Terms & Conditions

The following terms & conditions constitute the contract by and among the Barter21 Subscriber and BCL Soft (BCL), an Arizona limited liability company. Any use of Barter21 to facilitate a transaction by a Subscriber constitutes acceptance of all terms, conditions, policies and procedures as most recently adopted by BCL. They apply to all Barter21 subscribers and to all transactions facilitated by BCL or its online application, Barter21. At its sole discretion, BCL may amend the terms & conditions and Policies and Procedures with seven (7) days written notice via e-mail. Any purchase or sale by Subscriber, which makes use of Barter21 after these time frames, constitutes acceptance by Subscriber of such change(s) and the agreement of Subscriber to abide by the same.

1. Barter21 is an online record-keeping application paid for by subscription by barter exchanges. Subscribers agree to do business among themselves through the organized system which is regulated by the record-keeping and administrative services of BCL or its designee and through the medium of Barter21 Trade Dollars. BCL functions as a clearinghouse for the transactions of the Subscribers and Subscriber’s clients.
   
   
2. Subscriber is prohibited from reselling the Barter21 software unless written consent is given by BCL.
   
   
3. BCL regulates the network and acts as a third party record-keeper and administers the clearinghouse function of the network for the Subscribers.
   
   
4. Subscriber grants BCL the right and power to borrow from the Network.
   
   
5. Subscriber is not authorized to sell Barter21 Trade Dollars for cash.
   
   
6. Subscriber is a bona fide and legal business and warrants that it is in compliance with all State, Federal, industry and professional laws and regulations.
   
   
7. BCL reserves the right of final approval of this agreement and may refuse to accept anyone as a Subscriber for any reason it deems necessary.
   
   
8. The signer of this agreement hereby acknowledges that they are over 18 years of age.
   
   
9. BCL shall not be involved in determining the price or quality of the products and services exchanged through the network. Subscribers will sell goods and services to other Subscribers in good standing. All transactions shall be subject to Barter21 rules and regulations presently existing and/or adopted in the future.
   
   
10. BCL makes no representation or warranty; either express or implied, and disclaims all liability, as to the fitness, quality, delivery date, merchantability, prices or any term of any trade transaction. Subscriber agrees to indemnify and hold BCL harmless with respect to any claim, debt, or liability whatsoever, arising out of any transaction wherein the Subscriber, or Subscriber’s client, is a Buyer or Seller. Subscriber acknowledges that any transaction facilitated by the Barter21 network, in which Subscriber participates is entered into by Subscriber on a voluntary basis. Subscriber agrees to waive any claim, debt, or liability whatsoever against BCL arising out of any computer or software malfunction or processing errors.
    
    
11. A Barter21 authorization number must be secured for each and every sale through Barter21. BCL accepts no responsibility for any transaction without an authorization.
    
    
12. Trade (Barter21) dollars shall not be considered legal tender, securities or commodities by either BCL or its Subscribers and may not be converted to cash, except by BCL under the terms of the personal guarantee.
    
    
13. The declaration and reporting of all applicable local, state and federal taxes resulting from trade transactions through Barter21, rests solely with the Subscriber. Barter sales are taxable events and should be treated as such.
    
    
14. Barter21 Subscribers who fail to pay their fees when due, or who violate other Barter21 rules and policies, may be suspended from utilizing management functions of Barter21. Barter21 Subscribers that remain suspended for ninety (90) days may forfeit any trade dollars in their account. However, any cash fees due BCL remain the responsibility of the Subscriber.
    
    
15. All fees collected by BCL Soft are for services rendered and are therefore non-refundable.
    
    
16. Any complaints registered against a Barter21 Subscriber must be submitted in writing within ninety (90) days of the date of occurrence. Complaints must be specific in nature and include the contact, the date and the amount involved.
    
    
17. Credit, when and if extended by BCL to the Subscriber, is at the sole discretion of BCL and is due and payable on demand as provided for in the agreement/contract.
    
    
18. In the event the BCL is required to obtain the services of an attorney to enforce the obligations and agreements between BCL and a Subscriber, the Subscriber agrees to pay all legal and collection costs involved.
    
    
19. A BCL Subscriber may terminate their Subscription at any time and for any reason provided their account with Barter21 is in a positive or zero (0) position and all cash fees due BCL are paid in full.
    
    
20. BCL reserves the right to terminate the Subscription of any Subscriber for "just cause" as determined by the Barter21 Ethics committee. All cash and Barter21 Trade Dollar service fees outstanding become due and payable. No service fees will be refunded.
    
    
21. Any Subscriber with a negative account balance (where purchases exceed sales) must balance their account with Barter21 Trade Dollars within thirty days of termination date. After said thirty day period, Subscriber must immediately pay to BCL any remaining negative balance in cash.
    
    
22. Any Subscriber with a positive balance (where sales exceed purchases) must spend out their account within ninety days of termination. Any trade dollars remaining after ninety days will become the property of BCL.
    
    
23. Barter21 Subscriber agrees to examine their statement immediately upon receipt and to notify BCL of any discrepancies in writing within ten days.
    
    
24. The Subscriber understands and agrees that each and every term and provision contained in the Barter21 Subscriber Agreement/Contract and the Rules and Regulations of Barter21, is severable from every other term or provision. If any such terms or provisions shall be invalid, illegal or unenforceable, the balance of the agreement/contract shall remain in effect.
    
    
25. BCL will, and Subscriber agrees that BCL may accept a faxed or e-mailed signature as an original, legal signature.
    
    
26. The personal guarantee: That in the event of bankruptcy or insolvency or failure of the Subscriber's business or corporation to clear any debts due the association, after due notice, that such debts are due and payable to BCL in cash and are guaranteed individually by the owner, officer or individual signing BCL contract.
    
    
27. In all cases this agreement shall be interpreted in accordance with the laws of the state of Arizona. All disputes shall be through binding arbitration in Phoenix, AZ.