Terms of Use

Thanks for using Tradeber’s services! These Terms of Use ("Terms") contain the rules and restrictions that govern your use of our website(s), products, services and applications (the "Services"). Please read the Terms carefully, and if you have any questions, comments, or concerns regarding these Terms or the Services, please contact us at [email protected]
These Terms of Use (the "Terms") are a binding contract between you and Tradeber, Inc. You must agree to and accept all of the Terms, or you can't use the Services. By using the Services, whether by registering for an account, making a purchase, or otherwise, you agree to be bound by these Terms, our Privacy Policy , and our Intellectual Property Policy - Copyright Policy. If you have a merchant account, your use of the Services is also governed by the Merchant Terms of Service and Agreement . If there is a conflict between the Merchant Terms and these Terms, the Merchant Terms shall control to the extent of the conflict. In addition, all policies and regulations on merchants released by Tradeber from time to time are collectively referred to as “Merchant Policy”.

Table of Contents

1. Parties
2. Services
3. User Requirements
4. Rules and Restrictions
5. Privacy
6. Communications
7. Content; License
8. Copyright
9. Responsibilities
10. Changes to the Services
11. Costs and Fees
12. Purchases; Pricing
13. Refunds, Exchanges and Related
14. Rewards, Credits and Tradeber Coin
15. Ending Our Relationship
16. iOS Special Terms
17. Changes to Terms
18. WARRANTY DISCLAIMER. THIS DISCLAIMER SECTION IS AN ESSENTIAL PART OF THESE TERMS.
19. LIMITATION OF LIABILITY
20. Indemnity
21. General
22. ARBITRATION

1. Parties

1.1 In this policy we refer to Tradeber, Inc as "Tradeber" or "we" or "us." We refer to end-users as "you" and the entities that list and sell products and services as "Merchant(s)."
1.2 Tradeber allows sellers ("Merchants") to set up stores that list and sell products and services (“Products”) to end-users. When you purchase a Product, the contract for sale is solely between you and the Merchant. That means that when you purchase a Product on Tradeber, your transaction is with the Merchant who listed the Product and the Merchant is responsible for fulfilling your order. Tradeber provides the technology platform for Tradeber and acts as a payment collection agent for the Merchant solely for the limited purpose of accepting funds from you, on behalf of the Merchant, upon your purchase of a Product from the Merchant via Tradeber.

2. Services

2.1 Tradeber operates marketplaces that allow Merchants and users to share information and complete purchases. Merchants are responsible for their stores, their Products, their Product listings (including any original or strike-through prices), and fulfillment of your order.
2.2 Although we are not a party to the contract formed between you and a Merchant when you purchase Products sold by Merchants, we may, in relation to providing our Services or in relation to our role as a limited payment collection agent for Merchant, assist with payment processing, returns, refunds, and other customer services.
Tradeber does not guarantee: (i) the existence, quality, safety, suitability, or legality of Merchant Products or Product listings; (ii) the truth or accuracy of any Product listings, descriptions, or other content provided by Merchants; or (iii) the performance or conduct of Merchants or other third parties. Except where we clearly indicate otherwise, Tradeber does not endorse any Merchant, store, Product, or Product listing. Please read all labels, warnings, and directions provided with a purchased Product before using or receiving it, and consider doing your own research prior to making a purchase.
2.3 You acknowledge and agree that Tradeber acts as the Merchant’s payment collection agent solely for the limited purpose of accepting payments from you on behalf of the Merchant. Upon your payment of funds to us, your payment obligation to the Merchant for the agreed-upon amount is extinguished, and Tradeber is responsible for remitting the funds to the Merchant in the manner described in the Merchant Terms of Service and Agreement , which constitutes Tradeber’s agreement with the Merchant. In the event that Tradeber does not remit any such amounts, the Merchant will have recourse only against Tradeber and not you directly.
2.4 Please check all details and any restrictions regarding each Product thoroughly before you place your order with a Merchant. With regard to any requests for services, please note that it is solely your responsibility (or the responsibility of the person receiving the services) to inform the Merchant of any medical or health conditions and/or special needs that may affect or be affected by the services (including, but not limited to, information regarding allergies and health problems).

