Trades Disclaimer

This Legal Disclaimer for ThoughtBomb Studios, LLC DBA EchoMTG ("EchoMTG") is an extension of the user Terms and Conditions.

By using EchoMTG's trade functionality — including listing inventory as tradable, building a want list, sending trade proposals, accepting trade proposals, marking shipped or received, or otherwise interacting with another user through the trade system — you acknowledge and agree to all of the following terms.

1. EchoMTG's role

Platform only. EchoMTG provides software tools that let two users describe a proposed trade, agree on terms, and record progress. EchoMTG never holds, ships, receives, escrows, insures, or transports cards or other property between users.
No fee, no commission. EchoMTG does not collect, hold, or distribute money in connection with any trade. EchoMTG does not take a commission on any trade.
Tier guidance is advisory. EchoMTG categorizes trades into safety tiers based on declared total value and may recommend additional precautions (tracking, photographic evidence, custodial intermediaries) at higher tiers. Those tier recommendations are advisory. EchoMTG does not enforce them, audit them, or take responsibility when they are ignored.

2. User responsibilities

Identity and address. Before initiating or accepting any trade you must provide a real legal name and at least one shipping address on your EchoMTG profile. Misrepresenting either is a breach of these terms and may result in account suspension.
Due diligence. You are solely responsible for verifying the authenticity, grade, condition, and ownership of any card you offer or accept. Verifying the trustworthiness of your trade counterparty is your responsibility, not EchoMTG's.
Compliance with law. You are responsible for complying with the laws of your country, state, and locality of residence — including but not limited to tax reporting on the value of any cards received, customs and import duties on cross-border shipments, and any age, gambling, or commerce regulation applicable to trading collectibles. EchoMTG does not file, withhold, or report any tax on your behalf and issues no 1099, T4A, or equivalent tax document for any trade.
Shipping and tracking. When you mark a trade shipped you certify that you have actually shipped the cards. When you mark a trade received you certify that you have received and accepted the cards. False marking of either is a breach of these terms and may be reported to relevant authorities.

3. Limitation of liability

No liability. Neither ThoughtBomb Studios, LLC, EchoMTG, nor any of their owners, officers, employees, contractors, affiliates, agents, or licensors shall be liable for any direct, indirect, incidental, special, consequential, exemplary, or punitive damages — including but not limited to loss of cards in transit, theft, non-receipt, mail fraud, postal damage, receipt of counterfeit or misgraded cards, misrepresentation by the counterparty, condition disputes, valuation disputes, or any other claim arising out of or related to a trade conducted on or arranged through EchoMTG's platform.
Maximum liability. To the maximum extent permitted by law, the aggregate liability of EchoMTG to any user arising out of or related to the trade functionality is limited to the amount the user paid EchoMTG in subscription fees in the twelve months preceding the claim, or $100 USD, whichever is less.
No mediation obligation. EchoMTG provides a "flag a violation" mechanism so users can record alleged breaches against another user's profile. Use of that mechanism does not obligate EchoMTG to investigate, mediate, refund, reverse, or otherwise resolve any dispute. EchoMTG may, in its sole discretion, suspend an account it concludes has acted in bad faith — but that decision is internal moderation, not adjudication of a private dispute.

4. Governing law and venue

Each user's state of residence governs. Disputes between two EchoMTG users arising out of a trade conducted on the platform are governed by the laws of the state (or, for non-US users, the country and subdivision) of the user residence on file at the time the trade was created. Where the two parties reside in different jurisdictions, the parties agree to attempt resolution under the law of the receiving party's residence first; if unresolved, the law of the shipping party's residence applies.
EchoMTG's relationship with each user is governed by Delaware law. ThoughtBomb Studios, LLC is organized under the laws of the State of Delaware, USA. Any dispute between a user and EchoMTG itself (as opposed to between two users) is governed by Delaware law and is subject to the exclusive jurisdiction of the state and federal courts located in New Castle County, Delaware.

5. Per-trade acceptance

Each trade requires explicit acceptance of these terms by both parties before it becomes binding. The system records the timestamp and IP address of each acceptance. By checking the "I agree to the Trade Terms" box on a proposal you reaffirm your agreement to this disclaimer for that specific trade.

6. Modification

EchoMTG may revise this disclaimer at any time. Material changes will be flagged in-app for at least seven days before the next per-trade acceptance becomes binding under the new version. Continuing to initiate or accept trades after the notice period constitutes agreement to the revised terms.