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Terms of Service for Users of Trade Hounds Website & Mobile Applications

Effective 2/28/2024 | View Archived Versions

Trade Hounds provides a social networking web application and mobile application related to the construction industry (the “Application”). These Terms of Service, together with any documents expressly incorporated by reference, including our Privacy Policy and the Community Guidelines (collectively, the “Terms”) govern your use of the Application.

All references to “you” or “your”, as applicable, mean the person who accesses, uses and/or participates in the Application in any manner, and each of your heirs, assigns, and successors. If you use the Application on behalf of an entity, organization, or company, then you represent and warrant that you have the authority to bind that entity to these Terms. If you use the Application on behalf of an entity, then your acceptance of the Terms will be deemed an acceptance by that entity, and “you” and “your” herein shall refer to that entity.

The Application is offered to you conditioned upon your acceptance of the terms, conditions, and notices set forth in these Terms and in our Privacy Policy. By accessing or using the Application, you agree that you have read, understand, and agree to be bound by these Terms and our Privacy Policy.

We reserve the right to modify these Terms at any time. All changes will be effective immediately upon posting to the Application and, by accessing or using the Application after changes are posted, you agree to be bound by those changes. Material changes will be prominently posted on the Application or otherwise communicated to you.

By downloading, installing, or otherwise accessing or using the Application, you agree that you have read, understood, and agree to be bound by these Terms. If you do not agree, then you may not use the Application.

1. License to the Application

Subject to your compliance with these Terms, Trade Hounds hereby grants you a limited, non-sublicensable, non-transferable, and revocable license to access and use the Application on compatible devices that you own or control, solely for your own use, and only in a manner that complies with all legal requirements that apply to you or your use of the Application. Trade Hounds may revoke this license at any time, in its sole discretion. Trade Hounds reserves all rights not expressly granted to you.

You may not modify, alter, reproduce, distribute, or make the Application available over a network where it could be use by multiples devices at the same time. You may not rent, lease, lend, sell, redistribute, or sublicense the Application. If you breach these license restrictions, or otherwise exceed the scope of the license granted in these Terms, then you may be subject to prosecution and legal damages, as well as liability for infringement of intellectual property rights. These Terms will govern any updates to the Application, unless the update is accompanied by a separate license in which case the terms of that license will govern.

1. Your Warranties. As a condition of your access and use of the Application, you represent and warrant that:

    • You have the legal authority to: enter into these Terms; use and/or contribute to the Application, as applicable; and bind any entity that you represent;
    • You are under no contractual obligation that will interfere with your ability to perform under these Terms;
    • You will not access or use the Application in any manner not permitted by these Terms;
    • You will perform your obligations and exercise your rights under these Terms in compliance with all applicable laws and regulations (including any applicable rules regarding online conduct);
    • All information you provide in connection with your access to or use of the Application is true, accurate, current, and complete;
    • You will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you;
    • You are 13 years of age or older (in some jurisdictions, local laws may have an older age requirement) in order to register for an account, use the services, and contribute to the Application.

2)    Acceptable Use of the Application.

The Application is provided solely to: assist customers in gathering information, review Application Content, and search for and book services. You will NOT, nor will you permit any other person to:

