author of the Content submitted.

d. By uploading any Content, you give the Company and its assigns an irrevocable, perpetual, transferable, non-exclusive, royalty-free license to use, copy, transmit, perform, display, modify, and create derivative works from the Content, to incorporate the Content into other works, and to publish and distribute the Content in any form throughout the universe without compensation to you. You further signify that you waive all moral rights in and to the Content.

e. No favor listing or other Content will be subject to any duty or obligation of confidence by Company or any of its agents, advertisers, Third Party Program Participants or any other person.

f. The Company shall not be obligated to publish your Content in any particular manner at any given time. The Company may also discontinue the publication of any Content at any time for any reason. Failure of the Company to publish any Content shall not affect Company's license in that Content defined in paragraph (d) of this section.

g. No Content may contain any text, graphics, photographs, audio recordings, video, audiovisual or other material that

i. contains any graphic or explicit sexual depictions, including without limitation, any images that are subject to 18 U.S.C. § 2257;

ii. comprises or contains any defamatory, libelous, harmful, hateful, abusive, threatening, offensive, vulgar, pornographic or obscene content;

iii. infringes the intellectual property rights, privacy rights or any other rights of any person or entity;

iv. violates any law, rule or regulation;

v. contains any harmful computer viruses or other harmful component;

vi. solicits funds;

vii. promotes, or directs users to, other Web sites or services; or

viii. contains misleading or inaccurate information or information you know to be false or deceptive.

h. You acknowledge and agree that you, and not the Company, shall be solely responsible and liable for all damages, liability or other consequences, foreseen or unforeseen, of all information which you submit to the Company for publication through the Web Site even if a claim for damages or liability should arise after termination of services to you or the termination of this Agreement.

i. By submitting Content to the Company, you also grant the Company the right to use a fictitious name or no name in association with the publication of the Content and any derivative works thereof.

j. The Company may, at the Company's sole discretion, suspend or terminate your access the Web Site or any TAF Services if you violate any of the terms and conditions pertaining to the submission of Content, or any other terms and conditions of use of the Web Site, or for any other behavior that Company in its sole discretion deems is inappropriate. If your account is terminated, Company shall bear no obligation to furnish you with any data or Content that becomes inaccessible to you.

4. Use of Chat Rooms, Message Boards and Online Forums.

a. All use of the Web Site's chat rooms, message boards, online forums, and use of all other User communication features which may be offered in, at or in association with the Web Site, are subject to the same requirements for submissions set forth in the above paragraphs 3b through 3g, inclusive.

b. You must register a valid e-mail address in accordance with instructions that you will find on the Web Site in order to contribute to any chat room, message board or online forum.

c. You grant to the Company the worldwide, perpetual, nonexclusive right to use your postings, opinions, questions, comments and other participation in the Web Site's chat rooms, message boards, online forums and other User communications features, in their original or edited form, in every medium now known or later developed.

d. You also warrant that you own or otherwise control all of the rights to the content you have posted, or you have otherwise supplied, to the Web Site and that the public posting and use of such content by the Company will not infringe the intellectual property, privacy or any other rights of any third party. Additionally, you warrant that any "moral rights" in posted materials have been waived.

e. You acknowledge and agree that you shall not be entitled to any compensation for any materials you may post or otherwise provide to the Web Site or to the Company.

f. You acknowledge and agree that all messages or content posted by you in any chat room or public area of the Web Site shall be deemed to be readily accessible to the general public and consequently should not be considered private or confidential. Notice is hereby given that all messages entered into the Web Site can and may be read by the operators of the Web Site, whether or not they are the intended recipient(s), and may be subject to disclosure to applicable governmental authorities in accordance with applicable law.

g. The Company may, at the Company's sole discretion, suspend or terminate the posting, and/or Web Site use rights of any user that violates any of the terms and conditions pertaining to use of chat rooms, message boards or online forums or any other terms and conditions of use of the Web Site, or for any other behavior that Company in its sole discretion deems is inappropriate.

h. The Company is not responsible for any material appearing in any chat room, message board or online forum on the Web Site. The Company is not responsible for screening material posted by users for libel, obscenity, invasion of privacy, copyright or trademark infringement, accuracy, or for any other reason. If you believe that your copyright has been infringed by a user of the Web Site or TAF Services, please contact us immediately to report the violation by clicking here or by faxing (626) 298-6760.

i. The Company shall at all times retain the right to modify or remove messages or other material that the Company, in the Company's sole discretion, considers to be infringing, offensive, abusive, defamatory, obscene, outdated, or otherwise unacceptable. The Company also reserves the right to edit materials for any other reason. You hereby agree that whether or not the Company or its agents modify or remove any such material, persons submitting materials to the Company for publication or otherwise using any chat room, message board or online forum on the Web Site, shall at all times remain solely responsible for the content of their submissions, messages and postings.

