TERMS AND CONDITIONS FOR USE OF OUR SERVICES AND SITE

1. Introduction, Disclaimer

The Exchange 30A, LLC is a Florida limited liability company based in Walton County, Florida, and doing business as The Exchange 30A (“TE30A”). TE30A’s purpose is to provide sellers and buyers a multi-vendor platform for the sale and purchase of items of personal property and miscellany. Though not intended as a warranty, many of the items TE30A lists are of a brand or type considered to have elevated status, unique quality, or exceptional value. TE30A’s site is a cyber-marketplace where users can offer, sell and buy such items in a choice of transactional and pricing formats. The actual contract for sale is directly between the seller and buyer. TE30A is not a party to the transaction, and it is not a seller or a traditional auctioneer.

TE30A’s applications, sites, services, domain names, tools and services together constitute its “Services.” As part of its Services, TE30A may provide certain guidance relating to matters such as pricing, shipping, listing, sourcing, condition, measurements, quality, or provenance. Such items of information are at best guidance, are not to be relied on as statements of fact, and do not constitute a representation, warranty or assumption of liability by TE30A of any kind. TE30A has no control over and does not guarantee: the existence, quality, safety or legality of items listed on its site; the truth or accuracy of users’ content or listings; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item

2. Important Information about This Agreement

Please read these TE30A Terms and Conditions prior to using our Services. These Terms and Conditions (the “TE30A Terms and Conditions” or “Agreement”) are effective from and after ______________ and apply to all buyers, sellers, visitors, users and others who register for or otherwise access or use our Services (collectively, “Users”). Buyers, sellers, and Users may also be referred to herein as “you” or “your.” Your use of the site and/or our Services constitutes your express agreement to these TE30A Terms and Conditions and to all amendments hereof of which you are reasonably notified. If you do not agree to these TE30A Terms and Conditions or if you are not legally competent to agree to them, then you may not access or use the site or our Services. These TE30A Terms and Conditions are in addition to the terms or conditions of any other written executed agreement (an “Additional Agreement”) you may have with us. In the event of a conflict between these TE30A Terms and Conditions and the Additional Agreement,these TE30A Terms and Conditions will apply unless expressly set forth otherwise in the Additional Agreement.

Please be advised that this Agreement contains provisions that govern how claims you and we have against each other are resolved and that limit TE30A liability (see various “Disclaimers,” “Disclaimers of Warranties,” “Limitations of Liability,” “Releases,” “Indemnity,” and “Legal Disputes” provisions below). These TE30A Terms and Conditions also contain an Agreement to Arbitrate that, with limited exception, will require you to submit unresolved claims you have against TE30A or our agents to mediation and, failing that, to binding and final arbitration, unless you opt out of the Agreement to Arbitrate (see Legal Disputes, Agreement to Arbitrate). If you do not opt out: (1) you and TE30A agree that any and all unresolved disputes or claims that have arisen, or may arise, between you and TE30A (or any related third parties) that relate in any way to your use of or access to our Services shall be resolved exclusively through final and binding arbitration, rather than in court; (2) you will only be permitted to pursue claims against us or our agents on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding; and (3) you will only be permitted to seek relief (including monetary,injunctive, and declaratory relief) on an individual basis.

3. Eligibility to Use Our Services

While using our Services, you agree that you will not:

Use the Services if you are not able to form a legally binding contract or if you are under the age of eighteen (18) years old;
Use the Services if you have been previously suspended or removed from the site or Services or engaged in any activity that could result in suspension or removal from the site or Services;
Directly or indirectly manipulate the price of any item or interfere with other Sellers’ offerings;
Circumvent or manipulate our fee structure, the billing process, any fees owed to TE30A, or any technical measures we use to provide the site or Services;
Offer to buy or sell outside of TE30A, share contact information, including email addresses and phone numbers, prior to completing a transaction on TE30A, or otherwise engage in any action with a user on the site designed to complete or facilitate a transaction outside of TE30A;
Post, list or upload content or items in inappropriate categories or areas on the site;
Fail to deliver payment for items purchased by you and associated fees or shipping costs;
Fail to deliver items sold by you;
Post false, inaccurate, misleading, deceptive, defamatory, or libelous content;
Transfer or share your account and user / customer number with a third party without our consent;
Create accounts that misrepresent your identity or use the personal information of others;
Use any robot, spider, scraper, data mining tools, data gathering and extraction tools automated means to access or use the site or Services;
Access data not intended for you or log into a server or account which you are not authorized to access;
Use the site or Services in any manner that would interfere with, disrupt or inhibit other users from fully enjoying the site or Services or that could damage, disable or impair the functionality of the site or Services or otherwise interfere with the working of the site or Services, or impose an unreasonable or disproportionately large load on our infrastructure
Breach or circumvent any laws, third-party rights or our systems, policies, or determinations of your account status;
Conduct fraudulent activities;
Infringe the copyright, trademark, patent, publicity, database, and/or other intellectual property rights (collectively, “Intellectual Property Rights”) that belong to or are licensed to TE30A. Some, but not all, actions that may constitute infringement are reproducing, performing, displaying, distributing, copying, reverse engineering, decompiling, disassembling, or preparing derivative works from content that belongs to TE30A or someone else;
Infringe any Intellectual Property Rights that belong to third parties affected by your use of the Services or post content that does not belong to you;
Harvest or otherwise collect information about Users without their consent;
Bid on any items that may be sold only to persons at least twenty-one (21) years old if you are under the age of twenty-one (21) years old;

If we believe you are misusing the site or the Service in any way, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your user account(s) and access to our site and Services, delay or remove hosted content, remove any special status associated with your account(s), remove, not display, and/or demote listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using the site and Services.

We may cancel unconfirmed accounts or accounts that have been inactive for a long time, or we may modify or discontinue the site and/or our Services. Additionally, we reserve the right to refuse or terminate all or part of the site or Services to anyone for any reason at our discretion.