  • Violate, or encourage others to violate, the rights of any third party, including by infringing or misappropriating any third-party intellectual property right related to the Application, or otherwise engage in the unauthorized use of any proprietary content, information, or materials on the Application;
  • Create multiple accounts on the Application or use another individual’s account to access the Application;
  • Unless expressly permitted, alter, modify, create derivative works of, sell, license, or in any way exploit any part of the Application, and you agree not to copy, reproduce, distribute, publish, display, perform, transmit, stream, or broadcast any part of the Application without prior written authorization;
  • Bypass any security or other features of the Application designed to control the manner in which the Application is used, harvest, or mine content from the Application, or otherwise access or use the Application any manner inconsistent with individual human use;
  • Use the Application to perform any fraudulent activity, including impersonating any person or entity, or access any other Application account without permission;
  • Decipher, reverse engineer, decompile, or disassemble the Application, or the software used to provide the Application, in whole or in part, or authorize, direct, or cause a third party to do so;
  • Use, display, mirror, frame, or utilize framing techniques to enclose the Application, or any portion thereof, unless and solely to the extent Trade Hounds makes available the means for embedding any part of the Application;
  • Access, tamper with, or use non-public areas of the Application, Trade Hounds’ (and its hosting company’s) computer systems and infrastructure, or the technical delivery systems and infrastructure, or the technical delivery systems of Trade Hounds’ providers;
  • Use any robot, spambot, spider, crawler, scraper, or other automated means or interface not provided by Trade Hounds to access the Application or to extract data;
  • Use the Application in any manner to harass, abuse, stalk, threaten, defame, or otherwise infringe or violate the rights of any other party, and that Trade Hounds is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive, or illegal messages or transmissions that you may receive as a result of using the Application; or Introduce viruses, time-bombs, worms, cancelbots, trojan horses, and/or harmful code into the Application.


3. Your Account.

You must have an account with Trade Hounds in order to log in the customer portal section of the Application (where that option is available). Authorized users of Trade Hounds must be assigned login credentials by Trade Hounds or a team representative before they can log in to the customer account. Upon receiving authorization, You must input your login credentials on the Application. Authorized users will be required to submit certain information (including at least Your phone number or email address) and to establish a username and password in order to set up (or activate) your account. By submitting such certain information, you grant Trade Hounds permission to use such information as set forth herein. You are responsible for maintaining the confidentiality of any information you use in connection with your customer account or the Application, including your password. You are responsible for all activity on your account. If you believe someone else has accessed your account, please change your password and notify us immediately as set forth below. You must also notify us immediately if you are contacted by anyone requesting your username or password.

4. Ownership

The Application, including its text, links, graphics, photos, audio, videos, charts, interfaces, icons, software, computer code, data, trademarks, logos, slogans, names of products, and services, documentation, other components and content, and the design, selection, and arrangement of content (collectively, “Application Content”) are exclusively the property of Trade Hounds or, as applicable, its suppliers and licensors, and are protected by copyright, trademark, and other intellectual property laws. Any unauthorized use of the Application Content or any other intellectual property rights belonging to Trade Hounds or any third party is prohibited and may be prosecuted to the fullest extent of the law.

No licenses or other rights, express or implied, are granted by Trade Hounds to you under any patent, copyright, trademark, trade secret, or other intellectual property right of Trade Hounds, except as expressly set forth herein, and all such rights are reserved and retained by Trade Hounds. Copying, transmission, reproduction, replication, posting, or redistribution of (a) Application Content or any portion thereof and/or (b) the Application more generally is strictly prohibited without the prior written permission of Trade Hounds. To request permission, please direct your request as set forth below.

Copyright © 2024 Trade Hounds, Inc. All rights reserved.

The Application Content is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. You agree to not engage in the use, copying, or distribution of any of the Application Content other than as expressly permitted herein. If you download or print a copy of the Application Content for personal use, then you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable, or otherwise interfere with security related features of the Application or features that prevent or restrict access, use, or copying of any Application Content or enforce limitations on use of the Application or the intellectual property therein.

The Application may contain, reference, and make available third-party content that is the property of their respective owners.

5. User Content, Feedback, and Other Submissions


You may be able to submit, post, upload, denote, or otherwise make available (collectively, “Post”) photographs, reviews, questions, comments, public messages, ideas, concepts, designs, inventions, feedback, and other content (collectively, “User Content”) (that may or may not be viewable by other users) through the Application. When you Post User Content on or through the Application, you thereby grant to Trade Hounds, its parents, subsidiaries, affiliates, and partners a non-exclusive, worldwide, royalty-free, sublicensable license to use, copy, distribute, reproduce, modify, edit, adapt, publicly display, archive, publish, publicly perform, make available, transmit, broadcast, sell, lease, translate, communicate to the public, disassemble, and create derivative works from such User Content, and your name, username, profile information, voice, image, likeness, and other identifying information contained in or related to such User Content, in any form, media, software, or technology of any kind now known or developed in the future, for any purpose whatsoever, including, without limitation, for developing, manufacturing, and marketing products. You hereby waive any moral rights you may have in your User Content.

