TERMS AND CONDITIONS
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Presstrader may revise and update the User Agreement from time to time in its sole discretion. All changes are effective immediately when Presstrader posts them, and apply to all access to and use of the Services thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice prior to the date the change is posted on the Services.
Your continued use of the Services following the posting of revised User Agreement means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
PLEASE BE ADVISED THAT THIS USER AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS YOU AND PRESSTRADER HAVE AGAINST EACH OTHER ARE RESOLVED (SEE DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY AND LEGAL DISPUTES PROVISIONS BELOW). IT ALSO CONTAINS AN AGREEMENT TO ARBITRATE, WHICH WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST PRESSTRADER OR ITS AFFILIATES TO BINDING AND FINAL ARBITRATION (SEE “LEGAL DISPUTES”, BELOW). YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST PRESSTRADER OR ITS AGENTS ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING AND YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.
Presstrader is a marketplace that allows users to offer, sell and buy presses and related equipment, parts and services in a variety of pricing formats and locations. Any contract for sale of these items is directly between the seller and buyer and not Presstrader. Presstrader is a listing services, not a traditional auctioneer and is not a party to the sale of any items or services between users of its Services.
While Presstrader may provide pricing, shipping, listing, sourcing, and other guidance in the Services, such guidance is solely informational and you may decide to follow it or not. Also, while Presstrader may help facilitate the resolution of disputes between users, Presstrader has no control over and does not guarantee: the existence, quality, safety or legality of items advertised; the truth or accuracy of users' content or listings; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item.
In connection with using or accessing the Services you will not:
The fees Presstrader charges for using the Services are listed in the checkout and advertise page. Presstrader may change its seller fees from time to time by posting the changes on the Website 14 days in advance, but with no advance notice required for temporary promotions or any changes that result in the reduction of fees.
If you are a seller, you are liable for transaction fees arising out of all sales made using some or all the Services, even if sales terms are finalized or payment is made outside of Presstrader. In particular, if you offer or reference your contact information or ask a buyer for their contact information in the context of buying or selling outside of Presstrader, you may be liable to pay the fee applicable to that item, even if the item doesn't sell, given your usage of the Services for the introduction to a buyer.
You must have a payment method on file when selling through Presstrader’s Services and pay all fees and applicable taxes associated with the Services by the payment due date. If your payment method fails or your account is past due, Presstrader may, in its sole discretion, take Adverse Actions (defined below), collect amounts owed by charging other payment methods on file with us, and/or retain collection agencies and legal counsel, all costs of which you agree to pay Presstrader. In addition, you will be subject to late fees (as set forth in the Fees page). Presstrader, or the collection agencies Presstrader retain, may also report information about your account to credit bureaus, and as a result, late payments, missed payments, or other defaults on your account may be reflected in your credit report. If you wish to dispute the information Presstrader reported to a credit bureau (i.e., Experian, Equifax or TransUnion) please contact Presstrader. To dispute the information a collection agency reported to a credit bureau regarding your Presstrader account, you must contact the collection agency directly.
Seller fees don't purchase exclusive rights to item exposure on Presstrader’s Services, whether on a web page, mobile app, or otherwise. Presstrader may, in its sole discretion and without consent from, or payment, fee reduction, or other credit to, sellers, display third-party advertisements (including links and references thereto) or other content in any part of the Services.
When directly or indirectly submitting content to the Services (or while using the Services) such as “for sale” listings, comments, rating, reviews, messages to other users or other content to the Services (collectively, “User Content”) you grant Presstrader a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all Intellectual Property Rights (as defined above) you have in that content in connection with Presstrader’s provision, expansion, and promotion of the Services, in any media known now or developed in the future. To the fullest extent permitted under applicable law, you waive your right to enforce against Presstrader, its assignees, its sublicensees, and their assignees your Intellectual Property Rights in your User Content in connection with Presstrader’s, those assignees', and those sublicensees' use of that content in connection with Presstrader’s provision, expansion, and promotion of the Services.
You represent and warrant that, for all User Content you provide, you own or otherwise control all necessary rights to do so and to meet your obligations under this User Agreement. You represent and warrant that such content is accurate and honest. You represent and warrant that use of any such content (including derivative works) by Presstrader, other users, or others in contract with Presstrader, and in compliance with this User Agreement, does not and will not infringe any Intellectual Property Rights of any third party. Presstrader takes no responsibility and assumes no liability for any content provided by you or any third party.
