Thank you for your interest inTradeLnks. TradeLnks is a simple and professional one-page website to share your business contact information, social media links, portfolio, license, insurance information and more. Built for sole proprietors and small business owners in the trades and home services who want to elevate the look of their business.
In plain English: We need you to agree to our terms to provide you with TradeLnks’ products and services.
By using TradeLnks’ products or services, made available through tradelnks.com, mytrd.links or trdli.com(the “Website”), you’re agreeing to these Terms & Conditions (“Terms”) as well as the additional policies linked here and on the Website. When we use terms like “TradeLnks ”, “we,” “our,” or “us” in these Terms, we’re talking about Trade Links LLC, an Arizona limited liability company and any of our subsidiaries that collectively provide you with services.Please take the time to read these Terms carefully, and feel free to get in touch if you have any questions. If you don’t agree with these Terms, please don’t use our products or services.
From time-to-time we may make changes to the Website or these Terms. We may need to change these Terms from time-to-time to reflect business updates, changes to features, services, legal or commercial reasons, or otherwise to protect our legitimate interests. We can make these changes at any time and it’s your responsibility to check these Terms now and then for any changes. For any material changes that may be detrimental to your use, we will attempt to give you sufficient notice of such change. However, your continued use of the Website after any changes to the Terms is taken as your acceptance of the revised Terms.
Accounts
To access or use our service, you must create an account with us. When you create this account you must provide accurate and up-to-date information. It is important that you maintain and update your details and any other information that you provide to us. We offer this service to almost anyone, but keep your passwords safe, and don’t let others use your credentials.
How the Website Works
(A) When using the Website, you agree to follow our guidelines and instructions. Keep in mind that these Terms apply to any use of the Website and any of our products and services (collectively, “Products”) whether or not you publish your webpage (“Page”).
(B) In order to publish your Page, you will have to become a registered user. You need to be 18 years or older to register. Registration data and certain other information about you are governed by our Privacy Policy . If you are under 13 years of age, you are not authorized to use our products and services, with or without registering. In addition, if you are under 18 years old, you are not permitted to use our Products or are permitted to publish a site, with or without registering, unless and until you have the approval of your parent or guardian.
(C) If you become a registered user, you must provide true, accurate and complete registration information and, if such information changes, you will promptly update the relevant registration information. During registration, you will create a user name and password (an “Account”). You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur pursuant to your usage or account. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing our Products. We will not be liable for any loss or damage arising from your failure to comply with this Section.
(D) As a registered user, you are responsible for incorporating and maintaining any separately purchased custom domain name and DNS subscription to our Website. Tradelnks does not control, manage, maintain or otherwise track your custom domain status, you remain responsible and liable for its renewal, security, and efficacy. For ease of use and the best user experience, we request registered users to route any operational DNS for which they desire Tradelnks Products to Tradelnks servers.
Subscriptions
Some Products offered on the Websiteare billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or TradeLnkscancels it. You may cancel your Subscription renewal either through your online account management page or by contacting our customer support team.
A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide us with accurate and complete billing information including full name, address, state, zip code, and a valid payment method information. By submitting such payment information, you automatically authorize TradeLnks via Paddle.com to charge all Subscription fees incurred through your account to any such payment instruments. You understand and agree that by using Paddle.com as a payment processor you are bound by their terms and conditions.
Should automatic billing fail to occur for any reason, we will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
Free Trial
TradeLnksmay, at its sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial”).
You may be required to enter your billing information in order to sign up for the Free Trial.
If you do enter your billing information when signing up for the Free Trial, you will not be charged by TradeLnksuntil the Free Trial has expired. On the last day of the Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected, which will initiate the first Billing Cycle. At any time and without notice, we reserve the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
Fee Changes
TradeLnks, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
TradeLnkswill provide you with reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Refunds
Except when expressly stated otherwise, such as violating these Terms and Conditions, all Subscription fees are eligible for a refund within 30-days of purchase.