4. Additional Posting or Listing Rules

When listing an item for sale using our Services, you agree to comply with all TE30A Terms and Conditions, including but not limited to the following:

You assume full responsibility for the item offered and the accuracy and content of the listing.
You will not sell and will promptly remove all listings for any product recalled by a manufacturer or governmental agency if the sale of the product is prohibited by law or regulation or the product poses a health or safety hazard as specified by any governmental agency. TE30A has no responsibility or liability for the safety or performance of any product that you list or sell through the Services, including any product that is subject to a recall. You are solely responsible for any non-conformity or defect in, or compliance with any public or private recall of any product you list or sell through the Services.
Your listing may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances). TE30A cannot guarantee exact listing duration.
Your fixed-price listings may renew automatically every calendar month, based on the listing terms at the time, until all quantities sell, or the listing is ended by you or TE30A, in its sole discretion.
The content you provide complies with all 30A Terms and Conditions.
Content that violates any of TE30A’s policies may be modified, redacted or deleted at TE30A’s sole discretion.
We may – but have to no duty to – revise product data associated with listings to supplement, remove, or correct information.
We strive to create a marketplace where buyers find what they are looking for. Therefore, the appearance or placement of listings in search and browse results will depend on a variety of factors, including, but not limited to:
- buyer’s location, search query, browsing site, and history;
- item’s location, listing format, price and shipping cost, terms of service, end time, history, and relevance to the user query;
- seller’s history, including listing practices, seller ratings, TE30A policy compliance, feedback, and defect rate; and
- number of listings matching the buyer’s query.
To drive a positive user experience, a listing may not appear in some search and browse results regardless of the sort order chosen by a buyer,
Some advanced listing upgrades will only be visible on some of our Services.
Metatags and URL links that are included in a listing may be removed or altered so as to not affect third-party search engine results.
We may provide you with optional recommendations to consider when creating your listings. Such recommendations may be based on the aggregated sales and performance history of similar sold and current listings; results may vary for individual listings. To drive the recommendations experience, you agree that we may display the sales and performance history of your individual listings to other sellers.
For items listed in certain categories, subject to certain programs, and/or offered or sold at certain price points, TE30A may require the use of certain payment methods. For example, for any inventory covered by authentication services, buyer and sellers may be subject to escrow and/or payment handling requirements.
Certain goods and services are subject to prohibition or restriction by TE30A, in its sole discretion. Users should review the following list of prohibited and restricted items and should also confirm that the sale and purchase comply with all laws and any additional restrictions applicable to Services offered by TE30A such as credit card association or network rules. Prohibited or restricted items (check with us before listing): alcohol; works of art; artifacts, grave-related items, and Native American arts and crafts; catalytic converters and test pipes; cell phone (wireless) service contracts; charity and fundraising; clothing, used; contracts; cosmetics; counterfeit currency and stamps; coupons; credit cards; currency, selling; drugs and drug paraphernalia; electronics equipment (including cable TV de-scramblers, radar scanners, and traffic signal control devices); embargoed goods and prohibited countries (e.g., items from Cuba); firearms and accessories – further including pepper spray, replicas, and stun guns (see also military items); food; gift cards; government documents, IDs and licenses; government, transit, and shipping-related items – examples include airplane operations manuals, subway employee uniforms, and U.S. Postal Service (USPS) mailbags; hazardous, restricted or regulated materials – examples include batteries, fireworks and refrigerants; human remains and body parts; importation of goods into the US – examples include CDs intended only for distribution in a certain country; international trading; items encouraging illegal activity – examples include an eBook describing how to create methamphetamine; knives; lock picking devices; lottery tickets; mailing lists and personal information; medical devices – examples include contact lenses, pacemakers, and surgical instruments; military items (see also firearms, weapons, and knives); multi-level marketing, pyramid and matrix programs; offensive material (e.g., ethnically or racially offensive material and Nazi memorabilia); pesticides; plants and seeds; police-related items; political memorabilia (reproduction); postage meters; prescription drugs; real estate, except through a broker licensed in the location of the property; recalled items; slot machines; stamps; stocks and other securities; stolen property; surveillance equipment (including wiretapping devices, video surveillance, and telephone bugging devices); tobacco; travel, weeds (see plants and seeds); adult items; animals and wildlife products; autographed items; digitally delivered goods; drug paraphernalia; illegal explicit content; chance listings; personal relationships and services; prescription and over-the-counter drugs; used cosmetics; virtual currency.

If you see a listing that violates one of our policies, report it by emailing TE30A or clicking “Report Item” in the listing. If we determine that a listing or product has violated this Agreement, we will email the seller and any bidders or buyer to let them know that we have removed the listing or product from TE30A.

5. Selling Practices

TE30A expects Sellers to observe certain additional standards relating to item descriptions, terms and conditions, shipping and handling charges, delivery times, communication, returns, and photos. Failure to observe these standards may result in termination or modification of a Seller’s access to Services, termination of a Seller’s account, or pursuit of other remedies set out in this Agreement.

Communicate Clearly and Thoroughly

Sellers should be clear and thorough about the terms of the transaction and include information about the forms of payment they accept, any taxes or other applicable fees, shipping and handling, and their return policy. Being upfront and honest about these terms helps build trust and provides a positive buying experience for Buyers. Sellers should also make every effort to provide excellent customer service from start to finish, including:

Charging reasonable shipping and handling costs
Specifying their handling time and return policy in your listing
Responding to buyers’ questions promptly
Being professional throughout the transaction
Making sure the item is delivered to the buyer as described in the listing
Frequently reviewing and updating listings to make sure all information – such as inventory status and item condition – is accurate and up to date.

You are required to include the following details in your listing:

Forms of payment you accept
Return policy
Shipping method, costs, and other information
Taxes and any applicable government imposed fees (such as electronic waste disposal fees)
Terms of the transaction

You are required to meet the expectations you have set in your listing:

Ensure the safe delivery of the item within the timeframe stated in your listing
Items you list must be in your inventory or you must have an existing agreement with a third party to fulfill the delivery of the item under the terms of your listing

Returns

All items on the site are sold “as is — where is,” unless a Seller elects to provide certain warranties or accept returns and so provides in its listing(s). If a Seller elects to accept returns, the Seller should specify the time within returns will be accepted, who pays for the return postage, and how any refund is issued. As long as the return meets a Seller’s stated return requirements, the return should be honored.

On Time Delivery

Buyers expect their items to be delivered on time, especially when they pay additional fees for expedited shipping services. Using a slower shipping service than the one selected by the buyer during checkout may result in the item being delivered later than expected, and an increase in claims for items not received.

