Help Categories

TopMyTrade is an online bartering community where users from around the world join forces to help each other "trade up" to their dream goal. It's free, fun, and available to everyone across the globe. Members can trade items with others in an attempt to climb the bartering ladder as they make their way to the top.

Start Trading in 3 easy steps...

How To Register
Everything you need to become a TopMyTrade member.

How Does it Work?
Trading is easy, here is how.

How To Trading
Everything about adding items, categories, and more!

Managing your Account
How to make changes to your profile, etc.

Making an Offer
Submitting your offer, trade-up, Trade Sweetner, and more!.

Accepting Offers
What to do after you accepte an offer.

Payment and Shipping
Tips for staying safe on TopMyTrade.

Advertisements
Tips for posting advertisements on TopMyTrade.

Miscellaneous Questions
In case we forgot something...

Terms of Use
Game rules.

General Overview

TopMyTrade is an online bartering website where users from around the world join forces to help each other "trade up" to their dream goal. It's free, fun, and available to everyone across the globe. plus is 100% free!

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How To Register

To create your account you just choose the "Sign Up Now!" link. To register, you'll need to fill out some information, which includes standard information such as your contact details, preferred user ID, address etc.

Required Fields:

  • Full Name
  • City State/Province/county
  • Zip/Postal Code
  • User Name and Password
  • E-mail adddress
  • Confirmation of Terms of Use

Signup Confirmation

Once registration is complete, a confirmation email is sent to the email address you provide during the registration process. An activation link is provided within the email that you must follow to activate your account. If you do not follow the link provided the account will not be activated. Account confirmation is then displayed to you on TopMyTrade.

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How Does it Work?

To start trading go to the MyStuff tab found at the top of the page, it will take you to your items, click on Inventory and then on the item you want to list and then click List. You can list as many items as you want.
Your item is listed on TopMyTrade for 7 days, 7 hours, and 7 minutes. If your item didn't get any offers or you choose not to trade it, you can simply relist it again.
Then you wait for the offers to come to your inbox, thousands of people will look at your item(s) and will offer you something in exchange, it's up to you to decide which offer you want to accept and when do you want to accept it.
You could ask for a Trade Sweetener or a Trade-Off in case you are not satisfied with the offer and wish to request something else.
Once you accept an offer you and the Trade Suitor will contact each other and work out how you wish to deliver the items.

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How To Trading

How do I add an Item?

To list your item(s) simply click on the "MyStuff" tab and then click on "Add Item" link. The listing process is developed in such a way that you are guided through every step seamlessly.
First, tell us what you want to trade, then we ask you other details about your item such as its condition, its value and a description; please provide an accurate description to make it easier for other users to choose your item and avoid misinterpretations. Finally, we ask you to pick a category and to upload a picture of your item. Once you are done filling out the description you can choose to list your item to the public right away, or just add it to your pool of items.

What if I can't find a category for my Item?

You can list your item under a similar category and email the System Administrator so that we can add it in the future.

Once I submit my Item, can I still edit or remove it?

Yes, simply click on the "MyStuff" tab, then on the left side of the screen you will find various links, click on Items and the screen will show you two options: Inventory and Trading. Click on Trading and it will display all the items you are currently trading, click on the item you want to modify, add your changes and then click save.

How many items can I list and trade?

There is no limit on how many items you can list and trade, TopMyTrade is free and gives you the freedom to get as far as you want. We want you to keep trading and we know once you start you will come back.

What if my Item does't get any offers?

No problem, after the listing ends or if you decide to remove your item because you haven't gotten any offers you can just go back to your Inventory and then list it again.

Are there any restrictions on which items aren't allowed on TopMyTrade?

