SECTION 1 - OVERVIEW
This website, www.tragoa.com (the "site" or "website"), is operated by Tragoa Trading Company, and its individual entities, referred to collectively as "Tragoa". Throughout the site, the terms "company," "we", "us" and "our" refer to Tragoa. Tragoa offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated or incorporated by reference herein.
By visiting our site you agree to be bound by the following terms and conditions ("Terms of Service", "Terms" or "agreement"), including those additional terms and conditions and policies referenced herein and/or available on our website. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE ACCESSING OR USING OUR WEBSITE. BY ACCESSING OR USING ANY PART OF THE SITE, OR REGISTERING FOR AN ACCOUNT WITH THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN YOU MAY NOT ACCESS THE WEBSITE OR USE ANY OF OUR SERVICES. IF YOU ARE ENTERING INTO THE TERMS OF SERVICE ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU ARE AUTHORIZED AND LAWFULLY ABLE TO BIND SUCH ENTITY TO THE TERMS OF SERVICE, IN WHICH CASE THE TERM "YOU" WILL REFER TO SUCH ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THE TERMS OF SERVICE, YOU MAY NOT ACCESS OR USE THE SITE, AND YOU MUST UNINSTALL ANY COMPONENTS OF THE SITE FROM ANY DEVICE WITHIN YOUR CUSTODY OR CONTROL.
THESE TERMS OF SERVICE IMPOSE BINDING ARBITRATION AND A WAIVER OF CLASS ACTIONS. THESE TERMS OF SERVICE REQUIRE BINDING ARBITRATION TO RESOLVE ANY DISPUTE OR CLAIM ARISING FROM OR RELATING TO THE TERMS OF SERVICE OR YOUR ACCESS TO OR USE OF THE SITE, INCLUDING THE VALIDITY, APPLICABILITY OR INTERPRETATION OF THE TERMS OF SERVICE (EACH, A "CLAIM"), AND YOU AGREE THAT ANY CLAIM WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE ACTION, ARBITRATION OR OTHER SIMILAR PROCESS. PLEASE REVIEW SECTION 18 CAREFULLY TO UNDERSTAND YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO THE RESOLUTION OF ANY CLAIM.
Any new features or tools which are added to this site are also subject to these Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service in our sole discretion by posting updates or changes to our website. It is your responsibility to check this page periodically for changes. You understand and agree that Your continued use of or access to the site following the posting of any changes constitutes acceptance of those changes. All changes are effective immediately when we post them and apply to all access and use of the website thereafter.
SECTION 2 - GENERAL CONDITIONS
By agreeing to these Terms of Service, you represent that you are at least eighteen (18) years of age or the age of majority in your jurisdiction of residence, whichever is greater, and of legal age to form a binding contract. If you do not meet this requirement, you must not access or use this website.
We reserve the right to refuse service to anyone for any reason at any time. We also reserve the right to withdraw or amend this website, and any service or material we provide on the website, in our sole discretion without notice, and we shall not be liable to you or to any third party for any such withdrawal or amendment.
You may not use our website for any illegal or unauthorized purpose nor may you, in the use of our website, violate any laws in your jurisdiction. You shall at all times comply with all Anti-Corruption/AML Laws and Export Control and Import Laws as defined below. By agreeing to our Terms of Service, you agree that we accept no responsibility or liability for any illegal or unauthorized actions by you or any user of the site.
"Anti-Corruption/AML Laws" means the U.S. Foreign Corrupt Practices Act of 1977 as amended (15 U.S.C. §§78dd-1, et seq.), the U.S. Travel Act, the U.S. Domestic Bribery Statute contained in 18 U.S.C. § 201, the USA PATRIOT Act, the UK Bribery Act 2010, the UK Proceeds of Crime Act 2002, the Canadian Corruption of Foreign Public Officials Act (S.C. 1998, c.34), the Canadian Criminal Code, the Canadian Proceeds of Crime (Money Laundering) and Terrorist Financing Act, the Indian Foreign Contributions Regulations Act, 2010, the Indian Prevention of Corruption Act, 1947, or any other applicable anti-corruption, anti-bribery, anti-kickback, anti-money laundering, anti-terrorist financing, anti-fraud, anti-embezzlement, or similar legal requirement or policies or guidelines of governments or government-owned or controlled entities.