5. No Personal Advice. You hereby acknowledge and agree that all the information presented in, at, through or in association with the Web Site, including, but not limited to, information contained in favor listings, message boards, chat rooms and online forums is for educational or entertainment purposes only. You should not rely on any information presented before consultation with a qualified professional such as a personal physician, accountant, attorney, or licensed contractor. Nothing presented in, at, through or in association with the Web Site is intended to be or should be interpreted to be medical, legal, or other professional advice of any kind. The information contained in, at, through or in association with the Web Site, cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, financial, medical, or legal matters. In particular, you should regularly consult a doctor in all matters relating to physical or mental health, particularly concerning any symptoms that may require diagnosis or medical attention. Neither the Company nor any advertiser, contributor or other party associated with the Company make any representations or warranties concerning any treatment, action, or application of medication or preparation by any person following the information offered or provided within or through the Web Site. Neither the Company nor our advertisers, affiliates, or any of their affiliates, will be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to economic loss, injury, illness or death.

6. No Warranties; No Liability For Third Party Products, Services, Data or Other Information, Other Limitations on Company's Liability. As a material term of this Agreement, and of continued authorization to use the Web Site, information and services available in, at, through or in association with, the Web Site, you expressly acknowledge and agree to all the following:

a. The Company, its agents, assigns and successors do not warrant, guarantee, or insure the quality or efficacy of any product, method, or service requested from or provided by any user, advertiser, vendor, or other content contributor, Third Party Program Participant or any other third party not under the direct control and supervision of the Company, and no representations of quality or fitness for use have been made by the Company or its agents, assigns or successors with respect to the Web Site or any goods, services, methods, or information available on, in, at, through or in association with, the Web Site.

b. The Company, its agents, assigns and successors do not endorse the contents of any favor listings, advertisements, opinions, claims, representations or other communications by any third party not under the Company's direct control and supervision.

c. The Company, its agents, assigns and successors are not responsible for any materials, including, without limitation, any text, graphics, video, advertisements, promotions, offers, opinions, studies, stories, or any other materials displayed in, at, on or through the Web Site, email, printed material or other communications of Third Party Program Participants or any other third party not under the direct control and supervision of the Company.

d. You expressly agree that the Company shall not be responsible or liable for any delays, lack of goods or services availability, or other failure to deliver goods or services attributable in whole or in part to any third party, or to circumstances not directly and completely under the Company's control.

e. YOU HEREBY AGREE THAT THE MATERIALS AVAILABLE IN, ON, AT THROUGH OR IN ASSOCIATION WITH, THE WEB SITE, AND ALL SERVICES PROVIDED TO YOU BY COMPANY, THIRD PARTY PROGRAM PARTICIPANTS OR ANY OTHER THIRD PARTY ASSOCIATED WITH THE COMPANY, ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES REGARDING THE AVAILABILITY, ACCURACY, OR CONTENT OF MATERIALS, INFORMATION, PRODUCTS OR SERVICES, AND THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY, ITS AGENTS, ASSIGNS AND SUCCESSORS EXPRESSLY DISCLAIM ALL SUCH WARRANTIES. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF ALL GOODS AND SERVICES AND OTHER MATERIALS PROVIDED BY COMPANY, THIRD PARTY PROGRAM PARTICIPANTS AND ALL OTHER THIRD PARTIES PROVIDING GOODS, SERVICES AND/OR OTHER MATERIALS IN, ON, AT, THROUGH OR IN ASSOCIATION WITH, THE WEB SITE, OR WITH THE COMPANY, IS BORNE EXCLUSIVELY BY YOU. SHOULD THE MATERIAL, OR ANY OTHER SERVICE PROVIDED BY COMPANY, THIRD PARTY PROGRAM PARTICIPANTS OR ANY OTHER THIRD PARTIES, PROVE DEFECTIVE AND/OR CAUSE ANY DAMAGE TO YOUR COMPUTER OR YOU, YOU, AND NOT COMPANY, ASSUME THE ENTIRE COST AND ALL DAMAGES WHICH MAY RESULT DIRECTLY AND INDIRECTLY FROM ANY AND ALL SUCH DEFECTS. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE AGREEMENT.

