Terms

TERMS OF USE AGREEMENT
BARRELBID.COM
AMERICANBARRELEXCHANGE.COM


General
This Agreement sets forth the terms and conditions that govern the relationship between American Barrel Exchange LLC(“ Company”) and you as a Buyer or Seller of merchandise, as the case may be. (“you”, “your”  “Buyer” or  “Seller”, respectively) with respect to process, terms and conditions under which you may offer or sell, or purchase, , supplies, equipment  and other similar items related to the business of operating breweries, distilleries and wineries  (collectively “Property”) on  the Company’s website known as “Barrelbid.com” and "Americanbarrelexchange.com" or similar websites  (collectively, the “Site”). If you wish to access or use the Site to offer sell or purchase Property through the Site (the “Services”), you must accept the terms and conditions of this Agreement, without change.
PLEASE REVIEW THE FOLLOWING TERMS CAREFULLY BEFORE USING THE SITE AND ITS SERVICES. BY USING THE SERVICES OF THE SITE AS A SELLER, YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT AND ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE HEREIN).
 TERMS AND CONDITIONS APPLICABLE TO SELLER
Use of the Site and the Services is limited to Sellers that lawfully can enter into and form contracts under applicable law. Without limiting the generality of the foregoing, minors may not sell items of Property through the Site. Every Seller who uses the Services hereby represents and warrants to Company that he or she is not a minor, is at least over the age of eighteen (18) and may otherwise enter into and form binding contracts under applicable law. To register, you must provide your real name, address, phone number, e-mail address and valid credit card number, along with other information that may be required from time to time. Providing inaccurate registration information constitutes breach of this Agreement.
Use of the Site
A Seller may list Property for sale at auction on the Site during the term of this Agreement, subject to the following terms and conditions:

  • You will describe all Property offered by you truthfully and accurately. This would encompass text descriptions, images and pictures of each item of Property including, without limitation, its physical condition (otherwise known as a condition report), age, provenance, and any other relevant data. All damage to Property must be photographed and clearly presented on the Site. Additionally, the information presented in your listing cannot be misleading, either through the inclusion of actual information provided or by the omission of information.
  • The Site and its Services only may be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding your use of the Site and its Services. All information you post on the Site will comply with all applicable law, statutes and regulations. It is your responsibility to determine whether the offer or sale of Property may violate applicable laws, statutes or regulations. The minimum regulatory venue is deemed to be the  United States of America and the State of Florida 
  • When posting Property for sale on the Site, you are responsible for establishing the pre-sale estimates (including both a “high” estimate and a “low” estimate for each item) and, for items offered on the Site as auctions, the starting price (i.e., minimum initial bid price) will be set at ten percent (10%) or more of the low end of the estimated value of the item. You will have the option to also establish a reserve for each item but a reserve is not required. A reserve is the minimum acceptable price at which the item may be sold. It is the policy of the Site that in no case may the reserve exceed the posted low pre-sale estimate, and you agree to comply with this policy.
  • You will adhere to the Property Policy and Listing Guidelines annexed hereto and such other policies and guidelines applicable to the Site as such may be amended by us from time to time in our sole discretion.
  • You will not to allow other persons or entities to post items on the Site using your membership name. Unauthorized use of passwords or user accounts is also prohibited. You agree not to share account information with other parties. Company will not be held liable for any activity resulting from compromised account information.
  • You will not interfere with the operation of the Site or with any auction being conducted on the Site, through any device, software, virus or other means, including without limitation, sniping, time bombs, etc.
  • You acknowledge and agree that you have read our Terms of Use and Privacy Policy, which is incorporated by reference into, and made part of, this Agreement. We may change our Terms of Use and/or Privacy Policy in the future without notice to you and you should check our Terms of Use and Privacy Policy sections of the Site frequently for changes. Except as authorized herein and unless otherwise authorized or consented, you agree not to use any information regarding other participants which is accessible from the Site or disclosed to you through the Site except to enter into and complete transactions. You agree not to use any such information for purposes of solicitation, advertising, unsolicited e-mail or spamming, harassment, invasion of privacy, otherwise objectionable conduct or otherwise inconsistent with our Terms of Use and/or Privacy Policy.
  • You will immediately notify Company if you suspect that your information or listing data has been compromised.
  • Should the authenticity or ownership of any Property sold by you through the Site be found to be incorrect, you will permit the purchaser to return such Property to you for a full refund.
  • You are strictly prohibited from placing bids or causing bids to be placed on any item of Property for the purpose of artificially increasing or otherwise manipulating the bidding process on the Site or the bid price of any item of Property listed on the Site.
  • You will complete the transaction(s) as described by this Agreement. You agree to honor the transaction contract. You will not fail to deliver an item for which payment was accepted, significantly misrepresent an item by not meeting the terms and item description outlined in the listing, or refuse to accept payment for an item at the end of a successful sale. You acknowledge that by not fulfilling these obligations, your action or inaction may be legally actionable.
  • It is your responsibility to determine whether sales or use taxes apply to any sale transactions conducted by you through the Site and to collect, report and remit the correct tax to the appropriate tax authority. Company is not obligated to determine whether sales or use taxes apply and is not responsible to collect, remit, pay or report any sales or use taxes arising from any such sale transaction.