Security
We care about the security of our users. While we work to protect the security of your content and account, TradeLnks can’t guarantee that unauthorized third parties won’t be able to defeat our security measures. We ask that you keep your password secure. Please notify us immediately of any compromise or unauthorized use of your account.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar, or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.
Your Content
You may post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material on various mediums to/on the Page that you create using TradeLnks, ( your “Content”). You are responsible for the Content, including its legality, reliability, and appropriateness. Where any third party owns any of the Content, you are also responsible for ensuring that you have all rights (including any licenses) needed to allow you to make available that Content on the Page and on TradeLnks.We don’t have to monitor the accuracy, reliability or legality of your Content, but we may choose to do so.We may modify, remove or restrict access to Content at any time in line with these Terms or apply a sensitive content warning to content that we deem unsuitable for all audiences.
By posting Content to TradeLnks, you grant us the right and irrevocable license to use and revocable license to publicly display such Content in conformance with our Privacy Policy, and you confirm that you have all third-party rights and licenses necessary to post that Content. You retain any and all of your rights to any Content you submit, post, or display on or through TradeLnks and you are responsible for protecting those rights.
Acceptable use
Your access to and use of TradeLnks is subject to these terms of service and all applicable laws and regulations. We are also committed to ensuring that TradeLnks is safe for all users and does not provide a platform for inappropriate Content or user behavior. Where there is any genuine and reasonable allegation from a third party (including any law enforcement agency) that your conduct may have breached these terms of service, we reserve the right to cooperate with that third party.
Here is a list of prohibited uses for our Website :
(a) access or use TradeLnks if you are not fully able and legally competent to agree to these terms of service;
(b) make unauthorized copies, modify, adapt, translate, reverse engineer, disassemble, decompile, extract information from or create any derivative works of TradeLnks or any content included, including any files, tables, or documentation (or any portion of these) or determine or attempt to determine any source code, algorithms, methods or techniques embodied by TradeLnks or any derivative works of TradeLnks (or authorize any other person to do so on your behalf);
(c) use our Website or Products to conduct any illegal activity, or transmit any transmit or upload any viruses, spyware, or other harmful, infringing, illegal, disruptive, or destructive content or files.
(d) distribute, license, transfer, or sell, all or any part of any of TradeLnks or any derivative works thereof, except that you may re-sell TradeLnks to a limited class of persons if we have expressly given consent for such activity to you in writing (and, if we do give consent, we may also include conditions to such consent, which you must comply with);
(e) market, rent or lease TradeLnks for a fee or charge, or use TradeLnks to advertise or perform any commercial solicitation, except that you may market TradeLnks to a limited class of persons if we have expressly given consent for such activity to you in writing;
(f) use TradeLnks, without our express written consent, for any commercial or unauthorized purpose, including communicating or facilitating any commercial advertisement or solicitation or spamming;
(g) interfere with or attempt to interfere with the proper working of TradeLnks, disrupt the Website or any networks connected to TradeLnks, or bypass any measures we may use to prevent or restrict access to TradeLnks;
(h) incorporate TradeLnks or any portion of it into any other program or product, except as may be agreed separately with us in writing;
(i) use, or authorize others to use, automated scripts or other scraping tools to collect information from your Page, or TradeLnks, or otherwise interact with TradeLnks;
(j) impersonate any person or entity, or falsely state or otherwise misrepresent you or your affiliation with any person or entity, including giving the impression that any content you upload, post, transmit, distribute or otherwise make available comes from TradeLnks;
(k) intimidate or harass another person, or promote violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age on your Page, your account, or on or through any links on your Page;
(l) include any sexually explicit material (including pictures and language) on your Page itself or your account itself;
(m) use or attempt to use another’s account, service or system without authorization from us, or create a false identity on TradeLnks;
(n) use TradeLnks in a manner that may create a conflict of interest or undermine the purposes of TradeLnks, such as trading reviews with other users or writing or soliciting fake reviews.
(o) use interconnected networks that add multiple links leading to different sites. This practice, known as link chaining, is considered spam and is not allowed on our platform.
