WORLD BARTER EXCHANGE on-line MEMBERSHIP AGREEMENT
- CONTRACT AND MODIFICATION OF CONTRACT
The following terms & conditions constitute the
contract by and among Member and WORLD BARTER EXCHANGE.
Any use of WORLD BARTER EXCHANGE to facilitate a transaction by a
Network Member (hereinafter Member) constitutes acceptance of all terms,
conditions, policies and procedures as most recently adopted by WORLD BARTER EXCHANGE.
They apply to all WORLD BARTER EXCHANGE Members' and to all transactions
facilitated by WORLD BARTER EXCHANGE. At its sole
discretion, WORLD BARTER EXCHANGE may amend this
Agreement by giving Member thirty (30) days written notice via e-mail. WORLD BARTER EXCHANGE may amend the Policies and
Procedures with seven (7) days written notice via e-mail. Any purchase or sale
by Member, which makes use of WORLD BARTER EXCHANGE
after these time frames constitutes acceptance by Member of such
change(s) and the agreement of Member to abide by the same.
- PARTICIPATION IN THE EXCHANGE
- NATURE OF THE PARTIES
- a. WORLD BARTER EXCHANGE operates an association of businesses and professionals who have joined together to do
business among themselves through the organized system which is regulated by the
record-keeping and administrative services of WORLD BARTER EXCHANGE or its designee and through the
medium of WORLD BARTER EXCHANGE Trade Dollars.
WORLD BARTER EXCHANGE functions as a clearinghouse for the transactions of the Network membership.
- b. WORLD BARTER EXCHANGE
regulates the Network. WORLD BARTER EXCHANGE
acts as a third party record-keeper and administers the clearinghouse function of the Network for the Members'.
WORLD BARTER EXCHANGE may contract with others to provide all or part of such services.
- c. Member is a bona fide and legal business that desires to
do business with other members of the Network and hereby subscribes to
WORLD BARTER EXCHANGE's services. Member warrants that it is in compliance with all State,
Federal, industry and professional laws and regulations.
- d. WORLD BARTER EXCHANGE reserves the right of final approval of this agreement and may refuse to
accept anyone as a Member for any reason it deems necessary.
- e. The signer of this agreement hereby acknowledges that they are over 18 years old.
- DISCLAIMER OF WARRANTY AND LIABILITY
WORLD BARTER EXCHANGE makes no
representation or warranty, either express or implied, and disclaims all
liability, as to the fitness, quality, delivery date, merchantability, prices or
any term of any trade transaction. Member agrees to indemnify and hold
WORLD BARTER EXCHANGE harmless with respect to any claim,
debt, or liability whatsoever, arising out of any transaction wherein Member is
a Buyer or Seller. Member acknowledges that any transaction facilitated by the
Network, in Which Member participates is entered into by Member on a voluntary
basis. Member agrees to waive any claim, debt, or liability whatsoever against
WORLD BARTER EXCHANGE arising out of any computer
or software malfunction or processing errors.
Seller shall be solely responsible to collect and remit to
the appropriate taxing Authorities the applicable taxes and shall collect and
record these as required by law. Under no circumstances is
WORLD BARTER EXCHANGE responsible to pay any taxes on
behalf of any Member. Transactions involving
WORLD BARTER EXCHANGE Trade Dollars are generally treated
as taxable events for federal, state or provincial, and local tax purposes and
WORLD BARTER EXCHANGE reports
WORLD BARTER EXCHANGE Dollar sales to the appropriate
government taxing authority. The declaration and reporting of applicable taxes
resulting from trade transactions rests solely with the Member. Member agrees to
indemnify and hold WORLD BARTER EXCHANGE harmless
for any actions WORLD BARTER EXCHANGE takes to
comply with federal, state or provincial, and local laws.
ADMINISTRATION OF THE EXCHANGE AND
WORLD BARTER EXCHANGE
- NATURE OF WORLD BARTER EXCHANGE TRADE DOLLARS
LIABILITY FOR WORLD BARTER EXCHANGE TRADE DOLLARS
- Members' conduct transactions (purchases or sales of goods
or services) using the WORLD BARTER EXCHANGE
accounting system. Payments are made by posting debits and credits to the
buying and selling Members' respective accounts, pursuant to these Rules and in
the form of WORLD BARTER EXCHANGE Trade Dollars.
- A "WORLD BARTER EXCHANGE trade
dollar" is a private currency which operates as contractually accepted
tender for specified private debts only, between exchange members, backed only
by the goods and services available within the Network, and regulated by
WORLD BARTER EXCHANGE.
