Agreement
The following Trading Regulations constitute the contract between BarterItOnline User and BarterItOnline, Inc., and are part of the BarterItOnline User Application. Any trade purchases or sales by a User constitutes acceptance of all terms and conditions of the BarterItOnline Trading Regulations. Trading Regulations apply to any and all users, brokers, or companies using BarterItOnline. At its sole discretion, BarterItOnline may change, delete, or add to Trading Regulations by giving user thirty (30) days written notice. Notice must be authorized and issued from the BarterItOnline Corporate Office. Any trade purchase or sale after the thirty (30) day notice period constitutes acceptance of the changes of the Trading Regulations.

Participation
The BarterItOnline E-Marketplace/Barter Exchange is a service to individuals, businesses, corporations, and professional organizations. Users who have joined together to barter their goods and service s among themselves through an organized system which is regulated by the record keeping and administrative services of BarterItOnline, which functions as the clearinghouse for the transactions of its membership. BarterItOnline also acts as a third party record keeper and administers the clearinghouse functions for Users of the association who subscribe to BarterItOnline record keeping and related barter services.  If the users of BarterItOnline choose to use another currency to complete the transaction other than BarterItOnline, then BarterItOnline will not be involved in capacity other than that of a free bulletin board for the sharing of information.

BarterItOnline 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 BarterItOnline site may be believed to be harmful, offensive, or inaccurate, and in some cases may be mislabeled or deceptively labeled. BarterItOnline hereby disclaims any liability for any Content, including, but not limited to, any errors or omissions in 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. BarterItOnline shall have no obligation to review Content posted to the service by users or by BarterItOnline. BarterItOnline 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 BarterItOnline'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 BarterItOnline 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.

Trade Procedure
When a sale is agreed upon, the SELLER obtains an authorization number, which must be secured from BarterItOnline. BarterItOnline has no obligation to post a transaction unless an authorization was obtained at time of sale. BarterItOnline reserves the right to refuse to issue an authorization number under any of the following conditions:

• Buyer does not have sufficient BarterItOnline to cover purchases.
  

• Either party is not a user in good standing. Definition of Users in good standing: a User who complies with the current Trading Rules and any other agreements in effect with BarterItOnline, who is current in any fees or E-Dollars owing to BarterItOnline and who is a user in good standing. Only Users in good standing are entitled to the services of BarterItOnline.

Trade Fees
The SELLER pays a commission fee to BarterItOnline on PURCHASES only. There are no other membership, maintenance, or service fees. Cash transaction fees are charged to the user's credit card at the time of the transaction.

 The transaction fees on sales range from 8% to 4% and 
are determined based on annual trade volume.

There is no transaction fee on sales. BarterItOnline charges transaction fees for any purchases completed using BarterItOnline.  

In the event that a User fails to pay any fees or charges or any other monies which become payable to BarterItOnline under this Agreement by the date upon which they become payable, then BarterItOnline shall be entitled to charge interest in cash on the cash amounts outstanding at the rate of 18% per annum, compounded monthly, until paid.

If a User is in arrears of payment to BarterItOnline of any fees or charges for more than 21 days BarterItOnline may freeze the User's Trade Account and prevent that User from participating as a purchaser in any Trade until satisfactory arrangements are made with BarterItOnline for payment of the arrears.

To better secure payment of all monies payable by a User to BarterItOnline, each User grants to BarterItOnline a charge over all E-Dollars credited to that User's Trade Account for the amount of all unpaid fees and charges owed to BarterItOnline from time to time.

BarterItOnline shall, at its sole discretion, be entitled to require immediate pre-payment in cash of the Transaction Fees which will become payable on the debit or credit balance of the User's Trade Account.

E-Dollars and Accounts
It is understood that non-cash barter currency issued by BarterItOnline ("E-Dollars") and/or other funds may be required in order to buy and sell on the service. Users and BarterItOnline acknowledge and agree that E-Dollars are not bank deposits, legal tender, securities or commodities, and may not be redeemed for cash, nor are they FDIC insured. In no event shall BarterItOnline be required to refund, redeem, or pay any amounts to User for any E-Dollars, or allow conversion or liquidation of E-Dollars. Notwithstanding the foregoing, BarterItOnline may, from time to time, offer special promotions to Users whereby BarterItOnline may, at its sole discretion, provide refunds to Users of E-Dollars, up to an amount equivalent to the number of E-Dollars purchased by the User from BarterItOnline. Except as otherwise expressly approved by BarterItOnline in advance in writing, E-Dollars shall not be transferable, and User shall not transfer, assign, pledge or hypothecate any E-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 BarterItOnline. From time to time and at BarterItOnline's sole discretion, BarterItOnline may allow User to purchase E-Dollars from BarterItOnline using U.S. dollars or other currency approved by BarterItOnline.

