1) GENERAL TERMS AND CONDITIONS
c) We encourage you to share your comments and questions with us and other Site users. We promise to read all the mail you send to us, but we may not be able to respond. Please note that we assume no responsibility for reviewing unsolicited ideas for our business (like product or advertising ideas) and will not incur any liability to you as a result of any similarities that may appear in future Pay Me With A Chicken programs. Also, please remember that you are responsible for whatever material you submit, and that you, and not Pay Me With A Chicken, LLC, have full responsibility for the message, including its reliability, contents, originality, and copyright. Anything you post to the Site or submit to us may be disclosed publicly, so please do not reveal trade secrets or other confidential information in your messages to us or in any postings. Any and all rights to materials and ideas submitted become the exclusive property of Pay Me With A Chicken, LLC.
d) No permission is granted to you, or anyone acting on your behalf, to print, copy, reproduce, distribute, transmit, upload, download, store, display in public, alter, or modify any materials that appear on the Site or to make commercial use of these materials. No permission is granted to you to use, or permit others to use, Pay Me With A Chicken, LLC’s icons, site address, trademarks and service marks, or other means to hyperlink other Internet sites with any page in our Site, and we assume no responsibility for any other party's site hyperlinked to this Site or in which any part of this Site has been hyperlinked.
a) Our barter services are obtainable only to, and may only be utilized by, individuals who can make legally binding agreements under relevant law. Without limiting the aforementioned, our barter services are not available to individuals under the age of 18 years of age or to momentarily or indefinitely suspended members of the PayMeWithAChicken.com community. If you have not reached your majority (age 18), you may only use our barter services under the supervision of your parents or guardians. If you do not meet the criteria, please do not use our Site. Additionally, your PayMeWithAChicken.com account (including comments) and User ID are non-transferable or salable to another person or organization. If you are signing up on the Site as a business enterprise, you hereby represent that you have the absolute power to legally bind the business enterprise to this Agreement.
b) Accounts must be registered only by the trader seeking to become a member and in his or her name. Registration of trading accounts in a name other than the registrant's name, fictitious or real, is specifically forbidden. Such use will be considered deception and may possibly result in criminal prosecution and considerable damages. PayMeWithAChicken.com will prosecute deception to the fullest degree allowable by applicable law.
3) FEES AND SERVICES
a) Joining our community and bartering products and services through PayMeWithAChicken.com is at present free of charge. However, we reserve the right to change our business model at any time. We may charge in the future without prior notice except that you will have the opportunity to remove your name and products from the Site before incurring any charges. Additionally, we may elect to provisionally modify our policy towards charging for our service as it relates to promotional activities and said changes are effective when we announce the short-term promotional event on the Site. We may in our discretion modify or discontinue a number of or the totality of our services whenever we decide to do so. Should we inaugurate a new service, the charges for said service are effective at the start of the service. If not otherwise declared, all financial charges are cited in U.S. Dollars.
b) You are accountable for payment of all fees connected to the use of our barter service and the Site and all applicable taxes of any nature. To understand the tax consequences of bartering, please go to www.irs.gov and/or seek the counsel of an accountant or CPA.
4) PAYMEWITHACHICKEN.COM IS A BARTER COMMUNITY
a) Direct Barter Transactions - Even though we are commonly known as an on-line barter web site, it is essential for you to know that we do not arrange barter, we simply facilitate barter. This Site performs the role of an aggregator of barter. We do not participate in the transactions between barterers. Thus, we have no power or control over the value, safety or legitimacy of the products and services traded, the veracity or correctness of the written, pictorial or video listings, or the aptitude of barterers to barter. We have no influence or control to ensure that a barterer will actually complete a barter transaction. Therefore, we do not convey or otherwise affect the legal ownership of products and services between traders.
