Bizness Barter Exchange MEMBERSHIP AGREEMENT

A. CONTRACT AND MODIFICATION OF CONTRACT

The following terms & conditions constitute the contract by and among Member and Bizness Barter Exchange, a Corporation. Any use of Bizness Barter Exchange, hereafter referred to as Bizness Barter, to facilitate a transaction by a Network Member (hereinafter referred to as Member) constitutes acceptance of all terms, conditions, policies and procedures as most recently adopted by Bizness Barter. They apply to all Bizness Barter Member’s and to all transactions facilitated by Bizness Barter. At its sole discretion, Bizness Barter may amend this agreement by giving Member thirty (30) days written notice via e-mail. Bizness Barter may amend the Policies and Procedures with seven (7) days written notice via e-mail. Any purchase or sale by Member, which makes use of Bizness Barter after these time frames constitutes acceptance by Member of such change(s) and the agreement of Member to abide by the same.

 B. PARTICIPATION IN THE EXCHANGE

  1. NATURE OF THE PARTIES
  1. DISCLAIMER OF WARRANTY AND LIABILITY

Bizness Barter makes no representation or warranty, either express or implied, and disclaims all liability, as to the fitness, quality, delivery date, prices or any term of any trade transaction. Member agrees to indemnify and hold Bizness Barter harmless with respect to any claim, debt, or liability whatsoever, arising out of any transaction wherein Member is a Buyer or Seller. Member acknowledges that any transaction facilitated by the Network, in Which Member participates is entered into by Member on a voluntary basis. Member agrees to waive any claim, debt, or liability whatsoever against Bizness Barter because of any computer or software malfunction or processing errors.

  1. TAXES

Seller shall be solely responsible to collect and remit to the appropriate taxing authorities the applicable taxes and shall collect and record these as required by law. Under no circumstances is Bizness Barter responsible to pay any taxes on behalf of any Member. Transactions involving Bizness Barter Trade Dollars are generally treated as taxable events for federal, state or provincial, and local tax purposes and Bizness Barter reports Bizness Barter Trade Dollar sales to the appropriate government taxing authority. The declaration and reporting of applicable taxes resulting from trade transactions rests solely with the Member. Member agrees to indemnify and hold Bizness Barter harmless for any actions Bizness Barter takes to comply with federal, state or provincial, and local laws.

 C. ADMINISTRATION OF THE EXCHANGE AND BCI TRADE DOLLARS

  1. NATURE OF Bizness Barter Trade Dollars
  2. LIABILITY FOR Bizness Barter Trade Dollars

 D. SUSPENSION OR TERMINATION

  1. If Member violates this Agreement or the currently effective Policies and Procedures, Bizness Barter may at it's discretion immediately terminate Members' account or may freeze all activity in the account without notice and/or make immediate adjustment to the transactions involved. At its sole discretion, Bizness Barter may reinstate Member or unfreeze Members' account.
  2. Either party may terminate this Agreement upon seven (7) days written notice to the other party. Upon termination:

E. FEES

  1. There is a $195 deposit required with no additional sign up fees or hidden costs.
  2. Funds for the cash fees must be available at the time of the transaction or it will not be processed. You may do this by having a debit or credit card on file. If You prefer to pay by check, you can pre-pay your account and we will deduct the fees from your available balance.
  3. Fees paid to Bizness Barter are non-refundable. If buyers or sellers do not complete a transaction, or if performance of Members' obligations to each other is disputed, Bizness Barter will not be obligated to refund any fees it has received.
  4. Transaction fees payable are due at time of purchase and fees due for more than 30 days will be assessed a late fee of $20.00 per month, or 1.50% of the unpaid balance, whichever is more.
  5.  Members' who join Bizness Barter and use the Bizness Barter software will be charged the following.
  6. By acceptance of this agreement the Member agrees personally and corporately to guarantee payment of all cash fees and is responsible for all negative barter dollars, if any.