3. User Requirements

3.1 In order to use the Services, you must be 13 years old or older (or the age of consent set by applicable law) and be of legal age to form a binding contract (or if not, you've received your parent's or guardian's permission to use the Services and gotten your parent or guardian to agree to these Terms on your behalf). Products for children's use may be sold by Merchants; however, these Products are intended for sale to adults. Certain Products may be intended for individuals of certain ages or "mature audiences" only. By ordering such Products, you certify that you are old enough to view, use, own, or receive them. Tradeber has no liability to you for third-party content that you find to be offensive, indecent, or objectionable.
3.2 You are not permitted to use the Services if: (a) you cannot enter into a binding contract with Tradeber; (b) you are located in a country embargoed by the United States or if you are on a U.S. Agency list of prohibited persons or entities, such as the Treasury Department's list of Specially Designated Nationals; or (c) you have previously been banned from using any of our Services, unless we have reversed that ban, in our sole discretion.
3.3 You may be required to create an account, and select a password and user name. You promise to provide us with accurate, complete, and updated registration information about yourself, including contact information. If you make any changes to your contact information, you must update us immediately at the address provided in Section 21.7, below. You may not select as your user name a name that you don't have the right to use, or another person's name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.

4. Rules and Restrictions

4.1 You agree to use the Services for your own internal and personal use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with these Terms, applicable marketplace policies, and all laws that apply to you. If your use of the Services (including the purchase of any Product on the Services) is prohibited by any applicable laws, then you aren't authorized to use the Services. We are not responsible if you use the Services in a way that breaks the law.
4.2 You will not share your account or password with anyone, and you must protect the security of your account and your password. You must notify Tradeber immediately of any unauthorized use of your password or any other breach of the security of your account. You are responsible for all activity associated with your account.
4.3 You must not let others use your account.
4.4 Any sweepstakes, contests, raffles, surveys, games, or similar promotions (collectively, "Promotions") made available through the Services may be governed by rules that are separate from these Terms of Use. If the rules for a Promotion conflict with these Terms of Use, the Promotion rules will govern.
4.5 When accessing or using the Services, you agree to:
a. Abide by all laws, rules, regulations, these Terms, and all Tradeber policies;
b. Only purchase Products you are legally able to purchase in your jurisdiction;
c. Only use (or attempt to use) the Services through interfaces provided by Tradeber; and
d. Comply with the instructions in any robots.txt file present on the Services.
4.6 When accessing or using the Services, you agree not to:
a. Infringe or violate the intellectual property rights or any other rights of anyone else, including Tradeber (see our Intellectual Property Policy- Copyright Policy for more info);
b. Violate these Terms, Tradeber policies, or any law or regulation, including any applicable export control laws;
c. Engage in activity that is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
d. Circumvent any terms, policies or rules set forth on the Services including those relating to any promotion, contest, or program on the Services;
e. Collect personal data from users of the Services or use any such information found on the Services;
f. Engage in activity that jeopardizes the security of your account or anyone else's (such as allowing someone else to log in to the Services as you);
g. Attempt, in any manner, to obtain another user’s password, account, or other security information;
h. Use a third party's credentials, conceal your true IP address, or otherwise impersonate or misrepresent your identity or your affiliation with any person or entity;
i. Violate the security of any computer network, or crack any passwords or security encryption codes;
j. Run a Maillist, Listserv, or any form of auto-responder or "spam" on the Services, any process that runs or is activated while you are not logged into the Services, or any process that otherwise interferes with the proper functioning of the Services (including by placing an unreasonable load on the Services' infrastructure);
k. "Crawl," "scrape," or "spider" any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
l. Copy or store any significant portion of the Content;
m. Decompile, reverse engineer, or otherwise attempt to obtain the source code or underlying ideas or information of or relating to the Services;
n. Attempt to buy any Prohibited Products;
o. Abuse any promotions, discounts, or other benefits offered by Tradeber or Merchants, including farming or harvesting of discounts or promotion codes;
p. Schedule, request, or otherwise solicit services from a Merchant where you do not intend to follow through with the receipt of, or payment for, such services, or where you do not meet the Merchant’s requirements as stated in the service description; or
q. Attempt to do anything, or permit, encourage, assist, or allow any third party to do anything, prohibited in this list, or attempt, permit, encourage, assist, or allow any other violation of these Terms.
In addition to any other remedies available to us, including without limitation monetary and nonmonetary damages, a violation of any of the foregoing is grounds for: adjustment of prices/amounts due; cancellation of one or more purchases; and/or suspension or termination of your right to access or use the Services.