You hereby grant Trade Hounds, its parents, subsidiaries, affiliates, and partners a non-exclusive, worldwide, royalty-free, sublicensable license to use any ideas, concepts, know-how, or techniques contained in User Content for any purpose whatsoever, without notice to, approval by, or compensation to you, including but not limited to developing, manufacturing, and marketing products or services incorporating such information.

The foregoing licenses granted in this section shall survive termination or expiration of the Application or your account. Notwithstanding the foregoing, our use of your personal data shall be governed by the Privacy Policy. In addition, you agree that any User Content you submit shall not contain any material that is, in the sole and absolute discretion of Trade Hounds, inappropriate, defamatory, false, obscene, violent, unlawful, or otherwise objectionable. Posting of any such content, in addition to any and all other rights and remedies available to Trade Hounds, may result in account suspension or termination.

TRADE HOUNDS may refuse or remove User Content in its sole discretion and without notice to you. However, TRADE HOUNDS shall have no obligation to monitor User Content, and you agree that neither TRADE HOUNDS nor our parents, subsidiaries, affiliates, employees, or agents will be liable for User Content or any loss or damage resulting from User Content. Notwithstanding the foregoing, TRADE HOUNDS reserves the right to monitor all activity conducted over the Application and anticipates that it will do so from time to time.

TRADE HOUNDS does not guarantee that User Content will be private, even if the User Content is in a password-protected area. Accordingly, you should not provide User Content that you want protected from others.

You represent and warrant that you have all rights necessary to grant to TRADE HOUNDS the license above and that none of your User Content is defamatory, violate any rights of third parties (including intellectual property rights or rights of publicity or privacy), or violate applicable law. No material is to be included in the Application unless the person or entity proposing to include it has full ownership or a valid written license allowing its inclusion.

You will not submit any User Content that allows identification (directly or through metadata) of the pertinent property, owner or physical location and will not make any submission that includes any objects beyond those directly illustrating your work. You shall defend, indemnify, and hold harmless Trade Hounds.

You acknowledge and agree that all User Content that you Post is your sole responsibility. You represent and warrant that you have acquired all rights to Post such User Content and grant the licenses set forth in this Section without violation of any third-party rights.

You understand that Trade Hounds does not control, and is not responsible for, User Content, and that by using the Application, you may be exposed to User Content from other users that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. User Content may contain typographical errors, other inadvertent errors, or inaccuracies.

Trade Hounds and its designees may or may not (but do not assume any obligation to), at Trade Hounds’ discretion, pre-screen User Content before its appearance on the Application. Trade Hounds reserves the right (but does not assume the obligation) in its sole discretion to reject, move, edit, or remove any User Content that is contributed to the Application. Trade Hounds may remove any User Content that violates these Terms or is otherwise objectionable in Trade Hounds’ sole discretion. You acknowledge and agree that Trade Hounds does not verify, adopt, ratify, or sanction User Content, and you agree that you must evaluate and bear all risks associated with your use of User Content or your reliance on the accuracy, completeness, or usefulness of User Content.

Trade Hounds accepts no responsibility for your recommendations. You acknowledge that other users may rely on your recommendations. You take all responsibility and liability for your recommendations and any reliance on your recommendations. You represent and warrant that your recommendations are accurate, complete, and truthful.

You will indemnify, defend, and hold harmless Trade Hounds for all claims resulting from User Content you Post. Trade Hounds reserves the right, at its own expense, to assume the exclusive defense and control of such disputes, and in such event, you will cooperate with Trade Hounds in asserting any available defenses.

