Terms & Conditions

A. Modifications

BarterPlace reserves the right to modify or amend this Agreement at any time, for any reason, or for no reason at all, at BarterPlace’ sole discretion. The most recent version of this Agreement will be posted on the BarterPlace website. Although BarterPlace will provide notice of material changes to this Agreement on the BarterPlace website, as a Member it is your sole responsibility to keep yourself apprised of any such modifications or amendments. Should a Member object to any terms and conditions of the Agreement or any subsequent modifications thereto or become dissatisfied with BarterPlace in any way, Member’s only recourse is to immediately: (1) discontinue use of BarterPlace; (2) terminate BarterPlace registration; and (3) notify BarterPlace of termination.

B. Description of Services

BarterPlace provides Members with an online market place to exchange goods and services. As a Member, you may be provided with a variety of Goods and Services, as described on the BarterPlace. Members may also utilize certain additional services offered from time to time such as shopping, e-commerce offerings, phone applications, and various informational services. BarterPlace reserves the right to enhance, modify, or discontinue the Services, in whole or in part, at any time, for any reason, or for no reason at all, at BarterPlace’ sole discretion, with or without notice to Members, and with no obligation to Members.

C. Member Conduct

Use of the Services by you, as Member, is subject to all applicable local, state, national and international laws and regulations. BarterPlace reserves the right, but does not assume any obligation, to monitor the Services to enforce this Agreement. Nor does BarterPlace guarantee that any monitoring it does perform will be to the Member’s satisfaction. Upon learning of any violation of this Agreement, BarterPlace, at its sole discretion, may terminate your access to and use of the Services, require you to remedy such violation, and/or take any other actions that BarterPlace deems appropriate to enforce its rights and pursue all available remedies. Without limitation, BarterPlace reserves the right to terminate your access to and use of the Services if, in our view, your conduct fails to meet any of the following guidelines:

• Members shall not engage in any activity that constitutes harassment, including, but not limited to, repeated unwanted contact or interfering with a Member’s use of site or stalking.
• Members shall not attempt to interfere with any other person’s use of the Services.
• Members shall not misrepresent their identity or impersonate any person or entity, including, but not limited to, a BarterPlace employee, or agent.
• Members shall not hold themselves out as sponsored by, endorsed by, or affiliated with the BarterPlace website.
• Members shall not use any portion of the BarterPlace website or the Services to post, transmit or otherwise make available junk mail, commercial advertisements, or any other form of commercial solicitation.
• Members shall not use any portion of the BarterPlace website or the Services to post, transmit or otherwise making available content, including user names and friend list names, that is harmful, threatening, abusive, vulgar, obscene, profane, defamatory, libelous, hateful, or racially, ethnically or otherwise objectionable.
• Members shall not engage in any activity that is patently offensive or promote or otherwise incites racism, bigotry, hatred or physical harm of any kind against any group or individual.
• Members shall not upload photos, graphics or other content that contain or promote illegal substances or activities, including, but not limited to, underage drinking or smoking, substance abuse, weapon use, or gang affiliation.
• Members shall not post content that contains or displays pornographic or sexually explicit material of any kind.
• Members shall not provide material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18.
• Members shall not provide instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses.
• Members shall not attempt to gain unauthorized access to BarterPlace’ database or other computer systems.
• Members shall not attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by BarterPlace in connection with the BarterPlace website or the Services.
• Members shall not engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Services or the BarterPlace website.
• Members shall not collect or store personal data about other Members in connection with the prohibited conduct and activities set forth in paragraph #1 through #14 above.
• Members shall not use any portion of the BarterPlace website or the Services for any unlawful purpose.
• Members shall not engage in any activity that solicits or is designed to solicit password or personal identifying information for commercial or unlawful purposes from other Members.
• Members shall not use the account, username, or password of another Member at any time or disclose their password to any third party or permit any third party to access their account.
• Members shall not publicly post information that poses or creates a privacy or security risk to another person.

