REGISTRATION AND POSTING
1. Eligibility and Accuracy of Information. By registering for an account or using the Site, you represent and warrant that you are at least 18 years of age, and of the age of legal majority in your state or country of residence, if older than 18 years of age. If you registered your Company, you represent, warrant, and covenant that you have sufficient authority to form binding contracts under applicable law on behalf of your Company each time that you use the Site. You agree that you will not allow others to use your account, nor will you use your account or the Site on an outsourcing basis or on behalf of third parties.
barteringzoom.com does not assume responsibility for ads placed on the Site
or for transactions occurring outside of the Site.
The Site may otherwise contain links to third party websites as well as third party advertisements. We are not responsible for and disclaim liability for the privacy or other practices of any such third party. We recommend that you review the privacy policies of each website you visit and use appropriate caution whenever asked for your personal information.
2. Termination and Suspension. We agree to provide you access to the Site and the services available on the Site only as authorized in this Agreement. We reserve the right:
The above list is not exhaustive. We reserve the right to modify this list at any time without advance notice to you.
4. Abuse of Site: Failure to comply with these Terms and Conditions may result in termination and/or suspension of your account. Prohibited use includes any use in conflict with these Terms and Conditions or any use in conflict with applicable law. We reserve the right to suspend and/or terminate your account at any time without advance notice to you.
Additionally, the following constitute abuse of this Site and will result in account termination:
An attempt to initiate or engage in a transaction that involves illegal activity or an item listed on our
Prohibited Items & Activities List;
NOTICE: Abuse of this Site may result in the release of your personal information to relevant government agencies. In accepting this Agreement, you agree to such release. Users should report all suspicious firearms activity to the Bureau of Alcohol, Tobacco, Firearms, and Explosives at 1-800-ATFGUNS or at Http://Www.Atf.Gov.
Please report abusive or threatening posts to us at firstname.lastname@example.org. If another User is harassing you, you should also call your local law enforcement.
Should you object to any of the terms of this Agreement or any subsequent modifications thereto or become dissatisfied with the Site and related services in any way, your only recourse is to immediately: (1) Discontinue use of the Site and services; (2) Terminate your membership; and (3) Notify us of termination. You may terminate this Agreement and your account with us only if you do not have active transactions on the Site and if your account is paid in full. At any such time, you may terminate this Agreement and your account by notifying us in accordance with the Notices section below. In addition, your account will be deemed inactive and closed if there is no activity on your account for one year. In the event your account is closed or terminated it will be marked inactive in our systems, but we cannot delete your user information or transaction history.
5. Postings by Users. We provide Users with tools and instructions for posting items for trade on the Site (each such item, a “Listing”). In addition, other registered Users may communicate with other Users on the Site or other content on the Site (any such material, “Postings”). We have the right, but not the obligation, to monitor, edit, refuse to post, or remove any Posting or Listing from the Site. We are not responsible for the content of Listings or Postings posted by Users. Monitoring of Postings and Listings by us is not intended to verify the accuracy of the information contained therein and should not be relied upon by you for any purpose. Users should use appropriate caution when communicating with others and in entering any transaction.
6. Accuracy. You represent, warrant, and covenant that all information given to us (including your name, address and other information associated with your account (“User Information”)), and all information communicated to other users of the Site, whether in a Listing or a Posting, is true, accurate, up-to-date and not misleading.
TRANSACTIONS ON THE SITE
1. Fees. You agree to pay all required fees in advance for using the Site. Fees are non-refundable.
Past due fees may result in suspension and/or termination of your account as well as referral to a credit agency. We reserve the right to pursue applicable civil and criminal legal actions. Payment in full is required before a suspended account may be reinstated.
Fee payments must be made with your PayPal account. If you do not have a PayPal account, you can set one up here: Https://Paypal.Com.
2. We Are Only a Venue. You agree and acknowledge the following: that we are not a Seller of the items listed on this Site; that we are not an advertiser of any of the items listed on this Site; that we are not a party to the transactions between registered Users on this Site.The Site only provides the venue for registered users to privately transact for trade of firearms, accessories and related items (“Items.”)
We are not involved in the actual transaction or transfer of Items between Users. We recommend that you take precautionary measures when communicating with other Users and entering into any transaction.
We make no representation as to the truthfulness of other Users on this Site. We recommend that you take precautionary measures to determine another User’s age, identity, location, and authority to enter into contracts.
We make no representation that Users on this Site will complete the transfer of the Item or deliver the Item to the buyer; nor that a User has truthfully and accurately described an Item posted on the Site; or that the transfer of an Item complies with applicable legal requirements for the transaction.
