Terms of Service & Acceptable Use Policy


This policy applies to each Member and is binding between and among the Member and TradeMast LLC (A Georgia LLC) and the TradeMast.com online service (herein the “Service" and/or “TradeMast”). "Service", "TradeMast", "TradeMast LLC", are herein known as (“Company”). A “Member” is any individual, or legal entity, who becomes a subscriber to the Service, or who utilizes the Service in any way, in any capacity, in accordance with the membership standards set forth by the Company. These Terms of Service and Use Policy will be updated from time to time by the Company and it is the responsibility of each Member to review these Terms of Service and Use Policy periodically to be sure they are in agreement. Any attempted registration or log-in to the Service, or 'use' of the Service, including browsing, or use of the TradeMast website shall constitute an acknowledgment by the Member that they have reviewed the latest Terms of Service and Use Policy and affirmatively agree to be bound by such policies. Each Member warrants that all goods and/or services offered on TradeMast are genuine products that the Member owns, or has full legal right to offer on behalf of a third party. Each Member agrees that the Member is solely responsible for all goods and/or services the Member advertises for sale, and the Member holds the Company harmless for any breach of contract, copyright infringement, sales of stolen goods, unlawful 'services', lawsuit or claim from any Member, or other legal causes pertaining to their use of the TradeMast platform. Each Member also agrees to indemnify the Company for any and all expenses incurred by the Company in defense of any claim arising from any action from the Member’s offer and/or completion or non-completion of a sale through the TradeMast platform. The Company provides this Service as an advertising platform only. The Company does not take possession of any goods on behalf of any seller. The Company only provides a database, and associated 'hosting' services, wherein Members and non-members may, at their discretion, search for goods and/or services to buy, and for Members to provide listings of goods and/or services to offer to prospective buyers.


Payments

Members, sellers specifically, agree that they are required to open a FREE Credit Card Merchant Account using Company's affiliation with Global Payments' ProPay (AKA: a TradeMast Merchant Account), underwritten by a major US bank, ' if they wish to advertise a product/service for sale on the TradeMast platform. Members further agree that all payments are made from each Member (Buyer) directly to each Member (Seller) account using their TradeMast Merchant Account and that they are solely responsible for all representations they make, in any manner, regarding the goods/services they are selling. The Company only facilitates API calls (digital messaging) that enable Members to engage in Payments and refunds, and/or accept payments from other Members. Members further agree that they take full responsibility to follow explicitly all applicable rules and regulations during the course of their transactions with other Members. Tsys™ ProPay™ terms of service and/or any other payment service adopted by the Company in the future.


Reversals of Trade Credits

Members should understand, and agree, that Trade Credit rewards are based upon valid sales. Returns and/or chargebacks are not considered 'valid sales' by the Company. A member should expect to see reversing transactions from time to time. We reserve the right to cover our costs of handling the technology to help process those returns. In the event that you are rewarded Trade Credits for any given transaction in your network, that reward is subject to reversal in the event of a chargeback. This charge would be added to your Account Balance in order to offset your existing Trade Credit balance, if any. If this occurs, the Member will see an entry in the Balance register for your convenience and personal record keeping.


Collection of Trade Fees Á SplitPay Policies

For all TradeMast ProPay merchant accounts,The Company will split off (herein defined as "SplitPay") the Trade Fee associated with the sale, according to our fee schedule defined herein. This SplitPay will be reflected as a 'charge' to your Account Balance along with a separate Credit to your Trade Credit balance. This is done as a courtesy to you to enable proper financial record keeping for tax purposes, and general simplicity in handling historical sales records, fees charges and referral credits made within the System. In the event that a SplitPay fails, or is otherwise not collected at the time of settlement with the Seller's Merchant bank, an equivalent debit transaction will be made to the appropriate Seller Account Balance at the time of a completed sales transaction. You explicitly agree that fees are due for services rendered at the time of sale and acknowledge that the debit to the Account Balance and subsequent Credit to your Trade Credit balance is extended as a courtesy to enable you to exactly offset the Trade Fee (SplitPay) as charged, and that you remain in arrears until this transaction is verified by Company. You further acknowledge and agree that any failure of the SplitPay process may result in a debit from your TradeCredit balance, or charge to your Account Balance, and that you will owe company that Trade Fee until and unless you are able to provide definitive proof that the SplitPay was successful. (Proof would include a copy of your Merchant Billing Statement from ProPay clearly delineating the transaction as a Debit from your account or charge settlement amount for the given transaction).