All judgments concerning the applicability of these guidelines shall be at the sole and exclusive discretion of BarterPlace and its designees. BarterPlace has the right in its sole discretion to pre-screen, refuse or remove any content that is available via the BarterPlace Services. BarterPlace and its designees shall have the right to remove any Content that violates this Agreement or is otherwise objectionable. An account may be terminated at any time, without notice, depending on the severity of the offense, which is determined exclusively at the discretion of BarterPlace. BarterPlace is not obligated to provide a Member with a warning prior to removal.

D. Privacy

BarterPlace has established a Privacy Policy to explain to Members how their information is collected and used, which Members can read here: Privacy Policy. The policy explains how and when BarterPlace may use Member information and content. Member’s use of the BarterPlace website or the Services signifies acknowledgment and agreement to BarterPlace’ Privacy Policy. Members further acknowledge and agree that BarterPlace may disclose Member’s personal information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to comply with legal process, enforce this Agreement, or to protect the rights, property, or personal safety of BarterPlace, its employees, users and third parties, and the public, or as otherwise described in the Privacy Policy.

E. Document Retention Schedule

All personal information collected by BarterPlace in connection with your use of the BarterPlace website, including, without limitation, your name, location, email address, pictures, friend connections, messages, comments, login information, IP addresses, and other data, will be stored by BarterPlace indefinitely in a safe and secure manner.

F. Notice Regarding Commercial Email

MEMBERS CONSENT TO RECEIVE COMMERCIAL E-MAIL MESSAGES FROM BARTERPLACE, AND ACKNOWLEDGE AND AGREE THAT THEIR EMAIL ADDRESSES AND OTHER PERSONAL INFORMATION MAY BE USED BY BARTERPLACE FOR THE PURPOSE OF INITIATING COMMERCIAL E-MAIL MESSAGES.

G. Member Account and Password

Once Member registers for BarterPlace, Member will have a password and an account with BarterPlace. Member is responsible for maintaining the confidentiality of Member’s password and account. Furthermore, Member is entirely responsible for any and all activities that occur under Member’s account. Member agrees to immediately notify BarterPlace of any unauthorized use of Member’s account or any other breach of security known to Member.

H. Mobile

BarterPlace may offer their Services through a mobile website and/or mobile applications (collectively, the “Mobile Applications”). This Agreement governs all Services that are accessible on or through the Mobile Applications. If you use the Services on a mobile device, you agree that information about your use of the Services through your mobile device and carrier may be communicated to us, including but not limited to your mobile carrier, your mobile device, or your physical location. Although we provide our Services through the Mobile Websites free of charge, your mobile carrier’s standard fees and rates will still apply. You accept responsibility for all charges.

I. Copyrights, Trademarks, Patents and Intellectual Property Rights

Members of BarterPlace may submit Content to the Service. Member agrees and understand that this material may be disseminated on the BarterPlace mobile applications, mobile website, and/or website, and that BarterPlace cannot guarantee any confidentiality of any Content that a member submits.

Members who submit Content to BarterPlace retain all ownership rights of the Content. However, by submitting content to BarterPlace, Members grant to BarterPlace and its affiliates, officers, agents, directors, employees, consultants, and representatives, a worldwide, non-exclusive, royalty-free, transferable, and sub licensable license and right to copy, transmit, distribute, publicly perform, display, and make derivative works from your Content in connection with BarterPlace’ Service. Members also grant each other Member of the Service a non-exclusive license to access Member’s Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted by the Service and these Terms of Service. By submitting Content to BarterPlace, Member grants to BarterPlace a license to all trademark, trade secret, patent, copyright, right of publicity, or other proprietary rights in and to Member’s Content for use on the Service according to the Terms of Service.

The licenses Member grants when he or she submits Content to the Service terminate within a commercially reasonable time after Member removes his or her Content from the BarterPlace Service. However, BarterPlace reserves the right to retain, but not display, distribute, or perform, server copies of Member’s videos that have been removed or deleted. Licenses you grant to BarterPlace in user comments you submit are perpetual and irrevocable.