WORLD BARTER EXCHANGE Trade Trade Dollars denote value
received for goods or services sold, and may be exchanged for other goods or
services made available by WORLD BARTER EXCHANGE
Member's. Trade Dollars may be used only in the manner and for the
purposes set forth in this agreement & the Policies & Procedures.
Neither WORLD BARTER EXCHANGE nor Member shall
consider WORLD BARTER EXCHANGE Trade Trade Dollars as
legal tender, securities, or commodities.
WORLD BARTER EXCHANGE disclaims any and all
responsibility for the acceptance or negotiability of
WORLD BARTER EXCHANGE Trade Dollars or for the
availability of goods or services from any source.
- Member acknowledges that
WORLD BARTER EXCHANGE Trade Dollars in the Network
(positive balances) are the liabilities of persons who have spent more than
their earnings (negative balances); that there is a creditor/debtor relationship
between such persons, and that WORLD BARTER EXCHANGE transactions incur the normal business
risks associated with any credit transaction. Any positive trade balances are
solely the liability of Members' who owe
WORLD BARTER EXCHANGE Trade Dollars to the Exchange and
are not the liability of WORLD BARTER EXCHANGE.
- a. Member acknowledges and grants to WORLD BARTER EXCHANGE the right and
power to regulate and control the number of WORLD BARTER EXCHANGE Dollars within the Network.
- b. Member grants to WORLD BARTER EXCHANGE the right and power to borrow from the Network.
- c. Member is NOT authorized to sell WORLD BARTER EXCHANGE Trade Dollars for cash.
SUSPENSION OR TERMINATION
- If Member violates this Agreement or the currently
effective Policies and Procedures, WORLD BARTER EXCHANGE
may immediately terminate Members' account or may freeze all activity in
the account without notice and/or make immediate adjustment to the transactions
involved. At its sole discretion, WORLD BARTER EXCHANGE may reinstate Member or unfreeze
- Either party may terminate this Agreement upon seven (7)
days written notice to the other party. Upon termination:
- a. All cash and WORLD BARTER EXCHANGE
Trade Dollar service fees outstanding become due and payable immediately. No service
fees will be refunded.
- b. Any Member with a negative account balance (where
purchases exceed sales) must balance their account with
WORLD BARTER EXCHANGE Trade Dollars within thirty days of
termination date. After said thirty day period, Member must immediately pay
WORLD BARTER EXCHANGE any remaining negative
balance in cash.
- c. Any Member with a positive balance (where sales exceed
purchases) must spend out their account within thirty days of termination. Any
trade dollars remaining after ninety days will become the property of
WORLD BARTER EXCHANGE.
|Buy Trade Fees:
|Sell Trade Fees:
|Fee Option: Standard Fees
||NOTE: ALL Cash Fees are in USD
World Barter Exchange has, no Monthly Fees and no Renewal Fees!
You can trade with over 50,000 members nationwide using the same
Barter Currency, (trade dollars).
Shop at the on-line Barter Store that averages 50 MILLION Dollars Daily in Merchandise and Service.
Advertise YOUR Business in the Barter Store Free to over 50,000 Members, or Just local if you choose.
Search the membership Local, National and International for what you want.
Authorize your sales on the web site or call a toll free number and have a LIVE Person do it for you 24/7.
All transactions are done in real time. You receive an e-mail with the authorization number and sale or purchase information all there for you.
The trade dollars are put into your account in real time, as soon as you get an authorization. You can spend them right away or save for a big ticket item.
You will receive a monthly statement on the 1st. of each month. You can view your statements and transactions 24/7 on the web site.
Totaly secure web site, your e-mail address is never shown to members unless you put it in an advertisement yourself.
- Funds for the cash fees must be available at the time of the transaction or it will not be processed.
You may do this by having a debit or credit card on file. If You prefer to pay by check You can Pre-pay Your
account and we will deduct the fees from Your available balance.
- Fees paid to WORLD BARTER EXCHANGE are non-refundable.
If buyers or sellers do not complete a transaction, or if performance of Members' obligations to each other is disputed,
WORLD BARTER EXCHANGE will not be obligated to refund any
fees it has received. In certain circumstances an approved cash credit may be applied to Members' accounts.
- By acceptance of this agreement the Member agrees personally and corporately to guarantee payment
of all cash fees and is responsible for all negative Trade dollars, if any.