Trade Credit Redemption Fee and Merchant Sweep Fee.

You (member) must have a zero Account Balance before requesting a conversion of Trade Credits. All Transactions involving the conversion of Trade Credits to your Merchant/Commission account will be charged a $0.70 Trade Credit equivalent for each conversion request. Due to this, we recommend waiting until your Trade Credit balance is at least $10.00 or higher before attempting a conversion as $0.70 will be deducted at the time of conversion. For example: You have $9.43 Trade Credit Balance and your Account Balance is 0.00, You wish to convert the entire $9.43. This will result in a transaction like this ($9.43 - $0.70 = $8.73) to your Merchant/Commission account. All transactions involving the "sweep" of funds from your Commission Only, or Merchant Account, will result in a transaction fee of $0.30 or $0.28, respectively, or rates as determined from time to time, from the issuing bank. We are not responsible for your Merchant fees, as you are the sole owner of that account.

Fees for credits to your Buyers

All Transactions involving a credit to one of your Buyers are charged on a per API call basis. This means that each time you issue a credit, for any amount, you will be charged by your merchant bank for this credit API call. TradeMast is not in control of this fee as it is purely a pass-through for the processing fee as determined by ProPay and your sponsoring bank. Keep in mind that you should consider any credits carefully, handle your returns efficiently and fairly, and avoid making unnecessary credits to your Buyer(s). You should endeavor to limit the credit to a single transaction for any given return/refund. Communicating effectively with your Buyer is key to getting their agreement on a proper credit so you can satisfy your Buyer with a single API call for the credit.

Data mining, copying, republishing are prohibited.

Data mining, copying, and republishing from the TradeMast website, in its entirety, is prohibited. Manual or automated means to scrape (obtain) data from the Service is Prohibited. The Company provides an advertising service for various goods and/or services and maintains both Copyright and intellectual property rights over all data presented and/or available through the service(s). Notwithstanding the foregoing, members maintain copyright to their images unless they either a) grant a license to use such images for other purposes beyond their own personal advertising (items/services for sale) or b) such image(s) are in the public domain. Any aforementioned use is unauthorized at all times and subject to criminal and civil claims of: copyright infringement, data theft, computer systems penetration (hacking) laws and similar, and any such behavior will be vigorously pursued in a court of law.

Privacy

The Company represents and warrants that all personally identifiable, non-public information (information not shared by you in the course of business as an 'open' seller) will not be rented, sold or shared with third parties. The Company will not sell your name, email address, physical address, shipment address(es), phone number(s), or Date of Birth, with any third party. We do not store Social Security numbers or EIN/Fed Tax ID numbers as these are passed through to TYSYS ProPay over a secure SSL channel for help in identifying ownership of accounts. Members acknowledge and accept that certain personal information must be input as part of the transaction processes. Example: A Member (Buyer) must provide a valid name and address where their goods/services are to be delivered from other Member (Seller) in the normal course of business. If the Member does not wish to disclose such information, do not use the Service.

Security

As part of The Company’s security strategy, we collect and store only the information we believe is required to facilitate transactions and/or required by law. The Company represents and warrants that the Company generally does not seek to collect personally identifiable, non-public information beyond that required to provide the minimum necessary functionality of the Service and to provide a way for Members to identify one another through the Service and have adequate information to make timely shipment of goods and/or services from Seller to Buyer Members.