6. No Reuse


Material appearing in, on, or in relation to the Application may not be reproduced or used for any purpose, except for the purpose provided in Section 1. YOU ARE NOT PROVIDED ANY LICENSE TO USE USER CONTENT. YOU REPRESENT AND WARRANT THAT YOU SHALL OBTAIN A LICENSE TO USE ANY USER CONTENT SUBMITTED TO THE APPLICATION.

7. Suspension and Termination of Access


Trade Hounds may, for any reason and in its sole discretion, suspend, deactivate, or terminate your use of the Application, and may terminate these Terms, without notice or liability, including if you breach these Terms or any related agreement with Trade Hounds, if you act in an abusive manner, or if you act in a manner inconsistent with applicable laws or regulations. You may terminate your account with Trade Hounds and terminate these Terms in the Profile Tab by opting to “delete” Your account in settings. Upon selecting to “delete” your account, Trade Hounds will immediately delete your account from public view. Any and all User Content shall be treated according to our Privacy Policy and applicable law.

8. No Warranty


Trade Hounds does not perform any due diligence and does not warrant any content, including without limitation, any job description, statements regarding compensation, benefits or working conditions or other job attributes or work environment, which appears through the Application or any service or product provided by anyone using the Application and users acquire no rights with respect to TRADE HOUNDS. All warranties, including warranties of merchantability, title, non-infringement, and fitness for a particular purpose, are expressly disclaimed by TRADE HOUNDS. Any warranties or commitments pertaining to products or services or jobs or engagements mentioned on this Application must be negotiated and addressed only with the pertinent provider or employer. TRADE HOUNDS shall have no responsibility for any action or omission of any user of the Application, whether an employer or otherwise. Users must use the Application and related services solely at their own risk.

9. Employers Are Independent; No Assurance of Employment


You understand and agree that Trade Hounds provides the Application connecting you with independent service providers (“Service Providers”). You acknowledge and agree that Trade Hounds does not itself provide any trade services, and has no responsibility or liability for the acts or omissions of any Service Provider. Service Provider is the retailer; the services offered by Trade Hounds pursuant to these Terms do not include any trade services. Trade Hounds does not and will not assess, guarantee, or be liable for the suitability, legality, or ability of any Service Provider. You agree that Trade Hounds is not responsible for the Service Providers’ service preparation, service safety, service performance, service accuracy, or compliance with applicable laws or regulations. Trade Hounds disclaims all responsibility and liability for acts or omissions by any Service Provider.

You agree that Trade Hounds does not and will not promise employment. You agree that Trade Hounds will not be involved in the selection of candidates for any position listed on the Application. Use of this Application provides no guarantee, whatsoever, that you will be hired.

You understand that Trade Hounds is not involved with any employer or any employer’s selection criteria. Trade Hounds does not guarantee the schedule or availability for conducting interviews by any employer and cannot vouch for the validity of the contact information provided to Trade Hounds. You understand that the employer is solely responsible for any and all questions, comments, or hiring decisions made. You understand that employers are responsible for any accommodations you need during the application process, in an interview, and/or during employment. You will look only to the applicable employer, and not Trade Hounds, for any employment-related questions, issues, claims, and harm.

10. Privacy Policy

Please review the Privacy Policy, which is hereby incorporated by reference and governs our use and collection of your information.

11. Application Availability; Changes to the Application


Any features, materials, or services made available through the Application are subject to availability. Trade Hounds may change the Application, including features, materials, and services made available through the Application, at any time without notice or liability.

12. Disclaimer; Release


TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION IS PROVIDED “AS IS,” “AS AVAILABLE,” WITH ALL FAULTS, AND WITHOUT ANY WARRANTY OF ANY KIND AND TRADE HOUNDS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE APPLICATION (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE), INCLUDING WITHOUT LIMITATION THOSE REGARDING AVAILABILITY, QUALITY, ACCURACY, MERCHANTABILITY, SUITABILITY, FITNESS FOR ANY USE OR PURPOSE, COMPATIBILITY WITH ANY STANDARDS OR USER REQUIREMENTS, TITLE, AND NONINFRINGEMENT, AS WELL AS ANY ARISING BY OPERATION OF LAW OR FROM A COURSE OF DEALING OR USAGE IN TRADE.

TRADE HOUNDS DOES NOT WARRANT OR GUARANTEE THE QUALITY, COMPLETENESS, TIMELINESS, OR AVAILABILITY OF THE APPLICATION, NOR DOES TRADE HOUNDS WARRANT OR GUARANTEE THAT ANY DATA, INFORMATION, OR MATERIAL ON THE SITE IS ACCURATE, RELIABLE, OR COMPLETE. TRADE HOUNDS DOES NOT WARRANT OR GUARANTEE THAT AVAILABILITY OF THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS IN THE SITE WILL BE CORRECTED, OR THAT THE APPLICATION OR THE SERVERS THAT MAKE THE APPLICATION AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL CONDITIONS OR COMPONENTS. TRADE HOUNDS IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERRORS ON OR RELATED TO THE APPLICATION. TRADE HOUNDS HAS NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY, OR FAILURE TO STORE ANY USER COMMUNICATION OR USER CONTENT.

TRADE HOUNDS MAKES NO REPRESENTATION THAT THE APPLICATION IS APPROPRIATE OR AVAILABLE FOR USE IN LOCATIONS OTHER THAN THE UNITED STATES OR CANADA. IF YOU CHOOSE TO ACCESS OR USE THE APPLICATION FROM LOCATIONS OTHER THAN THE UNITED STATES OR CANADA, YOU DO SO AT YOUR OWN RISK AND YOU ARE RESPONSIBLE FOR COMPLYING WITH APPLICABLE LAWS AND REGULATIONS.

NO ADVICE OR INFORMATION, ORAL OR WRITTEN, OBTAINED BY YOU FROM TRADE HOUNDS OR IN ANY MANNER FROM THE APPLICATION CREATES ANY WARRANTY.

TRADE HOUNDS MAKES NO REPRESENTATIONS, WARRANTIES, OR COMMITMENTS RELATED TO SERVICE PROVIDERS OR SERVICES. TRADE HOUNDS ACCEPTS NO LIABILITY FOR ENSURING THAT SAID SERVICES ARE APPROPRIATE FOR YOUR OBJECTIVES. YOU ALONE ASSUME RESPONSIBILITY FOR ALL TRADE SERVICES. YOU AGREE THAT YOU WILL MAKE USE OF THE APPLICATION AND SERVICES AT YOUR OWN RISK. YOU UNDERSTAND AND ACCEPT THAT TRADE HOUNDS IS NOT RESPONSIBLE OR LIABLE FOR ANY MISUSE OR UNAUTHORIZED USE OF THE APPLICATION OR SERVICES, OR FOR ANY CONSEQUENCES ARISING OUT OF SUCH MISUSE OR UNAUTHORIZED USE.

For the purposes of these Terms, “Released Parties” means Trade Hounds, and each of its affiliates, subsidiaries, parents, joint venturers, and related companies and its and their present, former, and future successors and assigns, and all of its and their respective present, former, and future owners, directors, officers, stockholders, investors, employees, members, agents, representatives, assigns, insurers, trustees, employee benefit programs (and the trustees, administrators, fiduciaries, and insurers of such programs), attorneys, both individually and in their representative capacities.

For the purposes of these Terms, “Released Claims” includes, all claims you had or may have had against Trade Hounds in the past, present or future, including, but not limited to: breach of any contract; breach of the covenant of good faith and fair dealing; breach of fiduciary duty; fraud; termination in violation of public policy; breach of any securities laws or regulations; emotional distress; defamation; negligent hiring; violation of any and all state, federal, or local statutes, regulations, or ordinances (hereinafter “Laws”), including, but not limited to, laws that prohibit discrimination, harassment, and retaliation on the basis of race, color, national origin, ancestry, age, disability, pregnancy, religion, sex, sexual orientation, gender identity, genetic characteristic, marital status, medical condition, and veteran status, all claims arising under the Massachusetts Statutes and common law, the Fair Labor Standards Act, claims for payment of wages, the Americans with Disabilities Act, the Family and Medical Leave Act, the Employee Retirement and Income Security Act, state and federal occupational health and safety Laws, and any other state or federal laws that may affect or relate to employment with a third party found through this Application.

You forever release and fully discharge any and all claims against Released Parties. This release is comprehensive. Released Claims include all claims (including claims to costs or attorneys’ fees), damages, causes of action, and disputes of any kind whatsoever, whether known or unknown, anticipated or unanticipated, contingent, or otherwise, occurring or that could be alleged to have occurred before the effective date and time of these Terms.

13. LIMITATION OF LIABILITY


TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT THE RELEASED PARTIES SHALL, UNDER NO CIRCUMSTANCES, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL LOSS OR DAMAGE OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH THE APPLICATION, THE APPLICATION CONTENT, THE USER CONTENT, OR YOUR ACCESS OR USE (OR INABILITY TO ACCESS OR USE) THE APPLICATION, APPLICATION CONTENT, OR USER CONTENT, WHETHER THE CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, OR OTHERWISE, AND EVEN IF A RELEASED PARTY HAS EXPRESS KNOWLEDGE OF THE POSSIBILITY OF THE LOSS OR DAMAGE. IN NO EVENT SHALL TRADE HOUNDS ENTITIES AND INDIVIDUALS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100).

YOUR ACCESS TO AND USE OF THIS APPLICATION IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE APPLICATION OR ANY OF THE APPLICATION CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE APPLICATION OR THE APPLICATION CONTENT. BY ACCESSING THE APPLICATION, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW, INCLUDING, TO THE EXTENT APPLICABLE, CALIFORNIA CIVIL CODE SECTION 1542, THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS.

14. No Service Provider Responsibility


Any objection to services provided by any user of this Application, including without limitation, anyone seeking to hire or engage and user of this Application, must be pursued with said user. TRADE HOUNDS shall have no responsibility of any kind to anyone, whether an employer, candidate or otherwise for any service.  

15. No Assurance of Engagement; Relationship of Parties


Use of this Application does not constitute any assurance of engagement to provide services in any capacity, whether employee, independent contractor, or otherwise. Trade Hounds is an independent contractor. These Terms do not create any agency, partnership, joint venture relationship, other form of joint enterprise, employment, or fiduciary relationship between the parties, their affiliates, or their respective employees, contractors, or agents. Neither party has any authority to contract for or bind the other party in any manner or make any representation or commitment on behalf of the other party.

16. Indemnification


You will indemnify, defend, and hold harmless the Released Parties from and against all losses, claims, liabilities, demands, complaints, actions, damages, judgments, settlements, fines, penalties, expenses, and costs (including reasonable attorneys’ fees) that arise out of or in connection with: (a) your access to or use of the Application; (b) your misuse of or reliance on any Application Content, User Content, material, data, or information viewed, accessed, obtained from, or used on the Application; (c) your submission of information or materials through or using the Application, including your recommendations; (d) your violation of or noncompliance with applicable laws or regulations; (e) your breach of these Terms or any related agreement with Trade Hounds; or (f) your negligence, willful misconduct, or fraud. Trade Hounds reserves, and you grant to us, the exclusive right to assume the defense and control of any matter subject to indemnification by you.

17. Digital Millenium Copyright Act Take-Down Notices


If you know or suspect that any materials have been used or copied in a way that constitutes copyright infringement, please send notice to our designated agent identified below. According to the U.S. Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(3), your notice must comply with the following requirements:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
  • Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
  • A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The designated agent for notice of copyright infringement claims may be reached as follows: contact@tradehounds.com.

