Terms of Service

Tradepost operates a technology platform that facilitates resale of real-world assets via independent professional liquidity providers ("Market Makers"). Persons who hold or control rights to real-world assets ("Sellers") may list such real-world assets (each, a "Real-World Asset"). Market Makers submit executable bids, dynamic quotes, and other conditional orders through API endpoints or other Tradepost products or services we make available (collectively, "MM Orders"). Market Makers resell Real-World Assets on websites or platforms they operate, control, or have official relationships with ("MM Platforms").

Tradepost is a technology platform and marketplace facilitator only. Tradepost does not itself buy, sell, broker, or take title to Real-World Assets. When a Seller accepts an Instant Cash Offer or sells to a Buyer, that sale is directly between the Seller and the Buyer (or Market Maker). Tradepost is not a party to that sale contract.

Tradepost processes payments between Sellers and Buyers as a convenience. Tradepost may temporarily hold funds in escrow to ensure transaction completion, but does not take ownership of Real-World Assets or become a party to the sale.

Tradepost does not guarantee that any order will execute, that Real-World Assets will be available at any particular price, or that Buyers or Sellers will perform their obligations.

From time-to-time Tradepost may display inventory or pricing sourced from third parties (collectively, "Third-Party Vendors" or "3P Vendors"). Any purchase on a 3P Vendor site is governed by that vendor's terms ("3P Terms"), and Tradepost is not responsible for those transactions.

When a Seller lists a Real-World Asset, Tradepost may "ping" applicable Market Makers and present one or more MM Orders. Sellers may accept an MM Order or counter as described in Section 2(e). Orders may be routed to one or more Market Makers for potential execution against available inventory. Market Makers are independent businesses that set their own prices, rules, and trading logic and may resell Real-World Assets on MM Platforms. Execution may occur on or off the Tradepost Platform (e.g., on an MM Platform). Tradepost is not responsible for any MM Platform or 3P Vendor and is not a party to those transactions.

Where enabled, Sellers may counter a Market Maker's bid via in-product chat. Counteroffers, acceptances, and other binding actions made through the Tradepost Platform have the same effect as if made in a signed writing.

Prices shown on the Tradepost Platform may be set algorithmically by Market Makers and may update dynamically, including in response to conditional bid rules, inventory changes, or external market conditions. Any predicted or indicative price that Tradepost displays is informational only and not a guarantee of execution or value.

Market Maker identities are not disclosed to Sellers at the time of bidding or offer acceptance. After a sale is completed, Tradepost will provide Seller with the necessary information to complete the transfer, such as shipping address and transfer recipient name. Any codes or identifiers displayed during the bidding process do not reveal Market Maker identity.

The Tradepost Platform may aggregate assets or prices from 3P Vendors and/or link to MM Platforms. When purchasing on such sites, Market Makers complete the transaction with the third party and are subject to 3P Terms, including any additional fees. Tradepost is not responsible for 3P Terms or their enforcement. Market Makers are responsible for reviewing and complying with 3P Terms. We may earn a commission when Market Makers click outbound links and make purchases.

If you are a Seller, additional Seller Terms, located at tradepost.co/seller-terms (the "Seller Terms") govern your use of the Tradepost Platform. Seller Terms are supplemental to, and incorporated by reference, into these Terms. If there are any inconsistencies between the Seller Terms and these Terms, the Seller Terms will govern with respect to the offer and sale of Real-World Assets through the Tradepost Platform. Tradepost's fees applicable to Sellers are listed here tradepost.co/seller-terms.

