Terms & Conditions
Trades of Hope LLC (referred to as “Trades of Hope,” “we,” “us” and “our”) reserves the right to change these Terms, in whole or in part, at our sole discretion, and to provide you with notice of such change by any reasonable means, including without limitation posting the revised draft of these Terms on the Website. You should always check these Terms prior to using the Website. Your continued use of the Website following the posting of changes to these Terms will mean that you accept those changes.
If you are a Trades of Hope compassionate entrepreneur, also referred to as a ‘CE,’ you agree that your use of the Website is subject not only to these Terms, but also to the terms and conditions contained in your Consultant Agreement with us. A “Trades of Hope compassionate entrepreneur” is an individual:
- who has agreed, pursuant to the terms of a Trades of Hope compassionate entrepreneur Agreement, to be a Trades of Hope compassionate entrepreneur;
- who remains an active Trades of Hope compassionate entrepreneur in good standing; and
- whose Trades of Hope compassionate entrepreneur Agreement or status as a compassionate entrepreneur has not been terminated.
The “Trades of Hope compassionate entrepreneur Agreement” means Trades of Hope compassionate entrepreneur Agreement Form, collectively with the Terms and Conditions of the CE Agreement accompanying the compassionate entrepreneur, and our CE Policies and Procedures.
1. What You May Not Do
We own and operate the Website. The contents of the Website are copyrighted under United States copyright laws. Except as stated in these Terms, none of the material on the Website including each and every web page and related images, videos or other digital assets (collectively, the “Information”) may be copied, reproduced, distributed, republished, uploaded, displayed, posted or transmitted in any way. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, copy or create derivative works from the Website or the Information. You may not use any network monitoring or discovery software to determine the Website’s architecture, or extract information about its usage or users. You may not use any robot, spider, other automatic device, search engine or manual process to monitor or copy the Website or the Information without our prior written consent. You may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial, nonprofit or public purposes all or any portion of the Website, except to the extent authorized by us. You may not use or otherwise export or re-export the Website or any portion of it, the Information or any software available on or through the Website in violation of the export control laws and regulations of the United States of America. Any unauthorized use of the Website or the Information is prohibited.
“Trades of Hope” and our other titles, trade names, service marks and logos appearing on the Website are our property. The use of any of our titles available is strictly prohibited, except as expressly provided by these Terms.
2. Your Information
3. When You Register
You may be required to register with us in order to access certain areas of the Website, for example, to purchase our products or otherwise initiate Transactions (as defined below). With respect to any registration, we may refuse to grant you, and you may not use, a user name or email address that:
- belongs to or is already being used by another person;
- may be construed as impersonating another person;
- violates the intellectual property or other rights of any person;
- is offensive; or
- we reject for any other reason in our sole discretion.
You are responsible for maintaining the confidentiality of any password you use to access the Website. You agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to the Website, to any third party. You are fully responsible for all Transactions (including any information transmitted in connection with any Transactions) and other interactions with the Website that occur in connection with your user name. You agree to immediately notify us of any unauthorized use of your password or user name or any other breach of security related to your account, your user name or the Website. You also agree that you will “log off” and exit from your account with the Website (if applicable) at the end of each session. We are not liable for any loss or damage arising from your failure to comply with any of these obligations.
4. How To Behave
We expect users of the Website to respect the law as well as the rights and dignity of others. While using the Website, you agree to comply with all applicable laws, rules and regulations. Your use of the Website is conditioned on your compliance with the rules of conduct below. Your failure to comply with these rules of conduct may result in termination of your access to the Website. You agree that you will not post, transmit, redistribute, upload, or promote any communications, content or materials that:
- contain corrupted files, viruses, or any other similar software files, the intent of which is to damage the operation of another’s computer;
- are unlawful, threatening, harassing, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, sexually explicit, hateful, profane, indecent, racially or ethnically derogatory, or otherwise objectionable;
- contain chain letters
- contain any unsolicited advertising, promotional materials, or other forms of solicitation to other users, individuals or entities;
- impersonate any person, business or entity, including our company and our employees, CEs and agents;
- encourage conduct that would constitute a criminal offense;
- give rise to civil liability;
- otherwise violate any law; or
- in doing so, amounts to any conduct that, in our judgment, restricts, impairs, interferes or inhibits any other user from using or enjoying the Website or our related services and products.
Additionally, you acknowledge and agree that you (and not us) are responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment, and services needed to access and use the Website, and for paying all charges related to using the Website.
