1. Contractual Relationship

These Trado™ Terms and Conditions (“Trado Terms”) govern your access and use of applications, websites, content, products, and services (the “Technology Services”) made available by Trado Technology Corp. and its parents, subsidiaries, representatives, affiliates, officers and directors (collectively, “Trado”) that enable users (“you” or “Sender” or “Recipient”) to arrange and schedule the pick-up and/or delivery of item(s) (the “Item(s)”) to a designated address (“Delivery Services”) (collectively, the “Delivery Marketplace”).

Your access and use of the Delivery Marketplace is also governed by our Privacy Policy, as well as all other applicable terms, conditions, policies, limitations and requirements. If, and then only to the extent that, the Privacy Policy or other applicable terms are inconsistent with the Trado Terms, the Trado Terms will control with respect to the Delivery Marketplace. PLEASE READ THE TRADO TERMS CAREFULLY, AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND TRADO. In the Trado Terms, the words "including" and "include" mean "including, but not limited to." Capitalized terms used herein but not defined herein shall have the meanings ascribed to them in the Terms.

By accessing or using the Delivery Marketplace, or by clicking to accept or agree to the Terms of Use when this option is made available to you, you confirm your agreement to be bound by the Trado Terms. If you do not agree to the Trado Terms, you may not access or use the Delivery Marketplace. Trado may immediately terminate these Trado Terms or the Delivery Marketplace with respect to you, or generally cease offering or deny access to the Delivery Marketplace or any portion thereof, at any time for any reason.

This Delivery Services are offered and available to users who are 18 years of age or older. By using the Delivery Services, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

IMPORTANT: PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH TRADO ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.

2. Arbitration Agreement

By agreeing to the Trado Terms, you agree that you are required to resolve any claim that you may have against Trado on an individual basis in arbitration, as set forth in this Arbitration Agreement. This will preclude you from bringing any class, collective, or representative action against Trado, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against Trado by someone else.

Agreement to Binding Arbitration Between You and Trado

You and Trado agree that any dispute, claim or controversy arising out of or relating to (a) the Trado Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to or use of the Delivery Marketplace at any time, whether before or after the date you agreed to the Trado Terms, will be settled by binding arbitration between you and Trado, and not in a court of law. Notwithstanding the foregoing, where you allege claims of sexual assault or sexual harassment occurring in connection with your use of the Delivery Marketplace, you may elect to bring those claims in a court of competent jurisdiction instead of arbitration. Trado agrees to honor your election of forum with respect to your individual sexual assault or sexual harassment claim but in so doing does not waive the enforceability of this Arbitration Agreement as to any other provision (including, but not limited to, the waivers provided in the following paragraph, which will continue to apply in court and arbitration), controversy, claim or dispute.

You acknowledge and agree that you and Trado 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. Unless both you and Trado otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, you and Trado each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights.

Rules and Governing Law

The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the AAA's Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879.

The parties agree that the arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Trado Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.

Notwithstanding any choice of law or other provision in the Trado Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the state of California.

Process

A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration - Consumer Arbitration Rules at www.adr.org or by calling the AAA at 1-800-778-7879). The Arbitrator will be either (1) a retired judge or (2) an attorney specifically licensed to practice law in the state of California and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an Arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the Arbitrator in accordance with the AAA Rules.

Location and Procedure

Unless you and Trado otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Trado submit to the Arbitrator, unless you request a hearing or the Arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the Arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

Arbitrator's Decision

The Arbitrator will render an award within the time frame specified in the AAA Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. The Arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. An Arbitrator's decision shall be final and binding on all parties. An Arbitrator's decision and judgment thereon shall have no precedential or collateral estoppel effect. If you prevail in arbitration you will be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law. Trado will not seek, and hereby waives all rights Trado may have under applicable law to recover attorneys' fees and expenses if Trado prevails in arbitration.

Fees

Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $50,000, Trado will pay all such fees, unless the Arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

Changes

Notwithstanding the provisions in Section 1 above, regarding consent to be bound by amendments to these Trado Terms, if Trado changes this Arbitration Agreement after the date you first agreed to the Trado Terms (or to any subsequent changes to the Trado Terms), you may reject any such change by providing Trado written notice of such rejection within 30 days of the date such change became effective, as indicated in the “Effective” date above. This written notice must be provided either (a) by mail or hand delivery to our registered agent for service of process, c/o Trado Technology Corp. (the name and current contact information for the registered agent in each state are available online here), or (b) by email from the email address associated with your Account to: support@trado.io. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this Arbitration Agreement. By rejecting changes, you are agreeing that you will arbitrate any dispute between you and Trado in accordance with the provisions of this Arbitration Agreement as of the date you first agreed to the Trado Terms (or to any subsequent changes to the Trado Terms).

