Barter Terms of Service
Member and User Conduct (Barter Service)
No individual user can have more than one trading account at the same time. OUT2connect has the right to limit the number of accounts a user may have for a single address or household when in our sole judgment this limitation is necessary to protect our users from fraud. A user is prohibited from sharing their account password with other persons.
Registration for Own Use
Individual users must register in their own names. It is expressly prohibited for a user to register in another name, real or fictitious. To so register constitutes fraud and may be subject to criminal prosecution.
Verification of Identity
OUT2connect may utilize a variety of techniques to verify the accuracy of the information that is provided by our users when they register on the Site. Nevertheless, we do not and cannot verify with certainty the identity of each user and no assurance can be given that the purported identity of a user is their real identity.
The user is required to maintain the confidentiality of their password. The user is responsible for all activities associated with the use of their password. OUT2connect is not responsible for unauthorized activities on your account and you may be liable for any charges that arise as a consequence of such activities.
OUT2connect is not a party to a trade. We are not your trading partner. Therefore, we are not responsible for and have no control over the accuracy of the information provided in connection with the posting of any item, the quality or condition, safety or legality of any item that is traded, or of the ability of any user to enter into a commitment to trade. We cannot and will not review each item that is posted to the Site. The user agrees to hold OUT2connect harmless for any violation of law or regulations that arises from their posting of an item or their trading of an item if and to the extent that such action results in civil or criminal liability. We do not and cannot assure the completion of a trade, including the actual delivery of the items that are to be exchanged. Further, in the event of a dispute between users, the users agree to release OUT2connect, its directors, officers, employees, and agents, from any and all claims, demands and damages that may arise, directly or indirectly, from such disputes. We do not transfer legal ownership of items from one user to the other, and this User Agreement does not in any way modify the laws and regulations that govern the transfer of the legal ownership of an item by its physical delivery or otherwise, including, without limitation, the laws and regulations that govern transfer of title to real property.
- A user will not post content or trade items that are illegal or otherwise prohibited by this User Agreement or by applicable laws and regulations. A user will not post content on the Site that infringes on the legal rights of third parties. A user will only post items on the Site that they can legally trade.
- A user will not post content or trade items that are pornographic or otherwise sexually explicit in nature.
- A user will not engage in fraudulent trading practices (including, without limitation, not shipping an item when obligated to do so and not acknowledging the delivery of an item when actually received or offering products or services identified by government agencies to have a high likelihood of being fraudulent).
- A user will not knowingly post false, inaccurate, misleading, defamatory or libelous content, or content that is unlawfully threatening or harassing, or content that disparages the Site or its users in an uncritical or unconstructive manner.
- A user will access the Site and use our services only for the purpose of potentially or actually trading their items on the Site or otherwise acquire items posted on the Site and not, for example, but without limitation, to directly or indirectly benefit or promote a competitive enterprise.
- A user will in good faith post items only in their appropriate categories and appropriate areas on the Site.
- A user will describe each of their items accurately and fairly as to type, attributes, including condition, and other factors that may be relevant to the decision of another user to trade for that item.
- A user is obligated to complete a trade once they have entered into a trade agreement, i.e., when their trade has been Confirmed, unless there is clear evidence that there has been material misinformation relating to their basis for the trade (such as a typographical error that substantially changes the description of the item). The obligation of a user to complete a trade includes the safe and prompt delivery of their item to their trading partner at the address designated for its receipt. A user will ship their items in a time and manner consistent with the provisions of this User Agreement. By either Accepting an offer or Confirming a trade, a user agrees to be bound by the conditions of the trade unless the conditions are contrary to applicable law and regulations, or are in violation of this User Agreement. Unless an item is expressly for loan or lease, or involves a service or real estate, or the trading partners have expressly agreed otherwise, a user will become the legal owner of an item at the time of its physical receipt in accordance with the California Uniform Commercial Code.
- If an item is expressly for loan or lease, including the temporary use of real estate, the item will be delivered in clean and serviceable condition and as described by its owner. The user who has borrowed or otherwise bargained for the temporary use of an item will return the item in the same condition in which it was received; if the item is damaged, the user will promptly notify its owner of the damage and will be liable for its replacement or repair. In the case of the use of real estate, the agreed upon dates of exchange cannot be changed without the consent of the owner of the property, which consent will not be unreasonably withheld.
- A user will not in any way interfere with another user's ability to trade or the proper working of the Site. A user will take no action that may impose, in the sole discretion of OUT2connect, an unreasonable or disproportionate demand on the Site's infrastructure.