When using the Services you further agree to:
Presstrader cannot promise that the content provided through the Services will always be available, accurate, complete, and up-to-date. You agree that Presstrader is not responsible for examining or warranting the listings or content (including User Content) provided by third parties or other users through the Services, and that you will not attempt to hold Presstrader or Presstrader’s data providers liable for inaccuracies. As a seller, you agree to ensure that content directly associated with your listings is accurate.
The name "Presstrader" and other Presstrader marks, logos, designs, and phrases that Presstrader uses in connection with the Services are trademarks, service marks, or trade dress of Presstrader in Canada, the U.S. and other countries. They may not be used without the express written prior permission of Presstrader.
Presstrader may remove, modify or delete user content, which appears to breach this User Agreement, or which appear to infringe on the intellectual property rights of others, or for any other reason. Presstrader may do this on its own initiative, or pursuant to a court order, lawful request, or demand.
User Content may be subject to moderation prior to publication on the Services, and at any time thereafter. Presstrader may edit, modify, delete or refuse to publish any content at any time and for any reason, including for breach of this User Agreement. You understand that Presstrader has no obligation to moderate any content on the Services, and that Presstrader may stop moderating content at any time.
You are solely responsible for any User Content you submit, and you understand that content you see on the Services may not have been reviewed by a moderator. Presstrader does not endorse any User Content, and takes no responsibility for the accuracy or reliability of any User Content. It's your responsibility to decide whether the content you see on the Services is accurate or reliable.
Any advertisements, opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including Presstrader’s advertisers, service providers or other users, are those of their respective author or distributor and not those of Presstrader. You agree that Presstrader and its affiliates shall not be held liable to you or to any third party for the actions of users of the Services, or for your use of or reliance on any User Content, "for sale" listings, reviews, comments, messages or third party advertisement or other third party content.
When listing an item, you agree to comply with Presstrader’s Listing Policies and Selling Practices Policy and further agree that:
When buying an item from a seller, you agree to the following:
You are responsible for your use of the Services, and for everything submitted to the Services using your user account, including anything posted by others who may gain access to your account. Select a strong password for your user account, and keep it secure. You understand that any submissions or actions that are in violation of any applicable law (including, but not limited to infringement of intellectual property rights), may lead to legal action against you.
You agree to provide Presstrader with current and correct information wherever requested, and to update that information if it changes. You agree to notify Presstrader and provide a current email address if your email address changes.
You cannot accept any kind of compensation (monetary, in-kind, or otherwise) for actions you take on the Services -- for example, you can't sell your user account, or post or promote content for other people for any sort of reward. Your user account is for your use only.
Any amendments will be effective from the time they are posted on the Website. Once posted, the amended version of this User Agreement immediately supersedes any previous versions of the User Agreement. Your continued use of the Services will be deemed to indicate your acceptance of the amended User Agreement.
Presstrader may share your telephone number and/or email address with its authorized service providers as stated in the User Privacy Notice. These service providers may contact you using autodialed or prerecorded calls and text messages and/or emails, only as authorized by Presstrader to carry out the purposes identified above.
Presstrader may, without further notice or warning and in its discretion, monitor or record telephone conversations you or anyone acting on your behalf has with Presstrader or its agents for quality control and training purposes, or for its own protection.
Presstrader reserves the right to use automated systems to scan and analyze the contents of every message sent through its messages platform, including messages between users, to detect and prevent fraudulent activity or violations of this User Agreement, including the incorporated terms, notices, rules, and policies. This scanning and analysis may occur before, during, or after the message is sent, or while in storage, and may result in your message being delayed or withheld. Presstrader may store message contents, including to conduct this scanning and analysis.
If Presstrader provides you with information about another user, you agree you will use the information only for the purposes that it is provided to you. You may not disclose, sell, rent, or distribute a user's information to a third party for purposes unrelated to the Services. Additionally, you may not use information for marketing purposes, via electronic or other means, unless you obtain the consent of the specific user to do so.
Presstrader tries to keep the Services safe, secure, and functioning properly, but Presstrader cannot guarantee the continuous operation of or access to the Services. Notification functionality in Presstrader’s Services may not occur in real time. Such functionality is subject to delays beyond Presstrader’s control.