Financial Information

The Company does not generally collect financial information of any kind since the Company relies on third-party services to enable payments from Member to Member. Members are solely responsible for providing themselves with a 'secure' Internet connection, the use of proper security software such as virus protection, firewalls, or protective technology available to anyone who utilizes the Internet. The Company will not be held responsible, and you agree to hold us harmless for any breach of your account, internet connectivity information, and/or device security including but not limited to: your personal computer(s), the revealing of your network IP address, cell phone(s), smartphone(s), tablet(s) and any other device that allows you to access, or engage in transactions, utilizing the Company Services. The Company does not warrant the use of this service. You are responsible for all information you upload, transmit to, post, or advertise within and on The Service.

Sales Tax, Collections and Remittances.

Member is solely responsible for, as the case may be, the charge/application of appropriate Sales Tax(es), payment of any Use Tax(es), and/or Value Added Tax(es) (VAT) that may be due to their respective legal jurisdiction. Members are solely responsible for proper remittance of any such tax(es) to their respective taxing authorities. The Company makes no warranty, guarantee, or provision for the application or collection of such tax(es), the calculation of such tax(es), and/or the timely and accurate remittance of any such tax(es).

Income Taxes, Income Reporting, and General Tax Responsibilities

The Member (seller) is solely responsible to calculate and remit any and all taxes related to their use of The Service.

Prohibited Items.

In accordance with various laws and regulations, certain items or services are prohibited for listing and/or sale on the Service. Propay’s list of prohibited items ProPay: When paying by or accepting ProPay, in accordance with the ProPay terms of service The Company cannot allow certain items and/or services that are prohibited by ProPay's terms of service. As a Member of The Service, who will and/or may utilize ProPay to conduct business, you are responsible for adherence to these policies. If Member attempts to, and/or succeeds in, circumventing either The Company's or ProPay's policies through the use of The Service, Member is 100% responsible, at all times, for any and all penalties that may arise from ProPay and/or The Company for violation of the terms herein and/or the terms and conditions for the use of ProPay or the Service. Penalties can include fines, restrictions on use of payment account and/or even closure/cancellation of your merchant account and/or Buying Selling privileges on TradeMast. ProPay: When paying by, or accepting ProPay: In accordance with the ProPay terms of service we cannot allow certain items and/or services that are prohibited by ProPay's terms of service.

Referrals & Coupons

As a "Thank You" for helping TradeMast grow, the Company offers to provide a Provisional Coupon (AKA "Trade Credit") to any Member who has previously recommended any other persons/entities who became a new Member (a Seller) AND pays for services from the Company (Typically: a sale that resulted in a 'Trade Fee'). The Provisional Coupon, called a Trade Credit (TC), will be provided only one time per buyer/seller transaction. For Free Members (designated as 'Cadet') the Provisional Coupon is 10% of the Sales Fee we actually collect from your immediately referred Members. All Provisional Coupons are credited to your Trade Credit (TC) Balance within TradeMast. Members have no monetary, or other, claim to any "Provisional Coupon" whether 'credited' to, or appearing in, their Account. Provisional Coupons are a privilege and not a guarantee. The Company does not guarantee the life of the Provisional Coupons and may at any time stop, cancel, or otherwise cease issuing Provisional Coupons for any reason whatsoever. You, the member, expressly acknowledge that you will not treat, or rely upon, your Trade Credit balance as an annuity. Trade Credits are "coupons" and are issued at the sole discretion of the Company. This is determined by a review of your TradeMast Rating within the Company marketplace, reports from other Members, and all activity recorded in the course of your access to or use of the Service.

Right of Offset

Company maintains the right to offset any outstanding Account Balance at any time without notice using any Trade Credit balance you may have. You may not opt-out of this offset. If you do not agree to this term, do not use the Service.