 F. MISCELLANEOUS

  1. LEGAL REQUIREMENTS

Member shall abide by applicable international, federal, state or provincial, and local laws or regulations pertaining to exchange transactions. Bizness Barter shall not be responsible for any failures on the part of Member to comply with such laws and regulations. Member agrees not to hold Bizness Barter liable for any action Bizness Barter takes to comply with applicable laws or regulations.

  1. NO WAIVER OF RIGHTS

Bizness Barter failure or delay in exercising any right, will not operate as a waiver of that right, nor shall the partial exercise of a right preclude any other or further exercise of any right. Bizness Barter remedies are cumulative and are not exclusive of any remedies provided by law.

  1. SEVERABILITY; ATTORNEY'S FEES

Every item contained in this agreement is separate from every other term herein. If any term should be judged unenforceable, it shall not affect the enforceability of other terms outlined in this Agreement or the Policies and Procedures. If legal action must be taken by Bizness Barter, Member shall pay Bizness Barter reasonable attorney's fees, costs, plus interest from the date of default until payment in addition to any other judgment as granted by a court of law or an acceptable arbitration.

  1. DISSOLUTION

If Bizness Barter terminates or otherwise ceases to do business, all Member's in a negative Bizness Barter Trade Dollar position will pay amounts they owe in cash (one Bizness Barter Trade Dollar being equal to one United States dollar in cash) into a fund. The fund, less expenses, will be distributed pro rata to all Members' who are in a positive Bizness Barter Trade Dollar position. Bizness Barter is not liable to any Member's for cash or Bizness Barter Trade Dollars beyond the distribution of such funds.

  1. SECURITY INTEREST

Member hereby grants Bizness Barter a security interest in all Trade Dollars in Member's account for the amount of all unpaid cash fees. If Member becomes insolvent or bankrupt all cash fees shall be due and payable in full. Bizness Barter shall have the option in lieu of filing as a creditor of treating the Trade Dollar balance as equal in value to the amount of cash fees owed, and terminating the account; provided however, that if Bizness Barter does receive all of its cash fees in full, Bizness Barter shall reinstate the Trade Dollars to the Member's account.

  1. WARRANTY OF INFORMATION

Member warrants that it provides all information to Bizness Barter in good faith and that such information is accurate to the best of Member's knowledge.

  1. FAX & E-MAIL SIGNATURES

Bizness Barter will, and Member agrees, that Bizness Barter may, accept a faxed or e-mailed signature as an original, legal signature.

  1. ENTIRE AGREEMENT

Member acknowledges that it is not relying on any oral representations concerning this Agreement and that the complete agreement between the parties is contained in the Member Application, this Agreement and the Policies & Procedures.

  1. NO WAIVER OF RIGHT

Bizness Barter's failure or delay in exercising any right, will not operate as a waiver of that right, nor shall the partial exercise of a right preclude any other or further exercise of any right. Bizness Barter remedies are cumulative and are not exclusive of any remedies provided by law.

  1. INDEMNIFICATION

MEMBER AGREES TO HOLD HARMLESS Bizness Barter, IT'S OFFICERS, AGENTS, REPRESENTATIVES, ASSOCIATES AND ASSIGNS FROM ANY LOSSES, LIABILITY OR DAMAGES WHICH MAY RESULT FROM MEMBERS' PARTICIPATION IN ANY OF Bizness Barter's TRANSACTIONS, ACTIVITIES, PROGRAMS, PROMOTIONS, OR ADVERTISING, INCLUDING THE COSTS OF LITIGATION AND ATTORNEYS FEES.

  1. JUDGMENT SETTLEMENT

In the event of a dispute between Bizness Barter and Member resulting in a judgment entered on behalf of the Member against Bizness Barter, Member agrees that Bizness Barter shall have the right to satisfy said judgment in Bizness Barter Trade Dollars.

G. APPLICABLE LAW

  1. This agreement shall in all respects be construed under the laws of the State of FL.
  2. Venue shall be Mecklenburg County, North Carolina USA.