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BARTERB@NK MEMBERSHIP AGREEMENT.
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Terms and Conditions
By clicking on the “I ACCEPT” button or accessing and using the BARTER PLANET website (the “Site”),
you (“User”) agree that you have read, understood and accepted the Terms and Conditions below for all use of the
BARTER PLANET services (the “Services”). If you do no agree to these Terms and Conditions, do not use any of the
Services.
These Terms and Conditions May Change
Barter Planet, LLC (“Barter Planet”) reserves the right to update or amend these Terms and Conditions at any
time. The amended Terms and Conditions shall automatically be effective five (5) days after they are posted on the Site. Your
continued use of the Services after the effective date of any posted change constitutes your acceptance of the amended Terms
and Conditions as modified by the posted changes. For this reason, we encourage you to review these Terms and Conditions
whenever you use the Services. The last date these Terms and Conditions were revised is set forth below. BARTER
PLANET May Change or Suspend Services
BARTER PLANET may, at its sole discretion, terminate or suspend access to the Services or any portion thereof of any user
for any reason.
Registration Information
To use our Services, you must complete the registration process that is presented upon your acceptance of the Terms and
Conditions. During the registration process, you agree to: (a) provide true, accurate, current and complete information about
yourself as prompted by the forms, (b) to maintain and update this information to keep it true, accurate, current and complete,
and (c) notify us immediately of any unauthorized use of your account or any other breach of security. If any information
provided by you during the registration process is untrue, inaccurate, not current or incomplete, we have the right to terminate
your account and refuse any and all current or future use of the Services.
Passwords
Upon registration for the Services, you will be asked to set a password of which you will have the option to reset from
time to time. You understand that you are solely responsible for maintaining the confidentiality of your password, and that
you shall be solely and fully responsible for all activities that occur under your password. Barter Planet shall not be responsible
for any loss, claim or other liability that may arise from the unauthorized use of any password and you agree to indemnify
Barter Planet for any violation of this paragraph. If a password is lost or stolen it is the user’s responsibility to
notify Barter Planet, so that the missing password can be deactivated and a new one assigned.
Eligibility
By clicking the “I ACCEPT” button you are representing that you are: (1) at least 18 years old; (2) capable
of entering into a legally binding agreement; (3) a resident of the Continental U.S.; (4) will use the Services only for personal
use and not for commercial use and (5) will not transfer membership account or username to others.
Site Content
The Site and its contents may only be used in accordance with the terms of this Terms and Conditions. All materials displayed
on the Site including, but not limited to text, graphics, postings, presentations, user communications, comments, photographs,
images and illustrations, shall be referred to herein as “Content.” User shall abide by all copyright and trademark
notices, information, and restrictions contained in any Content accessed through the Services.
The Site is protected as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions
and other copyright laws. User may not publish, participate in the transfer or sale of, reproduce or distribute any of the
Content, modification or derivative work thereof, in whole or in part.
Illegal and/or unauthorized uses of the Site, including collecting usernames and/or email addresses of members by electronic
or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Site will be investigated,
and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.
Other than the User Content (as defined below), all of the Content you see, hear or otherwise experience through the Services
and the Site are subject to trademark, service mark, trade dress, copyright, trade secret, patent, and/or other intellectual
property rights or licenses held by Barter Planet or by third parties who may own them.
User Content
“User Content” means any Content sourced or supplied by a User (including but not limited to communications
within the Site such as postings, comments and suggestions). User acknowledges and agrees that if User contributes any User
Content to the Site, User grants to Barter Planet a perpetual, non exclusive worldwide, royalty-free, transferable right to
use and exploit in anyway such User Content (including all related intellectual property rights) to provide the Services.
User warrants, represents and agrees that it will not contribute any User Content that is false, inaccurate, misleading, infringing,
libelous, defamatory, obscene, pornographic, abusive, offensive or otherwise violates any law or right of any third party.
Barter Planet reserves the right to remove any User Content from the Site at any time, for any reason (including, but not
limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Content or if Barter
Planet is concerned that User may have breached the immediately preceding sentence), or for no reason at all.