5. Privacy

5.1 Our Privacy Policy provides information about how we collect, use, and disclose your personal information. By creating an account, viewing Products, making a purchase, or otherwise using the Services, you acknowledge that we will collect, use, and disclose your personal information as described in our Privacy Policy .
5.2 Your purchases are fulfilled by Merchants. In order to fulfill your purchases, Merchants need information about you, such as your mailing address. You acknowledge that when you make a purchase, Tradeber treats it as a request from you to share your information (including your name, street address, and phone number) with the relevant Merchant to, for example, facilitate shipping or the provision of Products to you.
5.3 You acknowledge and agree that Tradeber may access, preserve, and disclose your account or user information (if such information exists) as described in our Privacy Policy , including without limitation, if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any of your acts violate the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Tradeber, its users, or the public.

6. Communications

6.1 Tradeber may communicate with you using the email that you provide us, to: (i) notify you regarding your account; (ii) troubleshoot problems with your account; (iii) resolve a dispute; (iv) collect a debt; (v) poll your opinions through surveys or questionnaires; or (vi) as otherwise necessary to service your account or enforce these Terms, our policies, applicable law, or any other agreement we may have with you.
6.2 If you would like to receive marketing via mobile texts and alerts, you may sign up to do so. By signing up, you provide your consent to receive recurring autodialed marketing texts or other mobile messages from or on behalf of us at the mobile number you've provided. You understand that consent is not a condition of purchase. Message and data rates may apply. If you would like to be removed from the Tradeber marketing text list, you can contact us at [email protected]
6.3 Tradeber may route communications with you through a third-party service provider, and we or the service provider may record or monitor telephone conversations you have with Tradeber or its agents for quality control and training purposes, or for our own protection. You consent to such recording and monitoring. Tradeber may also track communications between you and Merchants (using a service provider or through other methods) so that Tradeber and the Merchants can access certain details about your communications with Tradeber or Merchants. As part of this process, Tradeber and the service provider will receive and store data about your communication, including the date and time of the communication, your contact information, and the content of the communication. You consent to these practices by Tradeber and the service provider. The information is subject to our Privacy Policy .

7. Content; License

7.1 Materials displayed, performed, or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Submissions, Feedback (all of the foregoing, the "Content") may be protected by copyright and/or other intellectual property laws. You agree to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and to not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell ,or otherwise exploit for any purpose any Content not owned by you (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else's rights (including Tradeber's).
7.2 Tradeber reserved all rights in Tradeber trademarks.
7.3 You understand that Tradeber owns or licenses the Services. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, or otherwise exploit any of the Services, except as expressly provided in this section 7.
7.4 Subject to your compliance with these Terms and all applicable policies, rules, and guidelines, and your payment of any applicable fees, Tradeber or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Services. All rights not expressly granted to you in these Terms or any policies or guidelines are reserved and retained by Tradeber or its licensors, suppliers, publishers, rightsholders, or other content providers. The licenses granted by Tradeber terminate if you do not comply with these Terms or any applicable policies, rules, or guidelines.

8. Copyright

8.1 We respect others' intellectual property rights, and we reserve the right to delete or disable Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers. Please review our complete Intellectual Property Policy- Copyright Policy - Copyright Policy and contact us at [email protected] to report potentially infringing content.