No Cash Value until Sold

As Company provides provisional Trade Credit (a coupon) for referrals, or other reasons, you accept that your Trade Credit balance has no cash value whatsoever and should be treated as any other store, or manufacturer's coupon. It is NOT a rebate. Unless, and until, you request a conversion of Trade Credits to cash, by selling us your Trade Credits any Trade Credit balance is subject to reversal, offset, or confiscation for violations of any Terms herein. Trade Credits are treated as a "coupon balance" that allows you to offset any Account Balances. Every Trade Credit 'award' is assigned a unique identifier (coupon code) internally that will designate, and validate, that the Trade Credit coupon balance entry is legitimate.

Founder Members

The Company offers a unique system called "Founders" that enables you to purchase a 'permanent' Referral Rank up-front, to avoid a monthly subscription for that same rank. By purchasing a "Base Rank" you help us to raise capital to hire staff and advertise the TradeMast Service. There is no other benefit for purchasing a Founding Member Rank. All Members are responsible for ALL fees related to use of the Service. Any Founder Rank lower than Ambassador will require a Monthly subscription to 'elevate' your Rank above your chose Founder (Base) Rank. These purchases are non-refundable. If, at any time, in the Company's sole discretion, the Member is clearly involved in fraud, sales of stolen goods, initiates chargebacks in violation of our Buyer rules, attempts collusion among other members in ANY way, or any other violation of these Terms Of Service, member is on notice that they may be liable for liquidated damages. Liquidated damages could include: Reset of account to Base Rank = Cadet (forfeiting any Founder privileges), restrictions on referral Trade Credits awards (you're 'cut off' from further rewards), nullification of some, or all, existing Trade Credits, demand for immediate payment on any outstanding Account Balance (AFTER Trade Credit nullification: i.e. You owe us for any outstanding Account Balance at the time of our Adjudication without benefit of and prviously nullified Trade Credits.) Given the above, the Company will treat its Members fairly and adjudicate disputes in the most expedient and fair manner as possible, in the Company's sole discretion, given individual Member circumstances. Founders Club Members's Trade Credit rewards are recorded Members who take advantage of our Founder's club will have their Trade Credit awards tracked in detail to determine up-to-date offset of your original purchase price in the event you initiate a chargeback. Any Trade Credits accrued, or converted to your bank account, will be used to determine any potential refund that may be due that Member. Keep in mind that we do not allow refunds for ANY purchases. We maintain these records to help offset, any claim you make during a disputed transaction subject to being reversed. If you paid $100 for a Founder Subscription, and earn $65 in Trade Credit Rewards subsequent that Subscription, Your claim against us for a chargeback will be $100 - $65 - $25 (chargeback fee) = $10. Meaning we will dispute your claim of $100 and present our proof of earnings to offset your claim to lower our potential liability to only that amount $10 in this example, that will make you 'whole' again. ANY amount that is charged back will result in an equivalent offsetting charge to your Account Balance. Any subsequent Trade Credit rewards you may be eligible to earn will be used to pay off this Account Balance until the Account Balance reaches $0.00.

Legal 'Process'

In the event that the Company receives 'proper' legal process, to identify ANY Member, or visitor, to the Service, Company will provide data when deemed reasonable under the law in the Company's sole discretion. You agree to idemnify the company for any and all such dissemination regardless of the legal validity of the request or 'subpoena' pursuant to such dissemination. Members are, at all times, 100% responsible for ALL costs to Company for ANYTHING requiring our time or legal efforts to answer ANY claims against you. The Company will not tolerate abuse of its systems. Members who are caught with multiple accounts or collusion with any third party to create multiple accounts will immediately forfeit ALL referrals. If you are deemed in violation the Company will provide you with our evidence and reason for the penalty. Accounts will not be combined under any circumstances. You will be granted a single attempt to rebuild your referral network, from scratch, if you are found in violation of these policies before you will be banned from further participation in our network, using any means at our disposal. In addition, any collusion in an attempt to defeat these policies, such as multiple account creation, will result in a demand for repayment of any and all referral credits the Member has received whether in system credit or Trade Credits converted. Yes! This means that we will claYou acknowledge this provision and specifically grant us all right, title and interest to the Provisional Coupons and/or money equivalent, previously credited to you or paid to you. Although Identity Verification is a powerful tool it is not a guarantee of actual Identity, we reserve the right to employ ANY technological methods available (such as, but not limited to: IP Address tracking, IP Address correlation, transaction correlation, and any other means we ma employ) to prevent any attempts at: fee avoidance, collusion among Members, fraud, money laundering (see US Patriot Act), arms trafficking (illicit sales of weapons) and any other illegal activity as deemed by the Company in its sole discretion. The Company will cooperate with any and all jurisdictions to investigate and prosecute any of the foregoing given what, in the Company's sole discretion, is valid legal process of service.'.