After an item of Property has been listed on the Site, Seller cannot amend or make any changes to the listing without the consent of the Company.  If a change is necessary, for any reason, you are required to notify Company promptly. Company reserves the right, in its sole discretion, to terminate the listing of the Property based on the proposed change. In the event that the listing of the Property is terminated, Seller will be obligated to pay the Company the then applicable listing fee.
Company has the right, but not the obligation, to monitor any activity and content associated with the Site. Company may, but shall not be obligated to, investigate any reported violation of this Agreement or any of its policies and guidelines (including, without limitation our Privacy Policy, Terms of Use or complaints, and take any action that it deems appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of service, denying access and/or removal of any materials on the Site, including listings, all of which may be taken by Company without liability to you or any other person or entity. Company reserves the right and has sole discretion, to remove, screen or edit any content that violates these provisions or is otherwise objectionable. In addition, Company may, in its sole discretion, remove any item of Property posted by you or cancel any auction in progress that it determines has been posted on the Site in violation of this Agreement or any of its policies and guidelines (including, without limitation our Privacy Policy, Terms of Use,  or return policies). In the event of a removal or cancellation, Company will not have any liability to you, any bidder or any other person or entity with respect to the offer of such item or the cancellation of the auction.
As permitted by applicable law, Company also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties. In order to cooperate with information requests, to protect Company's systems and customers, to allow users to resolve disputes, or to ensure the integrity and operation of the Site, Company's business and systems or other purposes deemed reasonable by Company, Company may access and disclose any information it considers necessary or appropriate, including, without limitation, user contact details, IP addressing and traffic information, usage history and posted content.
Warranty of Authenticity
You warrant the authenticity and ownership of all items of Property offered by you for bidding or purchase on the Site. Company reserves the right to terminate any auction or sale of any item which it believes, in its sole discretion is not authentic or where authenticity is substantially not as described in the listing. Company will have no liability to the Seller or other person or entity (including any bidder) in any auction terminated by Company.
Fees
There are no membership fees to use the online portion of the Site and its Services. However, Company will bill all Sellers for a listing fee (“Listing Fee”) per item of Property, which will be incurred when such items are listed on the Site. In addition to the Listing Fee, Company will be entitled to receive, and Seller will be responsible to pay Company, a commission percentage fee (“Commission Fee”) payable on the selling price of all items of Property sold by you through the Site, excluding any tax, shipping or handling charges. All current fees applicable to auctions are listed under the “Fee Schedule” at Fees (the “Fee Schedule”). Company reserves the right to change or amend all or any portion of the Fee Schedule, at any time and in its sole discretion, in accordance with the amendment and notification provisions of this Agreement (See Amendment and Notification below).
You will pay all fees owed to Company upon receipt of any invoice therefor. Company reserves the right to deliver any invoice to you by: (i) posting an invoice to your account section of the Site; (ii) emailing an invoice to you at the address you have provided in your account settings; or (iii) mailing an invoice to the address provided by you at registration to the Site, as such may be updated from time to time by you in accordance with the procedures designated on the Site. Transmission of any invoice in this manner shall constitute receipt. Additionally, you agree not to interfere with the billing process or attempt to circumvent the fees in any way.
Unless otherwise stated, all fees are listed and shall be required to be paid in US Dollars. You are responsible for all fees and taxes associated with posting to the Site and any sale of Property through the Site. Company reserves the right to collect on accounts due by various means including but not limited to the use of collection agencies, legal counsel, and direct charge to payment methods that are on file. You will be responsible for all costs of collection (including reasonable attorneys' fees) in the event you fail to pay any amounts due to Company hereunder.
Use of Content
You, the Seller, grant to Company and its affiliated entities an irrevocable, non-exclusive, worldwide, royalty-free, perpetual license and right to publish, reproduce or otherwise use all materials, text, information, images, photographs or other content listed, posted, displayed or otherwise submitted by you to the Site (collectively, the “Materials”) for all purposes, in any medium whatsoever. It shall be Seller's sole and exclusive responsibility to secure any necessary permissions and/or authorizations to list, post or display any Materials on the Site where such rights are held by third parties.
Representations; Warranties and Additional Agreements
You represent and warrant that you have the full power and authority to enter into this Agreement and to grant to Company the rights set forth herein.
You agree to comply with the Site's policies and guidelines as they may exist from time to time.
 You represent and warrant that you have the right, power and authority to transfer clear and unencumbered title to any item of Property offered for sale by you through the Site to the successful bidder with respect to such item of Property and you agree to transfer such clear and unencumbered title (and the right to possession of such Property) to the successful bidder upon payment for such item of Property.
Unless you have “opted-out” in accordance with the registration procedures of the Site, you agree that the Company and its affiliated entities may use your name and identify you by your alias as an Company Auctions Member in any marketing and promotional material distributed about Company and/or its affiliated entities.
Property policy and listing guidelines
1. Representations and Warranties Concerning Property
Each Seller shall be deemed to make the following representations and warranties to Company upon the posting of any Property for sale on the Site:

