Last updated: January 1, 2019
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”, or “Agreement”) carefully before using the https://www.govtrader.co website (the “Site”) operated by Govtrader Advertising, LLC (“GovTrader”, "us", "we", or "our"). These Terms and Conditions are a legal contract between you and us. You acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement.
You are solely responsible for the information associated with Your Account and anything that happens related to Your Account. You must maintain the security of your Account and promptly notify GovTrader if you discover or suspect that someone has accessed your Account without your permission. We recommend that you use a strong password that is used only with the Site.
You agree you will not license, sell, or transfer your Account without our prior written approval.
Our site allows you to post, link, store, share, and otherwise make available certain information, text, graphics, videos, or other material relating to the sale of equipment owned by a Municipality (the “Listing”). You retain all rights and ownership in your content. GovTrader does not claim any ownership rights in your content except as described below. If You intend to sell more than one (1) piece of equipment, you must purchase a Listing for each individual item of equipment that You will sell on GovTrader.
This Site is only a venue. We are not involved in the actual transaction between a buyer and a seller. Accordingly, we have no control over the quality or safety of the equipment advertised, the truth or accuracy of the listing, the ability of sellers to sell items or the ability of buyers to buy items. We cannot and do not control whether or not sellers will complete the sale of items they offer. We cannot and do not control whether or not buyers will complete the purchase of items. In addition, note that there are risks of dealing with people acting under false pretenses. Because we do not and cannot control the actions of others, in the event that you have a dispute with one or more users, you release, Govtrader Advertising, LLC (and our agents and employees and any third party partners and/or licensees) 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. For legal reasons, we cannot nor do we try to control the information provided by other users which is made available through our system. GovTrader accepts PayPal, Discover,American Express, Master Card, and Visa. If You choose the “Bill Me Later” option when prompted for payment, You will receive a written invoice via e-mail containing the terms and conditions of Your purchase on the Site. Payments shall be made within thirty (30) days of the Listing purchase. You shall pay to GovTrader, a late fee of one and half percent (1.5%) if GovTrader does not receive payment within the aforementioned thirty (30) day period.
Eligibility for Listings
Listings for equipment to be sold on our Site may only be posted by a single urban or administrative division having corporate status and powers of self-government or jurisdiction as granted by federal and state laws to which it is subordinate (“Municipality”). Each Listing is in U.S. Dollars (the “Listing Fee”) per Listing and no Listing shall be published without payment of the Listing Fee to GovTrader. Each Municipality posting Listings will provide GovTrader with proof of such entity’s municipal status by way of providing their employer identification number (“EIN”) with an address that corresponds with the Municipality’s EIN. Prior to posting a Listing, GovTrader reviews each Listing on the Site for unlawful content and to confirm each Municipality’s status and the EIN provided by the municipal entity; however, this verification process may take up to 72 hours so a Listing may not be visible on the Site until said Listing is approved by GovTrader in its sole discretion. If GovTrader, in its sole discretion, chooses not to approve the posting of a Listing to the Site, You will be reimbursed the Listing Fee. You will be permitted to suspend a Listing at any time; however, the Listing Fee will only be reimbursed if the Listing has not been published to the Site. You are solely responsible for informing GovTrader if any equipment in a Listing posted on the Site has been sold. GovTrader is not directed at people under the age of 13 and people under the age of 18 are not allowed to create an account on this Site. GovTrader does not knowingly collect any personal information from such people. If you know that a user under the age of 13 is accessing GovTrader, please contact us. Additionally, if you are in the European Economic Area, you must be over the age required by the laws of your country to create an account or otherwise use the Site, or we need to have received verifiable consent from your parent or legal guardian. You acknowledge that Govtrader shall not be responsible for the transportation of any equipment sold on the Site.
You agree that the GovTrader Site, including but not limited to GovTrader products, graphics, user interface, audio clips, video clips, editorial content, and the scripts and software used to implement the site, contains proprietary information and material that is owned by GovTrader, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except in compliance with this Agreement. No portion of GovTrader may be reproduced in any form or by any means, except as expressly permitted in these terms. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on GovTrader in any manner, and you shall not exploit the site in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity. You agree not to use any intellectual property appearing on our site without the prior written consent of the owner of the intellectual property. By submitting content to or through our Site, you grant us the non-exclusive right to reproduce, modify and distribute it as we see fit in any medium and for any purpose in any form, media, or technology now known or later developed. You agree that you have the right to submit anything you post on the Site, and that your content does not violate the copyright, trademark, trade secret, or any other personal or proprietary right of any other party. If non-original content is included in your posting, you must obtain permission from the content owner and attribute it. If you are an owner of intellectual property who believes your intellectual property has been improperly posted or distributed via this website, please notify us by sending an e-mail to firstname.lastname@example.org or by sending a notice by U.S. Mail to:
GovTrader Advertising LLC
PO BOX 34
Cattaraugus, NY 14719
License to Your Content
Even though we don’t claim ownership of your content, we do need certain licenses to your content in order to operate and enable the Site. When you upload or submit content to our Sites, you grant GovTrader (and our parents and affiliates) a worldwide license to communicate, distribute, distribute, host, make modifications or derivative works (solely for the purpose of better showcase of your work), publicly perform, publish, reproduce, store, and use such content. The license granted by you is only for the purpose of operating, marketing, promoting, and improving our Site.
Links to Other Web Sites
Our Site may contain links to third-party web sites or services that are not owned or controlled by GovTrader.