9. Responsibilities

9.1 Any information or Content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such information or Content originated. You access all such information and Content at your own risk, and we aren't liable for any errors or omissions in that information or Content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for your having acquired or not acquired Content through the Services. We cannot guarantee the identity of any user with whom you interact while using the Services and are not responsible for which users gain access to the Services.
9.2 You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it.
9.3 The Services may contain links or connections to third-party websites or services that are not owned or controlled by Tradeber. When you access third-party websites or use third-party services, you accept that there are risks in doing so, and that Tradeber is not responsible for such risks. We encourage you to be aware when you leave the Services and to read the terms and conditions and Privacy Policy of each third-party website or service that you visit or utilize.
9.4 Tradeber has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party websites or by any third party that you interact with through the Services. In addition, Tradeber will not and cannot monitor, verify, censor, or edit the content of any third-party website or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third-party website or service.
9.5 Your interactions with organizations and/or individuals found on or through the Services, including communications, payment, performance, and delivery of Products, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties. You agree to take reasonable precautions in all communications and interactions with these third parties and with other persons with whom you communicate or interact as a result of your use of the Services, particularly if you decide to meet offline or in person to receive Products from a Merchant. You agree that Tradeber will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
9.6 If there is a dispute between participants on this site, or between users and any third party, you agree that Tradeber is under no obligation to become involved. In the event that you have a dispute with one or more other users, including a Merchant, you release Tradeber, its officers, employees, agents, and successors from all claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services.
IF YOU ARE A CALIFORNIA RESIDENT YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY." IF YOU ARE NOT A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS UNDER ANY STATUTE OR COMMON LAW PRINCIPLE SIMILAR TO SECTION 1542 THAT GOVERNS YOUR RIGHTS IN THE JURISDICTION OF YOUR RESIDENCE.

10. Changes to the Services

10.1 We're always trying to improve the Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We'll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn't always practical. Similarly, we reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.

11. Costs and Fees

11.1 It is currently free to access and browse Tradeber’s sites and other aspects of the Services. However, you may choose to purchase Products through the Services, and you alone will be responsible for paying the purchase price of any such Products, in addition to any taxes and shipping costs, where applicable. We may cancel or limit quantities of Products purchased, and we reserve the right to refuse any order. In the event we need to make a change to an order, we will attempt to notify you by contacting the email address, billing address, and/or phone number provided at the time the order was made. Prices are subject to change at any time. Due to separate and applicable tax jurisdictions, your purchases may be subject to specific sales, use, customs, or value-added taxes, and the shipping time and associated cost may increase accordingly. As tax rules evolve, Tradeber may calculate and collect taxes applicable to some purchases. See our Tax Policy for additional information.
11.2 Tradeber reserves the right to require payment of fees for certain or all Services, in addition to the fees charged for the purchase of Products. You shall pay all such fees, as described on the website in connection with such Services selected by you. Tradeber reserves the right to change prices and to institute new charges at any time, upon notice to you, which may be posted on the Services. Your use of the Services following such notification constitutes your acceptance of any new or increased charges.