b) Identity Authentication - We continuously use our best efforts to authenticate the correctness of the data our barterers make available to us when they register on our Site. Nevertheless, barterer verification through the Internet is complicated and PayMeWithAChicken.com cannot and does not substantiate every trader’s alleged identity. Hence, we have created a feedback system to assist you in the evaluation of those with whom you transact trades. We also encourage that you communicate directly with prospective barter partners through tools obtainable on the Site.
c) Release - Should you have a disagreement with one or more barterers who use the Site, you hereby discharge us (including our officers, directors, agents, members, subsidiaries, joint ventures and employees) from any and all claims, suits, losses, demands, costs and damages (actual and consequential) of all kinds and nature, recognized and unknown, alleged and actual, disclosed and unidentified, arising from or in any way associated with such arguments. If you are a California resident, you relinquish California Civil Code §1542, which reads: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
d) Data Management -We do not have control of the data input provided by other barterers that is displayed and made available through our system. You may find a barterer's information to be distasteful, injurious, erroneous, or unreliable. Please take care, use common sense, and put into practice secure bartering when using the Site. Please realize and take heed that there are also the risks of dealing with minor children or those misrepresenting themselves and their products and/or services. When you use this Site you, acknowledge such risks and release PayMeWithAChicken.com from any responsibility for the acts or omissions of barterers that use the Site.
e) Right to Edit - PayMeWithAChicken.com may grant users access to the Site, message boards, blogs or other interactive communication services and forums on the Site. You understand and agree that PayMeWithAChicken.com cannot evaluate all communications made on or via the Site. Nevertheless, PayMeWithAChicken.com reserves the right to scrutinize the interactive services and forums and edit, amend or remove any content that PayMeWithAChicken.com, in its sole judgment, determines to breach this Agreement or to be in any other way distasteful, offensive or in conflict with any and all PayMeWithAChicken.com policies, either written or unwritten, established now or in the future. PayMeWithAChicken.com further reserves the right to utilize posted content for its own marketing, communication, promotion, advertising, or any other purpose at the sole discretion of PayMeWithAChicken.com. You agree not to post content that is unlawful, hostile, sexually explicit, pornographic, lewd, infringing on intellectual property rights, pernicious to third parties, slanderous, or otherwise distasteful on PayMeWithAChicken.com or other sites it owns and operates.
5) BARTERING CONDITIONS
a) Completion of Trades - As a barterer you are required to follow through with any and all the trades you agree to and start, that have been concluded. When you agree to a barter transaction you agree to be bound by the conditions of the product or service included in the item's written explanation, photographs or video provided and that those conditions of trade are not in contravention of this Agreement or against any law. Unless you and your fellow barterer concur otherwise, you will become the bartered item's lawful title-holder upon physical receipt of the item from your fellow barterer. Accepted transactions are not retractable except in extraordinary conditions, such as: when your barter partner materially changes the product or services explanation after you accept the trade, or an unambiguous typographical error is affected.
b) Product and Service Descriptions - You must be legally authorized to barter what you list for trade on the Site. You agree all products and services listed and sent are officially permitted and do not infringe any intellectual property rights, including but not limited to copyrights, trademarks, trade secrets and patents. PayMeWithAChicken.com cannot review every product and service offered on the Site. You hereby agree to assume complete accountability for any product or service displayed and offered through your account and sent by you to another barterer. You agree to hold PayMeWithAChicken.com harmless for any violations of law or regulation that take place with regard to the listing to your account of products or services resulting in civil or criminal liability. All products and services listed must be in the condition shown in the photos and/or video. Barterers who have an item returned as faulty agree not to re-list that same product or service for another barter transaction except and until the problem has been resolved to the satisfaction of all parties.
c) Delivery - If you barter a product, you agree to send the item within 24 hours of a transaction being completed. Failure to do so contravenes PayMeWithAChicken.com’s policy and may cause your account to be suspended until further notice. Products lost or damaged in transit are the sole responsibility of the shipper. PayMeWithAChicken.com is not responsible for any item that is shipped by a barterer and is misplaced or smashed in transit. A promised service must be performed when it was promised to be done.
