THE FOLLOWING DESCRIBES THE TERMS ON WHICH TCG COMMUNITY FINANCIAL SERVICES and Affiliated CENTERS OFFERS YOU ACCESS TO OUR SERVICES.
1. Welcome to the User Agreement for TCG Community Financial Services Centers (the "Agreement"). This Agreement describes the terms and conditions applicable to your use of our services available under any of the internet domain names used by TCG and the general principles for the websites of our parent, subsidiaries and international affiliates. If you do not agree to be bound by the terms and conditions of this Agreement, do not use the Site or access our services.
2. By accepting this Agreement, you also agree that your use of other TCG websites will be governed by the user agreement and privacy policies posted on those websites. We may amend this Agreement at any time by posting the amended terms on our site. Except as stated below, all amended terms shall automatically be effective 30 days after they are initially posted on our site.
This Agreement may not be otherwise amended except in a writing signed by you and TCG Community Financial Services International. This agreement is effective upon acceptance in registration for new registering users and is otherwise effective on January 1st, 2004 for all users registered.
Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended TCG members. If you are under the age of 18, you can use this Site only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use the Site.
Further, your TCG account (including feedback) and User ID may not be transferred or sold to another party. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.
3. Fees and Services. We do charge fees for joining and for other services provided. Our Fees and Credit Policy is available at our Fees & Credit Policy page and is incorporated into this Agreement by reference. We may change our Fees and Credit Policy and the fees for our services from time to time. Our changes to the policy are effective after we provide you with at least fourteen (14) days notice of the changes by posting the changes on the Site.
However, we may choose to temporarily change our Fees and Credits Policy and the fees for our services for promotional events and such changes are effective when we post the temporary promotional event on the Site. We may in our sole discretion change some or all of our services at any time. In the event we introduce a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in the currency denomination of your country of residence (or place of business) that you provide as part of your personal information.
You are responsible for paying all fees associated with using our service and our website and all applicable taxes. Certain taxes and government charges may be payable in relation to a purchase transaction. We accept no responsibility for such taxes and other government charges on transactions facilitated on the Site.
3.1 TCG is a Venue. TCG is not an alternative currency provider nor is it an alternative medium of exchange. Although barter in general is commonly referred to as an alternative currency, it is important to realize that we are not a traditional or even an alternative "bank". Instead, the Site acts as a venue while TCG concurrently acts as a third party record keeper to allow anyone to offer, sell, buy or exchange just about anything, at anytime, from anywhere, in a pricing formats that includes barter credits in lieu of legal tender.
We are not involved in the actual transaction between buyers and sellers. As a result, we have no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. We cannot ensure that a buyer or seller will actually complete a transaction.
3.2 One Price Policy. We offer you the assurance that TCG regularly monitors product and service listings to ensure a one price policy, meaning that sellers cannot offer a product for a given cash price and offer the same product or service for a different or higher barter credit price.
3.3 Identity Verification. We use many techniques to verify the accuracy of the information our users provide us when they register on the Site. However, because user authentication on the Internet is difficult, TCG cannot and does not confirm each user's purported identity. Thus, we have established a user-initiated feedback system to help you evaluate with whom you are dealing. We also encourage you to communicate directly with potential trading partners through the tools available on the Site. You may also wish to consider using a third party escrow service or services that provide additional user verification for larger transactions.
3.4 Release. Because we are a venue, in the event that you have a dispute with one or more users, you release TCG (and our parent and its subsidiaries and joint ventures and all such person's, officers, directors, agents and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
3.5 Information Control. We do not control the information provided by other users which is made available through the Site. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using the Site. Please note that there are also risks of dealing with foreign nationals, underage persons or people acting under false pretence. By using this Site, you agree to accept such risks and TCG is not responsible for the acts or omissions of its users.