5. Chances to Win and Similar Promotions
Any sweepstakes, contest, or similar promotion made available through the Website may be governed by specific rules that are separate from these Terms. By participating in any sweepstakes, contest, or promotion, you agree to become subject to those rules, which may vary from the terms and conditions contained in these Terms. We urge you to read the applicable rules, if any, which will be linked from the sweepstakes, contest, or promotion.
6. Buying From Us.
We reserve the right, with or without prior notice, to:
- change product or service descriptions, images and references;
- limit the available quantity of any product or service;
- honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code, incentive offer or other promotion;
- prevent or prohibit any user or customer from making any or all Transaction(s); and/or
- refuse to provide any user or customer with any product or service.
The price and availability of any product or service offered through the Website are subject to change without notice, and we will not be responsible for errors in the prices or descriptions of any products or services. Refunds and exchanges will be subject to our refund and exchange policies in effect at the time the Transaction is made. You agree to pay all charges that may be incurred by you or on your behalf through the Website, at the price(s) in effect when the charges are incurred, including without limitation all shipping and handling charges. You are also responsible for any taxes that may be applicable to your Transactions.
7. We serve U.S. Customers Only
We control and operate the Website from our offices located in the State of Florida, United States of America. The Website is not intended to subject us to the laws or jurisdiction of any state, country or territory other than those of the United States. Unless otherwise specified, the materials made available through the Website are presented solely for the purpose of providing services and promoting products available in the United States. We make no representation or warranty that the Website, or any products, services, or materials made available through the Website, are appropriate or available for use in other locations. Those who choose to access the Website from other locations do so on their own initiative and at their own risk and are responsible for compliance with local laws, rules and regulations, if and to the extent local laws, rules or regulations are applicable.
8. Our compassionate entrepreneurs and their Personalized Sites
Trades of Hope compassionate entrepreneurs are our independent third party contractors and are not otherwise affiliated with us. We are not responsible or liable for the statements, acts or omissions of Trades of Hope compassionate entrepreneurs, whether through or in connection with the Website, “offline,” or otherwise. Without limiting the foregoing, we enable Trades of Hope compassionate entrepreneurs to create personalized online sites that contain Trades of Hope branding and content and that may share URLs with our Websites. You acknowledge and agree that we have no control over, and are not responsible or liable for, any text, images, or other information or materials posted by Trades of Hope compassionate entrepreneurs to such personalized online sites or any customizations made by Trades of Hope compassionate entrepreneurs to such personalized online sites (such information, materials, and customizations) or any materials communicated by a compassionate entrepreneur to you. We have not taken any steps to confirm the accuracy or reliability of any such information or other materials communicated by a Trades of Hope compassionate entrepreneur to you, and we make no representations or warranties as to the security of any communications between you and any Trades of Hope compassionate entrepreneur
THE WEBSITE, THE MATERIALS, THE CONTENT AND THE RELATED SERVICES AND PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ANY REPRESENTATIONS OR WARRANTIES REGARDING THE WEBSITE, THE MATERIALS, THE CONTENT AND THE RELATED SERVICES AND PRODUCTS, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE MAKE NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF ANY MATERIAL ON OR ACCESSIBLE THROUGH THE WEBSITE. ANY RELIANCE ON OR USE OF THESE MATERIALS IS AT YOUR SOLE RISK. WE MAKE NO REPRESENTATION OR WARRANTY:
- REGARDING THE STATEMENTS, ACTS OR OMISSIONS OF ANY TRADES OF HOPE COMPASSIONATE ENTREPRENEURS;
- THAT WEBSITE WILL BE AVAILABLE ON A TIMELY BASIS, OR THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, ERROR FREE OR SECURE;
- THAT DEFECTS OR ERRORS WILL BE CORRECTED;
- THAT USE OF THE WEBSITE WILL PROVIDE SPECIFIC RESULTS; OR
- THAT THE WEBSITE OR THE SERVERS OR NETWORKS THROUGH WHICH THEWEBSITE ARE MADE AVAILABLE ARE SECURE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
While we try to maintain the integrity and security of the Website through SSL technology, and the servers from which the Website is operated, the Website may include inaccuracies, errors and materials that violate or conflict with these Terms. Additionally, third parties may make unauthorized alterations to the Website. If you become aware of any unauthorized third party alteration to the Website, contact us at [email protected] with a description of the materials at issue and the URL or location on the applicable Website where these materials appear.
