At TradesFactor, our members and what matters to them powers all of the decisions we make, including how we gather and respect your personal information.
We've crafted the policy below to be as clear and straightforward as possible. Our aim is for you our members to always feel informed and empowered with respect to your privacy on TradesFactor.
Last revised on June 1, 2016
We are a professional network for the skilled trades and a SaaS management tool for employers.
TradesFactor's mission is to connect skilled trades workers, the companies that employ them and the organizations that train them. Our registered users ("Members") share their professional identities, engage with their network, exchange knowledge and professional insights, post and view relevant content, and find career opportunities. Content on some of our services is also visible to unregistered viewers ("Visitors").
We protect your personal information using industry-standard safeguards.
Maintaining your trust is our top priority, so we adhere to the following principles to protect your privacy:
We protect your personal information and will only provide it to third parties: (1) with your consent; (2) where it is necessary to carry out your instructions; (3) as reasonably necessary in order to provide our features and functionality to you; (4) when we reasonably believe it is required by law, subpoena or other legal process; or (5) as necessary to enforce our User Agreement or protect the rights, property, or safety of TradesFactor, our Members and Visitors, and the public.
We have implemented appropriate security safeguards designed to protect your information in accordance with industry standards.
1. What information we collect
1.1. Data Controllers
We collect your personal information in the following ways:
When you create an account with us, we collect information (including your name, email address, and password).
1.3. Profile Information
We collect information when you fill out a profile. A complete TradesFactor profile that includes professional details like your job title, education, and skills helps you get found by other people for opportunities.
After you create an account, you may choose to provide additional information on your TradesFactor profile, such as descriptions of your skills, professional experience, and training background. Subject to the settings you choose, your connections may provide recommendations and endorsements of you. Providing additional information enables you to derive more benefit from our Services by helping you express your professional identity; find other professionals, opportunities, and information; and help recruiters and business opportunities find you.
1.4. Address Book and Other Services That Sync with TradesFactor
We collect information when you sync non-TradesFactor content � like your email address book, mobile device contacts, or calendar � with your account. You can remove your address book and any other synced information whenever you like.
You may use our address book or "contacts" importer (or other similar features) to upload your address book into our Services. We store this information (including phone numbers) and use it to help you manage and leverage your contacts in connection with our Services. We also use this information to enhance your experience with our Services by helping you to grow your network by: identifying your contacts that are already Members of our Services; providing a template to send invitations on your behalf to your contacts that are not Members; and suggesting people you may know (even if not in your contacts) but are not yet connected with you on our Services (as we may infer from your shared connections or shared managers, employers, educational institutions and other such factors). We may also use this information to show you and other Members that you share the same uploaded contacts who may or may not be Members.
Please note that when you send an invitation to connect to another individual on our Service (a "connection") or to join our Service to connect with you, that person may have access to your email address or, for SMS invitations, mobile number because it may be displayed in the invitation. After sending these invitations, we may also remind your invitees of your invitation on your behalf. Your TradesFactor connections will also have access to your email address.
We make other tools available to sync information with our Services, and may also develop additional features that allow Members to use their account in conjunction with other third-party services.
1.5. Customer Service
We collect information when you contact us for customer support.
1.6. Using the TradesFactor Sites and Applications
We collect information when you visit our Services, use our mobile applications, and interact with advertising on and off our Services.
We collect information when you use (whether as a Member or a Visitor) our websites, applications, our platform technology, or other Services. If you are logged in to our Service or one of our cookies on your device identifies you, your usage information and the log data described in Section 1.10 of this policy, such as your IP address, will be associated by us with your account. Even if you're not logged into a Service, we log information about devices used to access our Services, including IP address.
1.7. Using Third-Party Services and Visiting Third-Party Sites
We collect information when you use your account to sign in to other sites or services, and when you view web pages that include our plugins and cookies.
You allow us to receive information when you use your account to log in to a third-party website or application. Also, when you visit a third-party site that embeds our social plugins, we receive information that those pages have loaded in your web browser. If you are logged in as a Member when you visit sites with our plugins, we use this information to recommend tailored content to you. We will use this information to personalize the functionality we provide on third-party sites, including providing you insights from your professional network and allowing you to share information with your network. Our retention of this data is addressed in Section 3.2. We may provide reports containing aggregated impression information to companies hosting our plugins and similar technologies to help them measure traffic to their websites, but no personal data.