Members are responsible for their own Content and for the consequences of submitting Content on BarterPlace’ Service. When you submit Content to BarterPlace’ Service, you affirm, represent, and warrant that you own such Content, or have the necessary licenses, rights, and permission to publish the Content. You also affirm, represent, and warrant that the Content you submit to the Service does not contain material that is copyrighted by a third party, or subject to any third party proprietary rights, unless you have permission or consent from the owner of the material, or are otherwise legally entitled to submit such material, and all of the license rights outlined in this Terms of Service, to BarterPlace.

The Content on the Service, and the trademarks, service marks, and logos (“marks”) on the Service, are owned or licensed to BarterPlace, subject to trademark, copyright, or other intellectual property rights under state and federal law.

Members agree not to circumvent, disable, or otherwise interfere with security features of the Service, or features that prevent or restrict use of any Content. Members also agree not to reverse engineer or disassemble the Service.

BarterPlace respects the intellectual property rights of others. If you believe your copyright rights have been infringed, please send us a notice in conforming to our Copyright and DMCA Policy http://barterplace.com/Copyright.pdf

J. Disputes

You and BarterPlace agree that, except as otherwise specifically provided in this Agreement, you and BarterPlace shall seek to resolve any and all disputes between BarterPlace and you, respectively, including, without limitation, all claims, counter-claims and cross-claims (collectively, “Claims”), whether in law, equity or otherwise, solely through individual arbitration in accordance with the policies and procedures set forth in this Agreement. Such disputes shall include without limitation:

1. Disputes arising out of and/or otherwise relating to BarterPlace’ Terms of Service and/or Privacy Policy;
2. Disputes arising out of and/or otherwise relating to any Services and/or any content on the BarterPlace website;
3. Disputes arising out of and/or otherwise relating to any information, communications and/or other material that you and/or any other person and/or entity provide to and/or through the BarterPlace website;
4. Disputes arising out of and/or otherwise relating to any information and/or other material that is collected, stored and/or disseminated by, on behalf of and/or with the approval of BarterPlace;
5. Disputes arising out of and/or otherwise relating to any advertising and/or other communications by BarterPlace in connection with the BarterPlace website;
6. Disputes that are the subject of purported class action litigation in which you are not a member of a certified class;
7. Disputes that arose before you entered into this Agreement and/or any prior version of this Agreement;
8. Disputes that may arise after you terminate your registration with the BarterPlace website; and
9. Disputes arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory.

Notwithstanding the foregoing, and in lieu of arbitration, either you and/or BarterPlace may bring an individual action against the other in small claims court. Additionally, you and/or BarterPlace may bring any Claim against the other to the attention of a federal, state and/or local government entity, which may elect to seek relief against BarterPlace on your behalf, and/or against you on BarterPlace’ behalf.

You agree that you and BarterPlace hereby have voluntarily and intentionally waived any and all right to a trial by jury, and (except as otherwise specifically provided in this Agreement) any and all right to participate in a class action. The Federal Arbitration Act governs the interpretation and enforcement of this Dispute provision. This Dispute provision shall survive termination of this Agreement.

For a party hereto to initiate arbitration against the other party it must first send by certified mail to the other party a written Notice of Dispute (“Notice”). The Notice must identify and detail the nature of the party’s Claim, the basis for that Claim, and the specific relief being sought for that Claim, including, without limitation, any Claim for injunctive relief. For the parties’ convenience, a form for providing Notice is available. A Notice being sent to BarterPlace must be addressed to: Dispute Resolution Department, BarterPlace, barterplaceind@gmail.com(“BarterPlace Notice Address”). A Notice being sent to you shall be sent to any contact info you have provided to your BarterPlace account.

