These Terms of Service ("Terms") apply to your access to and use of our website, mobile applications and other online products and services (collectively, the "Barter Mamas Services" or "Services") provided by Barter Mamas, LLC. ("Barter Mamas", "we" or "us"). PLEASE READ THESE TERMS CAREFULLY.

YOU ACKNOWLEDGE AND AGREE THAT THERE ARE RISKS ASSOCIATED WITH USING AN INTERNET-BASED MARKETPLACE AND INTERACTING WITH OTHER USERS IN PERSON AS OUTLINED IN SECTION 16.

BY ACCESSING OR USING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS IN THEIR ENTIRETY, DO NOT USE OUR SERVICES.

We may supply different or additional terms (including, but not limited to, the terms of social media services, third-party payment processors, and third-party fulfillment providers) in relation to some of our Services, and those different or additional terms become part of your agreement with us if you use those Services. If there is a conflict between these Terms and the additional terms, the additional terms will control for that conflict.

From time to time Barter Mamas introduces new features that may only be available to certain users. Provisions of these Terms of Service relating to new features may not apply to all users.

1. Privacy

For information about how we collect, use, share and otherwise process information about you, please see our Privacy Policy.

2. Eligibility

You must be at least 16 years of age to use our Services. If you are under 18 years of age (or the age of legal majority where you live), you may use our Services only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such user in relation to our Services.

If you are registering to use the Barter Mamas on behalf of a legal entity, you represent and warrant that: (a) such legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization, and (b) you are authorized by such legal entity to act on its behalf.

If you use our Services on behalf of another person or entity: (a) all references to "you" throughout these Terms will include that person or entity, (b) you represent that you are authorized to accept these Terms on that person's or entity's behalf, and (c) in the event you or the person or entity violates these Terms, the person or entity agrees to be responsible to us.

Additionally, in order to use the Services, you must not: (a) have previously been suspended or removed from using the Barter Mamas Service and (b) be violating any other agreement to which you are a party by agreeing to these Terms.

3. User Accounts and Account Security

You may need to register for a Barter Mamas account with Barter Mamas to access some or all of our Services. If you register for any account in connection with the Services, you must provide accurate account information and promptly update this information if it changes. You also must maintain the security and confidentiality of your login credentials, and promptly notify us if you discover or suspect that someone has accessed your account without your permission. Additionally, you may only register for a Barter Mamas account if you are legally permitted to, and do, live in the United States or one of its territories. We reserve the right to reclaim Barter Mamas account usernames, including on behalf of businesses or individuals that hold legal claim, including trademark rights, to those usernames.

4. The Barter Mamas Services

A. Subscription Packages for Posting Items

The Barter Mamas Services allow you to post items for sale by uploading pictures and providing item descriptions. Barter Mamas provides five (5) subscription packages to suit your listing needs in which you are allowed the following number of active posts per month for a subscription fee:

By subscribing to a package, you agree to pay the designated amount on the same calendar day every month prior to being able to post your items. Your subscription package will continue and automatically renew until terminated. You may upgrade your subscription package at any time to be able to post more items that month. By upgrading your subscription package, you agree to pay the difference in fee between the smaller package and the larger subscription package for the first month and the larger package fee subscription thereafter.

B. Cancellation or Downgrading of Subscription Package.

You may cancel or downgrade your subscription package at any time, but you will not be refunded the subscription fee for the month in which it is cancelled or downgraded. If you cancel your subscription package, then all your posts will be removed from the Barter Mamas Services thirty (30) days after your last subscription payment to Barter Mamas. If you downgrade your subscription package, then Barter Mamas Services will give you the choice on which excess posts, if any, you want to remain on the Barter Mamas Services thirty (30) days after your last subscription payment to Barter Mamas. If you do not choose, then Barter Mamas Services shall automatically remove your posts with the earliest refresh date until the subscription package post limit is reached.

C. Payment Method. To use the Barter Mamas Services as a seller you must provide us with one or more Payment Methods. "Payment Method" means a current, valid, accepted method of payment, as may be updated from time to time and which may include payment through your account with a third party. You must cancel your subscription package before it renews in order to avoid billing of the subscription fees for the next month to your Payment Method.

D. First Time Users Promotional Offer.

For a limited time, all first-time users who provide a Payment Method to Barter Mamas shall be entitled to a thirty (30) day free trial of Barter Mamas Services. You will be entitled to up to 500 active posts during the free trial period. Upon the expiration of the free trial period, Barter Mamas Services will give you the choice on which posts you want to remain on Barter Mamas Services in accordance with the subscription package you choose. If you do not choose a subscription package or cancel your account before the expiration of the free-trial period, then you agree to the minimum subscription package necessary to maintain your active posts at the time of the free-trial period’s expiration and Barter Mamas may bill your Payment Method accordingly.

