Terms of Service
Tradewater, LLC Terms of Service
(updated and effective August 1, 2021)
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 by any binding method of acceptance of these Terms. Clicking on, accessing or using the website tradewater.us (the “Website”) 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.
These Terms may apply to participants of Tradewater’s Carbon Neutral Collective Program (“Program”) if they interact with any Digital Property; however, such participants are also subject to the terms specific to their participation in the Program.
Digital Properties Definition
“Digital Properties” refers to the Tradewater website (tradewater.us and all subdomains) and any associated online or downloadable Tradewater sites or applications.
Restrictions on Use
You may access the Digital Properties only for use by your business or household consistent with this agreement and as expressly provided for by Tradewater. You may not use the Digital Properties for any other purpose or in any other manner. You may not, for example, (a) modify, publish, distribute, transmit, systematically download, use automated means to index or extract data from, participate in the transfer or sale or rental of, translate, create derivative works from, frame, co-brand, or in any way exploit any part of the Digital Properties other than for internal business use or as specifically permitted in this agreement, without Tradewater’s written consent, or (b) use the Digital Properties in any harmful or illegal manner or interfere with any party’s use or enjoyment of the Digital Properties. You agree to cooperate with Tradewater in causing any of your unauthorized use of the Digital Properties to immediately cease.
Tradewater will take all reasonably necessary steps to investigate suspected violations of this agreement. Tradewater reserves the right to involve and fully cooperate with any law enforcement authorities and comply with court orders requesting or directing Tradewater to disclose the identity of anyone engaging in conduct that is believed to violate the law.
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 Digital Properties.
All Tradewater trademarks (whether registered or unregistered), graphics, logos, designs, page headers and button icons, trade dress, and other works of authorship are the intellectual property of Tradewater and neither they nor any confusingly similar versions may be used by you.
By agreeing to these Terms, you represent that you are at least 13 years of age.
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, 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 $100.
Your sole and exclusive remedy for dissatisfaction with the Digital Properties and the carbon offset credits offered through this Website is to stop using the Digital Properties.
To the maximum extent permitted by law, you shall indemnify Tradewater, its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors from and against all third-party claims, liabilities and expenses, including legal fees and costs, relating to your use of the Website or your breach of any representation or obligation contained in this agreement. Tradewater reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any claim for which you are obligated to provide indemnification under this section. You shall fully cooperate as reasonably required in the defense of any claim.
These Terms 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.
You acknowledge and agree that you and Tradewater are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Tradewater otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of any class or representative proceeding.
We reserve the right to make changes to these Terms. We will inform you of any material changes to these Terms 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 is incorporated into these Terms by this reference, with the same effect as though fully set forth herein.
If you have any questions about these Terms, please contact us at [email protected].