After receipt of the Notice you and BarterPlace must attempt in good faith to resolve the dispute set forth in the Notice. If you and BarterPlace are not able to resolve the dispute within 30 days after the Notice is received, then you or BarterPlace may initiate an arbitration proceeding against the other by downloading and completing the “American Arbitration Association (“AAA”) Consumer-Related-Disputes Form-California (For Use Only In California)” demand for arbitration form available at (http://www.adr.org/) (“Demand”), and sending a copy of the Demand to the AAA, together with a copy of the BarterPlace Terms of Service and a check or money order payable to the AAA in the amount of the appropriate filing fee, and sending a copy of the Demand to the other party. The copy of the Demand being sent to the AAA must be addressed as stated on the Demand. A copy of the Demand being sent to BarterPlace must be addressed to the BarterPlace Notice Address. A copy of the Demand being sent to you shall be addressed to the Member Notice Address.

Please note AAA does not provide BarterPlace customer support and is only able to provide information regarding initiating an arbitration proceeding against BarterPlace. All concerns regarding your account should be addressed to BarterPlace by submitting an email request to barterplaceind@gmail.com. BarterPlace will try to resolve your concern, and in the case that you are not satisfied with the resolution you may choose to follow the process outlined on the Dispute Resolution Section

Information regarding the appropriate filing fee to send with the Demand to the AAA (including the possible waiver of all or part of that fee) at (800) 778-7879 or AAA Case Filing Services at (877) 495-4185. Note: AAA does not provide BarterPlace customer support and is only able to provide information regarding initiating an arbitration proceeding against BarterPlace. If you initiate an arbitration proceeding against BarterPlace and are not able to pay all or part of the AAA filing fee (and do not receive a waiver of the unpayable amount), and so long as the total amount of the relief you are seeking in the Demand is $10,000 or less, then you may send a written request for payment of the unpayable amount to BarterPlace at the BarterPlace Notice Address. BarterPlace shall consider your request and will, in its own discretion, either (1) pay the unpayable amount to the AAA directly or (2) send notice to you of its denial of your request within 10 business days of the receipt thereof. Further, if you initiate an arbitration proceeding against BarterPlace, and so long as the total amount of the relief you are seeking in the Demand is $10,000 or less, then you may send proof of your payment of all or part of the AAA filing fee to BarterPlace at the BarterPlace Notice Address, and BarterPlace may reimburse you for that actually paid amount at the discretion of BarterPlace.

The arbitration shall be administered by the AAA and shall be governed by the AAA Commercial Arbitration Rules and Mediation Procedures and the AAA Supplementary Procedures for Consumer-Related Disputes (collectively, “AAA Rules”), as modified by this Agreement. The AAA Rules are available by calling AAA Customer Service at (800) 778-7879. The arbitrator selected to resolve the dispute between you and BarterPlace shall bound by the terms of this Agreement. All arbitration hearings shall take place exclusively in San Francisco County, California. Except, however, that if the total amount of the relief you are seeking in the arbitration is $10,000 or less you may choose whether the arbitration shall be conducted solely on the basis of documents submitted to the arbitrator, through a telephone hearing, or by an in-person hearing, as established by the AAA Rules. If the total amount you are seeking is greater than $10,000 then your rights and BarterPlace’ rights to an arbitration hearing shall be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which any award is based.

You and BarterPlace agree that unless and until the arbitrator determines the monetary and/or other relief, if any, to which you and/or BarterPlace is entitled in connection with the dispute being arbitrated, neither you nor BarterPlace shall disclose to the arbitrator the amount of any settlement offer(s) that you and/or BarterPlace previously made to the other in connection with said dispute.

However, if BarterPlace did not make any written settlement offer to you prior to the arbitrator in said individual arbitration issuing you an award, then so long as the arbitrator awards you any monetary relief on the merits of your Claim against BarterPlace, you and your attorney (if any) shall be entitled to receive the Member Incentive and the Attorney Incentive, respectively.

The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of any fees and/or expenses, the Member Incentive and/or the Attorney Incentive at any time during the individual arbitration and/or upon request by you and/or BarterPlace made within 14 days of the arbitrator’s ruling on the merits of said individual arbitration. The Attorney Incentive supplements and does not supersede any right you may have under applicable law to receive attorneys’ fees and/or expenses in connection with the individual arbitration (including as may be awarded to you by the arbitrator), but in no event may you recover a duplicative award of attorneys’ fees and/or expenses. If BarterPlace prevails in an individual arbitration against you and is entitled under applicable law to receive attorneys’ fees and/or expenses, BarterPlace hereby agrees that it shall not seek and shall refuse to receive such an award.