When Sellers list Real-World Assets, Tradepost solicits bids from Market Makers. If one or more Market Makers submit bids, Tradepost displays the highest available bid as an "Instant Cash Offer." The offer represents the net amount Seller will receive - no additional fees are deducted from this amount. By accepting an Instant Cash Offer, Seller enters into a binding sale agreement directly with the Market Maker. Tradepost facilitates payment but is not a party to the sale. Seller is responsible for transferring the Real-World Asset to the Market Maker according to provided instructions.Tradepost may display reference prices or "Predicted Prices" for informational purposes only. These are not guarantees of value or execution. Actual offer prices are determined by Market Maker bids at the time of listing. Tradepost and/or Market Makers earn fees on transactions. These fees are already incorporated into the Instant Cash Offer price displayed to Seller, so Seller receives the full displayed amount. Seller may be responsible for shipping costs and other expenses as described in the Seller Terms. By accepting an Instant Cash Offer, Seller enters into a binding sale agreement directly with the Market Maker. Tradepost facilitates payment processing but is not a party to the sale. Seller must transfer the Real-World Asset to the Market Maker according to provided instructions.

Tradepost's fee structure for Sellers is available at tradepost.co/seller-fees and incorporated into the Seller Terms. Payment timing and withdrawal procedures are described in detail in the Seller Terms.

Buyers are fully responsible for completing their Real-World Asset purchases, including paying any applicable fees. Tradepost's fees applicable to Market Makers will be made available upon purchase of the Real-World Assets. By confirming a purchase by listing them for potential execution against MM Orders or through a Seller Listing, Market Makers enter into a binding agreement with the Seller (as applicable) to buy the selected Real-World Asset. All sales are final, and no refunds will be issued unless the event is canceled. Once a purchase is complete, orders cannot be changed or canceled. Market Makers agree to supply the Seller and Tradepost with the appropriate information necessary for delivery of Real-World Assets, including email address and physical address (if applicable). If a Market Maker provides incorrect information for the delivery of Real-World Assets, or a Market Maker is unavailable to receive the Real-World Assets when they are delivered, the Market Maker will not be eligible for any refund or credits. The Market Maker may not conceal its identity using multiple IPs or emails, to purchase Real-World Assets and is prohibited from using any form of automated bots or for purchasing Real-World Assets. Tradepost may display the original price of a Real-World Asset, subject to availability of information and without independent verification of its accuracy. Tradepost (or a third party) will present the total amount due, including any fees and taxes it collects, at the time of payment authorization. Pricing and fees are dynamic and may vary; the final total, including the price, fees, and taxes is disclosed at payment authorization. Real-World Asset prices may exceed the face value of the Real-World Asset.

Payments are processed by Coinflow, Inc. (and its affiliates) or other designated payment processors ("Payment Processor"). Accepted payment methods include credit card and debit card. Buyers must provide accurate information for delivery including (1) Email address for digital assets or electronic tickets, (2) Physical address for shipped items, and (3) Recipient name and contact information. If Buyer provides incorrect delivery information or is unavailable to receive items when delivered, Buyer is not eligible for refund or credit.

Market Makers purchasing Real-WorldAssets for resale must comply with all applicable laws, including ticket resale laws, consumer protection regulations, and tax obligations. Market Makers agree to (1) Provide accurate and timely payment, (2) Accept delivery within specified timeframes, (3) Verify items promptly upon receipt, and (4) Comply with all Market Maker Terms (see Section 4.7).

Tradepost may display the original face value or purchase price of Real-World Assets (particularly for event tickets), subject to availability of information and without independent verification of accuracy. Prices on Tradepost may exceed the original face value. This is legal in most jurisdictions and reflects market demand, scarcity, and other factors.

Tradepost does not guarantee (a) that every Real-World Asset purchased on Tradepost will be eligible for resale on Tradepost, or (b) that as a User, you will receive a Real-World Asset from a Seller in time to enable a Market Maker to resell the Real-World Asset on the Tradepost Platform or other resell method or platform. In addition, each Market Maker acknowledges that when reselling Real-World Assets previously purchased through the Tradepost Platform, a Market Maker may not be able to list a Real-World Asset for resale at its desired price (for example, Tradepost may impose a Real-World Asset price cap for fraud purposes). Buyers reselling items on Tradepost become Sellers and must comply with the Seller Terms at tradepost.co/seller-terms. Buyers may resell Real-World Assets through other channels, subject to applicable law and any transfer restrictions on the items.

