MYBARTERCLUB.COM on-line MEMBERSHIP AGREEMENT

  1. CONTRACT AND MODIFICATION OF CONTRACT
      The following terms & conditions constitute the contract by and among Member and MYBARTERCLUB.COM. Any use of MYBARTERCLUB.COM to facilitate a transaction by a Network Member (hereinafter Member) constitutes acceptance of all terms, conditions, policies and procedures as most recently adopted by MYBARTERCLUB.COM. They apply to all MYBARTERCLUB.COM Members' and to all transactions facilitated by MYBARTERCLUB.COM. At its sole discretion, MYBARTERCLUB.COM may amend this Agreement by giving Member thirty (30) days written notice via e-mail. MYBARTERCLUB.COM 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 MYBARTERCLUB.COM after these time frames constitutes acceptance by Member of such change(s) and the agreement of Member to abide by the same.
     
  2. PARTICIPATION IN THE EXCHANGE
    1. NATURE OF THE PARTIES
      • a. MYBARTERCLUB.COM 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 MYBARTERCLUB.COM or its designee and through the medium of MYBARTERCLUB.COM Trade Dollars. MYBARTERCLUB.COM functions as a clearinghouse for the transactions of the Network membership.
      • b. MYBARTERCLUB.COM regulates the Network. MYBARTERCLUB.COM acts as a third party record-keeper and administers the clearinghouse function of the Network for the Members'. MYBARTERCLUB.COM 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 MYBARTERCLUB.COM's services. Member warrants that it is in compliance with all State, Federal, industry and professional laws and regulations.
      • d. MYBARTERCLUB.COM 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.
    2. DISCLAIMER OF WARRANTY AND LIABILITY
        3. MYBARTERCLUB.COM 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 MYBARTERCLUB.COM 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 MYBARTERCLUB.COM arising out of any computer or software malfunction or processing errors.
    3. TAXES
        4. 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 MYBARTERCLUB.COM responsible to pay any taxes on behalf of any Member. Transactions involving MYBARTERCLUB.COM Trade Dollars are generally treated as taxable events for federal, state or provincial, and local tax purposes and MYBARTERCLUB.COM reports MYBARTERCLUB.COM 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 MYBARTERCLUB.COM harmless for any actions MYBARTERCLUB.COM takes to comply with federal, state or provincial, and local laws.
     
  3. ADMINISTRATION OF THE EXCHANGE AND MYBARTERCLUB.COM TRADE DOLLARS
    1. NATURE OF MYBARTERCLUB.COM TRADE DOLLARS
      • Members' conduct transactions (purchases or sales of goods or services) using the MYBARTERCLUB.COM 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 MYBARTERCLUB.COM Trade Dollars.
      • A "MYBARTERCLUB.COM 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 MYBARTERCLUB.COM. MYBARTERCLUB.COM Trade Trade Dollars denote value received for goods or services sold, and may be exchanged for other goods or services made available by MYBARTERCLUB.COM Member's. Trade Dollars may be used only in the manner and for the purposes set forth in this agreement & the Policies & Procedures. Neither MYBARTERCLUB.COM nor Member shall consider MYBARTERCLUB.COM Trade Trade Dollars as legal tender, securities, or commodities. MYBARTERCLUB.COM disclaims any and all responsibility for the acceptance or negotiability of MYBARTERCLUB.COM Trade Dollars or for the availability of goods or services from any source.
    2. LIABILITY FOR MYBARTERCLUB.COM TRADE DOLLARS
      • Member acknowledges that MYBARTERCLUB.COM 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 MYBARTERCLUB.COM transactions incur the normal business risks associated with any credit transaction. Any positive trade balances are solely the liability of Members' who owe MYBARTERCLUB.COM Trade Dollars to the Exchange and are not the liability of MYBARTERCLUB.COM.
        • a. Member acknowledges and grants to MYBARTERCLUB.COM the right and power to regulate and control the number of MYBARTERCLUB.COM Dollars within the Network.
        • b. Member grants to MYBARTERCLUB.COM the right and power to borrow from the Network.
        • c. Member is NOT authorized to sell MYBARTERCLUB.COM Trade Dollars for cash.
     
