Practice Trader | Terms and Conditions
Terms and Conditions

Terms & Conditions

The Terms and Conditions that apply to your access and use of this Web Site (Site) including information, products and services are set forth below.  By using the Site, you accept and agree to comply with all the terms and conditions hereof, which form a legally binding agreement between you and Practice Trader, LLC (Terms of Use and Usage Agreement).  If you are advertising with us, you also accept and agree to comply with all the terms and conditions of our advertising agreement.

General Terms and Conditions

It shall be your responsibility to protect the confidentiality of your password(s), if any.  We agree not to use, sell or make available any passwords or ID information to any third party.  We reserve the right to change the terms of this Usage Agreement, including the wording of our Privacy Policy, from time to time, as we deem appropriate.  Such changes, additions or modifications shall be effective upon posting unless otherwise indicated.  You will not be separately notified of any changes regardless of the scope of any changes and you should check back often and review this Agreement in order to keep up with any restrictions that would apply to your access and use of the Site.  We reserve the right to refuse service, terminate accounts, and/or cancel orders at our discretion, including, but not limited to, if we believe the customer conduct violates applicable law or is harmful to the interests of Practice Trader, LLC, its owners, affiliates, licensors or licensees. 

The information, data software and all content displayed on this Site including text and images, method of display and presentation, source code, embedded information programs and materials including copyrights, trademarks, patents and other intellectual properties are owned by Practice Trader, LLC, its owners, affiliates, licensors or licensees and are protected under copyright, trademark and other applicable laws and treaties. You may not modify, distribute, reproduce, display or use the Site or any elements thereof.  You agree not to copy, use or otherwise infringe upon or dilute any trademarks or service marks.  You further agree that you will not alter or remove any trademark or other notices from any content, reproduction, re-transmission or representation in any form, content, programming code, images or graphics which is prohibited without prior express written permission of Practice Trader, LLC.  You also agree not to frame, enclose or display the Web Site, any trademark, logo, content or proprietary information including text, page layout or hidden text including squeeze back, overlay or employ other techniques to enclose or display the Site, or any trademark or logo. 

Practice Trader LLC has no responsibility to third party sites and is not liable should you leave this Site or open any additional browser connecting you to the third party.  Any links to third party sites is provided merely as a convenience and do not imply endorsement by Practice Trader or the content contained in them.  Practice Trader, LLC disclaims any and all liability with regard to any linked web sites or access to any other internet site linked to this Site and you agree that any link made will be at your own risk.

All material is provided for informational purposes only.  You agree that you take full responsibility for any information or service available or product that you rely on from this Site and do so at your own risk.  You understand that you are solely responsible for any damage or loss incurred that result from your use of any information, product or service. You should be aware that Practice Trader does not sell any items directly and that Practice Trader, LLC is not involved in any actual transaction between buyer and seller of which we do not guarantee or insure any item advertised or transaction entered into nor do we collect, process, chip, act as escrow service or transfer title or deliver any item or service advertised.

Practice Trader, LLC may incur delays, omissions, interruptions and other problems with information and services of this Site and without limiting the generality of the foregoing, Practice Trader, LLC its owners, affiliates, licensors, and licensees specifically disclaim any and all warranties, express or implied without limitation or fitness for a particular purpose and non-infringement.

Practice Trader, LLC nor any of its owners, affiliates, licensors or licensees shall NOT have any liability for errors, inaccuracies, omissions or other defects in the information contained within this Site.  We are not liable to you or anyone else for any damages incurred for the use of this site or any information products or services available through this site, including, damages for lost revenues or profits or loss of business or data even if Practice Trader, LLC has been advised of such possibility of such damages.  In the event the courts should over rule on the enforcement of said statement above, Practice Trader, LLC, its owners, affiliates licensors or licensees shall not be liable for more than the amount that you have paid to Practice Trader, LLC for its services.  