Suspension or Cancellation
If you don’t follow these Terms, we might need to suspend or cancel your account, or take other action regarding your account or adjust how the Website works for you. For example, if you miss paying your fees on time, we could switch your paid plan to a free one with fewer features. If we determine it to be in the best interest of the TradeLnks community to cancel your account, all Subscription fees paid up to the date of cancellation will be forfeited and ineligible for refund. If you believe your account was mistakenly canceled or if you encounter issues with these Terms, please get in touch with us at [email protected].
Intellectual property
TradeLnks is protected by copyright, trademark, and other laws of both U.S and foreign countries. Our trademarks and trade names and ‘get up’ may not be used in connection with any product or service without our prior written consent. Nothing in these terms of service constitutes a transfer of any Intellectual Property Rights from us to you.
Limited rights to use
You are permitted to use TradeLnks only as authorized by us (which includes use in accordance with these Terms). As a user, you are granted a limited, non-exclusive, revocable, non-transferable right to use TradeLnks to create, display, use, play, and upload Content subject to these Terms.
You must not use TradeLnks in connection with a product or service that is not affiliated with us or in any way brings us into disrepute. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by any other users are those of the respective authors or distributors and not of us.
If we provide you with any images, icons, video, graphics, or other content for you to use in connection with TradeLnks, you must only use such content on your page and not anywhere else, you must also comply with any reasonable written guidelines or terms, which may be the guidelines or terms of a third party, in relation to the content that we provide to you.
Third-party links, sites, and services
TradeLnks may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by TradeLnks. We don’t endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third-party website, service, or content from TradeLnks, you do so at your own risk and you agree that TradeLnks has no liability arising from your use of or access to any third party website, service, or content.
Confidentiality
You must protect confidential information provided to you, if we share information about TradeLnks with you that is confidential, or that a reasonable person would consider is confidential, you must keep it confidential and use reasonable security measures to prevent unauthorized disclosure of or access to that information.
Feedback
If you provide us with other feedback, relating to the Services or our websites, such as usability issues, design suggestions, or any other suggestion relating to the Products, you acknowledge that (i) we own all rights, title, and interest in and to the feedback without any restriction; (ii) the feedback is not subject to any obligation of confidentiality; and (iii) we may be entitled to unrestricted use,or nonuse, of the feedback for any purpose whatsoever, without compensation or credit to you or any other person.
Your responsibility for end-users
Your Page may have its own visitors (End Users). The way in which users and interact with your Page and your Content is solely your responsibility. This responsibility includes compliance with all laws and regulations in relation to End Users, and the supply of products and services (if any) to End Users.
Liability
You must agree that we will not be liable for any damages suffered as a result of using TradeLnks, or copying, distributing, or downloading, or otherwise utilizing Content from TradeLnks.
In no event will you or we be liable for any indirect, punitive, special, incidental or consequential damage (including loss of business, revenue, profits, use, privacy, data, goodwill, or another economic advantage) however it arises, whether for breach of contract or in tort (including negligence), even if the relevant party has been previously advised of the possibility of such potential for damages. You agree that, at no point shall TradeLnks’ liability to you, under these Terms, go beyond the lesser of the fees you paid us in the 12-month period before the liability emerged, or $100.
You have sole responsibility for adequate security protection and backup of data, Content, and/or equipment used in connection with your usage of TradeLnks and will not make a claim against us for lost data, re-run time, inaccurate instruction, work delays or lost profits resulting from the use of TradeLnks. You must not assign or otherwise dispose of your account to any other person.
Indemnity
You agree to defend, indemnify and hold us and anyone on our behalf, including but not limited to, all of our owners, managers, officers, affiliates, employees, licensors, and suppliers harmless against any losses, expenses, costs, claims, damages (including attorneys’ fees, expert fees, and other costs of litigation) arising from, incurred as a result of, or in any manner related to: (i) any content you submit according to our terms; and/or (ii) any breach of these terms made by you.
Disclaimer
Your use of TradeLnks is at your sole risk. TradeLnks is provided on an “AS IS” and “AS AVAILABLE” basis. TradeLnks is provided without warranties of any kind, whether express or implied, including, but not limited to, up-time or availability, or implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.
