Terms & Conditions

BARTER OF AMERICA.COM USER AGREEMENT

Definitions
"User Agreement" means this head agreement and the following attachments:

  • Rules These Rules set out the means by which Users will deal with each other as buyers and sellers, the mechanism for using Barter of America.com trade dollars, and the means by which Users will resolve disputes, if any.
  • Security Statement This Security Statement sets out the security offered by Barter of America.com Inc.
  • Acceptable Use Policy This Acceptable Use Policy or AUP sets out acceptable uses of the Barter of America.com Services and acceptable goods and services, which may be posted or publicized for barter.

"Services" means the clearinghouse and third party record-keeping of barter transactions among Users provided by Barter of America.com.

"User" or "You" means:
(a) in the case of the hard-copy version of the User Agreement, the business entity signing the User Agreement whether a corporate body, a sole proprietorship, a partnership or otherwise; and
(b) in the case of the on-line version of the User Agreement, the business entity accessing this User Agreement and accepting same who then obtains a unique User ID and password to continue to use the Barter of America.com Services.

Changes to User Agreement
Barter of America.com reserves the right to alter and change the terms of the User Agreement. You will be notified of such alteration or change to the User Agreement. You agree that your use of Barter of America.com and of the Services after notification of any changes to the User Agreement constitutes agreement to the terms of the changed User Agreement.

General

Governing Law - This Agreement is governed under the laws of the State of California. The parties agree that any dispute, claim or other litigable difference between them shall be exclusively resolved by submission to binding arbitration pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Arbitration shall be held in San Diego, California. The prevailing party shall be entitled to an award from the arbitrator of declaratory relief, preliminary and permanent injunctive relief, compensatory damages, reasonable attorney fees and costs of the action. The decision of the arbitrator shall be entitled to enforcement in any court of competent jurisdiction.

Assignment - User may not assign any of its rights under this Agreement without the consent of Barter of America.com. Only the User entering in to this User Agreement may utilize the Services provided by Barter of America.com.

Barter of America.com retains the right to accept or reject your application as a prospective User of the Barter of America.com Service.

1. Acceptance of Terms
This is a legal agreement between you, the user; together with any company or other business entity you are representing (collectively, the "User") and Barter of America, Inc. ("Barter of America"), with a principal place of business at 3200 Adams Ave. suite 105 San Diego California 92116. BY CLICKING THE "I ACCEPT" BUTTON, USER AGREES TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND TO LOOK SOLELY TO BARTER OF AMERICA FOR THE PERFORMANCE OF THE SERVICE. This Agreement governs the access and use of services provided by or through the Barter of America Web site (the "Service"). If User does not agree to the terms of this agreement, click on the "I DO NOT ACCEPT" button and do not access or use the Service. All questions concerning this Agreement should be directed to: Member Relations, Barter of America, at 3200 Adams Ave. suite 105 San Diego California 92116.

By accepting the terms and conditions of this Agreement, User represents, warrants and covenants that (a) User is 18 years old or older; (b) User is capable of entering into a legally binding agreement; (c) User is a resident of the U.S. and the business is duly authorized to do business in the U.S.; (d) User is duly authorized to, and does hereby represent and legally bind, any company on behalf of which User is registering with respect to this Agreement and all transactions conducted under this account in connection with the Service; and (e) User will use the Service only for business purposes and not for individual, personal, family or household purposes. Notwithstanding anything to the contrary, Barter of America reserves the right to cancel, suspend or refuse access to the Service to anyone in its sole discretion.

USER AGREES THAT IF BARTER OF AMERICA IS PROVIDED WITH A FALSE OR INCORRECT FEDERAL TAX IDENTIFICATION NUMBER, OTHER TAX INFORMATION OR SIGNATURE OF USER, USER MAY BE LIABLE FOR PERJURY OR OTHER OFFENSE IN ACCORDANCE WITH FEDERAL LAW, FRAUD OR MISREPRESENTATION, AND BARTER OF AMERICA HAS THE RIGHT TO IMMEDIATELY SUSPEND USER'S ACCOUNT.

2. Service: Barter of America Is Only a Venue
The Service acts as a venue to facilitate the listing of goods and services by sellers and the purchasing of such goods and services by buyers. User acknowledges and agrees that User's purchases and sales of goods and services on the Service are transactions with the respective seller and buyer of the goods and services and not with Barter of America. Barter of America is not the buyer or seller in transactions on the Service unless explicitly designated as such. Barter of America shall not be responsible for, and does not control, the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to buy items. Barter of America shall not be responsible for, and does not control, whether or not sellers will complete the sale of items they offer or whether buyers will complete the purchase of items they have agreed to purchase.

Barter of America shall have no responsibility to, and does not, investigate the background of or confirm the identity of users of the Service. User should exercise caution in dealing with other users to avoid fraud and other disputes, including without limitation: (i) using direct communication with other users to evaluate with whom User is dealing, and (ii) using qualified third-party escrow and/or appraisal services where appropriate. A user-initiated feedback system may be available on the Service to help User in the evaluation of other users. User acknowledges, however, that such feedback represents solely the opinion of other users and is not an opinion, representation or warranty by Barter of America.

2.1 No Endorsement of Content, Advertisers or Linked Resources by Barter of America.
Barter of America does not represent or endorse the accuracy, reliability, integrity or legality of any advice, opinion, offer, proposal, statement, listing, data or other information (collectively, "Content") displayed or distributed through the Service. Some Content accessible on the Barter of America site may be believed to be harmful, offensive or inaccurate, and in some cases may be mislabeled or deceptively labeled. Barter of America hereby disclaims any liability for any Content, including, but not limited to, any errors in or omissions of any Content, or for any loss or damage of any kind incurred as a result of the use of or reliance on any Content posted, emailed or otherwise transmitted via the Service. Barter of America shall have no obligation to review Content posted to the Service by users or by Barter of America. Barter of America shall have the right, but not the obligation, in its sole discretion, to correct any errors or omissions in any portion of the Service or to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, modify, refuse to post or remove any Content, in whole or in part, that in Barter of America's sole discretion is objectionable or in violation of this Agreement.

User's correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between the User and such advertiser. User hereby agrees that Barter of America shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

Links and pointers to the other related World Wide Web Internet sites, resources and sponsors of the Service ("Linked Resources") shall not constitute an endorsement by Barter of America of the Linked Resources. Barter of America shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with availability, use of or reliance on any Linked Resources.

2.2 Disputes.
Barter of America is not a party to, and shall not be involved in or responsible for, transactions, agreements and/or disputes between users or between User and any advertiser on the Service ("Dispute"). In the event of a Dispute, User agrees to release, and does hereby release, Barter of America (and its agents, contractors and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

User agrees that it shall not involve Barter of America in any Dispute or litigation arising out of or related to any transaction, agreement or arrangement with any buyer, seller, advertiser or other third party in connection with the Service. If User nonetheless attempts to do so, (i) User shall pay all costs and attorneys' fees of Barter of America and shall provide indemnification as set forth in Section 11 below, and (ii) the jurisdiction for any such Dispute or litigation shall be limited as set forth in Section 14.3 below.

Barter of America shall have the right, but not the obligation, to place Trade Dollars or other items involved in a disputed transaction into a restricted account maintained by Barter of America or, at Barter of America's discretion, an escrow account maintained by a third-party escrow agent which, in either case, may be released on mutual consent of the parties to the transaction, on conditions to which they mutually agree, upon order of a court of competent jurisdiction, or an arbitrator as set forth in Section 14.3 below. Any such restricted or escrow account shall not bear interest.

3. Trade Dollars and Accounts
Barter of America is not a bank. Accounts are not FDIC insured. It is understood that non-cash barter currency issued by Barter of America ("Trade Dollars") and/or other funds may be required in order to buy and sell on the Service. Users and Barter of America acknowledge and agree that Trade Dollars are not bank deposits, legal tender, securities or commodities, and may not be redeemed for cash. In no event shall Barter of America be required to refund, redeem, or pay any amounts to User for any Trade Dollars, or allow conversion or liquidation of Trade Dollars. Notwithstanding the foregoing, Barter of America may, from time to time, offer special promotions to Users whereby Barter of America may, at its sole discretion, provide refunds to Users of Trade Dollars, up to an amount equivalent to the number of Trade Dollars purchased by the User from Barter of America. Except as otherwise expressly approved by Barter of America in advance in writing, Trade Dollars shall not be transferable, and User shall not transfer, assign, pledge or hypothecate any Trade Dollars or interest in its account in any way, directly or indirectly, except as required for the bona fide purchase of goods or services through the Service, or as required for a line of credit issued by Barter of America.com, Inc. or its subsidiaries or affiliates ("Jarish, Inc. "), or another lender expressly authorized by Barter of America, in each case in accordance with this Agreement and all rules and policies established by Barter of America and the lender's agreement with the User. From time to time and at Barter of America's sole discretion, Barter of America may allow User to purchase Trade Dollars from Barter of America using U.S. Dollars or other currency approved by Barter of America.

When User requests to purchase an item, Trade Dollars may be immediately deducted from User's account as required for the transaction. When User sells an item, Trade Dollars may be passed to User's account subject to restrictions during a vesting or escrow period. Without limiting the foregoing, Barter of America reserves the right to restrict use of such Trade Dollars for a period of fourteen (14) days from the time of the sale.

User agrees that: (i) Barter of America does not guarantee that User will be satisfied with selection of, or prices for, products or services available on the Service; (ii) Barter of America will not pay interest on balances in User's account; (iii) Barter of America does not guarantee that there will be adequate currency reserves to cover all outstanding claims in the Service; (iv) Barter of America reserves the right to recall all loans and obligations, if any, at any time; and (v) Barter of America does not take responsibility for, and shall not be liable for, any act or omission of Barter of America which does not constitute gross negligence or willful misconduct on the part of Barter of America and, in no event, shall be responsible or liable for any act or omission of any third party or any losses, costs, damages or liabilities arising from any of the foregoing.

Barter of America shall have the right, but not the obligation, in its sole discretion to: (i) restrict use of Trade Dollars User receives for a transaction for a period of time after the completion of the transaction and thereafter pending resolution of any dispute regarding the transaction; (ii) require escrow, vesting or other procedures before User can use Trade Dollars stored in User's account; (iii) offset or apply Trade Dollars or other funds in User's account against any payment, line of credit or other obligation that User may have arising out of or relating to the Service, including an obligation to Barter of America, to other users or to advertisers, partners, suppliers and service providers of Barter of America (collectively, "Service Providers"); (iv) offset amounts due to Barter of America or Service Providers against amounts or liabilities owed to User, whether in cash or Trade Dollars; and (v) cancel, freeze and/or otherwise restrict User's account or the use of Trade Dollars in User's account for breach of this Agreement, an investigation of User's account by a government or other authority or default by User upon any obligation to Barter of America or a Service Provider, including without limitation American Express.

