Terms of Service

Tradewater, LLC Terms of Service

(as of February 1, 2020)

Terms and Conditions (“Terms”)

These Terms are entered into by Tradewater, LLC. (“Tradewater”, “we”, “us”, or “our”) and you.  Reference to “you” or “your” in these Terms means the entity or individual that has consented to these Terms of Service by any binding method of acceptance of these Terms. Clicking on, accessing or using the website https://www.tradewater.us constitutes acceptance of these Terms and your agreement to be bound by these Terms. If you disagree with any part of the Terms then you may not access the Website.

Digital Properties Definition

Tradewater Digital Properties refers to the Tradewater website (https://www.tradewater.us and all subdomains) and any associated online or downloadable Tradewater sites or applications.

Termination

Tradewater reserves the right, for any reason whatsoever and without prior notice or liability, to terminate or suspend access to our Digital Properties immediately.

All provisions of the Terms which by their nature should survive termination shall survive any termination of your access rights to the Tradewater digital properties.

Trademarks

All Tradewater trademarks (whether registered or unregistered) and graphics, logos, designs, page headers and button icons are the intellectual property rights of Tradewater and neither they nor any confusingly similar versions may be used by you.

Minimum Age

By agreeing to these Terms, you represent that you are at least 13 years of age.

Privacy Policy

Tradewater will protect your personal information in accordance with our Privacy Policy. By using this Website, you agree and accept all of the terms of our Privacy Policy.  Our Privacy Policy may be accessed at: tradewater.us/privacy-policy.

.

Refunds

Tradewater does not offer refunds.

Tradewater Carbon Credits; How your Payment is Used

Tradewater generates carbon offset credits in accordance with recognized carbon offset protocols established and governed by independent, third-party registries, including the American Carbon Registry and the Verified Carbon Standard (or VERRA) (“Registry” or “Registries”). The carbon offset credits are issued and stored by the applicable Registry and each offset credit, once issued, has a unique and distinct serial number.

When you make an order and payment to Tradewater, the corresponding number of credits are identified for retirement. Tradewater then retires the identified number of credits on a Registry. The serial number corresponding to the retired credits is entered into Tradewater’s internal tracking system, linked to your payment, and that concludes the process.

What you will receive in return for your payment

Within one business day of receipt of your payment, you will receive an email confirming your order and payment (“Confirmation Email”).

You will subsequently receive a second email informing you that your credits are retired (“Retirement Email”). It is expected that this will occur within one week following payment. The Retirement Email will confirm that your payment led to the retirement of a specific number of carbon offset credits, and it will identify each credit retired by serial number and carbon offset project.

In some instances, your order will be fulfilled by retiring fractions of one or more carbon offset credits. This would occur if your order included a credit fraction (e.g. you paid to retire 1.5 credits) (“Scenario A”) or if your order was used to fulfill a prior order that included a credit fraction (e.g. the person before you paid to retire 1.3 credits and you paid to retire 10 credits, resulting in a cumulative retirement of 11.3 credits) (“Scenario B”). Under either scenario, three things will occur: (1) the credit fraction portion of your order (either the additional .5 credits you ordered in Scenario A, or the residual .3 credits from the cumulative order in Scenario B) will be retired only after another user subsequently pays to retire credits equal to or in excess of the remaining fraction; (2) the Retirement Email corresponding to your entire order will arrive only after that subsequent fractional retirement; and (3) the Retirement Email will provide the serial number and carbon offset project number for a whole credit, but reference the fraction corresponding to your order (e.g. in Scenario A, you will receive a Retirement Email listing two offset credits and containing two serial numbers, but the second offset credit will reflect that your order was for only a .5 fraction of the second offset credit).

Each serial number and project number provided in a Retirement Email will be traceable to a particular carbon offset registry that you will be able to separately trace through the Registry. You will also be able to request a copy of the retirement certificate (“Retirement Certificate”) issued by the Registry if you send an email request to [email protected]

Please note that the Retirement Email (or the Retirement Certificate, should you request it) is a representation of the carbon offset credits retired by virtue of your payment.  It does not itself have any intrinsic, extrinsic or market value.  It is not transferable on Tradewater’s books and records.

Nature of Payment

Please note that although Tradewater’s goal and programs are designed to reduce carbon emissions and improve the environment, Tradewater is not a public charity and payments to Tradewater do not constitute tax deductible charitable donations.

Disclaimer and Limited Liability

EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THESE TERMS AND CONDITIONS, TRADEWATER MAKES NO WARRANTIES OF ANY KIND, WHETHER IMPLIED OR EXPRESS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (this disclaimer may not apply in your state). All our estimates regarding the quantity of carbon credits or emissions reductions represented by your payment are estimates only and subject to change. In no event shall either Tradewater be liable to you for indirect, special, incidental or consequential damages of any kind, including, without limitation, loss of revenues or profits. In no event shall Tradewater be liable for any failure to perform to the extent caused by or resulting from any cause or circumstance beyond its reasonable control and which, by the exercise of due diligence, it could not have reasonably prevented or overcome. All damages shall be limited to and shall in no event exceed the amount of the payment made by you.

Your sole and exclusive remedy for dissatisfaction with the Tradewater Digital Properties and the carbon offset credits offered through this Website is to stop using the Tradewater Digital Properties.

Governing Law

These Terms of Service will be interpreted, construed and enforced in accordance with the laws of the State of Illinois, U.S.A. without regard to its provisions governing conflicts of laws.

Dispute Resolution/Arbitration

Any dispute arising under these Terms of Service, the Tradewater Privacy Policy, the use of the Tradewater Website or Tradewater Digital Properties shall be subject to mandatory arbitration in Chicago, Illinois, in accordance with the commercial arbitration rules of the American Arbitration Association, and the arbitrator’s decision shall be final and binding upon the parties.  However, in such Arbitration, the Arbitrator shall not have the authority to vary these Terms of Service.

Changes

We reserve the right to make changes to these Terms. We will inform you of any material changes to these Terms of Service by posting on our Website.  By continuing to access or use our Website after those revisions become effective, you agree to be bound by the revised Terms.

All information included on the web pages or pop-ups linked to in these terms and conditions is incorporated into these terms and conditions by this reference, with the same effect as though fully set forth herein.

Privacy Policy

These Terms and the use of our website include and are subject to our Privacy Policy set forth at tradewater.us/privacy-policy

Contact Us

If you have any questions about these Terms, please contact us at [email protected].