The list below details what can't be listed on TopMyTrade:
  • Alcoholic Beverages
  • Stolen Property
  • Tobacco Products
  • Counterfeit currency, stamps or coins
  • Counterfeit Products of others without their knowledge or permission
  • Embargoed Goods
  • Escort or accompanying services
  • Government and Transit Uniforms, IDs and Licenses
  • Illegal Drugs & Drug Paraphernalia
  • Illegal Services
  • Hazardous Materials
  • Fireworks, Destructive Devices and Explosives
  • Identity Documents, Personal Financial Records & Personal Information (in any form, including mailing lists)
  • Lottery Tickets, Sweepstakes Entries and Slot Machines
  • Massage services
  • Obscene Material and Child Pornography
  • Offensive Material
  • Pesticides
  • Pictures or images that contain nudity
  • Police Badges and Uniforms
  • Prescription Drugs and Devices
  • Prostitution or ads that offer sex, sexual favors or sexual actions in exchange for money
  • Recalled items
  • Satellite products that violate the Radio communication Act
  • Sexual services, including webcam
  • Stocks and Other Securities
  • Used Cosmetics
  • Weapons and related items (such as firearms, firearm parts and magazines, ammunition, paintball guns, BB and pellet guns, tear gas, stun guns, switchblade knives, and martial arts weapons)

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Managing your Account

How do I update my Profile Information?

Go to profile and click on edit profile, add your changes and click save.

Can I create multiple accounts?

No, it is against TopMyTrade rules to have multiple accounts.

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Making an Offer

Once I submit my offer, can I still edit or delete it?

No, your item cannot be modified once you’ve submitted an offer. However, you can add another item to make a trade up or trade sweetner.

Why can't I make an offer to an Item?

You cannot make an offer to your own item(s). An offer also cannot be made if the time of the listing has expired.

What Is a Trade Sweetener? How do I request a Trade Sweetener?

The purpose of a trade sweetener is to make an offer more attractive. For example: if your offer is rejected by the trader, then the suitor has the ability to offer a trade sweetner by adding another item to the transaction.

What is a trade off?

The purpose of a trade off is to make a trade fair. For example, you receive an offer for your item but you are not sure if the offer is far, you can select items from the suitors trading pool to add to the transaction.

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Accepting Offers

When can I accpet an Offer?

At any point in the time period of 7 days, 7 hours and 7 minutes is when an offer can be accepted. To accept an offer, the trade must be of equal value. If the trade is not of equal value, the trader must adjust the trading value to be equal in order to complete the trade.

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Payment and Shipping

If there is money involved in a trade, what payment method can I use?

No, all shipping payments are done privately at the traders expense.

Shipping Items

It is up to you and the other Trader to decide what type of shipping method you want to use and how are you going to pay for shipping your item(s). We recommend that you keep a copy of your receipts and email the other user a tracking number after you have shipped your item(s).

How do you pay for advertisements?

All payments for advertisement are done through PayPal. You can either use your credit card (Visa, MasterCard, American Express) or your PayPal account.

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Advertisements

What information is required to place an ad on TopMyTrade?

To place ad(s) on TopMyTrade, you’ll need to fill out some information such as:
Required Fields:
  • Title
  • Description
  • Destination URL
  • Package selection
  • Image file

Who can advertise on TopMyTrade?

Anyone that has a TopMyTrade account can place advertisements on TopMyTrade.

How much does it cost to advertise?

  • 3 months - $50.00
  • 6 months - $70.00
  • 12 months - $99.99

What type of image size and file type are accepted?

Image size of your advertisement that is accepted is 470 x 60 pixels. The types of files we accept are Jpeg, GIF and Bitmap.

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Miscellaneous Questions

What is Feedback and how does it work?

Every time you trade an item you have the option to leave your comments and rating for the user you traded with. We advise that you always leave Feedback after a transaction so that other members may benefit from your experience.

How do I report a violation?

If you believe another user has violated any of the Rules of TopMyTrade, and want to report it, you select report abuse button, type in a detailed description and send. The System Administrator will receive the report and will be reviewed for further investigation.

What is Trading History?

Trade history is our way of keeping track of the trades you have completed. Once you have received your item(s). Once items are received you can move your items to your inventory.

Can I tweet?

TopMyTrade is integrated with Twitter. If you add your username and password for Twitter in your TopMyTrade profile, messages are automatically sent to your Twitter account when items are added to your trading pool.

How can users interact with each other?

All users can interact with each other. You can simply click on the user's profile, or go to the item section and/or u can go to your inbox tab.

Can I create multiple accounts and use these accounts to Trade as different people?

No, you cannot. Using multiple accounts to participate at TopMyTrade is a violation of terms of Use and may result in the suspension of your accounts. Please refer to our Terms of Use for guidance on acceptable behavior.