The following is a partial list of the kind of User Content that is illegal or prohibited on the Site. Barter Planet reserves
the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision,
including without limitation, removing the offending communication from the Services and terminating the membership of such
violators. It includes User Content that:
- harasses or advocates harassment of another person;
- promotes information that a User knows is false, misleading or promotes illegal activities or conduct that is threatening,
obscene, defamatory or libelous;
- promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs
or links to them, providing information to circumvent manufacture-installed copyright-protect devices, or providing pirated
music or links to pirated music files;
- displays pornographic or sexually explicit material of any kind;
- provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's
privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and
- is patently offensive to the online community, such as User Content that promotes racism, bigotry , hatred or physical
harm of any kind against any group or individual;
Even though all of the above is strictly prohibited, there is a small chance that a User might become exposed to such content
and User further waives his/her right to any damages (from any party) related to such exposure.
The “No Barter List”
You agree that you will not post listings on our site that offer any services or items that can cause us to violate any
applicable law, statute, or regulation, or that violates our current “No Barter List” as follows:
- Perishable items;
- Items or services that violate human rights;
- Items or services that violate safety;
- Pirated copies of music, software or movies;
- Services or hardware or software that enable the making of pirated copies of music, software or movies;
- Tobacco
- Illegal drugs, prescription drugs, drug paraphernalia;
- Alcohol, wine;
- Pornography;
- Counterfeit items or currency;
- Lockpicking devices;
- Lottery tickets;
- Police-related items;
- Human organs or remains;
- Weapons of any type (including guns, ammunition, knives);
- Mailing lists of any kind;
- Hazardous materials;
- Illegal identification documents;
- Stocks, securities;
- Trading of people, children, pets, animals, seeds and plants;
- Stolen property;
- Surveillance equipments.
Copyright Policy
User may not post, distribute, or reproduce in any way any copyrighted material, trademarks or other proprietary information
without obtaining the prior written consent of the owner of such proprietary rights. Any person believing that their copyrighted
material is being posted on the Site should contact Barter Planet through Barter Planet’s [ Contact Us] Page. Disclaimer
USER UNDERSTANDS THAT THE SITE IS A VENUE TO BARTER, PURCHASE AND SELL GOODS AND SERVICES. USER ACKNOWLEDGES AND AGREES
THAT USER’S EXCHANGE OF GOODS AND SERVICES IS A TRANSACTION BETWEEN THE RESPECTIVE SENDER AND RECEIVER AND NOT WITH
BARTER PLANET. BARTER PLANET IS NOT A PARTY TO ANY TRANSACTION ON THE SERVICES. BARTER PLANET HAS NO RESPONSIBILITIES, LIABILITIES
OR CONTROL WITH RESPECT TO THE SERVICES AND PRODUCTS LISTED ON THE SITE AND HAS NO CONTROL OVER THE TRUTH OR ACCURACY OF ANY
SERVICE OR PRODUCT DESCRIPTIONS AND THE QUALITY, SAFETY OR LEGALITY OF ANY SERVICE OR PRODUCT.
BARTER PLANET MAKES NO ASSURANCES THAT USER WILL BE ABLE TO EXCHANGE ANY PRODUCTS OR SERVICES, THAT PRODUCTS OR SERVICES
WHICH USER WISHES TO EXCHANGE FOR WILL BE AVAILABLE, THAT OTHER USERS WILL WANT TO EXCHANGE FOR PRODUCTS OR SERVICES OWNED
BY USER, OR ANY OTHER MATTER. A USER'S SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICE OR ANY MATTER RELATING THERETO IS
TO STOP USING THE SERVICE.
USER ASSUMES ALL RISKS WITH RESPECT TO THE USE AND OPERATION OF THE SITE AND AGREES THAT THE SITE IS PROVIDED "AS IS, WHERE
IS" AND AS AVAILABLE. BARTER PLANET MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT OF THE SITE,
THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE SERVICES, 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 PLANET DISCLIAMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING,
WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON -INFRINGEMENT.
[Barter Planet shall have no responsibility to, and does not, investigate the background of, or confirm the identity of,
any User. A User-initiated feedback system may be available on the Services to help User evaluate 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 Planet.]
No Endorsements of Content
Barter Planet does not represent or endorse the accuracy, reliability, integrity or legality of User Content. Barter Planet
hereby disclaims any liability for any User Content, including, but not limited to, any errors or omissions in any User Content
or for any loss or damage of any kind incurred as a result of the use of or reliance on any User Content posted, emailed or
otherwise transmitted via the Services. Barter Planet shall have no obligation to review the User Content. Barter Planet shall
have the right, but not the obligation, in its sole discretion, to correct any errors or omissions in any portion of the Services
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 User Content, in whole or in part, that in Barter Planet’s sole discretion is in violation of
this Agreement.
No Endorsements of Third Party Links
References on the Site to any hypertext links to third party sites or information, do not necessarily constitute or imply
an endorsement, sponsorship, or recommendation of the third party, information, product or service by Barter Planet. Barter
Planet does not endorse nor make any warranties or representations about any web site you may access through the Site, including
the availability or accuracy of such web sites or resources. ANY LINKS TO OTHER SITES ARE PROVIDED FOR CONVENIENCE ONLY. You
need to make your own decisions regarding your interactions or communications with any other web site.
Disputes
Barter Planet is not a party to, and shall not be involved in or responsible for, transactions, agreements and/or disputes
between Users, including without limitation those arising from, related to or in connection with the Services ("Dispute").
In the event of a Dispute, User agrees to release, and does hereby release, Barter Planet (and its officers, directors, 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 Planet in any Dispute or litigation arising out of or related to any transaction,
agreement or arrangement with any receiver, sender, or other User or third party in connection with the Services. If User
nonetheless attempts to do so, (i) User shall pay all costs and attorneys' fees of Barter Planet and shall provide indemnification
as set forth below, and (ii) the jurisdiction for any such Dispute or litigation shall be limited as set forth in paragraph
titled “Governing Law” below.
User Transactions
If User posts a product or service for barter, User agrees to accept offers and trade the product or service according
to the terms of the posting. For all products or services listed by the User, User represents, warrants and covenants to Barter
Planet that: (i) all information User is prompted to provide about a product or service User lists ("Posting Information")
shall be accurate and complete and shall accurately represent the condition or quality of the product or service at the expected
and actual trade date; and (ii) User shall promptly update Posting Information should it become inaccurate, incomplete or
misleading. Barter Planet reserves the right, at its sole discretion, to prohibit posting of any products or services or categories
of products or services and may remove products or services from posting at any time without notice.
All bartering transactions must be between Users who are located within the Continental U.S., and no packages will be sent
outside of the Continental U.S.
Confidentiality
User shall hold confidential and shall not disclose, transmit, use or otherwise exploit personal or company names, addressees,
telephone numbers, email addresses, listings, fees and pricing information or any other information regarding, or provided
by, other Users in connection with the Services, except as strictly necessary to conduct and fulfill bona fide exchanges through
the Services solely on User’s own behalf in accordance with this Terms and Conditions. Without limiting the foregoing,
in no event shall User collect, store, extract, sell, transfer or disclose any listing or compilation of Users in any way
relating to the Services.
Compliance with Laws
User, and not Barter Planet, shall be responsible for compliance with all laws, regulations and ordinances connected with
the User's posting, bartering, and other use of, the Services. User shall not list or barter items that are illegal using
the Services. User must provide all required and appropriate 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 posting and exchanging on the Services. If the Services do not provide adequate facility or features for User to
provide such Information and Actions, then the User shall not use the Services to list or barter the respective items.
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 laws or regulations promulgated by any state
or federal regulations or laws.
Termination
[User may close User's account by going to the appropriate account section on the Site or sending an email to BarterPlanet@gmail.com .] Barter Planet 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 Terms and Conditions or other rules and policies
established by Barter Planet. Upon termination of User's account, User shall remain liable for all charges, fees, commitments
and obligations incurred or accrued by User as of the date of termination. Upon termination, Barter Planet shall have the
right to delete any User 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 Services. All provisions
of these Terms and Conditions which by their nature should survive termination shall survive termination, including, without
limitation, ownership provisions, disclaimers and limitations of liability. Resale of Services
You agree not to resell the Services or use of or access to the Services. Privacy Policy
Click here to read Barter Planet’s Privacy Policy . Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL BARTER PLANET OR ITS EMPLOYEES, OFFICERS
OR DIRECTORS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES OR LOSSES, INCLUDING
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR IN CONNECTION
WITH USE OR ACCESS TO THE SITE OR USE OF THE SERVICES, WHETHER OR NOT BARTER PLANET HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.
If you are dissatisfied with the Services or any content on the Site, or with these Terms and Conditions, your sole and
exclusive remedy is to discontinue using the Services and accessing or using the Site. You acknowledge, by your use of the
Services or access or use of the Site, that your use of the Services or use of or access to the Site is at your sole risk.
Applicable law may not allow the limitation of liability set forth above, so this limitation of liability may not apply
to you. Indemnity
You agree to indemnify, defend and hold harmless Barter Planet, its employees, officers and directors from and against
any and all claims, liabilities, penalties, settlements, judgments, fees (including reasonable attorneys’ fees) arising
from or due to or in connection with your use of or conduct on the Services.
Governing Law
These Terms and Conditions shall be interpreted in accordance with the laws of the State of Connecticut without regard
to conflict of laws principles. All claims arising from this Terms and Conditions must be filed in the state or federal courts
located in Connecticut . Miscellaneous
If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be deemed superseded
by a valid enforceable provision that most closely matches the intent of the original provision and the remaining provisions
shall be enforced. Barter Planet’s failure to act with respect to a breach by any User does not waive Barter Planet’s
right to act with respect to subsequent or similar breaches. The failure of Barter Planet to exercise or enforce any right
or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. The section headings
and subheadings contained in these Terms and Conditions are included for convenience only, and shall not limit or otherwise
affect the terms of these Terms and Conditions. These Terms and Conditions which includes our Privacy Policy , constitutes the entire agreement between Barter Planet and User with respect to the subject matter hereof.
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References to Member include the Member both as a selling (barterer) and buying member(receiver). The Member will
also refer to the Authorized Signatory on the face of this Agreement.
1/. The Member agrees to pay to Let`s
grow initial sign-up fees on signing this Agreement, annual Membership fees as described below and as revised from
time to time.
2/. Upon presentation of a Card by a Member or an authorized user, the selling Member will:
- (a) sell merchandise or perform services to the other member at a price not in excess of the ticketed or posted price
for such merchandise or services.
- (b) not impose any fees or other charges for the use of the Card as a method of payment, and
- (c) not require a minimum amount of merchandise to be purchased or services to be performed before accepting the Card.
3. The selling Member will invoice the buying member for each transaction by completing a chitty Slip supplied by
Let`s grow which must be signed by the buying member or authorized user of the buying member's card. Any Let`s grow transaction
processed without a signed Let`s grow Transaction Slip will be reversed by CBE if challenged by the buying member. Regardless
of whether or not the transaction is legitimate, the selling member or buying member will have a maximum of 90 days, following
the end of the month the transaction was processed, to request Let`s grow to investigate and/or reverse any such transaction.
7. The selling Member will obtain an authorization number from CBE, or its appointed agent, for the Trade Dollars
("TD") amount of each transaction. 8. Transaction Slip: The selling Member will deliver the "Buyer" copy of the CBE Transaction
Slip to the buying member. The selling member will retain the "Seller" copy of the CBE Transaction Slip for a minimum of five
years from the date of the transaction as evidenced by the transaction slip.
9. Transaction Fees: The selling Member's
account will be credited, and the buying Member's account will be debited for the amount of TD in each transaction. The selling
Member and buying Member will pay transaction fees to CBE as outlined below, based upon the value of the transaction.
10.
Tax: The buying Member must remit all applicable taxes and other amounts owing to governmental authorities and to the selling
Member at the time of each transaction. The selling Member will make proper payment to applicable governmental authorities.
11. Transaction Records: CBE will provide statements to the Member detailing all transactions and transaction fees
on a monthly basis. CBE will be entitled to treat everything shown on a statement as complete, correct and binding on the
Member unless the Member gives written notice of an error in or omission from the statement by not later than 30 days after
the statement date recorded on that statement.
12. Voiding Transactions: CBE in it's sole discretion may refuse to
credit the account of a selling Member (or debit the account of a buying member), or may charge back to the selling Member
and the buying Member the total amount of TD in any transaction in any of the following circumstances: · a) The signature
appearing on the transaction slip is claimed by the buying Member to be forged and that the signature is not reasonably similar
to the signature on the Card. · b) The buying Member does not receive the merchandise or services described in a Transaction
Slip. · c) The Transaction Slip is illegible or unauthorized. · d) The transaction evidenced by the Transaction
slip is for any reason illegal, void or invalid. · e) The selling Member has attempted to reduce, increase or disguise
the amount of the transaction. · f) A copy of the same Transaction Slip has been deposited more than once. · g)
The selling Member has attempted to process a fictitious Transaction Slip. · h) The Member has failed to comply with
the terms of this Agreement as revised from time to time. · i) Any other circumstances which CBE considers appropriate
to refuse to credit the selling Member?s account in whole or in part. · j) The buying Member has insufficient funds
to complete a transaction. CBE has the right to refuse to credit the account of a selling Member even in those cases where
the selling member has obtained authorization for the TD amount of the transaction or has otherwise complied with this Agreement.
CBE will notify the Member of each refusal to credit and each debit to a designated account under this section. If a Member
does not dispute a credit refusal or debit in writing to CBE within seven (7) business days of the date of the credit refusal
or debit was made, it will mean that the Member has accepted that credit refusal or debit.
13. Transaction Disputes:
CBE will not be responsible to the buying Member for the quality or fitness of any goods or services acquired with the use
of the card which will be the sole responsibility of the selling member. CBE is not responsible for any conflicts between
members that results from any exchanges, including without limitation, overpricing practices or a member?s refusal to carry
out a transaction. CBE acts only as an administrator of a network of members, and is in no way responsible for agreements
between and among members. All claims by a buying Member and all disputes concerning a transaction evidenced by a transaction
slip will be settled by the selling Member and the buying Member directly. Any refund or other adjustment will be in the form
of a credit voucher. CBE will be entitled to transaction fees from both the buying Member and selling Member in each such
case based on the amount of the credit voucher.
14. TD As Gifts: A Member who transfers TD between branches or to
their employees will be charged transaction fees as described below under fees.
15. Inactive Transaction Agreements:
All transactions must be processed immediately by the selling Member. Transaction Slips not processed within one month from
the date of a transaction may be considered expired and neither CBE nor the buying Member may be obligated to honor these
transactions.
16. Cards: CBE issues and retains ownership of all Cards. Cards are not transferable. Cards must be
returned to CBE on demand.
17. Stolen Cards: If a card is lost or stolen, the Member will advise a CBE at its nearest
Regional Office in writing within one business day of discovering the loss or theft. The Member remains responsible for all
transactions related to a card that is lost or stolen until the Member provides such notice to CBE on a business day.
18.
Under no circumstances may TD be converted or sold for Canadian currency, or any other currency, by the Member. A member who
violates this term of this agreement, or attempts to violate this term of the agreement, may be immediately terminated from
the membership.
19. Loans: In order to facilitate administration, CBE may from time to time issue a line of credit
or a loan in TD to a qualified Member. If the Member fails to pay any or lines of credit within 5 days of demand the Member
will pay to CBE a number of Canadian dollars equal to the number of TD's in the TD loan or line of credit.
20. Transaction
Fees: The Member agrees to participate in CBE's pre-authorized debit plan ("Pre-Authorized Debit") and authorizes CBE to draw
debits, in paper, electronic or other form, on the CBE trade account indicated on the face of this Agreement (the "Account")
for the payment of fees owing to CBE under this Agreement from time to time. The Member agrees that a fee may be charged to
its account by CBE for each debit not honoured due to insufficient funds, or for any other reason. In the event that CBE is
unable to recover fees as prescribed through the Pre-Authorized Debit process outlined in this Agreement, all overdue amounts
will bear interest at the rate of 24% per annum. The Member may revoke this Pre-Authorized Debit authorization at any time
by delivering a written notice of revocation to CBE provided that the Member provides another means of payment acceptable
to CBE. The member agrees that the revocation by the Member of a Pre-Authorized debit will not affect any of the obligations
of the member to CBE under this agreement. This Pre-Authorized Debit authorization applies only to the method of payment and
does not have any bearing on any contract for goods and services exchanged between members.
22. CBE may, from time
to time, issue directions to the Member regarding procedures to be followed and prescribed forms to be used to carry out this
Agreement. Such directions, procedures and forms will be binding upon the Member upon receipt thereof, unless the Member elects
to give immediate notice of termination of this Agreement to CBE in writing.
23. Termination of Agreement: This Agreement
will remain in full force and effect until written notice of termination by either party is received by the other party. All
obligations of the parties in respect of any transaction entered into prior to termination will survive such termination.
A Member terminated by CBE will have 90 days from receipt of such notice to use all TD it has on account failing which all
such unused TD will be forfeited absolutely to CBE.
Terms and Conditions
By clicking on the “I ACCEPT” button or accessing and using the BARTER PLANET website (the “Site”),
you (“User”) agree that you have read, understood and accepted the Terms and Conditions below for all use of the
BARTER PLANET services (the “Services”). If you do no agree to these Terms and Conditions, do not use any of the
Services.
These Terms and Conditions May Change
Barter Planet, LLC (“Barter Planet”) reserves the right to update or amend these Terms and Conditions at any
time. The amended Terms and Conditions shall automatically be effective five (5) days after they are posted on the Site. Your
continued use of the Services after the effective date of any posted change constitutes your acceptance of the amended Terms
and Conditions as modified by the posted changes. For this reason, we encourage you to review these Terms and Conditions
whenever you use the Services. The last date these Terms and Conditions were revised is set forth below. BARTER
PLANET May Change or Suspend Services
BARTER PLANET may, at its sole discretion, terminate or suspend access to the Services or any portion thereof of any user
for any reason.
Registration Information
To use our Services, you must complete the registration process that is presented upon your acceptance of the Terms and
Conditions. During the registration process, you agree to: (a) provide true, accurate, current and complete information about
yourself as prompted by the forms, (b) to maintain and update this information to keep it true, accurate, current and complete,
and (c) notify us immediately of any unauthorized use of your account or any other breach of security. If any information
provided by you during the registration process is untrue, inaccurate, not current or incomplete, we have the right to terminate
your account and refuse any and all current or future use of the Services.
Passwords
Upon registration for the Services, you will be asked to set a password of which you will have the option to reset from
time to time. You understand that you are solely responsible for maintaining the confidentiality of your password, and that
you shall be solely and fully responsible for all activities that occur under your password. Barter Planet shall not be responsible
for any loss, claim or other liability that may arise from the unauthorized use of any password and you agree to indemnify
Barter Planet for any violation of this paragraph. If a password is lost or stolen it is the user’s responsibility to
notify Barter Planet, so that the missing password can be deactivated and a new one assigned.
Eligibility
By clicking the “I ACCEPT” button you are representing that you are: (1) at least 18 years old; (2) capable
of entering into a legally binding agreement; (3) a resident of the Continental U.S.; (4) will use the Services only for personal
use and not for commercial use and (5) will not transfer membership account or username to others.
Site Content
The Site and its contents may only be used in accordance with the terms of this Terms and Conditions. All materials displayed
on the Site including, but not limited to text, graphics, postings, presentations, user communications, comments, photographs,
images and illustrations, shall be referred to herein as “Content.” User shall abide by all copyright and trademark
notices, information, and restrictions contained in any Content accessed through the Services.
The Site is protected as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions
and other copyright laws. User may not publish, participate in the transfer or sale of, reproduce or distribute any of the
Content, modification or derivative work thereof, in whole or in part.
Illegal and/or unauthorized uses of the Site, including collecting usernames and/or email addresses of members by electronic
or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Site will be investigated,
and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.
Other than the User Content (as defined below), all of the Content you see, hear or otherwise experience through the Services
and the Site are subject to trademark, service mark, trade dress, copyright, trade secret, patent, and/or other intellectual
property rights or licenses held by Barter Planet or by third parties who may own them.
User Content
“User Content” means any Content sourced or supplied by a User (including but not limited to communications
within the Site such as postings, comments and suggestions). User acknowledges and agrees that if User contributes any User
Content to the Site, User grants to Barter Planet a perpetual, non exclusive worldwide, royalty-free, transferable right to
use and exploit in anyway such User Content (including all related intellectual property rights) to provide the Services.
User warrants, represents and agrees that it will not contribute any User Content that is false, inaccurate, misleading, infringing,
libelous, defamatory, obscene, pornographic, abusive, offensive or otherwise violates any law or right of any third party.
Barter Planet reserves the right to remove any User Content from the Site at any time, for any reason (including, but not
limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Content or if Barter
Planet is concerned that User may have breached the immediately preceding sentence), or for no reason at all.
The following is a partial list of the kind of User Content that is illegal or prohibited on the Site. Barter Planet reserves
the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision,
including without limitation, removing the offending communication from the Services and terminating the membership of such
violators. It includes User Content that:
- harasses or advocates harassment of another person;
- promotes information that a User knows is false, misleading or promotes illegal activities or conduct that is threatening,
obscene, defamatory or libelous;
- promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs
or links to them, providing information to circumvent manufacture-installed copyright-protect devices, or providing pirated
music or links to pirated music files;
- displays pornographic or sexually explicit material of any kind;
- provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's
privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and
- is patently offensive to the online community, such as User Content that promotes racism, bigotry , hatred or physical
harm of any kind against any group or individual;
Even though all of the above is strictly prohibited, there is a small chance that a User might become exposed to such content
and User further waives his/her right to any damages (from any party) related to such exposure.
The “No Barter List”
You agree that you will not post listings on our site that offer any services or items that can cause us to violate any
applicable law, statute, or regulation, or that violates our current “No Barter List” as follows:
- Perishable items;
- Items or services that violate human rights;
- Items or services that violate safety;
- Pirated copies of music, software or movies;
- Services or hardware or software that enable the making of pirated copies of music, software or movies;
- Tobacco
- Illegal drugs, prescription drugs, drug paraphernalia;
- Alcohol, wine;
- Pornography;
- Counterfeit items or currency;
- Lockpicking devices;
- Lottery tickets;
- Police-related items;
- Human organs or remains;
- Weapons of any type (including guns, ammunition, knives);
- Mailing lists of any kind;
- Hazardous materials;
- Illegal identification documents;
- Stocks, securities;
- Trading of people, children, pets, animals, seeds and plants;
- Stolen property;
- Surveillance equipments.
Copyright Policy
User may not post, distribute, or reproduce in any way any copyrighted material, trademarks or other proprietary information
without obtaining the prior written consent of the owner of such proprietary rights. Any person believing that their copyrighted
material is being posted on the Site should contact Barter Planet through Barter Planet’s [ Contact Us] Page. Disclaimer
USER UNDERSTANDS THAT THE SITE IS A VENUE TO BARTER, PURCHASE AND SELL GOODS AND SERVICES. USER ACKNOWLEDGES AND AGREES
THAT USER’S EXCHANGE OF GOODS AND SERVICES IS A TRANSACTION BETWEEN THE RESPECTIVE SENDER AND RECEIVER AND NOT WITH
BARTER PLANET. BARTER PLANET IS NOT A PARTY TO ANY TRANSACTION ON THE SERVICES. BARTER PLANET HAS NO RESPONSIBILITIES, LIABILITIES
OR CONTROL WITH RESPECT TO THE SERVICES AND PRODUCTS LISTED ON THE SITE AND HAS NO CONTROL OVER THE TRUTH OR ACCURACY OF ANY
SERVICE OR PRODUCT DESCRIPTIONS AND THE QUALITY, SAFETY OR LEGALITY OF ANY SERVICE OR PRODUCT.
BARTER PLANET MAKES NO ASSURANCES THAT USER WILL BE ABLE TO EXCHANGE ANY PRODUCTS OR SERVICES, THAT PRODUCTS OR SERVICES
WHICH USER WISHES TO EXCHANGE FOR WILL BE AVAILABLE, THAT OTHER USERS WILL WANT TO EXCHANGE FOR PRODUCTS OR SERVICES OWNED
BY USER, OR ANY OTHER MATTER. A USER'S SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICE OR ANY MATTER RELATING THERETO IS
TO STOP USING THE SERVICE.
USER ASSUMES ALL RISKS WITH RESPECT TO THE USE AND OPERATION OF THE SITE AND AGREES THAT THE SITE IS PROVIDED "AS IS, WHERE
IS" AND AS AVAILABLE. BARTER PLANET MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT OF THE SITE,
THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE SERVICES, 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 PLANET DISCLIAMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING,
WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON -INFRINGEMENT.
[Barter Planet shall have no responsibility to, and does not, investigate the background of, or confirm the identity of,
any User. A User-initiated feedback system may be available on the Services to help User evaluate 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 Planet.]
No Endorsements of Content
Barter Planet does not represent or endorse the accuracy, reliability, integrity or legality of User Content. Barter Planet
hereby disclaims any liability for any User Content, including, but not limited to, any errors or omissions in any User Content
or for any loss or damage of any kind incurred as a result of the use of or reliance on any User Content posted, emailed or
otherwise transmitted via the Services. Barter Planet shall have no obligation to review the User Content. Barter Planet shall
have the right, but not the obligation, in its sole discretion, to correct any errors or omissions in any portion of the Services
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 User Content, in whole or in part, that in Barter Planet’s sole discretion is in violation of
this Agreement.
No Endorsements of Third Party Links
References on the Site to any hypertext links to third party sites or information, do not necessarily constitute or imply
an endorsement, sponsorship, or recommendation of the third party, information, product or service by Barter Planet. Barter
Planet does not endorse nor make any warranties or representations about any web site you may access through the Site, including
the availability or accuracy of such web sites or resources. ANY LINKS TO OTHER SITES ARE PROVIDED FOR CONVENIENCE ONLY. You
need to make your own decisions regarding your interactions or communications with any other web site.
Disputes
Barter Planet is not a party to, and shall not be involved in or responsible for, transactions, agreements and/or disputes
between Users, including without limitation those arising from, related to or in connection with the Services ("Dispute").
In the event of a Dispute, User agrees to release, and does hereby release, Barter Planet (and its officers, directors, 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 Planet in any Dispute or litigation arising out of or related to any transaction,
agreement or arrangement with any receiver, sender, or other User or third party in connection with the Services. If User
nonetheless attempts to do so, (i) User shall pay all costs and attorneys' fees of Barter Planet and shall provide indemnification
as set forth below, and (ii) the jurisdiction for any such Dispute or litigation shall be limited as set forth in paragraph
titled “Governing Law” below.
User Transactions
If User posts a product or service for barter, User agrees to accept offers and trade the product or service according
to the terms of the posting. For all products or services listed by the User, User represents, warrants and covenants to Barter
Planet that: (i) all information User is prompted to provide about a product or service User lists ("Posting Information")
shall be accurate and complete and shall accurately represent the condition or quality of the product or service at the expected
and actual trade date; and (ii) User shall promptly update Posting Information should it become inaccurate, incomplete or
misleading. Barter Planet reserves the right, at its sole discretion, to prohibit posting of any products or services or categories
of products or services and may remove products or services from posting at any time without notice.
All bartering transactions must be between Users who are located within the Continental U.S., and no packages will be sent
outside of the Continental U.S.
Confidentiality
User shall hold confidential and shall not disclose, transmit, use or otherwise exploit personal or company names, addressees,
telephone numbers, email addresses, listings, fees and pricing information or any other information regarding, or provided
by, other Users in connection with the Services, except as strictly necessary to conduct and fulfill bona fide exchanges through
the Services solely on User’s own behalf in accordance with this Terms and Conditions. Without limiting the foregoing,
in no event shall User collect, store, extract, sell, transfer or disclose any listing or compilation of Users in any way
relating to the Services.
Compliance with Laws
User, and not Barter Planet, shall be responsible for compliance with all laws, regulations and ordinances connected with
the User's posting, bartering, and other use of, the Services. User shall not list or barter items that are illegal using
the Services. User must provide all required and appropriate 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 posting and exchanging on the Services. If the Services do not provide adequate facility or features for User to
provide such Information and Actions, then the User shall not use the Services to list or barter the respective items.
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 laws or regulations promulgated by any state
or federal regulations or laws.
Termination
[User may close User's account by going to the appropriate account section on the Site or sending an email to BarterPlanet@gmail.com .] Barter Planet 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 Terms and Conditions or other rules and policies
established by Barter Planet. Upon termination of User's account, User shall remain liable for all charges, fees, commitments
and obligations incurred or accrued by User as of the date of termination. Upon termination, Barter Planet shall have the
right to delete any User 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 Services. All provisions
of these Terms and Conditions which by their nature should survive termination shall survive termination, including, without
limitation, ownership provisions, disclaimers and limitations of liability. Resale of Services
You agree not to resell the Services or use of or access to the Services. Privacy Policy
Click here to read Barter Planet’s Privacy Policy . Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL BARTER PLANET OR ITS EMPLOYEES, OFFICERS
OR DIRECTORS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES OR LOSSES, INCLUDING
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR IN CONNECTION
WITH USE OR ACCESS TO THE SITE OR USE OF THE SERVICES, WHETHER OR NOT BARTER PLANET HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.
If you are dissatisfied with the Services or any content on the Site, or with these Terms and Conditions, your sole and
exclusive remedy is to discontinue using the Services and accessing or using the Site. You acknowledge, by your use of the
Services or access or use of the Site, that your use of the Services or use of or access to the Site is at your sole risk.
Applicable law may not allow the limitation of liability set forth above, so this limitation of liability may not apply
to you. Indemnity
You agree to indemnify, defend and hold harmless Barter Planet, its employees, officers and directors from and against
any and all claims, liabilities, penalties, settlements, judgments, fees (including reasonable attorneys’ fees) arising
from or due to or in connection with your use of or conduct on the Services.
Governing Law
These Terms and Conditions shall be interpreted in accordance with the laws of the State of Connecticut without regard
to conflict of laws principles. All claims arising from this Terms and Conditions must be filed in the state or federal courts
located in Connecticut . Miscellaneous
If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be deemed superseded
by a valid enforceable provision that most closely matches the intent of the original provision and the remaining provisions
shall be enforced. Barter Planet’s failure to act with respect to a breach by any User does not waive Barter Planet’s
right to act with respect to subsequent or similar breaches. The failure of Barter Planet to exercise or enforce any right
or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. The section headings
and subheadings contained in these Terms and Conditions are included for convenience only, and shall not limit or otherwise
affect the terms of these Terms and Conditions. These Terms and Conditions which includes our Privacy Policy , constitutes the entire agreement between Barter Planet and User with respect to the subject matter hereof.
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