f. THE COMPANY SHALL NOT BE LIABLE FOR DAMAGES RESULTING FROM DISSEMINATING, FAILING TO DISSEMINATE, OR INCORRECTLY OR INACCURATELY DISSEMINATING ANY INFORMATION, LISTINGS, DATA, ADVERTISEMENTS, PROMOTIONS, OPINIONS, REVIEWS, STORIES, PHOTOGRAPHS, VIDEO, AUDIO OR OTHER COMMUNICATIONS OR MATERIALS ON, IN, AT OR THROUGH THE WEB SITE OR BY, OR IN ASSOCIATIONS WITH ANY ADVERTISER, VENDOR, THIRD PARTY PROGRAM PARTICIPANT, STORY CONTRIBUTOR OR ANY OTHER THIRD PARTY.

g. THE TOTAL LIABILITY OF COMPANY, INCLUDING, WITHOUT LIMITATION, ANY LIABILITY DUE TO FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION, TRANSMISSION, FULFILLMENT OR DELIVERY, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF, RECORDS, DATABASES, INFORMATION, INCLUDING PERSONAL INFORMATION, WHETHER FOR BREACH OF CONTRACT, COMMISSION ONE OR MORE ACTS OF NEGLIGENCE, RECKLESSNESS OR ANY OTHER TORT OR ANY OTHER CAUSE OF ACTION ATTRIBUTABLE TO COMPANY, ITS EMPLOYEES, CONTRACTORS OR AGENTS, OR ANY OTHER PARTY DIRECTLY OR INDIRECTLY ASSOCIATED WITH THE COMPANY, INCLUDING ANY ADVERTISER, VENDOR, REVIEW, STORY, PHOTOGRAPH OR OTHER CONTENT SUBMITTER, INFORMATION PROVIDER, CONTRIBUTOR, REPORTER, THIRD PARTY PROGRAM PROVIDER OR ANY OTHER THIRD PARTY, SHALL BE STRICTLY LIMITED TO FIFTY DOLLARS ($50.00).

h. SOME STATES DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY OR FOR EXCLUSIONS OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME PARTS OF THE DISCLAIMERS, LIMITATIONS AND EXCLUSIONS SET FORTH IN THIS AGREEMENT MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE OR BY JURISDICTION. UNDER NO CIRCUMSTANCES, AND UNDER NO CAUSE OF ACTION OR LEGAL THEORY, SHALL THE COMPANY, ITS SUPPLIERS, LICENSEES, RESELLERS, SUCCESSORS, ANY THIRD PARTY PROGRAM PARTICIPANTS OR ANY OTHER THIRD PARTIES PROVIDING GOODS AND/OR SERVICES IN, ON, AT, THROUGH, OR IN ASSOCIATION WITH, THE WEB SITE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES RESULTING FROM ANY USE OF MATERIALS OR OTHER USE OF THE WEB SITE.

7. Newsletters and Email. By accepting any offer in, at, through or in associations with the Web Site, or by registering with, or accepting any offer by, any Third Party Program Participant, you are also "opting-in", i.e., agreeing, to receive email newsletters, and other commercial, transactional and relationship email (as those terms are defined in the CANSPAM Act of 2003) from the Company, any and all Third Party Program Participants, and our, and their, respective, agents, affiliates, licensees, contractors, assigns, and successors in interest. If you do not want to receive such email messages, you may opt-out at any time, by following the directions in the email message sent to you, or by logging in to the Web Site and adjusting your account settings. Please be advised that it may take up to ninety-six hours to process your opt-out request. You agree that the Company, Third Party Program Participants, and our, and their, respective agents, contractors, etc., shall not be responsible for any continuing receipt of email during the aforesaid processing period or for any malfunctions in the processing or lack of processing of your request beyond the control of the Company, Third Party Program Participants or their agents, contractors, assigns, successors in interest, etc.

You also warrant that you will not register any email address that you have provided to the Company with any "do not email" registry, nor will you take any action that would cause the Company to be liable for any reason for emailing messages to you, unless before you take any such action you notify the Company and properly request removal from the Company's email list. You agree that failure to comply with the requirements of this paragraph shall subject you to ten thousand dollars ($10,000) in liquidated damages for each claim that is brought against the Company by any party with respect to each alleged violation of any "do not email" registry and each other claim involving Company's sending email to you.