Barter of America may, at its discretion, by mail, email, postings within User's account or other reasonable means, provide User a statement detailing User's transactions and account balance. Thirty (30) days after the date of such statement, the statement shall be deemed accepted by User unless User has notified Barter of America by mail in writing to the address identified in Section 14.1 that User disputes the accuracy of the statement.
Unless otherwise expressly stated by Barter of America, all fees and payments to Barter of America and Service Providers shall be made in U.S. Dollars. Notwithstanding the foregoing, Barter of America shall have the right, but not the obligation, to accept Trade Dollars in satisfaction of fees, in whole or in part, and to deduct corresponding amounts from User's account.

4. User Responsibilities

4.1 Fees and Payment.
Barter of America reserves the right to establish and charge fees for listings, commissions, subscriptions and other products and services (including new or modified products and services) and to change its fees at any time for any reason. Such fees will be posted on the Service and/or presented at the time that products or services are ordered or provided. Unless otherwise indicated in writing by Barter of America, fees shall be due and payable in advance at the time the respective product or service is ordered or requested. If User makes any purchase by check, including but not limited to purchase of Trade Dollars from Barter of America, and the check is returned by the bank due to insufficient funds, Barter of America may charge User a service charge of twenty-five dollars ($25) or the maximum amount permitted by law in addition to any other remedies allowed by law. User hereby authorizes Barter of America to charge the service charge as well as the face amount of the check to User's credit card. Any fees or payments that are not paid when due shall bear interest to the extent permitted by applicable law at the Wall Street Journal Prime Rate as published in the Money Rates Section of the Western Edition of the Wall Street Journal on the date such payment is due, plus an additional three percent (3%), calculated on the number of days such payment is delinquent. In the event that more than one such Prime Rate is published on such date such payment is due, the highest such Prime Rate shall be used. User shall also be liable for all attorney and collection fees arising from or related to efforts to collect any unpaid balances on User's account. This Section 4.1 shall in no way limit any other remedies available to Barter of America.

4.2 Refunds.
Unless otherwise expressly stated by Barter of America, all payments to Barter of America shall be non-refundable. Failure of a buyer or seller to complete or fulfill a transaction with User, dissatisfaction with a transaction, fraud and other disputes regarding transactions shall not entitle User to a refund of any fees paid to Barter of America. Where deemed appropriate by Barter of America, Barter of America may, but shall not be obligated to, extend the duration of listings, refund pro-rated fees for partial services and/or provide credits to be applied against selected future Barter of America fees in lieu of providing a refund. In such event, the foregoing shall be User's sole and exclusive remedy and Barter of America's sole and exclusive liability for failure to provide the respective service. In the event that Barter of America does offer a refund or partial refund, Barter of America shall have the right to deduct credit card and other transaction and processing fees and other costs and expenses incurred by Barter of America from the amount of such refund or partial refund.

4.3 Special Offers and Promotions.
From time to time Barter of America may, in its sole discretion, make special offers and promotions, such as reduced fees, discounts, incentives or other benefits ("Promotions") without creating any obligation on the part of Barter of America other than as explicitly set forth in such Promotions, including without limitation any obligation to continue to offer such Promotions on an ongoing basis.

4.4 Compliance with Laws.
User, and not Barter of America, shall be responsible for compliance with all laws, regulations and ordinances connected with the User's listing, buying and selling on, and other use of, the Service. User shall not use the Service to list, sell or buy items that are illegal. User must provide all required and appropriate warnings, information and disclosure, comply with all applicable laws and regulations, and take all other required and appropriate actions (collectively, "Information and Actions") in connection with the User's listing, buying or selling of goods or services on the Service. If the Service does not provide adequate facility or features for User to provide such Information and Actions, then the User shall not use the Service to list, buy or sell the respective items.

User represents and warrants that User is a resident of the United States of America (U.S.) and that the business is duly authorized to do business in the U.S, that User has not been identified as a person or entity with which U.S. citizens may not conduct business, that User will not buy or sell goods or services that may not be lawfully offered for sale or purchased in the U.S., and that User will not export from the U.S. any good, service or technology in violation of U.S. law.
Note that various U.S. legal requirements and limitations may apply to transactions involving foreign nationals or foreign legal entities, including those physically located within the United States, underage persons and persons acting under false pretenses, and compliance with such requirements and limitations is the sole responsibility of the User.

User agrees not to intentionally or unintentionally violate any applicable regulations promulgated by the U.S. Department of State, the U.S. Customs Service, the Bureau of Export Administration, the Office of Foreign Assets Control, the Federal Trade Commission, the U.S. Treasury Department and Internal Revenue Service, U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including without limitation the New York Stock Exchange, the American Stock Exchange or the NASDAQ, any other laws and regulations governing U.S. trade in goods and services with foreign nations and nationals and any other regulations having the force of law.

User hereby recognizes that Barter of America is not an importer or exporter of any items sold internationally through the Service. User is responsible for ensuring that all applicable customs, export control, sanctions, anti-boycott, and other international trade laws and regulations of the United States and other relevant countries are strictly adhered to and fully met.

4.5 Rules of the Trade Exchange.
Seller hereby accepts and agrees to adhere to all Barter of America transaction rules posted on the Service.
If User requests to order an item or makes an offer on an item, User agrees to buy the item according to the terms of the order or offer, as applicable, subject to availability and acceptance by the seller. The terms included in the listing for an item apply to all requested orders and offers, except to the extent otherwise expressly agreed in an offer that is accepted by the seller. Without limiting the foregoing, user makes a firm commitment to purchase under each of the following circumstances: (i) User has clicked the Buy Now button for the item and the order is accepted; (ii) User has made an offer for the item and the seller of the item accepts the offer; (iii) User has made an offer for the item that meets the seller's indicated minimum threshold price; or (iv) the seller has indicated that it will accept the highest offer meeting a minimum threshold price at the close of a listing, and the User's offer meets the seller's criteria. User's orders and offers may only be rescinded as approved by Barter of America in its sole discretion. Barter of America makes no assurance that listed items will remain available at the time that User requests to place an order or make an offer or that such items will remain available under the terms listed. Barter of America reserves the right to refuse orders or offers at any time in its sole discretion. Without limiting the foregoing, Barter of America may, but is not obligated to, do so if User does not have sufficient Trade Dollars in its account or fails to meet other criteria established for the listing.

If User lists an item for sale, User agrees to accept offers and sell the item according to the terms of the listing and any specified acceptance criteria. Without limiting the foregoing, User makes a firm commitment to sell and authorized Barter of America to automatically indicate acceptance under each of the following circumstances: (i) a purchaser has clicked the Buy Now button for the item; (ii) a purchaser has made an offer for the item and User has accepted the offer; (iii) User has indicated a minimum threshold price for offers and a purchaser has made an offer for the item meeting the minimum threshold price; or (iv) User has indicated that User would accept the highest offer for the item meeting a minimum threshold price at the close of a listing, and a purchaser has made an offer meeting such criteria. User's obligation to accept offers may only be rescinded as approved by Barter of America in its sole discretion.
Notwithstanding anything in this Agreement to the contrary, Barter of America does not permit auctions through the Service at this time.

For all items listed by the User, User represents, warrants and covenants to Barter of America that: (i) all information User is prompted to provide about an item User lists ("Item Information") shall be accurate and complete and shall accurately represent the condition of the item at the expected and actual sale date including any and all applicable restrictions and all disclosures required by law; (ii) User shall promptly update Item Information should it become inaccurate, incomplete or misleading; (iii) no item provided for sale on the Service shall be fraudulent or counterfeit; (iv) User has the right to provide the items for sale on the Service and to sell the items through the Service; (v) the listing or payment of any fee to Barter of America for any item User provides shall not cause Barter of America to violate any applicable law, statute, ordinance or regulation; (vi) User shall not provide as an item any human beings or body parts (relics, skulls, human remains or other parts), live animals, soiled clothing, bulk email lists, pornography, weapons, ammunition or other items that may be detrimental or disparaging to Barter of America or that are listed or posted on the Service as prohibited by Barter of America; and (v) no gambling equipment, gambling services or contests involving consideration for a chance to win a prize will be posted on the Service. Barter of America reserves the right, at its sole discretion, to prohibit listing, sales and purchase of any items or categories of items and may remove items from listing at any time without notice.

From time to time, Barter of America and/or its affiliates may purchase selected inventory from users on the Service using Trade Dollars. Barter of America may sell, use or dispose of inventory purchased in this manner in its sole discretion.

4.5a Rules
These Rules Below are set out the means by which Users will deal with each other as buyers and sellers, the mechanism for using Barter of America.com trade dollars, and the means by which Users will resolve disputes, if any.

Rules
 

These Rules, Regulations, Policies and Procedures of Barter of America.com Inc. (the "Rules") were established to explain and define the rights and responsibilities of Barter of America.com Inc. ("Barter of America.com") and its Users. The purpose of the Rules are to enable and facilitate fair trading among and between Barter of America.com Inc. and its Users by fostering a system of good business practices and promoting an understanding of the way in which Barter of America.com provides you with Services and the way in which You must conduct barter transactions and other business with other Users.

These Rules are an integral part of the User Agreement (along with other attachments), and together with the User Agreement, constitute the entire understanding between Barter of America.com and the User.

1.1 The User represents and warrants that:

(a) User has the power, authority and capacity to enter into the User Agreement and to bind such User to the terms, conditions and obligations set forth therein and herein;

(b) User has read, completed, executed and delivered a User Agreement;

(c) The information provided by the User on the User Agreement is true, accurate and correct and properly describes the User and its business;

(d) User has carefully read, understands and accepts these Rules and the terms, conditions and obligations set forth in the User Agreement; and

1.2 User agrees to indemnify and to hold harmless Barter of America.com, Inc., from any and all claims, damages and expenses, including reasonable attorney fees, arising out of actions or conduct in violation of the User Agreement, which incorporates these Rules by reference.

1.3 United States based Users must provide a Federal Employer's Identification Number (FEIN), if any. In the case of a sole proprietorship or a partnership, for U.S. tax purposes, Users must provide a Social Security Number (SSN).

1.4 Every transaction involving Barter of America.com trade dollars with Users and/or affiliated exchanges is subject to cash fees. All cash fees earned by Barter of America.com are for services rendered and transaction processing fees.

1.5 Barter of America.com reserves the right to charge cash fees on all purchases and sales including, but not limited to, those purchases and sales that include a cash/Barter of America.com trade dollar component.

1.6 User is solely responsible for all charges made to the Users account. For all Users conducting transactions online, You are responsible for the security of your User ID and your unique password. All transactions are captured, logged and verified by Barter of America.com in accordance with the Barter of America.com Security Statement. However, no security system can protect You if You divulge your password.

1.7 Users acknowledges reading and agreeing to abide the terms, conditions and provisions in the Barter of America.com Acceptable Use Policy related to the Barter of America.com Web site. You must describe the goods and service You wish to trade or barter using the AUP as a guideline. Barter of America.com reserves the right to delete any postings, description or other content posted by You if such content violates the terms of this AUP. Barter of America.com will fully cooperate with any regulatory authorities investigating such violations of an AUP, if applicable and in the manner more particularly described in the AUP.