Buyers want to know when they can expect to get their items. Specify in your listing clearly and accurately when the item will be shipped. Ship items within the handling time you state in your listing. Providing tracking details for items you have sold is an industry standard and something that your buyers expect. Tracking data and delivery confirmation let buyers know where their item is throughout the shipping process and can be critical in cases where the buyer claims they did not receive an item.

Item Description and Photos

The listing page is where buyers get most of their information about an item. Information in the listing helps buyers decide what to buy and know what to expect when they receive the item. It is important to make sure that the listing is only used to describe the item for sale and to communicate the terms of the sale in a professional way.

You are required to:

Specify the condition of the item
Describe any defects or flaws in the item – this helps avoid problems or buyer dissatisfaction. When selling a used, refurbished, or flawed item, you must include photos of the actual item for sale instead of a stock photo.

Remember, buyers who purchase from you are entering into a contract with you based on the details you included in your listing, including what you stated in your returns policy. Therefore, you may not add to or alter your returns criteria once an item has been purchased.

Along with the description, photos are the most important part of a listing. Photos help buyers to see exactly what they are getting as well as specific details they may be looking for. When selling used items, photos are especially important because they let the buyer see the actual condition of the item along with other details like color.

Once fully registered, Sellers are encouraged to watch a three-minute step-by-step wizard that will walk them through steps for setting up an online store.

6. Disclaimers of Warranties, Bidding at Auctions versus “Buy It Now”

TE30A’s site is a listing, information and auction venue that brings together buyers and sellers. Sometimes, items may be sold by a seller through a “White Glove” consignment arrangement with TE30A (“Consignment Items”). For Consignment Items, TE30A will assist Seller in preparing a listing on the site. See “White Glove Service” information below.

DISCLAIMER: TE30A is not a broker or dealer and does not sell, exchange, buy, or offer for sale, negotiate or attempt to negotiate, a sale or exchange of an interest in any item listed for sale on our site. TE30A does not hold or possess title for any item listed for sale.

Item Descriptions, No Warranties – ALL SALES ARE “AS IS, WHERE IS” WITH NO EXPRESS OR IMPLIED WARRANTIES WHATSOEVER. UNLESS PROVIDED DIRECTLY BY SELLER TO BUYER (BUT IN NO EVENT BY TE30A), NEITHER TE30A NOR THE SELLER PROVIDES ANY GUARANTEE OR WARRANTY AS TO THE NATURE, DESCRIPTION, GENUINENESS, PROVENANCE, OR CONDITION OF ITEMS SOLD AND PURCHASED USING OUR SERVICES. Unless Seller promises otherwise to Buyer (which regardless would not bind TE30A), all Sales and Auctions are without any representation or warranty of any kind by TE30A or the Seller. Bidders and Buyers are responsible for satisfying themselves concerning the condition of items listed. Regardless, all Sales are final and are “AS IS WHERE IS.” Unless otherwise stated, the items sold on the site are not new or in perfect condition, may have patent and/or latent defects, may require touch-up or repairs prior to use, and the available information about these items may be limited.

White Glove Service – For customers who so request and sign an Additional Agreement, TE30A will offer “White Glove” service whereunder TE30A will take care of all aspects of a transaction, from pick up to listing, marketing, selling, and delivery. “White Glove” service will involve, among other things, consignment. For such Consignment Items, TE30A will not list every flaw associated with each item as these are to be expected. In the case of obvious faults (chips, cracks, significant damage, etc.), if TE30A is aware of a fault, it will endeavor to list the fault within the description. TE30A will provide descriptions based on its assessment of an item. However, Buyers should not assume that our assessment of condition will be the same as your assessment. It is the Buyer’s responsibility to read and review all descriptions and images of an item before bidding, and the Buyer acknowledges that in posting such descriptions, TE30A solely relies on information provided by the Seller.

Moreover, neither TE30A nor any of TE30A’s officers, employees or agents, give any representation, warranty or guarantee or assume any liability of any kind in respect of any items sold and purchased with regard to merchantability, fitness for a particular purpose, description, size, quality, condition, attribution, authenticity, rarity, importance, medium, provenance, history, or literary or historical relevance.

Examination of Property / Condition Reports. Prospective Buyers and Bidders are strongly encouraged to examine personally any property in which they are interested before the transaction or auction takes place, whenever possible. As part of “White Glove” Service (described above), Bidders may request that TE30A produce a Condition Report (“Condition Report”) for a listed item, which, if produced, will provide additional detail concerning the condition of the item as observed by TE30A’s staff. TE30A reserves the right to decline to produce a Condition Report for any specific listed item, for any reason and in TE30A’s sole discretion.

Auction Bidding — In an auction-style listing, Sellers name a starting price and Buyers bid against one another. When the listing ends, the highest bidder wins the auction and pays for the item. A bid is binding, meaning that, when a Buyer bids on an item in an auction, the Buyer is committing to buy it if the Buyer wins.

Sellers sometimes set requirements for potential buyers based on their payment or shipping preferences. For example, some sellers may not ship to the country or area where you live or may impose other bidding requirements. Affected Buyers may see a message asking that they contact the Seller when trying to place a bid. Sellers may but are not required to adjust eligibility criteria.

Bidding versus “Buy It Now,” Buyer’s Contract — Sellers will have the option to list items for sale through auction or as a “buy-it-now” (instant purchase) transaction. In the case of auctions, a buyer’s winning bid or offer placed on the site is irrevocable and, if accepted, a buyer is jointly responsible with seller for paying all amounts due to TE30A. If you cannot pay for the items or agree to the shipping terms and costs, please do not bid on the items. For motor vehicles or real estate, a bid or offer initiates a non-binding transaction representing a buyer’s serious expression of interest in buying the seller’s item and does not create a formal contract between the buyer and the seller.

Placing a Bid — You agree and acknowledge that, in exchange for valuable consideration (including but not limited to the rights to use the site, use the Services and participate in the online auction), all bids placed by you are irrevocable offers to purchase an item that may not be withdrawn by you at any time prior to the close of an auction. You expressly agree that, due to the irrevocable nature of bids, any cancellation or correction of a bid by TE30A may result in a previous bid being the highest current bid subject to acceptance at the close of the auction. By placing a bid, you expressly agree that if you are the winning bidder you will pay for your item and agree to any additional handling and shipping fees applicable for shipped items. It is your responsibility to read the full item listing and to understand the pickup and delivery options and costs for each item before you place your bid. All bids are shown in US dollars and all taxes, shipping, and handling charges are additional.