  • Seller has the right to offer the Property for sale through the Site;
  • Seller has good and unencumbered title to any Property offered for sale by Seller through the Site and good and unencumbered title and right to possession to the Property will pass to the buyer of such Property at the time of sale;
  • Seller has no reason to believe that the Property is not authentic or is counterfeit; and
  • If applicable, the Property has been lawfully imported into the jurisdiction in which it is currently located and that any applicable tariffs and taxes have been properly paid.

2. Listing Guidelines
Each Seller is required to fully endorse and agree to the following listing guidelines regarding Property to be offered for sale on the Site

  • Seller agrees not to include brand names or other keywords in the title that may affect the keyword searches for the Site.
  • Seller agrees not to use brand names, misleading or inappropriate aliases for his/her screen name.
  • Seller agrees to list the items within the appropriate categories on the Site.
  • Seller agrees to deliver the item of Property purchased from it unless the buyer of such item of Property fails to make payment.
  • Seller agrees to fully disclose all shipping information to the buyer and to not misrepresent shipping costs or where the item of Property will be shipped from.
  • Seller agrees to disclose the states where it is are obligated to collect sales taxes. Seller shall be responsible for the collection and remittance of all applicable sales taxes.
  • Seller agrees not to offer more than one choice of item per lot entry or list a single item but offer additional items for sale in the description.
  • Seller agrees not to increase the rate to the buyer to pay for the use of credit cards, or other methods of payments used in the ordinary course of business.

VIOLATION OF ANY OF THE FOREGOING POLICIES AND GUIDELINES SET FORTH ABOVE MAY RESULT IN THE IMMEDIATE TERMINATION OF ANY AUCTION BEING CONDUCTED BY A SELLER ON A SITE, BY THE REMOVAL OF THE PROPERTY FROM THE SITE AND/ OR THE IMMEDIATE TERMINATION OF THE SELLER'S MASTER SELLER AGREEMENT.

TERMS AND CONDITIONS APPLICABLE TO BUYER
General

Use of  the Site and the Services is limited to Buyers that lawfully can enter into and form contracts under applicable law. Without limiting the generality of the foregoing, minors may not bid on or offer to purchase items of Property through the Site. Every Buyer who uses the Services hereby represents and warrants to Company that he or she is not a minor, is at least over the age of eighteen (18) and may otherwise enter into and form binding contracts under applicable law. To register, you must provide your real name, address, phone number, e-mail address and valid credit card number, along with other information that may be required from time to time. Providing inaccurate registration information constitutes breach of this Agreement.