4. Selling and Buying. As a buyer, you are obligated to complete the transaction with the seller: (i) unless the transaction is prohibited by law or by this Agreement. By offering on an item you agree to be bound by the conditions of sale included in the item's description by the seller so long as those conditions of sale are not in violation of this Agreement or otherwise unlawful. Offers are not retractable except in exceptional circumstances such as when the seller materially changes the item's description after you offer, a clear typographical error is made, or you cannot authenticate the seller's identity.
5.1 Listing and Selling . You must be legally able to sell the item(s) you list for sale on the Site. You must describe your item and all terms of sale on the listing page of the Site. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All listed items must be listed in an appropriate category. All items in multiple item listings must be identical.
5.2 Binding Offers. Except for items where there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of your listing (such as payment method), or (b) you cannot authenticate the buyer's identity, you are obligated top complete your purchase.
5.3 Fraud. Without limiting any other remedies, we may suspend or terminate your account if you are found (by conviction, settlement, insurance or escrow investigation, or otherwise) to have engaged in fraudulent activity in connection with the Site.
5.5 Manipulation. Neither buyers nor sellers may manipulate the price of any item nor may you interfere with other user's listings or transactions.
6.1 Definition "Your Information": Your Information is defined as any information you provide to us or other users in the registration, buying, selling or listing process, in any public message area (including the Question Board) or through any email feature. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information.
6.2 Restricted Activities . Your Information (or any items listed) and your activities on the Site shall not: (a) be false, inaccurate or misleading; (b) be fraudulent or involve the sale of counterfeit or stolen items; (c) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) be obscene or contain child pornography or, if otherwise adult in nature or harmful to minors, shall be posted only as a Mature item selection and shall be distributed only to people legally permitted to receive such content; (g) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and (i) link directly or indirectly to or include descriptions of goods or services that: (aa) are prohibited under this Agreement; (bb) are identical to other items you have up for sale but are priced differently than your other items; (cc) are concurrently listed for sale on a web site other than TCG's (this does not prevent linking to or advertising a TCG item from another web site); or (dd) you do not have a right to link to or include.
Furthermore, you may not list any item on the Site (or consummate any transaction that was initiated using our service) that, by paying to us the listing fee or the final value fee, could cause us to violate any applicable law, statute, ordinance or regulation, or that violates our current policies.
7. Access and Interference. The Site contains robot exclusion headers. Much of the information on the Site is updated on a real time basis and is proprietary or is licensed to TCG by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for Your Information) from the Site without the prior expressed written permission of TCG and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iv) bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.
8.1 Integrity. You may not take any actions which may undermine the integrity of the customer feedback system. We may limit the number of offers and listings you may place on the Site based upon the level of your feedback. If your participation garners net negative feedback your membership will be automatically suspended, and you will be unable to list or offer to buy.
Company referral policy is as follows: If you participate in the TCG referral program, any client who does not pay his referrals for any direct or side associated business which is documented by the referred party, the default referring client will not be allowed to benefit from the referral. TCG retains the right to disassociated said referral account number from the complaining member.
8.2 Export. You acknowledge that your feedback consists of comments left by other users and compiled by us, and that the compilation without all of our comments does not convey your full user profile. Because feedback ratings are not designed for any purpose other than for facilitating trading between TCG users, you agree that you shall not market or export your TCG feedback rating in any venue other than a TCG operated website.
8.3 Import. We do not provide the technical ability to allow you to import feedback from other (non-TCG operated) websites to TCG because such a compilation without the corresponding feedback does not reflect your true online reputation within our community.
9. Breach. Without limiting other remedies, we may limit your activity, immediately remove your offers or item listings, warn our community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you: (a) if you breach this Agreement or the documents it incorporates by reference; (b) if we are unable to verify or authenticate any information you provide to us; or (c) if we believe that your actions may cause financial loss or legal liability for you, our users or us.
11. No Warranty. WE, OUR PARENT, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED REPRESENTATION, WARRANTIES OF TITLE, MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY LAW OR THROUGH A COURSE OF DEALING OR USAGE OF TRADE, UNLESS SPECIFICALLY REQUIRED BY LAW.