12. Purchases; Pricing

12.1 You are responsible for reading the full Product listing before purchasing a Product. By confirming your purchase, you agree to pay all applicable fees, taxes, and other amounts associated with your use of the Services. Further, you acknowledge your responsibility for VAT and customs duties. You agree that, where applicable, you will act as the importer of the products purchased and you hereby authorize Tradeber to appoint a freight forwarding agent to act as your direct representative and pay any VAT and customs duties on your behalf. Please note that VAT, customs duties, and similar charges collected at the time of purchase are estimated values and may be subject to change depending on local laws. If additional amounts are assessed, you are responsible for them. Tradeber cannot be liable if a Product is delayed or denied customs clearance as a result of your failure to pay such amounts. For more information about VAT, customs duties, and the role of a freight forwarding agent, see our Tax Policy. When a transaction is made pursuant to a shipping contract, the risk of loss and title for products passes to you upon delivery of the products to the carrier.
12.2 Tradeber (and any third-party service providers that we may utilize) may charge you fees for purchases made through the website and any applicable fees will be disclosed to you via the website. You must timely pay all fees or amounts associated with your use of the Services, including for any purchases. YOUR PAYMENTS ARE NON-REFUNDABLE EXCEPT AS EXPRESSLY PROVIDED IN APPLICABLE POLICIES.
12.3 In order to make purchases, you must provide accurate and complete information for a valid payment method, such as a credit card, that you are authorized to use. You must promptly update your account with any changes related to your payment method. BY PROVIDING INFORMATION FOR A PAYMENT METHOD, YOU AUTHORIZE TRADEBER OR ITS AGENTS OR PAYMENT SERVICE PROCESSORS TO CHARGE THE PAYMENT METHOD FOR: (A) AMOUNTS DUE FOR PURCHASED PRODUCTS; (B) ANY AND ALL APPLICABLE TAXES; AND (C) ANY OTHER CHARGES INCURRED IN CONNECTION WITH YOUR USE OF THE SERVICES.
12.4 Each final price is determined by or based on a price supplied by the Merchant offering a Product for sale. Merchants provide the other information in the Product listings, including any reference or strike-through prices. Merchants are obligated to provide accurate information, but we have no way to guarantee the truth or accuracy of the information in Product listings. Tradeber does not represent, warrant, or guarantee that the Merchant actually offered or sold the Product at the strike-through price. You should not rely on the strike-through price in connection with making any decision to purchase. If the comparison price is an important factor in your purchasing decision, you should do your own research and comparisons before making a purchase.
12.5 Pricing or availability errors may occur from time to time. Tradeber reserves the right to cancel any orders containing pricing or availability errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice. Pricing for Products may be different based on other factors, including location, time, and so on.

13. Refunds, Exchanges and Related

13.1 We want you to be satisfied with your purchases on the Services. If you have a problem with an order or purchase, please contact us as described in the Returns Policy. You agree that: (i) Tradeber may, in accordance with its Returns Policy, issue a refund to resolve any problems with your order, including the contents of a Product listing or the delivery, condition, performance, or quality; and (ii) if you wish to pursue any other remedy, you must seek that remedy directly from the applicable Merchant. If you accept a refund, your ability to seek another remedy from the applicable Merchant may be affected.
13.2 Except as described in the Returns Policy, Tradeber cannot refund, reimburse, cover, or otherwise be responsible for any fees, including without limitation those not paid to Tradeber, such as customs, taxes, or any return shipping costs you may incur in the refund process.

14. Rewards, Credits and Tradeber Coin

14.1 Your account may contain rewards, credits, and Tradeber Coin. These may be used for discounts on or payment for eligible purchases made on the Services (but note that not all Products may be eligible). Rewards, credits, or Tradeber Coin cannot be redeemed for cash, except in jurisdictions where required by law. Tradeber Coin is issued and may be used as described in the Tradeber Coin Policy.

15. Ending Our Relationship

15.1 You're free to stop using the Services at any time. Any unpaid amounts you owe Tradeber (for our fees) or Merchants (for Products purchased) will remain due. Tradeber is also free to terminate, or suspend access to, your use of the Services or your account, for any reason in our discretion, including your breach of these Terms. Tradeber has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms. Even after your right to use the Services is terminated, these Terms will remain enforceable against you and unpaid amounts you owe to Tradeber (for our fees) or Merchants (for Products purchased) will remain due.
15.2 Account termination may result in the destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account.
15.3 Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: (i) any obligation you have to pay us or indemnify us; (ii) any limitations on our liability; (iii) any terms regarding ownership or intellectual property rights; and (iv) any terms regarding arbitration and class action waiver.

17. Changes to Terms

17.1 We're constantly trying to improve our Services, so these Terms may need to change along with the Services. We reserve the right to change the Terms at any time, but if we make any material changes, we will attempt to bring it to your attention by placing a notice on the Services or by some other means. If you don't agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.
17.2 Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.