You agree to release, defend and hold harmless Practice Trader, LLC, its owners, affiliates, licensors and licensees form and against any and all claims, costs, demands, losses, damages and expenses, including attorney’s fees, arising from any relationship between yourself and Practice Trader, LLC. You also agree to waive Section 1542 of the California Civil Code, if you are a resident of said state and states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor”.

 By registering for our Practice listing account, you agree as follows:

You agree that Practice Trader, LLC may obtain a pre-authorization for the subscription fee amount to verify the validity of your Payment Method.

You authorize Practice Trader, LLC to automatically bill the Payment Method you provide monthly until you cancel the Services. Payments are billed in advance at the beginning of the subscription.

All payments are non-refundable. You agree to provide Practice Trader, LLC with a valid Payment Method and accurate, complete, and updated information required by the account registration form. Failure to update Payment Method account information may result in the immediate termination of the Services.

Practice Trader, LLC accepts credit cards and debit cards (“Payment Method”). We reserve the right to change the acceptable Payment Methods from time to time at our sole discretion. You certify that you are an authorized user of the Payment Method. You authorize us to obtain a pre-approval for any updates to your Payment Method for an amount equal to the monthly subscription payment. Billing to your Payment Method will automatically occur the same day of the month on which you applied.  You may cancel your account subscription at any time notifying Practice Trader, LLC at  info@practicetrader.com.  No other method of canceling your account or future Services will be honored. You acknowledge and agree that attempts to cancel by phone or chat shall be disregarded. Practice Trader, LLC shall not refund or partially refund subscription charges already billed to your account, unless authorized in a written agreement signed by Practice Trader, LLC. You acknowledge and agree that upon cancellation of the Services, any listings that you uploaded during the term of your subscription may be removed from the Site upon expiration of the paid to date period.

You are identified by an email account which will be unique to you only and all notification between you and Practice Trader, LLC shall take place via said email.  Only members have the ability to modify their personal email information and delete ads as needed.  You are responsible for the confidentiality of your account and restricting access to your account.  You agree to and accept sole responsibility to all activity that might occur under your account or password but you may be held liable should it be proven that some unauthorized user had access to your account or password, or breach of security.  In order to use or purchase services/products from this site you must be at least (18) eighteen years old and have the authorized use of a credit card.  We reserve the right to refuse service, terminate accounts, remove or edit content or cancel accounts at our sole discretion.

All personal information is protected by what we believe to be reasonable physical, electronic and managerial procedures to help prevent unauthorized access maintain data security and correct use of said information collected by us.  While all reasonable efforts are made to protect said information we do not warrant nor guarantee absolute safety and security of confidential date on the internet.

Since we provide a variety of Site services with direct internet contact with others, such as email, blogging services, chat rooms, communication tools, classifieds and advertising, we do not review every posting made in our blogs, chat rooms, forums and other areas available to the public.  We do not endorse or guarantee the accuracy of any posting, and we are not responsible or liable for nor assume responsibility for the views and opinions expressed. We do reserve the right to review any correspondence on our site along with the ability to edit, review or remove said expression to protect the rights, property or safety of visitors to this Site, our customers, the public or Practice Trader, LLC and its owners, affiliates, licensors or licensees.  By agreeing to these Terms and Conditions, you agree not to post, submit or transmit through this Site any material that violates or infringes in any way up on the right of others, that is unlawful, threating, abusive, defamatory, invasive or privacy or publicity right, vulgar, obscene profane, misleading, fraudulent or otherwise objectionable.  By posting you warrant and agree that you have control of all rights necessary to upload or submit content and assume the sole liability for any damage resulting from any infringement of copyright, proprietary rights or other harm resulting from any content of material submitted by you through this Site.

We have the right to disclose any information that we have about you if it is determined through an investigation or complaint that you have intentionally or unintentionally caused injury or legal action which in our opinion is detrimental to Practice Trader, LLC or any of its customers.  We also have the right to disclose to law enforcement any information that we have obtained about you to comply with legal process, enforcement of this agreement, safety to Practice Trader, LLC and you agree that we may, in our sole discretion and without prior notice, terminate your access to this Web Site and/or block your future access to this Site if we determine that you have violated these our Terms of Use guidelines.