When User requests to purchase an item, E-Dollars may be immediately deducted from User's account as required for the transaction. When User sells an item, E-Dollars may be passed to User's account subject to restrictions during a vesting or escrow period. Without limiting the foregoing, BarterItOnline reserves the right to restrict use of such E-Dollars for a period of thirty (30) days from the time of the sale.

User agrees that: (i) BarterItOnline does not guarantee that User will be satisfied with selection of, or prices for, products or services available on the service; (ii) BarterItOnline will not pay interest on balances in User's account; (iii) BarterItOnline does not guarantee that there will be adequate currency reserves to cover all outstanding claims in the service; (iv) BarterItOnline reserves the right to recall all loans and obligations, if any, at any time, and (v) BarterItOnline does not take responsibility for, and shall not be liable for, any act or omission of BarterItOnline which does not constitute gross negligence or willful misconduct on the part of BarterItOnline 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.

BarterItOnline shall have the right, but not the obligation, in its sole discretion to: (i) restrict use of E-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 E-Dollars stored in User's account; (iii) offset or apply E-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 BarterItOnline, to other users, or to advertisers, partners, suppliers and service providers of BarterItOnline (collectively, "service Providers"); (iv) offset amounts due to BarterItOnline or service Providers against amounts or liabilities owed to User, whether in cash or E-Dollars; (v) cancel, freeze and/or otherwise restrict User's account or the use of E-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 BarterItOnline.

BarterItOnline 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 BarterItOnline by mail in writing to the address identified hereinunder that User disputes the accuracy of the statement.

Unless otherwise expressly stated by BarterItOnline, all fees and payments to BarterItOnline and service Providers shall be made in U.S. Dollars. Notwithstanding the foregoing, BarterItOnline shall have the right, but not the obligation, to accept E-Dollars in satisfaction of fees, in whole or in part, and to deduct corresponding amounts from User's account.

Trading Assistance
User acknowledges that the sole principals in any trade are the buyer and the seller.

User acknowledges that trades are entered into voluntarily, and that BarterItOnline is not a guarantor of any transaction. BarterItOnline will use its best efforts to record trades accurately, to administer the trading regulations in accordance with their terms, and to assist in the sale of users' goods and services to other BarterItOnline users. However, the initiative for using BarterItOnline services for economic benefit is exclusively that of the user. BarterItOnline shall use its best efforts to enroll new individuals and businesses with products and services to meet the needs of users. Ultimately, the responsibility of bring goods and services to the exchange is the responsibility of its users. BarterItOnline is responsible if a user cannot find specific products or services or customers for their products and services.
 
Special Trade Procedures
The following applies to transaction involving a cash portion. Any cash payments are the sole responsibility of the buyer and the seller. BarterItOnline is only responsible to record the transaction according to the guidelines outlined in "Record Keeping" and BarterItOnline is not responsible for the interpretation or fulfillment of any of the obligations of the buyer and seller.

On all products and scrip for services owned and sold by BarterItOnline, the only warranty BarterItOnline makes is that it has title free and clear from any lien or encumbrance. Products are sold "As is, where is". BarterItOnline makes no warranty either express or implied, by operation of law or otherwise as to the merchantability or fitness for a particular purpose of such products or services, and Buyer shall look solely to the manufacturer, distributor or retailer of such merchandise for any warranty. 
 
Record Keeping
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 BarterItOnline for such actions as set forth herein. BarterItOnline 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 BarterItOnline 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. BarterItOnline shall have the right to use the Registration Information for such uses as reasonably required or advisable for the service. User agrees that BarterItOnline shall have the right to remove from the service or take any other action with respect to the Registration Information deemed appropriate in BarterItOnline'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 BarterItOnline, its users and the public.