Bid Correction/Retraction — As stated above, all bids represent irrevocable offers to purchase that may not be withdrawn prior to the close of the auction. It is your sole responsibility not to submit erroneous bids. In the event that you submit an erroneous bid more than twenty-four (24) hours before the scheduled close of a sale, you may request a correction by contacting us here. Bid corrections are at the sole discretion of TE30A. Bid correction requests will become part of your user history and are subject to review. Under no circumstances will a bid correction request be honored in the final twenty-four (24) hours of a sale. Notwithstanding any of the foregoing, TE30A reserves the right to cancel any bid at any time if, in our sole discretion, we determine an error was made.

Bidding Notices — For your convenience, TE30A provides certain e-mail, push and SMS communications regarding the status of ongoing sales. These communications are provided as a courtesy only and are not official bid status communications. The failure to receive a notification of a winning bid does not relieve you from any contractual obligations as the winning bidder. To confirm the status of your current bids, see this page. You expressly agree that the display of the highest bid and the status of your current bid on the site at the close of the auction are both accepted means of acceptance of your bid by the seller. The bid history reflected on the TE30A system supersedes any e-mail, push or SMS communication in dispute resolutions.

Bidding Instructions — For additional information and a step by step walkthrough of the bidding process, follow this link

Shill Bidding — You represent and warrant that you will not engage in shill bidding. Shill bidding happens when anyone (including family, agents, friends, employees, or online acquaintances) bids on an item with the intent to artificially increase its price or desirability, usually on behalf of the Seller. You will be held liable for any damages incurred by TE30A due to your related shill bidding.

Transfer of Title — We do not transfer legal ownership of items from the Seller to the Buyer. Florida Statutes, Section 672.401 applies to the transfer of ownership between the Buyer and the Seller, unless the Buyer and the Seller agree otherwise

7. Payment, TE30A Fee Structure

Maintenance of Payment Information — As stated above, sellers will have the option to list items for sale through auction or as a “buy-it-now” (instant purchase) transaction. Buyers, whether as successful bidders or as “buy-it-now” purchasers, must have valid payment information stored in their profile before consummating a transaction. By providing credit card information to TE30A, buyers irrevocably authorize TE30A to charge their credit card for the total purchase amount of any winning bid or agreed sale plus any fees associated with the sale of the item, including but not limited to taxes, shipping and handling fees and restocking fees, as applicable. Buyers also agree and acknowledge that they will maintain valid credit card information within their user profile so long as they maintain an account with TE30A. TE30A reserves the right in its sole and absolute discretion to cancel listings or bids or suspend bidding privileges of any user not maintaining valid payment information. If your payment method fails or your account is past due, we may collect amounts owed by charging other payment methods on file with us, and/or retain collection agencies and legal counsel. In addition, you may be subject to late fees and interest in TE30A’s discretion, which will not exceed the maximum amount permitted by applicable law.

TE30A Fee Structure – TE30A charges seven percent (7%) of all vendor sales for use its site and Services (“TE30A’s Fee”), for which Sellers and Buyers are jointly and severally responsible to TE30A. TE30A’s Fee does not include “White Glove” Services (which are separately contracted and priced) and does not include items that are the sole responsibility of either Seller or Buyer, including shipping, postage, insurance, handling, or related or other costs. In addition, Sellers must pay a Vendor Membership Fee of $1/month or $10/year, which Sellers may elect to donate to a charity selected by TE30A on a rotating basis throughout the year.

Payment Forms Accepted —Winning bidders with questions concerning how to make payment should may submit questions here.

Sales Tax — All sales are subject to appropriate state sales and use tax laws, including, any state sales tax laws applicable to a seller. Buyers claiming tax-exempt status must provide an appropriate state sales tax exemption certificate prior to the end of the sale

8. Transfers of Possession and Title, Abandonment

Delivery and Pick Ups — Except where Sellers enter into a separate contract with TE30A for “White Glove” Service, means and terms of delivery are matters solely between Sellers and Buyers. It is a Buyer’s responsibility to understand the potential costs and terms of delivery before placing a bid or making a purchase. Certain sales and items may have a designated pick-up time and location. Before bidding or purchasing, buyers must confirm whether they can pick up their item(s) at the designated time and location. In the case of pick-ups, Buyers must provide their own tools, labor and transportation. Plan accordingly for large or bulky items. Be prepared to show identification. Purchases will be released upon presentation of proof of payment. TE30A will not be liable for any damages created or incurred by Buyers or Sellers for the pick up or transport of item(s).

Title and Risk of Loss — Subject to these TE30A Terms and Conditions and notwithstanding any agreement between Seller and Buyer to the contrary, title and risk of loss to purchased items will transfer from the Seller to Buyer upon the completed processing and receipt of a Buyer’s payment by TE30A made in accordance with these terms. In the event that Buyer takes possession of any purchased item before the completed processing and receipt of payment by TE30A, the risk of loss will transfer to Buyer upon Buyer taking possession. For Consignment Items, TE30A is not responsible for insuring items while in TE30A’s possession. Instead, Seller agrees to maintain appropriate insurance on items and ensure its insurance covers the items while in TE30A’s possession. Further, upon the transfer of risk of loss from Seller to Buyer, Buyer agrees to maintain adequate insurance coverage on such items while in TE30A’s possession.

Abandonment – In the event that buyer fails to pick up or the parties fail to designate shipping for the items purchased by buyer in accordance with the TE30A Terms and Conditions, you hereby authorize TE30A to charge your credit card the greater of the purchase amount of the item plus any taxes, shipping costs and handling fees or a $40.00 restocking free. When pick-up is selected by buyer or is the only option, if buyer fails to pick up any items at the specified time or designate a shipping or fulfillment option within seven (7) days of the close of bidding, buyer will be considered to have abandoned and forfeited the items (“Abandoned Items”). Buyer agrees that title to Abandoned Items with automatically transfer to TE30A without any further action by buyer or TE30A. In that case, Buyer hereby appoints TE30A as its attorney-in-fact to execute any documents required to effectuate the transfer of title from buyer to TE30A. Buyer expressly agrees that failure to receive any item in the event of abandonment does not relieve buyer of its obligation to pay for the item or any other fees. At a minimum, buyer will be charged the amount of its bid to satisfy payment obligations to the Seller. TE30A may, in its absolute and sole discretion, resell the items, dispose of or donate the items to a charity of TE30A’s choosing. TE30A reserves the right to charge buyer’s credit card on file for any moving, restocking or disposal charges and will not refund payment for the items. This is in addition to and not in lieu of any other remedies available to TE30A hereunder for Buyer’s breach.