Hide This Box
The monthly fees will not be increased and there will never be a renewal fee charge. The 5% charge on the Buy and Sell will not be increased for this membership as long as they are in good standing "Fees Paid" and continue to trade.
- LEGAL REQUIREMENTS
Member shall abide by applicable international, federal, state or provincial, and local laws or regulations pertaining to Exchange
transactions. WORLD BARTER EXCHANGE shall not be responsible for any failures on the part of Member
to comply with such laws and regulations. Member agrees not to hold WORLD BARTER EXCHANGE
liable for any action WORLD BARTER EXCHANGE takes to comply with applicable laws or regulations.
NO WAIVER OF RIGHTS
WORLD BARTER EXCHANGE failure or delay in exercising any right, will not operate as a waiver of that right,
nor shall the partial exercise of a right preclude any other or further exercise of any right. WORLD BARTER EXCHANGE
remedies are cumulative and are not exclusive of any remedies provided by law.
SEVERABILITY; ATTORNEY'S FEES
Every item contained in this agreement is severable from every other term herein. If any term should be judged unenforceable, it shall
not affect the enforceability of other terms outlined in this Agreement or the Policies and Procedures. If legal action must be taken by
WORLD BARTER EXCHANGE, Member shall pay WORLD BARTER EXCHANGE reasonable attorney's fees, costs,
plus interest from the date of default until payment in addition to any other judgment as granted by a court of law or an acceptable arbitration.
If WORLD BARTER EXCHANGE terminates or otherwise ceases to do business, all Members' in a negative
WORLD BARTER EXCHANGE Trade Dollar position will pay amounts they owe in cash (one
WORLD BARTER EXCHANGE Dollar being equal to one United States dollar in cash) into a fund. The
fund, less expenses, will be distributed pro rata to all Members' who are in a positive WORLD BARTER EXCHANGE Trade Dollar
position. WORLD BARTER EXCHANGE is not liable to any Members' for cash or WORLD BARTER EXCHANGE Trade
Dollars beyond the distribution of such funds.
Member hereby grants WORLD BARTER EXCHANGE a security interest in all Trade
Dollars in Members' account for the amount of all unpaid cash fees. If Member
becomes insolvent or bankrupt all cash fees shall be due and payable in full.
WORLD BARTER EXCHANGE shall have the option in lieu
of filing as a creditor of treating the Trade Dollar balance as equal in value
to the amount of cash fees owed, and terminating the account; provided however,
that if WORLD BARTER EXCHANGE does receive all of
its cash fees in full, WORLD BARTER EXCHANGE shall
reinstate the Trade Dollars to the Members' account.
WARRANTY OF INFORMATION
Member warrants that it provides all information to
WORLD BARTER EXCHANGE in good faith and that such
information is accurate to the best of Members' knowledge.
FAX & E-MAIL SIGNATURES
WORLD BARTER EXCHANGE will, and Member agrees that
WORLD BARTER EXCHANGE may, accept a faxed or e-mailed signature as an original, legal signature.
Member acknowledges that it is not relying on any oral
representations concerning this Agreement and that the complete agreement
between the parties is contained in the Member Application, this Agreement and
the Policies & Procedures.
NO WAIVER OF RIGHT
WORLD BARTER EXCHANGE's failure or delay in exercising any right, will not operate as a waiver
of that right, nor shall the partial exercise of a right preclude any other or
further exercise of any right. WORLD BARTER EXCHANGE's remedies are cumulative
and are not exclusive of any remedies provided by law.
MEMBER AGREES TO HOLD HARMLESS AND INDEMNIFY
WORLD BARTER EXCHANGE, IT'S OFFICERS, AGENTS,
REPRESENTATIVES, ASSOCIATES AND ASSIGNS FROM ANY LOSSES, LIABILITY OR DAMAGES
WHICH MAY RESULT FROM MEMBERS' PARTICIPATION IN ANY OF WORLD BARTER EXCHANGE's
TRANSACTIONS, ACTIVITIES, PROGRAMS, PROMOTIONS, OR ADVERTISING, INCLUDING THE
COSTS OF LITIGATION AND ATTORNEYS FEES.
In the event of a dispute between WORLD BARTER EXCHANGE and Member resulting in a judgment entered
on behalf of the Member against WORLD BARTER EXCHANGE,
Member agrees that WORLD BARTER EXCHANGE shall have the
right to satisfy said judgment in WORLD BARTER EXCHANGE trade dollars.
- APPLICABLE LAW
- This agreement shall in all respects be construed under the laws of the State of OH.
- Venue shall be Cincinnati, OH 00000 United States.