18. WARRANTY DISCLAIMER. THIS DISCLAIMER SECTION IS AN ESSENTIAL PART OF THESE TERMS.

18.1 NEITHER TRADEBER NOR ITS LICENSORS OR SUPPLIERS MAKES ANY REPRESENTATIONS OR WARRANTIES CONCERNING ANY CONTENT CONTAINED IN OR ACCESSED THROUGH THE SERVICES, AND WE WILL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, INTELLECTUAL PROPERTY COMPLIANCE, LEGALITY, OR DECENCY OF MATERIAL CONTAINED IN OR ACCESSED THROUGH THE SERVICES. WE (AND OUR LICENSORS AND SUPPLIERS) MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING SUGGESTIONS OR RECOMMENDATIONS OF PRODUCTS OFFERED OR PURCHASED THROUGH THE SERVICES.
18.2 USE OF THE SERVICES, AND PRODUCTS OFFERED AND PURCHASED ON THE SERVICES, IS AT YOUR OWN RISK. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, THE SERVICES, PRODUCTS AND SERVICES OFFERED AND PURCHASED ON THE SERVICES, OR OTHER CONTENT ARE MADE AVAILABLE TO YOU IS ON AN "AS-IS" AND "AS-AVAILABLE" BASIS, WITHOUT WARRANTIES OR ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TRADEBER EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
18.3 YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SERVICES AND THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SERVICES MAY NOT BE SECURE AND MAY BE INTERCEPTED OR OTHERWISE ACCESSED BY UNAUTHORIZED PARTIES. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TRADEBER IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR PROPERTY OR DATA THAT RESULTS FROM ANY MATERIALS YOU ACCESS OR DOWNLOAD FROM THE SERVICES.
18.4 IF YOU RELY ON ANY DATA OR INFORMATION OBTAINED THROUGH THE SERVICES, YOU DO SO AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS FROM YOUR USE OF SUCH DATA OR INFORMATION.
18.5 CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOREGOING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

19. LIMITATION OF LIABILITY

19.1 NOTWITHSTANDING TRADEBER’S APPOINTMENT AS THE LIMITED PAYMENT COLLECTION AGENT OF MERCHANT SOLELY FOR THE PURPOSES OF COLLECTING PAYMENTS FROM USERS THROUGH THE WEBSITE, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL TRADEBER (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICES OR (B) YOUR USE OF THE SERVICES INCLUDING, WITHOUT LIMITATION, ANY INABILITY TO ACCESS OR USE OR THE PURCHASE AND USE OF PRODUCTS OFFERED FOR SALE THROUGH THE SERVICES, EVEN IF TRADEBER, ITS SUPPLIERS, OR ANY OTHER PERSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
19.2 THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR PERSONAL INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, ANY THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF, ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS.
19.3 YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT TRADEBER SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY MERCHANT OR USER OF THE SERVICES.
19.4 UNDER NO CIRCUMSTANCES WILL THE TOTAL AGGREGATE AMOUNT THAT TRADEBER IS LIABLE TO YOU EXCEED THE FEES PAID TO YOU BY TRADEBER DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS.
19.5 THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN TRADEBER AND YOU.
19.6 WE DO NOT LIMIT OR EXCLUDE OUR LIABILITY WHERE OR TO THE EXTENT THAT IT WOULD BE UNLAWFUL. CERTAIN STATE OR NATIONAL LAWS MAY NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU DESPITE THE "GOVERNING LAW" SECTION OF THESE TERMS OF USE, THE ABOVE APPLIES ONLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
19.7 IF YOU ARE A RESIDENT OF NEW JERSEY , THIS SECTION DOES NOT APPLY TO PREVENT A RIGHT TO RECOVER CERTAIN DAMAGES (INCLUDING PUNITIVE DAMAGES) WHERE A HARMED PERSON PROVES WITH THE REQUIRED EVIDENCE THAT THE HARM SUFFERED WAS THE RESULT OF THE DEFENDANT'S "ACTS OR OMISSIONS AND SUCH ACTS OR OMISSIONS WERE ACTUATED BY ACTUAL MALICE OR ACCOMPANIED BY A WANTON AND WILLFUL DISREGARD OF PERSONS WHO FORESEEABLY MIGHT BE HARMED BY THOSE ACTS OR OMISSIONS." SIMILARLY, THIS SECTION DOES NOT LIMIT TRADEBER'S TORT LIABILITY UNDER NEW JERSEY LAW RESULTING FROM TRADEBER'S OWN INTENTIONAL OR RECKLESS CONDUCT.