Although we may provide references to relevant laws, nothing on this Site is meant to constitute legal advice. You should check with your state’s Attorney General Office to ensure you are in full compliance with legal requirements. If you are unsure about proper compliance, seek the assistance of a licensed and qualified attorney.
3. We Are Not the Seller; Transfer of Title. We do not transfer legal ownership of Items from the seller to the buyer, and nothing in this agreement shall modify the governing provisions of applicable law including the Uniform Commercial Code § 2-401(2), under which legal ownership of an item is transferred upon physical delivery of the Item. Unless the transacting Users agree otherwise, each User will become the Item’s lawful owner upon physical receipt of the item, in accordance with governing law cited above.
4. Independent Contractors. You and barteringzoom.com are independent contractors. No agency relationship, partnership, joint venture, employer-employee relationship or franchisor-franchisee relationship is intended or created by this Agreement.
You are entering into all agreements and transactions on this Site only for your own account and not for the benefit of any third party;
You have the legal right to enter into transactions for Items on this Site; and that
Will not be fraudulent or involve the sale of illegal, counterfeit or stolen items; and
Will not infringe any parties’ copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy.
6. Legality of Purchase and Shipment. If you engage in transactions on the Site, you agree to comply with all applicable legal requirements governing the specific requirements for transfer and shipping of items (which shall apply regardless of any contrary information contained in a seller’s Listing).
You represent, warrant, and covenant to us that you shall:
Comply with all applicable legal requirements in listing, agreeing to trade, transferring and shipping Items;
Be solely responsible for compliance with all applicable export or import controls with respect to these transactions with respect to Items;
Comply with all legal requirements regarding the reporting, collection, withholding and payment of all taxes and duties applicable to the transfer and transport of each Item; and
Comply with the following required terms on the Site:
Items may not be transferred or shipped contrary to state and local legal requirements, which may vary considerably. For example, Items such as knives may require government-issued proof of age before they can be shipped to certain states, and in some states, certain types of knives may not be sold or shipped at all. Each state has their own laws regarding handling and transport of aniimals. Below is a list of reference links to your state:
U.S. Department of Agriculture Animal and Plant Inspection Service (APHIS) laws and regulations: Http://Www.Aphis.Usda.Gov/
U.S. Animal Welfare Act: Http://Www.Aphis.Usda.Gov/Animal_welfare/Downloads/Awa/Awa.Pdf
The U.S. Horse Protection Act:
U.S. Requirements. If you or the Items you seek to trade are located within the U.S. you additionally represent, warrant and covenant that you are familiar with the U.S. statutes and regulations governing export controls, sanctions and embargoes, and you additionally agree that: (1) You are not a national of or located in any country embargoed by the United States, and (2) You are not on the Excluded Parties List System, the Specially Designated Nationals List, or the Denied Persons List, and (3) You are not listed on any other lists maintained by the U.S. federal government which prohibits or restricts participating in commercial or other transactions, and You are not using or accessing the Site on behalf of a party who is on any such lists.
7. Release. You acknowledge and agree that we do not take title to or possession of any Item being traded on the Site, and we are not a principal in the transactions on the Site, nor are we your agent or an agent of any seller or other buyer. Because we are not and cannot be involved in dealings between users of the Site, in the event that you have a dispute with another user (whether a buyer or seller), you hereby release us, our directors, officers, employees and agents from and against any and all claims, demands and damages (actual and consequential, and including attorneys’ fees) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
8. Other Fees and Tax Issues. You agree that barteringzoom.com bears no responsibility for the reporting, payment, collection and remittance of any other fee or tax that may be assessed on any transaction conducted through the Site by any jurisdiction having taxing authority over the sale or transaction. You agree that you are responsible for, and will indemnify us against, any liability for any sales/use, VAT or similar transaction tax that is or may be assessed by any jurisdiction with respect to the fees charged to sellers by us. You agree to defend, indemnify and hold us harmless from and against any and all liabilities, damages and costs that may result from inadequate reporting, payment, collection or remittance by you of any taxes relating to transactions conducted on the Site, except taxes imposed on or measured by our income or net worth.
LIMITATION OF LIABILITY
1. DISCLAIMER OF WARRANTIES. YOU AGREE THAT USE OF THE SITE AND THE SERVICES ON THE SITE ARE ENTIRELY AT YOUR OWN RISK. THE SITE AND SERVICES, INCLUDING ALL CONTENT, ITEMS, LISTINGS, FUNCTIONS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, ARE PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR ITS FUNCTIONS WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED.
WE MAKE NO ENDORSEMENT OR WARRANTY REGARDING ANY ITEMS POSTED ON THE SITE OR ANY TRANSACTION ENTERED INTO THROUGH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. WE EXPRESSLY DISCLAIM ANY RESPONSIBILITY FOR ANY MISREPRESENTATIONS OR BREACHES COMMITTED BY ANY USER OF THE SITE.