You also allow us to receive information about your visits and interaction with the sites and services of our partners that include our cookies and similar technologies, unless you opt out. If you are not a Member, we rely on the online terms between you and our partners.
1.9. Log Files, IP Addresses, and Information About Your Computer and Mobile Device
We collect information from the devices and networks that you use to access our Services.
When you visit or leave our Services (whether as a Member or Visitor) by clicking a hyperlink or when you view a third-party site that includes our plugin or cookies (or similar technology), we automatically receive the URL of the site from which you came or the one to which you are directed. Also, advertisers receive the URL of the page that you are on when you click an ad on or through our Services. We also receive the internet protocol ("IP") address of your computer or the proxy server that you use to access the web, your computer operating system details, your type of web browser, your mobile device (including your mobile device identifier provided by your mobile device operating system), your mobile operating system (if you are accessing TradesFactor using a mobile device), and the name of your ISP or your mobile carrier. We may also receive location data passed to us from third-party services or GPS-enabled devices that you have set up, which we use to show you local information on our mobile applications and for fraud prevention and security purposes. Most mobile devices allow you to prevent real time location data being sent to us, and of course we will honor your settings.
In the case of our Android apps, you will be provided notice of the types of data (e.g. location) that will be sent to us. If you choose to use our app after this notice, we process this data to enable registration or preview product features for you (e.g. jobs near you). If you choose not to become a Member, we will delete this information.
We are constantly innovating to improve our Services, which means we may create new ways to collect information on the Services.
2. How we use your personal information
2.1. Consent to TradesFactor Processing Information About You
2.2. TradesFactor Communications
We communicate with you using TradesFactor messaging, email, and other ways available to us. We may send you messages relating to the availability of the Services, security, or other service-related issues.
We communicate with you through email, notices posted on the TradesFactor websites or apps, messages to your TradesFactor inbox, and other means available through the Services, including mobile text messages and push notifications. Examples of these communications include: (1) welcome and engagement communications - informing you about how to best use our Services, new features, updates about other Members you are connected to and their actions, etc.; (2) service communications - these will cover service availability, security, and other issues about the functioning of our Services; (3) promotional communications that may contain promotional information directly or on behalf of our partners, including job opportunities and information from companies that are hiring. These messages will be sent to you based on your profile information and messaging preferences. You may change your email and contact preferences at any time by signing into your account and changing the preferences.
Please be aware that you cannot opt out of receiving service messages from us.
2.3. User Communications
With certain communications you send on our Services, the recipient can see your name, email address, and some network information.
Many communications that you initiate through our Services (for example, an invitation sent to a non-Member) will list your name and primary email address in the header of the message. Messages you initiate may also provide the recipient with aggregate information about your network (for example, how many people are in your network). Other communications that you initiate through the Services, like a request for an introduction, will list your name as the initiator but will not include your personal email address contact information. Once you have connected with an individual, regardless of who sent the invitation, your contact information will be shared with that individual.
We use automatic scanning technology to help protect you and other Members. Such technology checks links and other content in your messages, network updates and Group contributions to help us identify and block malicious links and malware, reduce spam and optimize the delivery of our Services.
2.4. Service Development; Customized Experience
We use the information and content you provide to us to conduct research and development and to customize your experience and try to make it relevant and useful to you.
We use information and content that you and other Members provide to us to conduct research and development for the improvement of our Services in order to provide you and other Members and Visitors with a better, more intuitive experience and drive membership growth and engagement on our Services and to help connect professionals to economic opportunity.
We also customize your experience and the experiences of others on our Services. For example, when you sign in to your account, we may display the names and photos of new Members who have recently joined your network or recent updates from your connections and companies you follow. We try to show you content, such as news and presentations, that is relevant to you, your industry, or your profession. We also use Members information and content for invitations and communications promoting our Services that are tailored to the recipient.
2.5. Sharing Information with Affiliates
We share your information across our different Services, among companies in the TradesFactor family.