2. Rules for trading

2.1 All transactions conducted on the Barter of America.com system are entered into on a voluntary basis between Users and are between the buyer and the seller only.

2.2 Users will sell, trade and barter goods, services, materials and labor for 100% trade at their normal prevailing prices for Barter of America.com trade dollars to other Users in good standing. However, taxes and gratuities will be paid in cash directly by a buyer to the seller.

2.3 Individual transactions may be negotiated by the parties for a partial cash payment with prior approval from Barter of America.com.

2.4 Users acting as buyers should access the Barter of America.com Web site or contact Barter of America.com to verify the status of their present account prior to each purchase.

2.5 Buyers must have a valid account to make a purchase.

2.6 Purchases by Users acting as buyers must be limited to the amount of Barter of America.com trade dollars in the buyer's account or available credit limit. Users may apply for a loan by submitting an application to Barter of America.com for approval. Users may be required to compensate Barter of America.com in cash on demand for any deficit amount in their trade dollar account resulting from purchases made without sufficient trade dollar balances or without prior loan arrangements.

2.7 Users are solely responsible for ensuring that goods and services have been exchanged and that the transaction is conducted to the satisfaction of buyers and sellers. Any disputes are subject to the dispute resolution procedures set out in section 4 of these Rules.

2.8 You agree to sell products and/ or services to other member businesses for Barter of America.com trade dollars at the prevailing price and with the same priority given cash customers.

2.9 Direct trading between Users to avoid cash service fees is prohibited and is reason for termination from Barter of America.com.

3. Validation of trades and Barter of America.com trade dollars

3.1 To receive credit and Barter of America.com trade dollars for transactions, a User who is a seller must: (i) obtain electronic verification and approval from Barter of America.com through the Barter of America.com Internet system; or (ii) obtain the Buyer's written authorization on a Barter of America.com.

3.2 Barter of America.com reserves the right to decline to process the transaction if the Seller fails to obtain such verification or written authorization.

3.3 Anytime a User's Barter of America.com trade account is in a deficit position, Barter of America.com has the right to demand immediate payment in cash for the total trade deficit due and owing and may take any action to secure such payments if deemed necessary. Barter of America.com reserves the right to adjust cash balances with User's trade accounts and the User agrees and acknowledges that Barter of America.com may have access to pre-authorized credit card accounts which Barter of America.com may access for any deficit due and owing.

3.4 Although the Barter of America.com server logs and stores information concerning all transactions (subject to the Barter of America.com Security Statement and Privacy Statement) it is strongly recommended that Users keep records of all transactions conducted through the Barter of America.com system. In the event of an inconsistency between a User's records and the records maintained on the Barter of America.com server, the User understands and acknowledges that the records maintained on the Barter of America.com server will prevail to the extent necessary to resolve any inconsistency.

4. Dispute resolution procedures & limitation of liability

4.1 Barter of America.com is a trading/exchange company that acts solely as a clearinghouse and third party record-keeper of barter transactions among its Users. BARTER OF AMERICA.COM'S SOLE FUNCTION IS IN A BROKERAGE CAPACITY. USER DOES HEREBY INDEMNIFY AND HOLD BARTER OF AMERICA.COM HARMLESS WITH RESPECT TO ANY CLAIM, DEBT OR LIABILITY WHATSOEVER, ARISING OUT OF ANY TRADE EXCHANGE TRANSACTION WHEREIN USER IS A BUYER OR A SELLER.

4.2 Although Barter of America.com may give referrals as a Service to its Users, Barter of America.com assumes no responsibility for the quality, timely delivery, warranty or dispute of any nature between Users with regard to any product or service being traded. Disputes of any nature whatsoever will be settled by the buyer and the seller only by any method including by way of dispute resolution by a body of competent jurisdiction by way of interpleaded of the bartered good or service or otherwise.

4.3 USERS SHOULD EXERCISE THE SAME DILIGENCE ENTERING INTO TRADE TRANSACTIONS AS THEY DO WITH CASH TRANSACTIONS. BARTER OF AMERICA.COM DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, REPRESENTATIONS AND CONDITIONS OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN NO EVENT SHALL BARTER OF AMERICA.COM BE LIABLE TO YOU OR TO ANY OTHER PARTY FOR INDIRECT DAMAGES OR LOSSES (in contract or tort) IN CONNECTION WITH THE BARTERING FORUM LOCATED AT BARTER OF AMERICA.COM INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOST DATA, LOST SAVINGS, OR INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES, EVEN IF CAUSED BY BARTER OF AMERICA.COM NEGLIGENCE AND EVEN IF BARTER OF AMERICA.COM HAS KNOWLEDGE OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE.

4.4 PROVISION OF THE SERVICES DOES NOT IMPLY ENDORSEMENT OF THE GOODS OR SERVICES BARTERED BY USERS. BARTER OF AMERICA.COM HAS NO CONTROL OR MEANS OF CONTROLLING ANY CONTENT OF GOODS OR SERVICES (INCLUDING MESSAGES, STATEMENTS, INFORMATION OR PICTURES DESCRIBING SUCH GOODS OR SERVICE) POSTED BY USER AND THEREFORE EXPRESSLY DISCLAIMS ANY LIABILITY IN CONNECTION WITH SUCH CONTENT WHETHER TO USER, OR TO ANY OTHER THIRD PARTY.

If you are dissatisfied with the Services provided by means of Barter of America.com, the materials available on or through Barter of America.com, or with any of Barter of America.com User Agreement, your sole and exclusive remedy is to discontinue using Barter of America.com and to spend out your Barter of America.com trading dollars in accordance with the provisions of section 5.5 of these Rules.

5. Termination of User privileges

5.1 Any User whose cash fees are more than 60 days past due will be considered "not in good standing" and will not be entitled access to the Barter of America.com Web site for trading purposes.

5.2 If Users are 90 days past due, User grants to Barter of America.com, at that time, a security interest in all of the trade dollars in your account, and Barter of America.com may close User's account, terminate Users relationship with Barter of America.com and apply all of the trade dollars in User's account to any outstanding cash balance due. Barter of America.com may, at its option, use the User's credit card to pay any outstanding balance owed in trade dollars.

5.3 Barter of America.com reserves the right to freeze and/or cancel a User's account if:

  • Barter of America.com has received more than 3 complaints in relation to a given User for poor performance, charging in excess of User's normal business prices or violating these Rules or the User Agreement;
  • User is charging cash and/or not abiding by the User Agreement;
  • User commits fraud;
  • User is 60 days past due with their outstanding cash fees;
  • Barter of America.com determines that there is reasonable cause for such termination; or
  • User breaches any term of the User Agreement

5.4 Users may request that their accounts be placed on standby/inactive status provided that:

  • User's account must not be in a deficit position;
  • User must give Barter of America.com 30 days written notice; and
  • User's account must not be frozen or otherwise suspended.

5.5 Barter of America.com or User may cancel this Agreement after 30 days written notice to the other party. Upon cancellation in accordance with this section 5.5, all trade dollars due User must be spent, within 90 days, on products and services available through Barter of America.com and the User may stay active for the 90 day period and spend the balance until purchases equal sales by paying Barter of America.com in advance the cash commission and service fees on the positive balance. Any outstanding balance due Barter of America.com must be paid in full within 30 days in cash. Barter of America.com may require advance payment of fees. Upon termination User must immediately surrender its Barter of America.com identification card and/or Debit Card, if applicable, to Barter of America.com. All obligations under these Rules and the Barter of America.com User Agreement will survive termination of the User's subscription.

5.6 In the event this User Agreement is canceled, there will be no refund of any fees.

6. Special Rules for Real Estate Transactions
Due to the wide variety of laws governing the sale of real estate, in addition to the rules set forth in this agreement, any User that conducts or participates in a transaction involving the sale or lease of real estate agrees to the following rules:

6.1 Any transaction on the Barter of America.com Web site that involves the sale or lease of real property shall not be legally binding offers to buy and sell such property. No User is obligated to complete any real estate transaction until all requisite documents have been executed and filed and the transaction has been completed in accordance with the laws of the jurisdiction in which such property is located. All Users participating in real estate transactions are strongly advised to seek the help of a licensed real estate professional and/or real estate attorney to help such User in the negotiation and sale of any real estate.

6.2 All real estate transactions must be processed and completed by one or more licensed real estate professional. Barter of America.com will not be involved in the sale or processing of any real estate transaction. Barter of America.com will immediately refer inquiries regarding the buying or selling of real estate to the User offering such property on the Barter of America.com Web site. When Users have come to terms regarding such property on the Barter of America.com Web site, the User offering such property shall contact the User desiring to purchase the property and discuss entering into a contract for the real estate property.

6.3 Barter of America.com will not solicit real estate for sale, quote the price of real estate that is for sale or negotiate the terms of any real estate transaction. Under no circumstances shall Barter of America.com, market the actual properties for sale as a real estate agent.

6.4 All fees received by Barter of America.com in connection with real estate transactions effected by Users are fees charged on the Use of the Barter of America DollarsTM in such transactions.

6.5 Barter of America.com shall not collect, solicit or accept any form of compensation from any real estate broker or agent, including without limitation any portion of such broker's or agent's real estate commission, related to the sale of real estate on the Barter of America.com Web site. Specifically, all real estate commissions earned by real estate brokers listing items on the Barter of America.com Web site belong to such listing brokers.

6.6 All offers to sell property on barter are being solicited by the seller thereof.

6.7 Any User offering real estate on the Barter of America.com Web site shall have a valid real estate license in the jurisdiction in which such offered property is located or be the legal owner of that property.

6.8 All real estate advertising on the Barter of America.com Web site is subject to:
(a) The Federal Fair Housing Act, which makes it illegal to advertise "any preference, limitation, or discrimination because of race, color, religion, sex, handicap, familial status, or national origin, or intention to make any such preference, limitation or discrimination"
(b) The User Agreement. State or local jurisdictions may impose additional requirements.

6.9 If any of the rules set forth in the section 6 conflict with the User Agreement or any of the attachments thereto, these rules apply.

7. General

7.1 A sole-proprietorship, partnership, corporation or other business entity may become a User subject to acceptance by Barter of America.com. The person who signs the application must be authorized to enter into binding contracts on behalf of such User.

7.2 Trade dollars are not considered legal tender, securities or commodities by Barter of America.com or its Users and may not be redeemed for cash.

7.3 Trade dollars may be treated as taxable income for federal, state, provincial and/or local tax purposes. Users should seek independent professional tax advice. The declaration and reporting of all applicable federal, state, provincial, local and municipal taxes, including but not limited to appropriate sales and excise taxes and GST, resulting from any trade transaction, rests solely with the User.

7.4 For Canadian businesses, Revenue Canada takes the view that barter transactions are within the purview of the Income Tax Act and any transaction can therefore result in income or expense, and as a result should be considered on the same basis if this transaction involved cash currency. Barter sales and expenses should be reported to Revenue Canada as per IT-490 Section 3

7.5 The User hereby recognizes and grants to Barter of America.com the right and power to borrow from the exchange and spend with the exchange system.

