Über Trade Terms of Use
Upon using this web site, you are agreeing to comply with the following Terms of Use, which may be updated from time to time without notice to you.
1. DESCRIPTION OF SERVICE
ÜBER TRADE is provides this web site ("Service") to enable our members to effectively manage their accounts. From the site, members can view their account information, trade and cash balances, trade activity, and monthly statements. Members will also be able to process transactions, view the membership directory, and place classified listings.
Visitors to the site who are not ÜBER TRADE members can read information about ÜBER TRADE, view the ÜBER TRADE membership directory and classified listings, and complete the registration to join the trade community.
2. MEMBERSHIP REQUIREMENTS
In consideration of your use of this Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Account Data") and (b) maintain and promptly update the Account Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or ÜBER TRADE has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ÜBER TRADE has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
3. ÜBER TRADE PRIVACY POLICY
For more information, see our full privacy policy at http://www.ubertrade.com.
4. MEMBER ACCOUNT SECURITY
You are responsible for maintaining the confidentiality of your password and member number, and you are fully responsible for all activities that occur on your account. You agree to immediately notify ÜBER TRADE of any unauthorized use of your account or any other breach of security. ÜBER TRADE cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
5. INDEMNITY
You agree to indemnify and hold ÜBER TRADE, and its subsidiaries, affiliates, officers, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service, your connection to the Service, your violation of the Terms of Use, or your violation of any rights of another.
6. MODIFICATIONS TO SERVICE
ÜBER TRADE reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that ÜBER TRADE shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
7. TERMINATION
You agree that ÜBER TRADE may, under certain circumstances and without prior notice, immediately terminate your ÜBER TRADE account and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of ÜBER TRADE' Trade Rules and Regulations, (b) breaches or violations of the Terms of Use or other policies relating to the Service, (c) requests by law enforcement or other government agencies, (d) a request by you (self-initiated account deletions), (e) discontinuance or material modification to the site (or any part thereof), and (f) unexpected technical or security issues or problems, (g) direct competition by owning, working for, or being compensated by, a business that includes bartering, trade exchanges or anything directly related to the trading of products and services. Termination of your ÜBER TRADE account includes removal of access to all offerings within the Service, and barring further use of the Service. Further, you agree that all terminations for cause shall be made by ÜBER TRADE's sole discretion and that ÜBER TRADE shall not be liable to you or any third-party for any termination of your account or access to the Service.
8. COMMUNICATION WITH OTHER MEMBERS
Your communications or business transactions with, or participation in promotions of other members found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such member. You agree that ÜBER TRADE shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such members on the Service.
9. LINKS
The Service may provide links to other web sites or resources. Because ÜBER TRADE has no control over such sites and resources, you acknowledge and agree that ÜBER TRADE is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that ÜBER TRADE shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
10. ÜBER TRADE'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by ÜBER TRADE or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service in whole or in part.
11. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ÜBER TRADE EXPRESSLY DISCLAIMS 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. ÜBER TRADE MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, AND (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ÜBER TRADE OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.
12. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ÜBER TRADE SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ÜBER TRADE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
13. NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this Terms of Use, there shall be no third party beneficiaries to this Agreement.
14. NOTICE
ÜBER TRADE may provide you with notices, including those regarding changes to the Terms of Use, by email, regular mail, or postings on the Service.
15. GENERAL INFORMATION
Choice of Law and Forum. The Terms of Use and the relationship between you and ÜBER TRADE shall be governed by the laws of the State of Georgia without regard to its conflict of law provisions.
Waiver and Severability of Terms. The failure of ÜBER TRADE to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of use remain in full force and effect.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.
16. VIOLATIONS
Any breach of security or other violations of the Terms of Use should immediately be reported to ÜBER TRADE at:
Über Trade LLC Johns Creek, GA (770) 663-4116Über Trade Rules and Regulations
Terms and Conditions. The Terms and Conditions, a copy of which the client has received, are incorporated herein and made a part of this agreement.