We may share your personal information with our affiliates (meaning entities controlled by, controlling or under common control with TradesFactor) outside of the TradesFactor entity that is your data controller as reasonably necessary to provide the Services. You are consenting to this sharing.
2.6. Sharing Information with Third Parties
Any information you put on your profile and any content you post on TradesFactor may be seen by others.
We don't provide any of your non-public information (like your email address) to third parties without your consent, unless required by law, or as described in Sections 2.6 and 2.14 of this Policy.
Other people may find your TradesFactor profile information through search engines (you can choose which parts of your public profile are accessible to public search engines in your settings), or use services like Twitter in conjunction with your TradesFactor account.
We offer a "public profile" feature that allows you as a Member to publish portions of your professional profile to the public Internet. This public profile will be indexed and displayed through public search engines when someone searches for your name. You may choose the parts of your profile that search engines index or completely opt out of this feature in your TradesFactor account settings. However, third-party search engines may not automatically update their caches, which may contain old public profile information. Unless you delete them, your profiles on TradesFactor.com and our corresponding app are always viewable on the respective Services.
The visibility of your professional profile to other Members depends on your degree of connection with the viewing Member, the subscriptions they may have, their usage of the Services, access channels and search types (e.g. by name or by keyword).
We support middleware providers that offer archiving solutions to firms subject to legal and regulatory archiving requirements, which, with your permission, facilitate the archiving of your communications and other activity by a third party for compliance purposes. Content distributed through our sharing features and third-party integrations may result in displaying some of your personal information outside of our Services.
Also, if you have opted to bind any of your Service accounts to your Twitter, Facebook or other similar account, you can easily share content from our Services to these third party services, in accordance with your account settings (which you may change at any time) and respective policies of these third parties. Further, we allow third parties to look-up profile information (subject to your privacy settings) using your email address or first and last name information through its profile API (see Section 2.7. below).
2.7. Third Parties Using TradesFactor Platform Services
We work with developers to build Platform Applications using our developer tools. Whether you use Platform Applications is up to you.
If you have given a Platform Application access to your TradesFactor account, you can revoke that permission anytime. Also, you can opt out of providing information to developers through your connections.
We collaborate with and allow third parties to use our developer platform to offer services and functionality in conjunction with our Services. These third-party developers have either negotiated an agreement to use our platform technology or have agreed to our self-service API and Plugin terms in order to build applications ("Platform Applications"). Both the negotiated agreements and our API and Plugin terms contain restrictions on how third parties may access, store, and use the personal information you provide to us.
2.8. Polls and Surveys
We conduct our own surveys and polls and also help third parties do this type of research. Your participation in surveys or polls is up to you. You may also opt out of getting invitations to participate in surveys.
Polls and Surveys may be conducted by us, Members, or third parties. Your consent to use any personal information for the purposes set forth in the poll or survey will be explicitly requested by the party conducting it. You may opt out of participating in surveys by changing your settings to stop receiving these inquiries and requests.
Our Services help you search for other professionals, companies, groups, professional content, and jobs.
You can search for Members, employment opportunities, information about companies, and community content from Groups on our Services. We use personal information from our Services, including Member profiles, Groups content, and Company Pages, to inform and refine our search service.
You are responsible for any information you post on our Services, and this content will be accessible to others.
If you participate in Groups, share content on your network update stream, or import a blog or other content, you should be aware that any information you choose to disclose using these services can be read, collected, and used by other Members in these forums, developers, and other third parties. We are not responsible for the information you choose to submit in these forums. Your Groups contributions are typically searchable on our Services and some content in Groups may be public and searchable on the Internet if the group owner has not closed the group for public discussions. You can identify closed groups by the padlock icon next to the group name. You can remove your Groups posts at any time. However, others may have copied and used the information that you shared.
2.11. Talent Recruiting and Marketing Solutions
We offer a premium service to companies which can be used to search for, organize, and communicate with potential candidates or offer business opportunities. In some cases we allow the export of public profile information. You can control how your information is exported by changing which parts of your public profile are accessible to search engines.
