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Terms of Service

Welcome to BarterThing.com, the service for users to barter goods and services. BarterThing.com (“BarterThing”). By using the BarterThing.com Website, (the "Website") you agree to be bound by these Terms of Use (this "Agreement"), whether or not you register as a member of BarterThing.com ("Member"). If you wish to become a Member and make use of the BarterThing.com service (the "Service"), please read these Terms of Service. If you object to anything in this Agreement or the BarterThing.com Privacy Policy, do not use the Website or the Service. The Terms of Service are subject to change by BarterThing.com at any time, effective upon posting on the BarterThing.com website, and your use of the Service after such posting will constitute acceptance by you of such changes.

PRIVACY

Please review our Privacy Policy which also governs your visit to BarterThing.com, to understand our practices.

1. Acceptance of Terms of Service Agreement. This Agreement is an electronic contract that sets out the legally binding terms of your use of the Website and your membership in the Service. When you visit BarterThing.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This Agreement may be modified by BarterThing.com from time to time, such modifications to be effective upon posting by BarterThing.com on the Website. This Agreement includes BarterThing.com's Restrictions and Conditions of Use posted on the Website, BarterThing.com's Privacy Policy, BarterThing.com's subscription policies and any notices regarding the Website. By accessing the Website or becoming a Member, you accept this Agreement and agree to the terms, conditions and notices contained or referenced herein.

2. Eligibility. You must be at least eighteen (18) years of age to register as a member of BarterThing.com or use the Website. Membership in the Service is void where prohibited. By using the Website, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.

3. Membership and Subscription; Pricing. You may become a Member of the Service by subscribing and obtaining a username and password at no cost. As a Member, you will have the ability to participate in some, but not all, of the features and services available within the Service. Facilitation of communication with other Members entails a fee which is subject to change at any time by BarterThing.com. The fee is solely for the purpose of facilitating communication between Members and may not result in an actual exchange or barter. You may not use the public portion of your Account or Profile to contact any other Members.

4. Term. This Agreement will remain in full force and effect while you use the Website and/or are a Member. BarterThing.com may terminate your membership by sending notice to you at the email address you provide in your application for membership, or such other email address as you may later provide to BarterThing.com. Profiles that remain inactive for one year are subject to termination by BarterThing.com. All decisions regarding the termination of accounts shall be made in the sole discretion of BarterThing.com. BarterThing.com is not required to provide you notice prior to terminating your membership. BarterThing.com is not required, and may be prohibited, from disclosing a reason for the termination of your account. Even after your membership is terminated, this Agreement will remain in effect. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.

5. Non-commercial Use by Members. Illegal and/or unauthorized uses of the Website, 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 Website may be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress. Use of the Website is with the permission of BarterThing.com, which may be revoked at any time, for any reason, in BarterThing.com's sole discretion.

6. Account Security. You are responsible for maintaining the confidentiality of the username and password that you designate during the Registration process, and you are fully responsible for all activities that occur under your username and password. You agree to (a) immediately notify BarterThing.com of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. BarterThing.com will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

7. Proprietary Rights All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of BarterThing.com its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of BarterThing.com and protected by U.S. and international copyright laws. All software used on this site is the property of BarterThing.com, its parent, subsidiaries or its software suppliers and is protected by United States and international copyright, trademark and service mark laws.

8. Your Interactions with Other Members. You are solely responsible for your interactions with other Members. You understand that BarterThing.com does not in any way screen its Members, nor does BarterThing.com inquire into the backgrounds of its Members or attempt to verify the statements of its Members. BarterThing.com makes no representations or warranties as to the conduct of Members. Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by BarterThing.com, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. In no event shall BarterThing.com be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Service, including without limitation, bodily injury, emotional distress, property damage, loss of use, and/or any other direct, special, incidental or consequential damages resulting from communications or meetings with other registered users of this Service or persons you meet through this Service. You agree to take reasonable precautions in all interactions with other Members of the Service. You understand that BarterThing.com makes no guarantees, either express or implied, regarding your transactions with individuals you meet through the Service. Under no circumstances will BarterThing.com or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Website or transmitted to or by any Members. You should not provide your financial information (for example, your credit card or bank account information) to other Members.

9. Conditions of Use; Content Posted by You.
a. You are solely responsible for the Content that you display or post on the Service, or transmit to other Members. You will not post on the Service, or transmit to other Members, any false, misleading, defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not provide inaccurate, misleading or false information to BarterThing or to any other Member. You will not misrepresent the nature or quality of the subject matter of your proposed or performed transactions. If information provided to BarterThing.com, or another Member, subsequently becomes inaccurate, misleading or false, you will promptly update your profile.

b. You understand and agree that BarterThing.com may review and delete any content, messages, double-blind emails, or photos (collectively, "Content"), in each case in whole or in part, that in the sole judgment of BarterThing.com violate this Agreement or which might be offensive, illegal, or that might harm or violate the rights or threaten the safety of Members.

c. By posting Content to any public area of BarterThing.com, you automatically grant, and you represent and warrant that you have the right to grant, to BarterThing.com, and other BarterThing.com Members, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.You further represent and warrant that public posting and use of your content by BarterThing.com will not infringe or violate the rights of any third party.

d. The following is a partial list of the kind of Content that is illegal or prohibited on the Website. BarterThing.com 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 Service and terminating the membership of such violators. It includes, but is not limited to, Content that solicits passwords or personal identifying information for commercial or unlawful purposes; provides misleading, false, deceitful information; is patently offensive to Members and others utilizing the Website, such as that which contains racist, homophobic language, is abusive, defamatory, or threatening; involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming"; contains unauthorized copyrighted material or access thereto; contains hidden pages, password-only pages; provides information on how to engage in activities prohibited by law; and engages in commercial activities without BarterThings’s prior written consent.

e. Your use of the Service, including but not limited to the Content you post on the Service, must be in accordance with any and all applicable laws and regulations.

f. You may not include in the public portion of your Profile or Account any telephone numbers, street addresses, last names, URLs, email addresses or any alternative methods of contact outside of BarterThing.com. Subsequent to payment of the transaction fee, the Service will automatically make your contact information available to enquiring Members.

g. You may not engage in advertising to, or solicitation of, other Members. This includes but is not limited to solicitation or advertising to buy or sell any products or services through the Service or to attend parties or other social functions or networking for commercial purposes. You may not transmit any chain letters or junk email to other Members. Although BarterThing.com cannot monitor the conduct of its Members off the Website, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent.

h. All information you include in your Account or Profile must be accurate, current and complete. You are solely responsible for maintaining your Account or Profile and keeping the information current.



10. Restricted and Prohibited Activities. Users and Members of BarterThing may not engage in any prohibited activities including, but not limited to, the following:

• use the Sites if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from our Site;
• post content, items, goods or services which violate any laws, third party rights, or our policies including the following list of prohibited items:
• Alcoholic Beverages
• Animals or Wildlife Products
• Batteries Containing Mercury
• Cigarettes
• Contracts and Tickets (unless allowed to be sold pursuant to all applicable federal, state, and local laws)
• Counterfeit Currency and Stamps
• Copyrights or Trademarks
• Counterfeit Items
• Credit Cards
• Drugs and Drug Paraphernalia
• Embargoed Goods and Goods from Prohibited Countries
• Firearms
• Fireworks
• Food (other than packaged food meeting all applicable federal, state, and local guidelines and standards)
• Government IDs and Licenses
• Hazardous, Restricted, and Perishable Materials
• Human Parts and Remains
• Lock-picking Devices
• Lottery Tickets
• Mailing Lists and Personal Information
• Police-Related Items
• Pornographic Material
• Postage Meters
• Satellite and Cable TV De-scramblers
• Stocks and Other Securities
• Stolen Property
• Surveillance Equipment
• Tobacco
• Used Medical Devices
• Weapons & Knives
• fail to deliver items or services bartered with you, unless the other Member fails to meet or materially alters the posted terms, or you cannot authenticate the other Member's identity;
• post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
• take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of the Site or for using it for purposes unrelated to BarterThing);
• distribute viruses or any other technologies that may harm BarterThing, or the interests or property of BarterThing users; or
• harvest or otherwise collect information about users, including email addresses, without their consent.

11. Rights of BarterThing. BarterThing.com reserves the right to investigate and terminate your membership if you have misused the Service, or behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal. BarterThing.com reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that BarterThing.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. Members are responsible for maintaining and keeping current their contact information. BarterThing.com is not responsible for Profiles or Accounts which contain inaccurate Member contact information. The following is a partial list of the type of actions that you may not engage in with respect to the Service and for which BarterThing may terminate your account: · You will not express or imply that any statements you make are endorsed by BarterThing.com without our specific prior written consent. · You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents. · You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights. · You will not remove any copyright, trademark or other proprietary rights notices contained in the Service. · You will not interfere with or disrupt the Services or the site or the servers or networks connected to the Services or the site. · You will not post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. · You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service. · You will not "frame" or "mirror" any part of the Service or the Website, without BarterThing.com's prior written authorization. You also shall not use meta tags or code or other devices containing any reference to BarterThing.com or the Service or the site in order to direct any person to any other web site for any purpose. · You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or the Website or any software used on or for the Service or cause others to do so. BarterThing.com may choose to temporarily change the fees for our services for promotional events (for example, free listing days) or new services, and such changes are effective when we post the temporary promotional event or new service on the Sites. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with the Sites in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel, and for accounts over 180 days past due, deducting the amount owed from your PayPal account balance.)

12. Copyright Policy. You 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. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide us with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. BarterThing.com's notice of claims of copyright infringement can be reached through the Contact Us page.

13. Member Disputes. You are solely responsible for your interactions with other BarterThing.com Members. BarterThing.com reserves the right, but has no obligation, to monitor disputes between you and other Members. BarterThing.com also reserves the right to take appropriate action against errant members. However, BarterThing.com is not obliged to share such action with other members, including complainants. BarterThing.com expressly disclaims any responsibility or liability for any transactions or interactions between the members inter-se.

14. Links to Third Party Sites. The Site may contain links to third-party websites or resources. You acknowledge and agree that BarterThing.com is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by BarterThing.com of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. For the terms and conditions governing your use of Partner Sites, refer to the terms of service governing those websites.

15. Disclaimers and Limitations of Liability.

YOU WILL NOT HOLD BarterThing.com RESPONSIBLE FOR OTHER USERS' ACTIONS OR INACTIONS, INCLUDING THINGS THEY POST. YOU ACKNOWLEDGE THAT THIS SITE IS A VENUE TO ALLOW ANYONE TO OFFER, BARTER, AND EXCHANGE JUST ABOUT ANYTHING, AT ANYTIME, FROM ANYWHERE, IN A VARIETY OF PRICING FORMATS AND VENUES. BarterThing.com IS NOT INVOLVED IN THE ACTUAL TRANSACTION BETWEEN MEMBERS AND USERS. WE HAVE NO CONTROL OVER AND DO NOT GUARANTEE THE QUALITY, SAFETY OR LEGALITY OF ITEMS ADVERTISED, THE TRUTH OR ACCURACY OF LISTINGS, THE ABILITY OF SELLERS TO SELL ITEMS, THE ABILITY OF OTHER MEMBERS TO PAY FOR ITEMS, OR THAT A OTHER MEMBER OR SELLER WILL ACTUALLY COMPLETE A TRANSACTION.

WE DO NOT TRANSFER LEGAL OWNERSHIP OF ITEMS FROM ONE MEMBER TO ANOTHER MEMBER, AND NOTHING IN THIS AGREEMENT SHALL MODIFY THE GOVERNING PROVISIONS OF RHODE ISLAND COMMERCIAL CODE § 2401(2) AND UNIFORM COMMERCIAL CODE § 2-401(2), UNDER WHICH LEGAL OWNERSHIP OF AN ITEM IS TRANSFERRED UPON PHYSICAL DELIVERY OF THE ITEM TO THE OTHER MEMBER BY THE SELLER. UNLESS BARTERING MEMBERS AGREE OTHERWISE, EACH WILL BECOME THE ITEM'S LAWFUL OWNERS UPON PHYSICAL RECEIPT OR EXCHANGE OF THE ITEMS OR SERVICES. FURTHER, WE CANNOT GUARANTEE CONTINUOUS OR SECURE ACCESS TO OUR SERVICES, AND OPERATION OF THE SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. ACCORDINGLY, TO THE EXTENT LEGALLY PERMITTED, WE EXCLUDE ALL IMPLIED WARRANTIES, TERMS AND CONDITIONS. WE ARE NOT LIABLE FOR ANY LOSS OF MONEY, GOODWILL, OR REPUTATION, OR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF OUR SITE.

TO THE FULL EXTENT PERMISSIBLE BY LAW, BarterThing.com DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BarterThing.com DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM BarterThing.com ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BarterThing.com WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MIGHT HAVE ADDITIONAL RIGHTS.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BarterThing.com'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO BarterThing.com FOR THE SERVICE DURING THE TERM OF MEMBERSHIP.

16. Choice of Forum and Choice of Law. If there is any dispute arising out of the Website and/or the Service, by using the Website, you expressly agree to the following: Any such dispute shall be governed by the laws of the State of Rhode Island, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of Rhode Island, in Providence County, for the resolution of any such dispute; Furthermore, you agree that any dispute relating in any way to your visit to BarterThing.com shall be submitted to confidential arbitration in Providence, Rhode Island, except that, to the extent you have in any manner violated or threatened to violate BarterThing.com's intellectual property rights, BarterThing.com may seek injunctive or other appropriate relief in any state or federal court in the state of Rhode Island, and you consent to exclusive jurisdiction and venue in such courts. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

17. Other. This Agreement contains the entire agreement between you and BarterThing.com regarding the use of the Website and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. Please use the Contact Us form for any questions regarding this agreement. BarterThing.com is a trademark of MBM Investment Group, Corp.