Nature of the Parties. Über Trade LLC is a trading company that sponsors and manages a trade community (the "Community") and also acts as a clearinghouse and third-party record keeper of trade transactions among its clients, which are businesses that contract with Über TRADE to organize and facilitate trading of their goods and services with other clients. "Client" is a business that has contracted with Über TRADE to exchange its goods and/or services with other clients and wishes to subscribe to Über TRADE's record keeping and trade services. Client grants to Über TRADE the exclusive right to regulate the Community and to make decisions concerning clients that Über TRADE, in its sole judgment deems necessary. The terms "Client" and "Member" may be used interchangeably in this agreement.
Nature of the Trade Dollar. Client will offer its products and/or services to other clients of Über TRADE for Trade Credits (referred to as Trade Dollars). Community members shall not consider or treat Trade Dollars as legal tender, securities, or commodities, and cannot redeem them from Über TRADE or the Community for cash. Trade Dollars refer to an accounting entry with an assigned arbitrary value used by all affected parties. It is understood and agreed that Client may not be considered a creditor of Über TRADE or the Community in relation to Client's ability or lack thereof to utilize or spend Trade Dollars in Clients account. Client recognizes and grants to Über TRADE and its officers and directors the authority to regulate and control the amount of outstanding Trade Dollars in the trade network and to borrow and spend Trade Dollars in accordance with the rules, guidelines, and recommendations of its board.
Sales. As a Client of the trade community sponsored by Über TRADE (the "Community"), I agree to offer my products and/or services at regular prevailing prices (sale prices optional). You agree to indicate your trade preference on the member business profile and complete the trade transaction online. Once the trade transaction has been accepted by both member parties, you agree to pay the trade transaction fee to Über Trade via our payment gateway service. Your trade account will be credited with Über trade dollars (credits) in accordance with the trade dollar transaction amount. In consideration, I will be entitled to acquire other member products and/or services as available through the Community on the same basis.
Trade Transactions. To protect all parties and to receive credit for any transaction, Seller and Buyer must log onto the Über TRADE web site to execute a trade transaction. Once a trade has been negotiated and accepted by both trading parties, the Buyer's account shall be debited for the amount of the purchase at that time and the funds will be credited to Seller's account. All transactions are considered completed at the time of trade acceptance. Each member is STONGLY urged to print a copy of the trade transaction for their records. It is always best to have "written & agree-to" agreement in any business transaction. Exceptions to the above may include coupons, certificates and scrips that are advertised in the "Listings" section of the marketplace Seller needs to collect an acceptance signature on their own paperwork or invoice, (same as used in a cash sale) for verification should any dispute arise. Über TRADE reserves the right to reject any transaction and/reverse the transaction due to fraud or illegal activities.
Brokerage and Record Keeper Functions. Über TRADE serves in a brokerage capacity to assist clients to trade among themselves by means of the appointment of Über Trade as an independent agent who will provide information on participating clients and available products and services via the Service web site. Client understands that he/she has the full and exclusive responsibility of initiating and using the Community Trade System in order to derive economic benefit. The responsibility for the conduct of a trade is exclusively that of the participating clients - the buyer and seller. Über TRADE will use its best efforts to accurately record trades, to administer these Rules and Regulations in accordance with their terms and to broker clients' products and services. However, Client acknowledges that the sole principals in any trade are the buying and selling clients involved, that trades are entered into voluntarily, and that Über TRADE is not the fiduciary agent of any client nor is Über TRADE the guarantor of any transaction or Trade Dollar.
Trade Dollar Loans. Premium Members (Premium Clients) wishing to apply for a loan or line of credit will be required to submit a loan application, financial statement, credit agreement, promissory note or equivalent collateral. The applicant will be required to personally guarantee repayment of such loans. Approval of any trade loan is solely at the discretion of Über TRADE and Über TRADE is under no obligation to extend credit. Any account in a trade deficit will be charged interest of 1% per month in trade. Client grants to Über TRADE the right and power to make Trade Dollar loans to any client on terms and conditions consistent with the client's creditworthiness and ability to repay. While operating with such a loan in effect, Client must accept all trade sales at 100% trade until such deficit has been repaid. Violation of this clause will make the loan immediately due and payable in cash.
Billing. Cash payments for transaction fees will be due and payable at the time of buyer & Seller acceptance. Accounts with cash charges that remain unpaid after 30 days will be charged a late fee of 1.5% or $15.00, whichever is greater, and authorizations for purchases may be declined. Any account continuing in a delinquent status for 120 days may be closed without notice by Über TRADE.
Assignment of Accounts. Client accounts may not be assigned, transferred, or sold without the prior written approval of Über TRADE. Also, Über TRADE Dollars may not be advertised for sale without Über TRADE's express prior consent.
Amendment of Terms and Conditions. The Community Rules and Regulations and the Community Fee Schedules may at any time be amended by Über TRADE with 30 days written notice. Purchase or sale by a member company 30 days after date of the notice of amendment, without previous written objection to the amendment, constitutes acceptance of the amendment. All changes to individual contracts between Über TRADE and a client must be in writing and signed by an officer of Über TRADE.
Taxes. Use of Trade Dollars is a taxable event, and each client is solely responsible for declaring and reporting all applicable local, state and federal taxes resulting from trade transactions. Clients yearly sales will be reported to the IRS on Form 1099-B in accordance with federal regulations governing trade transactions. Client agrees to hold Über TRADE harmless for any action Über TRADE takes to comply with applicable laws and regulations. Also, Über TRADE must be informed of any changes in Client's legal name/number status, reportable on a W-9 form.
Overpricing. Products and services are to be traded at fair market or everyday selling prices. Über TRADE has the right to investigate any complaint of overpricing. Violation may subject Client to immediate termination and/or adjustment to the transaction involved. Upon advance receipt of documentation, Über TRADE may permit special pricing for items with a low profit margin. Repeated violations will result in suspension and/or cancellation of membership in the Community, but Client's and guarantor's obligations under this contract shall continue until Client's account balance reaches zero.
Suspension of Trading Privileges. Über TRADE reserves the right at its sole discretion to suspend Client's trading privileges if Client is in violation of any local, state, or federal law; engaged in overpricing, direct trades, or procedures detrimental to the Community or to its clients; has cash fees due which are more than thirty (30) days past due, or otherwise breaches these Terms and Conditions. In the case of delinquent fees, Client's account will be reinstated upon payment of the past due fees, including late charges, plus a reactivation fee of $100.00.
Termination. Client may terminate this contract at any time by delivering written notice of termination to Über TRADE. Termination will become effective 10 calendar days after Über TRADE receives notice of termination. In the event of voluntary termination, all positive trade balances must be (1) spent on products or services available through the Community, or (2) be transferred to another member, but only with Über TRADE's prior written approval. Any trade balance transferred at such time will be subject to Über TRADE's cash transaction service fee and these fees must be paid before the Trade Dollars will be transferred. Any Trade Dollars owed to the Community by Client must be repaid in either products or services within 30 days of notice of termination or the trade balance becomes due in cash.
Cancellation. Client's breach of these Rules and Regulations or the Über TRADE Client Trade Agreement may cause Client's account to be canceled by Über TRADE. Client's account may also be canceled if, in the sole opinion of Über TRADE, Client has acted in a manner which is detrimental to the Community or its other members. Cancellation shall be effected by delivery to Client of a written Notice of Cancellation, accompanied by a trade account balance statement. Any negative trade balance must be paid in cash within 30 days of receipt of the Notice of Cancellation. Client will have 30 days to use, or transfer with Über TRADE's written approval, any positive trade balance provided that Über TRADE's cash transaction fees are paid in advance.
Direct Trade. Direct trades between clients to avoid service fees are strictly prohibited, and if consummated are subject to standard cash transaction fees. Such trades may also result in suspension or termination of clients involved.
Disclaimer of Liability. By signing the Über TRADE Client Trade Agreement and agreeing to participate in the Trade Exchange, Client agrees to indemnify, hold harmless and defend Über TRADE with respect to any claim, debt, or liability whatsoever arising out of any transaction wherein Client is a buyer or seller. This includes, but is not limited to; professional malpractice claims, contractor/client disputes, product liability, etc. Client acknowledges that any trade transaction in which he/she participates shall be on a voluntary basis.
Attorney Fees and Costs. Client agrees to pay all reasonable attorney fees, court costs and collection costs incurred by Über TRADE in the enforcement of this agreement. Client agrees to pay interest at a rate of 18% on all balances more than 60 days past due.
Severability. If any one or more of the provisions of this agreement are determined to be unenforceable, in whole or in part, the remaining provisions shall remain fully operative.
Liability for Trade Dollars. Client acknowledges that Trade Dollars in the Community (positive balances) are the liabilities of persons who have spent more than their earnings (negative balances); that there is a creditor/debtor relationship between such persons; and that trade transactions incur the normal business risks associated with any credit transactions. Trade Dollars are the liabilities of clients who owe the Community. Negative Trade Dollar balances in any other accounts, such as member debt and forfeiture, member loan fund, trade exchange conversion accounts, etc. are the result of clients going out of business and/or exiting the system with negative balances, the acquisition of other deficit-spent trade networks, or other similar situations that may occur in credit transactions, and are not the responsibility of International Monetary Systems. Über TRADE is liable solely for the Trade Dollar indebtedness of its own operating account.
Contact Permission. Members give Über TRADE permission to send via fax and e-mail trade offerings and related advertisements.
Credit Cards. Über Trade does not store or keep Credit Card information on file. Über Trade uses payment service partners such as "PayPal" and others to complete cash transactions.
Privacy Policy
What information do we collect?
We collect information from you when you register on our site, execute a trade transaction, subscribe to our newsletter, respond to a survey or fill out a form. When registering or trading on our site, as appropriate, you may be asked to enter your: name, e-mail address, mailing address, phone number, social security number or Tax Identification Number. You may, however, visit our site anonymously as a non-member.
What do we use your information for?
Any of the information we collect from you may be used in one of the following ways:
To personalize your experience - (Your information helps us to better respond to your individual needs)
To improve our website - (We continually strive to improve our website offerings based on the information and feedback we receive from you)
To improve customer service - (Your information helps us to more effectively respond to your customer service requests and support needs)
To process transactions — (Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service requested.)
To send periodic emails — (The email address you provide for order processing, may be used to send you information and updates pertaining to your trades, announcements of new trading members & company news and updates on features related to our services, etc.)
Note: If at any time you would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email.
How do we protect your information?
We implement a variety of security measures to maintain the safety of your personal information when you trade. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Payment gateway providers database only to be accessible by those authorized with special access rights to such systems, and are required to keep the information confidential.
After a transaction, your private information (credit cards, financials, etc.) will not be stored on our servers.
Do we use cookies?
Yes. Cookies are small files that a site or its service provider transfers to your computer's hard drive through your Web browser (if you allow) that enables the sites or service providers systems to recognize your browser and capture and remember certain information. We use cookies to understand and save your preferences for future visits and enable a quicker and more efficient user experience.
Do we disclose any information to outside parties?
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others' rights, property, or safety.
This does not include any information that you or your designated representative provides for your "business profile" or "classified listings" sections of the website. Our web site is specifically designed to market your business and therefore publishes the information you provide for your marketing purposes.
Online Privacy Policy Only
This online privacy policy applies only to information collected through our website and not to information collected offline.
Terms and Conditions
Please also visit our Terms and Conditions section establishing the use, disclaimers, and limitations of liability governing the use of our website at www.ubertrade.com.
By using our site, you consent to our privacy policy.
Changes to our Privacy Policy: If we decide to change our privacy policy, we will post those changes on this page. This policy was last modified on January 13, 2010
Contacting Us
If there are any questions regarding this privacy policy you may contact us using the information below.
www.ubertrade.com Johns Creek, Georgia 30022 USA info@ubertrade.com (770) 663-4116