4.6 No Circumvention.
User agrees not to conclude a transaction with another party outside the Service, if the respective goods or services have been listed on the Service or the User has identified and/or engaged in negotiations with that party with regard to the respective transaction via the Service. A seller and buyer who conclude a transaction outside of the Service shall each be liable to Barter of America for all transaction fees and commissions avoided and shall be subject to additional sanctions, including termination of User's account and access to the Service.

User shall not engage in any of the following, or any other, practices for the purpose of avoiding or reducing commissions or other fees: (i) listing low bid or purchase prices, but unreasonably high shipping or other costs; (ii) listing a single or number of items of inventory, but offering additional identical items for sale in the item description for sale outside the Service; and (iii) listing catalogs from which buyers may order further items outside the Service.

4.7 User Account, Password and Information.
User shall be responsible for maintaining the confidentiality of its User account and password and shall be responsible for any and all transactions by users given access to such account or password and any and all consequences of use or misuse of such account and password. User agrees that all employees, agents, representatives and others having access to the account and/or password shall (i) agree in advance to be bound by the terms and conditions of this Agreement, and (ii) be vested by User with the authority to use the Service and legally bind User, including without limitation with respect to payments and transactions. User shall be responsible for all actions by such employees, agents, representatives and others, including but not limited to former employees, agents and representatives, and shall indemnify Barter of America for such actions as set forth in Section 11. Barter of America reserves the right to impose additional conditions and restrictions upon multi-user accounts, including without limitation: (i) requiring that each individual having access to an account separately register and obtain a sub-account and password, and (ii) requiring an administrator to be appointed for the account. User agrees to notify Barter of America immediately of any unauthorized use of any password or account or any other breach of security regarding the Service of which User has knowledge.

User agrees to provide current, complete and accurate information ("Registration Information") during the process of registration with, and use of, the Service and to update such information to keep it current, complete and accurate. Barter of America shall have the right to use the Registration Information for such uses as reasonably required or advisable for the Service and as set forth in Barter of America's Privacy Policy. User agrees that Barter of America shall have the right to remove from the Service or take any other action with respect to the Registration Information deemed appropriate in Barter of America's sole discretion, including but not limited to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property or personal safety of Barter of America, its users and the public.

If the User is subject to The European Union Data Protection Directive, or national laws implementing the Directive, User hereby freely consents to the transfer of information outside of the European Union to the United States and other countries and use of such information by Barter of America as contemplated herein, including without limitation as set forth in Barter of America's Privacy Policy.

4.8 No Interference with the Service.
The User represents, warrants and covenants that User shall not upload, post or transmit to, distribute or otherwise publish through the Service any materials (i) which restrict or inhibit any other users from using and enjoying the Service; (ii) which are unlawful, threatening, abusive, harmful, libelous, defamatory, harassing, tortuous, hateful, racially, ethnically or otherwise objectionable, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent; (iii) which constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law; (iv) which violate, plagiarize or infringe the rights of third parties including without limitation copyright, trademark, patent, rights of privacy or publicity or any other proprietary right; (v) which contain a virus or other harmful component, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (vi) for which User does not have all necessary rights and licenses to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information); and (vii) which are unauthorized advertising, promotional materials, "junk mail," "Spam," "chain letters," "pyramid schemes" or any other form of unauthorized solicitation or (viii) which constitute or contain false or misleading indications of origin or statements of fact.

User represents, warrants and covenants that it shall not (i) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; (ii) gain unauthorized access to other computer systems through the Service; (iii) disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users' ability to engage in normal transactions; (iv) harass other users; (v) collect or store personal data about other users other than as is strictly necessary to use the Service; or (vi) impersonate or otherwise misrepresent any person or entity, including, but not limited to, a Barter of America official, falsely state or otherwise misrepresent User's affiliation with a person or entity or conceal the true identity of the parties in interest for purposes of evading or circumventing any applicable law, regulation or ordinance or for any other reason.

User shall hold confidential and shall not disclose, transmit, use or otherwise exploit personal or company names, addresses, telephone numbers, email addresses, listings, fees and pricing information or any other information regarding, or provided by other users in connection with, the Service except as strictly necessary to conduct and fulfill bona fide purchase or sale transactions through the Service solely on User's own behalf in accordance with this Agreement. Without limiting the foregoing, in no event shall User collect, store, extract, sell, transfer or disclose any listing or compilation of customers or users from the Service.

5. Modification of Agreement
Barter of America shall have the right, at its sole discretion, to change, modify, add or remove any portion of this Agreement, including fees and transaction rules, in whole or in part, at any time by posting notification on the Service. The changes will become effective, and shall be deemed accepted by User, after initial posting by Barter of America and shall apply on a going-forward basis with respect to transactions, listings and other activities commenced thereafter. In the event that User does not agree with any such modifications, User shall terminate its account as set forth in Section 8 below, which shall be User's sole and exclusive remedy.

6. Provision of the Service
Barter of America shall have the right to change, suspend or discontinue any aspect of the Service at any time, including hours of operation and availability of any Service feature, database or content without notice and without liability. Barter of America shall have the right to impose limits on certain features and services or restrict access to parts or all of the Service without notice and without liability.

Barter of America shall have the right to establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that listings, email messages, message board postings or other uploaded content will be retained by the Service, the maximum number or size of listings User may post on the Service, and the maximum number of times (and the maximum duration for which) User may access the Service in a given period of time.
Barter of America does not warrant that the functions contained in the Service or any materials or content contained therein will be uninterrupted or error free, that defects will be corrected or that the Service is free of viruses or other harmful components.

Barter of America shall not be responsible for any service interruptions, including, but not limited to, power outages, system failures or other interruptions that may affect the receipt, processing, acceptance or completion of listings and/or transactions on the Service.

7. Special Products and Services
To promote the benefits of barter, Barter of America may, from time to time, introduce new products and services. The User Agreement and the Terms and Conditions specifically applicable to the respective special products or services shall govern use of these special products and services.

The Barter of America Phone Transaction System is a special product that allows certain Barter of America members who are in good standing ("Cardholders") to use their Trade Dollars to purchase products and services via the Barter of America Phone Transaction System or Debit card Transaction System at select participating Barter of America Merchant's establishments ("Merchant"). Merchant will be able to transfer Trade Dollars from the Cardholder's account to the Merchant's account via the Barter of America Phone Transaction System or Debit card Transaction System. Not all inventory in Merchant's establishment may be available for barter. Until the issuance of the Barter of America Membership Card, both Cardholder and Merchant may use the temporary Barter of America Membership cards printable from their respective Barter of America accounts. Until the issuance of official Barter of America receipt stock, Merchants may use their normal receipt stock to record the transaction information required. Barter of America reserves the right to terminate the Barter of America Phone Transaction System program or Debit card Transaction System at any time and reserves the right to revoke or deny access to the Barter of America Phone Transaction System or Debit card Transaction System program at its sole discretion. Termination of the Barter of America Phone Transaction System or Debit card Transaction System will not affect the rights or obligations of Users who enrolled in the program prior to its termination. Barter of America Phone Transaction System and Debit card Transaction System participants are subject to the Barter of America User Agreement and also subject to the attached Barter of America Phone Transaction System or Debit card Transaction System Terms and Conditions ("Terms and Conditions"). All Users of the Barter of America Phone Transaction System or Debit card Transaction System MUST read and agree to the attached Terms and Conditions.

8. Termination of Service
User may close User's account on the Service by Faxing a signed statement to 619-516-4900. Barter of America may, in its sole discretion, without liability to User or any third party, terminate User's account for any reason, including without limitation inactivity or violation of this Agreement or other rules and policies established by Barter of America. Upon termination of User's account, User shall remain liable for all charges, fees, commitments and obligations incurred or accrued by User. Upon termination, Barter of America shall have the right to delete any Content, listings or other information regarding User's account, prohibit User's access to the account, including without limitation by deactivating User's password, and refuse User future access to the Service.

In no event shall Barter of America be required to refund, redeem, or pay amounts to User for any Trade Dollars or allow conversion or liquidation of Trade Dollars in User's account upon termination. Subject to the following, upon termination of User's account other than for fraud or violation of law or regulation, User will have a reasonable period of up to ninety (90) days to spend on the Service any unused Trade Dollars in User's account less any offsets as described above or other amounts required to fully secure and guarantee any debts, obligations, damages or liabilities of User to Barter of America or to other users, advertisers, partners, suppliers and service providers of Barter of America. Barter of America shall have the right to require adequate assurances of compliance with this Agreement, Barter of America policies, all laws and regulations, satisfaction of User's obligations and duties and other reasonable requirements from User before allowing User to spend such unused Trade Dollars. Such assurances may include, but shall not be limited to, User posting a bond or a requirement that User appoint a reputable third party acceptable to Barter of America to assume responsibility for User's account in accordance with this Agreement and spend such unused Trade Dollars on the Service on behalf of User rather than allowing User to access its account directly. In such event, the foregoing shall be User's sole and exclusive remedy, and Barter of America's sole and exclusive liability, with respect to termination and any Trade Dollars remaining in User's account.9. Proprietary Rights
User acknowledges and hereby agrees that the Service and any software used in connection with the Service ("Software") contains proprietary and confidential information that is protected by applicable intellectual property and other laws. User further acknowledges and agrees that Content contained in sponsor advertisements or applicable copyrights, trademarks, service marks, patents or other proprietary rights and laws protect information presented to User through the Service or advertisers. Except as expressly authorized by Barter of America advertisers or other providers of Content, User agrees not to modify, rent, lease, loan, sell, copy, reproduce, distribute or create derivative works based on the Service, Software or Content, in whole or in part. User shall not cause the Service to be displayed as a part of or within another Internet site or Web page, resell or redistribute any portion of the Service or provide access to its account to any third party for financial gain.

User grants and agrees to grant Barter of America the non-exclusive, worldwide, royalty-free right and license to display, transmit and otherwise use User's trademarks, service marks, logos, trade names and any Content provided by User for the listing of items on the Service and any other uses reasonably necessary or advisable for the Service and as set forth in Barter of America's Privacy Policy.

9.1 Copyright Agent.
If User believes that User's copyrighted work has been infringed on the Service, User agrees to promptly provide to Barter of America's Copyright Agent written notice that includes: (i) a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright; (ii) an identification of the copyrighted work claimed to be infringed; (iii) an identification of the material claimed to be infringing; (iv) the location of the material claimed to be infringing on the Service; (v) the address, telephone number and email address at which the party submitting the notice can be contacted regarding the claimed infringement; (vi) a statement that the party submitting the notice has good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (vii) a statement that the information in the notice is accurate, and under penalty of perjury, that the party submitting the notice is authorized to act on behalf of the copyright owner.

