Last Updated on January 23, 2020
BarterUnit LLC. ("BarterUnit LLC", "our", "us" or "we") provides, an online barter exchange marketplaceplatform that allows users to post content, create, view, inquire, upload images, videos and links for the purpose of selling, buying, trading and bartering products and services, promoting services and other communicable purposes (the "Services") as well as purchase, trade and earn points/credits (referred to as “barter units) through our website, accessible at www.BarterUnit.com (the "Site"), and our application for mobile devices (the "Application").
Key Terms related to Content
"Content" means text, graphics, images, music, software, audio, video, information or other materials. "BarterUnit LLC Content" means all Content that BarterUnit LLC makes available through the Site, Application or Service, including any Content licensed from a third party, but excluding User Content. "User" means a person that completes BarterUnit LLC account registration process, as described under "Account Registration" below and/or views any of the BarterUnit LLC website content (if applicable). "User Content" means all Content that a User posts, uploads, publishes, submits or transmits to be made available through the Site, Application or Services. Barter Units means all “units” that User purchase, trade or earn made available through the Site, Application or Services. "Site Content" means User Content and BarterUnit LLC Content. Certain areas of the Site and Application (and your access to or use of certain Services or Site Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Application, Services, Site Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Application, Services or Site Content.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, APPLICATION OR SERVICES OR BY POSTING ANY USER CONTENT ON THE SITE, APPLICATION OR THROUGH THE SERVICES, OR BY PURCHASING, TRADING AND EARNING BARTER UNITS, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE AND APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION, SERVICES OR SITE CONTENT. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, "you" and "your" will refer and apply to that company or other legal entity.
BarterUnit LLC reserves the right, at its sole discretion, to modify, discontinue or terminate the Site, Application or Services or to modify these Terms, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or through the Application or provide you with notice of the modification. We will also update the "Last Updated Date" at the top of these Terms. By continuing to access or use the Site, Application or Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and the Services.
How Barter Unit LLC works?
You may use BarterUnit LLC (the “Services”) to post content, create, view, inquire, upload images, videos and links for the purpose of selling, buying, trading services and products, promoting services and other communicable barter exchange purposes. You may also purchase, trade or earn “units” made available through the Site, Application or Services.
The Site, Application and Services are intended solely for persons who are 18 or older. Any access to or use of the Site, Application or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 18 or older.
All users of BarterUnit LLC have the opportunity to sign up as members provided: They are over 13 years old, they have full legal capacity and own a valid e-mail address.
As long as the visitor/user wishes to subscribe at the services of BarterUnit LLC, he/she agrees to: a) provide true, accurate, valid and complete information, regarding the data being requested by BarterUnit LLC within the relevant applications for access to its content/services and b) preserve and thoroughly update his/her subscription data, in order to be sustained as true, accurate, reliable, updated and full.
In case you provide any false, inaccurate or incomplete data, the BarterUnit LLC Company has the right to compromise or terminate the user's account and in addition to refuse any future use of its services, partly or fully.
The use of this website requires security code (password). The member agrees to safeguard the confidentiality of the security password and it remains exclusively liable for any acts associated with its use. The registered members shall never communicate any sensitive personal data at their posts, such as personal telephone numbers, addresses, bank account numbers etc. The contact details will be communicated via the automated process - electronic mail once an offer and an acceptance has taken place, regarding products, provided services and immovable property, between the registered members for the proper achievement of each trade.
Members agree to notify, immediately the BarterUnit LLC of any unauthorized use of their account and of any current and/or possible security breach. The BarterUnit LLC is not liable for any injury or damage resulting from the inability of members to respect and follow the current clause.
You agree to provide accurate, current and complete information during the posting process and to update such information to keep it accurate, current and complete. BarterUnit LLC reserves the right to suspend or terminate your postings if any information provided during the posting process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password (if applicable). You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify BarterUnit LLC of any unauthorized use of your Account.