9. Feedback

Feedback is an important part of TE30A content and is a resource that should be used only in good faith. Accordingly, the following actions are prohibited:

(1) Buyers are not allowed to use threats of negative feedback or low detailed seller ratings to get something that was not part of an original listing, and Sellers cannot demand positive feedback from Buyers.

(2) Users cannot exchange feedback solely for the purpose of increasing feedback scores, gaining TE30A privileges, or enhancing their reputation on our site. Neither can they influence another User’s feedback through a series of repeat purchases, or by leaving negative comments with a positive rating.

(3) Sellers are not allowed to include terms and conditions in a listing that limit or restrict Buyers from leaving feedback.

(4) Such acts of manipulation, extortion, or abuse that, in TE30A’s sole discretion, violate the terms, spirit, or intent of this Agreement.

If you receive negative feedback that you do not think is fair, you can respond to the feedback and tell your side of the story. As a Seller, you can also send a limited number of requests for buyers to revise their feedback. If a User has violated one of our feedback policies, you can ask us to have it removed. Once we review it, we may remove the entire feedback, or just the comment or the rating. If you have successfully completed a transaction with another User and they have not left feedback, it is fine to send a message as a reminder. Remember though, leaving feedback is completely voluntary

10. Embargoed Goods and Prohibited Countries Policy

Various US agencies have restrictions in place that regulate or ban trade with persons in certain countries. TE30A prohibits the sale of embargoed or restricted items from or to such countries. Buying or selling certain items made in restricted countries may not be lawful, depending on the nature of the item, when it was manufactured, and when it left that specific country. Federal agencies also ban or regulate trade between people in the US and certain organizations, businesses, and individuals. TE30A prohibits those organizations, businesses, or individuals from using our site or Services. When submitting items for sale on TE30A, you attest that the items that you are submitting do not violate any US laws, policies or restrictions on items from or to countries that have restrictions and regulations in place with the US government. Sellers and buyers must follow these guidelines, failing which they will be subject to a range of penalties and restrictions, including limits on buying and selling ability and suspension or termination of accounts.

11. TE30A’s Rights as to Seller Content, Release of Claims

By providing Seller-generated content and material (the “Seller Content”) to TE30A directly or indirectly through the site or the Service, you hereby grant to TE30A and its affiliates a perpetual, irrevocable, royalty-free, worldwide, sublicensable, fully paid up, royalty-free, and transferable right and license to use, copy, publish, translate, modify, reformat, create derivative works from, distribute, reproduce, sell, publicly display and perform, transmit, publish, broadcast, host. archive, store, cache, use or otherwise exploit all or any portion of the Seller Content, as well as your name, persona and likeness included in any Seller Content and your social media account handle, username, real name, profile picture and/or any other information associated with the Seller Content, in any commercial or noncommercial manner whatsoever, in whole or in part, in any and all distribution channels, forms, media or technology, whether now known or hereafter developed, including but not limited to in stores, printed marketing materials, emails, web pages, social media accounts and for any other marketing, advertising, public relations, sales or promotional purposes with or without attribution and without further notice to you. Neither you, nor any other person or entity will have the right to (i) receive any royalty or consideration of any kind for the use of the Seller Content pursuant to these TE30A Terms and Conditions or (ii) inspect or approve the editorial copy or other material that may be used in connection with the Seller Content. TE30A retains the right, in its sole discretion and without prior notice, to remove, revise or refuse to post any Seller Content for any reason or no reason. Subject to the licenses granted in these TE30A Terms and Conditions, you retain ownership of any copyright and other rights you may have in the Seller Content to the fullest extent permitted under applicable law, but you waive your right to enforce against TE30A, our assignees, our sublicensees, and their assignees your Intellectual Property Rights in the Seller Content in connection with our, those assignees’, and those sublicensees’ use of that Seller Content in connection with our provision, expansion, and promotion of the Services. By submitting Seller Content, you represent and warrant that (i) you own or control any and all rights in and to the Seller Content, and you have all rights required to provide the Seller Content to TE30A and grant the licenses granted herein to TE30A , and if you are not the holder of such rights, the holder of such rights has completely and effectively waived all such rights and irrevocably granted you the right to grant the rights and licenses to TE30A herein without the need for payment to you or any other person or entity; (ii) you have obtained permission from an) individuals that appear in the Seller Content to use, and grant others the right to use, their name. image, voice and/or likeness without the need for payment to you or any other person or entity; (iii) you are 18 years of age or older; and (iv) the Seller Content is accurate and complete and does not (a) contain false or misleading information, (b) infringe on or violate or misappropriate the intellectual property, privacy, publicity, statutory, contractual or other rights of any third party, (c) contain any libelous, defamatory, obscene, offensive, threatening or otherwise harassing or hateful content, (d) contain any addresses, email addresses phone numbers or any contact information or (e) contain computer viruses, security vulnerabilities, worms or other harmful or malicious code.