We offer customized people-search functionality along with organizational and communications tools as part of our talent recruiting and marketing solutions. These services allow subscribers - generally, enterprises and professional organizations - to export information from Members' public profiles, in order to effectively manage candidate sourcing or manage as an employer. You may limit or prevent such subscribers from exporting your profile information by configuring your public profile visibility settings to restrict access to these fields. We do not provide email or other contact information to these subscribers. However, if you post that information as part of your profile it will be available to them and others. A recruiter or other such subscriber may also manage and store information it has independently obtained about you outside of our Services, such as a resume, in connection with our platform. Any personal information obtained independently of our Services will not be added by us to your profile and is not under our control but is subject to the policies of our recruiting and marketing solution subscriber. We store such information on behalf of such subscriber who can remove it at any time.
2.12. Pages for Companies, Schools, and Other Entities
Companies and other entities can create pages on our Services. If you follow one of these pages, non-identifiable information about you will be provided to the page's administrators.
Certain pages on the Services are public (e.g., company and school pages), and any communications or information shared through them will be accessible by the entity that created them. If you follow a person or organization, you will be listed among its followers, which can be viewed by others including the page owner. We use aggregate information about followers and viewers to provide data about such pages' performance (for example, visits and updates).
2.13. Compliance with Legal Process and Other Disclosures
We may disclose your personal information if compelled by law, subpoena, or other legal process, or if necessary to enforce our User Agreement.
It is possible that we may need to disclose personal information, profile information, or information about your activities as a Member or Visitor when required by law, subpoena, or other legal process, whether in the United States or other jurisdictions, or if we have a good faith belief that disclosure is reasonably necessary to (1) investigate, prevent, or take action regarding suspected or actual illegal activities or to assist government enforcement agencies; (2) enforce the User Agreement, investigate and defend ourselves against any third-party claims or allegations, or protect the security or integrity of our Service; or (3) exercise or protect the rights, property, or safety of TradesFactor, our Members, personnel, or others. We attempt to notify Members about legal demands for their personal information when appropriate in our judgment, unless prohibited by law or court order or when the request is an emergency. In light of our principles, we may dispute such demands when we believe, in our discretion, that the requests are overbroad, vague or lack proper authority, but do not commit to challenge every demand. To find out more about how we engage with government requests for data see our Law Enforcement Data Request Guidelines.
2.14. Disclosures to Others as the Result of a Change in Control or Sale of TradesFactor Incorporated
2.15. Service Providers
We may employ third parties to help us with the Services
We may employ third party companies and individuals to facilitate our Services (e.g. maintenance, analysis, audit, marketing and development). These third parties have limited access to your information only to perform these tasks on our behalf and are obligated to TradesFactor not to disclose or use it for other purposes.
2.16 Data Processing Outside Your Country
We may process your information outside the country where you live.
We may transfer your information and process it outside your country of residence, wherever TradesFactor, its affiliates and service providers operate.
3. Your Choices & Obligations
3.1. Rights to Access, Correct, or Delete Your Information, and Closing Your Account
You can change your TradesFactor information at any time by editing your profile, deleting content that you have posted, or by closing your account. You can also ask us for additional information we may have about your account.
You have a right to (1) access, modify, correct, or delete your personal information controlled by TradesFactor regarding your profile, (2) change or remove your content, and (3) close your account. You can request your personal information that is not viewable on your profile or readily accessible to you through TradesFactor's Help Center. If you close your account(s) your information will generally be removed from the Service within 24 hours. We generally delete closed account information and will de-personalize any logs or other backup information through the deletion process within 30 days of account closure, except as noted below.
Please note: Information you have shared with others or that others have copied may also remain visible after you have closed your account or deleted the information from your own profile. Groups content associated with closed accounts will show an unknown user as the source. In addition, you may not be able to access, correct, or eliminate any information about you that other Members copied or exported out of our Services, because this information may not be in our control. Your public profile may be displayed in search engine results until the search engine refreshes its cache.
3.2. Data Retention
We keep your information for as long as your account is active or as needed. For example, we may keep certain information even after you close your account if it is necessary to comply with our legal obligations, meet regulatory requirements, resolve disputes, prevent fraud and abuse, or enforce this agreement.
4. Important Information
4.1. Minimum Age
You have to meet TradesFactor's minimum age requirements to create an account.