- A user will not value their item incorrectly or otherwise circumvent or manipulate OUT2connect 's fee structure to avoid or reduce their payment of applicable fees, and will do whatever is reasonably necessary to assure their timely payment of any and all fees owed to OUT2connect.
- A user will not distribute or post, or knowingly cooperate in the distribution or posting of, spam, or distribute or post any promotional materials not directly related to their trading activities on the Site.
- A user will not distribute, or knowingly cooperate in the distribution of, viruses or other technologies that may damage the Site, the other users of the Site, or OUT2connect.
- A user will not employ any robot, spider, off-line reader, scraper or other automated means to access the Site without the express consent of OUT2connect. OUT2connect hereby consents to the use of spiders by public search engines for the sole purpose of creating publicly available indices of information on the Site, excluding such information as may be personally identifiable to users. We reserve the right to revoke this exception at any time, either in its entirety or for specific circumstances.
- A user will not copy, modify, create derivative works from, distribute or publicly display content from the Site that they did not originate, or copy, modify, create derivative works from, distribute or publicly display the copyrights and trademarks of OUT2connect, or otherwise infringe on any copyright, trademark, trade secret, patent or other proprietary rights under the laws of any jurisdiction.
- A user will not directly or indirectly collect information about other users of the Site without their express consent or distribute their personal information in violation of applicable laws.
OUT2connect is a cashless trading site and money, including any coins or banknotes issued by a governmental entity and accepted as a medium of exchange and measure of value, cannot be used in or made part of a trade for the purpose of facilitating the trade. The buying or selling of items is prohibited. (This is not intended to prohibit the trading of collectible coins or banknotes or the use of points.)
The trading of certain items may be prohibited or restricted under the importation and exportation laws and regulations of various jurisdictions or under laws and regulations governing the sale, transfer or distribution of certain items. The legal treatment of items may vary from state to state or country to country. Further, OUT2connect reserves the right as a matter of policy and in its sole discretion to prohibit or restrict the trading of items. The user is responsible for assuring the legality of any items they post and complying with any applicable trading restrictions, which may or may not relate to where the item is to be delivered, and that the posting of such items is not contrary to OUT2connect policy. A user will not trade for an item that is prohibited if received at their Shipping Address or that does not comply with applicable trading restrictions. If you post items that may not be legally shipped to certain destinations, as a part of your post or in your description of the item you should so limit the destinations to which you are willing to ship. Examples of items that are prohibited or may be restricted include, without limitation, the following:
- Adult material
- Alcoholic beverages, including services related to the distribution of alcoholic beverages
- Animals and wildlife products
- Annuities, or lottery contracts, or services associated with the purchase of annuities or lottery contracts, layaway systems, off-shore banking or transactions to finance or refinance debts funded by a credit card
- Arms and armament, including ammunition, firearms, or certain firearms parts or accessories, and certain weapons or knives regulated under applicable law
- Counterfeit or stolen items
- Credit cards
- Drugs, including narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety, whether or not by prescription, and drug paraphernalia
- Embargoed goods and goods from or to prohibited countries
- Gambling equipment, or services that involve gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to, casino games, sports betting, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes unless the operator has obtained prior approval from OUT2Connect and the operator and customers are located exclusively in jurisdictions where such activities are permitted by law.
- Hazardous items or items that are perishable and may become hazardous
- Human parts and remains
- Items that encourage, promote, facilitate or instruct others to engage in illegal activity
- Items that support or facilitate pyramid or ponzi schemes, matrix programs, other "get rich quick" schemes, or certain multi-level marketing programs
- Medical devices
- Monetary instruments, including without limitation travelers checks or money orders
- Pesticides and herbicides
- Prohibited services, including certain sexually oriented services
- Recalled or defective items
- Services involving certain credit repair or debt settlement
- Services of payment processors to collect payments on behalf of merchants
- Services related to currency exchange or check cashing
- Sexually oriented materials
- Stocks, bonds and other securities, including without limitation options, futures, or investment interests in any equity or property
- Surveillance equipment
- Tobacco products
As a matter of OUT2connect policy, users are prohibited from posting items or content that disparages a person's race, ethniticity, sexual preference, or gender, or promotes discrimination or intolerance on the basis of race, ethniticity, sexual preference, or gender, promotes hatred, violence or the financial exploitation of a crime, or promotes organizations with such views. If a user posts items that are adult in nature, such items must be described in a manner that is not offensive to other users or will not be considered obscene, and can be traded only to individuals that can legally own or possess the items. When a user trades for such an item, they are certifying that they have the legal right to own or possess the item. Items that constitute child pornography, or items that promote child pornography or the exploitation of children, are strictly prohibited.