BarterUnit LLC may charge a fee to purchase “units”, post content or for other features, products, services or licenses. You are responsible to BarterUnit LLC for any fees applicable to content that you post or other features, products, services or licenses you purchase or that are purchased through your account or use of services, including “units’ purchased. You authorize BarterUnit LLC, or its designated payment processor, to charge your specified credit card, debit card or other payment method for such fees. Unless otherwise specified, all fees are in United States dollars and all charges will be made in United States dollars. Any applicable sales or other taxes are additional to the stated fee. Currency exchange settlements and foreign transaction fees are based on your agreement with your credit card or other payment method provider. You agree and understand that BarterUnit LLC IS NOT INVOLVED IN ANY TRANSACTION, except peer-to-peer “unit” BarterUnit LLC community transfers and does not handle payments, guarantee transactions, provide escrow services, or offer "buyer protection" or "seller certification”. Except as required by law, all fees are nonrefundable under any circumstances, including, without limitation, in situations where paid posts are removed by BarterUnit LLC or by community flagging. Payments and purchases may not be canceled by the User, except as required by law. However, BarterUnit LLC reserves the right to refuse or terminate any purchase or attempted purchase at any time in its sole discretion. You understand and agree that if you authorize a payment transaction with your credit card, debit card or other payment method, but your charge is rejected for any reason, there may be a hold on your use of that transaction amount for several days.
BARTER UNIT LLC MAY CHARGE A FEE TO PURCHASE “UNITS”. THE PRICE FOR EACH BARTER UNIT WILL BE DISPLAYED AT THE POINT OF PURCHASE. IN ORDER TO FACILITATE THE ACCOMPLISHMENT OF PHYSICAL GOODS AND SERVICES EXCHANGES, BARTERUNIT LLC PROVIDES ITS USERS THE OPTION TO PURCHASE BARTER UNITS THROUGH THE WEBSITE AND MOBILE APPLICATIONS. BARTER UNITS ARE DISTRIBUTED EXCLUSIVELY FOR THE ACHIEVEMENT OF EXCHANGING PHYSICAL GOODS AND SERVICES THROUGH THE BARTERUNIT LLC WEBSITE AND MOBILE APPLICATIONS. BUYING AND RE-SELLING BARTER UNITS FOR PROFIT PURPOSES IS STRICTLY PROHIBITED, INCLUDING BARTER UNIT WINNINGS AND GIVEAWAYS ISSUED BY BARTERUNIT LLC. THE BARTERUNIT LLC DOES NOT CONSTITUTE, IN ANY CASE, A CREDIT OR BANKING INSTITUTION. THE POSSESSION OF BARTER UNITS IS NOT CONSIDERED THE PRODUCT OF A BANK DEPOSIT. BARTER UNITS ARE PURCHASED, EARNED AND DISTRIBUTED IN INDIVISIBLE WHOLE UNITS ONLY. BARTER UNITS ARE NONREFUNDABLE UNDER ANY CIRCUMSTANCES. BARTER UNITS CANNOT BE WITHDRAWN OR REDEEMED FOR CASH. MORE SPECIFICALLY, BARTER UNITS CANNOT UNDER ANY CIRCUMSTANCES BE CONVERTED OR EXCHANGED BACK INTO ANY FORM OF GOVERNMENT-SPONSORED CURRENCY OR ANY FORM OF VIRTUAL CURRENCY OR OTHER VALUE THAT SUBSTITUTES FOR LEGAL TENDER. BARTER UNITS ARE NOT LEGAL TENDER, ARE NOT SECURITIES AND DO NOT EARN INTEREST. BARTER UNITS DO NOT HAVE AN “EQUAL VALUE” IN REAL CURRENCY AND DOES NOT SUBSTITUTE FOR REAL CURRENCY, INCLUDING BUT NOT LIMITED TO ANY GOVERNMENT-SPONSORED CURRENCY AND ANY VIRTUAL CURRENCY. BARTERUNIT LLC DOES NOT MANUFACTURE, PRODUCE OR DISTRIBUTE TANGIBLE (PHYSICAL) COIN OR PAPER UNITS IN ANY COUNTRY OR STATE. BARTER UNITS ARE PURCHASED, EARNED AND TRADED WITHIN THE BARTERUNIT LLC WEBSITE AND MOBILE APPLICATIONS ONLY. YOU AGREE, YOU ARE SOLELY RESPONSIBLE FOR ALL TAXES PAYABLE AS A RESULT OF YOUR COLLECTION AND USE OF BARTER UNITS (IF APPLICABLE). BARTER UNITS DO NOT EXPIRE EXCEPT UPON TERMINATION OF SUCH USER’S ACCOUNT FOR ANY REASON. BARTER UNITS DO NOT CONSTITUTE PROPERTY AND ARE NOT TRANSFERABLE; (A) UPON DEATH (B) AS PART OF A DOMESTIC RELATION MATTER; OR (C) OTHERWISE BY OPERATION OF LAW. UNDER NO CIRCUMSTANCES WILL THE BARTERUNIT LLC BE OBLIGED TO COMPENSATE USERS, CONCERNING BARTER UNITS, OR TO BE HELD LIABLE FOR THEIR REDEMPTION OR CONSUMPTION AND GENERAL USE. THE BARTERUNIT LLC COMPANY HAS THE ABSOLUTE RIGHT TO MANAGE, REGULATE, MODIFY AND/OR ELIMINATE SUCH BARTER UNITS AS IT SEES FIT IN ITS SOLE DISCRETION, IN GENERAL OR SPECIFIC CASE INCLUDING RESERVING THE RIGHT TO CORRECT THE BALANCE OF YOUR BARTER UNITS IF WE BELIEVE THAT AN ERROR, INCLUDING CLERICAL OR TECHNICAL ERROR, HAS OCCURRED.