As described in Section 2.1 of the User Agreement, persons must be of Minimum Age to use TradesFactor.
4.3. California's Shine the Light Law
We don't share any of your personal information with third parties for direct marketing.
California Civil Code Section 1798.83, known as the "Shine The Light" law, permits our customers who are California residents to request and obtain from us a list of what personal information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year and the names and addresses of those third parties. Requests may be made only once a year and are free of charge. Under Section 1798.83, we currently do not share any personal information with third parties for their direct marketing purposes.
We take privacy and security seriously and have enabled HTTPS access to our site in addition to existing SSL access over mobile devices. Also, please know that the Internet is not a secure environment, so be careful and select strong passwords.
We have implemented security safeguards designed to protect the personal information that you provide in accordance with industry standards. Access to your data on our Services is password-protected, and data such as credit card information is protected by SSL encryption when it is exchanged between your web browser and the Services. We also offer secure https access to the TradesFactor.com website. To protect any data you store on our servers, we also regularly monitor our system for possible vulnerabilities and attacks, and we use a tier-one secured-access data center. However, since the Internet is not a 100% secure environment, we cannot ensure or warrant the security of any information that you transmit to us. There is no guarantee that information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. It is your responsibility to protect the security of your login information. Please note that emails, instant messaging, and similar means of communication with other Members are not encrypted, and we strongly advise you not to communicate any confidential information through these means. Please help keep your account safe by using a strong password.
How To Contact Us
9051 Florida Mining Blvd
Tampa, FL 33634
Terms of Service
Welcome, and thank you for using TradesFactor services and apps. When you use our products and services, youre agreeing to our terms, so please take a few minutes to read over the User Agreement below.
Note: You are entering into a legally binding agreement.
Last revised on June 1, 2016
We are a professional network for skilled trades workers and a Software-as-a-Service (SaaS) platform for employers.
Our mission at TradesFactor is to connect skilled trades workers, the companies that hire them and the organizations that train them. Employers will have the ability to go beyond finding the talent they need, with customized reporting tools to better manage their workforce.
When you use any of our Services, you are entering into a legal agreement and you agree to all of these terms.
You agree that by clicking "Join Now" "Join TradesFactor", "Sign Up" or similar, registering, accessing or using our services (including TradesFactor, our related mobile apps, developer platforms, premium services, or any content or information provided as part of these services, collectively, "Services"), you are entering into a legally binding agreement (even if you are using our Services on behalf of a company). If you reside in the United States or outside, your agreement is with TradesFactor Incorporated.
Registered users of our Services are "Members" and unregistered users are "Visitors". This Agreement applies to both.
2.1. Service Eligibility
Here are some promises you make to us in this Agreement:
You're eligible to enter into this Agreement and you are at least our "Minimum Age."
To use the Services, you agree that: (1) you must be the "Minimum Age" (defined below) or older; (2) you will only have one TradesFactor account, which must be in your real name; and (3) you are not already restricted by TradesFactor from using the Services.
" Minimum Age" means (a) 18 years old for the People's Republic of China, (b) 16 years old for the Netherlands, (c) 14 years old for the United States, Canada, Germany, Spain, Australia and South Korea, and (d) 13 years old for all other countries. However, if law requires that you must be older in order for TradesFactor to lawfully provide the Services to you (including the collection, storage and use of your information) then the Minimum Age is such older age. The Services are not for use by anyone under the age of 13.
2.2. Your Membership
You'll keep your password a secret.
You will not share an account with anyone else and will follow our rules and the law.
As between you and others, your account belongs to you. You agree to: (1) try to choose a strong and secure password; (2) keep your password secure and confidential; (3) not transfer any part of your account and (4) follow the law and the Dos and Don'ts below. You are responsible for anything that happens through your account unless you close it or report misuse.
Note that for Premium Services purchased by another party for you to use (e.g. company profile bought by your employer), the party paying for the Premium Service controls such an account (which is different from your personal account) and may terminate your access to it.
You'll honor your payment obligations and you are okay with us storing your payment information. Also, there may be fees and taxes that are added to our prices.
We don't guarantee refunds.