Upon request by TE30A, you will furnish TE30A any documentation, substantiation or releases necessary to verify your compliance with these TE30A Terms and Conditions. You are solely responsible for the Seller Content. TE30A does not guarantee the truthfulness, accuracy or reliability of any Seller Content or endorse any opinions expressed by any User or anyone else. By submitting the Seller Content you fully and unconditionally release and forever discharge TE30A and its officers, directors, employees and agents from any and all claims, demands and damages (actual or consequential, direct or indirect), whether now known or unknown, of every kind and nature relating to, arising out of or in any way connected: (i) disputes between you and a Buyer or one or more users or any other person or entity, or (ii) the use by TE30A or you of the Seller Content, including, without limitation, any and all claims that use of the Seller Content pursuant to these TE30A Terms and Conditions violates any of your intellectual property rights, copyrights, rights of publicity or privacy, “moral rights,” or rights of attribution and integrity. You acknowledge and agree that TE30A has no control over and shall have no liability for any damages resulting from, the use (including, without limitation, re-publication) or misuse by you or any third party of any Seller Content. TE30A acts as a passive conduit for Seller Content and has no obligation to modify, screen or monitor Seller Content. If TE30A becomes aware of any Seller Content that allegedly may not conform to these TE30A Terms and Conditions, TE30A may investigate the allegation and determine in its sole discretion whether to take action in accordance with these TE30A Terms and Conditions. TE30A has no liability or responsibility to Users for performance or nonperformance of such activities. TE30A has the absolute right to modify, redact, remove and/or delete, without notice, any Seller Content that it deems objectionable. You consent to such modification, redaction, removal and/or deletion and waive any claim against TE30A for such modification, redaction, removal and/or deletion. TE30A is not responsible or liable for any loss of or failure to store Seller Content or other content, information or materials you transmit through the Service. You should take measures to preserve copies of any data, material, content or information you post on the Service or any other sites or platforms

12. Copyright Complaints

It is our policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”). If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify TE30A’s copyright agent as set forth in the DMCA.

The above information must be submitted to the following DMCA Agent

Attn: James R Horton

Address: 323 E. Seahorse Circle Santa Rosa Beach, FL 32459

Telephone: 513-205-5474

Email: theexchange30a@gmail.com

Under federal law, if you knowingly misrepresent that online material is infringing, you may be subject to criminal prosecution for perjury and civil penalties, including monetary damages, court costs, and attorneys’ fees. Please note that this procedure is exclusively for notifying TE30A and its affiliates that copyrighted material has been infringed. The preceding requirements are intended to comply with TE30A’s rights and obligations under the DMCA, including 17 U.S.C. §512 (c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws. In accordance with the DMCA and other applicable law, TE30A has adopted a policy of terminating, in appropriate circumstances, Users who are deemed to be repeat infringers. TE30A may also at its sole discretion limit access to the Service and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

13. Indemnity

All Users (sometimes referred to below as “you” and “your”) agree to indemnify and hold harmless TE30A and its affiliates and their respective employees, contractors, agents, officers, licensors, managers and directors, from and against any and all claims, damages, suits, proceedings, investigations, actions, demands, obligations, losses, damages, settlement amounts, fines, penalties, costs, expenses and any and all other liabilities (including but not limited to reasonable attorneys’ fees and court costs) arising from or related to: (i) your use of and access to the site and/or the Service, including any data or content transmitted or received by you; (ii) your violation of any term of these TE30A Terms and Conditions, including without limitation your breach of any of the representations and warranties set forth herein; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity or intellectual property ; (iv) your violation of any applicable law, rule, regulation or guideline; (v) your Seller Content or any content that is submitted via your account including without limitation any misleading, false, or inaccurate information you submit or otherwise provide; (vi) your acts, omissions, negligence or willful misconduct, including without limitation any shill bidding; (vii) any other party’s access and use of the Service with your unique username, password or security code and any failure by you to properly secure your password and security codes and (viii) your items, including without limitation any product liability claims, claims for damage to person or property, including death, or otherwise arising out of or relating in any way to the items purchased or sold by you through the site and/or the Services, including, but not limited to, in the case of Consigned Items, the shipment from, and/or handling and/or moving of such items on the TE30A premises, except to the extent such losses are caused by the gross negligence or willful misconduct of TE30A

14. Disclaimer of Warranties as to Site and Services

In addition to the other disclaimers of warranties contained herein, TE30A expressly disclaims all representations and warranties with respect to its site and the Service, all of which is provided on an “AS IS” and “AS AVAILABLE” basis. Use of the site and the Service is at your own risk. To the maximum extent permitted by applicable law, the site and the Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. No advice or information, whether oral or written, obtained by you from TE30A, a seller, a third party or through the Service will create any warranty not expressly stated herein.

Without limiting the foregoing, TE30A, its subsidiaries, its affiliates, and its licensors do notwarrant that the content is accurate, reliable or correct; that the site or the Service will meet your requirements; that the site or Services will be available at any particular time or location, or will be uninterrupted or secure; that any defects or errors in the site or the Service will be corrected; of that the site or the Service is free of viruses, security vulnerabilities or other harmful or malicious components.

Any content downloaded or otherwise obtained through the use of the site or the Service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the site or Service. TE30A does not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a seller or by a third party through the service or any hyperlinked website or service, and TE30A will not be a party to or in any way monitor any transaction between you and a seller or third-party providers of products or services. TE30A is not responsible for the acts or omissions of carriers in packing or shipping of purchased items, whether or not such carrier is recommended or used by TE30A.

Some states do not allow exclusion of implied warranties, so these exclusions may not apply in individual cases where a court or arbitrator so determines in a non-appealable ruling. To the extent that TE30A may not, under a non-appealable determination of applicable law, disclaim any implied warranty, the scope and duration of such warranty will be the minimum permitted under such applicable law.

16. Limitation of Liability; Additional Release

Consequential Damages Disclaimer – To the maximum extent permitted by applicable law, TE30A and its affiliates and their respective officers, directors, employees, agents, managers, successors and assigns shall have no liability to Users for any consequential, indirect, incidental, exemplary, special or punitive damages or other pecuniary damages, including without limitation lost profits, loss or corruption of data, loss of use, costs to procure substitute goods or services, or other similar damages, whether in contract, tort or otherwise, and whether or not TE30A has been advised of the possibility of such damages or if such damages were reasonably foreseeable

Direct Damages Limitation – To the maximum extent permitted by applicable law, TE30A’s total aggregate liability to you for all claims shall be limited to, and shall not exceed, the greater of (a) the total fees which you paid to us in the six (6) months prior to the action giving rise to the liability and (b) $250.00, irrespective of the cause or origin of claimed damages, or results, directly or indirectly, to persons or property from TE30A’s performance or nonperformance of obligations imposed by this Agreement or from negligence, active or otherwise, of TE30A, its agents or employees.

