Terms & Conditions

By registering on www.listandexchange.com (the "Site") you ("User") agree to the terms below. This will take effect immediately. If you do not agree by all the terms and conditions please do not contribute on this website.

listandexchange.com reserves the right to update or modify these Terms of Service at any time without prior notice. Your use of the List and Exchange web site following any such change constitutes your agreement to follow and be bound by the Terms of Service as changed. For this reason, we encourage you to review these Terms of Service whenever you use this Web site.

List and Exchange reserves the right to change or discontinue the Service with or without notice to the User.

Registration Information

To use our Services, you must complete the registration process that is presented upon your acceptance of the Terms and Conditions. During the registration process, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the forms, (b) to maintain and update this information to keep it true, accurate, current and complete, and (c) notify us immediately of any unauthorized use of your account or any other breach of security. If any information provided by you during the registration process is untrue, inaccurate, not current or incomplete, we have the right to terminate your account and refuse any and all current or future use of the Services.

Passwords

Upon registration for the Services, you will be asked to set a password of which you will have the option to reset from time to time. You understand that you are solely responsible for maintaining the confidentiality of your password, and that you shall be solely and fully responsible for all activities that occur under your password. List and Exchange shall not be responsible for any loss, claim or other liability that may arise from the unauthorized use of any password and you agree to indemnify List and Exchange for any violation of this paragraph. If a password is lost or stolen it is the user’s responsibility to notify List and Exchange, so that the missing password can be deactivated and a new one assigned.

Eligibility

By registering on www.listandexchange.com you are representing that you are: (1) at least 18 years old; (2) capable of entering into a legally binding agreement; (3) a resident of the Continental U.S.; (4) will use the Services only for personal use and not for commercial use and (5) will not transfer membership account or username to others.

Site Content

The Site and its contents may only be used in accordance with the terms of this Terms and Conditions. All materials displayed on the Site including, but not limited to text, graphics, postings, presentations, user communications, comments, photographs, images and illustrations, shall be referred to herein as “Content.” User shall abide by all copyright and trademark notices, information, and restrictions contained in any Content accessed through the Services.

The Site is protected as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions and other copyright laws. User may not publish, participate in the transfer or sale of, reproduce or distribute any of the Content, modification or derivative work thereof, in whole or in part.

Illegal and/or unauthorized uses of the Site, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Site will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.

Other than the User Content (as defined below), all of the Content you see, hear or otherwise experience through the Services and the Site are subject to trademark, service mark, trade dress, copyright, trade secret, patent, and/or other intellectual property rights or licenses held by List and Exchange or by third parties who may own them.

User Content

“User Content” means any Content sourced or supplied by a User (including but not limited to communications within the Site such as postings, comments and suggestions). User acknowledges and agrees that if User contributes any User Content to the Site, User grants to List and Exchange a perpetual, non exclusive worldwide, royalty-free, transferable right to use and exploit in anyway such User Content (including all related intellectual property rights) to provide the Services. User warrants, represents and agrees that it will not contribute any User Content that is false, inaccurate, misleading, infringing, libelous, defamatory, obscene, pornographic, abusive, offensive or otherwise violates any law or right of any third party. List and Exchange reserves the right to remove any User Content from the Site at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Content or if List and Exchange is concerned that User may have breached the immediately preceding sentence), or for no reason at all.

The following is a partial list of the kind of User Content that is illegal or prohibited on the Site. List and Exchange reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Services and terminating the membership of such violators. It includes User Content that:

  • harasses or advocates harassment of another person;
  • promotes information that a User knows is false, misleading or promotes illegal activities or conduct that is threatening, obscene, defamatory or libelous;
  • promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copyright-protect devices, or providing pirated music or links to pirated music files;
  • displays pornographic or sexually explicit material of any kind;
  • provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
  • solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and
  • is patently offensive to the online community, such as User Content that promotes racism, bigotry , hatred or physical harm of any kind against any group or individual;

Even though all of the above is strictly prohibited, there is a small chance that a User might become exposed to such content and User further waives his/her right to any damages (from any party) related to such exposure.