Barter of America's Copyright Agent for the purpose of receiving the above notice of copyright infringement is Gary L. Eastman and can be reached at:

The Law Firm of Gary L. Eastman, Esq., APLC
707 Broadway Street, Suite 1800 ..... San Diego, CA 92101

email: garyeastman@sbcglobal.net


9.2 Trademarks.
Barter of America.com, Inc. TheBarterStore.Net, and their respective graphics, logos and service names are trademarks of Barter of America.com, Inc. in the United States and other countries. Barter of America's trademarks may not be used in connection with any product or service that is not Barter of America's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Barter of America. and its respective graphics, logos, and service names are trademarks of BoA.

10. Taxes
Barter of America is not responsible for, and does not collect, income or other similar taxes with respect to transactions occurring between User and any other party, except as may be required by applicable federal or state law in particular cases. The reporting and payment of any such taxes is the legal responsibility of each user who sells goods or services via Barter of America's Service. Barter of America is required by federal law to obtain IRS Form W-8 or W-9 from all users and to report the gross proceeds of all barter transactions of those users who are not exempt from such reporting to the Internal Revenue Service on Form 1099-B. See About Fees and Taxes.

Barter of America is not responsible for, and does not collect, sales tax on our site for transactions occurring between our users. The collection of sales tax is the responsibility of each user who sells goods or services via Barter of America's Service. User agrees and affirms that Barter of America is not its agent and that in the event any jurisdiction successfully asserts such relationship and successfully imposes a sales and use tax collection and remittance obligation upon Barter of America, User agrees to hold Barter of America harmless and will reimburse all such taxes and costs incurred by Barter of America, in cash, upon presentment by Barter of America.

Barter of America collects sales tax for goods and services that Barter of America sells from the Service to customers in California, Nevada or any other state where we have offices, as required by applicable law.

Barter of America may allow User to transfer Trade Dollars from User's Barter of America account to the Barter of America account of other users that have registered with Barter of America as charitable organizations. Barter of America is not responsible for verifying or certifying the tax-exempt status of any charitable organization appearing on the Service. A transfer of Trade Dollars to a charitable organization will be conducted by User or pursuant to User's instructions only and User is solely responsible for verifying the status of the organization User is transferring funds to. Barter of America takes no responsibility for (a) verification of the charitable status of the organizations involved, (b) the documentation required by the Internal Revenue Service to determine or confirm the tax effect of a contribution, (c) determination of the value of the contribution, or (d) the accuracy or issuance of receipts by the charitable organization. Users should seek advice from their tax advisor prior to making a determination regarding the tax status of any such contribution.

User hereby agrees to comply with any and all applicable U.S., state, or foreign tax law, including the tax reporting of transactions and the collection of sales tax.

11. Indemnification
User shall indemnify, defend and hold harmless Barter of America and all of its subsidiaries, affiliates, officers, directors, owners, agents, co-branders or other partners (including without limitation The Barter Store.Net), employees, information providers, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liability, costs, losses, damages, claims and demands, including without limitation attorneys fees and costs incurred by the Indemnified Parties, arising out of or related to (i) User's use of the Service including listing, buying and selling goods or services and providing Content; (ii) any breach or non-compliance by User of this Agreement, any of Barter of America's rules or policies or User's representations, warranties and covenants contained herein, including but not limited to Sections 10 (Taxes), 4 (User Responsibilities), and 9 (Proprietary Rights); (iii) any dispute or litigation between an Indemnified Party and a third party caused by User's actions; and (iv) User's negligence or violation or alleged violation of any rights of another. User shall fully cooperate with the Indemnified Party and provide all assistance reasonably requested by the Indemnified Party in the defense and settlement of any claim. The Indemnified Party shall have the right at its own expense, but not the obligation, to assume the exclusive defense and control of any matter subject to indemnification by User, and User shall not in any event settle any matter without the written consent of the Indemnified Party.

12. Disclaimer of Warranties
THE SERVICE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICE, IS PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, BARTER OF AMERICA AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE SERVICE OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE SERVICE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SERVICE OR ANY LINKED SITE. BARTER OF AMERICA AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IT IS SOLELY USER'S RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, USEFULNESS OR VALIDITY OF ALL OPINIONS, ADVICE, SERVICE, PROMOTIONS, ADVERTISEMENTS, AWARDS, PRIZES OR OTHER INFORMATION, AND THE QUALITY AND MERCHANTABILITY OF ALL GOODS AND SERVICES, OFFERED ON THE SERVICE.

13. Limitation of Liabilities
BARTER OF AMERICA SHALL NOT BE RESPONSIBLE OR LIABLE TO USER OR ANY THIRD PARTIES UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OR LOSSES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES WHICH MAY BE INCURRED IN CONNECTION WITH BARTER OF AMERICA OR THE SERVICE, OR USE THEREOF, OR ANY OF THE DATA OR OTHER MATERIALS TRANSMITTED THROUGH OR RESIDING ON THE SERVICE OR ANY GOODS, SERVICES, OR INFORMATION PURCHASED, RECEIVED OR SOLD BY WAY OF THE SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF BARTER OF AMERICA HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGE OR LOSS.
IN NO EVENT SHALL BARTER OF AMERICA'S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATING TO THIS AGREEMENT OR THE SERVICE EXCEED THE AMOUNT OF FEES USER HAS PAID TO BARTER OF AMERICA DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING ACCRUAL OF THE RESPECTIVE CLAIM.
THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

14. General

14.1 Notice.
Statements, notices and other communications to User may be made by mail, email, and postings within User's account or other reasonable means. Barter of America may also provide notices of changes to the Agreement or other matters by displaying notices or links to notices generally on the Service. Notice to Barter of America may be made by mail to: Member Relations, Barter of America.com, Inc. at 3200 Adams Ave. Suite 105 San Diego California 92116.

14.2 Attorney Fees.
Except as set forth in Sections 2.2 (Disputes) and 11 (Indemnification), in any dispute under this Agreement or related to the Service, the party losing such claim shall pay the reasonable attorney fees and costs of the party prevailing in such claim.

14.3 Jurisdiction/Arbitration; Enforcement.
User agrees that any dispute or claim arising out of or related to the Service or this Agreement, or the interpretation, making, performance, breach or termination thereof, shall be finally settled by binding arbitration in San Diego, California under the American Arbitration Association Arbitration Rules by one arbitrator appointed in accordance with said Rules. The proceedings shall be conducted and all evidence shall be offered in the English language. User agrees that any claim against Barter of America must be filed within one (1) year of the time such claim arose, regardless of any law to the contrary; otherwise such claim will be barred forever. The parties agree that, any provision of applicable law notwithstanding, they will not request, and the arbitrator shall have no authority to award, punitive or exemplary damages against any party.

Notwithstanding the above, Barter of America may apply to any court of competent jurisdiction (i) for a temporary restraining order, preliminary injunction or other interim or conservatory relief as necessary, including without limitation for breach of Section 9 (Proprietary Rights) or (ii) to enforce the Barter of America Trade Starter Terms and Conditions, without breach of this arbitration agreement and without any abridgment of the powers of the arbitrator.

THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO CONFLICTS OF LAWS PROVISIONS, AND THE ARBITRATOR TO THE MERITS OF ANY DISPUTE OR CLAIM SHALL APPLY SUCH LAW. FOR ANY NON-ARBITRAL ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THE SERVICE OR THIS AGREEMENT, SOLE AND EXCLUSIVE JURISDICTION SHALL RESIDE WITH THE APPROPRIATE STATE OR FEDERAL COURT LOCATED IN SAN DIEGO, CALIFORNIA.

14.4 Third-Party Rights.
Except as otherwise provided in this Section, this Agreement is not intended and shall not be construed to create any rights or remedies in any parties other than the parties hereto, and no person shall assert any rights as a third-party beneficiary hereunder. This Agreement is intended and shall be construed to create the rights and remedies against User expressly provided to The Barter Store.NET hereunder, and The Barter Store.NET shall be a third-party beneficiary of this Agreement with respect to its rights and remedies against User.

14.5 Assignment.
User shall not assign this Agreement or any rights or obligations hereunder, by operation of law or otherwise, without the prior written approval of Barter of America, and any such attempted assignment shall be void. Barter of America shall have the right to freely assign this Agreement, and its rights and obligations hereunder, to any third-party without requiring the consent of or notice to User. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of the parties hereto, their successors and permitted assigns.

14.6 No Waiver.
The failure of Barter of America to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision.

14.7 Sever ability.
If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. In any event, the remaining provisions shall be enforced.

14.8 Headings.
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

14.9 Entire Agreement.
This Agreement constitutes the entire agreement between Barter of America and User with respect to User's use of the Service.


ACCEPTABLE USE POLICY
Information and the sale of your item(s) on Barter of America.com

  • shall not be fraudulent or involve the sale of counterfeit or stolen items;
  • shall not infringe on any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
  • shall not violate any laws, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
  • shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
  • shall not be obscene or contain child pornography or, if otherwise harmful to minors;
  • shall not contain any viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or personal information;
  • shall not link directly to or include descriptions of goods and services that you do not have a right to link to or include. Furthermore, you may not list or sell on our site any item that, upon receipt of the transaction fee from the buyer, could cause us to violate any applicable law, statute, ordinance or regulation. In addition you are not to list or sell live animals, human beings or body parts (relics, skulls, human remains or other parts), bulk e-mail lists, switchblades, Securities (stocks, bonds, annuities etc.), Insurance products (life insurance, property/casualty, disability etc) and or any firearm.

Additional Terms & Conditions

  • Contents of this Web site are the property of Barter of America.com. The Barter of America.com logos are trademarks of Barter of America.com and may not be used without the prior written consent of Barter of America.com. If you have any questions concerning the use of Barter of America.com or the Barter of America.com logo, please contact webmaster@BarterofAmerica.com or info@BarterofAmerica.com
  • Barter of America.com reserves the right to refuse service to anyone using this service.
  • Barter of America.com is not responsible for the content or context used in the listings.
  • The use of private user information is strictly prohibited.
  • Barter of America.com cannot guarantee that we will notice or prevent any inappropriate use of this system. This includes but not limited to underage persons, or persons acting under false pretenses.
  • Barter of America.com cannot guarantee that we will notice or prevent users from registering with false demographic information.
  • Barter of America.com is not responsible for damage or loss caused by errors in the system or the Internet. The system may be unavailable unexpectedly as a result of errors or circumstance beyond our control.

Investigations of violations of the AUP

  1. Barter of America.com will cooperate with all government officials, international organizations and law enforcement authorities seeking to clarify whether any User has violated the AUP.
  2. Barter of America.com and Users pledge to comply with all applicable laws.
  3. Privacy is of fundamental importance to Barter of America.com (see our Privacy Statement) who will respect and protect the privacy of Users. Private information will be disclosed to law enforcement authorities only as required by law.
  4. Barter of America.com will not knowingly host illegal content if such content is determined to be illegal by a court of competent jurisdiction.
  5. Although Barter of America.com is unable to monitor all content, Barter of America.com will make a reasonable effort to investigate legitimate complaints about alleged illegal content or network abuse, and will take appropriate action.
  6. Prior to taking any action, upon receipt of such complaints Barter of America.com will:
    (a) conduct an internal review to determine the nature and location of the content or abuse, and where warranted;
    (b) consult with legal counsel and/or outside authorities, and/or;
    (c) notify the User or abuser of the complaint, with a request for a response within seven days

SECURITY

Safe Technology
Barter of America.com's secure server is equipped with encryption software. The software is designed to ensure that Internet transactions stay private and protected. Our secure server software (SSL) is the industry standard and is among the best software available today for secure commerce transactions. The software is designed to encrypt all of your personal information including credit card number, name and address so that it cannot be read as the information travels over the Internet. Encryption is a means of scrambling information for transmission, in this case, between your PC and Barter of America.com's computing systems. Information that is encrypted at one end is decrypted (decoded) upon receipt at the other end.