Severability and Survival

If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these Trado Terms; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties' ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.

3. The Delivery Marketplace

The Delivery Marketplace enables users to arrange and schedule Delivery Services with third party providers of such services (“Service Providers”) under agreement with Trado.

YOU ACKNOWLEDGE THAT YOUR ABILITY TO OBTAIN DELIVERY SERVICES THROUGH THE USE OF THE DELIVERY MARKETPLACE DOES NOT ESTABLISH TRADO AS A PROVIDER OF TRANSPORTATION, LOGISTICS OR DELIVERY SERVICES OR AS A TRANSPORTATION CARRIER AND THAT ALL SUCH TRANSPORTATION OR LOGISTICS OR DELIVERY SERVICES ARE PROVIDED BY INDEPENDENT THIRD PARTY CONTRACTORS WHO ARE NOT EMPLOYED BY TRADO OR ANY OF ITS AFFILIATES.

4. Access and Use of the Delivery Marketplace

User Requirements

You may not authorize third parties to use your Account to access and use the Delivery Marketplace. You agree to comply with all applicable laws when accessing or using the Delivery Marketplace, and you may only access or use the Delivery Marketplace for lawful purposes.

You may not in your access or use of the Delivery Marketplace cause nuisance, annoyance, inconvenience, or property damage, whether to Service Providers or any other party.

Prohibited Items

You may not access the Delivery Marketplace or use the Delivery Service to send any Prohibited Items (“Prohibited Items”). Prohibited Items include, but are not limited to:

• People;
• Illegal items;
• Firearms, weapons, ammunition, and their parts;
• Alcohol;
• Highly perishable food or beverages (e.g., raw meat or dairy products);
• Pharmaceutical products, over-the-counter medications, vitamins, or supplements;
• Recreational drugs, drug paraphernalia, or tobacco products;
• Money, gift cards, lottery tickets, or transferable securities;
• Dangerous or hazardous items, including explosives, items that are poisonous or flammable (e.g., paints or adhesives containing a flammable liquid), substances and material identified in the Hazardous Materials Table in 49 CFR section 172.101, or material determined to be hazardous under 49 U.S.C. section 5103 et. seq. and transported in a quantity requiring placarding according to regulations prescribed under 49 CFR, Subtitle B, Chapter I, Subchapter C, hazardous waste (e.g., hypodermic needles), or medical waste;
• Stolen goods;
• Fragile items;
• Sexual aids; obscene or pornographic material;
• Livestock, regulated species (e.g., noxious weeds, prohibited seeds), or animal parts, bloods, or fluids; or
• Any items for which you do not have permission to send.

The above list of Prohibited Items is not exhaustive. Trado retains the discretion to prohibit additional items that are not on the above list. For a current list of Prohibited Items for Delivery Services, please see Prohibited Items at https://www.trado.io/help-center/.

Certain Deliveries

Item(s) must have been purchased prior to the performance of Delivery Services; a Service Provider is not able to purchase items for you through the Delivery Services.

Refusal or Rejection of Deliveries

Under certain circumstances, a Service Provider may refuse to pick up or deliver the Item(s) (for example, if the size or weight of an Item are not consistent with the description), or cancel the delivery after acceptance; provided at all times, Service Providers must comply with all applicable Trado guidelines.

Delivery, Redelivery, and Undeliverable Items

If the Service Provider is not able to complete the delivery because, for example, the delivery location was entered incorrectly, the Service Provider may attempt to arrange for the return of the Item to you. You acknowledge and agree that you may be charged for any costs associated with a delivery failure or a return delivery.

If the Service Provider is not able to return the Item, you acknowledge and agree that the Item may be left at the original pickup location, with local authorities or, provided you send the Service Provider written instruction via the Technology Services, at the delivery location. To the extent feasible and if requested by you, Trado will also attempt to facilitate an exchange of the undelivered Item between you and the Service Provider. You acknowledge and agree that you may be charged additional fees in connection with the return, redelivery or disposal of your Item.

Geographic Restrictions

Trado provide the Delivery Services for use only by persons located in the United States, and only within local geographic territories where the Delivery Services are available from time to time.

Item Notices

Trado Users will receive various messages from Trado notifying them regarding the pick-up and delivery of their Item(s) via the Delivery Services, and the messages will provide them the opportunity to contact the Service Provider(the “Item Recipient Notice”).