10. Limitation of Liability
IN NO EVENT SHALL TRADES OF HOPE, ITS SUBSIDIARIES OR AFFILIATES, OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, MEMBERS, MANAGERS, DIRECTORS, AGENTS OR REPRESENTATIVES (THE FOREGOING ENTITIES, COLLECTIVELY, THE “TRADES OF HOPE ENTITIES”) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF:
- THESE TERMS;
- THE WEBSITE;
- YOUR USE OF OR INABILITY TO USE THE WEBSITE; OR
- THE ACTS OR OMISSIONS OF TRADES OF HOPE COMPASSIONATE ENTREPRENEURS,IN EACH EVENT, EVEN IF TRADES OF HOPE OR SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THESE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. WE ARE NOT RESPONSIBLE FOR ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SUBMISSIONS, TRANSMISSIONS OR DATA OR FOR ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED. WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY (INCLUDING WITHOUT LIMITATION TRADES OF HOPE COMPASSION ENTREPRENEUR), OR ANY INFRINGEMENT BY A THIRD PARTY OF ANOTHER’S INTELLECTUAL PROPERTY, PRIVACY OR OTHER RIGHTS. IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN AGREEMENT, TORT OR OTHERWISE) ARISING FROM OR RELATED TO THESE TERMS, THE WEBSITE, OR YOUR USE OF OR INABILITY TO USE THE WEBSITE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING OR ACCESSING THE WEBSITE.
You will indemnify and hold the Trades of Hope Entities harmless from and against any and all claims, actions, demands, causes of action and other proceedings arising from or related to any of the following (the “Claims”):
- your use of, inability to use, or activities in connection with the Website;
- any violation of these Terms or any other Trades of Hope terms, conditions or policies byyou or through any account you may have with the Website;
- any Transaction;
- any allegation that any submission or other materials that you make available throughthe Website infringe or otherwise violate the intellectual property, privacy, or other rights of any third party; or
- your violation of any rights of any Website visitor, user, or customer, or any other thirdparty.
You agree to reimburse the Trades of Hope Entities on demand for any damages, losses, costs, judgments, fees, fines and other expenses they incur (including attorneys’ fees and court costs) as a result of any Claims.
12. Termination and Enforcement
These Terms are effective until we terminate them. You agree that we, at our sole discretion, may terminate your access to or use of the Website, at any time and for any reason. Upon any such termination, your right to use the Website will immediately cease. You agree that any termination of your access to or use of the Website may be effected without prior notice, and that we may immediately deactivate or delete any user name and/or password you used or provided, and all related information and files associated therewith, and/or bar any further access to such information or files. You agree that we will not be liable to you or any third party for any termination of your access to the Website or to any such information or files, and will not be required to make such information or files available to you after any such termination. We reserve the right to takes steps that we believe are necessary or appropriate to enforce and/or verify compliance with these Terms (including without limitation in connection with any legal process relating to your use of the Website and/or a third party claim that your use of the Website is unlawful or violates such third party’s rights).
13. Information or Complaints
There are no charges to consumers for use of the Website, other than the cost of any products or services purchased therein and any applicable taxes, shipping fees, and other charges associated with such purchases. We reserve the right to change our pricing. Please feel free to contact us to resolve a complaint regarding any aspect of our service by writing to the address here or sending an email to [email protected]. Upon your request, you may have these Terms sent to you by e-mail.
14. Governing Law
These Terms are governed by the laws of the State of Florida, without giving effect to its conflict of laws provisions. You hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the state and federal courts located in Palm Coast, Florida, for any action, suit or proceeding arising out of or relating to these Terms or your use of the Website, including related services or products.
15. General Information
These Terms constitute the entire agreement between you and us and governs your use of the Website, superseding any prior agreements between you and us regarding the Website. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, then you agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms will remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
16. Trades of Hope SMS Messaging Terms & Conditions
Effective Date: This SMS message program is a service of tradesofhope.com. By providing your cell phone number, you agree to receive recurring automated promotional and personalized marketing text messages (e.g., SMS/MMS cart reminders, sale notices, etc) from tradesofhope.com. These messages include text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. You give tradesofhope.com permission to send text messages to the enrolled cell phone number through your wireless phone carrier, unless and until you end permission per these Terms & Conditions. Consent to receive automated marketing text messages is not a condition of any purchase. Message & data rates may apply.
Message frequency may vary. tradesofhope.com reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. tradesofhope.com also reserves the right to change the short code or phone number from which messages are sent and we will notify you if we do so.
Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. tradesofhope.com, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages.
Text the keyword STOP, STOPALL, END, CANCEL, UNSUBSCRIBE or QUIT to the telephone number, long code, or short code that sends you our initial confirmation message to cancel. After texting STOP, STOPALL, END, CANCEL, UNSUBSCRIBE or QUIT to the telephone number, long code, or short code that sends you our initial confirmation message you will receive one additional message confirming that your request has been processed. If you change your preferences, it may take up to 48 hours for it to take effect. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, STOPALL, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands and agree that
and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from tradesofhope.com through any other programs you have joined until you separately unsubscribe from those programs.
