TradeCredits User Agreement

TradeAway is not a bank. Accounts are not FDIC insured. It is understood that non-cash barter currency issued by TradeAway ("TradeCredits") and/or other funds may be required in order to buy and sell on the site. Users and TradeAway acknowledge and agree that TradeCredits are not bank deposits, legal tender, securities or commodities, and may not be redeemed for cash. In no event shall TradeAway be required to refund, redeem, or pay any amounts to User for any TradeCredits, or be responsible for conversion or liquidation of TradeCredits. Notwithstanding the foregoing, TradeAway may, from time to time, offer special promotions to Users whereby TradeAway may, at its sole discretion, provide refunds to Users of TradeCredits, up to an amount equivalent to the number of TradeCredits purchased by the User from TradeAway. Except as otherwise expressly approved by TradeAway in advance in writing, TradeCredits shall not be transferable, and User shall not transfer, assign, pledge or hypothecate any TradeCredits or interest in its account in any way, directly or indirectly except as required for the bona fide purchase of goods or services through the Service, or as required for a line of credit issued by TradeAway or another lender expressly authorized by TradeAway, in each case in accordance with this Agreement and all rules and policies established by TradeAway and the lender's agreement with the User. TradeAway may allow User to purchase TradeCredits from TradeAway using U.S. Dollars or other currency approved by TradeAway.

When User requests to purchase an item, TradeCredits may be immediately deducted from User's account as required for the transaction and a 3.5% transaction fee ( minimum of $3.50 fee) will be charged to the purchaser and is payable in cash. When User sells an item, TradeCredits may be passed to User's account subject to restrictions during a vesting or escrow period. Without limiting the foregoing, TradeAway reserves the right to restrict use of such TradeCredits for a period of fourteen (14) days from the time of the sale.

User agrees that:

(i) TradeAway does not guarantee that User will be satisfied with selection of, or prices for, products or services available on the Service;

(ii) TradeAway will not pay interest on balances in User's account;

(iii) TradeAway does not guarantee that there will be adequate currency reserves to cover all outstanding claims in the Service;

(iv) TradeAway does not take responsibility for, and shall not be liable for, any act or omission of TradeAway which does not constitute gross negligence or willful misconduct on the part of TradeAway and, in no event, shall be responsible or liable for any act or omission of any third party or any losses, costs, damages or liabilities arising from any of the foregoing.

(v) TradeAway will send you an IRS 1099B each year and you agree to supply us with a current address at all times.

TradeAway shall have the right, but not the obligation, in its sole discretion to:

(i) restrict use of TradeCredits User receives for a transaction for a period of time after the completion of the transaction and thereafter pending resolution of any dispute regarding the transaction;

(ii) require escrow, vesting or other procedures before User can use TradeCredits stored in User's account;

(iii) offset or apply TradeCredits or other funds in User's account against any payment, line of credit or other obligation that User may have arising out of or relating to the Service, including an obligation to TradeAway, to other users or to advertisers, partners, suppliers and service providers of TradeAway (collectively, "Service Providers");

(iv) offset amounts due to TradeAway or Service Providers against amounts or liabilities owed to User, whether in cash or TradeCredits; and

(v) cancel, freeze and/or otherwise restrict User's account or the use of TradeCredits in User's account for breach of this Agreement, an investigation of User's account by a government or other authority or default by User upon any obligation to TradeAway or a Service Provider.

TradeAway may, at its discretion, by mail, email, postings within User's account or other reasonable means, provide User a statement detailing User's transactions and account balance. Thirty (30) days after the date of such statement, the statement shall be deemed accepted by User unless User has notified TradeAway by mail in writing to the address identified in Section 14.1 that User disputes the accuracy of the statement.

Unless otherwise expressly stated by TradeAway, all fees and payments to TradeAway and Service Providers shall be made in U.S. Dollars. Notwithstanding the foregoing, TradeAway shall have the right, but not the obligation, to accept TradeCredits in satisfaction of fees, in whole or in part, and to deduct corresponding amounts from User's account.