Consigned Items Disclaimer – To the maximum extent permitted by law, TE30A shall not be liable to any Seller for any loss or damage to items or any other items tendered, stored or handled or for any other property of Seller however caused unless such loss or damage directly and proximately results from the gross negligence or willful misconduct of TE30A. If the foregoing limitations are not enforceable for any reason, the Consignor agrees that TE30A’s maximum total aggregate liability for any damage to any item shall be limited to the current market value of the item, not to exceed $50 per item.

Release – If you have a dispute with one or more Users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) 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. In accepting this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

17. Legal Disputes, Agreement to Arbitrate

Users (sometimes referred to below and “you” or “your”) and TE30A agree that any claim or dispute at law or equity that has arisen, or may arise, between you and TE30A (including any claim or dispute between you and a third-party agent of TE30A) that relates in any way to or arises out of these Terms and Conditions, your use of or access to the Services and/or the site, the actions of TE30A or its agents, or any products or services sold or purchased through the Services and/or site, will be resolved in accordance with the provisions set forth in this Legal Disputes Section.

Expiration of Claims — You agree that any claim or cause of action you may have with respect to TE30A or the Service must be commenced within one hundred eighty (180) days after the date the claim or cause of action arose

Governing Law – You agree that: (i) the Service, site, activities of TE30A, and these Terms and Conditions shall be deemed solely based in Walton County, Florida; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than Florida. These Terms and Conditions shall be governed by the internal substantive laws of the State of Florida, without respect to its conflict of laws principles.

The parties acknowledge that these Terms and Conditions evidence a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of these Terms and Conditions shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

Agreement to Mediate, then Arbitrate – With the exception noted below, Users and TE30A understand and agree that any dispute between them arising after the effective date of this agreement shall be resolved exclusively by mediation before an agreed third-party neutral and, if mediation is unsuccessful, arbitration conducted pursuant to the Commercial Arbitration Rules of the American Arbitration Association. The venue of such mediation and/or arbitration shall be Walton County, Florida, and all costs thereof shall initially be split between the parties; the arbitration award shall then include an assessment of ultimate responsibility for payment of such costs. Nothing herein shall inhibit or preclude the parties from exercising remedies elsewhere provided herein.

Class Action/Jury Trial Waiver – With respect to all persons and entities, regardless of whether they have obtained or used the Service for personal, commercial or other purposes, all claims must be brought in the parties’ individual capacities, and not as a plaintiffs or class members in any purported class action, collective action, private attorney general action or other representative proceeding. This waiver applies to class arbitration, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s claims. You agree that, by agreeing to these TE30A Terms and Conditions you and TE30A are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind. Also, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). Any relief awarded cannot affect other Users. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court, subject to your and TE30A’s right to appeal the court’s decision. All other claims will be arbitrated except as noted above.

Jurisdiction – Unless you and we agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of a decision by the arbitrator or a court order, or for any actions for which we or you retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction as set forth in the Arbitration provision above, including any provisional relief required to prevent irreparable harm, you agree that any claim or dispute that has arisen or may arise between you and TE30A must be resolved exclusively by a state court located in Walton County, Florida, or in the nearest federal court where exclusive federal jurisdiction exists. You and TE30A irrevocably agree to submit to the exclusive personal jurisdiction of the courts located within Walton County, Florida, for the purpose of litigating all such claims or disputes. You further agree that Walton County, Florida, is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision above is found to be unenforceable

Opting Out – IF YOU ARE A NEW USER OF OUR SERVICE, YOU CAN CHOOSE TO REJECT THIS AGREEMENT TO ARBITRATE (“OPT-OUT”) BY MAILING US A WRITTEN OPT-OUT NOTICE (“OPT-OUT NOTICE”). THE OPT-OUT NOTICE MUST BE POSTMARKED NO LATER THAN 30 DAYS AFTER THE DATE YOU ACCEPT THIS AGREEMENT FOR THE FIRST TIME. YOU MUST MAIL THE OPT-OUT NOTICE TO THE EXCHANGE 30A, LLC, ATTN: OPT OUTS C/O JAMES R HORTON, 323 E. SEAHORSE CIRCLE, SANTA ROSA BEACH, FL 32459. You must complete and mail that to us in order to opt out of the Agreement to Arbitrate. You must include your name, address (including street address, city, state and zip code), and the user ID(s) and email address(es) associated with your use of the TE30A Service account(s) to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the Agreement to Arbitrate. If you opt out of the Agreement to Arbitrate, all other parts of this User Agreement and its Legal Disputes Section will continue to apply to you. Opting out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us

18. Privacy Notice

This policy details how data about you is used when you access our site or Services, including via our mobile applications (together, “Services”) or interact with us. If we update it, we will revise the date, place notices on the site if changes are material, and/or obtain your consent as required by law.

Protecting Your Privacy

We take precautions to prevent unauthorized access to or misuse of data about you.
We do not run ads, other than the classifieds posted by our users.
We do not share your data with third parties for marketing purposes.
We do not engage in cross-marketing or link-referral programs.
We do not employ tracking devices for marketing purposes.
We do not send you unsolicited communications for marketing purposes.
We do not engage in affiliate marketing (and prohibit it on our Services).
We do provide email proxy & relay services to reduce unwanted email.
Please review privacy policies of any third-party sites linked to or from our Services.
We do not respond to “Do Not Track” signals (see allaboutdnt.com).

Data we Collect, Use and Disclose

Below is a list of all the types of data we anticipate collecting, where we expect to get it, why we collect it and the categories of third parties to whom we may disclose it. We do not sell your data to third parties. Please note that disclosure to “Payment processors” applies when you pay for a posting using a credit card.