Third Party Services
TradeLnkscollaborates with various third-party products and services. We may provide access to specific third-party features or services within the Website, such as payment processing, market place, or cloud hosting. Unless expressly stated otherwise, we do not endorse or make any warranties about any third-party products or services, nor do we offer refunds for payments made to third parties. Your use of any third-party product or service may be subject to separate terms and conditions, which you are responsible for reviewing, accepting, and complying with. Failure to accept or adhere to these third-party terms may result in the suspension, cancellation, or limitation of your account or access to these services on our Website.
Disputes
We try to provide clear rules so that we can limit or hopefully avoid disputes between you and us. If a dispute does arise, we endeavor to resolve it internally, please contact us at [email protected] Attn: Management – Dispute. We will work diligently to resolve your concerns.
Should we fail to resolve your concerns, we believe that arbitration is a faster, more convenient and less expensive way to resolve any disputes or disagreements that you may have with us. This Section is deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and we agree that we intend that this Section satisfies the “writing” requirement of the Federal Arbitration Act.
Therefore, pursuant to these Terms, if you have any dispute or disagreement with us regarding (i) your use of or interaction with our Products, (ii) any subscriptions or other purchases, transactions or relationships related to your use of our Products, or (iii) any data or information you may provide to us or that we may gather in connection with such use, interaction, subscriptions, purchases, transactions or relationships (collectively, “TradeLnks Transactions or Relationships”), you will not have the right to pursue a claim in court, or have a jury decide the claim and you will not have the right to bring or participate in any class action or similar proceeding in court or in arbitration. By using or interacting with our Products or engaging in any other TradeLnks Transactions or Relationships with us, you agree to binding arbitration as provided below.
We will make every reasonable effort to informally resolve any complaints, disputes, or disagreements that you may have with us. If those efforts fail, by using our Products, you agree that any complaint, dispute, or disagreement you may have against us, and any claim that we may have against you, arising out of, relating to, or connected in any way with these Terms or any TradeLnks Transactions or Relationships shall be resolved exclusively by final, confidential and binding arbitration (“Arbitration”) before a single arbitrator administered by JAMS or its successor (“JAMS”) and conducted in accordance with the JAMS Streamlined Arbitration Rules And Procedures in effect at the time the Arbitration is initiated or, if the amount in controversy exceeds $100,000, in accordance with the JAMS Comprehensive Arbitration Rules And Procedures then in effect (respectively, the “Applicable Rules”). The Applicable Rules can be found at www.jamsadr.com. If JAMS is no longer in existence, the Arbitration shall be administered by the American Arbitration Association or its successor (the “AAA”) instead, and conducted in accordance with the AAA Commercial Arbitration Rules in effect at that time (which shall be the “Applicable Rules” in such circumstances). If JAMS (or, if applicable, AAA) at the time the arbitration is filed has Minimum Standards of Procedural Fairness for Consumer Arbitrations in effect that would be applicable to the matter in dispute, we agree to provide the benefit of such Minimum Standards to you to the extent they are more favorable than the comparable arbitration provisions set forth in this Section, provided, however, that in no event may such Minimum Standards contravene or restrict the application of subpart (e) or (i) below. Furthermore, this Section shall not prevent any party from seeking provisional remedies (that is, a temporary restraining order or preliminary injunction) from a court of appropriate jurisdiction. You further agree that:
a. Single Arbitrator Presumed
The Arbitration shall be conducted before a single arbitrator selected in accordance with the Applicable Rules or by mutual agreement between you and us (the “Arbitrator”). However, at the request of either party, a panel of three arbitrators will conduct the arbitration, with one arbitrator chosen by each of the parties and the third appointed by the other two arbitrators.
b. Arbitrator Will Interpret This Agreement
The Arbitrator, and not any federal, state or local court or agency, shall have the exclusive authority to resolve any dispute arising under or relating to the validity, interpretation, applicability, enforceability or formation of these Terms and/or these arbitration provisions, including but not limited to any claim that all or any part of these Terms is void or voidable.