For Item Notices going to existing Trado app users, the Item Notice may be a push notification, or an SMS message, depending on their app functionality user preferences.

If you have any questions regarding privacy, please read here https://www.trado.io/privacy-policy/.

Accessing the Delivery Services and Account Security

Trado reserves the right to withdraw or change the Delivery Services in its sole discretion without notice. Trado will not be liable if for any reason all or any part of the Delivery Services are unavailable at any time or for any period. From time to time, Trado may restrict access to some parts of the Delivery Services, or the entire Delivery Services, to users, including registered users.

To access the Delivery Services, you may be asked to provide certain registration details or other information. It is a condition of your use of the Delivery Services that all the information you provide through the Delivery Services is correct, current and complete. You agree that all information you provide to register with this Delivery Services or otherwise is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of information as part of Trado's 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 the Delivery Services or portions of it using your user name, password or other security information. You agree to notify Trado 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. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

Trado has the right to disable any user name, password or other identifier, whether chosen by you or provided by Trado, at any time in its sole discretion for any or no reason, including if, in Trado's opinion, you have violated any provision of these Terms of Use.

Prohibited Uses

You may use the App only for lawful purposes and in accordance with this Agreement. You agree not to:

• Use the Delivery Services in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries);
• For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
• Use the Delivery Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Delivery Services, including their ability to engage in real-time activities through the Delivery Services;
• Use any robot, spider, or other automatic device, process, or means to access the Delivery Services for any purpose, including monitoring or copying any of the material on the Delivery Services;
• Use any manual process to monitor or copy any of the material on the Delivery Services, or for any other purpose not expressly authorized in these Trado Terms, without our prior written consent;
• Use any device, software, or routine that interferes with the proper working of the Delivery Services;
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Delivery Services or otherwise interfere with the proper working of the Delivery Services
• To impersonate or attempt to impersonate Trado, a Trado employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing); or
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Delivery Services, or which, as determined by us, may harm Trado or users of the Delivery Services, or expose them to liability.

Trado has the right to terminate or suspend your access to all or part of the Delivery Services for any or no reason, including without limitation, any violation of these Trado Terms. Trado may, in its sole discretion, determine to notify local law enforcement in the event of a violation of these Trade Terms and/or potentially illegal activity.

5. INTELLECTUAL PROPERTY RIGHTS

Ownership

The Delivery Services (including without limitation this website and the Trado app) and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, and the design, selection, and arrangement thereof) are owned by Trado, 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. The content may not be copied, distributed, displayed, modified, reproduced, published, downloaded, stored, transmitted, or reverse engineered in whole or in part without our prior written permission.

Trademarks

The Trado name, the terms Trado, and all related names, logos, product and service names, designs and slogans are trademarks of Trado or its affiliates or licensors. You must not use such marks without the prior written permission of Trado. All other names, logos, product and service names, designs and slogans used in the Delivery Services are the trademarks of their respective owners.

6. Declared Value; Disclaimers; Limitation of Liability; Indemnity

SHIPMENT PROTECTION / DECLARED VALUE

The declared value of any Item represents Trado's maximum liability in connection with the delivery of an Item, including, but not limited to, any loss, damage, delay, misdelivery, nondelivery, misinformation, any failure to provide information, or misdelivery of information relating to the delivery. It is your responsibility to prove actual damages. Exposure to and risk of any loss in excess of the declared value is assumed by Sender and Recipient. You may transfer this risk to an insurance carrier of your choice through the purchase of an insurance policy. Contact an insurance agent or broker if you desire insurance coverage. WE DO NOT PROVIDE INSURANCE COVERAGE OF ANY KIND.

With respect to any Item, unless a higher value is declared and paid for, our liability for each item is limited to $100 USD. For each Item exceeding $100 USD and up to $1000 USD in declared value, Shipment Protection can be purchased for 10% of the shipment cost. Shipment protections exceeding $1000 USD in total value, can be purchased for 5% of the total value of the shipment.

Except as limited below, the maximum declared value per shipment in any delivery is US $15,000 USD.

ANY EFFORT TO DECLARE A VALUE IN EXCESS OF THE MAXIMUMS ALLOWED IN THE APPLICABLE TRADE TERMS AND CONDITIONS IS NULL AND VOID. OUR ACCEPTANCE FOR DELIVERY OF ANY ITEM BEARING A DECLARED VALUE IN EXCESS OF THE ALLOWED MAXIMUMS DOES NOT CONSTITUTE A WAIVER OF ANY PROVISION OF THESE TERMS OR ANY OTHER TRADE TERMS AS TO SUCH ITEM.