8. Termination of, or Changes to, Offers, Programs, Promotions, Memberships, Subscriptions and Right To Access Web Site and Related Services. All memberships, subscriptions, offers, programs, promotions, rights to access the Web Site and services provided in, at, through or in association with the Web Site may be terminated at any time, and without cause, by either Company, any Third Party Program Provider of the relevant offer or other service, subject to the cancellation policy and procedures set forth in this Agreement, on the Web Site and in email communications to you. Your liability for charges with Third Party Program Providers, Company or any related party incurred during membership or subscription term, or for which you have agreed, shall continue after termination, regardless of the reason for termination. Company, at its sole discretion, and for any reason, or no reason, may terminate any membership, subscription or other services provided to you, and may terminate any and all authorization to access the Web Site, in whole or in part, without prior notice for any reason the Company deems appropriate, including, without limitation, for any violation of any provision of this Agreement, any action by you, or any party associated with you, that the Company deems to be contrary or damaging to the business interests or reputation of the Company, the Web Site or any Third Party Program Participant, any activity that the Company deems to be circumvention or aiding or promoting the circumvention of the rules or proper operation of any service provided in, at, on, through or in association with the Web Site, account inactivity, or any activity that the Company deems to be potentially or actually illegal or improper, including any activity involving what the Company determines to be the unlawful or improper sending of email or other improper communications.

9. General Limitations Regarding The Use of the Web Site.

a. You must be over the age of eighteen years of age to participate in any offers, offered on, in, at, through or in association with, the Web Site, including submission of any favor listing for publication on the Web Site.

b. You must be a legal resident of the United States physically located in the United States, or a legal resident of a country in which you are entitled to lawfully use the Web Site as contemplated by this Agreement.

c. You must read and agree with these Terms and Conditions and our Privacy Policy.

d. You must either own all computers you use to access the Web Site or goods and services offered on, in, at, through or in association with the Web Site, or you must have express permission to use such computers at all times you do so.

e. You represent and warrant that all information supplied to the Company, its agents, and all Third Party Program Participants, including your name and email address, is accurate. You acknowledge and agree to provide to the Company and/or Third Party Program Participants, upon request, verification of information submitted by you.

f. You agree that your use of the Web Site, and use of all services provided on, in, at, through or in association with, the Web Site, will, at all times, be for personal purposes only. You further agree that you will not list any favor on, in, at, through or in association with the Web Site that you do not intend to deliver personally.

g. You agree that you shall not use the Web Site on behalf of any other person or entity. You further agree not to use the Web Site or any services related thereto to conduct any non-personal or commercial competitive analysis of services or products offered in, on, at, through or in association with the Web Site.

h. You may not assign any benefits or rights you obtain from the Company or any Third Party Program Participant, this Agreement, or any rights or obligations hereunder, to any third party without the prior express written approval of the Company or the relevant Third Party Program Participant. The Company may freely assign this Agreement and any and all rights and obligations hereunder, as well as any other rights or obligations owed to you, to any third party without your approval or notice to you.

i. You shall be solely responsible for the payment of all taxes, if any, associated with your receipt of goods and/or services provided to you by third parties through use of the Web Site, including Third Party Program Participants. You are also responsible for complying with all applicable laws, rules, regulations and customs.

j. You acknowledge that all services offered and provided in, at, through and in association with the Web Site are authorized, offered and intended to be provided, only in the United States and in countries where use of the Web Site is not prohibited.

k. All offers and use of the Web Site and materials available in, at, through or in association with the Web Site are void where prohibited by law, regulation, rule or custom.

l. All offers made on, in, at, through or in association with the Web Site are subject to change. The Company, advertisers, promoters, vendors, content providers and all Third Party Program Participants expressly reserve the right to change the requirements to qualify for, and/or receive, any product, service or promotion at any time.