Barter of America.com assigns a unique account number to each user for use in transactions with other users. Each user will have a unique password to gain access to the secure Barter of America.com database through the Barter of America.com Web site. Despite our extensive software security no security system can protect you if you divulge your password.
Therefore, you must not disclose your password to any third parties. If you lose control of your password, you may lose substantial control over your account information and may be subject to legally binding actions taken on your behalf.

Therefore, if your password has been compromised for any reason, you should immediately change your password.

Below view our Client Policy

Services and payment

Barter of America.com is a trading/exchange company and transaction clearinghouse providing a set of Services to its Users on the basis set out in this User Agreement.

If You are resident in the United States, all payments must be remitted in United States currency. If You are resident in Canada, all payments must be remitted in Canadian currency. If You are located outside North America, all payments must be remitted in United States currency.

Cash transaction fees are due upon receipt of the Barter of America.com monthly statement and must be paid by cash, business check, cashier's check money order or credit card. BARTER OF AMERICA.COM RESERVES THE RIGHT TO SUSPEND ALL TRADING OF ANY AND ALL USERS WHO’S ACCOUNTS ARE NOT PAID BY THE 15TH DAY OF THE MONTH THAT THE STATEMENT IS RECEIVED. A late payment fee of $15 plus 1.75% cash per month will be assessed on the last day of the month if the transaction fees are not paid, and suspension of trading privileges will be in effect until the account is current. A $25.00 cash fee will be charged for any returned check or any declined pre-authorized payment by a credit card or other financial institution. An Overdraft cash payment fee of $25 will be charge every time the account is overcharged its limit.

 

II. Listing Policy

To help clients properly list products and services, we've highlighted some inventory policies and describe how we handle inventory violations when they are reported to us.

Pricing
Inventory items listed on the Barter of America Network must be priced in Barter of America Dollars (denoted as T$). The value of 1.00T$ is equivalent to 1.00 US dollar (denoted as "$" or "cash"). All goods and services shall be listed for sale at a T$ price equal to the client's prevailing cash price (e.g. an item that normally sells for $99.95 cash must be listed at 99.95T$ on the Barter of America Network).

Barter of America reserves the right to request documentation supporting a client's T$ valuation of a inventory item with evidence of other valid cash sales at the same price. Failure to provide adequate documentation of cash sales to support the T$ inventory price may result in the deletion of the client's inventory listings from the Barter of America Network.

Transactions via the Barter of America Network use BT$
Barter of America clients can only use Barter of America Dollars (denoted as "T$") when trading products and/or services via the Barter of America Network.

Proper Inventory Category
Inventory must be listed in the appropriate category. Inventory that doesn't belong in a category will be moved to the appropriate category.

Bonuses, Giveaways, Raffles and Prizes
Inventory that promotes bonus items, giveaways, or random drawings or prizes as an enticement for buyers must be legal promotions in all jurisdictions where the promotion is available. It is your responsibility to determine the legality of your promotion. If Barter of America finds that a promotion is illegal, then that promotion will be deleted.

Key Word Spamming
Inventory that includes unrelated key word terms used in effort to gain unfair exposure for seller's inventory is not permitted and will be deleted.

Links
Users may place a simple link to another web page in the description portion of their inventory to help provide more information about the listed item. However, the following links are not permitted:

  1. Links to sites offering merchandise prohibited on the Barter of America Network
  2. Links to other online barter exchanges
  3. Links to sites offering the same merchandise for cash, or for the same or lower price

The links described above are not permitted and will be deleted.

 

III. Tax Policy

All trade credits earned from barter transactions are taxable. Exchange 'credit units' (Barter of America Dollars) are a means of satisfying an obligation; when an exchange adds credits to an account the seller has completed the earning process. They must include in their income the value of the credit units that are added to their account, even though they may not actually receive goods or services from other members until a later tax period.

You are responsible for the reporting of all applicable local, state and federal taxes that result from barter transactions. You are responsible for billing and collecting sales tax due from buyers. There are a number of different factors that determine your total tax on sales. Because of this, Barter of America recommends that you contact a tax consultant who is qualified to advise you about your sales on the Barter of America Network.

Barter of America clients must provide a valid and correct taxpayer identification number (or, if applicable, social security number) and certify that the client is not subject to backup withholding because a) client is exempt from backup withholding, or b) client has not been notified by the Internal Revenue Service that client is subject to backup withholding as a result of a failure to report all interest or dividends or c) the IRS has notified client is no longer subject to backup withholding.

Barter of America will report to the Internal Revenue Service on a regular basis. Barter transactions involving non-corporate members or clients providing goods or services must be reported to the Internal Revenue Service on a transactional basis. Transactions involving corporate members or clients may be reported on an aggregate basis.

 

IV. Restricted Items Policy

You are responsible for making sure that selling your inventory is (1) not prohibited by law and (2) is allowed on the Barter of America Network.

The following guidelines will help you properly list items and understand what is allowed on the Barter of America Network.

  1. "Prohibited" means that these inventory items may not be listed, bought or sold on the Barter of America Network.
  2. "Questionable" means that these inventory items may be listed under certain conditions.

Prohibited

  • Copyrighted material without the written authorization of the copyright owner
  • Counterfeit and illegally duplicated items
  • Drugs & drug paraphernalia
  • Embargoed items
  • Firearms
  • Government IDs and licenses
  • Human parts and remains
  • Prescription drugs/materials
  • Stocks and other securities
  • TV Descramblers

Questionable

  • Adults only
  • International sales
  • Tickets

Important note: Even if you offer to give away for "free" (rather than sell) a prohibited, questionable, or infringing inventory item, this will not relieve you of potential liability. This applies to both seller and buyer.

This list is updated from time to time and is incorporated by reference into the Client Agreement. Notice of updates to this list will be posted on the Announcement Board on the Barter of America Network on the day of the change.

These guidelines do not constitute legal advice and do not pertain to any particular company's practices. When in doubt, check with law enforcement agencies, a lawyer, the law or with a copyright, trademark or other rights owner for clarification. Barter of America also has adopted certain policies regarding prohibited items, regardless of the legality of the item. As stated in the Client Agreement, you agree to hold Barter of America harmless from and against any and all claims arising out of your violation of any law or your violation or infringement of the rights of any third party as a result of listing products and services on the Barter of America Network.

Questionable Items

Adults Only
"Adult" or "sexually oriented" material means any material that depicts, in actual or simulated form, or explicitly describes, in a predominantly sexual context, human genitalia, any act of natural or unnatural sexual intercourse, any act of sadism or masochism, or any other erotic subject directly related to the foregoing. Material otherwise within the definition of this subsection shall be deemed not to constitute a sexually oriented material if it constitutes only a small and insignificant part of the whole of a single catalog, book, periodical, or other work the remainder of which is not primarily devoted to sexual matters.

There is a wide range of items that are considered adult in nature. All of these items must be listed within the "Adult" categories. Those inventory items that are either erroneously or intentionally misplaced will be either moved to the proper Adult category or deleted.

CHILD PORNOGRAPHY IS ILLEGAL. ANY ITEM LISTING THAT IS CONSTRUED AS CHILD PORNOGRAPHY WILL BE DELETED (and forwarded to the proper authorities). Any inventory items with nude depictions of people under 18, with descriptions such as "teens," "children," "family," "youngsters," or "nudist," will be deleted.

International Sales
If you're a seller in the United States and thinking about accepting purchases from foreign buyers, you need to ensure that your sale doesn't violate one of the many federal regulations that govern such sales. This area of the law is complex, and there may be numerous legal issues arising from the sale of your particular items. These issues will vary depending upon exactly what you are selling, the country where the buyer (or "end user") of the goods resides, and who you are doing business with, among other considerations. It is against Barter of America policy to complete any international transaction that violates U.S. law.

Tickets to Entertainment Events
The re-sale of tickets to entertainment events (including sports contests and music concerts) is regulated in some states and countries. The laws in this area vary considerably from place to place and depend on numerous factors (for example, the location of the event, the location of the seller and buyer, the location where the re-sale "transaction" takes place, and the sale price). Because Barter of America cannot gather and confirm such information for its inventory items, those who resell these tickets on the Barter of America Network must familiarize themselves with the applicable laws and ensure that their transaction does not violate the law. Unlawful re-sales are not permitted on the Barter of America Network, and Barter of America will cooperate with the investigation of any such sales.

 

V. TRADING POLICY

Definitions

All capitalized terms used in this Trading Policy but not otherwise defined have the meanings set forth in the Barter of America Client Agreement (the "Client Agreement"). In this Trading Policy, the following capitalized terms shall have the following meanings:

Trade Procedures and Rules

1. General Clients shall list on the Barter of America Network only such goods and services that they have the right to sell on, in or through the Barter of America Network.

2. Listings All listed items must be listed in an appropriate category. We reserve the right to remove any Listing of a Client from the Barter of America Network and/or to change its location in the Barter of America Network. All Listings of a Client must comply with our Listing Policy. Clients are not permitted to in any way manipulate, alter, interfere with or otherwise affect another Client's Listings.

3. Barter Transactions Barter Transactions in the Barter of America Network must be concluded between Clients in the following manner: A buyer and a seller must reach an agreement on the terms under which the buyer will buy, and the seller will sell, one or more goods or services of the seller on, in or through the Barter of America Network. After the seller Settles such sale/purchase, the seller must request authorization from us for the Barter Transaction by calling (i) our Interactive Voice Response System ("IVR"), (ii) a broker at one of our local brokerage offices, or (iii) our customer service hotline, (within the U.S.), at 619-516-5300. The phone number for our IVR may be obtained by calling one of our local brokerage offices. In either case, the seller shall provide the number of the account associated with the buyer, the number of the account associated with the seller and the purchase/sale price denominated in Barter of America Dollars. Barter of America Currency will be transferred from the account associated with the buyer to the account associated with the seller only if our IVR or the relevant broker or customer service representative has granted an authorization number for the Barter Transaction. If the buyer disputes the transfer of the Barter of America Currency from the account associated with the buyer, it must notify us after the primary cardholder for the account receives the statement of account on which the Barter Transaction appears, in accordance with Section 12 of the Client Agreement, and such disputes shall be resolved in accordance with our Dispute Policy.