2. LIMITATION OF LIABILITY: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NONE OF ITS AFFILIATES, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY “PARTIES”) SHALL BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE THE SITE OR SERVICES, OR RELATED TO THE INFORMATION, CONTENT AND FUNCTIONS THEREOF, WHETHER GENERATED BY THE SITE, BY ANOTHER USER OR BY UNAUTHORIZED ACCESS TO THE SITE (INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS, LOST BUSINESS OR LOST SALES, BUSINESS INTERRUPTION OR LOSS OF INFORMATION) EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR EXCLUSION OF DAMAGES, SO SUCH DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO YOU. TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF THE PARTIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THIS AGREEMENT OR YOUR USE OF THE SITE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU HAVE PAID TO US IN THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO YOUR CLAIM OR (B) US $100.00. THIS LIMITATION SHALL NOT APPLY IN THE CASE OF WILLFUL OR INTENTIONAL MISCONDUCT.
3. Indemnification: You shall indemnify, defend and hold the barteringzoom.com Parties harmless from and against any and all claims, losses, damages, liabilities, judgments and fees and expenses related thereto (including, without limitation, reasonable attorneys’ fees), incurred by a barteringzoom.com Party in connection with any claims arising out of, based upon or resulting from any of the following, whether by you or by a third party using your log-in.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle or otherwise dispose of any matter without our prior written consent.
GOVERNING LAW, DISPUTE RESOLUTION IN Massachusettes AND OTHER TERMS
1. International Users; Choice of Law. The Site is controlled, operated and administered by barteringzoom.com, which is based within the state of Massachusettes, county of Riverside, United States. We make no representation that functions or information found at the Site are appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited. You may not use the Site or export the information found on or at this Site in violation of U.S. or other export laws and regulations. If you access this Site from a location outside of the U.S., you are responsible for compliance with all laws applicable to you. This Agreement, all matters arising from or relating to the your use of the Site, and any and all claims arising out of your relationship with the barteringzoom.com Parties shall be governed by and in accordance with the laws of Massachusettes.
2. Dispute Resolution; Attorneys’ Fees.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY EXPRESSLY AGREE THAT ANY PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SITE SHALL BE INSTITUTED EXCLUSIVELY IN A STATE OR FEDERAL COURT SITTING IN THE COUNTY OF RIVERSIDE, STATE OF Massachusettes, UNITED STATES OF AMERICA, AND YOU EXPRESSLY WAIVE ANY OBJECTION THAT YOU MAY HAVE NOW OR IN THE FUTURE TO THE LAYING OF THE VENUE, OR TO THE JURISDICTION OF ANY SUCH COURT OVER YOU OR YOUR ACTIVITIES ON THE SITE.
barteringzoom.com reserves the right to institute proceedings in Massachusettes in order to:
You may not bring any action arising out of this User Agreement or your use of the Site or the Services, regardless of form or the basis of the claim, more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose). In the event that you bring an action in an improper forum or outside of the time limit in violation of this Section, barteringzoom.com shall be entitled to recover from you its reasonable attorney’s fees in responding to such action.
3. Notices. Except as explicitly stated otherwise, any notices you send to us shall be given by means of our electronic support system located at barteringzoom.com.
4. Electronic Execution. When you click on “I Accept,” you submit your electronic acceptance of this Agreement. Your electronic acceptance constitutes your acknowledgement and acceptance of all terms and conditions of this Agreement and will have the same legal force and effect as if you had physically signed this Agreement. You agree to the admissibility of computer records and electronic evidence in any dispute under this Agreement.
5. General Provisions. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to put into effect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect.
The failure by either party to exercise or enforce any rights or provisions of this Agreement (including the Site Rules or other document incorporated by reference herein) shall not constitute a waiver of such right or provision.
This Agreement, including any other applicable terms and conditions or rules that govern your use of individual Services, which are either incorporated herein by specific reference or posted on the Site from time to time, comprises the entire agreement between you and barteringzoom.com, and supersedes all prior representations, agreements or statements between us, written or oral, regarding the subject matter contained herein (including any prior user agreement for the Site).
All provisions in this Agreement regarding representations and warranties, indemnification, disclaimers and limitations on liability shall survive any termination of this Agreement. The titles and headings contained in this Agreement are used for convenience only and are not intended to affect the meaning or interpretation of this Agreement.
This Agreement is binding upon and inures to the benefit of the respective successors and assigns of the parties, but you may not assign this Agreement to any person or entity without our prior written consent, and any such assignments made without consent shall be null and void. This Agreement is solely for the benefit of barteringzoom.com, its affiliates, and you, and shall not be construed for the benefit of any third party.