No compensation will be provided to Market Makers for any reason except as expressly described in these Terms. Market Makers are not permitted to return purchased assets or cancel an order, except as expressly provided under these Terms. A Market Maker may, however, sell a Real-World Asset purchased on the Tradepost Platform to another Market Maker on the Tradepost Platform or, subject to certain restrictions and applicable law, may sell the Real-World Assets by alternative means. Tradepost reserves the right to cancel and refund User's order at any time for any reason.

Market Makers purchasing Real-World Assets on the Tradepost Platform are subject to separate Market Maker Terms & Conditions, which govern eligibility and onboarding requirements, API access and bid submission, pricing and fee structures, payment obligations and timing, item acceptance and rejection standards, data usage and confidentiality, performance requirements, and termination and suspension. The Market Maker Terms are available at tradepost.co/market-maker-terms and are incorporated by reference into these Terms. In the event of conflict between these General Terms and the Market Maker Terms, the Market Maker Terms control with respect to Market Maker activities. Market Makers acknowledge that failure to comply with Market Maker Terms may result in suspension of bidding privileges, account termination, and legal action.

If the Real-World Asset relates to an event that is canceled and not rescheduled (a "Canceled Event"), Tradepost will remove the event and any listing related to the event from the Tradepost Platform, and provide Buyers who have purchased any Real-World Assets for such Canceled Event with notice of the cancellation and further instructions. Buyer will receive a refund or, subject to applicable state laws, a credit (to be determined in Tradepost's sole and exclusive discretion) once the Buyer has returned the Real-World Asset(s) in the manner and within the timeline given by Tradepost. Please note that certain states require the refund of a Real-World Asset if an event is canceled, and Tradepost's refund policy is intended at all times to comply with all applicable state laws. If you did not receive a refund for a canceled event but believe that you are entitled to a refund under applicable state law, please contact Tradepost at support@tradepost.co.

Tradepost will work with Buyer, on an individual basis, to attempt to resolve any issues if an event related to a Real-World Asset is postponed. Refunds or credits will not be issued for postponed events, unless they are later canceled.

Tradepost is not responsible for any other event changes related to a Real-World Asset, including (but not limited to) partial performances, venue, line-up, or time changes. No refunds or credits will be issued under such circumstances.

You may be required to register with Tradepost or provide information about yourself (e.g., name and email address) and your company, if applicable, in order to access and use certain features of the Tradepost Platform. If you choose to register for the Tradepost Platform, you agree to provide and maintain true, accurate, current, and complete information about yourself and company, if applicable, as prompted by the Tradepost Platform's registration form. Registration data and certain other information about you are governed by our Privacy Policy. If you are under 13 years of age, you are not authorized to use the Tradepost Platform, with or without registering. In addition, if you are under 18 years old, you may use the Tradepost Platform, with or without registering, only with the express consent of your parent or guardian, and you agree to provide true, accurate, current, and complete information as requested by Tradepost to confirm such express consent.

You may not use the Tradepost Platform if you are located in, or a citizen or resident of any state, country, territory or other jurisdiction that is embargoed by the United States or where your use of the Tradepost Platform would be illegal or otherwise violate any applicable law. You represent and warrant that you are not a citizen or resident of any such jurisdiction and that you will not use any Tradepost Platform while located in any such jurisdiction. You also may not use the Tradepost Platform if you are located in, or a citizen or resident of, any other jurisdiction where we have determined, at our discretion, to prohibit use of the Tradepost Platform. We may implement controls to restrict access to the Tradepost Platform from any such jurisdiction. You will comply with this paragraph even if our methods to prevent use of the Tradepost Platform are not effective or can be bypassed.

You are responsible for maintaining the confidentiality of your password and account details, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Tradepost of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Tradepost Platform. Tradepost and its current and future affiliates (collectively, "Tradepost Affiliates") will not be liable for any loss or damage arising from your failure to comply with this paragraph.