THE COMPANY WILL HAVE NO LIABILITY TO YOU BASED ON ITS EXERCISE RIGHT. ANY USER’S WHO VIOLATE THE FOREGOING RESTRICTIONS IS SUBJECT TO THE TERMINATION OF ACCOUNT WITH THE COMPANY, FORFEITURE OF BARTER UNITS FROM HIS OR HER ACCOUNT, AND/OR LIABILITY FOR DAMAGES AND LITIGATION AND TRANSACTIONS COSTS.
No Financial Advice
BarterUnit LLC is not a Registered Investment Advisor, Broker/Dealer, Financial Analyst, Financial Bank, Securities Broker or Financial Planner. We do not charge a fee or receive commission for the use of the BarterUnit LLC website and/or mobile application services.
A user shall not "flag" or “Report Abuse”(or otherwise seek removal of) content on BarterUnit LLC without a personal, good-faith belief that the content violates the TOS. A user may flag content only on his/her own behalf. A user must not permit, enable, induce or encourage others to flag content for them. A user must not flag content for others. A user may flag a specific item of content only once. A user flagging content must do so manually and may not employ any automated means, products (including, without limitation, software programs) or services to flag content. A user must not circumvent any technological restrictions (security measures) in the flagging process. Without limitation, this prohibition includes a ban on the use of multiple IP addresses for flagging (by use of proxy servers or any means whatsoever).
The Site, Application, Services and Site Content are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms, BarterUnit LLC and its licensors exclusively own all right, title and interest in and to the Site, Application, Services and Site Content, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Application, Services or Site Content.
If you decide to use the Application, subject to your compliance with the terms and conditions of these Terms, BarterUnit LLC grants you a limited non-exclusive, non-transferable, revocable license, without the right to sublicense, for you to install, access and use such Application on a mobile device that you own or control, solely for your personal and non-commercial purposes. BarterUnit LLC reserves all rights in the Application not expressly granted to you by these Terms. If you download the Application from the iTunes store, you agree that you will only use the Application as permitted by the Usage Rules set forth in the Apple App Store Terms of Service, accessible at http://www.apple.com/legal/itunes/appstore/us/terms.html.
Content and User Content License
Subject to your compliance with the terms and conditions of these Terms, BarterUnit LLC grants you a limited, non-exclusive, non-transferable license, without the right to sublicense, to access, view, download and print any BarterUnit LLC content solely for your personal and non-commercial purposes. Subject to your compliance with the terms and conditions of these Terms, BarterUnit LLC grants you a limited, non-exclusive, non-transferable license, without the right to sublicense, to access and view any User Content solely for your personal and internal business purposes. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Site, Application, Services, or Site Content except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by BarterUnit LLC or its licensors, except for the licenses and rights expressly granted in these Terms.
We may, in our sole discretion, permit Users to post, upload, publish, submit or transmit User Content. By making available any User Content through the Site, Application or Services, you hereby grant to BarterUnit LLC a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such User Content only on, through or by means of the Site, Application or Services. BarterUnit LLC does not claim any ownership rights in any such User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such User Content.