If you purchase any of our paid Services ("Premium Services"), you agree to pay us the applicable fees and taxes. Failure to pay these fees may result in the termination of your subscription. Also:
Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates).
You authorize us to store and continue billing your payment method (e.g. credit card) even after it has expired, to avoid interruptions in your service (e.g. subscriptions) and to facilitate easy payment for new services.
You must pay us for applicable fees and taxes unless you cancel the Premium Service, in which case you agree to still pay these fees through the end of the applicable subscription period.
Taxes are calculated based on the billing information that you provide us at the time of purchase.
For TradesFactor, you can request your invoice through Customer Support.
2.4. Notices and Service Messages
You're okay with us using our websites, mobile apps, and email to provide you with important notices. This Agreement applies to mobile applications as well. Also, you agree certain additional information can be shared with us.
If the contact information you provide isn't up to date, you may miss out on these notices.
You agree that we may provide notices to you in the following ways: (1) a banner notice on the Service, or (2) an email sent to an address you provided, or (3) through other means including mobile number, telephone, or mail. You agree to keep your contact information up to date.
2.5. Messages and Sharing
When you share information, others can see, copy and use that information.
Our Services allow messaging and sharing of information in many ways, such as your profile, links to news articles, job postings, and blogs. Information and content that you share or post may be seen by other Members or, if public, by Visitors. Where we have made settings available, we will honor the choices you make about who can see content or information.
We are not obligated to publish any information or content on our Service and can remove it in our sole discretion, with or without notice.
3. Rights and Limits
3.1. Your License to TradesFactor
You own all of the content, feedback, and personal information you provide to us, but you also grant us a non-exclusive license to it.
We'll honor the choices you make about who gets to see your information and content.
You promise to only provide information and content that you have the right to share, and that your TradesFactor profile will be truthful.
As between you and TradesFactor, you own the content and information that you submit or post to the Services and you are only granting TradesFactor the following non-exclusive license: A worldwide, transferable and sublicensable right to use, copy, modify, distribute, publish, and process, information and content that you provide through our Services, without any further consent, notice and/or compensation to you or others. These rights are limited in the following ways:
You can end this license for specific content by deleting such content from the Services, or generally by closing your account, except (a) to the extent you shared it with others as part of the Service and they copied or stored it and (b) for the reasonable time it takes to remove from backup and other systems.
We will get your consent if we want to give others the right to publish your posts beyond the Service. However, other Members and/or Visitors may access and share your content and information, consistent with your settings and degree of connection with them.
While we may edit and make formatting changes to your content (such as translating it, modifying the size, layout or file type or removing metadata), we will not modify the meaning of your expression.
Because you own your content and information and we only have non-exclusive rights to it, you may choose to make it available to others, including under the terms of a Creative Commons license.
By submitting suggestions or other feedback regarding our Services to TradesFactor, you agree that TradesFactor can use and share (but does not have to) such feedback for any purpose without compensation to you.
You agree to only provide content or information if that does not violate the law nor anyone's rights (e.g., without violating any intellectual property rights or breaching a contract). You also agree that your profile information will be truthful. TradesFactor may be required by law to remove certain information or content in certain countries.
3.2. Service Availability
We may change or discontinue any of our Services. We can't promise to store or keep showing any information and content you've posted.
We may change, suspend or end any Service, or change and modify prices prospectively in our discretion. To the extent allowed under law, these changes may be effective upon notice provided to you.
TradesFactor is not a storage service. You agree that we have no obligation to store, maintain or provide you a copy of any content or information that you or others provide, except to the extent required by applicable law.
3.3. Other Content, Sites and apps
When you see or use others' content and information posted on our Services, it's at your own risk.
Third parties may offer their own products and services through TradesFactor, and we aren't responsible for those third-party activities.
By using the Services, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. TradesFactor generally does not review content provided by our Members. You agree that we are not responsible for third parties' (including other Members') content or information or for any damages as result of your use of or reliance on it.
You are responsible for deciding if you want to access or use third party apps or sites that link from our Services. If you allow a third party app or site to authenticate you or connect with your TradesFactor account, that app or site can access information on TradesFactor related to you and your connections. Third party apps and sites have their own legal terms and privacy policies, and you may be giving others permission to use your information in ways we would not. Except to the limited extent it may be required by applicable law, TradesFactor is not responsible for these other sites and apps -- use these at your own risk.