GovTrader has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that GovTrader shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services. You agree to take sole legal responsibility for any Listings you post.
As a condition of use, you are solely responsible for the content of the Listings that you post and you promise not to use the Site for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by GovTrader. By way of example, and not as a limitation, you agree not to use the Site:
- To abuse, harass, threaten, impersonate, or intimidate any person.
- To post, transmit, or cause to be posted or transmitted, any content that is libelous, defamatory, obscene, pornographic, abusive, offensive, profane, or that infringes any copyright or other right of any person.
- For any purpose, including posting or viewing content, that is not permitted under the laws of the jurisdiction where you use the Site.
- To post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any GovTrader user.
- To create or transmit unwanted ‘spam’ to any person or any URL.
- To create multiple accounts for the purpose of ‘spamming’ any account or place.
- To post copyrighted content which doesn’t belong to you. (See the Digital Millennium Copyright Act (“DMCA”) for more information).
- To use any robot, spider, scraper, or other automated means to access the site for any purpose without our express written permission.
- To take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our infrastructure, interfere or attempt to interfere with the proper working of the Site or bypass any measures we may use to prevent or restrict access to the Site.
- To create posts for the purpose of giving or receiving money or other compensation in exchange for posts, or for participating in any other organized effort that artificially alters the results of Site.
- To advertise, or to solicit, any user to buy or sell any products or Sites, or to use any information obtained from the Sites in order to contact, advertise, or sell to any other user without their prior explicit consent.
- To promote or sell content of another GovTrader user.
You represent and warrant that You shall comply with all applicable laws and regulations, including but not limited to, government procurement policies or local laws in your applicable jurisdiction pertaining to the sale of equipment owned by a Municipality.
Changes To These Terms and Conditions
These Terms are effective as of October 1, 2018 and will remain in effect except with respect to any changes in its provisions in the future, which will be in effect immediately after being posted on this page.
We reserve the right to update or change our Terms at any time and you should check this page periodically. Your continued use of the Site after we post any modifications to the Terms on this page will constitute your acknowledgment of the modifications and your consent to abide and be bound by the modified Terms and Conditions.
If we make any material changes to these Terms, we will provide you with advance notice either through the email address you have provided us, or by placing a prominent notice on our website. What constitutes a material change will be determined at our sole discretion.
This Agreement is the entire agreement between you and us concerning GovTrader. It supersedes all prior or contemporaneous agreements between You and Us.
Right to Terminate
Govtrader Advertising, LLC reserves the right, in its sole discretion, to change, limit, or discontinue any aspect, content, or feature pertaining to the use of the Site.
PLEASE READ THE FOLLOWING VERY CAREFULLY. EACH OF THE FOLLOWING SECTIONS APPLIES TO THE MAXIMUM EXTENT PERMITTED BY LAW. WHERE JURISDICTIONS DO NOT ALLOW DISCLAIMERS OF IMPLIED WARRANTIES OR THE LIMITATION OF LIABILITY IN CONTRACTS, THE CONTENTS OF THIS SECTION MAY NOT APPLY.
All the things you do and all the Listings you submit or post on our Site remain your responsibility. Specifically, you agree to hold GovTrader, its affiliates, officers, directors, employees, agents, and third party service providers harmless from and defend them against any claims, costs, damages, losses, expenses, and any other liabilities, including attorneys’ fees and costs, arising out of or related to your access to or use of GovTrader, your violation of this Agreement, your violation of any state and local laws relating to the sale of equipment owned by a Municipality, and/or your violation of the rights of any third party or person.
Disclaimer Of Warranties
GOVTRADER IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR AFFILIATES AND THIRD PARTY SERVICE PROVIDERS DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING (BUT NOT LIMITED TO) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL OR ELECTRONIC. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR MOBILE DEVICE, LOSS OF USE, OR LOSS OF YOUR USER CONTENT. WE DO NOT GUARANTEE THAT GOVTRADER WILL ALWAYS WORK PROPERLY. GOVTRADER ADVERTISING, LLC DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR GUARANTEES AS TO THE QUALITY, SUITABILITY, ACCURACY, OR COMPLETENESS OF ANY OF THE EQUIPMENT ADVERTISED ON THE LISTINGS ON THIS SITE.
Limitation Of Liability
WE WILL NOT BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES, WHETHER IN TORT, CONTRACT, OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT OR YOUR USE OF OR ATTEMPT TO USE GOVTRADER, INCLUDING (BUT NOT LIMITED TO) DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA. THIS LIMITATION ON LIABILITY SHALL NOT BE AFFECTED EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
YOU AGREE TO RELEASE US, OUR AFFILIATES, AND THIRD-PARTY SERVICE PROVIDERS, AND EACH ASSOCIATED DIRECTOR, EMPLOYEE, AGENTS, AND OFFICERS, FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL), OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR USE OF GOVTRADER.
The headings in these Terms are for convenience and do not control any of its provisions.
This Agreement shall be governed and construed in accordance with the laws of the State of New York. Any dispute, action, or claim arising out of this Agreement shall be adjudicated in a court of competent jurisdiction located with Erie County, New York.
Severability And Enforcement
If any provision of these Terms is held invalid or unenforceable, that provision will be modified to the extent necessary to render it enforceable without losing its intent. If no such modification is possible, that provision will be severed from the rest of these Terms.
If we do not enforce any right or provision in these Terms, that is not to be deemed a waiver of our right to do so in the future.
If you have any questions about these Terms, please contact us.