You agree that you are making use of the Services at your own risk, and that they are being provided to you on an "AS IS" and "AS AVAILABLE" basis. Accordingly, to the extent permitted by applicable law, PRESSTRADER EXCLUDES AND DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, TERMS AND CONDITIONS INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY IN THE SERVICES.
In addition, to the extent permitted by applicable law, Presstrader including its subsidiaries and affiliates, and its and their officers, directors, shareholders, agents, service providers, and employees (collectively, the “Presstrader Group”) are not liable, and you agree not to try to hold the Presstrader Group or any of them responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages) resulting directly or indirectly from:
Any correspondence or business dealings with any third parties, including other users, sellers, service providers or advertisers found on, or through, the Services are solely the responsibility of you and such parties. Presstrader is not responsible for any damages you may suffer by corresponding with or entering into transactions with any third parties, including the payment for or delivery of goods, and for any terms, conditions, warranties, or representations associated with such dealings. You and the third party, not Presstrader, are responsible for compliance with all laws applicable in any such transaction. You correspond and transact with these third parties at your own risk.
Use caution and common sense when using the Services, and when entering into correspondence or purchase or sale transactions with third parties. In particular, exercise great care when revealing personal information and when purchasing items listed for sale on the Services.
"For sale" listings displayed on the Services are merely published by Presstrader, without verification or endorsement, and any correspondence or transactions with third parties relating to items listed for sale through the Services are between you and that third party -- Presstrader has no responsibility or liability for any damages or losses that you may incur in connection with items or services listed for sale by other users or third parties on the Services, including but not limited to inaccurate listings, non-working items, non-existent items and fraud.
The Services may contain links to third party websites or services provided by parties other than Presstrader. These links are for your convenience only and Presstrader does not assume responsibility for the accuracy, reliability or appropriateness of these third party websites or services. Any mention of another party or its product or service on the Services is for informational purposes only and should not be construed as an express or implied endorsement of that party or its advice, opinions, information, products or services. Third party websites and services may be subject to terms and conditions imposed by the operator of those websites and services. Presstrader assumes no responsibility for, and disclaims all liability related to your use of any third party website or service.
Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
IN NO EVENT SHALL PRESSTRADER BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF OR RELATING TO THE SERVICES, ANY BREACH OF THIS USER AGREEMENT, WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES HAS BEEN DISCLOSED IN ADVANCE BY YOU OR COULD HAVE BEEN REASONABLY FORESEEN BY PRESSTRADER, REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL PRESSTRADER’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE SERVICES OR THIS AGREEMENT EXCEED THE GREATER OF (A) ANY AMOUNTS PAID BY YOU IN FEES, (B) THE AMOUNT OF FEES IN DISPUTE NOT TO EXCEED THE TOTAL FEES WHICH YOU PAID TO PRESSTRADER IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, OR (C) $100.
If you have a dispute with one or more users, you release each of the Presstrader Group from claims, demands, and damages (direct actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. IN ENTERING INTO THIS RELEASE YOU EXPRESSLY WAIVE ANY PROTECTIONS (WHETHER STATUTORY OR OTHERWISE) THAT WOULD OTHERWISE LIMIT THE COVERAGE OF THIS RELEASE TO INCLUDE ONLY THOSE CLAIMS WHICH YOU MAY KNOW OR SUSPECT TO EXIST IN YOUR FAVOUR AT THE TIME OF AGREEING TO THIS RELEASE.
You will indemnify and hold each of the Presstrader Group harmless from any claim or demand, including legal fees, made by any third party due to or arising out of your breach of this User Agreement, your use of Presstrader’s Services or your breach of any law or the rights of a third party.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND PRESSTRADER HAVE AGAINST EACH OTHER ARE RESOLVED.
You and Presstrader agree that any claim or dispute at law or equity that has arisen, or may arise, between you and Presstrader (including any claim or dispute between you and a third-party agent of Presstrader) that relates in any way to or arises out of this or previous versions of this User Agreement, your use of or access to the Services, the actions of Presstrader or its agents, or any products or services sold or purchased through the Services, shall be resolved exclusively through final and binding arbitration, rather than in court.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this User Agreement as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Presstrader’s registered agent Corporation Service Company, 300 Deschutes Way SW, Suite 304, Tumwater, WA 98051 AND to PressTrader Limited, 92 Caplan Avenue, Suite 631, Barrie ON L4N 9J2 (It is your responsibility to verify the current address before sending any communication). The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or it shall be held in Toronto, Ontario Canada.