The arbitrator may award any form of individual relief in your favor, but solely to the extent warranted by your individual Claim. You and BarterPlace agree that, except as otherwise specifically provided in this Agreement, you and BarterPlace may bring a Claim against the other solely in your or BarterPlace’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, and, except as otherwise set forth herein, no arbitrator may consolidate more than one person’s Claim and/or otherwise preside over any form of a representative or class proceeding. If all or part of this specific paragraph is found by a court of competent jurisdiction to be unenforceable after final appeal, then the entirety of this Dispute provision shall be deemed null and void.

AT ANY TIME AND IN ITS SOLE DISCRETION BARTERPLACE MAY DIRECT THE AAA TO CONSOLIDATE ANY AND ALL PENDING INDIVIDUAL ARBITRATION CLAIMS THAT (i) ARISE IN SUBSTANTIAL PART FROM THE SAME AND/OR RELATED TRANSACTIONS, EVENTS AND/OR OCCURRENCES, AND (ii) INVOLVE A COMMON QUESTION OF LAW AND/OR FACT WHICH, IF RESOLVED IN MULTIPLE INDIVIDUAL AND NON-CONSOLIDATED ARBITRATION PROCEEDINGS, MAY RESULT IN CONFLICTING AND/OR INCONSISTENT RESULTS. IN SAID EVENT, YOU HEREBY CONSENT TO CONSOLIDATED ARBITRATION, IN LIEU OF INDIVIDUAL ARBITRATION, OF ANY AND ALL CLAIMS YOU MAY HAVE AGAINST BARTERPLACE AND THE AAA RULES SET FORTH HEREIN SHALL GOVERN ALL PARTIES.

As also noted above, the arbitrator may make rulings and resolve disputes as to the payment and reimbursement of any fees and/or expenses, the Member Incentive and/or the Attorney Incentive at any time during the consolidated arbitration and/or upon request by you and/or BarterPlace made within 14 days of the arbitrator’s ruling on the merits of said arbitration. Similarly, the Attorney Incentive supplements, and does not supersede, any right you may have under applicable law to receive attorneys’ fees and/or expenses in connection with the consolidated arbitration (including as may be awarded to you by the arbitrator), but in no event may you recover a duplicative award of attorneys’ fees and/or expenses. If BarterPlace prevails in a consolidated arbitration against you and is entitled under applicable law to receive attorneys’ fees and/or expenses, BarterPlace hereby agrees that it shall not seek and shall refuse to receive such an award. If all or part of this specific paragraph is found by a court of competent jurisdiction to be unenforceable after final appeal, then the entirety of this Dispute provision shall be deemed null and void, but shall be severed from the remaining terms of service.

Notwithstanding any provision in this Agreement to the contrary, you agree that if BarterPlace changes this Dispute provision in the future (other than a change to the BarterPlace Notice Address and/or any Internet address, telephone number and/or document title set forth in this provision) you may reject that change by sending written notice within 30 days of the change to BarterPlace at the BarterPlace Notice Address. By rejecting said change you reaffirm that you shall seek to resolve all disputes between you and BarterPlace solely through arbitration in accordance with this Agreement.

If there is a dispute between participants on this site, or any third party, BarterPlace is under no obligation to become involved. In the event that Member has a dispute with one or more members, Member hereby releases BarterPlace and its directors, officers, employees, agents, independent contractors, representatives, parents, subsidiaries, affiliates, successors, assigns and licensees from all claims, actions, losses, liabilities, judgments, damages, costs and expenses of every kind or nature (regardless of whether actual or consequential, known or unknown, suspected or unsuspected, disclosed or undisclosed), arising out of or in any way related to such disputes and/or any the Services. If Member is a California resident, Member hereby waives California Civil Code Section 1542, which says “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor.”