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Terms of Use

ONLINE CONDUCT

User agrees to use the Topmytrade.com Site only for lawful purposes. Though a trader, barterer or swapper’s right to post their items in their entirety on the site will be respected we ask all our Users to note that a user is prohibited from posting on or transmitting through the Topmytrade. com Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, provincial, state, national, or international law.
If Topmytrade.com is notified of any item, information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material on the Topmytrade.com Site (collectively "Content") provided by User (e.g., through an author blog/chat or online email) that is allegedly infringing, defamatory, damaging, illegal, or offensive, Topmytrade.com may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such Content from the Topmytrade.com Site. Topmytrade.com may disclose any Content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Topmytrade.com Site; or (iii) to protect the rights or property of Topmytrade.com and its officers, directors, employees, agents, third-party content providers, merchants, sponsors, and licensors (collectively, "Topmytrade.com Providers") and any other User. Topmytrade.com reserves the right to prohibit or restrict conduct, communication, or Content that Topmytrade.com deems in its sole discretion to be harmful to Users, Topmytrade.com, Brydal Technologies Inc., Topmytrade.com affiliates, the Topmytrade.com Site, the communities that make up the Topmytrade.com Site, or any third party, or to violate any applicable law. Notwithstanding the foregoing, no Topmytrade.com Provider can ensure prompt removal of questionable content or items after online posting. Accordingly, no Topmytrade.com Provider shall assume liability for any action or inaction with respect to conduct, communication, or Content of any third party on the Topmytrade.com Site.


LICENSES AND RESTRICTIONS

Topmytrade.com grants the User a limited, nonexclusive, revocable license to access and make personal, non-commercial use (unless User has a business relationship with Brydal Technologies Inc or Topmytrade.com) through the Topmytrade.com Site. Topmytrade.com further grants the User a limited, nonexclusive and revocable right to create a hyperlink to the home page of Topmytrade.com so long as the link does not portray Topmytrade.com, its affiliates, or their respective products or services in a false, misleading, derogatory, or otherwise offensive matter. The foregoing licenses do not include any rights to:
  • modify, download (other than page caching), reproduce, copy, or resell the Topmytrade.com Site, the Content or any portion or derivative thereof;
  • commercially use the Topmytrade.com Site, the Content or any portion derivative thereof (unless User has a business relationship with Brydal Technologies Inc.);
  • copy or download any User's account information for the benefit of any third party;
  • enable high volume, automated, electronic processes that apply to the Topmytrade.com Site or its systems;
  • use any robot, spider, data miner, scraper or other automated means to access the Topmytrade.com Site or its systems for any purpose;
  • interfere or attempt to interfere with the proper working of the Topmytrade.com Site;
  • bypass any Topmytrade.com measures used to prevent or restrict access to any portion of the Topmytrade.com Site;
  • frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Brydal Technologies Inc., or its affiliates, including Topmytrade.com;
  • use Topmytrade.com name, trademarks, services marks or logos in any meta tags or any other "hidden text" or
  • compile, repackage, disseminate or otherwise use data extracted from the Topmytrade.com Site.
The foregoing are expressly prohibited; the right to do any of the foregoing shall require Brydal Technologies Inc's express written consent (which may include a written agreement signed by an authorized representative of Topmytrade.com). Any unauthorized use of the Topmytrade.com Site, the Content or any portion or derivative thereof shall terminate any license or permission granted by Topmytrade.com.

TRADEMARKS

Tradingaway.com, Givingawayfree.com, are all trademarks or service marks of Topmytrade.com or its licensor. All rights are reserved. These and other graphics, logos, service marks, trademarks and trade dress of Topmytrade.com and its licensors used on the Topmytrade.com Site may not be used without prior written consent of Topmytrade.com or its licensor, as the case may be. Without limiting the foregoing, no Topmytrade.com trademark or trade dress may be used in connection with any product or service that is not Brydal Technologies Inc., in any manner that is likely to cause confusion among Users, or in any manner that disparages or discredits Brydal Technologies Inc or its affiliates.