Data type	Where we get it	Why collected	Disclosed to
First and last name	User entry	Facilitating transactions and personalizing your use of Services	Payment processors
Email address	User entry	Account creation, user-to-user and TE30A-to-user communications and combatting fraud/abuse	No one
Phone number	User entry	User-to-user communications, combatting fraud/abuse, personalizing your use of Services	Payment processors and phone verification service providers
Mailing or street address	User entry	Account and post creation, TE30A communicating with corporate and other users, facilitating transactions and personalizing your use of Services	Payment processors
Credit card data	User entry	Facilitating your transactions	Payment processors
Geographic location (Latitude and longitude)	User entry, IP/geolocation providers	Personalizing your use of the Services and combatting fraud/abuse	No one
Photos and other data you voluntarily provide, post on or send via Services	User entry	Facilitating and personalizing your use of Services	No one
Saved searches, account preferences, favorite/hidden postings	User entry	Facilitating and personalizing your use of Services	No one
HTTP browser cookie	User’s browser, TE30A web server	Facilitating and personalizing your use of Services and combatting fraud/abuse	No one
Information about your device and browser such as device ID, browser version, operating system, plugins	User’s browser, mobile app	Facilitating and personalizing your use of Services and combatting fraud/abuse	No one
IP address	User’s browser, mobile app, IP/geolocation providers	Combatting fraud/abuse	Service providers that help us combat fraud/abuse
Web page views, access times, HTTP headers	User’s browser, mobile app	Combatting fraud/abuse	No one

We may share some or all of the above listed data in the following circumstances:

to respond to subpoenas, search warrants, court orders, or other legal process.
to protect the rights, property, or safety of TE30A users, TE30A, or the general public.
at your direction (e.g. if you authorize us to share data with other users).
in connection with a merger, bankruptcy, or sale/transfer of assets.

Data We Store

We retain data as needed to facilitate and personalize your use of the Services, combat fraud/abuse and/or as required by law.
We make good faith efforts to store data securely but can make no guarantees other than as required by applicable law.
You may access and update certain data about you via your account login.

California Users

California residents may learn more about the California Consumer Privacy Act and how it applies to them by visiting the California Attorney-General’s website.

Right to know: You have the right to request that we disclose the data we collect, use and disclose, and other information relating to data we collect about you.

Right to delete: You have the right to request the deletion of data that we have collected from you, subject to certain exceptions.

Right to non-discrimination: You have the right not to receive discriminatory treatment for exercising the rights listed above.

You may submit a request to know or delete data via exchange30a@gmail.com. Only you, or someone you authorize to act on your behalf, may make a request to know or delete your data. An authorized agent may make a request on your behalf by providing written permission signed

by you. We will need to confirm your identity before processing your request by asking you to log into your existing account (if you are a registered user) or by asking you for additional information, such as a government issued ID, to confirm your identity against information we have already collected. If you are a registered TE30A user under the age of 18, you may request (via exchange30a@gmail.com) and obtain removal of content or information publicly posted on our Services. Please note that removal does not ensure complete or comprehensive removal of said content or information from the Internet.

International Users

By accessing our Services or providing us data, you agree we may use and disclose data we collect as described here or as communicated to you, transmit it outside your resident jurisdiction, and store it on servers in the United States. For more information please contact our privacy officer at exchange30a@gmail.com.

Contact

If you have any questions or concerns about TE30A’s privacy policy and practices, please email exchange30a@gmail.com.

18. Miscellaneous

Changes to the TE30A Terms and Conditions — TE30A reserves the right, at its sole discretion, to change, modify, add or remove any portion of the TE30A Terms and Conditions, in whole or in part, at any time, and we will post the revised version on the site. Changes to the TE30A Terms and Conditions will be effective when posted. Your continued use of the site and/or the Services after any changes to the TE30A Terms and Conditions are posted will be considered acceptance of those changes. Further, the policies applicable to our Services may be changed from time to time and changes take effect when we post the revised policies on the site.

California Residents — If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

Notices to You — We may provide any notice to you under these TE30A Terms and Conditions by: (i) sending a message to the e-mail address you provide or (ii) by posting to the site. Notices sent by e-mail will be effective when we send the e-mail and notices we provide by posting will be effective upon posting. It is your responsibility to keep your e-mail address current and keep us informed of any changes in your email or mailing address so that you continue to receive all Communications without interruption. You hereby (i) consent to receive all communications from us in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, documents, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such Communications would satisfy if they were in writing. Your consent to receive Communications and do business electronically, and our agreement to do so, applies to all of your interactions and transactions with us. The foregoing does not affect your non-savable rights.

Notices to Us — To give us notice under these TE30A Terms and Conditions, you must contact us as follows: The Exchange 30A, ATTN: James R Horton, 323 E. Seahorse Circle, Santa Rosa Beach, FL 32459, email: the exchange30a@gmail.com. We may update the contact information for notices to us by posting a notice on the site or amending these TE30A Terms and Conditions. Notices will be effective when received by TE30A.

Independent Contractors – No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these TE30A Terms and Conditions.

No Waiver — Any waiver of any provision of the TE30A Terms and Conditions by TE30A must be made in writing and signed by an authorized representative of TE30A specifically referencing the TE30A Terms and Conditions and the provision to be waived.

Cumulative Remedies — All rights and remedies provided to TE30A are cumulative and not exclusive, and the exercise by TE30A of any right or remedy does not preclude the exercise of any other rights or remedies that may now or subsequently be available at law, in equity, by statute, in any other agreement between the parties or otherwise.

Severability — If any term or provision of these TE30A Terms and Conditions is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of these TE30A Terms and Conditions or invalidate or render unenforceable such term or provision in any other jurisdiction. Upon a determination that any term or provision is invalid, illegal or unenforceable, the court may modify these TE30A Terms and Conditions to effect the original intent of the parties as closely as possible in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible.

Force Majeure — We will not be liable or responsible to you, nor be deemed to have defaulted or breached these TE30A Terms and Conditions, for any failure or delay in our performance hereunder when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

Survival – All limitations of liability, disclaimers of warranties, payment, legal disputes provisions, indemnity provisions, and “Miscellaneous” shall survive any termination of these TE30A Terms and Conditions.

Assignment — You will not assign any of your rights or delegate any of your obligations under these TE30A Terms and Conditions without our prior written consent. Any purported assignment or delegation in violation of this paragraph is null and void. No assignment or delegation relieves you of any of your obligations under these TE30A Terms and Conditions. TE30A may assign or transfer these TE30A Terms and Conditions and/or its rights and/or obligations hereunder.

Entire Agreement — These TE30A Terms and Conditions, and any Additional Agreement between us will be deemed the final and integrated agreement between Users and us on the matters contained in these TE30A Terms and Conditions.

Trademarks – The name “The Exchange 30A,” “TE30A” and other TE30A marks, logos, designs, and phrases that we use in connection with the site and Service are trademarks, service marks, or trade dress of The Exchange 30A, LLC, in the U.S. and other countries. They may not be used without the express written prior permission of TE30A.