Help or Support
Text the keyword HELP to the telephone number, long code, or short code that sends you our initial confirmation message to receive a text with information on how to unsubscribe.
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT THE MESSAGING PROGRAM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.
Limitation of Liability
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, YOU AGREE THAT IN NO EVENT SHALL EITHER OF tradesofhope.com OR ANY PARTY ACTING ON BEHALF OF tradesofhope.com BE LIABLE FOR: (A) ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AGGREGATE AMOUNT EXCEEDING THE GREATER OF THE AMOUNT YOU PAID TO tradesofhope.com HEREUNDER OR $100.00; OR (B) ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR ANY OTHER DAMAGES. YOU AGREE EVEN IF tradesofhope.com HAS BEEN TOLD OF POSSIBLE DAMAGE OR LOSS ARISING OR RESULTING FROM OR IN ANY WAY RELATING TO YOUR USE OF THE tradesofhope.com MESSAGING PROGRAM. tradesofhope.com AND ITS REPRESENTATIVES ARE NOT LIABLE FOR THE ACTS OR OMISSIONS OF THIRD PARTIES, INCLUDING BUT NOT LIMITED TO DELAYS OR NON-DELIVERY IN THE TRANSMISSION OF MESSAGES.
To the maximum extent allowed by applicable law, you agree to indemnify, defend and hold harmless tradesofhope.com, its directors, officers, employees, servants, agents, representatives, independent contractors and affiliates from and against any and all claims, damages, liabilities, actions, causes of action, costs, expenses, including reasonable attorneys’ fees, judgments or penalties of any kind or nature arising from or in relation to the these Messaging Terms or your receipt of text messages from tradesofhope.com or its service providers.
- General. Any dispute or claim arising out of or in any way related to these Messaging Terms or your receipt of text messages from tradesofhope.com or its service providers whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of when a dispute or claim arises will be resolved by binding arbitration. YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THESE MESSAGING TERMS, YOU AND tradesofhope.com ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THESE MESSAGING TERMS SHALL BE SUBJECT TO AND GOVERNED BY ARBITRATION.
- Exceptions. Notwithstanding subsection (a) above, nothing in these Messaging Terms will be deemed to waive, preclude, or otherwise limit the right of you or tradesofhope.com to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (iv) file suit in a court of law to address an intellectual property infringement claim.
- Arbitrator. Any arbitration between you and tradesofhope.com will be governed by the JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
- No Class Actions. YOU AND tradesofhope.com AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and tradesofhope.com agree otherwise in a signed writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. You agree that, by agreeing to these Messaging Terms, you and tradesofhope.com are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind.
- No Class Actions. YOU AND tradesofhope.com AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and tradesofhope.com agree otherwise in a signed writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
- Modifications to this Arbitration Provision. Notwithstanding anything to the contrary in these Messaging Terms, if tradesofhope.com makes any future change to this arbitration provision, you may reject the change by sending us written notice within 30 days of the change to tradesofhope.com’s contact information provided in the “Contact Us” section below, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and tradesofhope.com.
- Enforceability. If any provision of these Messaging Terms is found to be unenforceable, the applicable provision shall be deemed stricken and the remainder of these Messaging Terms shall remain in full force and effect.
Changes to the Messaging Terms
We reserve the right to change these Messaging Terms or cancel the messaging program at any time. By using and accepting messages from tradesofhope.com after we make changes to the Messaging Terms, you are accepting the Messaging Terms with those changes. Please check these Messaging Terms regularly.
These Messaging Terms, together with any amendments and any additional agreements you may enter into with us in connection herewith, will constitute the entire agreement between you and tradesofhope.com concerning the Messaging Program.
Please contact us with any inquiries or concerns at [email protected] or write to us at: Trades of Hope, 4601 E Moody Blvd, Ste K6, Bunnell, FL 32110.
No agency, partnership, joint venture, or employment is created as a result of these Terms. You do not have any authority of any kind to bind us in any respect whatsoever. The failure of either party to exercise in any respect any right provided for in these Terms will not be deemed a waiver of any other rights under these Terms. We will not be liable for any failure to perform our obligations under these Terms if the failure results from any cause beyond our reasonable control, including without limitation, mechanical, electronic, or communications failure or degradation. You may not assign, transfer, or sub-license these Terms without our prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
If you have any questions, please contact us at [email protected], Or the below address:
Trades of Hope
4601 E Moody Blvd Suite K-6
Bunnell, FL 32110