YOU AND PRESSTRADER AGREE THAT EACH OF YOU MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. UNLESS BOTH YOU AND PRESSTRADER AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, CLASS, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS. If a court decides that applicable law precludes enforcement of any of this paragraph's limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court, subject to your and PRESSTRADER’s right to appeal the court's decision. All other claims will be arbitrated.
This User Agreement and any dispute or claim you have against Presstrader shall be governed in all respects by the laws of the Province of Ontario and the federal laws of Canada applicable therein. For any issues that cannot be litigated in arbitration, you agree to submit to the personal jurisdiction of the courts located within the Province of Ontario for the purpose of litigating all such claims or disputes.
IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION YOU AND PRESSTRADER EACH WAIVE ANY RIGHT TO A JURY TRIAL. You and Presstrader also both agree that you or Presstrader may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
If Presstrader believes that you have may have breached this User Agreement or are or have abused the Services in any way, Presstrader may, in its sole discretion and without notice: charge you additional fees, remove or edit any User Content or listings, block you from accessing the Services, terminate this User Agreement, recover expenses for policy monitoring and enforcement and/or terminate, suspend, modify, deactivate, limit, downgrade or delete your user account (collectively, “Adverse Actions”). If Presstrader takes an Adverse Action, you may not create another user account without written permission. The license you grant Presstrader to use your User Content, all indemnities, and all terms limiting the Presstrader Group’s liability shall survive termination of this User Agreement.
If Presstrader believes you are violating the policy on Offers to buy or sell outside of PressTrader, you may be subject to a range of actions, including Adverse Actions and recovery of expenses for policy monitoring and enforcement. If you are a seller and you offer or reference your contact information or ask a buyer for their contact information in the context of buying or selling outside of PressTrader, you may be liable to pay a final value fee applicable to that item, even if the item does not sell.
Presstrader may cancel unconfirmed user accounts or accounts that have been inactive for a long time or modify or discontinue the Services. Additionally, Presstrader reserves the right to refuse or terminate all or part of the Services to anyone for any reason at Presstrader’s sole discretion.
Except as otherwise provided in this User Agreement, if any provision of this User Agreement is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions. In Presstrader’s sole discretion, Presstrader may assign this User Agreement.
Headings are for reference purposes only and do not limit the scope or extent of such Section. Presstrader’s failure to act with respect to a breach by you or others does not waive Presstrader’s right to act with respect to subsequent or similar breaches. Presstrader does not guarantee it will take action against all breaches of this User Agreement.
Presstrader may amend this User Agreement at any time by posting the amended terms on the Services. Presstrader’s right to amend the User Agreement includes the right to modify, add to, or remove terms in the User Agreement. Presstrader will provide you 30 days' notice by posting the amended terms. Your continued access or use of Presstrader’s Services constitutes your acceptance of the amended terms. At Presstrader’s discretion, Presstrader may also ask you to acknowledge your acceptance of the User Agreement through an electronic click-through. If you do not agree to the amendments, you should stop using the Services, and terminate this User Agreement by closing your user account. Instructions to close your account are listed on the Services.
This User Agreement may not otherwise be amended except through mutual agreement by you and a Presstrader representative who intends to amend this User Agreement and is duly authorized to agree to such an amendment.
The policies posted on Presstrader’s sites may be changed from time to time. Changes take effect when Presstrader posts them on the Website.
If you create or use a user account on behalf of a business entity, you represent that you are authorized to act on behalf of such business and bind the business to this User Agreement. Such account is owned and controlled by the business entity. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this User Agreement.
The User Agreement, the User Privacy Notice, and all polices posted on the Website and through the Services set forth the entire understanding and agreement between you and Presstrader, and supersede all prior understandings and agreements of the parties.
The following Sections survive any termination of this User Agreement: Fees, Content, Disclaimer of Warranties; Limitation of Liability; Release, Indemnity, Legal Disputes, and General.
Any translation of this User Agreement and all related documents is done for local requirements and in the event of a dispute between the English and French version, the English version of this User Agreement and all related documents shall govern. If you are a resident of the Province of Quebec, the following clause applies: The parties hereby confirm that they have requested that this User Agreement and all related documents be drafted in English. Les parties ont exigé que la présente convention et tous les documents auxquels cell-ci réfère soient rédigés et signés en langue anglaise.
Last Updated: 28/August/2018