Bank Fees and Chargebacks

The Company facilitates payments to/from your merchant account. You are responsible for any and all fees, chargebacks, or other levies your Merchant bank may make to your account. The Company is not responsible for charging, or collecting, these fees. Please be aware that ALL API transactions incure a small fee: 1. Refunds are charged at $0.28 per refund. If you refund more than one time to a single Buyer, you will be charged a fee for each indpendent refund operation. 2. You are charged 2.8% of the Total Sales Price of the items you sell (including tax, shipping, insurance) as well as a $0.28 per transaction fee. 3. You are charged $25.00 for any chargebacks to your account. 4. You are charged a Conversion fee by the Company, in the amount of $0.70, for each request to redeem/convert Trade credits to your Merchant or Commission account. This fee is to offset our bank fees for the ability to initiate a transfer between the Company and your Merchant or Commission account

Other Fees

The Company offers Rank subscriptions, Founder Rank Subscriptions, and plans to offer a variety of optional services, in the future, that will likely involve some cost. These fees will be displayed on our "Fees" page.

Refunds

The Company does not offer refunds of any fees, or subscriptions, for any reason. We sell non-refundable advertising listings, hosted software services, and subscriptions. Our margins will not allow refunds, especially given the tools available, and the ability to earn free rewards on the platform.

Multiple Accounts Prohibited

The Company prohibits Members from having more than one account. Identity verification 'fingerprinting' generally allows us to prevent duplicate merchant/commission accounts. The Company will not tolerate abuse of its systems. Members who are caught with multiple accounts or collusion with any third party to create multiple accounts will immediately forfeit all referrals. There will be no amnesty for your violation of this policy. If you are deemed in violation the Company will provide you with our evidence and reason for the penalty. Accounts will not be combined under any circumstances. You will be granted a single attempt to rebuild your referral network, from scratch, if you are found in violation of these policies before you will be banned from further participation in our network. In addition, any collusion in an attempt to defeat these policies, such as multiple account creation, will result in a demand for repayment of any and all referral credits the Member has received whether in system credit or cash withdrawn. You acknowledge this provision and specifically grant us all right, title and interest to the Provisional Credit and/or monies previously earned by you or paid to you by your violation of this policy as liquidated damages for violations of these Terms. Although Identity Verification is a powerful tool towards preventing duplicate accounts, we reserve the right to employ ANY technological methods available (such as, but not limited to,\IP Address tracking, IP Address correlation, transaction correlation) to prevent any attempts at: fee avoidance, collusion among Members, fraud, money laundering (see US Patriot Act), arms trafficking (illicit sales of weapons) and any other illegal activity as deemed by the Company in its sole discretion. The Company will cooperate with any and all jurisdictions to investigate and prosecute any of the foregoing.