m. Password Security. You are responsible for providing all personal computer and communications equipment necessary to gain access to the Web Site. Access to and use of certain parts of the Web Site or online areas provided by one or more Third Party Program Participants may be through the use of a password. Any and all passwords and accounts you use at, in, on, or in association with the Web Site and/or goods and services related thereto, are personal to you and are not transferable. You must keep your password strictly confidential and you agree that if you share any such password, unique login name or any other online security information with another person, you agree that your access to the Web Site and all related services are subject to immediate termination without notice or reimbursement of any kind. You may not use anyone else's passwords or accounts. Any sharing of passwords or any other methods of unauthorized access to the Web Site with any other person is strictly forbidden. Any such password sharing exceeds the authority granted to you to access the Web Site, materials contained therein, services offered, and any offers made. Further, such unauthorized access of the Web Site and/or other related databases, violates the intellectual property rights of the Company, and may violate civil and criminal laws, including the Stored Communications Act. You acknowledge and agree that neither the Company nor Third Party Program Participants or any other third party issuing you any password or account associated with your use of the Web Site or good or services available in, at, on or through the Web Site, will be liable for losses that are incurred through the use of your password or account by a third party or the disclosure of any of your passwords or account information.

n. The Company and every Third Party Program Participant shall, at all times, reserve the right, to the fullest extent accorded by law, to refuse to accept requests for memberships and subscriptions, requests for goods, requests for services, and to terminate any and all memberships, subscriptions, offers, services and obligations with you and any and all other persons, for any reason or no reason.

o. To participate in any offer by the Company or any Third Party Program Participant, You may not be in breach of this or any other agreement with the Company or any Third Party Program Participant.

p. You shall not engage in any activity that could damage the Company's hardware or software or that of any Third Party Program Participant, member, subscriber, visitor, offeree, or other user of the Web Site or user of any services offered by the Company or any Third Party Program Participant. You shall not tamper, hack, spoof, copy, modify, or otherwise corrupt the administration, security, or proper function of any part of the Web Site or any service related thereto. You shall not use any automated, "robot", "bot", spider, script or any other similar device or other contrivance in direct or in direct association with your use of the Web Site or use or acquisition of any goods or services provided in, on, at, through or in association with, the Web Site. You shall not engage in any activity that could potentially disrupt the functioning of the Web Site or any service provided in, on, at, through or in association with, the Web Site.

q. You are not authorized to access or use the Web Site in any manner, or make any exchange or purchase of any goods or services on, in, at, through or in association with, the Web Site, where such access and/or use of the Web Site or such exchange or purchase of goods or services are prohibited by any law, rule or custom. You agree not to use the Web Site in any way, at any time, in any manner that is prohibited by any law, rule or custom or in any manner that violates or infringes any rights of any person or entity, including, without limitation, any person's privacy rights, property rights, including intellectual property rights, such as copyrights, moral rights, trademark rights, service mark rights, rights of publicity, patent rights or trade secret rights, contract rights, civil rights or future-created rights.

r. Discovery of any suspected or actual fraudulent or other illegal activity, or any activity the Company or any Third Party Program Participant deems improper, engaged in by you and/or another party in direct or indirect association with you, shall entitle the Company to immediately terminate any and all services and all other obligations to you. All suspected fraudulent and criminal activity may be immediately reported to appropriate governmental authorities.

s. Violation of any provision of this Agreement or any other rule or regulation posted by the Company or any Third Party Program Participant may result in termination of all rights to all services provided by the Company and/or Third Party Program Participants, including the termination of memberships, subscriptions, accounts, passwords, Web Site access, and loss of all accrued points, credits and other benefits.

t. Any determination made by Company or any Third Party Program Participant relating to your breach of this Agreement, violation of posted rules or regulations, or inappropriate conduct shall be final and binding.

10. Restricted Use of Materials. The contents of the Web Site are protected by copyright and trademark laws and are the property of the owners. You may only access the materials located on the Web Site for you personal use. Subject to the terms of this Agreement, you may only download one copy of posted materials on a single computer for personal, noncommercial home use, provided that you do not change or delete any author attribution, trademark or copyright notice. You acknowledge and agree that by downloading material from the Web Site you do not acquire any copyright or other ownership rights in such material. You may not copy, modify, adapt, publish, perform, transmit or exploit any materials available in, on or at the Web Site without prior written consent from the Company. "Trade A Favor™" and "Life Is More Than Cash™" are trademarks owned by the Company. No use of this mark shall be permitted except through the prior written authorization and permission of Company. You also acknowledge and agree that all other trademarks, service marks, material subject to copyrights, trade secrets, and all patentable processes, machines and articles of manufacture available or otherwise used in, on, at and in association with the Web Site and goods and services related thereto, are valuable intellectual property owned by their respective owners. You agree not to make any use of any such intellectual property, except as authorized by the respective owner(s). All rights are expressly reserved.

