Trade or Switch

Bartering is a contract wherein parties trade goods or commodities for other goods, as opposed to sale or exchange of goods for money. Barter is not applicable to contracts involving land, but solely to contracts relating to goods and services. For example, when a tenant exchanges the performance of various maintenance tasks around a house for free room and board, barter has taken place. - Law Encyclopedia

The following constitutes a Binding Contract

By clicking the “I Agree” button below, I acknowledged that I have entered into a legally binding contract with the individual mentioned herein. I also acknowledge that I am 18 years or over. If this transaction cannot be confirmed via email subsequent to the completion of this Trade of Goods and or Services, I agree to inform the trading party and TradeOrSwitch.Com. I agree that I have not violated any of the Terms and Conditions set forth within this website.

The following is a list of the kind of User Content that is illegal or prohibited on the Site. TradeOrSwitch.Com reserves the right to investigate and take immediate legal action against anyone who violates this provision, including without limitation, removing the offending communication from the Services and terminating the membership of such violators. Some of which may include, but is not limited to:

Harassment or advocates harassment of another person; Delivers misleading or promotes illegal activities or conduct that is threatening, obscene, defamatory or libellous; promotes piracy, or information or products that directly circumvents manufacture-installed copyright-protect devices, or providing pirated music or links to pirated music files; displays pornographic or sexually explicit material of any kind; the solicitation of passwords or personal identifying information for commercial or unlawful purposes from other users;

The following items are deemed to be a direct violation of TradeOrSwitch.Com’s policies. The Trading of:

Perishable items; Pirated items that include copies of music, movies, software, games, or any other protected product; any and all illegal substance, Tobacco and alcohol, pornographic materials of any type

Stolen property; any item deemed by TradeOrSwitch.Com to be inappropriate for trade.

TERMS AND CONDITIONS

In using TradeOrSwitch.Com you are deemed to have read and agreed to the following terms and conditions:

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: "User", “You” and “Your” refers to you, the person accessing this website and accepting TradeOrSwitch.Com’s terms and conditions. "TradeOrSwitch.Com", “We” and "Us", refers to our company and its agents. “Party”, “Parties”, or “Us”, refers to both the User and TradeOrSwitch.Com, or either the User or TradeOrSwitch.Com. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the User in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the User’s needs in respect of provision of TradeOrSwitch.Com’s stated services/products, in accordance with and subject to, prevailing State and Federal Law. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Privacy Statement
We are committed to protecting your privacy. Authorized employees within TradeOrSwitch.Com is on a need to know basis only use any information collected from individual users. We constantly review our systems and data to ensure the best possible service to our users.

Confidentiality

We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by TradeOrSwitch.Com will only be in connection with the provision of agreed services and products.

Disclaimer

Exclusions and Limitations
The information on this web site is provided on an "as is" basis. To the fullest extent permitted by law, TradeOrSwitch.Com:

excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or TradeOrSwitch.Com’s literature; and
excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised TradeOrSwitch.Com of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.

TradeOrSwitch.Com does not however exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.

Payment

As otherwise indicated and always subject to change, Visa, MasterCard, American Express, Debit Cards are all acceptable methods of payment. Dollar Trades are payment in full upon execution for services rendered. TradeOrSwitch.Com charges users One Dollar and no cents ($1.00) for the services provided for each trade and cannot guarantee the validity of such trade. Users acknowledge that each Trade accepted via the Terms and Conditions herein are final. TradeOrSwitch.Com accepts no responsibility for items not shipped in accordance with such Trades and will not refund Users for any items not received.

Termination of Agreements and Refunds Policy

No refunds shall be offered, where a Service is deemed to have begun and is, for all intents and purposes, underway.

Availability
Unless otherwise stated, the services featured on this website are only available within the United States of America. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of TradeOrSwitch.Com, LLC. TradeOrSwitch.Com does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service you thereby indemnify TradeOrSwitch.Com, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.

Log Files
We use IP addresses to analyze trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within TradeOrSwitch.Com on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.

Cookies
Like most interactive web sites TradeOrSwitch.Com’s website [or ISP] uses cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate partners may also use cookies.

Links to this website
You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.

Links from this website
We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or materials appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. TradeOrSwitch.Com will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

Copyright Notice
Copyright and other relevant intellectual property rights exist on all text relating to TradeOrSwitch.Com’s services and the full content of this website.

Communication
We have several different e-mail addresses for different queries. These, & other contact information, can be found on our Contact Us link on our website or via TradeOrSwitch.Com literature or via TradeOrSwitch.Com’s email as indicated; info@tradeorswitch.com

Force Majeure

Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.

Waiver

Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.

General

The laws of the State of California and all applicable Federal laws govern these terms and conditions. By accessing this website and using our services you consent to these terms and conditions and to the exclusive jurisdiction of the courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of TradeOrSwitch.Com to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorized representatives of TradeOrSwitch.Com

Tax implications

In the United States, the sales a barter exchange makes are considered taxable revenue by the IRS and the gross amount of a barter exchange member's sales are reported to the IRS by the barter exchange via a 1099-B form. The requirement for barter exchanges to report members’ sales was enacted in the Tax Equity & Fair Responsibility Act of 1982. According to the IRS, "The fair market value of goods and services exchanged must be included in the income of both parties". Other countries do not have the reporting requirement that the U.S. does concerning proceeds from barter transactions. However, if you barter for goods and/or services, you are taxed not more or less than if it were a cash transaction. In other words, it is handled the same way as a cash transaction regarding taxation. If you bartered for a profit, you pay the appropriate tax, if you generated a loss in the transaction, you have a loss. Bartering for business is also taxed accordingly as business income or business expense. In other words, if you have a business reason for the transaction, you can deduct the cost. Many barter exchanges require that you register as a business. – Law Dictionary

Notification of Changes

TradeOrSwitch.Com reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and on other key pages on our site. If there are any changes in how we use our site users’ Personally Identifiable Information, notification by e-mail or postal mail will be made to those affected by this change. Any changes to our privacy policy will be posted on our web site 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis

These terms and conditions form part of the Agreement between the User and TradeOrSwitch.Com. Your accessing of this website and/or undertaking of a Trade or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.