  4. SUSPENSION OR TERMINATION
    1. If Member violates this Agreement or the currently effective Policies and Procedures, MYBARTERCLUB.COM 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, MYBARTERCLUB.COM may reinstate Member or unfreeze Members' account.
    2. Either party may terminate this Agreement upon seven (7) days written notice to the other party. Upon termination:
      • a. All cash and MYBARTERCLUB.COM 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 MYBARTERCLUB.COM Trade Dollars within thirty days of termination date. After said thirty day period, Member must immediately pay MYBARTERCLUB.COM any remaining negative balance in cash.
      • c. Any Member with a positive balance (where sales exceed purchases) must spend out their account within ninety days of termination. Any trade dollars remaining after ninety days will become the property of MYBARTERCLUB.COM.
     
  5. FEES
    1. Monthly Fees:  Cash Fees:  Trade Fees: 
      Monthly Dues: $15.00 $15.00
      Negative Balance Interest 0.00% 1.00%
      Buy Trade Fees:  Cash Fees:  Trade Fees: 
      Percent Fee:  12.50% 0.00%
      Fee Option: Standard Fees NOTE: ALL Cash Fees are in USD  
    2. 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.
    3. Fees paid to MYBARTERCLUB.COM are non-refundable. If buyers or sellers do not complete a transaction, or if performance of Members' obligations to each other is disputed, MYBARTERCLUB.COM will not be obligated to refund any fees it has received. In certain circumstances an approved cash credit may be applied to Members' accounts.
    4. Transaction fees payable are due at time of purchase and fees due for more than 45 days will be assessed a late fee of $10.00 per month, or 1.50% of the unpaid balance, whichever is more.
    5. 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.
     
  6. E1. TRADE RULES AND REGULATIONS
      1. MYBARTERCLUB.COM reserves the right to approve or disapprove a prospective Member's application at its sole and absolute discretion.

       

      1. MYBARTERCLUB.COM is not obligated to match or transfer trade dollars from any other barter system or currency and may withdraw any offers to match or transfer trade dollars at any time.

       

      1. Selling members shall furnish all materials and labor for 100% trade at members' normal prevailing prices.  Real Estate and individual transactions over $5,000 may be negotiated for a partial cash payment with prior approval by MYBARTERCLUB.COM and the members involved.

       

      1. Direct trades between members are prohibited. If direct trades occur, MYBARTERCLUB.COM may, at it's option, charge each party a cash penalty of 20% of the transaction total in addition to the standard cash transaction fee. MYBARTERCLUB.COM may also, at its option, terminate membership of any party to such a trade.

       

      1. Members may request their account to be placed in standby status (temporarily decline further MYBARTERCLUB.COM sales) only if:

      a.   Member's account has a positive trade dollar balance over $3,000, as a result of a sale to another MYBARTERCLUB.COM Member within the MYBARTERCLUB.COM trade system, (this does NOT include any balances matched or transferred from another barter system or currency);

      b.   Member gives written notice to MYBARTERCLUB.COM of said request.

       

      1. MYBARTERCLUB.COM may freeze an account and/or cancel this Agreement if:

      a.   MYBARTERCLUB.COM has received two or more complaints on a given member for either poor performance or for attempting to charge in excess of Member's industry or retail prices or for overpricing in any form;

      b.   The Member has committed fraud against MYBARTERCLUB.COM or any MYBARTERCLUB.COM members;

      c.   The Member is charging cash and/or not following and abiding by Member's contractual Agreement with MYBARTERCLUB.COM; or,

      d.   For any other reasonable cause.

       

      1. Member agrees and acknowledges that the decision of MYBARTERCLUB.COM to freeze and/or terminate the Member's account shall be final and conclusive and in the sole and absolute discretion of MYBARTERCLUB.COM.