d) What You Cannot Do - Your personal data and any and all products and services you offer up for barter through our Site must not: (1) be phony, incorrect or deceptive; (2) be deceitful or involve the transaction of anything forged, plagiarized or purloined; (3) violate any third party copyright, patent, trademark, trade secret or other intellectual property or proprietary rights or rights of publicity or privacy; (4) breach any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unjust competition, antidiscrimination or bogus advertising); (5) be offensive, libelous, unlawfully intimidating or unlawfully irritating; (6) be vulgar or contain pornographic content (7) hold any viruses, Trojan horses, worms, time bombs, cancelbots, Easter eggs or other computer encoding routines that may injure, destructively obstruct, sneakily capture or seize any system, records or personal data; (8) create liability for PayMeWithAChicken.com or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and (9) connect directly or indirectly to or include write-ups of merchandise or services that: are forbidden under this Agreement; are concomitantly posted for barter on a web site other than PayMeWithAChicken.com (this does not stop a barterer from connecting to or marketing a PayMeWithAChicken.com item or service from another web site); or that you do not have a right to link to or incorporate. Moreover, you may not list any item on the web site (or complete any barter transaction that was started using our service) that could cause us to contravene any valid law, statute, ordinance or regulation, or that violates our current list of forbidden, dubious and infringing items or services.
e) Deception - PayMeWithAChicken.com may delay or terminate your account if it believes that you have engaged in deceptive activity with regard to the Site. This includes, without limitation, failure to send an item or perform a service when you are required to do it, or failure to acknowledge the receipt of a product when you have actually received it. PayMeWithAChicken.com will prosecute fraud and deception to the fullest extent of the applicable law, including mail fraud in violation of U.S. and state law. PayMeWithAChicken.com assumes no legal responsibility for fraudulent actions by its members.
6) PERSONAL DATA
a) Your personal data is defined as whatever information you make available to PayMeWithAChicken.com or other barterers through registration on the Site, bartering or listing procedures, in any public communication spot (including blogs, discussion groups, reviews of products and/or services or through feedback) or through email. You and you alone are solely responsible for what you provide as personal data. Our Site performs the role of a passive means of expression for the online distribution and publication of your personal data.
7) BAN ON FIREARMS, EXPLOSIVES AND OTHER WEAPONS AND SUBSTANCES
a) You may NOT barter any firearm on PayMeWithAChicken.com, including, but not limited to all rifles, shotguns, and handguns, whether for use in sporting, as collectibles, or curio and relic (C&R) firearms, and regardless of their present working order. We define "firearm" consistent with the U.S. Code and, as such, prohibits frames, receivers, or any other serialized firearm components. For more information, please refer to U.S. Code Title 18, Section 921. This policy includes any parts or accessories prohibited for sale by the National Firearms Act (Title 26, United States Code).
b) You may NOT barter short-barreled shotguns or short-barreled rifles, fully automatic weapons, large-capacity magazines, multi-burst trigger activators, magazines and camouflaging firearm containers.
c) You may NOT barter crossbows, airsoft equipment and accessories, hand weapons and throwing knives.
d) You may NOT barter ammunition. The term "ammunition" means ammunition or cartridge cases, primers, bullets, or propellant powder designed for use in any firearm.
e) You may NOT barter any explosive, incendiary, or poison gas bomb, grenade, grenade launcher attachment, rocket, missile, mine or similar device, e.g. Molotov cocktails, anti-tank guns (over caliber .50), bazookas, and mortars. This includes, but is not limited to, equipment or supplies issued to and formerly used by United States Armed Forces that have not been disposed of in accordance with Department of Defense demilitarization policies. The bartering of such items may constitute violations of federal law.
f) In addition, it is against our policy for any person to barter any weapons listed in the Second Schedule of the Corrosive and Explosive Substances and Offensive Weapons Act 1958.
g) Violations of this policy may result in a range of actions, including, listing and/or account cancellation.