"Export Control and Import Laws" all applicable export control and import laws, and all applicable laws governing embargoes, sanctions and boycotts, including the Arms Export Controls Act of 1976 (22 U.S.C. Ch. 39), the International Emergency Economic Powers Act (50 U.S.C. §§1701 et seq.), the Trading with the Enemy Act (50 U.S.C. app. §§1 et seq.), the International Boycott Provisions of Section 999 of the Code, the International Traffic in Arms Regulations (22 C.F.R. §§120 et seq.), the Export Administration Regulations (15 C.F.R. §§730 et seq.), the Special Economic Measures Act, the United Nations Act, the Freezing Assets of Corrupt Foreign Officials Act, the Defence Production Act, the Criminal Code, the Export and Import Permits Act, and the Customs Act, and all rules, regulations and executive orders relating to any of the foregoing, the laws administered by the Office of Foreign Assets Control of the United States Department of the Treasury, the United States Customs and Border Protection, the Canada Border Services Agency, Public Works and Government Services Canada, Global Affairs Canada, and the Royal Canadian Mounted Police.
We make no claims that the website or any of its content is accessible or appropriate outside of the United States. Access to the website may not be legal by certain persons or in certain countries. If you access the website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
You represent and warrant that you are not: (a) located in a country that is subject to a United States Government embargo or designated by the United States Government as a "terrorist supporting" country; or (b) listed on any Prohibited Party List. "Prohibited Party List" means any Canadian or U.S. Government list of parties with whom companies are prohibited from transacting business, including the Specially Designated Nationals and Blocked Persons List, Foreign Sanctions Evaders List, and Sectoral Sanctions Identification List, maintained by the U.S. Treasury Department’s Office of Foreign Assets Control, and the Denied Persons List, Entity List, Unverified List, maintained by the Bureau of Industry and Security of the U.S. Department of Commerce, and the lists established under the Export Controls and Import Laws of Canada.
A breach or violation of any of these Terms of Service will result in an immediate termination of your use of our website, and if deemed necessary, legal action.
We will not be liable if for any reason all or any part of the website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the website, or the entire website, to users, including registered users.
You are responsible for making all arrangements necessary for you to have access to the website and ensuring that all persons who access the website through your internet connection are aware of these Terms of Service and comply with them.
If you choose, or are provided with a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session.
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time at our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Service.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
The information presented on or through the website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the website, or by anyone who may be informed of any of its contents.
This website includes content provided by third parties, including materials provided by other users. All statements and/or opinions expressed in these materials, other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of our company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
We accept no responsibility or liability for any actions between you and any other users of our website. The website is presented to you as-is and is to be used solely at your own discretion.
SECTION 4 - INTELLECTUAL PROPERTY RIGHTS
The website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Tragoa, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You must not modify copies of any materials from this site, use any illustrations, photographs, video, audio, or any graphics separately from the accompanying text, or delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the website in breach of the Terms of Service, your right to use the website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the website or any content on the website is transferred to you, and all rights not expressly granted are reserved by us. Any use of the website not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.
Our name, Tragoa, our logo and all related names, logos, product and service names, designs, and slogans are trademarks of our company or its affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on this website are the trademarks of their respective owners.
SECTION 5 - PRODUCTS OR SERVICES
The site includes an online marketplace and tools to purchase, bid on, list, market, offer for sale, and sell various products and services. EXCEPT FOR THE SALE OF TRAGOA PRODUCTS AND SERVICES, THE TERMS OF WHICH ARE SET FORTH IN MORE DETAIL IN SECTION 6 OF THESE TERMS, ALL ITEMS ARE OFFERED FOR SALE AND SOLD DIRECTLY FROM THE SELLER TO THE BUYER, AND TRAGOA IS NOT A PARTY TO ANY SALE. We may facilitate communication between users in connection with listings. However, we are not the agent of any buyer or seller for any purpose. Tragoa does not endorse or control, and we are not responsible for, the conduct (whether online or offline) of any buyer, prospective buyer, bidder, seller or prospective seller. As a marketplace, Tragoa does not own, take title to, have possession of, or sell the items bid on, listed, marketed, offered for sale, or sold on or in connection with our site. We do not transfer, and are not responsible for transferring, legal ownership or physical possession of items from the seller to the buyer.
We will make commercially reasonable efforts to encourage users or third parties to ensure that their listings (a) are accurate and complete and (b) display as accurately as possible the colors and images of their products that appear on this website. We cannot guarantee, and you agree we accept no responsibility or liability for, these products and/or services or anything else presented to you by other users of our website. Prices and information for user or third party products are subject to change without notice. You are solely responsible for verifying the accuracy and completeness of any information obtained through the site before taking or omitting any action based thereon.
We reserve the right, but are not obligated, to limit the access to or usage of our website or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit any products or services that we offer. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you, either from Tragoa, obtained as a result of using our website, or by another user or third party, will meet your expectations or be error free. We accept no responsibility or liability to correct any errors or falsehoods in products, services, information, or anything else obtained through our site.