11. Referral Programs. The Company and/or Third Party Program Participants may invite you to participate in one or more referral, sales or affiliate marketing programs through which you may receive benefits for referring persons to the Web Site or to goods or services offered or provided on, in, at, through or in association with the Web Site ("Referral Programs"). If you elect to participate in a Referral Program, you agree to comply with all the terms and conditions associated with the Referral Program, including, without limitation, all laws, rules, regulations and customs pertaining thereto, including, without limitation, all applicable laws related to multi-level marketing programs, seller assisted marketing plans and similar regulations, and you also agree that all your activities associated with your participation in each Referral Program shall not, at any time, violate any rights, including without limitation, any intellectual property rights or other property rights, any privacy rights or any contract rights, of any persons or entities. For example, if you elect to participate in a Referral Program, you may not use unsolicited email, USENET, or message board postings, or other "SPAM", or similar means, to generate referrals, prospects, traffic or interest. Please note, the sending of unsolicited email is regulated by federal, state and foreign governments. One example of such law is the CAN SPAM Act. Penalties for violation of such laws can be severe. You acknowledge and agree that you will at all times comply with all federal state and foreign laws regarding unsolicited email including, without limitation, the CAN SPAM Act. The Company reserves the right to immediately terminate your participation in any or all of its Referral Programs if the Company, in its sole discretion, determines that you or one or more persons affiliated with you are engaging in the use of SPAM. In such cases, the Company shall be relieved of any obligation to provide you or any party affiliated with you with any benefits otherwise due for participating in one or more of the Company's Referral Programs. All such decisions by the Company are final. If you engage in any marketing activities as a part of your participation in a Referral Program, You agree not to make any misrepresentations to any person regarding the Web Site, goods or services offered, available or provided in, on, at, through or in association with the Web Site or any Third Party Program Participant, or regarding compensation or potential compensation relating to your participation in a Referral Program. All offers to participate in a Referral Program are void where prohibited by law. The Company does not, at any time, represent that you will make any particular amount of money, or any money at all, participating in any Referral Program, or that there is any particular market, or any market at all for any goods or services that are the subject of any Referral Program. You acknowledge that Internet marketing or any referral-based compensation system comprises a risky venture and that success is due solely to your efforts, management skills, and other business and entrepreneurial skills.

12. No Partnership or Joint Venture; No Employment Relationship. It is not the intention of the Company or any Third Party Program Participant to create a partnership or joint venture of any kind. Nothing in this Agreement or in your use of the Web Site or any goods or services offered on, in, at, through or in association with, the Web Site, shall be construed to create a joint venture or partnership relationship between you and the Company or any other party. Your relationship to the Company and to any and all Third Party Program Participants, is one of an independent contractor and/or customer. You acknowledge and agree that no employer-employee or employee-employer relationships of any kind are created by your use of the Web Site or any goods or services offered on, in, at, through or in association with the Web Site.

13. Your Relationship With Third Party Program Providers and Other Merchants and Advertisers Associated With The Web Site. These terms and conditions only apply to your use of the Web Site and not to the web sites of any other companies, including, without limitation, the web sites of the Web Site's advertisers, vendors, Third Party Program Participants, information providers, resource web sites companies, search engine companies, Users and other private parties. Your relationships with all such third parties associated with the Web Site, or otherwise associated with the Company, including, without limitation, those relationships arising from your acceptance of offers, participation in promotions, contests, or other programs, are solely between you and such merchant or advertiser. You acknowledge and agree that the Company is not responsible for the availability of any web site linked to the Web Site. The Company does not endorse or take responsibility for the contents, advertising, claims, opinions, products or services made available at or through such web sites. Under no circumstances shall the Company be held responsible or liable, directly or indirectly for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, opinions, goods or services available on any other web site. You should direct any concerns to that site's administrator or webmaster. You hereby agree not to hold the Company, its agents, assigns and successors liable for any loss or damage of any kind resulting in any way from your relationship(s) with any of the Web Site's advertisers, promoters, vendors, contributors, Third Party Program Participants, or any other third party associated with the Web Site or otherwise associated with the Company.