Administration of the Trade Exchange
A "trade" is a barter purchase or sale for goods or services. Payment is made by posting the debits and credits to the buying and selling users' accounts, pursuant to these Rules. An "E-Dollar" is an accounting unit used to record the value of trades determined by the selling user. The assumed value is ONE E-DOLLAR = ONE US DOLLAR. E-Dollars denote the right to receive goods and services of other users, or the obligation to provide goods and services to other users. E-Dollars may not be redeemed for cash. User grants BarterItOnline the right to make E-Dollar loans to any user on terms and conditions consistent with user's credit worthiness and ability to repay. User acknowledges and grants to BarterItOnline the right and power to regulate and control the number of E-Dollars.
 
Trading Regulations/Termination
BarterItOnline reserves the right, at its sole discretion, to suspend the trading privileges of any user who is in violation of any local, State or Federal law, who engages in overpricing, direct trades, or otherwise violates these Rules, or when cash or trade fees are due for more than thirty (30) days. In the latter case trading privileges shall be reinstated immediately upon payment. Either party may terminate this Agreement upon thirty (30) days written notice to the other party. Upon termination, all cash and E-Dollar service fees outstanding become due and payable. No service fee will be refunded. Any User with a negative trade balance (where purchase exceed sales) must balance their account within thirty (30) days. After that period, user must immediately pay BarterItOnline any remaining negative balance in cash. Any negative balance not paid within the 30 days may be turned over to a registered collection agency for collection, and any legal expenses or attorney fees involved in the collection will be paid by the user. User with a positive trade balance (where sales exceed purchases) may spend the positive balance within one hundred and twenty (120) days.

Listing and Use of a User's Trading Information
A User's trading information includes any information provided to BarterItOnline during the registration, buying or listing process. With respect to this Trading Information:

Each User is solely responsible for their trading information, and BarterItOnline acts as a passive conduit for their online distribution and publication of that information. However, BarterItOnline reserves the right to take any action with respect to such information deemed necessary or appropriate at our sole discretion if we believe it may create liability for us or may cause us to lose (in whole or in part) the services of our suppliers.

Each User agrees to indemnify and hold harmless BarterItOnline and its agents with respect to any claim based upon the publication or transmission of your trading information.

Each User's trading information and the sale of item(s) on the BarterItOnline site:

(a) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;

(b) shall not violate any law, statute, ordinance or regulation;

(c) shall not be defamatory, trade libelous, unlawfully threatening or harassing;

(d) shall not be obscene or contain child pornography or, if other than pornographic or indecent, shall be available only to people legally permitted to receive such content;

(e) shall not contain any virus or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.

A User may not post or publish on the site any trading information that could cause BarterItOnline directly or indirectly to violate any applicable law, statute, ordinance or regulation.

The price (in E-Dollars) of the products or services a User publishes must not be inflated, and must comply with any recommended retail or recommended wholesale prices issued by BarterItOnline from time to time. If a User breaches this clause, BarterItOnline may instigate the following procedure:

(a) BarterItOnline may give written notification of the breach of this clause and request compliance with this clause; and

(b) if after receiving a notice from BarterItOnline pursuant to above (a), a User breaches this clause again, BarterItOnline may immediately terminate their membership.

Solely to enable BarterItOnline to use the trading information supplied by a User, so that we are not violating any rights that a User might have in that information, each User agrees to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright and publicity rights (but no other rights) held in the trading information, in any media now known or not currently known. BarterItOnline will only use such trading information to facilitate the trading activity and to promote increased membership of BarterItOnline.

Use of other Users' Information
Each User agrees that, with respect to other Users' personally identifiable information that can be obtained through the web site, this information may be used only for:

(a) BarterItOnline related communications that are not unsolicited commercial messages, and

(b) any other purpose that such User expressly opts into after adequate disclosure of the purpose(s). In this case a User must give other Users an opportunity to remove themselves from any database and a chance to review what information has been collected about them.

Under no circumstances can a User disclose personally identifiable information about another User to any third party without the consent of BarterItOnline and the consent of the other User.

A User whose Trade Account has a debit balance is liable to either:

(a) supply products or services to other Users in accordance with this Agreement to an equivalent value; or

(b) to pay to BarterItOnline an amount in cash equivalent to the amount in E-Dollars of the debit balance.

Providing a Line of Credit to Users
The User's credit limit is the maximum amount of approved credit that applies to their account. Any purchases from a User's account will be applied firstly from any positive balances and secondly from the credit limit.

Repayments to the User's Account
If a User makes a purchase from their account and has not made reasonable attempts to make sales within 90 days of that first purchase then BarterItOnline reserves the right to seek a repayment reduction of the credit limit by an amount not exceeding 20% of the outstanding balance.

Trade Transactions
Where BarterItOnline has granted Authorization in respect of a trade, BarterItOnline shall record the trade in the Trade Accounts of the Seller and the Buyer.

BarterItOnline has the right to charge a commercial fee for accounting and associated costs incurred including, but not limited to: returned checks, direct debits that are not accepted, and failed credit card transactions.

All trades are to be conducted on a 100% trade basis unless the Seller has, before entering the trade, obtained the consent of BarterItOnline to trade in cash or partly in cash and partly by way of E-Dollars, which consent may be withheld by BarterItOnline at its sole and absolute discretion.

Any trade of T$10,000 value or greater may be conducted as part trade and part cash with the consent of BarterItOnline.

Each User shall be responsible for complying with any requirements relating to any applicable sales, consumption, excise or other taxes required by law and under no circumstances shall BarterItOnline be responsible to pay or collect any such taxes on behalf of any User.

BarterItOnline shall not under any circumstances have any obligation to any User to redeem or convert to cash or pay any amount for or in respect of E-Dollars recorded in a User's Trade Account.

All transactions conducted by Users shall be deemed to be conducted by them as principals and not as agents of or through BarterItOnline and BarterItOnline shall not under any circumstances be deemed to:

(a) be a party to the Trade(except in the provision noted below in "Trading By BarterItOnline"); or

(b) guarantee any Trade or E-Dollar; or

(c) be otherwise liable in any way to the Users in respect of the transaction.


Trading by BarterItOnline
BarterItOnline may participate in the BarterItOnline Network as if it was a User and BarterItOnline will establish BarterItOnline Trade Account for such purpose.

Where BarterItOnline participates in a trade with a User, BarterItOnline shall debit or credit BarterItOnline Trade Account and correspondingly credit or debit the Trade Account of the other User participating in the Trade with BarterItOnline.

Breach of Agreement
If BarterItOnline suspects that a User has breached this Agreement, BarterItOnline may: 

(a) give notice of the breach to the defaulting User and request the User to show cause in writing to BarterItOnline within 7 days as to why its membership in the BarterItOnline Network should not be terminated; or

(b) immediately and without notice suspend the User's right to participate in the BarterItOnline Network.

In the event of breach of the Agreement by a User, the User shall pay to BarterItOnline all legal and other costs and expenses incurred by BarterItOnline in enforcing this Agreement on a full indemnity basis together with interest at the rate of 18% per annum (or such other rate prescribed by BarterItOnline from time to time) from the date such costs become payable or are incurred until the date on which the User makes payment.

Termination of Membership
A User may terminate its membership of the BarterItOnline Network at any time upon the giving of at least 7 days' notice to that effect to BarterItOnline in which case upon the expiry of the period set out in the notice, the User's right to participate in the BarterItOnline Network shall cease.

Upon termination of a User's right to participate in the BarterItOnline Network:

(a) the User shall immediately return to BarterItOnline all membership cards, blank transaction vouchers and all other documents and property of BarterItOnline or relating to the BarterItOnline Network; and

(b) the User shall bring its Trade Account to a zero balance by means agreeable to BarterItOnline within 90 days.

Indemnification
User shall indemnify, defend and hold harmless BarterItOnline, and all of its subsidiaries, affiliates, officers, directors, owners, agents, co-branders or other partners, 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 BarterItOnline's rules or policies, or User's representations, warranties and covenants contained herein; (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.

Notices
Except as explicitly stated otherwise, any notices shall be given by email to barteritonline@cybercom.net (in the case of BarterItOnline) or to the email address you provide to BarterItOnline during the registration process (in your case), or such other address as the party shall specify. Notice shall be deemed given 24 hours after the email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to BarterItOnline during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.

Waiver
Any failure or delay by BarterItOnline in exercising any of its rights or powers shall not constitute a waiver thereof and any non-exercise of any right or power shall not preclude any future exercise of such right or power.

Severance
If any part of this Agreement is or becomes invalid, void, illegal or unenforceable, it shall not affect the validity and enforceability of all other parts of this Agreement.

Disclaimer
BarterItOnline makes no representation or warranty either express or implied as to the quality, supply or availability of any products or services in the BarterItOnline Network and any implied warranties as to the fitness, quality or merchantability of any products or services or the supply thereof are expressly excluded to the fullest extent permitted by law.

BarterItOnline shall not be responsible for and disclaims all responsibility or liability for transactions that are not conducted in accordance with this Agreement.

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