Prospective buyers are advised that: (i) some countries may prohibit or require a license or permit in order to export or import some items; (ii) cross-border deliveries are subject to opening and inspection by customs authorities; (iii) the laws of some countries may prohibit the resale of some items once it is imported into those countries; (iv) some countries may reserve the right to purchase some items exported from those countries (sometimes called a right of preemption); and (v) the laws of some countries may prohibit the possession of certain items offered for sale and/or sold on this site. Tragoa and its affiliates, and each of their licensors, service providers, employees, agents, officers, or directors (collectively, the "Tragoa Parties") makes no representations or warranties as to whether any item is or is not subject to any such laws or restrictions. It is solely the responsibility of each buyer and seller to determine and obtain at its own cost any necessary export and/or import licenses and other required permits for items purchased or sold. None of the Tragoa Parties will be liable for any damage or loss resulting directly or indirectly from any confiscation of purchased items, transportation restrictions, or other actions taken by any government or public authority.
SECTION 6 - TERMS OF AND CONDITIONS FOR THE ONLINE SALE OF TRAGOA PRODUCTS AND SERVICES
THIS SECTION 6 APPLIES ONLY WITH RESPECT TO ANY PRODUCTS OR SERVICES YOU PURCHASE DIRECTLY FROM TRAGOA, AND NOT TO ANY TRANSACTIONS BETWEEN BUYERS AND SELLERS ON THE SITE (FOR WHICH TRAGOA IS NOT A PARTY).
Except for any products designated on the site as "final sale" or "non-returnable," we will accept return of the products for a refund of your purchase price, provided such return is made within seven (7) days of purchase with valid proof of purchase. To be issued a refund, if applicable, you must contact us using the contact information provided in Section 22 of these Terms of Service.
Refunds are processed within what Tragoa determines is a reasonable amount of business days of our receipt of your request. Your refund will be credited back to the same payment method used to make the original purchase on the site. WE OFFER NO REFUNDS ON ANY TRAGOA PRODUCTS OR SERVICES DESIGNATED ON THIS SITE AS "NON-RETURNABLE" OR "FINAL SALE".
We reserve the right to refuse any order you place with us. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product or service at any time. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail, billing address, or phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made with Tragoa. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third party tools, persons, websites, or businesses over which we may neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools and third parties "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools or your communications with these third party persons or businesses. Tragoa assumes no responsibility or liability for the actions or inactions of such Third-Party Providers.
By using the Third-Party Services, you acknowledge and agree that Tragoa is not a party to any agreements entered into between you and the Third-Party Provider, and that it has no control over the quality, safety, legality, or accuracy of the Third Party Services. Tragoa makes no representation or warranty regarding the Third Party Services, and shall not be responsible or liable for any loss or damage of any sort incurred as a result of your use of the Third Party Services.
Any use by you of optional tools offered through the site or any communications with these third-party persons or businesses through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which such tools and third-party communications are provided. Your use of such Third-Party Services is subject to the terms and conditions of the applicable Third-Party Provider.
We may make available within the site a Third-Party Service for verification of the ownership, identity, legitimacy, reputation, or quality of an account within the site ("Account Verification"). Such verification services are performed entirely by a Third-Party Provider. Obtaining Account Verification is voluntary. If you obtain Account Verification, you agree that you are bound by and will comply with all terms and policies of the Third-Party Provider applicable to the Account Verification service.
Any Account Verification displayed on the website is not an endorsement or approval by Tragoa of, nor does it signify that Tragoa has undertaken any due diligence relating to, the account or any business associated with the account. Tragoa does not make any representations or warranties regarding the accuracy of any Account Verification. Tragoa does not monitor or correct any Account Verification displayed on the website. Any reliance on an Account Verification is completely at your discretion and at your own risk. We disclaim all liability and responsibility arising from any reliance placed on any Account Verification by you or any other visitor to the website, or by anyone who may be informed of any of its contents.
SECTION 8 - THIRD-PARTY LINKS, INTERACTION, AND PRODUCTS
Certain content, products and services available via our website may include materials from third parties. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties (collectively, "External Materials"). We have no control over External Materials and accept no responsibility for them or for any loss or damage that may arise from your use of them. Third-party links on this site may direct you to third-party websites that are not affiliated with us. If you decide to access any of the third party websites linked to this website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
We are not liable for any harm or damages related to third parties, purchase or use of goods, services, resources, content, or any other transactions made in connection with any third party websites or communications including those conducted through our website. Please review carefully any third party policies and practices and make sure you understand them before you engage in any transaction. Please take care when dealing with third parties in any transaction. Complaints, claims, concerns, or questions regarding a particular third-party product should be directed to that third party.