Acknowledgement of No Liability

You agree that use of the Service is at Your Own Risk and company takes Zero responsibility for anything related to your use, inability to use, access to, or inability to access the Service at any time or place. By using the Service you expressly warrant and guarantee that you will hold Company harmless for any and all liability for anything conceivable or inconceivable; foreseen or unforeseen; under any and all jurisdictions, laws, statutes, regulations, decrees, decisions, opinions, precedents from any government or other entity regardless of circumstances, time(s), place(s) situation(s) or similar now and in the future using any technology, process, speech, communication of any kind that may exist or be invented in the future, in perpetuity anywhere in the known universe. You further agree that Company is not responsible, nor liable for any action, inaction, tort, crime, fraud or anything similar that you or any of your legal assigns may claim, or invent that could in any way be connected to, or possibly extend from your use of the Service. You expressly take 100% responsibility for your use of the Service, your interactions with Members and transactions with other Members in any and all circumstances. In addition, you agree that Company, its contractors, employees, owners, or similar will likewise be held harmless for any and all claims imaginable or unimaginable in space and time in any part of the known universe. You agree that you cannot bring a claim in court, and will not be a party to any claim, or suit, brought by any party against Company, Service, or any employee, related Entity, contractor or third party provider of any services related to providing the Service. If you do not fully agree to the aforementioned terms herein, you are prohibited from use of the Service.

Illegal or Deceptive acts by Members or Third Parties (non-Members), Free Members and/or paying Members

Company cannot guarantee, and does not warrant Service for any particular purpose and offers no warranty of merchantability, fitness for a particular purpose or any other guarantee of any kind. Regardless of our security precautions Company cannot warrant nor guarantee that Service will be free of fraud, abuse, 'bad actors', terrorists, nor any other type of criminal activity or 'crime' that may be attempted, whether successful or not, by use of the Service, through the Service or in association with the Service. We cannot control individual actions, and we cannot prevent all breaches in any systems or software that may faciliate the Service. Therefore, Company expressly denies liability for, and you guarantee to hold us harmless for, any and all liability for receipt or acceptance of 'stolen goods', misrepresented services by other Members, potentially dangerous and/or prohibited goods and/or services offered, directly or by concealment, sent or provided from/by other Members, whether legal or illegal in any and all jurisdictions. You accept 100% full liability at all times for the results or non-results (in Members' and/or Company opinion), intended or not intended, of your use of the Service. As the Company cannot guarantee that technological, or other means, can, and likely will, be used to hack, crack, steal, and/or hold hostage/ransom any information including, but not limited to: historical sales data, transactional data, or other data; you agree to accept 100% responsibility for use of the Service. If your account is compromised in any way, or you share or otherwise allow or cause your account (willingly or unwillingly) to be compromised (through your dissemination of account information and/or lack of sufficient security measures to prevent such dissemination) you agree to change your email address, and password, immediately and contact us. You agree that any and all acts, omissions or the like that result from your compromised account, or the compromised account of any Member, or non-Member, in our system is not our responsibility and that you are 100% responsible for any reliance upon, acceptance of, agreement with, contract with, etc...any other Member, including the Company. Company does not guarantee that the website, or your internet connection, is free of Viruses, worms, Trojan horses, and the like. Phishing attacks, hacks, rootkits, damages to computers, tablets, phones, and/or other technologies are not our responsibility. You agree that you, and you alone, are responsible for the security and sanctity of your account your information and your computer system(s) at all times.

Mathematical Calculations and Rounding.

With respect to transactions in US Dollars, Members agree that use of the Service requires that we calculate final prices to be charged to buyers and sellers in accordance with prevailing methods (in the exclusive determination of the Company) of numerical calculations and rounding of such calculations. All Calculations will be rounded to assure that a whole dollar and cents pricing will be presented to payment services to enable payment for the goods and/or services you advertise for sale, barter, trade or auction using the Services. Credits of any kind, including referral credits and/or payments will always be calculated, and applied to charges, to the inurement of the Company. Any and all credits or referral payments will be rounded Down to the nearest whole dollar amount and cents (for example: $0.1234, will be rounded Down to $0.12 and $1.009 would be rounded Down to $1.00). Company will maintain a running total balance that accounts for such fractions such that Members will retain a balance that reflects accurate fractional calculations or roundings that cannot be credited or paid in 'currency' or 'credit' to satisfy such rounding to the nearest whole pennies. The same will be applied to all currencies as those currencies are allowed for future transactions. When other currencies are involved the Company will always utilize the “net currency transaction”, that is, the net US Dollar amount involved in any transaction. Credits and/or payments for referrals made based upon such fractional balances will be retained in your account on an ongoing basis to maintain such fractions for future additive benefit when such calculated totals exceed $0.01 in value. For example, if your Trade Credit Balance is $5.0156, we will allow you to convert at most $5.01 and you will retain a balance of $0.0056 to be used to calculate future balances that may be credited) In regard to mathematical rounding: In the case where you sell for a total that is that is under $5.00, you will notice that your actual calculated percentage owed for this transaction may be higher than our rate chart shows. The reason for this is due to rounding up to the nearest whole $US cent. Smaller total sales value is affected significantly more by rounding than larger values. For example: a $1.03 total sales price will result in a 6.79% fee because: (you are charged 6% of $1.03 (0.0618 rounded up = 0.07)) and your Trade Fee of 0.07, as a percentage of your total sale price, is therefore: 0.07/1.03 = 0.06796116 (6.79%)