You acknowledge and agree that you are solely responsible for all User Content that you make available through the Site, Application and Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available through the Site, Application and Services or you have all rights, licenses, consents and releases that are necessary to grant to BarterUnit LLC the rights in such User Content, as contemplated under these Terms; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or BarterUnit LLC use of the User Content (or any portion thereof) on, through or by means of the Site, Application and the Services will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, Application and Services ("Feedback"). You may submit Feedback by emailing us at BarterUnit@gmail.com or through the "Feedback" section of the Site. You acknowledge and agree that all Feedback will be the sole and exclusive property of BarterUnit LLC and you hereby irrevocably assign to BarterUnit LLC and agree to irrevocably assign to BarterUnit LLC all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, trademark, moral rights and other proprietary or intellectual property rights therein. At BarterUnit LLC request and expense, you will execute documents and take such further acts as BarterUnit LLC may reasonably request to assist BarterUnit LLC to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
General Prohibitions I
You agree not to do any of the following:
• Post, upload, publish, submit, provide access to or transmit any Content that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances.
• Agrees not to violate the Fair Housing Act by stating in any notice or ad for the sale or rental of any dwelling, a discriminatory preference based on race, national origin, religion, sex, familial status or handicap and/or violates any state or local law prohibiting discrimination on the basis of these or other characteristics.
• Agrees not to violate federal, state, or local equal employment opportunity laws, including but not limited to, stating in any advertisement or postings for employment a preference or requirement based on race, color, religion, sex, national origin, age, or disability.
• Use, display, mirror or frame the Site or Application, or any individual element within the Site or Application, the BarterUnit LLC name, any BarterUnit LLC trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without our express written consent;
• Access, tamper with, or use non-public areas of the Site or Application, our computer systems, or the technical delivery systems of our providers;
• Attempt to probe, scan, or test the vulnerability of any BarterUnit LLC system or network or breach any security or authentication measures;
• Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by BarterUnit LLC or any of our providers or any other third party (including another user) to protect the Site, Application or Site Content;
• Attempt to access or search the Site, Application, Site Content or download Site Content from the Site or Application through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by BarterUnit LLC or other generally available third party web browsers;
mail, spam, chain letters or other form of solicitation;
• Use the Site, Application or Site Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms;
• Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Application, or Site Content to send altered, deceptive or false source-identifying information;
• Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Application or Site Content.
• Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site or Application;
• Collect or store any personally identifiable information from the Site or Application from other users of the Site or Application without their express permission;
• Impersonate or misrepresent your affiliation with any person or entity;
• Violate any applicable law or regulation; or
Encourage or enable any other individual to do any of the foregoing.
General Prohibitions II
You agree not post the following prohibited items: (additional list)
· Alcohol or tobacco products. Controlled substances or illegal drugs, substances and items used to manufacture controlled substances and drug paraphernalia.
· Blood, bodily fluids or body parts.
· Bulk email or mailing lists that contain names, addresses, phone numbers, or other personal identifying information.
· Child pornography, obscene materials, offers or solicitation of illegal prostitution.
· Counterfeit currency, coins and stamps, tickets, as well as equipment designed to make them. Counterfeit, replica, or knock-off brand name goods. Material that infringes copyright, including software or other digital goods you are not authorized to sell, warez, bootlegs.
· False identification cards, items with police insignia, citizenship documents, or birth certificates.
· Fireworks, including "safe and sane" fireworks or any destructive devices or explosives.
· Food stamps, WIC vouchers, SNAP EBT cards, SNAP or WIC foods, infant formula, etc and other items received from governmental agencies or programs.
· Household pets of any kind including dogs, cats, primates, cage birds, rodents, reptiles, amphibians, fish. Re-homing with small adoption fee OK. Pet animal parts, blood, or fluids - including to stud/breeding service.
· Illegal telecommunications equipment, including access cards, signal jamming devices, password sniffers, unloopers, or cable descramblers
· Items issued to United States Armed Forces that have not been disposed of in accordance with Department of Defense demilitarization policies.
· Non-packaged food items or adulterated food.
· Pesticides or hazardous substances, or items containing hazardous substances including contaminated toys, or art or craft material containing toxic substances without a warning label.
· Prescription drugs and medical devices, including prescription or contact lenses, defibrillators, hypodermic needles or hearing aids. Nonprescription drugs that make false or misleading treatment claims or treatment claims that require FDA approval.