The prior written approval of OUT2connect is required for the collection of donations as a charity or non-profit organization, trading in or the disposal or acquisition of jewels, precious metals and stones as a business, offering services related to the transmission of money or the sale of stored value cards, offering escrow services, offering dating services, or offering file sharing services or access to newsgroups.
Users are required to comply with the Rules of Conduct that are set forth in this User Agreement and to not engage in any activities that would violate or could lead to the violation of these Rules. Moreover, users will not take any actions that may result in liability to OUT2connect t or interfere with our ability to provide services.
Shipping of Goods
When a trade for goods has been confirmed, the user is required to ship their item to the Shipping Address of their trading partner within 72 hours, unless otherwise agreed by their trading partner. Failure to ship an item on a timely basis can result in the suspension the user’s access to the Site. OUT2connect is not responsible for the loss or damage of an item in shipping. The timely delivery of an item in the same condition that the user ascribed to that item is the responsibility of the user who is shipping the item. If an item is returned to a user as defective, the user agrees not to post that item for trade until the defect has been corrected. If an item is not delivered, the user who was responsible for shipping the item is obligated, at their expense, to promptly return any items they received in trade for the undelivered item unless their trading partner has agreed to accept a replacement item.
Delivery of Services or Access to Real Estate
The user is required to deliver their services or provide access to their real estate on the agreed upon exchange dates. Failure to do so can result in the suspension of the user’s access to the Site. If services are not delivered in a timely manner or access to real estate is not provided on the agreed upon exchange dates, the provider is obligated, at their expense, to promptly return any items they received for the undelivered item unless their trading partner has agreed to accept a replacement item.
Permanent Exchange of Real Estate
The user is solely responsible for taking any and all actions that may be required to transfer ownership and perfect title to real property, including the use and associated costs of intermediaries such as lawyers, mortgage insurers, and title companies. The permanent exchange of real property does not necessarily require a broker and/or real estate agent if the property has not been listed.
Content of On-Site Forums
OUT2connect cannot and will not review all communications made by users in forums, discussion boards, on Site blogs, or other interactive communications facilities that we may provide to users of our Site. We reserve the right to monitor any such interactive communications facilities and to modify, edit or delete any communications that violate this User Agreement or that, in our discretion, we deem to be contrary to the policies of OUT2connect or inappropriate or offensive to our users. We further reserve the right to use posted communications for our own purposes, including, without limitation, marketing and promotion.
Licensing Use of Information
While there may be significant tax advantages when you trade for what you want, we make no representations as to the tax consequences to users of their completed trades. The user is solely responsible and should not rely on OUT2connect to report their trading activity to the extent required by tax or other laws and for the payment of any and all taxes (including, if applicable, income taxes and/or sales and use taxes) that may arise as the result of a trade.
Remedies for Violation by User
You assume certain risks when and to the extent you use the Site, including the possibility that you will find the content of other users offensive, inaccurate or deceptive, and the trading practices of other users unfair or predatory. There is the risk of inadvertently trading with individuals who do not have the legal right to trade or are otherwise dealing under false pretenses. The user agrees to accept such risks and OUT2connect is not liable for the acts or omissions of the users of the Site.
DISCLAIMER OF WARRANTIES
Your use of the Site and its content is at your sole risk. The user agrees that obtaining any information or materials, or goods, services, or the use of real estate, whether temporary or permanent, through the Site is done at the user’s discretion and at the user’s own risk and that the user will be responsible for any and all damages that may result from any transaction.
Our services are provided on an “as is” and “as available” basis. To the extent permitted by law, OUT2connect disclaims all warranties of any kind, express or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose.
Neither OUT2connect or its directors, officers or employees warrant that (1) the Site or its content will meet your requirements or be accurate, complete, timely or reliable, (2) the Site will be available for use on an uninterrupted basis and will be accessible, timely or secure, (3) any material published on or obtained or accessible through the Site will be accurate, complete, timely or reliable, (4) errors in the Site or its content will be corrected, (5) the Site will be free of viruses or other technologies that can damage its users, (6) there is or should be any implied warranty arising from course of dealing or usage of trade, and (7) the technological infrastructure of the Site does not infringe on the proprietary rights of others.
No advice or information, whether written or oral, obtained from OUT2connect or through your use of the Site will create any warranty not expressly stated in this User’s Agreement.
Certain jurisdictions do not permit a disclaimer of implied warranties, and in this case the above exclusions may not apply to you. You may have other legal rights that can vary from jurisdiction to jurisdiction.