20. Indemnity

20.1 To the fullest extent allowed by applicable law, you agree to indemnify and hold Tradeber, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses, and expenses (including attorneys' fees) arising from or in any way related to any third-party claims relating to: (a) your use of the Services, including without limitation, User Submissions or any actions taken by a third party using your account; (b) your violation of these Terms; (c) your violation of any rights of another party, including without limitation any copyright, property, or privacy right or any third-party agreement; or (d) your violation of any applicable laws, rules, or regulations. In the event of such a claim, suit, or action ("Claim"), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
20.2 Tradeber reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Tradeber in asserting any available defenses. This provision does not require you to indemnify Tradeber for any unconscionable commercial practice by Tradeber or for Tradeber's negligence, fraud, deception, false promise, misrepresentation, concealment, suppression, or omission of any material fact. You agree that the provisions in this section will survive any termination of your account, these Terms, or your access to the Services, including the purchase of any Products on the Services.
20.3 Notwithstanding the foregoing paragraph, if you are a resident of New Jersey, you only agree to release, defend, indemnify, and hold Tradeber and its affiliates, and its officers, agents, employees, and partners, harmless from and against any third-party claims, liabilities, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with your violation of these Terms.

21. General

21.1 Electronic Communications

You agree to receive communications from Tradeber electronically, such as emails, texts, and notices and messages on the Services, and to retain copies of these communications for your records. You agree that all terms and conditions, agreements, notices, disclosures, and other communications and documents that Tradeber provides to you electronically will have the same legal effect that such communications or documents would have if they were set forth in "writing."

21.2 Assignment

You may not assign, delegate, or transfer these Terms, your rights or obligations hereunder, or your Services account in any way (by operation of law or otherwise) without Tradeber's prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.

21.3 Force Majeure

Tradeber shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

21.4 Choice of Law

These Terms and any dispute of any sort that might arise between you and Tradeber will be interpreted in accordance with and governed by the law of the State of Georgia and the United States of America, consistent with the Federal Arbitration Act, without regard to any conflict-of-law or other principles that provide for the application of the law of another jurisdiction.

21.5 Exclusive Venue

Any claim or dispute that between you and Tradeber that arises out of or is related to the Services and is not subject to arbitration or eligible for small claims action, shall be decided exclusively by a court of competent jurisdiction located in Georgia, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non-conveniens with respect to venue and jurisdiction in the state and federal courts in Georgia.

21.6 Statute of Limitations

You agree that regardless of any statute or law to the contrary, any claim arising out of or related to the Services must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred. Notwithstanding the foregoing, this statute of limitations shall not apply to residents of New Jersey.

21.7 Notice

Where Tradeber requires that you provide an email address, you are responsible for providing Tradeber with your most current email address. In the event that the last e-mail address you provided to Tradeber is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by these Terms, Tradeber's dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Tradeber at the following address: Tradeber, Inc, Attn: Legal Department, 2855 North Berkeley Lake Rd, Duluth, GA, 30096. Such notice shall be deemed given when received by Tradeber by letter delivered by nationally recognized overnight delivery service or first-class postage prepaid mail at the above address.

21.8 Export Control

You may not use, export, import, or transfer the Services, including any Products purchased on the Services, except as authorized by U.S. law, the laws of the jurisdiction in which you used the Services or purchased Products on the Services, and any other applicable laws. In particular, but without limitation, the Services, including any products purchased on the Services, may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Denied Person's List or Entity List. By using the Services or purchasing Products on the Services, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Services nor the Products purchased on the Services for any purpose prohibited by U.S. law.

21.9 California Consumer Complaints

If you are a California resident, in accordance with California Civil 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.

21.10 Entire Agreement

These Terms and all policies posted through our Services set forth the entire understanding and agreement between you and Tradeber, and supersede all prior understandings and agreements of the parties. These Terms shall not be modified by any of: (i) course of performance between the parties; (ii) course of conduct or dealing between the parties; or (iii) applicable trade practice.