       

      1. If Member has breached this Agreement in any way, MYBARTERCLUB.COM may reverse any trade dollars transferred or matched by MYBARTERCLUB.COM.  In the event of termination, transferred or matched trade dollars by MYBARTERCLUB.COM will be reversed.  In addition, Member shall forfeit any rights or claims it may have to any MYBARTERCLUB.COM Trade Dollars not actually earned as a result of a sale to another MYBARTERCLUB.COM Member within the MYBARTERCLUB.COM trade system.

       

      1. If Member cancels this Agreement for any reason, any remaining transferred or matched trade dollars by MYBARTERCLUB.COM will be reversed.  In addition, Member shall forfeit any rights or claims it may have to any MYBARTERCLUB.COM Trade Dollars not actually earned as a result of a sale to another MYBARTERCLUB.COM member within the MYBARTERCLUB.COM trade system.

       

      1. Anytime a Member's trade account is in a deficit position, MYBARTERCLUB.COM has the right to demand immediate payment in cash for the total trade deficit due and owing and may take any action to secure such payments if deemed necessary. MYBARTERCLUB.COM reserves the right to adjust cash balances with Members' trade accounts and the Member agrees and acknowledges that MYBARTERCLUB.COM may have access to pre-authorized trade dollar card accounts which MYBARTERCLUB.COM may access for any deficit due and owing.

       

      1. In the event of a breach of this Agreement, Member agrees to pay reasonable cumulative costs, litigation costs, attorney fees, court costs, collection costs and/or interest. Member further agrees to be personally responsible for any indebtedness to MYBARTERCLUB.COM.

       

      1. memberships in MYBARTERCLUB.COM may not be transferred or sold or assigned in any fashion without prior written approval from MYBARTERCLUB.COM.

       

      1. Trade transactions are entered into on a voluntary basis between members of MYBARTERCLUB.COM or affiliated trade exchanges and although MYBARTERCLUB.COM may provide referrals as a service to members, MYBARTERCLUB.COM assumes no responsibility for the quality, timely delivery, warranty or dispute of any nature between Members or between Members and affiliated trade exchanges with regard to any products or service being traded. Member should exercise the same diligence entering into trade transactions as they exercise with ordinary cash transactions. MYBARTERCLUB.COM reiterates that it is functioning in a brokerage capacity and the Member does hereby indemnify and holds MYBARTERCLUB.COM harmless with respect to any claims, debts or liability whatsoever arising out of any trade exchange transaction wherein the Member is a buyer or a seller.

       

      1. Each sale/purchase or trade is a barter purchase or sale of goods and/or services whereby payment is made in trade dollars posted to a Member's account pursuant to these Rules and Regulations. A trade dollar is an accounting unit used to record the value of the trade and ownership of trade dollars, denotes, the right to receive goods and services available within the MYBARTERCLUB.COM system. Trade dollars may be used only in this manner and for the purpose or purposes set forth in these Rules and Regulations and will not be considered legal tender, securities or commodities and may not be redeemed for cash, except as specifically provided in these Rules and Regulations. MYBARTERCLUB.COM disclaims responsibility for the negotiability of trade dollars or for the availability of any particular goods or services from any source.

       

      1. Purchases by Members must be limited to the amount of MYBARTERCLUB.COM trade dollars in the purchaser's/buyer's account plus any line of trade dollar amount available to the purchaser/buyer. Members wishing to apply for a line of trade dollar may submit an application for approval and approval will be in the complete discretion of MYBARTERCLUB.COM. Members will be required to compensate MYBARTERCLUB.COM in cash or by way of trade dollar card payments on demand for any deficit amounts in the trade dollar accounts resulting from purchases made without sufficient trade dollar balances or without prior loan arrangements. Members will pre-authorize access to valid and existing trade dollar card accounts. Lines of trade dollar are granted at the sole discretion of MYBARTERCLUB.COM and may adjusted or revoked at MYBARTERCLUB.COM's discretion.