Use of the Site
You may bid on or offer to purchase items of Property for sale  on the Site during the term of this Agreement, subject to the following terms and conditions:

  • You must honor all bids placed for Property  and  in an auction, and are obligated to complete the transaction with the respective seller if you are the winning Buyer. You acknowledge that by not fulfilling these obligations, your action or inaction may be legally actionable.
  • You are responsible to read and understand, and will be bound by, all terms of sale described in the auction listing including, but not limited to, method of payment, appropriate state or international sales tax, shipping and handling fees, and the applicable seller's return policy for each auction listing.
  • You understand and agree that a bid  or   to purchase  a specific item of Property is a legal obligation to purchase the item under the terms described in the  Site  listing. Bids are not retractable except under circumstances deemed appropriate by Company in its sole discretion. Possible examples include, but are not limited to, bids made in error, the revocation of a listed item, material changes to the description of an item or blatant errors in a listing. You must contact Company immediately after placing a bid to retract any bids made in error.
  • The Site and its Services only may be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding your use of the Site and its Services, including in regard to bidding,offering for  and purchasing items of Property.  The minimum regulatory venue is deemed to be United States of America and the State of Florida.
  • You will not to allow other persons or entities to bid or offer  for items of Property  on the Site using your membership name. Unauthorized use of passwords or user accounts is also prohibited. You agree not to share account information with other parties. Company will not be held liable for any activity resulting from compromised account information.
  • You will not interfere with the operation of the Site or with any auction being conducted on the Site, through any device, software, virus or other means, including without limitation, sniping, time bombs, etc.
  • You acknowledge and agree that you have read our Terms of Use and Privacy Policy, which is incorporated by reference into, and made part of, this Agreement. We may change our Terms of Use and/or Privacy Policy in the future without notice to you and you should check our Terms of Use and Privacy Policy sections of the Site frequently for changes. Except as authorized herein and unless otherwise authorized or consented, you agree not to use any information regarding other participants which is accessible from the Site or disclosed to you through the Site except to enter into and complete transactions. You agree not to use any such information for purposes of solicitation, advertising, unsolicited e-mail or spamming, harassment, invasion of privacy, otherwise objectionable conduct or otherwise inconsistent with our Terms of Use and/or Privacy Policy.
  • You will immediately notify Company if you suspect that your information or data has been compromised.
  • You are strictly prohibited from placing bids or causing bids to be placed on any item of Property for the purpose of artificially increasing or otherwise manipulating the bidding process on the Site or the bid price of any item of Property listed on the Site.
  • It is your responsibility to pay any sales or use taxes apply to any purchase transactions conducted by you through the Site. Company is not obligated to determine whether sales or use taxes apply and is not responsible to collect, remit, pay or report any sales or use taxes arising from any such sale transaction.
  • Buyer agrees not to use brand names, and/or misleading or inappropriate aliases for his/her screen name.

Company has the right, but not the obligation, to monitor any activity and content associated with the Site. Company may, but shall not be obligated to, investigate any reported violation of this Agreement or any of its policies and guidelines (including, without limitation our Privacy Policy and Terms of Use) or complaints and take any action that it deems appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of service, denying access and/or removal of any materials on the Site, including bids, all of which may be taken by Company without liability to you or any other person or entity. Company reserves the right and has sole discretion, to remove, screen or edit any content that violates these provisions or is otherwise objectionable. In addition, Company may, in its sole discretion, remove any item of Property or cancel any auction in progress that it determines has been posted on the Site in violation of this Agreement or any of its policies and guidelines (including, without limitation our Privacy Policy and Terms of Use). In the event of a removal or cancellation, Company will not have any liability to you, any seller or any other person or entity with respect to the offer of such item or the cancellation of the auction.
As permitted by applicable law, Company also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties. In order to cooperate with information requests, to protect Company's systems and customers, to allow users to resolve disputes, or to ensure the integrity and operation of the Site, Company's business and systems or other purposes deemed reasonable by Company, Company may access and disclose any information it considers necessary or appropriate, including, without limitation, user contact details, IP addressing and traffic information, usage history and posted content.
Use of Content
You, the Buyer, grant to Company and its affiliated entities an irrevocable, non-exclusive, worldwide, royalty-free, perpetual license and right to publish, reproduce or otherwise use all materials, text, information, images, photographs or other content, including prices, of any item purchased by you through the Site (collectively, the “ Buyer Materials”) for all purposes, in any medium whatsoever. You agree that you as the Buyer will not seek and do not expect any compensation for Company's use of any such Buyer  Materials.
Because Company is not a party in the actual transaction between a seller and buyer conducted through the Site and is not the agent of either for any purpose, Company does not have the duty to resolve and will not be involved in resolving any disputes between participants related to or arising out of any such transaction. Company has no control over and does not guarantee the quality, safety or legality of items offered for sale through the Site, the truth or accuracy of listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction. No statement by any seller regarding condition, kind, value or quality of a lot shall be construed to be an expressed or implied warranty, representation or assumption of the liability by Company.
It is Company's policy to allow sellers and buyers the opportunity to settle differences directly. Company reserves the right, but has no obligation, to investigate either a seller's or a buyer's complaint with respect to any item of Property offered for sale through the Site. You agree to cooperate with any investigation that Company may conduct in response to a claim, and to provide Company with any documentation in your possession or control.

