By using the Closetraid.com web site (“Closetraid" or the “Site”), a service of Closetraid,LLC., you (the “user” or “you”) agree to be bound by the following terms and conditions (the “Terms of Use” or the "Agreement").

Before you may become a member of Closetraid.com, you must read and accept all the terms and conditions in, and linked to, the Agreement. The Agreement is effective on Sept 1. 2009.

  1. Closetraid is a Venue

Closetraid acts as a venue to allow users who comply with Closetraid’s policies to offer, sell, and buy certain handmade goods within a fixed price format. Closetraid is not directly involved in the transaction between buyers and sellers. As a result, Closetraid has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. Closetraid does not pre-screen users or the content or information provided by users. Closetraid cannot ensure that a buyer or seller will actually complete a transaction.

Consequently, Closetraid does not transfer legal ownership of items from the seller to the buyer. Closetraid cannot guarantee the true identity, age, and nationality of a user. Closetraid encourages you to communicate directly with potential transaction partners through the tools available on the Site. You may also wish to consider using a third party escrow service or services that provide additional user verification.

You agree that Closetraid is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on Closetraid. You use the Closetraid service at your own risk.

  2. Membership Eligibility

Age: Closetraid's services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. Individuals under the age of 18 can use this service only in conjunction with and under the supervision of a parent or legal guardian. In this case, the adult is the user and is responsible for any and all activities.

Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by Closetraid’s policies as stated in the Agreement

Password: Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify Closetraid of any unauthorized use of your password or any breach of security. You also agree that Closetraid cannot and will not be liable for any loss or damage arising from your failure to keep your password secure.

Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address. To sell items on Closetraid, you must have a valid credit card or paypal account on file with Closetraid at all times.

Account Transfer: You may not transfer or sell your Closetraid account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.

Right to Refuse Service: Closetraid's services are not available to temporarily or indefinitely suspended Closetraid members. Closetraid reserves the right, in Closetraid’s sole discretion, to cancel unconfirmed or inactive accounts. Closetraid reserves the right to refuse service to anyone, for any reason, at any time.

  3. Fees and Services

Joining and setting up a shop on Closetraid is free. Closetraid charges fees for listing an item for sale. When you list an item you have an opportunity to review and accept the fees that you will be charged. Closetraid's prices are subject to change, at any time. Changes to the Fees Policy and the fees for Closetraid’s services are effective after Closetraid provides you with at least thirty (30) days' notice by posting the changes on the Site. In the event Closetraid introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in US Dollars (USD).

You are responsible for paying all fees associated with using Closetraid.

Fees and Termination: If Closetraid terminates your account, if you close your account, or if the payment of your Closetraid fees cannot be completed for any reason, you remain obligated to pay Closetraid for all unpaid fees plus any penalties, if applicable. If you have a question or wish to dispute a charge, contact Closetraid.

  4. Listing and Selling

Listing Description: By listing an item on the Site you warrant that you and all aspects of the item comply with Closetraid’s policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale in your Closetraid shop. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category with appropriate tags. Each listing must accurately and completely describe the item/items for sale in that listing. If the "in stock" quantity is more than one, all items in that listing must be identical. Each unique item must have its own listing.

Binding Sale: All sales are binding. The seller is obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the seller’s listing (such as payment method), or (b) the seller cannot authenticate the buyer's identity. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance.

Fee Avoidance: The price stated in each item listing description must be an accurate representation of the sale. Sellers may charge reasonable shipping and handling fees to cover the costs for packaging and mailing the items. Sellers may not charge excessive shipping fees or otherwise avoid fees. 

5. Prohibited, Questionable and Infringing Items and Activities

You are solely responsible for your conduct and activities on and regarding to Closetraid and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, “Content”) that you submit, post, and display on Closetraid.

  Restricted Activities: Your Content and your use of Closetraid shall not:

1. Be false, inaccurate or misleading
2. Be fraudulent or involve the sale of illegal, counterfeit or stolen items
3. Infringe upon any third party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy.
4. Violate any site policy or community guidelines, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)
5. Contain items that have been identified by the U.S. Consumer Products Safety Commission (CPSC) as hazardous to consumers and therefore subject to a recall
6. Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including Closetraid staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device
7. Be obscene or contain child pornography
8. Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information
9. Host images not part of a listing
10. Modify, adapt or hack Closetraid or modify another website so as to falsely imply that it is associated with Closetraid;
11. Appear to create liability for Closetraid or cause Closetraid to lose (in whole or in part) the services of Closetraid’s ISPs or other suppliers
12. Link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this Agreement, or other policy documents as posted on Closetraid.

Furthermore, you may not list any item on Closetraid (or consummate any transaction that was initiated using Closetraid’s service) that, by paying to Closetraid the listing fee or the final value fee, could cause Closetraid to violate any applicable law, statute, ordinance or regulation, or that violates the Terms of Use.

  6. Content

License: Closetraid does not claim ownership rights in your Content. You grant Closetraid a license solely to enable Closetraid to use any information or Content you supply Closetraid with, so that Closetraid is not violating any rights you might have in that Content. You grant Closetraid a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the Content, in any media now known or not currently known, with respect to your Content. You agree to allow Closetraid to store or re-format your Content on Closetraid and display your Content on Closetraid in any way as Closetraid chooses.

As part of a transaction, you may obtain personal information, including email address and shipping information, from another Closetraid user. Without obtaining prior permission from the other user, this personal information shall only be used for that transaction or for Closetraid-related communications. Closetraid has not granted you a license to use the information for unsolicited commercial messages. Without limiting the foregoing, without express consent from the user, you are not licensed to add any Closetraid user to your email or physical mail list.