You acknowledge and agree that upon cancellation of the Services, any listings that you uploaded during the term of your subscription may be removed.

By using or accessing this Site you (1) represent and warrant that you own or otherwise control all of the rights to your Materials necessary to grant the licenses granted in these Terms, including, without limitation, all the rights necessary for you to Submit the Materials, and have all right, power and authority to enter into these Terms and to fully perform hereunder, (2) represent and warrant that your use of Site,   content and/or Materials does not and will not violate or infringe any third party right, including but not limited to any third party intellectual property right, right of publicity or privacy, right of trade secret or confidentiality, or contractual right, or violate these Terms, Additional Terms, the Privacy Policy or any other agreement to which you are bound or any law, rule, regulation, order or judgment to which you are subject, (3) represent and warrant that you will comply with all applicable laws, contracts and/or agreements, at your sole expense and liability, in connection with your use of or access to Website, (4) represent and warrant that you will only Submit and use Materials that may be used in accordance with the licenses you have granted herein and (5) agree that Company shall not be liable to you or any third party for accepting or not accepting your Materials or for deleting or not deleting your Materials, in whole or in part.

You acknowledge that Practice Trader, LLC is not engaged in rendering legal, medical, counseling, or other professional services or advice. We encourage you to seek appropriate professional advice from the appropriate physician or health care professional promptly for any situation or problem that you have.

You and Company each agree to submit to binding arbitration in the event of a dispute, controversy or claim (each, a “Dispute”) arising out of or in connection with these Terms or the breach, termination, enforcement, interpretation or validity thereof (including the determination of the scope or applicability of these Terms to arbitrate), your or Practice Trader, LLC’s rights and obligations under these Terms, the Site, the use of the Site, and/or the information, services and/or products that may be provided by or through or in connection with the Site. The arbitration will be held in Orange County, California before one arbitrator on an individual basis and not as a class action. You expressly waive any right you may have to arbitrate a dispute as a class action. You also expressly waive your right to a jury trial. You and Company shall agree on one arbitrator to conduct the arbitration. In the event the parties cannot agree on an arbitrator, the arbitrator will be selected. Each party shall be responsible for its own attorney, expert and other fees, unless such fees are awarded by the arbitrator to the prevailing party. Notwithstanding anything to the contrary in this Section, to the extent you have in any manner violated or threatened to violate Practice Trader, LLC’s intellectual property rights, Practice Trader, LLC may seek (and you will not contest) injunctive or other appropriate relief in any local or federal court in California, and you consent to exclusive jurisdiction and venue in such courts. The arbitrator's award is final and binding on all parties. The Federal Arbitration Act, and not any state law concerning arbitration, governs all arbitration under this clause. Any court having jurisdiction may enter judgment on the arbitrator's award. If any part of this clause, other than waivers of class action rights, is deemed or found to be unenforceable for any reason, the remainder shall remain enforceable. Notwithstanding anything to the contrary contained herein, if the waiver of class action rights contained herein is not enforceable as to any person or persons, such non-enforceability shall apply to such person or persons only, and all other persons shall continue to be governed by the Arbitration Clause.

You agree that no joint venture, partnership, employment or agency relationship exists between you and Company as a result of these Terms or your use of the Website.

Section headings and other captions in these Terms are used solely for the convenience of the parties, have no legal or contractual significance, and shall not be used in interpreting, construing or enforcing any of the provisions of these Terms.

 In the event that any provision of these Terms is deemed to be unenforceable, said provision will be interpreted to reflect the original intent of the parties in accordance with applicable law, and the remainder of these Terms of Use will continue in full force and effect.

These Terms of Use, including the Site’s Privacy Policy and the Terms and Conditions for Accounts, contain the entire agreement between you and Practice Trader, LLC with respect to the Site. It supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Practice Trader, LLC with respect to the Site. Any rights not expressly granted herein are reserved. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that these Terms of Use and all related documents are drawn up in English.

Inquiries regarding these Terms of Use should be directed to info@practicetrader.com