K. Termination

Either party may terminate use of the BarterPlace website or the Services with or without cause at any time and effective immediately upon written notice to the other party. BarterPlace may terminate with or without cause at any time and effective immediately, at BarterPlace’ sole discretion, including but not limited to Member’s failure to conform with these terms and conditions of the Agreement. BarterPlace shall not be liable to Member or any third party for termination of use of BarterPlace or the Services. Member’s right to use BarterPlace or the Services shall cease immediately. Member shall have no right and BarterPlace will have no obligation thereafter to forward any unread or unsent messages to Member or any third party. Sections G-L shall survive termination of the Agreement.

L. Disclaimer of Warranties

MEMBER AGREES THAT USE OF THE BARTERPLACE WEBSITE AND THE SERVICES IS ENTIRELY AT MEMBER’S OWN RISK. THE BARTERPLACE WEBSITE AND THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, BARTERPLACE DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE BARTERPLACE WEBSITE AND THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, BARTERPLACE DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE BARTERPLACE WEBSITE OR THE SERVICES ACCESSED THROUGH ANY LINKS ON THE BARTERPLACE WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, BARTERPLACE DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE BARTERPLACE WEBSITE OR THE SERVICES. Please note that some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

M. Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL BARTERPLACE BE LIABLE ON ACCOUNT OF MEMBER’S USE OR MISUSE OF THE BARTERPLACE WEBSITE OR THE SERVICES, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE BARTERPLACE WEBSITE OR THE SERVICES, FROM INABILITY TO USE THE BARTERPLACE WEBSITE OR THE SERVICES, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE BARTERPLACE WEBSITE OR THE SERVICES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE BARTERPLACE WEBSITE OR THE SERVICES OR ANY LINKS ON THE BARTERPLACE WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE BARTERPLACE WEBSITE OR THE SERVICES OR ANY LINKS ON THE BARTERPLACE WEBSITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdiction, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.

N. Indemnification

Member agrees to indemnify and hold BarterPlace, its subsidiaries, affiliates, successors, assigns, directors, officers, agents, employees, service providers, and suppliers harmless from any dispute which may arise from a breach of terms of this Agreement. Member agrees to hold BarterPlace harmless from any claims and expenses, including reasonable attorney’s fees and court costs, related to Member’s violation of this Agreement.

O. Governing Law

The Agreement and the relationship between Member and BarterPlace shall be governed by and construed in accordance with the laws of the State of California, without regard to any conflict of law principles to the contrary. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, you and BarterPlace nevertheless agree that the court should endeavor to give effect to your and BarterPlace’ intentions as reflected in the provision, and the other provisions of the Agreement shall remain unaffected and in full force and effect. You agree that regardless of any law to the contrary, any claim or cause of action arising out of or related to BarterPlace, the Services and/or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. BarterPlace makes no representation that any material and/or other content on this website is appropriate and/or available for use in other locations, and accessing such material and/or content from territories where it is illegal is prohibited. Any persons who choose to access this website from other locations do so on their own initiative and at their own risk, and are solely responsible for compliance with all applicable laws.

P. Tax Law

BarterPlace is not responsible for Member’s state and federal tax compliance. Any Goods and Services exchanged through BarterPlace may be subject to state and federal tax requirements, and Members are encouraged to consult with an accountant before, during, and after conducting transactions through BarterPlace.

Q. No Liability For User Comments

BarterPlace is a 3rd party web site that allows users to post comments on the website. If a Member finds a particular posting made by a 3rd party to be defamatory, Member must contact the author of the posting. According to Section 230 of the Federal Communications Decency Act, the host of the website is not considered legally responsible for the comments made by the site’s visitors or members. So if any comment is truly objectionable or even defamatory in nature, the offended party must legally go after the person who posted the comment, not the website or web host itself.

R. Agent For Service of Process

BarterPlace is a California Limited Liability Company, and as such is registered with the California Secretary of State. The California Secretary of State maintains a database listing the current Agent For Service of Process of all Limited Liability Companies. Accordingly, information regarding the BarterPlace Agent For Service of Process may be found by visiting the California Secretary of State website.