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, in any capacity, in accordance with the membership standards set forth by the Company from time to time. 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 with the most recent version. Any attempted registration or login to the Service, or 'use' of the Service, including browsing, or use of the TradeMast website shall constitute an acknowledgment by the Member that the Member has reviewed the latest Terms of Service and Use Policy and affirmatively agrees to be bound thereby. Each Member warrants that all goods and/or services offered on TradeMast are bona-fide 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 offers 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 another 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 arising 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 goods and does not sell or provide any goods or services. The Company only provides a database and associated 'hosting' services, wherein Members and non-members may, at their discretion, may search for goods or services to buy and for Members to provide listings of goods and/or services to offer to prospective Buyers.


Payments

Members agree that they are 'requested' to open a FREE Credit Card Merchant Account with one of our Payment/Identity Partners 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 (or other payment service) account and that they are solely responsible for all representations they make, in any manner, regarding the goods/services they are selling. The Company does not take or handle any monies on behalf of any Buyer/Seller. The Company facilitates API calls that enable Members to engage in making Payments and accepting payments to and from other Members. Members further agree that they take full responsibility to follow explicitly all applicable laws, rules and regulations during the course of their transactions with other Members including the PayPal terms of services the Tsys™ ProPay™ terms of service and any other payment service adopted by the Company.

PayPal Payments - We are considering allowing Members to utilize PayPal as a Payment option. This decision will be made at our discretion. When, and if, we decide that PayPal is a viable payment option; Members agree that they take full responsibility to follow explicitly all applicable laws, rules and regulations during the course of their transactions with other Members including the rules and regulations governing PayPal . To facilitate transactions through PayPal the Company will require that Members provide a valid PayPal Id (Their valid PayPal account Email address), as well as a 'Secret Key' and a 'ClientID' provided by PayPal for use with Business Accounts. This information will be stored in the TradeMast database. Your Secret Key and ClientId can be changed easily at developer.paypal.com.

If you change your PayPal Merchant ClientID and Secret Key you will need to provide/update this information in your TradeMast dashboard to continue selling. Notwithstanding the foregoing your PayPal Id (email) and all associated shipping and/or billing address information will be disclosed publicly as part of the PayPal API and checkout process, and to effectuate shipment of goods, and/or verification of the payment made and/or received by utilizing PayPal. The Company is not responsible for such dissemination as it is solely under the control of PayPal. You agree to hold the Company and affiliates harmless for such dissemination by your choice, at your discretion, to utilize PayPal for the payment of goods and/or services from other TradeMast Members, and/or for the receipt of payments for any goods and/or services you advertise on the TradeMast platform.


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 be kept confidential and will not be rented, sold or shared with third parties. We will not sell your name, email address, physical address, shipment address(es), phone number(s), or Date of Birth, with any third party, unless you provide us explicit permission to do so. 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 new Sub-Merchant accounts. Notwithstanding the foregoing, Members acknowledge and accept that certain personal information must, or may, be revealed, including the foregoing list of item we won't sell, as a necessary part of normal transaction processes. 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. The Company is NOT responsible for such dissemination and if the Member does not wish to disclose such information, do not use the Service.

Security

How we minimize harm from possible breaches in security: Part of our security strategy is to collect and store only that 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; therefore Company has no need for, nor desire to store, further personally identifiable financial information.

Your responsibilities: Members are solely responsible for providing themselves with a 'secure' Internet connection, the use of proper security software such as virus protection, firewalls and any other security and protective technology generally available to anyone who utilizes the Internet to engage in commerce or communications of any kind. 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), smart phone(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 for any purpose whatsoever and cannot and will not guarantee any level of security whatsoever. The Company takes what it believes to be proper precautions to enable the uninterrupted provision of services and does not warrant any technologies, techniques, processes, computer code, communications of any kind will not be potentially hacked, cracked, intercepted, downloaded, stolen or otherwise compromised during the course of ordinary business operations. You are responsible for all information you upload, transmit to, post, advertise within and on The Service, in any form.

Sales Tax charges, 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 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.

Member 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 and/or services are prohibited for listing and/or sale on the Service. Certain items/categories may be allowed at certain times when additional payment options become available on the Service.

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.

PayPal: When paying by, or accepting PayPal: In accordance with the PayPal terms of service we cannot allow certain items and/or services that are prohibited by PayPal's terms of service.

As a Member of The Service, who will and/or may utilize ProPay and/or PayPal to conduct business, you are responsible for adherance to these policies. If Member attempts to, and/or succeeds in, circumvent(ing) either The Company's, ProPay's or PayPal's policies through use of The Service, Member is 100% responsible, at all times, for any and all penalties that may arise from ProPay or PayPal and/or The Company for violation of the terms herein and/or the terms and conditions for the use of ProPay and PayPal. Penalites 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

Referrals

As a "Thank You" for helping TradeMast grow, the Company offers to provide “Provisional Credit” to any Member who recommends any other persons/entities who become a new Member (a Seller) AND pays for services from the Company (typically: a sale that resulted in a 'trade fee'). The Provisional Credit, called a Trade Credit (TC), shall be provided one time per buyer/seller transaction according to the chart available on our Fees/Pricing page. For free Members (designated as 'Cadet') at TradeMast, the Provisional Credit is 10% of the Sales Fee we collect from your immediately referred Members. All Provisional Credit is credited to your Trade Credit (TC) Balance within TradeMast. Member has no monetary, or other, claim to any "Provisional credit" whether 'credited' to your Account or not. The Provisional Credit is a privilege and not a “right.” The Company does not guarantee continued payment of Provisional Credits and may at any time stop, cancel, or otherwise cease Provisional Credits for any reason whatsoever. You expressly acknowledge that you will not treat, or reply upon, your Trade Credit balance as an annuity or other valued instrument. As Trade Cedits are Provisional Credits as an "as decided" reward. Third party bequeaths/assignment is available at Company's discretion only, and will retain same provisions. Provisional Credits are not guaranteed and will only be credited under continued 'good behavior' by member as determined solely by The Company. This will include continual 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, and any ancillary third party payment, or other, services.

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

As Company provide provisional Trade Credits for referral or other reason you accept that your Trade Credit balance has no cash value whatsoever. Unless, and until, you request a conversion of Trade Credits to cash, by requesting a transfer to your Commission Only or Merchant Account, any Trade Credit balance is subject to reversal, offset, or confiscation for violations of any Terms herein.

Multiple Accounts Prohibited

The Company prohibits Members from having more than one account. Identity verification will allow us to prevent most duplicate account creation attempts once we implement it. 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, period, no matter how many referrals you mat have. There will be no amnesty, no 'forgiveness or any time allotted to fix 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. 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 contact us immediately. 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. Viruses, worms, Trojan horses, 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 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 (including PayPal and/or any other similar service we provide access to) 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 $0.01567000345, we will credit you $0.01, and you will retain a balance of $0.00567000345 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 under $1 or slightly greater than $1, you will notice that your calculated percentage owed for this transaction may be slightly 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.

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.

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: https://www.google.com/intl/en/policies/terms/ 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. For users in the European Union, you and your API Client(s) must comply with the EU User Consent Policy currently located at http://www.google.com/about/company/user-consent-policy.html."

PayPal Specific Requirements

As a 'Seller' or a 'Buyer' on The Service, you must agree and adhere to any of PayPal's policies that may be applicable to you when making payment, or accepting payments using PayPal.