Re-Posting Content: By posting Content on Closetraid, it is possible for an outside website or a third party to re-post that Content. You agree to hold Closetraid harmless for any dispute concerning this use. If you choose to display your own Closetraid-hosted image on another website, the image must provide a link back to its listing page on Closetraid.

  7. Information Control

Closetraid does not control the Content provided by users that is made available on Closetraid. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense.

Additionally, there may also be risks dealing with international trade and foreign nationals. By using Closetraid, you agree to accept such risks and that Closetraid (and Closetraid’s officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on Closetraid. Please use caution, common sense, and practice safe buying and selling when using Closetraid.

Other Resources: Closetraid is not responsible for the availability of outside websites or resources linked to or referenced on the Site. Closetraid does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that Closetraid 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 the use of or reliance on any such content, goods or services available on or through any such websites or resources.

  8. Closetraid's Intellectual Property

CLOSETRAID, and other Closetraid graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of Closetraid, Inc. in the U.S. and/or other countries. Closetraid's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.

  9. Resolution of Disputes and Release

In the event a dispute arises between you and Closetraid, please contact Closetraid.

Should you have a dispute with one or more users, or an outside party, you release Closetraid (and Closetraid's officers, directors, agents, subsidiaries, joint ventures and employees) from any and all 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. Closetraid encourages users to report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.

Closetraid, for the benefit of users, may try to help users resolve disputes. Closetraid does so in Closetraid’s sole discretion, and Closetraid has no obligation to resolve disputes between users or between users and outside parties. To the extent that Closetraid attempts to resolve a dispute, Closetraid will do so in good faith based solely on Closetraid’s policies. Closetraid will not make judgments regarding legal issues or claims.

  10. Privacy

  Closetraid will not sell or disclose your personal information to third parties without your explicit consent. Closetraid stores and processes Content on computers located in the United States that are protected by physical as well as technological security.

  11. Access and Interference

Closetraid may contain robot exclusion headers which contain internal rules for software usage. Much of the information on Closetraid is updated on a real-time basis and is proprietary or is licensed to Closetraid by Closetraid's users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access Closetraid for any purpose without Closetraid’s prior express written permission. Additionally, you agree that you will not:

1. Take any action that imposes, or may impose, in Closetraid’s sole discretion, an unreasonable or disproportionately large load on Closetraid’s infrastructure
2. Copy, reproduce, modify, create derivative works from, distribute or publicly display any user Content from the Site without the prior expressed written permission of Closetraid and the appropriate third party, as applicable
3. Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site
4. Bypass Closetraid’s robot exclusion headers or other measures Closetraid may use to prevent or restrict access to Closetraid

  12. Breach

Without limiting any other remedies, Closetraid may, without notice, and without refunding any fees, delay or immediately remove Content, warn Closetraid’s community of a user’s actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user’s account privileges, terminate a user’s account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply:

Closetraid suspects (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) a user has breached this Agreement, or other policy documents and community guidelines incorporated herein; Closetraid is unable to verify or authenticate any of your personal information or Content; Or Closetraid believes that a user is acting inconsistently with the letter or spirit of Closetraid’s policies, has engaged in improper or fraudulent activity in connection with Closetraid or the actions may cause legal liability or financial loss to Closetraid's users or to Closetraid.

  14. No Warranty

CLOSETRAID, CLOSETRAID'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND CLOSETRAID'S SUPPLIERS PROVIDE CLOSETRAID'S WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. CLOSETRAID, CLOSETRAID'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND CLOSETRAID'S SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM CLOSETRAID SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

  15. Liabiity Limit

IN NO EVENT SHALL CLOSETRAID, AND (AS APPLICABLE) CLOSETRAID'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR CLOSETRAID'S SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, CLOSETRAID’S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.

CLOSETRAID'S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF CLOSETRAID'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO CLOSETRAID IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

  16. Indemnity

YOU AGREE TO INDEMNIFY AND HOLD CLOSETRAID AND (AS APPLICABLE) CLOSETRAID'S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.

  17. No Guaranty

Closetraid does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside Closetraid’s control.

  18. Legal Compliance

You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of Closetraid’s service and your listing, purchase, solicitation of offers to purchase, and sale of items.

  19. Severability

If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.

  20. No Agency

You and Closetraid are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

  21. Closetraid Service

Closetraid reserves the right to modify or terminate the Closetraid service for any reason, without notice, at any time. Closetraid reserves the right to alter these Terms of Use or other Site policies at any time. If the alterations constitute a material change to the Terms of Use, Closetraid will notify you via email to the email address in your account. What constitutes a "material change" will be determined at Closetraid's sole discretion, in good faith, and using common sense and reasonable judgment.

  22. Choice of Law

This Agreement shall in all respects be interpreted and construed with and by the laws of the State of Florida and disputes arising under this Agreement will be adjudicated by the courts of the State of Florida.

  23. Survival

Sections 3 (Fees and Services, Fees and Termination), 6 (Content, License), 7 (Information Control), 8 (Resolution of Dispute and Release), 9 (Closetraid’s Intellectual Property), 11 (Access and Interference), 12 (Breach), 10 (Privacy), 14 (No Warranty), 15 (Liability Limit), 16 (Indemnity), 17 (No Guaranty), 19 (Severability), 20 (No Agency), 22 (Choice of Law) shall survive any termination or expiration of this Agreement.