       

      1. The declaration and reporting of all applicable local, municipal, state/provincial and federal taxes, including but not limited to appropriate sales and excise taxes and GST, resulting from trade transactions rest solely with the Members. Barter sales are taxable events for municipal, state/provincial and federal tax purposes and must be recorded as income for tax purposes. If MYBARTERCLUB.COM is required by law, be it municipal, provincial, federal or other, to obtain identification and/or information and to report trade sales in any way whatsoever, the Member agrees not hold MYBARTERCLUB.COM liable for any actions MYBARTERCLUB.COM takes in compliance with the said laws.

       

      1. Unless otherwise stipulated between MYBARTERCLUB.COM and the particular Member, Member authorizes MYBARTERCLUB.COM to notify and advertise to other members the availability of Member's products or services. MYBARTERCLUB.COM may use, free of charge, the name, address and logo of any Member in any MYBARTERCLUB.COM advertising and promotion, unless otherwise stipulated in writing by Member.

       

      1. MYBARTERCLUB.COM is responsible only for commitments made in writing by only a duly authorized corporate officer of MYBARTERCLUB.COM, and not verbal or written commitments made by account executives, trade brokers, or other representatives of MYBARTERCLUB.COM.

       

      1. Any Member that has a check returned to MYBARTERCLUB.COM, for any reason, by a financial institution will be charged $25.00 cash for each said return.

       

      1. Member acknowledges, consents, and grants to MYBARTERCLUB.COM the right and power to regulate and control the number of outstanding trade dollars within the exchange system and to make trade dollar loans to Members as set forth in these Rules and Regulations.

       

      1. Member(s) grant MYBARTERCLUB.COM the right and power to make trade dollar loans to any Member on terms and conditions consistent with Member's trade dollar worthiness and ability to repay. The exercise of this power shall be at the sole discretion of MYBARTERCLUB.COM management with regard to principal, interest, terms and conditions, lending policy, and other particulars. Members desiring to apply for a loan may be required to submit a loan application, financial statement, trade dollar agreement, promissory note, and equivalent collateral prior to approval. MYBARTERCLUB.COM is under no obligation to extend trade dollar at any time. MYBARTERCLUB.COM will use its best efforts to insuretimely repayment of principal and interest, appropriate collateralization, and perfection of security interest in all loans. Member acknowledges that in consideration for loan management services provided by MYBARTERCLUB.COM, all fees, service charges, and other proceeds from such loans are the sole and exclusive property of MYBARTERCLUB.COM. Member will be given written confirmation of the trade dollar line issued. The outstanding balance of the line of trade dollar, as it is utilized, will be treated as a loan under the Rules and Regulations. A Member in a deficit position may not refuse trade and must trade their products or services at the prevailing cash prices. Failure to do so will result in immediate termination of membership and the outstanding deficit balance immediately due in cash to MYBARTERCLUB.COM. A Member who has made purchases in excess of Member's established line of trade dollar may not make purchases and must trade his/her products or services until such excess deficit is cured. At MYBARTERCLUB.COM's option, Member may be billed and shall pay such amount of the outstanding balance in cash.

       

      1. Member agrees to indemnify and hold harmless MYBARTERCLUB.COM for any loss incurred by Member which is caused by any act of omission of Member including, but not limited to the following: failure to complete a transaction after a voucher has been signed; failure to properly perform services for another Member; failure to deliver goods that conform to a contract with another Member; any loss incurred or liability resulting from trade dollars matched or transferred from another trade company or currency and improper pricing by a Member. In the event of payment, loss, expense, or the trade dollaring of Member's accounts by MYBARTERCLUB.COM in which payment, loss, expense, or the trade dollaring of Member's account arises out of any transaction between Members. MYBARTERCLUB.COM shall be subrogated to the extent of the amount of such payment, loss, expense, or trade dollaring of a Member's account to all the rights, powers, privileges and remedies of any Member against any other Member's account. Member shall execute all papers required by MYBARTERCLUB.COM and render all necessary assistance, other than pecuniary aid, to enable MYBARTERCLUB.COM to secure the right granted in this paragraph.