We have the right to limit how you connect and interact on our Services.
We're providing you notice about our intellectual property rights.
TradesFactor reserves the right to limit your use of the Services, including the number of your connections and your ability to contact other Members. TradesFactor reserves the right to restrict, suspend, or terminate your account if TradesFactor believes that you may be in breach of this Agreement or law or are misusing the Services (e.g. violating any Do and Don'ts).
TradesFactor reserves all of its intellectual property rights in the Services.
4. Disclaimer and Limit of Liability
4.1. No Warranty
This is our disclaimer of legal liability for the quality, safety, or reliability of our Services.
TO THE EXTENT ALLOWED UNDER LAW, TRADESFACTOR (AND THOSE THAT TRADESFACTOR WORKS WITH TO PROVIDE THE SERVICES) (A) DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS (E.G. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NONINFRINGEMENT); (B) DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS, AND (C) PROVIDE THE SERVICE (INCLUDING CONTENT AND INFORMATION) ON AN "AS IS" AND "AS AVAILABLE" BASIS.
SOME LAWS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.
4.2. Exclusion of Liability
These are the limits of legal liability we may have to you.
TO THE EXTENT PERMITTED UNDER LAW (AND UNLESS TRADESFACTOR HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT SUPERSEDES THIS AGREEMENT), TRADESFACTOR (AND THOSE THAT TRADESFACTOR WORKS WITH TO PROVIDE THE SERVICES) SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SERVICES (E.G. OFFENSIVE OR DEFAMATORY STATEMENTS, DOWN TIME OR LOSS, USE OR CHANGES TO YOUR INFORMATION OR CONTENT).
IN NO EVENT SHALL THE LIABILITY OF TRADESFACTOR (AND THOSE THAT TRADESFACTOR WORKS WITH TO PROVIDE THE SERVICES) EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, AN AMOUNT THAT IS THE LESSER OF (A) FIVE TIMES THE MOST RECENT MONTHLY OR YEARLY FEE THAT YOU PAID FOR A PREMIUM SERVICE, IF ANY, OR (B) US $1000.
THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND TRADESFACTOR AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF TRADESFACTOR HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.
SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THESE LIMITS MAY NOT APPLY TO YOU.
We can each end this Agreement anytime we want.
TradesFactor or You may terminate this Agreement at any time with notice to the other. On termination, you lose the right to access or use the Services. The following shall survive termination:
Our rights to use and disclose your feedback;
Members' and/or Visitors' rights to further re-share content and information you shared through the Service to the extent copied or re-shared prior to termination;
Sections 4, 6 and 7 of this Agreement;
Any amounts owed by either party prior to termination remain owed after termination.
6. Dispute Resolution
In the unlikely event we end up in a legal dispute, it will take place in Florida courts, applying Florida law.
You agree that the laws of the State of Florida, U.S.A., excluding its conflict of laws rules, shall exclusively govern any dispute relating to this Agreement and/or the Services. We both agree that all of these claims can only be litigated in the federal or state courts of Hillsborough County, Florida, USA, and we each agree to personal jurisdiction in those courts.
7. General Terms
Here are some important details about how to read the Agreement.
If a court with authority over this Agreement finds any part of it not enforceable, you and us agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and us agree to ask the court to remove that unenforceable part and still enforce the rest of this Agreement. To the extent allowed by law, the English version of this Agreement is binding and other translations are for convenience only. This Agreement (including additional terms that may be provided by us when you engage with a feature of the Services) is the only agreement between us regarding the Services and supersedes all prior agreements for the Services.
If we don't act to enforce a breach of this Agreement, that does not mean that TradesFactor has waived its right to enforce this Agreement. You may not assign or transfer this Agreement (or your membership or use of Services) to anyone without our consent. However, you agree that TradesFactor may assign this Agreement to its affiliates or a party that buys it without your consent. There are no third party beneficiaries to this Agreement.
We reserve the right to change the terms of this Agreement and will provide you notice if we do and we agree that changes cannot be retroactive. If you don't agree to these changes, you must stop using the Services.