GENERAL CONDITIONS APPLICABLE TO BOTH BUYERS AND SELLERS

1. License to Use the  Site  and Software.  Subject to the terms and conditions of this Agreement,  Company grants You the limited, non-exclusive, non-transferable license (“License”)  to access  and  use the Site and  Software  only  for Your personal or  internal  business use.  “Software” means the proprietary Company software, third party software, Site, interfaces,  data and content that are accessible by You  or which are integrated into  the Company’s  Site.   


2. Restrictions.  

2.1. You agree not to use the Software for any purpose other than to assist you  with respect to the purchase or sale of Property on the Site    You may not: (a) copy modify, decompile, disassemble, extract, or otherwise reverse engineer the Software, or create derivative works based upon all or part of Software, or (b) copy, transfer, lease, assign, rent, or sublicense the Software, in whole or in part, except as expressly set forth in this Agreement, or (c) use the Software for the purpose of providing a service bureau, third-party hosting, time-sharing, an application service, or similar services for third parties, or (d) use or combine the Software with open source programs, including but not limited to programs made available under the GPL license, in any manner that could be interpreted to cause the Software or any part thereof to be subject to an open source license.  

2.2 You represent and warrant that you have all third-party software or other licenses, including but not limited to all licenses with any third party through which You may be accessing the Software.

3. Proprietary Rights. The Software is licensed to you, not sold to you.  You acknowledge and agree that Company and  its licensors own, control and shall retain all right, title, and interest in and to the Software and the Site, including but not limited to all associated algorithms, data structures, techniques, concepts, technology, report formats, and screen formats, as well all related patents, trademarks, copyrights, trade secrets, and other intellectual property rights.  Nothing contained in this Agreement shall be construed directly or indirectly to assign or grant to You any right, title, or interest in or to trademarks, copyrights, patents, or trade secrets of Company or its licensors, or any ownership rights in or to the Software.  Company reserves all rights not expressly granted to you in this Agreement. 