       

      1. Member authorizes MYBARTERCLUB.COM to make whatever trade dollar investigation it deems appropriate and to exchange any information received in the course of such investigation. MYBARTERCLUB.COM may request reports from trade dollar reporting agencies. If Member asks whether a trade dollar report was requested, he/she will be informed, and if MYBARTERCLUB.COM has received a trade dollar report, Member will be given the name and address of agency that supplies the report.

       

       

     
  7. MISCELLANEOUS
    1. LEGAL REQUIREMENTS
        2. Member shall abide by applicable international, federal, state or provincial, and local laws or regulations pertaining to Exchange transactions. MYBARTERCLUB.COM shall not be responsible for any failures on the part of Member to comply with such laws and regulations. Member agrees not to hold MYBARTERCLUB.COM liable for any action MYBARTERCLUB.COM takes to comply with applicable laws or regulations.
    2. NO WAIVER OF RIGHTS
        3. MYBARTERCLUB.COM 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. MYBARTERCLUB.COM remedies are cumulative and are not exclusive of any remedies provided by law.
    3. SEVERABILITY; ATTORNEY'S FEES
        4. 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 MYBARTERCLUB.COM, Member shall pay MYBARTERCLUB.COM 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.
    4. DISSOLUTION
        5. If MYBARTERCLUB.COM terminates or otherwise ceases to do business, all Members' in a negative MYBARTERCLUB.COM Trade Dollar position will pay amounts they owe in cash (one MYBARTERCLUB.COM 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 MYBARTERCLUB.COM Trade Dollar position. MYBARTERCLUB.COM is not liable to any Members' for cash or MYBARTERCLUB.COM Trade Dollars beyond the distribution of such funds.
    5. SECURITY INTEREST
        6. Member hereby grants MYBARTERCLUB.COM 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. MYBARTERCLUB.COM 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 MYBARTERCLUB.COM does receive all of its cash fees in full, MYBARTERCLUB.COM shall reinstate the Trade Dollars to the Members' account.
    6. WARRANTY OF INFORMATION
        7. Member warrants that it provides all information to MYBARTERCLUB.COM in good faith and that such information is accurate to the best of Members' knowledge.
    7. FAX & E-MAIL SIGNATURES
        8. MYBARTERCLUB.COM will, and Member agrees that MYBARTERCLUB.COM may, accept a faxed or e-mailed signature as an original, legal signature.
    8. ENTIRE AGREEMENT
        9. 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.
    9. NO WAIVER OF RIGHT
        10. MYBARTERCLUB.COM'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. MYBARTERCLUB.COM's remedies are cumulative and are not exclusive of any remedies provided by law.
    10. INDEMNIFICATION
        11. MEMBER AGREES TO HOLD HARMLESS AND INDEMNIFY MYBARTERCLUB.COM, IT'S OFFICERS, AGENTS, REPRESENTATIVES, ASSOCIATES AND ASSIGNS FROM ANY LOSSES, LIABILITY OR DAMAGES WHICH MAY RESULT FROM MEMBERS' PARTICIPATION IN ANY OF MYBARTERCLUB.COM's TRANSACTIONS, ACTIVITIES, PROGRAMS, PROMOTIONS, OR ADVERTISING, INCLUDING THE COSTS OF LITIGATION AND ATTORNEYS FEES.
    11. JUDGMENT SETTLEMENT
        12. In the event of a dispute between MYBARTERCLUB.COM and Member resulting in a judgment entered on behalf of the Member against MYBARTERCLUB.COM, Member agrees that MYBARTERCLUB.COM  shall have the right to satisfy said judgment in MYBARTERCLUB.COM trade dollars.
     
  8. APPLICABLE LAW
    1. This agreement shall in all respects be construed under the laws of the State of PA.
    2. Venue shall be Reading, PA 19602 United States.