14. Company Assignment. The Company may freely assign this Agreement and any and all rights and obligations hereunder, as well as any and all other rights, duties and obligations owed to you and/or any and all third parties, including, without limitation any and all rights and obligations pertaining to any and all offers and programs on, in, at, through or in association with the Web Site, including, without limitation, any and all of Web Site's programs, content and/or good will, to any third party without your approval or notice to you.

15. Notices. Notices from the Company or its agents, the Web Site or Third Party Program Provider to you and other visitors, members, subscribers and offerees, may be given by means of electronic messages, by general posting on the Web Site and by conventional mail. Communications from you to the Company shall be made using a method described on our feedback page unless otherwise specified in this Agreement or on the Web Site.

16. Entire Agreement. This Agreement contains the entire agreement between you and the Company regarding your use of the Web Site and all services directly offered by the Company, including, without limitation, your duties and obligations, and the Company's duties and obligations. This Agreement supersedes all prior written and oral understandings, writings, and representations and may only be amended upon notice by Company.

17. Venue and Jurisdiction, Choice of Law, Arbitration. This Agreement shall be governed by and construed under the laws of the State of California and the United States as applied to agreements between Nevada state residents entered into and to be performed within the State of California, except as governed by Federal law. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. Any disputes directly or indirectly arising under this Agreement, or the products or services offered or made directly or indirectly available on, in, at, through or in association with the Web Site or otherwise by the Company, which arise in any manner, shall be resolved by binding arbitration before a single arbiter using the Commercial Rules of the American Arbitration Association. Each and every claim or controversy shall be arbitrated on an individual and independent basis and shall not be consolidated with any claim or claims of any other party or parties. You hereby agree not to participate, in any manner, in any class action against the Company resulting directly or indirectly from your use of the Web Site or acquisition or use of any goods, services or benefits obtained on, in, at, through or in association with, the Web Site, including those provided by any and all Third Party Program Participants or any other party associated with the Web Site and/or the Company. You hereby waive and relinquish all such class action rights to the fullest extent possible by law.

18. Unenforceability of Provisions. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. Failure of the Company to enforce any provision shall not be deemed to be a waiver of any rights to enforce any provision.

19. Modification of the Agreement. The Company reserves the right, in its sole and absolute discretion, to revise, amend, modify or revoke this Agreement and the Privacy Policy at any time and in any manner. Changes to this Agreement and the Privacy Policy will be effective by posting revisions on the Web Site. In some circumstances you might be required to actively "accept" or "agree" to a new Terms and Conditions of Use Agreement and/or a new Privacy Policy, or to new or modified provisions thereof, in order to continue using the Web Site or services provided by the Company or Third Party Program Participants. Such assent or agreement to revisions to this Agreement or the Privacy Policy may be effectuated via an Opt-In or Opt-Out procedure (for an explanation of "Opt-In" and "Opt-Out" methods of providing contractual agreement, please see our Privacy Policy) or by use or continued use of the Web Site and/or any related service provided on, in, at, through or in association with, the Web Site after such modification is posted on the Web Site. You should therefore check to see if there are any modifications of this Agreement or our Privacy Policy each time you use the Web Site.

20. Contacting Us. You may contact us by clicking here.

21. Affirmation of Agreement. By any further use of the Web Site You hereby acknowledge and affirm that you have read and understand this entire agreement and that you AGREE to all its terms, conditions and other provisions. You also hereby acknowledge and affirm that you have read and understand our Privacy Policy. You agree that you shall be deemed to have affirmed and agreed to all the provisions of this agreement and all posted modifications thereof in its entirety by any means that may reasonably be interpreted as an act of affirmation, agreement, acceptance or acknowledgement of the foregoing, including, without limitation, use of the Web Site, by clicking any hyperlink that indicates that you accept these Terms and Conditions, or by not opting out of such agreement, for example by not un-checking or deactivating a checked box indicating that you accept these Terms and Conditions. You also agree that each time you access or otherwise use the Web Site and/or any services offered in, at, through or in association with the Web Site, you are agreeing to be bound by these Terms and Conditions and you are re-acknowledging and reaffirming this Agreement in its entirety, as well as our Privacy Policy, with respect to the latest form or version posted or otherwise effective contemporaneously with your subsequent access or use. You also agree that the aforesaid methods of affirmation, agreement, acceptance or acknowledgement shall be valid and binding with respect to any and all additional terms, conditions, limitations of liability or other agreement associated with any offer, program, promotion or sale of any goods or services on, in, at, through or in association with, the Web Site.