4. Authorization by Us. We will not effect a transfer of any Barter of America Currency from the account associated with the buyer or to the account associated with the seller in connection with a Barter Transaction, unless such Transaction was first authorized by us and given an authorization number. We reserve the right to refuse to authorize a Transaction in the event:

  • The account associated with the buyer does not have sufficient Barter of America Currency or Credit Line available for the purchase,
  • The buyer or the seller (or the account associated with such Person) is not a Client in good standing,
  • We have reason to believe the transaction is prohibited by law, by this Agreement or by our agreement with the other party to the transaction,
  • The credit card provided by (or on behalf of) either the buyer or the seller fails during the processing of Fees (regardless of whether arising from such transaction or a prior transaction), or
  • For any other lawful reason.

Notwithstanding the foregoing, we have no obligation to evaluate the lawfulness of any transaction conducted through the Barter of America Network.

5. Transfer of Barter of America Currency The Business and each Authorized User understands and agrees that upon authorization from us, the amount of Barter of America Currency equal to the purchase price is moved from the account associated with the buyer, and deposited in the account in the Barter of America Network associated with the seller. If the purchase price is denominated by the seller in a Barter of America Currency that is different from the denomination of the Barter of America Currency in the account associated with the buyer, the amount of Barter of America Currency moved from the account associated with the buyer will be equal in value to the purchase price, based on the Exchange Rate as of a date determined by us in our reasonable discretion, and the purchase price will be deposited after Settlement in the account associated with the seller. If the purchase price is denominated by the seller in a Barter of America Currency that is different from the denomination of the Barter of America Currency in the account associated with the seller, the purchase price will be converted into the Barter of America Currency in which such account is denominated based on the Exchange Rate as of a date determined by us in our reasonable discretion, and such converted amount will be deposited after Settlement in the account associated with the seller.

Neither the buyer nor the seller has the right to stop any payment about to be made to us or the seller in respect of any Barter Transaction once it has been authorized by us (except as provided above). A Barter Transaction relating to any offer to purchase goods or services in the Barter of America Network is deemed completed upon transfer of the relevant Barter of America Currency to the account associated with the seller.

6. Escrow Procedures. Notwithstanding paragraphs 3, 4 and 5 of this Trade Policy, we, at our sole discretion, may allow a buyer and a seller to use the following escrow procedure for a Barter Transaction:

  • Each of the buyer and the seller must submit a request to the broker assigned to the account associated with it/him/her, requesting use of the escrow procedure and specifying the amount subject to the escrow. We may also require, as a condition to considering such a request, that the buyer and the seller agree to an escrow period.
  • If and when we grant such request, the amount of Barter of America Currency that the buyer and the seller agreed to place in escrow will be "set aside" within the account associated with the buyer.
  • Until the seller Settles the sale/purchase or the escrow period (if any) expires (whichever is earlier), such amount will appear as a "pending purchase" in the statement of account for the account associated with the buyer, and such amount will not be available to authorized users of the account associated with the buyer for use in other Barter Transactions. Similarly, such amount will appear as a "pending sale" in the statement of account for the account associated with the seller, but such amount will not credited to the account associated with the seller, and therefore will not be available to authorized users of the account associated with the seller for use in other Barter Transactions.
  • The seller must notify us after it has settled the sale/purchase, by calling the broker assigned to the account associated with the seller. Such broker will then call the buyer to confirm Settlement. Upon confirmation from the buyer, we will transfer the amount of Barter of America Currency "set aside" within the account associated with the buyer to the account associated with the Seller.
  • If there is an escrow period, and it expires prior to Settlement by the seller, the amount of Barter of America Currency "set aside" within the account associated with the buyer will be returned and will again be available to authorized users of the account associated with the buyer for use in other Barter Transactions.
  • If no escrow period is required or specified, the amount of Barter of America Currency placed in escrow will continue to remain "set aside" within the account associated with the buyer until the seller Settles the sale/purchase, unless the buyer and the seller otherwise agree.

7. Compliance with Policies and Laws.

  1. Barter of America Policies. The Business and each Authorized User shall adhere to all of our rules and policies (including, but not limited to, the Policies) posted at our www.BarterofAmerica.com Website, as amended from time to time, including the following, which are hereby incorporated by reference:
  • The Barter of America Privacy Policy. We may change our Privacy Policy from time to time and such changes shall become effective after we provide Clients with at least fourteen (14) days notice of the changes by posting the changes on our www.BarterofAmerica.com Website and sending email to Clients who select such notification.
  • The Barter of America Fee Policy. We may change our Fee Policy from time to time. Changes to the Fee Policy, which waive, decrease or suspend Fees, shall become effective immediately after we provide Clients with notice of such changes by posting such changes on our www.BarterofAmerica.com Website. Changes to the Fee Policy that increase Fees or impose new Fees shall become effective after we provide Clients with at least fourteen (14) days notice of the changes by posting of such changes on our www.BarterofAmerica.com Website. If the Business or any Authorized User transacts (or attempts to transact) in the Barter of America Network after the effective date of the change or if any person uses such Authorized User's Barter of America Card or Codes, it will mean that each Account Holder and such Authorized User has agreed to the change. Even if this does not occur, if any negative Account Balance remains outstanding or any U.S. Dollar Denominated Debt remains unpaid after the effective date of the change, it will mean (a) that each Account Holder has agreed to the change and (b) that any Authorized User who is responsible for any part of such negative Account Balance or U.S. Dollar Denominated Debt (e.g., such negative Account Balance or U.S. Dollar Denominated Debt arises from or relates to a Barter Transaction entered into by, or by using such Authorized User's Barter of America Card or Codes) has agreed to the change. Such changes may apply to any negative Account Balance and any U.S. Dollar Denominated Debt outstanding as of the effective date and to any pending (but not yet authorized) or future Transactions by such Persons.
  • The Barter of America Listing Policy, Tax Policy, Restricted Items Policy, Trading Policy, Dispute Policy and Gift Certificate Policy. We may change each of these policies from time to time and such changes shall become effective immediately after we provide Clients with notice of such changes by posting such changes on our www.BarterofAmerica.com Website.

We shall have the right to establish general policies and rules concerning use of the Barter of America Network, including, but not limited to:

  • The maximum number of days that Listings or other uploaded content will be retained on or by the Barter of America Network,
  • The maximum number or size of Listings that may be posted on, in or through the Barter of America Network, and
  • The maximum number of times (and the maximum duration for which) a Client may access the Barter of America Network in a given period of time.
  1. Laws. The Business and each Authorized User shall full comply with all laws, regulations, ordinances, rules (including, but not limited to, ethical and professional rules) and industry, professional or similar standards relating to:
  • Listings and other Information of the Business or such Authorized User,
  • the buying and selling of goods and services by the Business or such Authorized User on, in or through the Barter of America Network,
  • other use of the Barter of America Network by the Business or such Authorized User, and
  • the payment of Fees to Barter of America associated with the above.

We are not responsible in any way for ensuring such compliance. The Business and each Authorized User will not offer to sell or buy, or sell or buy, any goods or services (or consummate any transaction that was initiated using the Barter of America Network) that, by paying the associated Fees to us, could cause us to violate any such applicable laws, regulations, ordinances, rules, and standards or that are otherwise illegal using the Barter of America Network. If the Barter of America Network does not provide adequate facility or features for the Business or any Authorized User to comply with all such applicable laws, regulations, ordinances, rules, and standards then such Business or Authorized Person shall not use the Barter of America Network to offer to sell or buy, or sell or buy, the relevant goods or services. Without limiting the generality of the foregoing, the Business and each Authorized User acknowledges and agrees that we are not an importer or exporter of any goods or services sold internationally on or through the Barter of America Network and that:

  • It/he/she will not export from the United States any good, service or technology listed or otherwise offered on, in or through the Barter of America Network in violation of U.S. law, rules or regulations,
  • In connection with each of its/his/her Listings and other offers to sell or purchase, and sales and purchases of, goods and services on, in or through the Barter of America Network, it/he/she shall be solely responsible for ensuring full compliance with, and it/he/she will comply with:
    • All applicable customs, export control, sanctions, anti-boycott and other international trade laws, rules, ordinances, and regulations of the United States (including, but not limited to, any applicable regulations promulgated by the U.S. Department of State, the U.S. Customs Service, the Bureau of Export Administration, the Office of Foreign Assets Control, the Federal Trade Commission, the U.S. Treasury Department, the IRS, the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, and other laws and regulations governing U.S. trade in goods and services with foreign nations, nationals and legal entities, including those physically located within the United States), and
    • All similar laws, rules, ordinances, and regulations of other relevant jurisdictions (including, but not limited to, the country where it/he/she is located, the country where the goods are located or services are to be performed, and the country where the other party to the transaction is located).

8. No Avoidance. The Business and each Authorized User agrees:

  • Not to conclude a transaction with another party outside the Barter of America Network, if the respective goods or services have been listed on the Barter of America Network or it/he/she has identified and/or engaged in negotiations with such party with regard to the respective transaction on or through the Barter of America Network, and
  • Not to engage in any other practice for the purpose of avoiding or reducing Fees.

If the Business or any Authorized User concludes a transaction outside of the Barter of America Network, each Account Holder and any such Authorized User shall be liable to us for all Fees avoided and shall be subject to additional sanctions, including termination of access to the Barter of America Network or the Account, as set forth in Sections 19 and 20 of the Client Agreement.

9. Customer Service. All customer service support (including, but not limited to, order processing, fulfillment, shipment, and insurance) to be rendered in accordance with Barter Transactions in which the Business or any Authorized User is the seller shall be the sole responsibility of the Account Holders (and any such Authorized User).

 

VI. DISPUTE POLICY

Definitions

All capitalized terms used in this Dispute Policy but not otherwise defined have the meanings set forth in the Barter of America Client Agreement (the "Client Agreement").

Dispute Procedures and Rules

1. General. The Business and/or an Authorized User must notify us of any Dispute it/he/she has with or against another Client or a Third-Party or us that arises from or relates to a Transaction on, in or through the Barter of America Network:

  • Within one hundred eighty (180) days of the date of the Statement of Account in which such transaction appeared, with respect to Barter Transactions, and
  • Within one hundred eighty (180) days of the date such Transaction was completed, with respect to Non-Barter Transactions.

The Business and/or an Authorized User must notify us of any Dispute it/he/she has with or against us that arises from or relates to this Agreement within six (6) months of the date of the alleged injury, regardless of any statute of limitations. The Business and each Authorized User will be deemed to have waived its/his/her right to mediate, arbitrate, and litigate a Dispute for which notice was first provided to us after the relevant period, regardless of any law to the contrary.