LIMITS OF LIABILITY
In no event will OUT2connect or its directors, officers or employees be liable for lost profits or any special, incidental, consequential, or exemplary damages arising out of or in connection with your use of the Site or this User Agreement (whether or not arising from active, passive or imputed negligence).
You agree that neither OUT2connect or its directors, officers and employees are responsible or have any liability to you or third parties for defamatory or libelous, offensive or obscene inaccurate, or threatening or harassing conduct by another party, or for the infringement by another party of your rights to privacy or publicity or to real or intellectual property.
Your exclusive remedy against OUT2connect or its directors, officers and employees for any dissatisfaction with our services, your trading experience, or the terms and conditions of this User Agreement is your discontinuation of your use of the Site.
You will indemnify and hold harmless OUT2connect and its directors, officers, employees and agents from any claims or demands, including reasonable attorneys’ fees that may be incurred in connection with such actions, arising, directly or indirectly, from your breach of the terms and conditions of this User Agreement or any law or regulation, or from any claims for injury or damage to person or property arising from real estate owned or from a property transaction to which you are a party.
Compliance with Applicable Laws and Regulations
A user will comply with all laws and regulations, local, national and international, applicable to their trading activities on the Site.
No agency, partnership or joint venture relationship, or that of employer to employee or franchisor to franchisee, exists between the user and OUT2Connect.
Arbitration of Disputes Brought by User
You agree that any claim asserted against OUT2connect, or its directors, officers or employees, will be brought exclusively pursuant to the rules of the American Arbitration Association in Los Angeles, CA, USA. The judgment rendered by the arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing, you are encouraged to first contact OUT2connect in order to affect a resolution if you are dissatisfied with our services or dispute our actions. We will endeavor to respond on a reasonable and timely basis.
Resolution of Disputes Brought by OUT2connect
Any claim by OUT2connect against the user may be brought pursuant to the rules of the American Arbitration Association or may be adjudicated by a court of competent jurisdiction, either in Los Angeles, CA, USA, or where the user is located (either the user’s home address or the address of the user’s principal place of business). With respect to the foregoing, the manner of dispute resolution and its venue is at our discretion and without reference to the choice of laws provisions of any jurisdiction. The user agrees to submit to the personal jurisdiction of the courts located in Los Angeles, CA, USA.
Member and User Conduct (Networking)
The membership terms are subject to change by OUT2connect at any time, without notice.
As a Member, you agree that:
You are solely responsible for the content or information you publish or display (hereinafter, "post") on the OUT2connect service, or transmit to other OUT2connect Members.
You will not post on the OUT2connect service, or transmit to other OUT2connect members or employees, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity).
You will use the OUT2Connect service in a manner consistent with any and all applicable laws and regulations. You will not include in your profile any telephone numbers, street addresses, last names, URL's, E-mail addresses, offensive anatomical or sexual references, or offensive sexually suggestive or connotative language, and you will not post any photos containing nudity or personal information. OUT2connect reserves the right, but has no obligation, to reject any profile or photo that does not comply with these prohibitions.
You will not engage in advertising to, or solicitation of, other members to buy or sell any products or services through the Service. You will not transmit any chain letters or junk E-mail to other OUT2connect members.
You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.
You are solely responsible for your interactions with other OUT2connect t.com members. OUT2Connect reserves the right, but has no obligation, to monitor disputes between you and other members. Any infraction may lead to legal remedy on behalf of OUT2connect.
Indemnity by Member
You will defend, indemnify, and hold harmless OUT2connect, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of the OUT2connect.com Service, including, but not limited to, any breach by you of the terms of this Agreement.
Opinions, advice, statements, offers, or other information or content made available through the OUT2connect service are those of their respective authors and not of OUT2connect, and should not necessarily be relied upon. Such authors are solely responsible for such content. OUT2connect does not guarantee the accuracy, completeness, or usefulness of any information on the Service and neither adopts nor endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made. Under no circumstances will OUT2connect be responsible for any loss or damage resulting from anyone's reliance on information or other content posted on the OUT2connect com Service, or transmitted to OUT2connect.com members.
WARNING - PLEASE READ: It is possible that other OUT2connect members or users (including unauthorized users, or "hackers") may post or transmit offensive or obscene materials on the OUT2connect.com Service and that you may be involuntarily exposed to such offensive or obscene materials. It also is possible for others to obtain personal information about you due to your use of the Service, and that the recipient may use such information to harass or injure you. OUT2connect is not responsible for the use of any personal information that you may choose to disclose on the Service. Please carefully select the type of information that you post on the OUT2connect.com service or release to others.
