Terms of Use
Welcome to The Barter Network (“TBN”). By using this web site, you are agreeing to comply with the following Terms of Use, which may be updated from time to time without notice to you.
1. DESCRIPTION OF SERVICE: TBN is providing this web site (“Service”) to enable our members to effectively manage their accounts. From the site, members can view their account information, including trade and cash balances, trade activity, and monthly statements. Members will also be able to process authorizations, view the membership directory, print travel request forms and place classified ads.
Visitors to the site who are not TBN members can get information about TBN, view a sample of the TBN membership directory and classified ads, as well as complete a registration form to open a TBN trade account.
2. YOUR REGISTRATION OBLIGATIONS: In consideration of your use of this Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or TBN has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, TBN has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
3. TBN PRIVACY POLICY: Registration Data and certain other information about you is subject to our Privacy Policy. For more information, see our full privacy policy at www.TheBarterNetwork.net/front/page/privacy_policy
4. MEMBER ACCOUNT, PASSWORD AND SECURITY: You are responsible for maintaining the confidentiality of your password and are fully responsible for all activities that occur on your account. You agree to (a) immediately notify TBN of any unauthorized use of your account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. TBN cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
5. INDEMNITY: You agree to indemnify and hold TBN, and its subsidiaries, affiliates, officers, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Service, your connection to the Service, your violation of the Terms of Use, or your violation of any rights of another.
6. MODIFICATIONS TO SERVICE: TBN reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that TBN shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
7. TERMINATION: You agree that TBN may, under certain circumstances and without prior notice, immediately terminate your TBN account and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of TBN’ Trade Rules and Regulations, (b) breaches or violations of the Terms of Use or other policies relating to the Service, (c) requests by law enforcement or other government agencies, (d) a request by you (self-initiated account deletions), (e) discontinuance or material modification to the site (or any part thereof), and (f) unexpected technical or security issues or problems. Termination of your TBN account includes removal of access to all offerings within the Service, and barring further use of the Service. Further, you agree that all terminations for cause shall be made in TBN’ sole discretion and that TBN shall not be liable to you or any third-party for any termination of your account or access to the Service.
8. DEALINGS WITH MEMBERS: Your correspondence or business dealings with, or participation in promotions of other members 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 you and such member. You agree that TBN 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 members on the Service.
9. LINKS: The Service may provide links to other web sites or resources. Because TBN has no control over such sites and resources, you acknowledge and agree that TBN is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that TBN shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
10. TBN’S PROPRIETARY RIGHTS: You acknowledge and agree that the Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by TBN or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service in whole or in part.
11. DISCLAIMER OF WARRANTIES: YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TBN EXPRESSLY DISCLATBN ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TBN MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, AND (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TBN OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.
12. TRANSACTION DISPUTES: ALL CUSTOMERS HAVE (3) THREE BUSINESS DAYS TO DISPUTE A PURCHASE OR SALE FROM ANOTHER MEMBER. IF A DISPUTE IS OPENED THE FUNDS WILL BE REVERSED UNTIL FURTHER REVIEW BY TBN.
13. LIMITATION OF LIABILITY: YOU EXPRESSLY UNDERSTAND AND AGREE THAT TBN SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TBN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
14. NO THIRD PARTY BENEFICIARIES: You agree that, except as otherwise expressly provided in this Terms of Use, there shall be no third party beneficiaries to this Agreement.
15. NOTICE: TBN may provide you with notices, including those regarding changes to the Terms of Use, by email, regular mail, or postings on the Service.
16. GENERAL INFORMATION: Choice of Law and Forum. The Terms of Use and the relationship between you and TBN shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. You and TBN agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Orange, State of Florida.
Waiver and Severability of Terms. The failure of TBN to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of use remain in full force and effect.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.
17. VIOLATIONS: Any breach of security or other violations of the Terms of Use should immediately be reported to TBN at:
The Barter Network
1101 West Kennedy Boulevard
Orlando, Florida 32810
(877) 200-5936
Effective Date: June 01, 2006