Limitation of Liability
THE SITE AND SERVICE IS  PROVIDED  "AS IS" AND WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES. COMPANY SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, IMPLIED WARRANTIES OF NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE AND CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS), ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE SITE, THE SERVICES, THE INABILITY TO USE THE SITE OR SERVICES OR THOSE RESULTING FROM ANY GOODS OR SERVICES SOLD, PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SITE OR SERVICES WHETHER SUCH DAMAGES ARISE UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE. THE  COMPANY DOES NOT GUARANTEE OR REPRESENT IN ANY MANNER THAT THE SITE OR SERVICE WILL OPERATE ERROR-FREE OR THAT THE SITE OR SERVICE WILL BE UNINTERRUPTED.
Indemnity
BOTH PARTIES AGREE TO DEFEND, INDEMNIFY AND HOLD COMPANY AND OUR SUBSIDIARIES, PARENTS, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, LIABILITIES, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES) ARISING FROM OR IN CONNECTION WITH (A) YOUR USE OF THE SITE AND SERVICES (INCLUDING, WITHOUT LIMITATION, ANY CLAIM RELATING TO ANY PROPERTY SOLD,  BID ON OR PURCHASED BY YOU ON THE SITE); (B) YOUR BREACH OF THIS AGREEMENT (INCLUDING, WITHOUT LIMITATION, YOUR BREACH ANY GUIDELINES AND/OR POLICIES INCORPORATED BY REFERENCE HEREIN); (C) YOUR VIOLATION OF ANY STATE, FEDERAL, FOREIGN OR INTERNATIONAL LAWS, CODES OR REGULATIONS; AND/OR (D) YOUR VIOLATION OF ANY THIRD PARTY'S RIGHTS, INCLUDING, BUT NOT LIMITED TO, INFRINGEMENT OF ANY COPYRIGHT, VIOLATION OF ANY PROPRIETARY RIGHT AND INVASION OF ANY PRIVACY RIGHTS.
Release
BECAUSE COMPANY IS NOT THE SELLER IN TRANSACTIONS BETWEEN BUYERS AND SELLERS, IF A DISPUTE ARISES BETWEEN ONE OR MORE PARTICIPANTS,  EACH  OF SELLER AND BUYER RELEASE COMPANY (AND ITS SUBSIDIARIES, PARENTS, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, 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. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." YOU, BEING AWARE OF SAID CODE SECTION, HEREBY EXPRESSLY WAIVE ANY RIGHTS YOU MAY HAVE THEREUNDER, AS WELL AS UNDER ANY OTHER STATUES OR COMMON LAW PRINCIPLES OF SIMILAR EFFECT. YOU ACKNOWLEDGE AND AGREE THAT THIS WAIVER IS AN ESSENTIAL AND MATERIAL TERM OF THIS AGREEMENT, AND THAT WITHOUT SUCH WAIVER, THIS AGREEMENT WOULD NOT HAVE BEEN ENTERED INTO BY COMPANY.
Representations; Warranties and Additional Agreements
You represent and warrant that you have the full power and authority to enter into this Agreement and to grant to Company the rights set forth herein. You agree to comply with the Site's policies and guidelines as they may exist from time to time (including, without limitation, our Privacy Policy and Terms of Use).
Amendment and Notification
Company reserves the right to change any of the terms and conditions contained in this Agreement by posting on the Site either a new agreement or any changes or amendments thereto. Any changes will be effective upon posting of the revisions on the Site. You are responsible for reviewing the Site and any applicable changes. Changes to this Agreement may be posted on the Site without notice to you.
 YOUR CONTINUED USE OF THIS SITE AND ITS SERVICES FOLLOWING COMPANY'S POSTING OF ANY CHANGES OR AMENDMENTS WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR AMENDMENTS. IF YOU DO NOT AGREE TO ANY CHANGES OR AMENDMENTS TO THIS AGREEMENT, DO NOT CONTINUE TO USE THE SITE OR ITS SERVICES AS A BUYER.
All informal communication between the parties will be via email to the extent feasible.
Termination of Agreement
Company reserves the right, in its sole discretion, to terminate this Agreement or to suspend use of the Site and/or Service to any Buyer at any time and for any reason without notice or explanation. The foregoing shall be in addition to any other rights or remedies in the event you breach this Agreement or the documents it incorporates by reference or if Company believes that your actions may cause legal liability for Company or any Site users.
Notification of any termination or suspension will be emailed to you at the address you have provided in your account settings.
The following Sections survive any termination of this Agreement: Dispute Resolution; Limitation of Liability, Indemnity; Release; Representations, Warranties and Additional Agreements; and Miscellaneous.
Miscellaneous
The laws of the State of Florida  govern this Agreement and all of its terms and conditions, without giving effect to any principles of conflicts of laws.
YOU AGREE THAT ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR OUR SERVICES SHALL BE SETTLED BY BINDING ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. ANY SUCH CONTROVERSY OR CLAIM SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND SHALL NOT BE CONSOLIDATED IN ANY ARBITRATION WITH ANY CLAIM OR CONTROVERSY OF ANY OTHER PARTY. THE ARBITRATION SHALL BE CONDUCTED IN MIAMI, FLORIDA   AND JUDGMENT ON THE ARBITRATION AWARD MAY BE ENTERED INTO ANY COURT HAVING JURISDICTION THEREOF. EITHER YOU OR COMPANY MAY SEEK ANY INTERIM OR PRELIMINARY RELIEF FROM A COURT OF COMPETENT JURISDICTION IN MIAMI-DADE  COUNTY, FLORIDA. IF NECESSARY TO PROTECT THE RIGHTS OR PROPERTY OF YOU OR COMPANY PENDING THE COMPLETION OF ARBITRATION AND YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY CONSENT AND SUBMIT TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS OVER ANY SUIT, ACTION OR PROCEEDING ARISING OUT OF THESE TERMS AND CONDITIONS.
If anyone or more of the provisions contained in this Agreement for any reason is held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision of this Agreement, but this Agreement shall be construed as if such invalid, illegal or unenforceable provision or provisions had never been contained herein.
You shall not assign this Agreement to another entity or person without the prior written consent of Company. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of each of the parties hereto and their respective heirs, executors, beneficiaries, successors and assigns.
You acknowledge and agree that no joint venture, partnership, agency, franchise, or employment relationship is created or intended by this Agreement, and agree not to represent to third parties that you are an agent, partner, joint venturer or employee of Company or any of Company's affiliated entities.
This Agreement and the general terms, conditions set forth on the Site, including but not limited to the policies and guidelines referred to herein, constitute the entire agreement of the parties with respect to the subject matter hereof and supersedes and cancels all prior and contemporaneous agreements, claims, representations and understandings of the parties in connection with the subject matter hereof.
Company's failure to enforce the strict performance of any provision of this Agreement (or any policy or guideline referred to herein) will not constitute a waiver of Company's right to subsequently enforce such provision or any other provisions of this Agreement (or any policy or guideline referred to herein).
Confidentiality.  By virtue of this Agreement, You and the Company may have access to information that is confidential to one another (“Confidential information”).  “Confidential Information” will include, without limitation,: (i) the Software, its functionality, and any other material provided by Company that is marked “confidential” or that would reasonably be recognized as confidential; and (ii) Your personal information or  data, if any,  residing on the Company’s servers.