CONTENT

Proprietary Rights
User acknowledges that the Topmytrade.com Site contains Content and items that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content and items of an original nature are copyrighted as a collective work under the Canadian and U.S. copyright laws, and Topmytrade.com owns a copyright in the selection, coordination, arrangement, and enhancement of such Content or items. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content or items, in whole or in part excepting the copyright owner of the content or item. If no specific restrictions are displayed, Users may make copies of select portions of the Content or items, provided that the copies are made only for User's personal use and that User maintains any notices contained in the Content or item, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software.
Submission of Third-Party Content or items
Except as set forth in the paragraph headed "Proprietary Rights" above, User may upload to or otherwise submit to Topmytrade.com for distribution on the Topmytrade.com Site only (i) Content or items that are not subject to any copyright or other proprietary rights restrictions; (ii) Content or items in which the owner or licensor has given express authorization for Topmytrade.com to distribute over the Internet; or (iii) Content or items that do not contain any viruses, scripts, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information ("Harmful Content"). Any copyrighted or other proprietary Content or items distributed with the consent of a copyright owner should contain a phrase such as "Copyright, owned by [name of owner]; used by permission." Topmytrade.com is entitled to presume that all submitted Content or items conforms with the foregoing requirements. The unauthorized submission of copyrighted or other proprietary Content or items is illegal and could subject the User to personal liability for damages in a civil suit as well as criminal prosecution. User will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from an unauthorized submission or submission of Harmful Content or items. No Topmytrade.com Provider will assume any liability for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from any User submission including without limitation submission of Harmful Content or items. In accordance with the Digital Millennium Copyright Act, any User or other person can report an infringement to Topmytrade.com at [email protected] By submitting Content or items to any User-submit areas, including, without limitation, any participation in chats or blogs, User automatically grants, or represents and warrants that the owner or authorized licensor of such Content has expressly granted Brydal Technologies Inc, the royalty-free, perpetual, irrevocable, right and license to use, reproduce, publish, translate, sublicense, copy, and distribute the Content in whole or in part worldwide and/or to incorporate such Content in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such Content. Subject to this grant, the licensor of Content submitted to Topmytrade.com retains any and all rights which may exist in such Content.
Third-Party Content
Topmytrade.com is a distributor and not a publisher of Content supplied by third parties and Users. Topmytrade.com has no more editorial control over such Content than does a public library or newsstand in the United States. Any opinions, advice, statements, services, offers, or other information that constitutes part of Content expressed or made available by third parties, including any other User, are those of the respective authors or distributors and not of Topmytrade.com, Brydal Technologies Inc or any Topmytrade.com Provider, unless expressly stated otherwise. Neither Topmytrade.com, Brydal Technologies Inc nor any Topmytrade.com Provider makes any representation, warranty or guarantee on the accuracy, completeness, or usefulness of any third party Content unless otherwise expressly stated. In many instances, the Content available through the Topmytrade.com Site represents the opinions and judgments of the third party that provides such Content. Under no circumstance shall either Topmytrade.com, Brydal Technologies Inc, or any Topmytrade.com Provider be liable for any loss, damage or harm caused by a User's reliance on information obtained through the Topmytrade.com Site. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of the information, opinion, advice, or Content available through the Topmytrade.com Site

EXPORT

The Canadian and U.S. export control laws regulate the export and re-export of technology originating in Canada and the United States. This includes the electronic transmission of information and software, and in some cases shipping of items to foreign countries and to certain foreign nationals. User agrees to abide by these laws and their regulations -- including but not limited to the Export Administration Act and the Arms Export Control Act -- and not to transfer, by electronic transmission or otherwise, any Content or item(s) derived from the Topmytrade.com Site to either a foreign national or a foreign destination in violation of such laws and regulations.

PRICES

The price for any item entered into the Topmytrade.com Site for competition is entirely set by the respective traders on the network and is deemed to be a creditable, valid and accurate, assessment of the inherent worth of the item(s). It is possible that such price may increase or decrease between the time the item is placed onto the site and the date of trade and the date the items are shipped between Users.

RISK OF LOSS

The risk of loss and title for all Content and items traded via the Topmytrade.com Site pass to the Trader and Trade Suitor, Barterer and Swapper upon a trade-up or swap of an item.

PRODUCT DESCRIPTION

The items offered to users and their descriptions that are provided directly by the Trader, Trade Suitor or agent of the item do not represent or warrant Topmytrade.com. At no time does Topmytrade.com warrant that the description of such items are accurate, valid or complete.