12. Liability Limit. IN NO EVENT SHALL WE, OUR PARENT, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES CONTRACTORS, SUBCONTRACTORS OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). OUR LIABILITY, AND THE LIABILITY OF OUR PARENT, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES CONTRACTORS, SUBCONTRACTORS AND OUR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND US$150.
13. Indemnity. You agree to indemnify and hold us and our parent, subsidiaries, affiliates, officers, directors, agents, contractors, subcontractors and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
14. Legal Compliance. You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service and your listing, purchase, solicitation of offers to purchase, and sale of items.
15. No Agency. You and TCG are independent commercial contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.
16. Notices . Except as explicitly stated otherwise, any notices shall be given by email to TCG on our "Contact Us" link, or to the email address you provide to TCG during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to TCG during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
16.1 Resolution of Disputes. In the event a dispute arises between you and TCG, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and TCG agree that any claim or controversy at law or equity that arises out of this Agreement or our services ("Claims") shall be resolved in accordance with one of the subsections below or as otherwise mutually agreed upon in writing by the parties. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution and we will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation.
17.1 Binding Arbitration. For any Claim (excluding Claims for injunctive or other equitable relief) where the total amount of the award sought is less than CDN$15,000, you or TCG may elect to resolve the dispute through binding arbitration conducted by telephone, on-line and/or based solely upon written submissions where no in-person appearance is required.
In such cases, the arbitration shall be administered by the American Arbitration Association or JAMS in accordance with their applicable rules, or any other established ADR provider mutually agreed upon by the parties. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
17.2 Court. Alternatively, any Claim may be adjudicated by a court of competent jurisdiction located where the defendant is located. You and TCG agree to submit to the personnel and of the courts located within the said jurisdiction.
17.3 Alternative Dispute Resolution. Alternatively, TCG will consider use of other alternative forms of dispute resolution, such as binding arbitration to be held in a location mutually agreed upon by the parties. All Claims (excluding requests for injunctive or equitable relief) between the parties must be resolved using the dispute resolution mechanism that is selected in accordance with this Section by the first party to file a Claim.
Should either party file an action contrary to this Section 17, the other party may recover attorneys' fees and costs up to CDN$1500, provided that the party seeking the award has notified the other party in writing of the improperly filed Claim, and the other party has failed to withdraw the Claim.
In addition, when using particular services on the Site, you agree that you are subject to any posted policies or rules applicable to service you use through the Site, which may be posted from time to time. All such posted policies or rules are hereby incorporated by reference into this Agreement.
19. General. This Agreement shall be governed in all respects by the laws of the country and jurisdiction wherein any disputes may arise. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our Site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
20. Assignment . You agree that this Agreement and all incorporated terms and conditions may be automatically assigned by TCG in accordance with Section 16 "Notices", in our sole discretion.
20.1 Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
20.2 Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
20.3 This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. Sections 2 (Fees and Services) with respect to fees owed for our services, 3.4 (Release), 6.3 (License), 7 (Access and Interference), 11 (No Warranty), 12 (Liability Limit), 13 (Indemnity) and 17 (Resolution of Disputes) shall survive any termination or expiration of this Agreement.
21. Contracts in English. It is the express wish of the parties that this document and any related documents be drawn up and executed in English. Les parties aux présentes ont expressément demandé que ce document et tous les documents s'y rattachant soient rédigés et signés en anglais.
22. Disclosures. The services hereunder are offered by TCG Community Financial Services International. Fees for our services are described on our Fees & Credit Policy page.
Parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. If you are interested in learning more about these protections, information is available at http://www.safetysurf.com/ or other analogous sites providing information on such protections. The preceding link is provided for information purposes only, and is not intended as an endorsement of SafetySurf.com's Internet site, services, or policies. TCG is not affiliated with safetysurf.com.