· Restricted or regulated plants and insects, including noxious weeds, endangered plant species, or live insects or pests.
· Stolen property, or property with serial number removed or altered. Burglary tools, including lock-picks or motor vehicle master keys
· Tickets you are not allowed to sell, including airline tickets that restrict transfer. Coupons or gift cards that restrict transfer or which you are not authorized to sell. Lottery tickets, sports trading card 'grab bags', raffle tickets, sweepstakes entries, slot machines, other gambling items.
· Used bedding and clothing, unless sanitized in accordance with law.
· Used or rebuilt batteries, or batteries containing mercury.
· Weapons and related items, including firearms, ammunition, silencers, pellet/BB guns, tear gas or stun guns.
BarterUnit LLC will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. BarterUnit LLC may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that BarterUnit LLC has no obligation to monitor your access to or use of the Site, Application, Services or Site Content or to review or edit any Site Content, but has the right to do so for the purpose of operating the Site, Application and Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. BarterUnit LLC reserves the right, at any time and without prior notice, to remove or disable access to any Site Content that BarterUnit LLC at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.
BarterUnit LLC copyright law and expects its users to do the same. BarterUnit LLC has adopted and implemented a policy that provides for the termination in appropriate circumstances of registered users, other account holders and viewers who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see additional Copy Right content below.
The Site and Application may contain links to third-party websites or resources. You acknowledge and agree that BarterUnit LLC 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 BarterUnit LLC 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.
Termination and Account Cancellation
If you breach any of these Terms, BarterUnit LLC will have the right to suspend or disable your Account or terminate these Terms, at its sole discretion and without prior notice to you. BarterUnit LLC reserves the right to revoke your access to and use of the Site, Application, Services and Content at any time, with or without cause. You may cancel your Account and/or postings at any time by sending an email to BarterUnits@gmail.com. Please be as detailed as possible including the Posting ID numbers in your email.
THE SITE, APPLICATION, SERVICES AND SITE CONTENT ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, BARTERUNIT LLC EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. BARTERUNIT LLC MAKES NO WARRANTY THAT THE SITE, APPLICATION, SERVICES OR SITE CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. BARTERUNIT LLC MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICE OR SITE CONTENT OBTAINED THROUGH THE SITE, APPLICATION OR SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY SITE CONTENT OBTAINED THROUGH THE SITE, APPLICATION OR SERVICES. ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM BARTERUNIT LLC OR THROUGH THE SITE, SERVICES, CONTENT OR USER CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES. YOU UNDERSTAND THAT BARTERUNIT LLC DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE SITE, APPLICATION OR SERVICES, NOR DOES BARTERUNIT LLC MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICES. BARTERUNIT LLC MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATION, OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATION OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.
You agree to defend, indemnify, and hold BarterUnit LLC, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the Site, Application, Services or Site Content, (ii) your User Content, or (iii) your violation of these Terms.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, APPLICATION, SERVICES AND SITE CONTENT REMAINS WITH YOU. NEITHER BARTERUNIT LLC NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, APPLICATION, SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES, SITE CONTENT , OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BARTERUNIT LLC HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL BARTERUNIT LLC AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES OR SITE CONTENT EXCEED ONE HUNDRED DOLLARS ($100). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN BARTERUNIT LLC AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of BarterUnit LLC used herein are trademarks or registered trademarks of BarterUnit LLC. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms will be the state and federal courts located in the Southern District of California and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
These Terms constitute the entire and exclusive understanding and agreement between BarterUnit LLC and you regarding the Site, Application, Services, Site Content, and User Content and these Terms supersede and replace any and all prior oral or written understandings or agreements between BarterUnit LLC and you regarding the Site, Application, Services and Content.
You may not assign or transfer these Terms, by operation of law or otherwise, without BarterUnit LLC prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. BarterUnit LLC may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by BarterUnit LLC (i) via email (in each case to the address that you provide) or (ii) by posting to the Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
The failure of BarterUnit LLC to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of BarterUnit LLC. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
Contacting BarterUnit LLC
If you have any questions about these Terms or any questions, complaints or claims with respect to the Application, please contact us at BarterUnit@gmail.com
Important Copyright Information (How to Report)
BarterUnit LLC respects the intellectual property rights of others and expects its users to do the same. It is BarterUnit LLC's policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.