SECTION 9 - USER CONTRIBUTIONS, FEEDBACK, AND OTHER SUBMISSIONS
Our website may contain features that allow users to upload, post, submit, email, publish, display, or transmit (hereinafter, "post") content or materials on, to, or through the website (collectively, "User Contributions").
All User Contributions must comply with the standards set out in these Terms of Service. Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contributions on the website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material.
You represent and warrant that:
We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the website.
User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, "comments"), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation to maintain any comments in confidence, pay compensation for any comments, or respond to any comments.
If you elect to provide or make available to Tragoa any suggestions, comments, ideas, improvements or other feedback relating to the website or Tragoa’s business ("Suggestions"), you hereby grant Tragoa a perpetual, irrevocable, worldwide, royalty-free, fully-paid-up, non-exclusive, sublicensable, transferable right and license to use, reproduce, modify, adapt, create derivative works from, publicly perform, publicly display, distribute, make or have made Suggestions in any form and any medium (whether now known or later developed), without credit or compensation to you.
You agree, we may, but have no obligation or liability to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property rights or these Terms of Service.
We take no responsibility and assume no liability for any actions, comments, products, or other material posted by you or any third party or any actions, comments, products, or other material occurring on our website or occurring as a result of connections made on our website.
SECTION 10 - PERSONAL INFORMATION
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on our website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information on our website, including without limitation, pricing information, except as required by law. We accept no responsibility and assume no liability for any error, inaccuracies, and/or omissions shared or posted on the site by you, other users, and third parties or any information or material shared as a result of using the website.
SECTION 12 - PROHIBITED USES
You may use the website only for lawful purposes and in accordance with these Terms of Service. Therefore, you agree not to use the website:
Additionally, you agree not to:
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the website will be free of viruses or other malicious code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE TRAGOA PARTIES AND ANY PERSON ASSOCIATED WITH THE TRAGOA PARTIES, MAKE NO WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE TRAGOA PARTIES NOR ANYONE ASSOCIATED WITH THE TRAGOA PARTIES REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE TRAGOA PARTIES HEREBY DISCLAIM (i) ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE; AND (ii) ANY LOSS, DAMAGE OR OTHER LIABILITY ARISING FROM OR RELATING TO EXTERNAL MATERIALS, THIRD-PARTY SERVICES, ACCOUNT VERIFICATION, OR ANY OTHER PRODUCTS OR SERVICES NOT PROVIDED BY TRAGOA.
The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE TRAGOA PARTIES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY DAMAGES RELATING TO PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, COST OF COVER, LOSS OF GOODWILL, LOSS OF DATA, REGARDLESS OF THE LEGAL THEORY UNDER WHICH SUCH DAMAGES MAY ARISE, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE TRAGOA PARTIES’ TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THE TERMS OF SERVICE OR YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE WEBSITE EXCEED THE GREATER OF $100 OR THE AMOUNT PAID BY YOU TO TRAGOA (IF ANY) FOR ACCESS TO OR USE OF THE SITE WITHIN THE 12 MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE APPLICABLE CLAIM AROSE.
SECTION 14 - INDEMNIFICATION
You agree to defend, indemnify, and hold harmless the Tragoa Parties (including its affiliates, officers, agents, and employees) from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Service or your use of the website, including, but not limited to, your User Contributions, any use of the website's content, services (including any Third-Party Services), and products other than as expressly authorized in these Terms of Service, or your use of any information obtained from the website.
SECTION 15 - WAIVER AND SEVERABILITY
No waiver by us of any term or condition set out in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of us to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
We have the right to:
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the website. YOU WAIVE AND HOLD HARMLESS THE TRAGOA PARTIES FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
We cannot review all material before it is posted on the website and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination.
SECTION 17 - ENTIRE AGREEMENT
SECTION 18 - GOVERNING LAW, BINDING ARBITRATION AND CLASS ACTION WAIVER
The Terms of Service will be governed by and construed and enforced in accordance with the United States Federal Arbitration Act, other applicable federal laws, and the laws of the State of Delaware, without regard to conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to the Terms of Service.
ALL CLAIMS (DEFINED IN SECTION 1) WILL BE RESOLVED BY BINDING ARBITRATION RATHER THAN IN COURT, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF YOUR CLAIMS ARE WITHIN THE COURT’S JURISDICTION AND YOU ARE AN INDIVIDUAL CONSUMER. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED.