The “No Barter List”

You agree that you will not post listings on our site that offer any services or items that can cause us to violate any applicable law, statute, or regulation, or that violates our current “No Barter List” as follows:

  • Perishable items;
  • Items or services that violate human rights;
  • Items or services that violate safety;
  • Pirated copies of music, software or movies;
  • Services or hardware or software that enable the making of pirated copies of music, software or movies;
  • Tobacco
  • Illegal drugs, prescription drugs, drug paraphernalia;
  • Alcohol, wine;
  • Pornography;
  • Counterfeit items or currency;
  • Lockpicking devices;
  • Lottery tickets;
  • Police-related items;
  • Human organs or remains;
  • Weapons of any type (including guns, ammunition, knives);
  • Mailing lists of any kind;
  • Hazardous materials;
  • Illegal identification documents;
  • Stocks, securities;
  • Trading of people, children, pets, animals, seeds and plants;
  • Stolen property;
  • Surveillance equipments.

Copyright Policy

User may not post, distribute, or reproduce in any way any copyrighted material, trademarks or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Any person believing that their copyrighted material is being posted on the Site should contact List and Exchange through List and Exchange’s [ Contact Us] Page.

Disclaimer

USER UNDERSTANDS THAT THE SITE IS A VENUE TO BARTER, PURCHASE AND SELL GOODS AND SERVICES. USER ACKNOWLEDGES AND AGREES THAT USER’S EXCHANGE OF GOODS AND SERVICES IS A TRANSACTION BETWEEN THE RESPECTIVE SENDER AND RECEIVER AND NOT WITH LIST AND EXCHANGE. LIST AND EXCHANGE IS NOT A PARTY TO ANY TRANSACTION ON THE SERVICES. LIST AND EXCHANGE HAS NO RESPONSIBILITIES, LIABILITIES OR CONTROL WITH RESPECT TO THE SERVICES AND PRODUCTS LISTED ON THE SITE AND HAS NO CONTROL OVER THE TRUTH OR ACCURACY OF ANY SERVICE OR PRODUCT DESCRIPTIONS AND THE QUALITY, SAFETY OR LEGALITY OF ANY SERVICE OR PRODUCT.

LIST AND EXCHANGE MAKES NO ASSURANCES THAT USER WILL BE ABLE TO EXCHANGE ANY PRODUCTS OR SERVICES, THAT PRODUCTS OR SERVICES WHICH USER WISHES TO EXCHANGE FOR WILL BE AVAILABLE, THAT OTHER USERS WILL WANT TO EXCHANGE FOR PRODUCTS OR SERVICES OWNED BY USER, OR ANY OTHER MATTER. A USER'S SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICE OR ANY MATTER RELATING THERETO IS TO STOP USING THE SERVICE.

USER ASSUMES ALL RISKS WITH RESPECT TO THE USE AND OPERATION OF THE SITE AND AGREES THAT THE SITE IS PROVIDED "AS IS, WHERE IS" AND AS AVAILABLE. LIST AND EXCHANGEMAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT OF THE SITE, THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE SERVICES, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SERVICE OR ANY LINKED SITE. LIST AND EXCHANGE DISCLIAMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON -INFRINGEMENT.

[List and Exchange shall have no responsibility to, and does not, investigate the background of, or confirm the identity of, any User. A User-initiated feedback system may be available on the Services to help User evaluate other Users. User acknowledges, however, that such feedback represents solely the opinion of other Users and is not an opinion, representation, or warranty by List and Exchange.]

No Endorsements of Content

List and Exchange does not represent or endorse the accuracy, reliability, integrity or legality of User Content. List and Exchange hereby disclaims any liability for any User Content, including, but not limited to, any errors or omissions in any User Content or for any loss or damage of any kind incurred as a result of the use of or reliance on any User Content posted, emailed or otherwise transmitted via the Services. List and Exchange shall have no obligation to review the User Content. List and Exchange shall have the right, but not the obligation, in its sole discretion, to correct any errors or omissions in any portion of the Services or to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, modify, refuse to post or remove any User Content, in whole or in part, that in List and Exchange’s sole discretion is in violation of this Agreement.

Linked Third Party Sites

Links to other Internet sites operated by third parties do not constitute sponsorship, endorsement, or approval by List and Exchange. of the content, policies, or practices of such linked sites. Linked sites are not operated, controlled, or maintained by List and Exchange. We are not responsible for the availability, content, security, policies, or practices of linked sites, including without limitation privacy policies and practices. Links to other sites are provided for your convenience only, and you access them at your own risk.