You agree that the only way to provide us legal notice is at the addresses provided in Section 10.
8. TradesFactor "DOs" and "DON'Ts."
8.1. Dos. You agree that you will:
Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;
Provide accurate information to us and keep it updated;
Use your real name on your profile;
Use the Services in a professional manner.
8.2. Don'ts. You agree that you will not:
Act dishonestly or unprofessionally, including by posting inappropriate, inaccurate, or objectionable content;
Add content that is not intended for, or inaccurate for, a designated field (e.g. submitting a telephone number in the "title" or any other field, or including telephone numbers, email addresses, street addresses or any personally identifiable information for which there is not a field provided by TradesFactor);
Use an image that is not your likeness or a head-shot photo for your profile;
Create a false identity on TradesFactor;
Misrepresent your current or previous positions and qualifications;
Misrepresent your affiliations with a person or entity, past or present;
Misrepresent your identity, including but not limited to the use of a pseudonym;
Create a Member profile for anyone other than yourself (a real person);
Invite people you do not know to join your network;
Use or attempt to use another's account;
Harass, abuse or harm another person;
Send spam or other unwelcomed communications to others;
Scrape or copy profiles and information of others through any means (including crawlers, browser plugins and add-ons, and any other technology or manual work);
Act in an unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable manner;
Disclose information that you do not have the right to disclose (such as confidential information of others (including your employer));
Violate intellectual property rights of others, including patents, trademarks, trade secrets, copyrights or other proprietary rights;
Violate the intellectual property or other rights of TradesFactor, including, without limitation, using the word "TradesFactor" or our logos in any business name, email, or URL except as provided in the Brand Guidelines;
Use TradesFactor invitations to send messages to people who don't know you or who are unlikely to recognize you as a known contact;
Post any unsolicited or unauthorized advertising, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation unauthorized by TradesFactor;
Send messages to distribution lists, newsgroup aliases, or group aliases;
Post anything that contains software viruses, worms, or any other harmful code;
Manipulate identifiers in order to disguise the origin of any message or post transmitted through the Services;
Create profiles or provide content that promotes escort services or prostitution.
Creating or operate a pyramid scheme, fraud or other similar practice;
Copy or use the information, content or data of others available on the Services (except as expressly authorized);
Copy or use the information, content or data on TradesFactor in connection with a competitive service (as determined by TradesFactor);
Copy, modify or create derivative works of TradesFactor, the Services or any related technology (except as expressly authorized by TradesFactor);
Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology, or any part thereof;
Imply or state that you are affiliated with or endorsed by TradesFactor without our express consent;
Rent, lease, loan, trade, sell/re-sell access to the Services or related any information or data;
Sell, sponsor, or otherwise monetize a TradesFactor Group or any other feature of the Services, without TradesFactor's consent;
Deep-link to our Services for any purpose other than to promote your profile or a Group on TradesFactor (as set forth in the Brand Guidelines), without TradesFactor's consent;
Remove any copyright, trademark or other proprietary rights notices contained in or on our Service;
Remove, cover or obscure any advertisement included on the Services;
Collect, use, copy, or transfer any information obtained from TradesFactor without the consent of TradesFactor;
Share or disclose information of others without their express consent;
Use manual or automated software, devices, scripts robots, other means or processes to access, "scrape," "crawl" or "spider" the Services or any related data or information;
Use bots or other automated methods to access the Services, add or download contacts, send or redirect messages;
Monitor the Services' availability, performance or functionality for any competitive purpose;
Engage in "framing," "mirroring," or otherwise simulating the appearance or function of the Services;
Access the Services except through the interfaces expressly provided by TradesFactor, such as its mobile applications;
Override any security feature of the Services;
Interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses, gaming algorithms).
9. Complaints Regarding Content
We respect the intellectual property rights of others. We require that information posted by Members be accurate and not in violation of the intellectual property rights or other rights of third parties.
10. How To Contact Us
If you want to send us notices or service of process, please contact us:
ONLINE at: firstname.lastname@example.org
OR BY MAIL at:
9051 Florida Mining Blvd
Tampa FL 33634