The arbitration will be conducted by the American Arbitration Association (AAA) under its then-applicable Commercial Arbitration Rules or, as appropriate, its Consumer Arbitration Rules. The AAA’s rules are available at http://www.adr.org/. The arbitrator will, among other things, have the power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope, or validity of the arbitration agreement or to the arbitrability of any Claims. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. The arbitration will be conducted in the English language by a single independent and neutral arbitrator. For any hearing conducted in person as part of the arbitration, such hearing will be conducted in Boston, Massachusetts or, if the Consumer Arbitration Rules apply, another location reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances, as determined by the arbitrator. The decision of the arbitrator on all matters relating to the Claim will be final and binding. Judgment on the arbitral award may be entered in any court of competent jurisdiction.
YOU AND TRAGOA EACH: (i) AGREES THAT ALL CLAIMS (DEFINED IN SECTION 1) WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE ACTION, ARBITRATION OR OTHER SIMILAR PROCESS; AND (ii) EXPRESSLY WAIVES ANY RIGHT TO HAVE A CLAIM DETERMINED OR RESOLVED ON A CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE BASIS. IF FOR ANY REASON THE PROVISIONS OF THE PRECEDING SENTENCE ARE HELD TO BE INVALID OR UNENFORCEABLE IN A CASE IN WHICH CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE CLAIMS HAVE BEEN ASSERTED, THE PROVISIONS OF THIS SECTION 18 REQUIRING BINDING ARBITRATION WILL LIKEWISE BE UNENFORCEABLE AND NULL AND VOID. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU AND TRAGOA EACH WAIVES ANY RIGHT TO A JURY TRIAL AND AGREES THAT SUCH CLAIM WILL BE BROUGHT ONLY IN A COURT OF COMPETENT JURISDICTION IN BOSTON, MASSACHUSETTS. YOU HEREBY SUBMIT TO THE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS AND WAIVE ANY OBJECTION ON THE GROUNDS OF VENUE, FORUM NON-CONVENIENS OR ANY SIMILAR GROUNDS WITH RESPECT TO ANY SUCH CLAIM.
Notwithstanding anything to the contrary, you and Tragoa may seek injunctive relief and any other equitable remedies from any court of competent jurisdiction to protect our intellectual property rights, whether in aid of, pending or independently of the resolution of any dispute pursuant to the arbitration procedures set forth in this Section 18.
If Tragoa implements any material change to this Section 18, such change will not apply to any Claim for which you provided written notice to Tragoa before the implementation of the change.
SECTION 19 - CHANGES TO WEBSITE
We may update the content on this website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the website may be out of date at any given time, and we are under no obligation to update such material.
SECTION 20 – NO THIRD-PARTY BENEFICIARIES
You acknowledge and agree that there are no third-party beneficiaries to the Terms of Service.
SECTION 21 – CALIFORNIA USERS AND RESIDENTS
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 such unit in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, by telephone at (800) 952-5210, or as otherwise set forth at https://www.dca.ca.gov/about_us/contactus.shtml (or a successful URL).
SECTION 22 - PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that your work has been made available through the website in a way that constitutes copyright infringement, please provide Tragoa’s Agent for Notice of Copyright Claims the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) a description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) a description of the material that you claim is infringing and where that material may be accessed within the website; (d) your address, telephone number and email address; (e) a statement by you that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement from you that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Tragoa’s Agent for Notice of Copyright Claims can be reached as follows:
Tragoa Trading Company
Attn: Agent for Notice of Copyright Claims
70 Linden Street
SECTION 23 – GENERAL PROVISIONS
The Terms of Service may not be amended by you except in a writing executed by you and an authorized representative of Tragoa. For the purposes of the Terms of Service, the words "such as," "include," "includes" and "including" shall be deemed to be followed by the words "without limitation." You may not assign or delegate any right or obligation under the Terms of Service without the prior written consent of Tragoa. Any prevention of or delay in performance by Tragoa hereunder due to any act of god, fire, casualty, flood, war, strike, lock out, failure of public utilities, injunction or any act, exercise, assertion or requirement of any governmental entity, epidemic, pandemic, public health crisis, destruction of production facilities, insurrection or any other cause beyond Tragoa’s reasonable control will excuse the performance of its obligations for a period equal to the duration of any such prevention or delay.
SECTION 24 - CONTACT INFORMATION
This website is operated by Tragoa.
All legal notices should be sent to our email address along with all other feedback, comments, requests for technical support, questions, and other communications relating to this website. Our email address is TRAGOA@tragoa.com.