Tradepost reserves the right to modify or discontinue, temporarily or permanently, the Tradepost Platform (or any part thereof) with or without notice. You agree that Tradepost and Tradepost Affiliates will not be liable to you or to any third party for any modification, suspension or discontinuance of the Tradepost Platform.

In addition to assets aggregated from 3P Vendors, the Tradepost Platform may contain, be provided with, or provide access to services, sites, technology, and resources that are provided or otherwise made available by third parties, (including the third-party sites Users may be directed to purchase assets) (the "3P Services"). Your access and use of any 3P Services may also be subject to additional terms and conditions, privacy policies, or other agreements with such third party, and you may be required to authenticate to or create separate accounts to use 3P Services on the websites or via the technology platforms of their respective providers. Some 3P Services will provide us with access to certain information that you have provided to third parties, including through such 3P Services, and we will use, store and disclose such information in accordance with our Privacy Policy. For more information about the implications of activating 3P Services and our use, storage and disclosure of information related to you and your use of such 3P Services within the Tradepost Platform, please see our Privacy Policy. Tradepost has no control over and is not responsible for such 3P Services, including for the accuracy, availability, reliability, or completeness of information shared by or available through 3P Services, or on the privacy practices of 3P Services. We encourage you to review the privacy policies of the third parties providing 3P Services prior to using such services. You, and not Tradepost or any Tradepost Affiliate, will be responsible for any and all costs and charges associated with your use of any 3P Services. Tradepost enables these 3P Services merely as a convenience and the integration or inclusion of such 3P Services does not imply an endorsement or recommendation. Any dealings you have with third parties while using the Tradepost Platform are between you and the third party. Tradepost and Tradepost Affiliates will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any 3P Services. For clarity, 3P Services includes assets aggregated from 3P Vendors.

Under no circumstances will Tradepost or any Tradepost Affiliate be liable in any way for any content or materials of any third parties (including users) ("3P Materials"), including for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Tradepost does not pre-screen content, but that Tradepost and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Tradepost Platform. Without limiting the foregoing, Tradepost and its designees will have the right to remove any content that violates these Terms or is deemed by Tradepost, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

To the extent that you utilize any other 3P Services, 3P Vendors, or 3P Materials in connection with your use of the Tradepost Platform, you agree to comply with all applicable terms of any agreement for such third-party products and services.

We are under no obligation to provide support for the Tradepost Platform. Instances where we may offer support, the support will be subject to published policies. Support is conducted through support@tradepost.co.

You are solely responsible for all content including images, text, or other materials that you make available to Tradepost, including by uploading, posting, publishing, or displaying (hereinafter, "upload(ing)") via the Tradepost Platform or by emailing or otherwise making available to other users of the Tradepost Platform (collectively, "User Content"). Tradepost reserves the right to investigate and take appropriate legal action against anyone who, in Tradepost's sole discretion, violates this provision, including removing the offending content from the Tradepost Platform, suspending, or terminating the account of such violators, and reporting the violator to law enforcement authorities. You agree to not to:

• upload any User Content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, "junk mail," "spam," "chain letters," "pyramid schemes," "contests," "sweepstakes," or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, discriminatory, or otherwise objectionable; or (vii) in the sole judgment of Tradepost, is objectionable or which restricts or inhibits any other person from using or enjoying the Tradepost Platform, or which may expose Tradepost or its users to any harm or liability of any type;
• interfere with or disrupt the Tradepost Platform or servers or networks connected to the Tradepost Platform, or disobey any requirements, procedures, policies, or regulations of networks connected to the Tradepost Platform;
• violate any applicable local, state, national, or international law, or any regulations having the force of law;
• impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• solicit personal information from anyone under the age of 18;
• harvest or collect email addresses or other contact information of other users from the Tradepost Platform by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
• advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
• further or promote any criminal activity or enterprise or provide instructional information about illegal activities;
• obtain or attempt to access or otherwise obtain any content or information through any means not intentionally made available or provided for through the Tradepost Platform;
• circumvent, remove, alter, deactivate, degrade, or thwart any of the content protections in or geographic restrictions on any content available on or through the Tradepost Platform, including through the use of virtual private networks;
• engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods;
• copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Tradepost Platform;
• use, or allow third parties to use, any other content, data, or other information received or derived from the Tradepost Platform: to (i) directly or indirectly create, train, test, or otherwise improve any machine learning algorithms or artificial intelligence systems; (ii) to develop foundation models or other large scale models that compete with Tradepost or the Tradepost Platform or other features of the Tradepost Platform; or (c) in a manner that violates any documentation, services usage guidelines, or other parameters or instructions of Tradepost; or
• use the Tradepost Platform for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.

If you are blocked by Tradepost from accessing the Tradepost Platform (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address or virtual private network).

To the extent that Real-World Assets are available for purchase directly through the Tradepost Platform, or any portion thereof is made available for any fee, you may be required to select a payment plan and provide information regarding your credit card or other payment instrument. Payments for transactions on the Tradepost Platform via bank account, credit card, or debit card are processed by Coinflow, Inc. (and its affiliates) or other designated providers ("Payment Processor"). By making a purchase on the Tradepost Platform, you authorize Tradepost and Payment Processor to receive, store, and charge your payment method as needed to complete transactions. You represent and warrant to Tradepost that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with Tradepost or the Payment Processor, as applicable, for any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay the amount that is specified for your purchase, including any payment plan in accordance with the terms of such plan and these Terms. You hereby authorize the Payment Processor to store and continue billing your specified payment method even after such payment method has expired, to avoid interruptions in payment for your transactions or use of the Tradepost Platform. Please contact the Payment Processor for more information. If you dispute any charges, you must let Tradepost know within 60 days after the date that Tradepost charges you, or within such longer period of time as may be required under applicable law. Each Seller listing Real-World Assets for sale on the Tradepost Platform authorizes Tradepost to act as merchant of record and their commercial agent to accept orders, complete transactions, and facilitate payment through Payment Processor. Upon your completion of a transaction on the Tradepost Platform, the relevant Seller will be responsible for fulfillment of the order, including delivering the Real-World Assets. Tradepost assumes no liability or responsibility for any actions or omissions of a Seller or of Payment Processor.

Payments made by you are final and non-refundable, unless otherwise determined by Tradepost. Cancellations and changes to any Real-World Assets that you purchase through our Tradepost Platform are subject to these Terms. If the purchase is completed on a 3P Vendor or MM Platform, that site's refund and cancellation policies apply.

3P Vendors may charge additional fees that are not included in the Real-World Asset's listed price on our site unless explicitly stated otherwise. Market Makers are required to arrange and pay any such fees directly to the 3P Vendor. Many 3P Vendors reserve the right to make changes and cancel confirmed Real-World Assets, and supplemental terms and conditions may also apply. We are not responsible for such changes or cancellations, and we do not have any control over them. Please contact the 3P Vendor if you have any questions or would like to cancel or make changes to your Real-World Asset.

All right, title, and interest in and to the Tradepost Platform, Deidentified Data, and Analytic Data (defined below) including all intellectual property rights are owned by us or our licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to our Tradepost Platform are reserved by us or our licensors. Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Tradepost Platform for your own personal, noncommercial use. Any use of our Tradepost Platform other than as specifically authorized in these Terms, without our prior written permission, is strictly prohibited, will terminate this license and violate our intellectual property rights.

The Tradepost name and logos are trademarks and service marks of Tradepost (collectively the "Tradepost Trademarks"). Other company, product, and service names and logos used and displayed via the Tradepost Platform may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Tradepost. Nothing in these Terms or the Tradepost Platform should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Tradepost Trademarks displayed on the Tradepost Platform, without our prior written permission in each instance. All goodwill generated from the use of Tradepost Trademarks will inure to our exclusive benefit.

You represent and warrant that you own all right, title and interest in and to the User Content, including all copyrights and rights of publicity contained therein. You grant us and our subsidiaries and Tradepost Affiliates a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully paid, and sublicensable license to process, reproduce, distribute, and otherwise use and display the User Content and perform all acts with respect to the User Content as may be necessary or useful for us to provide the Tradepost Platform, to maintain, provide, and develop the Tradepost Platform and otherwise develop and improve our (and/or Tradepost Affiliates') technologies and offerings, to promote, advertise or market the foregoing, to generate or develop deidentified data from the User Content and any derivatives that do not directly or indirectly identify you or any individual (the "Deidentified Data"), and as otherwise set forth in our Privacy Policy. In addition, you acknowledge and agree that we may monitor, collect, use, and store anonymous and aggregate statistics regarding your use of the Tradepost Platform (collectively, "Analytic Data"). In order for us to provide our Tradepost Platform, you agree that we may process, transfer and store information about you in the United States and other countries, where you may not have the same rights and protections as you do under local law. You also agree that you irrevocably waive any claims and assertions of moral rights or attribution with respect to your User Content. You assume all risk associated with your User Content and the transmission of your User Content, and you have sole responsibility for the accuracy, quality, legality and appropriateness of your User Content.

Any questions, comments, suggestions, ideas, feedback, reviews, or other information about the Tradepost Platform ("Submissions"), provided by you to Tradepost or any Tradepost Affiliate are non-confidential and Tradepost and Tradepost Affiliates will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment, attribution, or compensation to you.

You acknowledge and agree that Tradepost may preserve Market Maker Content and may also disclose Market Maker Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws, or government requests; (b) enforce these Terms; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Tradepost, its users, or the public. You understand that the technical processing and transmission of the Tradepost Platform, including your Market Maker Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.

This Dispute Resolution by Binding Arbitration section is referred to in these Terms as the "Arbitration Agreement." You agree that any and all disputes or claims that have arisen or may arise between you and Tradepost, whether arising out of or relating to these Terms (including any alleged breach thereof), the Tradepost Platform, any advertising, or any aspect of the relationship or transactions between us, will be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms, you and Tradepost are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Arbitration Agreement by sending an email to support@tradepost.co. In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with terms provided under the "General" section below.

YOU AND TRADEPOST AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND TRADEPOST AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.

Tradepost is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer's satisfaction by emailing customer support at support@tradepost.co. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). The Notice to Tradepost should be sent to support@tradepost.co ("Notice Address"). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Tradepost and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Tradepost may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Tradepost or you will not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Tradepost is entitled.

Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association's ("AAA") rules and procedures, including the AAA's Consumer Arbitration Rules (collectively, the "AAA Rules"), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, https://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA's consumer arbitration page, https://www.adr.org/consumer. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms as a court would. All issues are for the arbitrator to decide, including issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Terms and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.

Unless Tradepost and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination will be made by AAA. If your claim is for $10,000 or less, Tradepost agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

Payment of all filing, administration, and arbitrator fees (collectively, the "Arbitration Fees") will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. To the extent any Arbitration Fees are not specifically allocated to either Tradepost or you under the AAA Rules, Tradepost and you will split them equally; provided that if you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of such Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of any Arbitration Fees, Tradepost will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Tradepost will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys' fees will be governed by the AAA Rules.

All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) above titled "Prohibition of Class and Representative Actions and Non-Individualized Relief" above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement will be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled "Prohibition of Class and Representative Actions and Non-Individualized Relief" are invalid or unenforceable, then the entirety of this Arbitration Agreement will be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of these Terms will continue to apply.

Notwithstanding any provision in these Terms to the contrary, Tradepost agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Tradepost Platform, we will provide you with reasonable notice of such change, and you may reject any such change by sending Tradepost written notice within 30 calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).