In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, BarterUnit LLC will respond expeditiously to claims of copyright infringement committed using the BarterUnit LLC website and or mobile application (the "Site") that are reported to BarterUnit LLC's Designated Copyright Agent, identified in the sample notice below.
If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site by completing the following DMCA Notice of Alleged Infringement and delivering it to BarterUnit LLC's Designated Copyright Agent. Upon receipt of the Notice as described below, BarterUnit LLC will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Site. DMCA Notice of Alleged Infringement ("Notice")
• Identify the copyrighted work that you claim has been infringed, or - if multiple copyrighted works are covered by this Notice - you may provide a representative list of the copyrighted works that you claim have been infringed.
• Identify (i) the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found, and (ii) the reference or link, to the material or activity that you claim to be infringing, that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate that reference or link, including at a minimum, if applicable, the URL of the link shown on the Site where such reference or link may be found.
• Provide your mailing address, telephone number, and, if available, email address.
• Include both of the following statements in the body of the Notice: "I hereby state that I have a good faith belief that the disputed use of the copyrighted material or reference or link to such material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)." "I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
• Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to BarterUnit LLC Designated Copyright Agent:
Attention: Copyright Agent
30 N. Gould St. Suite B
Sheridan, WY 82801
Email: Barterunit@gmail.com with subject title, ‘Copyright Agent’
UNIVERSAL BASIC INCOME PROGRAM
Universal Basic Income Restriction on use:
The Website and Mobile App is not intended for distribution to, or use by, any person:
BarterUnit LLC may, at its sole discretion refuse to allow you to register an account on the Website or Mobile App.
Universal Basic Income Eligibility Restrictions
Each human being is allowed only one individual account for the Barter Unit Universal Basic Income program. The Barter Unit Digital Currency is distributed as charitable gifts of the Barter Unit Universal Basic Income program to verified participants at the sole discretion of BarterUnit LLC. Each human being may receive only one equal share of distributions of Barter Unit Universal Basic Income (UBI) program, according to rules and amounts that may be changed at any time. Incorporated entities or organizations are eligible to have an account but not to receive Universal Basic Income (UBI) benefits, except on behalf of identifiable human beings to whom the Barter Unit Digital Currency shall be given. BarterUnit LLC reserves the right to close or disable accounts, deny applications for the Universal Basic Income (UBI) program, or disable a user’s participation in the Universal Basic Income (UBI) program, for any reason at any time, including but not limited to; failure by an applicant or participant to provide verification or confirmation of existence as a unique human being to the satisfaction of BarterUnit LLC, or suspicion of unethical or illegal activity by an applicant or participant which could undermine the integrity or reputation of the Universal Basic Income (UBI) program, BarterUnit LLC, or failure by a participant to provide up-to-date contact information and to reply when requested to important communications from BarterUnit LLC.
No Claims of Value
BarterUnit LLC nor their founders, directors, officers, staff, or other personnel, make any claims about the value of the Barter Unit Digital Currency or any potential financial gains therefrom. As with other assets, the value of the Barter Unit is decided by the free market, and owners individually shoulder all financial risk associated with their ownership of the Barter Unit and accept the possibility that its value could decline or even become worthless, at any time, for any reason.
Universal Basic Income Limitation of Liability; Use at Your Own Risk
Users accept the risks and take responsibility for their own use of the BarterUnit LLC platform and associated apps or services. Neither BarterUnit LLC nor their founders, directors, officers, staff, or other personnel, are liable for any financial loss or other loss that a user might experience, either direct or indirect, as a result of user error or misunderstanding; delay in processing transactions; temporary unavailability of the BarterUnit.com website, BarterUnit app, wallet functionality, wallet balances, or associated apps or services; or inaccuracy of data provided through BarterUnit.com or associated apps or services as a result of inaccurate reporting. BarterUnit LLC digital wallets are not intended for storing large amounts of financial value, and users are expected to exercise caution when using this service. BarterUnit LLC offers no warranties or guarantees that this service will always be available. If this service is shut down for more than 30 days consecutively, BarterUnit LLC will attempt to contact users and offer them an alternative method for withdrawing Barter Unit digital currency they may hold within the BarterUnit LLC platform.
Wallet (hereinafter the “Pocketbook Wallet”)