2. Disputes between Clients or between Clients and a Third-Party

  1. Procedures. We may, at our sole discretion, attempt to informally resolve a Dispute between two Clients or between a Client and a Third-Party. If we elect to do so, the costs of any informal dispute resolution shall be borne equally by the two Clients or the Client and Third-Party, as the case may be. If we elect not to do so, or attempt to but do not succeed in resolving the Dispute within thirty (30) days, the unresolved Dispute shall be subject to mediation between the parties and such mediation shall be administered by the American Arbitration Association in accordance with its Commercial Mediation Rules. In the event the Dispute is not resolved by mediation within thirty (30) days of the commencement of the mediation, or if, before the expiration of such thirty (30) days, either party fails to participate or to continue to participate in the mediation, the unresolved Dispute shall be subject to and finally determined by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. We may release contact information to allow the resolution of Disputes between Clients and between a Client and a Third-Party in accordance with the above, and such other information as required by a mediator or arbitrator in accordance with the applicable Commercial Mediation Rules or Commercial Arbitration Rules as set forth above.
  2. Limited Involvement by Us. We shall not be involved in, and the Business and each Authorized User shall not involve us in, any Dispute with a Client or Third-Party, except to the extent we elect to act as provided in paragraph 2(a) above. If the Business or an Authorized User nonetheless attempts to involve us in any Dispute (other than at our election as provided in paragraph 2(a)):
  • The Account Holders and any such Authorized User shall be jointly and severally liable for all of our costs and attorneys' fees and shall indemnify us as set forth in Section 23 of the Client Agreement, and
  • The jurisdiction for any such Dispute shall be limited to the County of San Francisco, Nevada.

Notwithstanding any such involvement, we are not a party to and shall not be responsible for Disputes between Clients or between a Client and a Third-Party.

3. Disputes between a Client and Us. If a Dispute between a Client (including the Business or an Authorized User), on the one hand, and us, on the other hand, arises from or relates to this Agreement, the breach thereof or the services provided by us and if such Dispute cannot be settled through direct discussions, such Client and we agree to endeavor first to settle the Dispute by mediation administered by the American Arbitration Association in accordance with its Commercial Mediation Rules before resorting to arbitration. Any unresolved Dispute shall be finally settled by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Any such Dispute shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any Dispute of any other party.

4. Costs, Location, Language, Etc. of Mediation and Arbitration. In connection with any Disputes between Clients, between a Client and a Third-Party, or between a Client and us:

  • A mediator involved in the parties' mediation may be asked to serve as an arbitrator, if both parties agree,
  • The costs of any mediation shall be borne equally by the parties,
  • The arbitrators may determine how the costs and expenses (including the award of reasonable attorney's fees) of any arbitration conducted in accordance with the foregoing shall be allocated between the parties of such arbitration,
  • The language to be used in any mediation or arbitration shall be English, unless the parties otherwise agree, and
  • Any mediation or arbitration of such Disputes shall be conducted in Reno Nevada, unless the parties otherwise agree.

5. Preliminary Relief in Disputes.

  1. Restrictions on the Account, the Business and Authorized Users. If the Business or any Authorized User is involved a Dispute, we have the right to freeze the Barter of America Dollars involved in the Dispute. Any Barter of America Dollars that are frozen will not be available to the Business or any Authorized User during such time. We also have the right, at our sole discretion, to place such Barter of America Dollars into a restricted account maintained by us or an escrow account maintained by a third-party escrow agent in order to ensure that funds are available upon conclusion of a mediation or arbitration of such Dispute. Any such Barter of America Dollars may be released on mutual consent of the parties to the Dispute, on conditions to which they mutually agree, or upon order of a court of competent jurisdiction or an arbitrator as set forth in paragraph 2 or 3 above. Any such frozen Barter of America Dollars and any such restricted or escrow account shall not bear interest.
  2. Injunctive and Interim Relief. Notwithstanding anything in this Dispute Policy to the contrary:
  • i) any party to a Dispute may apply to the arbitrator seeking injunctive relief until the arbitration award is rendered or the controversy is otherwise resolved,
  • ii) any party to a Dispute may also, without waiving any remedy under their agreement with us, seek from any court having jurisdiction any interim or provisional relief that is necessary to protect the rights or property of that party, pending the establishment of the arbitral tribunal (or pending the arbitral tribunal's determination of the merits of the controversy), and
  • iii) we may apply to any court of competent jurisdiction for a temporary restraining order, preliminary injunction or other interim or conservatory relief, as necessary or appropriate, or to enforce this Dispute Policy, or Sections 22 or 23 of the Client Agreement.

With respect to (ii) and (iii), sole and exclusive jurisdiction of any such non-arbitral action or proceeding shall reside with the appropriate state or federal court located in the District of Nevada, Reno County, unless the parties to the Dispute agree otherwise.

 

VII. GIFT CERTIFICATE POLICY

Definitions

All capitalized terms used in this Gift Certificate Policy but not otherwise defined have the meanings set forth in the Barter of America Client Agreement (the "Client Agreement").

Gift Certificate Procedures and Rules

If the Business operates one or more restaurant, dining, golf course or other entertainment establishment (including a limousine service), the Business agrees to participate in our Barter of America Gift Certificate Program on the following terms and conditions:

  • Each such establishment will accept and honor all valid Barter of America Gift Certificates denominated in Barter of America Dollars, as well as InBarter.com Gift Certificates, BoA Gift Certificates, and MyCitiPoints.Com Inc. Gift Certificates (collectively, the "Gift Certificates") as payment for meals or services rendered at or by such establishment during regular hours of operation, without any restrictions other than those expressly set forth in this Gift Certificate Policy or on the back of the Gift Certificates.
  • Each such establishment will adhere to the terms and conditions set forth on the back of the Gift Certificates (the "Terms and Conditions"). The Terms and Conditions may be modified or revised by us in our sole discretion without prior notice to the Business or establishment. In the event of such modification or revision, the Terms and Conditions printed on the Gift Certificates shall govern acceptance and redemption of such Gift Certificates.
  • No such establishment shall give any change (in U.S. Dollars or otherwise) in connection with accepting Gift Certificates as payment for meals or services rendered at or by such establishment. Each such establishment shall be solely responsible for collecting all tax, tip and service charges in full in U.S. Dollars from the persons from whom Gift Certificates are accepted.
  • The Account will be credited with such number of Barter of America Dollars equal to the number set forth on the front of the Gift Certificate, provided that each redeemed Gift Certificate:
    • Must be mailed, along with a completed deposit slip, to Barter of America, Attention: Gift Certificate Redemption, at the address set forth in Exhibit A to the Barter of America Client Agreement,
    • Is dated on or prior to the expiration date set forth on such Gift Certificate (or December 31, 2002, if earlier, in the case of InBarter.com Gift Certificates, BoA Gift Certificates, MCP Gift Cert’s),
    • Is received by Barter of America within 30 days after the expiration date set forth on such Gift Certificate,
    • Does not have the term "void" written on it,
    • Has a valid signature, and
    • Is not photocopied, altered or reproduced.

A Gift Certificate that does not meet all of the above requirements will not be credited to the Account or otherwise accepted for redemption. Notwithstanding the above, each such establishment will accept Gift Certificates after the expiration date, and we will credit such Gift Certificate to the Account, in each case if and to the extent required by applicable law. Gift Certificates are not redeemable for U.S. Dollars or any other cash currency.

    • We recommend that the Business and each establishment send all redeemed Gift Certificates to us by certified mail. We are not responsible for any lost, destroyed, stolen, mutilated or misdelivered Gift Certificates, and any such Gift Certificates are not replaceable. Gift Certificates are void if sold for cash or other consideration.
    • The terms and conditions set forth in the Gift Certificates are governed by the laws of the State of Nevada, USA, and are void where prohibited by law.
    • The Business may terminate its participation in the Gift Certificate Program upon 30 days advance written notice to Barter of America, Attention: Gift Certificate Program, at the address set forth in Exhibit A to the Barter of America Client Agreement, and shall be deemed to be fully given when personally delivered or sent by confirmed facsimile or two (2) days after being sent by commercial courier to the address set forth above, which may be changed from time to time with ten (10) days' advance notice hereunder. Upon termination, the Business and each establishment shall promptly cease to display or otherwise use any and all materials that indicate or suggest that the Business or an establishment participates in the Gift Certificate Program. The Business and each establishment shall continue to accept and honor valid Gift Certificates and abide by all terms and conditions of this Gift Certificate Program prior to such termination.

ACCEPTABLE USE POLICY

Information and the sale of your item(s) on Barter of America.com

  • shall not be fraudulent or involve the sale of counterfeit or stolen items;
  • shall not infringe on any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
  • shall not violate any laws, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
  • shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
  • shall not be obscene or contain child pornography or, if otherwise harmful to minors;
  • shall not contain any viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or personal information;
  • shall not link directly to or include descriptions of goods and services that you do not have a right to link to or include. Furthermore, you may not list or sell on our site any item that, upon receipt of the transaction fee from the buyer, could cause us to violate any applicable law, statute, ordinance or regulation. In addition you are not to list or sell live animals, human beings or body parts (relics, skulls, human remains or other parts), bulk e-mail lists, switchblades, Securities (stocks, bonds, annuities etc.), Insurance products (life insurance, property/casualty, disability etc) and or any firearm.

Additional Terms & Conditions

  • Contents of this Web site are the property of Barter of America.com. The Barter of America.com logos are trademarks of Barter of America.com and may not be used without the prior written consent of Barter of America.com. If you have any questions concerning the use of Barter of America.com or the Barter of America.com logo, please contact webmaster@BarterofAmerica.com or service@BarterofAmerica.com
  • Barter of America.com reserves the right to refuse service to anyone using this service.
  • Barter of America.com is not responsible for the content or context used in the listings.
  • The use of private user information is strictly prohibited.
  • Barter of America.com cannot guarantee that we will notice or prevent any inappropriate use of this system. This includes but not limited to underage persons, or persons acting under false pretenses.
  • Barter of America.com cannot guarantee that we will notice or prevent users from registering with false demographic information.
  • Barter of America.com is not responsible for damage or loss caused by errors in the system or the Internet. The system may be unavailable unexpectedly as a result of errors or circumstance beyond our control.

Investigations of violations of the AUP

  1. Barter of America.com will cooperate with all government officials, international organizations and law enforcement authorities seeking to clarify whether any User has violated the AUP.
  2. Barter of America.com and Users pledge to comply with all applicable laws.
  3. Privacy is of fundamental importance to Barter of America.com (see our Privacy Statement) who will respect and protect the privacy of Users. Private information will be disclosed to law enforcement authorities only as required by law.
  4. Barter of America.com will not knowingly host illegal content if such content is determined to be illegal by a court of competent jurisdiction.
  5. Although Barter of America.com is unable to monitor all content, Barter of America.com will make a reasonable effort to investigate legitimate complaints about alleged illegal content or network abuse, and will take appropriate action.
  6. Prior to taking any action, upon receipt of such complaints Barter of America.com will:
    (a) conduct an internal review to determine the nature and location of the content or abuse, and where warranted;
    (b) consult with legal counsel and/or outside authorities, and/or;
    (c) notify the User or abuser of the complaint, with a request for a response within seven days

 

Use of this service constitutes acceptance of The Exchange Terms and Conditions and Privacy Policy. Copyright Notice ©2024 Barter of America & Barter de Mexico , Software provided by XO Software . All Rights Reserved. All designated trademarks and brands are the property of their respective owners.