c. Location of Arbitration
The Arbitration shall be held either: (i) at a location near Phoenix, Arizona[SL1] [RL2] as determined pursuant to the Applicable Rules; or (ii) at such other location as may be mutually agreed upon by you and us; or (iii) at your election, if the only claims in the arbitration are asserted by you and are for less than $10,000 in aggregate, by telephone, virtually, or by written submission.
d. Governing Law
The Arbitrator (i) shall apply internal laws of the State of Arizona consistent with the Federal Arbitration Act and applicable statutes of limitations, or, to the extent (if any) that federal law prevails, shall apply the law of the U.S., irrespective of any conflict of law principles; (ii) shall entertain any motion to dismiss, motion to strike, motion for judgment on the pleadings, motion for complete or partial summary judgment, motion for summary adjudication, or any other dispositive motion consistent with Delaware or federal rules of procedure, as applicable; (iii) shall honor claims of privilege recognized at law; and (iv) shall have authority to award any form of legal or equitable relief.
e. No Class Relief
The Arbitration can resolve only your and/or our individual claims, and the Arbitrator shall have no authority to entertain or arbitrate any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated.
THE PARTIES HEREBY WAIVE ANY RIGHT TO ASSERT ANY CLAIMS AGAINST THE OTHER PARTY AS A REPRESENTATIVE OR MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION, EXCEPT WHERE SUCH WAIVER IS PROHIBITED BY LAW OR DEEMED BY A COURT OF LAW TO BE AGAINST PUBLIC POLICY.
To the extent either party is permitted by law or court of law to proceed with a class or representative action against the other, the parties agree that: (i) the prevailing party shall not be entitled to recover attorneys’ fees or costs associated with pursuing the class or representative action (not withstanding any other provision in this agreement); and (ii) the party who initiates or participates as a member of the class will not submit a claim or otherwise participate in any recovery secured through the class or representative action.
f. Written Award
The Arbitrator shall issue a written award supported by a statement of decision setting forth the Arbitrator’s complete determination of the dispute and the factual findings and legal conclusions relevant to it (an “Award”). Judgment upon the Award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets.
g. Arbitration Costs
In any arbitration arising out of or related to this Agreement, the arbitrator shall award to the prevailing party, if any, the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration.
If the arbitrator determines a party to be the prevailing party under circumstances where the prevailing party won on some but not all of the claims and counterclaims, the arbitrator may award the prevailing party an appropriate percentage of the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration.
h. Interpretation and Enforcement of Arbitration Clause
With the exception of subpart (e) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Applicable Rules, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (e) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor we shall be entitled to arbitrate any dispute between us and you, and must instead bring any claims subject to subsection (i) below.
i. Small Claims Matters are Excluded. No Class Relief or Joinder of Claims
Notwithstanding the foregoing arbitration provisions, and subject to this Section, at your option, you may bring any claim for damages you have against us in your local small claims court within the U.S., if your claim is within such court’s jurisdictional limit; provided that such court does not have the authority to entertain any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated in such proceeding.
j. Confidentiality of Arbitration
You and we agree to maintain the confidential nature of the Arbitration and shall not disclose the fact of the Arbitration, any documents exchanged as part of any mediation, proceedings of the Arbitration, the Arbitrator’s decision and the existence or amount of any Award, except as may be necessary to prepare for or conduct the Arbitration (in which case anyone becoming privy to such confidential information must undertake to preserve its confidentiality), or except as may be necessary in connection with a court application for a provisional remedy, a judicial challenge to an Award or its enforcement, or unless otherwise required by applicable law or court order.
European User Disputes: If you are a consumer residing in the European Union, and think your dispute needs to be arbitrated, you can submit a complaint by completing an electronic complaints form through the ODR web portal. The Tradelnks contact email which you may include as part of your ODR submission is ODR@@tradelnks.com . Please note that this email address is only intended for use with the ODR process and not for general questions/information