8) PASSWORDS. Use of this web Site requires a password. You hereby consent to uphold the privacy of your password and are exclusively accountable for all actions connected to its use, whether authorized or unauthorized. Giving out your account password(s) to anyone is a breach of this agreement and may result in the termination of your PayMeWithAChicken.com account. Should you ever have a reason to suspect that your PayMeWithAChicken.com account is not secure you hereby agree to advise PayMeWithAChicken.com immediately of the problem to evade potential legal responsibility for unlawful charges to your PayMeWithAChicken.com account.
10) INGRESS AND OBSTRUCTIONS. You hereby agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. 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) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for own Barter Content) from the Site without the prior expressed written permission of PayMeWithAChicken.com and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iv) bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.
11) FEEDBACK. You may not take any actions that may undermine the integrity of the feedback system. We may limit the number of trades and items for trade you may place on the Site based upon the level of your feedback. If you earn a net feedback rating below a level we deem to be unacceptable, your membership may be suspended, and you may be unable to list, trade or even login to the Site. You acknowledge that your feedback consists of comments left by other users and a composite feedback number compiled by PayMeWithAChicken.com, and that the composite number without the comments does not convey your full user profile. Because feedback ratings are not designed for any purpose other than for facilitating trading between PayMeWithAChicken.com users, you agree that you shall not market or export your PayMeWithAChicken.com feedback rating in any venue other than an PayMeWithAChicken.com operated website. We do not provide you the technical ability to import feedback from other (non-PayMeWithAChicken.com operated) websites to PayMeWithAChicken.com because a composite number without the corresponding feedback does not reflect your true online reputation within our community.
14) NO WARRANTY/DISCLAIMER OF LIABILITY
a) YOUR USE OF OUR SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE SITE ARE NONINFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITE WILL BE COMPLETE, ACCURATE OR TIMELY. IF YOU DOWNLOAD ANY MATERIALS FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND. WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.
b) TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM LIABILITY FOR ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE WEBSITE.
c) IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
16) LEGAL OBSERVANCE. You shall meet the terms of all applicable domestic and international laws, statutes, ordinances and regulations concerning your exploitation of our service and your bartering on, cataloging, purchasing, soliciting offers to barter, and sale of products and services.
18) NOTICES. Any notice or communication required or permitted to be given by one party to the other shall be sufficiently given when mailed by certified mail, postage prepaid, or sent by facsimile transmission or overnight courier where proof of delivery can be obtained, charges prepaid, in each case properly addressed to us at the address provided on our Site for notifications, and to you at the address you have provided to use when your account was registered. Notwithstanding the foregoing or anything to the contrary contained herein, we may give you notice by e-mail to any e-mail address you have provided to us or used to contact us.
19) GOVERNING LAW AND FORUM. Your use of this Site shall be governed in all respects by the laws of the state of Massachusetts, U.S.A., You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Site shall be in the state or federal courts located in Suffolk County, Massachusetts. Any cause of action or claim you may have with respect to the Site (including but not limited to barter transactions) must be commenced within one (1) year after the claim or cause of action arises. PayMeWithAChicken, LLC’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. PayMeWithAChicken, LLC may assign its rights and duties under this Agreement to any party at any time without notice to you.
21) .OTHER POLICIES. Our Site may contain other policies, terms and conditions applicable to your use of the Site. These policies may be modified periodically and are effective at the moment we post the changes on the Site. Further, when using particular services on the Site, you concur that you are subject to any posted policies or rules applicable to services you use through the Site, which may be posted from time to time. All such listed policies or rules are hereby integrated by reference into this Agreement .
22) GENERAL. If any provision of this Agreement is judged to be invalid or unenforceable, such provision shall be deleted and the remaining provisions shall be enforced. Headings are for reference purposes only and do not characterize, delimit, take to mean or express the range or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof and supersedes any prior agreements, representations and understandings (written or oral) concerning the subject matter hereof. An amendment or modification of a term or condition of the Agreement must be in writing duly executed by you and Pay Me With A Chicken, LLC.