REGARDLESS OF THE DECLARED VALUE OF AN ITEM, TRADO'S LIABILITY FOR LOSS, DAMAGE, DELAY, MISDELIVERY, NONDELIVERY, MISINFORMATION, ANY FAILURE TO PROVIDE INFORMATION, OR MISDELIVERY OF INFORMATION, WILL NOT EXCEED THE ACTUAL REPAIR COST, ITS DEPRECIATED VALUE, OR ITS REPLACEMENT COST, WHICHEVER IS LESS.

The Sender is responsible for accurately completing the information for each Item when using the Delivery Marketplace or any Services, including completion of thedeclared-value section. Trado cannot honor requests to change the declared-value information submitted.

Trado's shipment protection program covers damage from the following:

• Accidents such as drops, scratches, dents and tears;
• Water or fire damage, such as leaks in the vehicle or truck;
• Damage due to a collision of our with the Service Provider's vehicle;
• Non-delivery; and
• Third party theft during transit or while your Item is in Service Provider's control.

Trado is not responsible for loss, damage or destruction of items resulting from any of the following:

• Improper packaging.
• Incorrect, inaccessible, or undeliverable addresses.
• Loss or damage to property before or after transit.
• Porch piracy or theft before or after delivery to the delivery address/location specified within the listing.
• Acts of God or forces of nature, including, but not limited to, storms, fires, earthquakes, pandemic, virus, bacteria, or other pathogen, and similar natural disasters.
• Acts of war or terrorism including civil war, revolution, rebellion, insurrection, or civil strife arising therefrom, or any hostile act by or against a belligerent power; Derelict mines, torpedoes, bombs, or other derelict weapons of war.
• Capture, seizure, arrest, restraint, detainment, confiscation, preemption, requisition, nationalization, and the consequences thereof or any attempt thereat, whether in time of peace or war, and whether lawful or otherwise.
• Prohibited Items or rejected Items, as described in these Trado Terms or other applicable terms and conditions.
• Loss or damage after the Service Provider provides a GPS location or photographic evidence that it delivered your item to the specified address, or if it is with your requested person of delivery or at a secure location approved by you.
• Transactions canceled in writing by you or by us prior to shipment.
• Any notices of loss or damage provided to us after the notice deadlines described in these Trado Terms.
• The shipping or delivery address or shipping label being changed without written agreement of the Service Provider after the Service Provider takes possession of your Item(s).
• Actual, suspected, or threatened fraudulent activity or other misconduct, as determined in our sole discretion.
• Any consequential, special, indirect, incidental, punitive, or exemplary damages, or other fines, penalties, or damages resulting from loss of income or use of property.
• Normal wear and tear, pre-existing conditions, recall, or violation of applicable laws.
• Loss or damage to items other than those items for which this contract was agreed to and paid.

Trado's obligation to reimburse you for any Item is subject to the following and any other policies and claim requirements established by Trado from time to time:

• To be reimbursed, you must provide proof of loss or damage of goods.
• To be reimbursed, you must provide proof that Trado is at fault.
• To be reimbursed, you must provide the following as part of your claim:
• Clear photo images with time stamps of the Item, both before and after the shipment;
• Detailed description of the goods and the damages;
• Estimate for repair of the damaged goods; and
• Estimate for cost of replacement of the damaged goods.
• Failure to provide requested information or documentation in connection with any claim within 72 hours of delivery may lead to a delay or denial of your claim.
• If you declare a value for Items that are Prohibited Items and they are lost or damaged, you will not be reimbursed.
• No matter the amount you declare, Trado's liability won't exceed your shipment's repair cost, its depreciated value, or its replacement cost— whichever is less.
• Any effort to declare a value more than the maximums allowed in the Trado Terms is null and void. Trado's or a Service Provider's acceptance for delivery of any Item with a declared value in excess of the allowed maximums doesn't waive any provision in the Trado Terms.
• No reimbursements are made for the misdelivery of information.

DISCLAIMER

ACCEPT AS PROVIDED UNDER “DECLARED VALUE” ABOVE, THE DELIVERY MARKETPLACE IS PROVIDED "AS IS" AND "AS AVAILABLE." TRADO DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TRADO TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, TRADO MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE DELIVERY MARKETPLACE OR ANY SERVICES OR GOODS REQUESTED THROUGH OR TRANSPORTED THROUGH THE USE OF THE DELIVERY MARKETPLACE, OR THAT THE DELIVERY MARKETPLACE WILL BE UNINTERRUPTED OR ERRORFREE. TRADO DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF SERVICE PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE DELIVERY MARKETPLACE, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

LIMITATION OF LIABILITY

IN NO EVENT SHALL TRADO'S AGGREGATE LIABILITY EXCEED $15,000 USD, OR THE AMOUNT AS SPECIFIED IN THE “DECLARED VALUE” SECTION ABOVE.

TRADO SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE DELIVERY MARKETPLACE, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF TRADO, EVEN IF TRADO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TRADO SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE DELIVERY MARKETPLACE OR YOUR INABILITY TO ACCESS OR USE THE DELIVERY MARKETPLACE; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY SERVICE PROVIDER, EVEN IF TRADO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TRADO SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND TRADO'S REASONABLE CONTROL.

IF YOU USE THE DELIVERY MARKETPLACE TO ARRANGE DELIVERY SERVICES AND SEND FOOD OR BEVERAGES NOT OTHERWISE PROHIBITED BY THESE TRADO TERMS, YOU ASSUME FULL RESPONSIBILITY FOR SUCH ITEMS AFTER DELIVERY, INCLUDING ANY DAMAGE DUE TO TEMPERATURE SENSITIVITY AND/OR TAMPERING. YOU FURTHER ASSUME FULL RESPONSIBILITY FOR CHILLING ANY PERISHABLES IMMEDIATELY UPON DELIVERY TO HELP MAINTAIN THE SAFETY AND QUALITY OF THOSE ITEMS.

THE DELIVERY MARKETPLACE MAY BE USED BY YOU TO REQUEST AND SCHEDULE DELIVERY SERVICES WITH INDEPENDENT THIRD PARTY SERVICE PROVIDERS, BUT YOU AGREE THAT TRADO HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY DELIVERY OR LOGISTICS SERVICES PROVIDED TO YOU BY SERVICE PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TRADO TERMS.

THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, TRADO'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON TRADO'S CHOICE OF LAW PROVISION SET FORTH BELOW.

Indemnity

You agree to indemnify and hold Trado and its affiliates and their officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees), arising out of or in connection with: (i) your use of the Delivery Marketplace or services or goods obtained through your use of the Delivery Marketplace, including, but not limited to, any harm caused by a Item(s); (ii) your breach or violation of any of these Trado Terms; (iii) Trado's use of your User Content; or (iv) your violation of the rights of any third party, including Service Providers.

7. Other Provisions

Agreement Changes

Trado may in its sole discretion change the Trado Terms or any aspect of the Delivery Marketplace, the Technology Services or cancel the Delivery Marketplace at any time without notice to you. To the maximum extent permitted by law, your continued use of the Delivery Marketplace after the effective date of the revised Trado Terms constitutes your acceptance of the terms. If any change is found invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes or the Trado Terms.

Choice of Law

These Trado Terms are governed by and construed in accordance with the laws of the State of California, U.S.A., without giving effect to any conflict of law principles, except as may be otherwise provided in the Arbitration Agreement above or in supplemental terms applicable to you. However, the choice of law provision regarding the interpretation of these Trado Terms is not intended to create any other substantive right to non-Californians to assert claims under California law whether that be by statute, common law, or otherwise. These provisions, and except as otherwise provided in the Arbitration Agreement of these Trado Terms, are only intended to specify the use of California law to interpret these Trado Terms and the forum for disputes asserting a breach of these Trado Terms, and these provisions shall not be interpreted as generally extending California law to you if you do not otherwise reside in California. The foregoing choice of law and forum selection provisions do not apply to the Arbitration Agreement in this Trade Terms or to any arbitrable disputes as defined therein. Instead, as described in the above Arbitration Agreement, the Federal Arbitration Act shall apply to any such disputes.

Claims of Copyright Infringement

Claims of copyright infringement should be sent to Trado's designated agent. Please email Trado at support@trado.io

Notice

Trado may give notice by means of a general notice on the Delivery Services, electronic mail to your email address in your Account, telephone or text message to any phone number provided in connection with your account, or by written communication sent by first class mail or prepaid post to any address connected with your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email or telephone). You may give notice to Trado, with such notice deemed given when received by Trado, at any time by first class mail or pre-paid post to the following address or email:

Trado Technology Corp.

2350 S Robertson Blvd

Los Angeles, CA 90034

Attn: Legal

Email: support@trado.io

General

You may not assign these Trado Terms without Trado's prior written approval. Trado may assign these Trado Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of Trado's equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, Trado or any Service Provider as a result of the Trado Terms or use of the Delivery Marketplace. If any provision of these Trado Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. Trado's failure to enforce any right or provision in these Trado Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Trado in writing. This provision shall not affect the Severability and Survivability section of the Arbitration Agreement of these Trado Terms.