OnTrade Travel LLC, http://www.ontrade.com,
Effective May 17, 2011
OnTrade Travel, LLC, 4944 South Le Jeune, Suite 101, Coral Gables, Florida 33146
USA
OnTrade Travel LLC Membership Agreement
This Membership Agreement (the "Agreement") is effective as of May 17, 2011 by and
between OnTrade Travel LLC, ("OTT"), accessed via www.ontrade.com or any other entity
under the control of OTT, or wholly owned by OTT, and directed at www.ontrade.com,
with a business address of 4944 South Le Jeune, Suite 101, Coral Gables, Florida
33146, USA, and all current and future members of OTT (the "Member" or "Members").
By accessing or using the www.ontrade.com website or by selecting "I Accept"
during the membership registration, Member represents that he/she has read, understood
and agreed to be bound by the terms and conditions of this Agreement, and the User
Agreement, Privacy Policy, Return Policy and Copyright Policy found at www.ontrade.com,
that are hereby incorporated by reference and made part of this Agreement.
1. Nature of the Service
OTT is a B2B social network facilitating the exchange of personal and company information
between people and companies. This social network shall include reading the profile
pages of other Members and possibly even contacting them. OTT provides to its Members
benefits such as, but not exclusive to: B2B Social Network, email and chat and appointment
functionality. OTT works like an online community of Internet users.
2. User Registration and Information
Member shall fill in the correct information requested in the User Registration
form on the site. Moreover, Member shall be required to promptly update the User
Information on the site. It is always the responsibility of the Member to ensure
that the information that is displayed on the Member Page is accurate and current.
Member shall select a username and password during the User Registration process
and shall be responsible for: a) all use of the Site made by the Member’s username
and password, and b) maintaining the confidentiality of the Member’s username and
password.
3. Content
The Content includes messages and other materials posted to forums, groups or other
locations on the Site by the Members (the "Content"). Member is deemed to grant
OTT the nonexclusive right to post, display, copy, and modify the Content in connection
with the operation of the Site and OTT's business. Further, the Member is deemed
to grant OTT the non-exclusive right to post, display, copy, and sell the Content
within the limitations set by the Member during the online publishing process. Member
is also deemed to authorize OTT to disclose his/her personal data when the Member
includes such personal data in the Content. Moreover, Member is deemed to authorize
OTT to publish a public profile to the public Internet, including portions of Member's
profile with OTT, such as Member's name but not Member's email address or phone
number.
4. Release
If the Member has a dispute with one or more other Members, the Member shall release
OTT (and its officers, directors, agents, subsidiaries, joint ventures and employees)
from claims, demands and damages (actual and consequential) of every kind and nature,
known and unknown, arising out of or in any way connected with such disputes.
5. Privacy
OTT shall not sell or rent Member's personal information to third parties without
Member’s explicit consent. OTT shall store and process Member's information on computers
located in the United States that are protected by physical as well as technological
security devices and OTT shall be permitted to access and modify Member's information.
OTT is permitted, according to the terms of the Privacy Policy, to contact Members.
6. Indemnity
Member shall indemnify and hold OTT (and its officers, directors, agents, subsidiaries,
joint ventures and employees) harmless from any claim or demand, including reasonable
attorneys' fees, made by any third party due to, or arising out, of Members breach
of this Agreement, or Members violation of any law or the rights of a third party.
7. No Agency
No agency, partnership, joint venture, employee-employer or franchiser-franchisee
relationship is intended or created by this Agreement.
8. Terminating Membership
A Member may choose to retire or delete their published content from OTTs site so
that is no longer available or visible. The Terms of this Agreement regarding the
status of the uploaded content shall remain applicable if the Member chooses to
terminate the membership. Contents posted to the site, or to sites wholly owned
by OTT and available to non-members of OTT, and which may include publicly available
informationother than the published content, shall not be deleted or retired as
a result of the Members termination.
Pursuant to the User Agreement, Member's termination shall be effective upon OTT's
processing of Member's termination notice.
Upon termination of this Agreement, pursuant to the Return Policy, Member shall
be responsible for the whole applicable monthly or annual subscription fees in which
the termination of this Agreement takes place. All fees are nonrefundable and there
shall be no refunds or credits for partially used periods.
9. Force Majeure
If events beyond the reasonable control of OTT including but not limited to, acts
of God, war, strikes, government regulation, civil disturbances or terrorism make
it legally impracticable, illegal, or impossible to perform the duties covered under
this Agreement, OTT may terminate this Agreement, without liability, upon written
notice.
10. Governing Law
This Agreement shall be construed under and governed in accordance with the laws
of the State of Florida.
11. Arbitration.
Any dispute arising under this contract shall be resolved under the commercial arbitration
rules of the American Arbitration Association, to be held in Miami, Florida, in
English, and with arbitration costs and reasonable documented attorneys' costs of
both parties to be borne by the party that ultimately looses.
12. Limitation of Liability
Member shall not hold OTT responsible for other user Members content, actions or
inactions.