The preceding information is provided exclusively for notifying us that your copyrighted material may have been infringed. All other inquiries, such as questions related to items available for purchase on the website and requests or concerns regarding improper content, will not receive a response through this process.

18. Choice of Law and Arbitration


These Terms are governed by the laws of the State of Ohio, without regard to its conflict of law principles, and, as applicable, the federal laws of the United States.

Any and all disputes, claims, or controversies arising out of or relating to these Terms, the breach thereof, or any use of the Application (including all commercial transactions conducted through the Application), shall be settled by binding arbitration before a single arbitrator appointed by the American Arbitration Association (“AAA”) in accordance with its then governing rules and procedures, including the Supplementary Procedures for Consumer-Related Disputes, where applicable. The arbitration shall be held in Suffolk County, Massachusetts, and judgment on the award rendered by the arbitrator may be entered by any court having jurisdiction thereof. This arbitration undertaking is made pursuant to and in connection with a transaction involving interstate commerce, and shall be governed by and construed and interpreted in accordance with the Federal Arbitration Act at 9 U.S.C. Section 1, et seq. This arbitration provision shall survive termination of this Agreement. Subject to the limitations set forth below, the arbitrator shall have authority to award legal and equitable relief available in courts of the Commonwealth of Massachusetts, provided that:

  • The arbitrator shall not have authority to award punitive damages; and
  • Any and all claims shall be arbitrated on an individual basis only, and shall not be consolidated or joined with or in any arbitration or other proceeding involving a claim of any other party. You and TRADE HOUNDS agree that the arbitrator shall have no authority to arbitrate any claim as a class action or in any other form other than on an individual basis.

If there is a dispute, the prevailing party will be entitled to recovery of its costs and expenses, including reasonable attorneys’ fees. You will not bring any action or other claim with respect to the Application or these Terms more than one (1) year after the claim arises.

19. Compliance with Laws, Employer Policies, and Union Contracts


You represent and warrant that you do and shall comply with all applicable laws and regulations in the provision and/or procurement or engagement of services in any capacity, whether employee, independent contractor, or otherwise. Service Providers represent and warrant that they are and shall comply with all applicable union contracts. Individuals employed by or under contract with an organization represent and warrant that they are and shall comply with all applicable rules and policies of that organization.

20. Assignment


Trade Hounds may assign our rights and delegate our duties under these Terms at any time to any party without notice to you. You will not assign these Terms without our prior written consent. Any attempted assignment by you without our prior written consent will be void. Subject to the foregoing, these Terms are binding upon and inure to the benefit of the parties’ respective successors and assigns.

21. Entire Agreement; Interpretation


These Terms, including our Privacy Policy, are the entire agreement between you and Trade Hounds with respect to your access to and use of the Application. Trade Hounds’ failure to enforce any provision of these Terms will not constitute a waiver of that provision or any other provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Trade Hounds.

Your access to or use of certain features or components of the Application may be subject to additional terms, conditions, rules, or policies. All such additional terms are incorporated by reference into these Terms.

If any provision of these Terms is held to be invalid or unenforceable in any jurisdiction, that provision will be ineffective in that jurisdiction to the extent of the invalidity or unenforceability, without invalidating any other provision of these Terms. The headings in these Terms are for convenience only and will not affect the construction or interpretation of these Terms.

These Terms do not confer any rights, remedies, or benefits upon any person other than you and Trade Hounds. Any provisions of these Terms that are intended to survive termination (including any provisions regarding indemnification, limitation of our liability, or dispute resolution) will continue in effect beyond any termination of these Terms or of your access to or use of the Application.

22. Electronic Communications.

These Terms and any other documentation, agreements, notices, or communications between you and Trade Hounds may be provided to you electronically to the extent permissible by law. You agree to accept all communications electronically. Please print or otherwise save a copy of these Terms and all notices, consents, and other communications for your reference.

23. Contact Us. If you have any questions and concerns regarding these Terms or the Application, please contact us at Contact@TradeHounds.com