Disputes

List and Exchange is not a party to, and shall not be involved in or responsible for, transactions, agreements and/or disputes between Users, including without limitation those arising from, related to or in connection with the Services ("Dispute"). In the event of a Dispute, User agrees to release, and does hereby release, List and Exchange (and its officers, directors, agents, contractors and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

User agrees that it shall not involve List and Exchange in any Dispute or litigation arising out of or related to any transaction, agreement or arrangement with any receiver, sender, or other User or third party in connection with the Services. If User nonetheless attempts to do so, (i) User shall pay all costs and attorneys' fees of List and Exchange and shall provide indemnification as set forth below, and (ii) the jurisdiction for any such Dispute or litigation shall be limited as set forth in paragraph titled “Governing Law” below.

User Transactions

If User posts a product or service for barter, User agrees to accept offers and trade the product or service according to the terms of the posting. For all products or services listed by the User, User represents, warrants and covenants to List and Exchange that: (i) all information User is prompted to provide about a product or service User lists ("Posting Information") shall be accurate and complete and shall accurately represent the condition or quality of the product or service at the expected and actual trade date; and (ii) User shall promptly update Posting Information should it become inaccurate, incomplete or misleading. List and Exchange reserves the right, at its sole discretion, to prohibit posting of any products or services or categories of products or services and may remove products or services from posting at any time without notice.

All bartering transactions must be between Users who are located within the Continental U.S., and no packages will be sent outside of the Continental U.S.

Confidentiality

User shall hold confidential and shall not disclose, transmit, use or otherwise exploit personal or company names, addressees, telephone numbers, email addresses, listings, fees and pricing information or any other information regarding, or provided by, other Users in connection with the Services, except as strictly necessary to conduct and fulfill bona fide exchanges through the Services solely on User’s own behalf in accordance with this Terms and Conditions. Without limiting the foregoing, in no event shall User collect, store, extract, sell, transfer or disclose any listing or compilation of Users in any way relating to the Services.

Compliance with Laws

User, and not List and Exchange, shall be responsible for compliance with all laws, regulations and ordinances connected with the User's posting, bartering, and other use of, the Services. User shall not list or barter items that are illegal using the Services. User must provide all required and appropriate information and disclosure, comply with all applicable laws and regulations, and take all other required and appropriate actions (collectively, "Information and Actions") in connection with the User's posting and exchanging on the Services. If the Services do not provide adequate facility or features for User to provide such Information and Actions, then the User shall not use the Services to list or barter the respective items.

Note that various U.S. legal requirements and limitations may apply to transactions involving foreign nationals or foreign legal entities, including those physically located within the United States , underage persons, and persons acting under false pretenses, and compliance with such requirements and limitations is the sole responsibility of the User.

User agrees not to intentionally or unintentionally violate any applicable laws or regulations promulgated by any state or federal regulations or laws.

Termination

List and Exchange may, in its sole discretion without liability to User or any third party, terminate User's account for any reason, including without limitation inactivity or violation of this Terms and Conditions or other rules and policies established by List and Exchange. Upon termination of User's account, User shall remain liable for all charges, fees, commitments and obligations incurred or accrued by User as of the date of termination. Upon termination, List and Exchange shall have the right to delete any User Content, listings or other information regarding User's account, prohibit User's access to the account, including without limitation by deactivating User's password, and refuse User future access to the Services. All provisions of these Terms and Conditions which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, disclaimers and limitations of liability. User may close User's account by going to the appropriate account section on the Site or sending an email to info@listandexchange.com .

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL LIST AND EXCHANGE OR ITS EMPLOYEES, OFFICERS OR DIRECTORS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES OR LOSSES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR IN CONNECTION WITH USE OR ACCESS TO THE SITE OR USE OF THE SERVICES, WHETHER OR NOT LIST AND EXCHANGEHAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

If you are dissatisfied with the Services or any content on the Site, or with these Terms and Conditions, your sole and exclusive remedy is to discontinue using the Services and accessing or using the Site. You acknowledge, by your use of the Services or access or use of the Site, that your use of the Services or use of or access to the Site is at your sole risk.

Applicable law may not allow the limitation of liability set forth above, so this limitation of liability may not apply to you.

Indemnity

You agree to indemnify, defend and hold harmless List and Exchange, its employees, officers and directors from and against any and all claims, liabilities, penalties, settlements, judgments, fees (including reasonable attorneys’ fees) arising from or due to or in connection with your use of or conduct on the Services.

Governing Law

These Terms and Conditions shall be interpreted in accordance with the laws of the State of California without regard to conflict of laws principles. All claims arising from this Terms and Conditions must be filed in the state or federal courts located in California.

LAST UPDATED: October 26th, 2009

FAQ :: TERMS :: PRIVACY POLICY :: CONTACT:: SITE DESIGN BY MEDIATUNES