Adjudication - ARBITRATION

AGREEMENT TO RESOLVE ALL DISPUTES BY BINDING INDIVIDUAL ARBITRATION. PLEASE READ THIS ENTIRE SECTION CAREFULLY BECAUSE IT AFFECTS YOUR LEGAL RIGHTS BY REQUIRING ARBITRATION OF DISPUTES (EXCEPT AS SET FORTH BELOW) AND A WAIVER OF THE ABILITY TO BRING OR PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR OTHER REPRESENTATIVE ACTION. ARBITRATION PROVIDES A QUICK AND COST EFFECTIVE MECHANISM FOR RESOLVING DISPUTES, BUT YOU SHOULD BE AWARE THAT IT ALSO LIMITS YOUR RIGHTS TO DISCOVERY AND APPEAL.

You agree that use of the Service is at Your own risk and Company takes Zero responsibility for anything related to your use, inability to use, access to, or inability to access the Service at any time or place. By using the Service you expressly warrant and guarantee that you will hold Company harmless for any and all liability for anything conceivable or inconceivable; foreseen or unforeseen; under any and all jurisdictions, laws, statutes, regulations, decrees, decisions, opinions, and/or precedents from any government, tribunal, commission, and/or any other entity regardless of circumstance(s), time(s), place(s) situation(s) or similar now and in the future using any technology, action, process, speech, or communication of any kind that may exist or be invented in the future, in perpetuity anywhere in the known universe. You further agree that Company is not responsible, nor liable, for any action, inaction, tort, crime, fraud or anything similar that you or any of your legal assigns may claim, or invent, that could in any way be connected to, or extend from your use of, the Service. You further take 100% responsibility for your use of the Service, your interactions with, and transactions with other Members in any and all circumstances. In addition, you agree that Company, its contractors, employees, owners, investors, or similar will likewise be held harmless for any and all claims imaginable or unimaginable in space and time in any part of the known universe. You agree that you will not sue, try to sue, be a party to, bring, or participate in any claim brought by any third party, will not take part in any attempted suit, claim or legal action against Company, Service or any employee, contractor or third party provider of services related to, surrounding, or in relation to the Service. Given the nature of litigation, any and all claims of any kind will be adjudicated by a third party arbitrator and governmened by, and in, the State of Georgia, United States. No other law of any state or jurisdiction will be binding on the Company for any claim of any kind. Company, in its sole discretion, will cancel the account of any Member who violates the letter or 'spirit' of this policy and will be liable for full damages including but not limited to attorney fees, expenses of litigation, fees to obtain data related to any service, expert witness fees, transportation costs, court costs, mailing costs, process of service costs, and any and all incidental costs incurred by the Company in answering and/or defending any such action. Use The Service AT YOUR OWN RISK, or DO NOT USE THE SERVICE.

Sellers and Selling Rules

1. Pay attention to Tsys™ ProPay™ terms of service and DO NOT attempt to sell items that are listed therein as prohibited or restricted in any way. Violations of this can result in the termination of your Merchant account, which could effectively end your ability to sell on TradeMast unless another payment option is available. 2. DO NOT list more than one of the same product, even if you are using different photos. If a product has different colors, you may make one listing for each color for up to 100 quantity. You should also make sure your "Primary" listing photo reflects the color/variation you are selling. If you're selling a red sweater, then your primary photo should include a red sweater, not a blue sweater, or a white dress. Violations of this policy will result in the deletion of the offending listing(s). 3. You should be attentive to, and agressive in disputing, while maintaining Professionalism at all times, when you receive a chargeback. Use our returns/refunds tool to help. Ask your buyers to open a return if the contact you with any concerns about their purchase. Buyers are required to use our returns tool, or they lose their account if they initiate a chargback. Learn more about your rights as a Merchant 4. If you are caught selling stolen goods (as adjudicated by a court of law, or the Company) your account will be closed and all Trade Credits and Referrals will be lost. 5. If you repeatedly try to sell restricted items, and/or introduce duplicate sales listings, or otherwise engage in any violations of these terms, your account is subject to closure. 6. In any event of violation of these Terms of Service you are on notice that your account can be closed and all Trade Credits and Referrals can be lost. 7. You must be a US Citizen, or US domiciled entity, to be a selling member of TradeMast at this time.

Buyers and Buying Rules

1. Any buyer who engages in chargebacks (disputing otherwise 'valid' credit card transactions) for any reason, without attempting to resolve their issue with the Seller, using our Returns & Refunds tools, is subject to account cancellation. You MUST utilize our returns and refunds tool (available from your "Bought" page) to attempt to resolve your issue before resorting to a chargeback. You make chargebacks at your own risk. Our Refunds tool allows you to submit your dispute to the Seller who has the power to provide a refund if requested. As part of our 'community' we expect that all Members will play fairly, and give other Members the opportunity to correct any misunderstandings between yourselves. Trademast does not adjudicate disputes. TradeMast does maintain sole discretion to allow, or deny, Member priviledges for any reason. 2. The company will, at its option, validate that the buyer opened a return ticket with the seller and will, at its discretion, make a determination about whether the buyer and/or seller has violated our Terms of Service. Likewise, a seller can be held accountable for clear misrepresentation or any type of fraud in the Company's sole discretion. 3. Buyer's remorse is NOT a valid reason to make/initiate a chargeback. If you do not actually want the product/service you are buying, don't engage in a purchase transaction with a seller. 4. Use of stolen credit cards, or other unauthorized use of anyone's credit card, is considered fraud by Company and will result in restrictions on, or cancellation of, your account. 5. Member collusion among other buyers/sellers to manipulate pricing, attack other Members economically or socially, or engage in any other discernable patterns amongst Members, to harm any other Member is a violation of these Terms suject to account termination. 6. Buyers are restricted to delivery addresses within the continental US or its internationally recognized territories. Do NOT attempt any international selling or delivery address until we offer international services. You are sresticted from Membership, and are in violation of these terms, if you are a foreign national (i.e. not a US Citizen). 7. In any event of violations of these Terms of Service you are on notice that your account can be closed and all Trade Credits and Referrals can be lost.

Third Party Software/Services & Data Collection

Company currently uses third party software services such as Google ReCaptcha to help provide a more streamlined experience and to control the use of automated software (robots). This software will & does collect certain information as required for proper functionality. This sharing is not under our control and you acknowledge this fact when using the Service. As part of this agreement you must adhere to and agree to Google's Terms of Service if you wish to use the Trademast Service. "By accessing or using the reCAPTCHA APIs, you agree to the Google APIs Terms of Use, and to the Additional Terms below. Please read and understand all applicable terms and policies before accessing the APIs." You can : review Terms here" and Here: "You acknowledge and understand that the reCAPTCHA API works by collecting hardware and software information, such as device and application data and the results of integrity checks, and sending that data to Google for analysis. Pursuant to Section 3(d) of the Google APIs Terms of Service, you agree that if you use the APIs that it is your responsibility to provide any necessary notices or consents for the collection and sharing of this data with Google.