AGE OF USERS

Brydal Technologies Inc does not intend the Topmytrade.com Site to be used by individuals under the age of 18 (a "Minor") without the supervision of a parent or guardian 18 years of age or older (a "Guardian"). Topmytrade.com relies upon Guardians to determine if any Content or items available on the Topmytrade.com Site are appropriate for the viewing, access and readability by such Minors. If a User is a Minor, such Minor may use the Topmytrade.com Site only under the knowledge and supervision of Guardian who has provided their credit card information, agreed to the terms of use, and validated the site for a minor.

TERMINATION OF USAGE

Topmytrade.com may issue a warning, temporarily suspend, indefinitely suspend or terminate any User's right to use or access all or any part of the Topmytrade.com Site including any account thereon, without notice, for any reason in Topmytrade.com's sole discretion, including without limitation Topmytrade.com’s belief that such access would violate any applicable law or would be harmful to the interests of, or potentially cause financial loss or legal liability to, Brydal Technologies Inc, Topmytrade.com, any Topmytrade.com Provider or another User. In cases which Topmytrade.com deems in its sole discretion to be egregious, Topmytrade.com may provide written notice (a "Restriction Notice") to a User (a "Restricted User") to inform such Restricted User that (i) his or her right to use or access any part of the Topmytrade.com Site has been terminated including the right to use, access or create any account thereon; (ii) that Topmytrade.com refuses to provide any services to such Restricted User; and (iii) any subsequent dealings with Topmytrade.com will be subject to the following conditions:
  • Future Content or items placed or downloaded into the Topmytrade.com site by a Restricted User ("Restricted Order") after the effective date specified in the Restriction Notice (the "Restriction Effective Date") shall be subject to cancellation.
  • Topmytrade.com will assess the Restricted User an administrative fee (the "Administrative Fee") set forth in the Restriction Notice for each Restricted Order submitted by the Restricted User after the Restriction Effective Date, regardless of whether the Restricted Order was fulfilled or cancelled. The Administrative Fee will equal an amount not less than $5.00 and will reflect the costs of handling any Restricted Order and of handling any personal or telephonic contact made by the Restricted User after the Restriction Effective Date.
  • Topmytrade.com shall be entitled to (1) charge the Administrative Fee against the payment method either used by the Restricted User to place the Restricted Order or stored by the Restricted User in the unauthorized account (e.g., credit card) or (2) seek a judgment against the Restricted User for payment thereof.
Other conditions may apply and shall be set forth in the Restriction Notice. User agrees that Topmytrade.com shall be entitled to assess such Administrative Fee, to charge such payment method and to seek such judgment

INDEMNITY

User agrees to indemnify and hold each Topmytrade.com Provider harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of such User's breach of the Terms of Use or User's violation of any law or the rights of a third party. XII. PASSWORD AND ACCOUNT SECURITY Every User that has an account on the Topmytrade.com Site is responsible for (i) keeping his or her account password confidential and secured, (ii) restricting access to such User's computer; and (iii) keeping the e-mail address associated with that account current (User acknowledges that it is important to keep the e-mail address associated with his or her account current because although the User may be able to log into his or her Topmytrade.com account using an old e-mail address, such User will not receive messages from Topmytrade.com about his or her selection into next stages of the competition and inquiries or other matters). User accepts full responsibility for all activities that occur within such User's Topmytrade.com account.

NOTICES

User consents to receive electronic communications from Topmytrade.com, whether addressed to the e-mail address associated with such User's Topmytrade.com account or posted on the Topmytrade.com Site. User acknowledges and agrees that any communication via e-mail or by postings on this Topmytrade.com Site satisfies any legal requirement that such communications be made in writing.