OUT2connect reserves the right, but has no obligation, to monitor the materials posted in the public areas of the OUT2connect.com Service. OUT2connect shall have the right to remove any such material that violates, or is alleged to violate, the law, or this Agreement. Notwithstanding this right of OUT2connect, you remain solely responsible for the content of the materials you post in the public areas of the Service and your private email messages. Emails sent between you and other OUT2connect.com members that are not readily accessible to the general public will be treated as private by OUT2connect, to the extent required by applicable law.
Removal of Information
While we do not and cannot review every message sent by users of the Service, and are not responsible for any content of these messages, we reserve the right, but are not obligated, to delete or move content including without limitation profiles, public postings and messages, that we, in our sole discretion, deem to violate the code of conduct set out above or any applicable content guidelines, or to be otherwise unacceptable. You shall remain solely responsible for the content of profiles, public postings and messages you may transmit or record to the Service or send to the users of the Service.
OUT2connect owns and retains other proprietary rights in the OUT2connect Service. The Service contains the copyrighted material, trademarks, and other proprietary information of OUT2connect and its licensors. In addition, other members may post copyrighted information, which has copyright protection whether or not it is identified as copyrighted. Except for that information which is in the public domain or for which you have been given permission, you will not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
By posting information or content to any public area of OUT2connect, you automatically grant, and you represent and warrant that you have the right to grant, to OUT2connect and other OUT2connect.com members an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
Information Supplied by Member
Mobile Fees and Payments
Any questions or disputes regarding billing, fees or payments should be addressed to your third party mobile phone service provider.
To resolve a complaint regarding OUT2connect.com service, you should first contact Customer Support at:
Disclaimer of Warranty
OUT2connect provides the OUT2connect.com Service on an "as is" basis and grants no warranties of any kind, express, implied, statutory, in connection with the Service or in connection with any communication with OUT2connect or its representatives, or otherwise with respect to the Service. OUT2connect specifically disclaims any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. OUT2connect does not warrant that your use of the OUT2connect.com service will be secure, uninterrupted, always available, or error-free, or will meet your requirements, or that any defects in the Service will be corrected. OUT2connect disclaims liability for, and no warranty is made with respect to, telephone service, including coverage, range, or any interruption in telephone service.
Limitation of Liability
In no event will OUT2connect be liable (i) to you for any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of data, loss of programs, lost profits, cost of procurement of substitute services or service interruptions) arising out of the use of or inability to use the OUT2connect.com Service, even if OUT2connect or its agents or representatives know or have been advised of the possibility of such damages or (ii) to any person other than you. Notwithstanding anything to the contrary contained herein, OUT2connect 's. liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to OUT2connect for the Service during the term of membership.
In addition, OUT2connect disclaims all liability, regardless of the form of action, for the acts or omissions of other members or users (including, but not limited to, unauthorized users, or "hackers") of the OUT2connect Service.
State by State Variations
Certain jurisdictions limit the applicability of warranty disclaimers and limitations of liability so the above disclaimers of warranty and limitations of liability may not apply to you.
You agree that California law (regardless of conflicts of law principles) shall govern this Agreement, that any dispute arising out of or relating to this Agreement shall be subject to the exclusive venue of the federal and state courts in the State of California, and that you submit to the exclusive jurisdiction of the federal and state courts in the State of California in connection with the Service or this Agreement. This Agreement, accepted upon registering for the OUT2connect.com Service, contains the entire agreement between you and OUT2connect regarding the use of the Service. This Agreement may only be amended upon notice by OUT2connect to you, or by a written document signed by you and an authorized official of OUT2connect. Unless otherwise explicitly stated, the Terms will survive termination of your membership to the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
OUT2connect will issue a refund within 72 hours of an initial subscription provided that none of the Services have been utilized. Beyond these conditions, requests for refunds will be at the sole discretion of OUT2connect.com and will be reviewed on a member to member basis.
Termination of User Privileges for Infringement and Contact Information for Suspected Copyright Infringement:
We will terminate the privileges of any user who uses this Site to unlawfully transmit copyrighted material without a license, express consent, valid defense or fair use exemption to do so. In particular, users who submit user content to this Site, whether articles, images, stories, software or other copyrightable material must ensure that the content they upload does not infringe the copyrights or other rights of third parties (such as privacy or publicity rights). After proper notification by the copyright holder or it agent to us, and confirmation through court order or admission by the user that he or she has used this Site as an instrument of unlawful infringement, we will terminate the infringing users' rights to use and/or access to this Site. We may also in our sole discretion decide to terminate a user's rights to use or access to the Site prior to that time if we have a good faith belief that the alleged infringement has occurred.
If you believe that your copyright has been infringed through the use of this Site, please contact us.