21.11 Waiver

Our failure to respond to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

21.12 Language of the Terms

If we provide a translated version of these Terms, Privacy Policy , Intellectual Property Policy- Copyright Policy , or any other terms or policy, it is for informational purposes only. If the translated version means something different from the English version, then the English meaning will be the one that applies.

21.13 Miscellaneous

You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that Tradeber may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. Subject to Section 22 (Arbitration), if any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Tradeber, and you do not have any authority of any kind to bind Tradeber in any respect whatsoever. Except as expressly set forth in the section above regarding the Apple Applications, you and Tradeber agree there are no third-party beneficiaries intended under these Terms.

22. ARBITRATION

PLEASE READ THE FOLLOWING ARBITRATION AGREEMENT IN THIS SECTION ("ARBITRATION AGREEMENT") CAREFULLY. IT REQUIRES YOU TO ARBITRATE MOST DISPUTES WITH TRADEBER AND MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.
You and Tradeber each agree that any and all disputes or claims that have arisen, or may arise, between you and Tradeber (or any related third parties) that relate in any way to or arise out of this or previous versions of this Agreement, your use of or access to our Services, the actions of Tradeber or its agents, or any products or services sold, offered, or purchased through our Services shall be resolved exclusively through final and binding arbitration in the State of Georgia, rather than in court.
Alternatively, you may assert your claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis.
The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.
22.1 PROHIBITION OF CLASS AND REPRESENTATIVE ACTIONS AND NON-INDIVIDUALIZED RELIEF
YOU AND TRADEBER AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING.
UNLESS BOTH YOU AND TRADEBER AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, CLASS, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. 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.

22.2 ARBITRATION PROCEDURES

The arbitration will be conducted by the American Arbitration Association ("AAA") under its rules and procedures, including the AAA's Consumer Arbitration Rules and the AAA’s Commercial Arbitration Rules (as applicable), as modified by this Agreement to Arbitrate.
A party who intends to seek arbitration must first send to the other, by certified mail, a valid Notice of Dispute ("Notice"). The Notice to Tradeber must be sent to Tradeber Inc., Attn: Legal Department, Re: Notice of Dispute, 2855 North Berkeley Lake Rd, Duluth, GA, 30096. Tradeber will send any Notice to you to the physical address we have on file associated with your account; it is your responsibility to keep your physical address up to date. To be valid, you must personally sign the Notice and complete all information on the Notice form, including a description of the nature and basis of the claims you are asserting, the specific relief sought, and the email address and phone number associated with your account.
If you and Tradeber are unable to resolve the claims described in a valid Notice within 30 days after Tradeber receives that Notice, you or Tradeber may initiate arbitration proceedings.
Where no disclosed claims or counterclaims exceed $25,000, the dispute shall be resolved by the submission of documents only, subject to the arbitrator's discretion to require a non-person hearing if the circumstances warrant. In cases where an in-person hearing is held, you and/or Tradeber may attend by telephone, unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with applicable law. The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having
22.3 COST OF ARBITRATION
You and Tradeber shall each bear 50% of all fees and expenses of the AAA and the arbitrator except as otherwise provided by the Commercial Rules (or, if applicable, the Consumer Arbitration Rules).
22.4 SEVERABILITY
If an arbitrator decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply.
22.5 JURY TRIAL WAIVER
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND TRADEBER KNOWINGLY, VOLUNTARILY, IRREVOCABLY AND ABSOLUTELY WAIVE ALL RIGHTS TO A TRIAL BY JURY OF ANY AND ALL DISPUTES. THIS JURY TRIAL WAIVER IS INTENTIONALLY MADE AS YOU AND TRADEBER WOULD PREFER TO RESOLVE ALL DISPUTES AS PROVIDED BY THIS SECTION 22 (ARBITRATION). THIS JURY TRIAL WAIVER IS A MATERIAL INDUCEMENT TO ENTERING INTO THIS AGREEMENT. FURTHERMORE, YOU AND TRADEBER KNOWINGLY, VOLUNTARILY, IRREVOCABLY AND ABSOLUTELY WAIVE ALL RIGHTS TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR OTHER FORM OF JOINT DISPUTE RESOLUTION WITH OTHER PARTIES.