Terms of Use
The following Terms of Use outline your obligations when using the VirtualBarter website. You can also review our Privacy Policy, which outlines
our obligations and practices towards handling any personal information that you may provide to us.
our obligations and practices towards handling any personal information that you may provide to us.
Acceptance of Terms
The web pages available at virtualbarter.com, and all linked pages ("Site"), are owned and operated by Intertrade Capital Group, Ltd. d/b/a VirtualBarter. ("INTERTRADE"), , and is accessed by you under the Terms of Use described below ("Terms of Use").
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES. BY ACCESSING THIS SITE OR USING ANY PART OF
THE SITE OR ANY CONTENT OR SERVICES (AS EACH IS DEFINED BELOW) ON THE SITE, YOU AGREE TO BECOME BOUND BY THESE
TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS THE SITE OR USE THE CONTENT OR ANY SERVICES IN THE SITE.
Modifications of Terms of Use
VirtualBarter reserves the right, at its sole discretion, to modify or replace the Terms of Use at any time without notice.
Description of Service
Subject to full compliance with the Terms of Use, VirtualBarter may offer to provide certain services and content, as described more fully on the
Site, ("Services"). Services shall include, but not be limited to, any service VirtualBarter performs for you, VirtualBarter may change, suspend or discontinue the Services including any content for any reason, at any time, including the availability of any feature or content. VirtualBarter may
also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
Site, ("Services"). Services shall include, but not be limited to, any service VirtualBarter performs for you, VirtualBarter may change, suspend or discontinue the Services including any content for any reason, at any time, including the availability of any feature or content. VirtualBarter may
also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
User Conduct
As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms of Use, or any other
purpose not reasonably intended by VirtualBarter.
purpose not reasonably intended by VirtualBarter.
By way of example, and not as a limitation, you agree not to use the Services to violate any laws in your jurisdiction (including but not limited to copyright laws);
Additionally, you agree that you will not:
(i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure;
(ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or
(iii) bypass any measures we may use to prevent or restrict access to the Site;
IN ADDITION, YOU HEREBY AGREE THAT YOU SHALL NOT USE THE SERVICE (INCLUDING, WITHOUT LIMITATION, BY "SCRAPING OR
COPYING" ANY CONTENT) ON BEHALF OF (OR PER THE REQUEST OR INSTRUCTION OF) ANY THIRD PARTY. FURTHERMORE, YOU SHALL NOT REQUEST THAT ANY THIRD PARTY, OR PAY OR OTHERWISE ATTEMPT TO INFLUENCE ANY THIRD TO, MANIPULATE OR OTHERWISE
AFFECT THE SITE IN ANY MANNER (INCLUDING, WITHOUT LIMITATION, BY PAYING ANY OTHER USER TO "SCRAPE OR COPY" ANY
CONTENT).
Proprietary Rights
The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the
Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the
sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent
of VirtualBarter. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of VirtualBarter,
and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or
otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service.
Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the
sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent
of VirtualBarter. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of VirtualBarter,
and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or
otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service.
Indemnity
You will indemnify and hold harmless VirtualBarter, its parents, subsidiaries, affiliates, customers, vendors, officers and employees from any liability, damage or cost (including reasonable attorneys. fees and cost) from (i) any claim or demand made by any third party due to or arising out
of your access to the Site, use of the Services, violation of the Terms of Use by you, or the infringement by you, or any third party using your account
or User ID, of any intellectual property or other right of any person or entity.
of your access to the Site, use of the Services, violation of the Terms of Use by you, or the infringement by you, or any third party using your account
or User ID, of any intellectual property or other right of any person or entity.
Warranty Disclaimers
THE SERVICE, CONTENT, AND SITE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
IN NO EVENT SHALL VIRTUALBARTER OR ITS PROVIDERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR
OTHER LEGAL THEORY (I) WITH RESPECT TO THE SITE, THE SERVICE OR ANY CONTENT FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $10. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
OTHER LEGAL THEORY (I) WITH RESPECT TO THE SITE, THE SERVICE OR ANY CONTENT FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $10. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Termination
VirtualBarter may terminate or suspend any and all Services immediately, without prior notice or liability, if you breach any of the terms or
conditions of the Terms of Use. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate
your account, you must notify VirtualBarter by email or postal mail. All provisions of the Terms of Use which by their nature should survive
termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
conditions of the Terms of Use. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate
your account, you must notify VirtualBarter by email or postal mail. All provisions of the Terms of Use which by their nature should survive
termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Miscellaneous
No agency, partnership, joint venture, or employment is created as a result of the Terms of Use and you do not have any authority of any kind to
bind VirtualBarter in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed
a waiver of any further rights hereunder. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision shall be limited
or eliminated to the minimum extent necessary so that the Terms of Use shall otherwise remain in full force and effect and enforceable. The
Termsof Use shall be governed by and construed in accordance with the laws of the state of Florida, as if made within Florida between two residents thereof, and the parties submit to the exclusive jurisdiction of the Circuit Court of Manatee County. Notwithstanding the foregoing
sentence, (but without limiting VirtualBarter's right to seek injunctive or other equitable relief in any court of competent jurisdiction), any disputes arising with respect to this Agreement shall be referred to an arbitrator affiliated with JAMS, The Resolution Experts. The arbitrator shall be
selected by joint agreement of the parties. In the event the parties cannot agree on an arbitrator within thirty (30) days of the initiating party providing the other party with written notice that it plans to seek arbitration, the parties shall each select an arbitrator affiliated with JAMS, which arbitrators
shall jointly select a third such arbitrator to resolve the dispute. The written decision of the arbitrator shall be final and binding on the parties. The arbitration proceeding shall be carried on and heard in Bradenton, Florida using the English language and pursuant to the rules of JAMS. In any action or proceeding to enforce rights under the Terms of Use, the prevailing party will be entitled to recover costs and attorneys' fees. Both parties agree that the Terms of Use is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all
previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms of Use, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.
bind VirtualBarter in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed
a waiver of any further rights hereunder. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision shall be limited
or eliminated to the minimum extent necessary so that the Terms of Use shall otherwise remain in full force and effect and enforceable. The
Termsof Use shall be governed by and construed in accordance with the laws of the state of Florida, as if made within Florida between two residents thereof, and the parties submit to the exclusive jurisdiction of the Circuit Court of Manatee County. Notwithstanding the foregoing
sentence, (but without limiting VirtualBarter's right to seek injunctive or other equitable relief in any court of competent jurisdiction), any disputes arising with respect to this Agreement shall be referred to an arbitrator affiliated with JAMS, The Resolution Experts. The arbitrator shall be
selected by joint agreement of the parties. In the event the parties cannot agree on an arbitrator within thirty (30) days of the initiating party providing the other party with written notice that it plans to seek arbitration, the parties shall each select an arbitrator affiliated with JAMS, which arbitrators
shall jointly select a third such arbitrator to resolve the dispute. The written decision of the arbitrator shall be final and binding on the parties. The arbitration proceeding shall be carried on and heard in Bradenton, Florida using the English language and pursuant to the rules of JAMS. In any action or proceeding to enforce rights under the Terms of Use, the prevailing party will be entitled to recover costs and attorneys' fees. Both parties agree that the Terms of Use is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all
previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms of Use, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.
Trademarks
VirtualBarter, vBarter, Intertrade, and other VirtualBarter graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks of VirtualBarter in the U.S. and/or other countries. VirtualBarter’s trademarks and may not be used, including
as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion.
as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion.