By accessing or using barterofamerica.com, the Barter of America member portal, the Barter Stores app, BartPay Credits system, MobBuys marketplace, Fuudys creator platform, or DataSunion (collectively, the "Services"), you agree to be bound by these Terms of Use and our Privacy Notice.
If you do not agree to these terms, you must not use our Services.
These Terms of Use constitute a legally binding agreement between you and Israel Landau, DBA The Barter Store (also known as Barter of America, Barter of Las Vegas, Barter of Los Angeles, and Barter of San Diego), headquartered at 209 S. Stephanie St. Suite B1051, Henderson NV 89012.
To become a member of Barter of America you must:
Barter of America reserves the right to refuse membership to any applicant at its sole discretion. Membership is not transferable.
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
Trade dollars are the unit of account within the Barter of America business exchange. One trade dollar is equivalent in face value to one US dollar for the purpose of member-to-member transactions. Trade dollars are not legal tender, are not redeemable for cash, and have no cash value outside the Barter of America exchange network.
Barter Stores Credits are a store-of-value unit used within the Barter Stores consumer application and related services. Credits are valued at 1:1 to the US dollar for in-network transactions. Credits are not cryptocurrency, are not securities, and are not redeemable for cash unless explicitly stated in a specific program offering.
Barter transactions are taxable events under US federal law, including the Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA). Barter of America will issue IRS Form 1099-B to members as required by law. You are solely responsible for reporting and paying all taxes arising from barter transactions. Barter of America is not a tax advisor and this document does not constitute tax advice.
Members agree to use the Services lawfully and in good faith. The following conduct is strictly prohibited:
Violation of these conduct standards may result in immediate account suspension or termination without refund.
Every barter transaction facilitated through Barter of America is backed by a signed legal agreement between the parties. This has been our standard practice since July 2001 and applies to all transaction types including business exchange trades, Barter Stores app swaps, and Fuudys creator collaborations.
By initiating or accepting a barter transaction, you:
Barter of America acts as an exchange facilitator and is not a party to member-to-member transactions. We are not responsible for the quality, safety, legality, or delivery of goods or services exchanged between members.
Barter of America charges fees for membership and transaction processing as outlined in your Member Agreement and any applicable fee schedules. Current fee schedules are available upon request at info@barterofamerica.com.
Standard transaction fees apply to all business exchange trades. Barter Stores app subscription fees and transaction fees are as described in the Barter Stores pricing schedule. Fuudys creator platform fees are as described in the Fuudys terms.
All fees are subject to applicable taxes. You are responsible for all federal, state, and local taxes arising from your use of the Services, including taxes on barter income as required under TEFRA 1982 and related IRS regulations.
All content on barterofamerica.com and related Services — including but not limited to text, graphics, logos, icons, images, audio clips, and software — is the property of Israel Landau, DBA The Barter Store, or its content suppliers and is protected by United States and international copyright, trademark, and other intellectual property laws.
The Barter of America name, logo, "Barter Stores," "BartPay," "Fuudys," "DataSunion," and "MobBuys" are trademarks of Israel Landau, DBA The Barter Store. You may not use these marks without our prior written permission.
You may not reproduce, distribute, modify, create derivative works of, publicly display, or exploit any content from the Services without our express written consent.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. Barter of America does not warrant that the Services will be uninterrupted, error-free, or free of viruses or other harmful components.
To the fullest extent permitted by applicable law, Barter of America shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the Services, including but not limited to loss of profits, loss of data, loss of goodwill, or the cost of substitute services.
Barter of America's total liability for any claim arising from the use of the Services shall not exceed the total fees paid by you to Barter of America in the twelve (12) months preceding the claim.
Barter of America may immediately suspend or terminate your account and access to the Services, without prior notice, if we determine in our reasonable discretion that you have violated these Terms of Use, your Client Agreement, or our Member Conduct standards.
Outside of a suspension or termination for cause under the preceding paragraph, this agreement may be terminated by either party upon ten (10) days' written notice, consistent with your Client Agreement. Upon termination, your right to use the Services ceases at the end of that notice period (or immediately, in the case of a for-cause termination). Any deficit in your account at the time of termination is handled as set out in your Client Agreement.
You may terminate your account at any time by contacting us at info@barterofamerica.com. All provisions of these Terms that by their nature should survive termination — including intellectual property, disclaimers, and limitation of liability — shall survive.
These Terms of Use shall be governed by and construed in accordance with the laws of the State of Nevada, without regard to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the courts located in Clark County, Nevada for the resolution of any disputes arising from these Terms or your use of the Services.
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
Barter of America reserves the right to modify these Terms of Use at any time. We will provide notice of material changes by posting the updated terms on our website and, where feasible, by sending email notification to registered members at least ten (10) business days before the changes take effect.
Consistent with the Electronic Acceptance provisions of your Client Agreement, a revised Client Agreement applies only prospectively: it governs new members and any existing member who separately accepts it through our acceptance interface. Updates to these Terms of Use that do not modify your Client Agreement take effect for all users as of the effective date stated above. If you do not agree to revised Terms of Use, you must discontinue use of the Services and contact us to close your account.
If you have any questions about these Terms of Use, please contact us. Please allow ten (10) business days for a response.
Email: info@barterofamerica.com
Phone: (702) 728-1185
Address: 209 S. Stephanie St. Suite B1051, Henderson NV 89012
For account termination requests, disputes, or legal notices, please send written correspondence to the address above, Attention: Legal Department.