DISCLAIMERS AND LIMITATION OF LIABILITY

THE TOPMYTRADE.COM SITE IS PROVIDED BY TOPMYTRADE.COM ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, EACH TOPMYTRADE.COM PROVIDER DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, NO TOPMYTRADE.COM PROVIDER MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OF THE TOPMYTRADE.COM SITE, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT THE TOPMYTRADE.COM SITE WILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE TOPMYTRADE.COM SITE; OR (IV) THAT THE TOPMYTRADE.COM SITE, ITS SERVERS, OR E-MAILS SENT FROM OR ON BEHALF OF TOPMYTRADE.COM ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS OR OTHER HARMFUL COMPONENTS. TOPMYTRADE.COM DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE TOPMYTRADE.COM SITE OR ANY RELATED SERVICES. THE OPERATION OF THE TOPMYTRADE.COM SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF BRYDAL TECHNOLOGIES INC. UNDER NO CIRCUMSTANCES SHALL ANY TOPMYTRADE.COM PROVIDER BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE TOPMYTRADE.COM SITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THE TOPMYTRADE.COM SITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO BRYDAL TECHNOLOGIES INC RECORDS, PROGRAMS, OR SERVICES. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE TOPMYTRADE.COM SITE. NO TOPMYTRADE.COM PROVIDER WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THE TOPMYTRADE.COM SITE OR THE PURCHASE OF ANY PRODUCT THEREFROM OR CONTRACT PROVIDED BY A PUBLISHER THEREUPON, EVEN IF SUCH TOPMYTRADE.COM PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN PROVINCIAL OR STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO A USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO SUCH USER, AND SUCH USER MAY HAVE ADDITIONAL RIGHTS.

SEVERABILITY

The provisions of these Terms of Use are intended to be severable. If for any reason any provision of these Terms of Use shall be held invalid or unenforceable in whole or in part in any applicable jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.

APPLICABLE LAW; JURISDICTION

The Topmytrade.com Site is created and controlled by Brydal Technologies Inc, located in the Province of Alberta, Canada. The laws of Alberta and Canada will govern the Terms of Use, without giving effect to any principles of conflicts of laws. Each of Topmytrade.com and User agrees to submit to the nonexclusive personal jurisdiction of the courts located within Alberta and all of Canada and waives any objection to the laying of venue of any litigation in said courts.

DISPUTE RESOLUTION

For any claim or controversy at law or equity that arises out of the Terms of Use, the Topmytrade.com Site or any Topmytrade.com service (each a "Claim") where the total amount of the award sought is less than $10,000 (excluding Claims for injunctive or other equitable relief), User or Topmytrade.com may elect to resolve the dispute through binding arbitration conducted by telephone, on-line or based solely upon written submissions where no in-person appearance is required. In such cases, the arbitration shall be administered by appropriate Canadian parties familiar with Arbitration Rules (including without limitation the Supplementary Procedures for Consumer-Related Disputes, if applicable), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Alternatively, any Claim (including Claims for injunctive or other equitable relief) may be adjudicated by a court of competent jurisdiction located in Canada or in the United States county where the defendant is located (in the case of Topmytrade.com, Edmonton, Alberta, Canada, and in the User's case either in the county of such User's home address or principal place of business, or if such address is not located in Canada or the United States, then in Edmonton, Alberta, Canada). Any Claim shall be arbitrated or litigated, as the case may be, on an individual basis and shall not be consolidated with any Claim of any other party whether through class action proceedings, class arbitration proceedings or otherwise.

ADDITIONAL TERMS AND CONDITIONS

In addition to the policies and guidelines located throughout the Topmytrade.com Site, the following policies are incorporated into the Terms of Use:
  • Copyright Policy: http://www.Topmytrade.com/copyrightnotice also accessible via a link on the bottom of the Topmytrade.com Site pages)
  • Privacy and Security Policies: http://www.Topmytrade.com/policyandsecurity (also accessible via a link on the bottom of the Topmytrade.com Site pages)
  • Legalities concerning barter/trade in Canada: http://www.Topmytrade.com/legalities (also accessible via a link on the bottom of the Topmytrade.com Site pages)

ACKNOWLEDGMENT

The Terms of Use, including all documents referenced herein, represents the entire understanding between User and Topmytrade.com regarding User's relationship with Topmytrade.com and supersedes any prior statements or representations. Headings used in the Terms of Use are for reference only and shall not affect the meaning of any terms. By visiting any area on the Topmytrade.com Site or making a trade, barter or swap via the Topmytrade.com Site, a User is deemed to have accepted the Terms of Use.

MODIFICATION

Topmytrade.com reserves the right to make changes to the Topmytrade.com Site, posted policies and Terms of Use at any time without notice. These terms and conditions were last revised on August 1, 2009.

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