 Confidential Information shall not include information that: (a) is or becomes a part of the public domain through no act or omission of the other party; (b) was in the other party’s lawful possession prior to the disclosure and had not been obtained by the other party either directly or indirectly from the disclosing party; (c) is lawfully disclosed to the other party by a third party without restriction on the disclosure; or (d) is independently developed by the other party. 
 
You and the Company  agree to hold each other’s Confidential Information in confidence for a period of three years from the date of disclosure. Also, we each agree to disclose Confidential Information only to those employees or agents who are required to protect it against unauthorized disclosure in a manner no less protective than under the Agreement. The Company will protect the confidentiality of your personal data residing on the Company’s servers in accordance with the security practices that the Company uses to protect its own Confidential Information.


 Binding Agreement. BY ACCESSING OR USING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT.  

 

FEES and FEE SCHEDULE

Due to the nature of placing advertising online, we do not generally offer refunds on listing fees. Once an item is posted, the item will immediately gain exposure to our visitors, however, no guarantees are made as to the success of the advertisement.

American Barrel Exchange (Barrelbid.com) does not charge buyers’ service fees when they purchase through out site. We only charge sellers that list items for sale or auction.

You will see, and approve fees as you list items for sale or auction, and this same FEE SCHEDULE in the FAQs section of the site.

 

SELLERS FEES

We use the following formula to calculate the Seller’s Total Listing Fee:

Optional Listing Features + Final Fee = Seller’s Total Listing Fee

 

Optional Listing Features:

$3. (USD) if a seller chooses to add the item to the featured products on the home page: in rotation.

$2. (USD) to add a animated rotating “Sale” starburst image to a listing.

$0.25 (USD) for each additional listing image after the first image which is included in the listing.

$1. (USD) to make a listing stay on the site until it is cancelled (This does not apply to auctions).

 

Final Fee (or Closing Fee):

7% of final sale price

 

Examples:

Product listed for sale and sold at $99. (USD) that has one additional image.

$0.25 (USD) for additional image + $6.93 (USD) as the 7% Final Fee = $7.18 (USD) Total Charge

 

Product listed for sale and sold at @200. (USD) that has one additional image.

$0.25 (USD) for additional image + $14. (USD) as the 7% Final Fee = $14.25 (USD) Total Charge

 

We adhere to the following policy with respect to requests for refunds of listing fees:

  • We will not provide a refund, for any reason, once the advertisement has been published. 
  • Advertisements cancelled prior to publishing will be refunded in full. 
  • Due to the type of advertising sold online, no prorated refunds will be made for any advertisement or listing cancelled following the first publication.
  • No refunds are offered to advertisers who wish to cancel “Optional Listing Features” to an ad posting after the advertisement has been published the first time.
  • Approved refunds for credit card transactions will only be made as credits to the credit card account used in the initial transaction.
  • There are absolutely no refunds for final fees.