E. Refreshing Posts

Barter Mamas Services allows you to refresh your posts so they appear at the top of listings on the home page at any time without any added fees or costs. To refresh a post, you must use the “My Listings” page to select the post(s) you desire to refresh, select “edit”, and then select “save”. Barter Mamas reserve the right to algorithmically arrange posts on each user’s homepage to optimize their experience using factors such as geographic location, item description, user preferences, and user macro data.

F. Buying and Selling

Barter Mamas Services allows users who wish only to buy posted items without any added fees or costs. When a buyer and seller agree on a price for an item posted for sale on the Barter Mamas Services, the items must be paid for outside of the Barter Mamas Services, such as by cash, check or other payment method agreed upon. Such payments are made directly between the buyer and the seller when they complete their transaction, pursuant to terms they determine. Barter Mamas is not a party to such transactions, does not facilitate such transactions, and cannot assist with refunds or returns related to such transactions in any manner.G

G. Taxes

You are responsible for any sales, use, duty, or other governmental taxes or fees due with respect to your purchase or sale through the Services.

H. Shipping

Barter Mamas permits sellers to post certain items as being available for shipping nationwide (within the contiguous United States).

Sellers who post items as being available for shipping nationwide must ship their items at their own costs according to the arrangements they made with the buyer. Seller may negotiate the cost of shipping into the agreed upon price for the item. Buyers who have requested items be shipped to them must negotiate the price of shipping into the agreed upon price for the item. 

Barter Mamas is not a party to transactions conducted between buyers and sellers, or to the shipping of items from sellers to buyers, and is not liable for any losses, damages, or delays related to shipping.

You may not ship any item that contains weapons, ammunition, explosives, living or infectious biological matter, human remains, pornography, alcohol, prescription drugs, illegal drugs, currency, dangerous goods, hazardous goods, or other goods that may not be shipped or mailed by law. Anyone who ships a prohibited, illegal, or improperly packaged or labeled material is subject to legal penalties such as civil penalties, fines and/or imprisonment, including but not limited to those specified in 18 U.S.C. § 1716 and 39 U.S.C. § 3018.

5. User Consent

Our Services allow you and other users to create, post, store and share content, including but not limited to messages, text, photos, graphics, videos, software, code, and other materials (collectively, "User Content"). Except for the license you grant below, you retain all rights in and to your User Content, as between you and Barter Mamas.

You grant Barter Mamas a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully paid, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your User Content and any name, username or likeness provided in connection with your User Content in all media formats and channels now known or later developed without compensation to you. The use of your or any other user's name, likeness, or identity in connection with the Barter Mamas does not imply any endorsement thereof unless explicitly stated otherwise. When you post or otherwise share User Content on or through our Services, you understand that your User Content and any associated information (such as your username or profile photo) may be visible to others. 

You may not create, post, store or share any User Content that violates these Terms or for which you do not have all the rights necessary to grant us the license described above. You represent and warrant that your User Content, and our use of such content as permitted by these Terms, will not violate any rights of or cause injury to any person or entity. You will not (and will not allow or authorize any third-party to) post, upload to, transmit, distribute, store, create, solicit, disclose, or otherwise publish through the Barter Mamas Services any User Content that:

Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent;

Is, in Barter Mamas judgment, disrespectful, inappropriate, or may expose Barter Mamas, our users or others to harm or liability;

May infringe the patent, trademark, trade secret, copyright, intellectual, privacy or proprietary right of any party;

Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;

Includes any statements or claims that do not reflect your honest views and experiences;

Contains any unsolicited marketing promotions, political campaigning, advertising, or solicitations;

Contains any private information of any third parties, including addresses, phone numbers and payment card information; or

Contain viruses, corrupted data or other harmful, disruptive, or destructive files.

Barter Mamas assumes no responsibility to actively monitor User Content and does not endorse any User Content. Although Barter Mamas has no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason with or without notice.

6. Prohibited Conduct

You will not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort while using our Services, and you are solely responsible for your conduct while using our Services. Without limiting the forgoing, you will not:

Use our Services other than for their intended purpose and in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services or any networks connected to our Services in any manner;

Engage in any harassing, threatening, intimidating, predatory or stalking conduct;

Sell, resell or commercially use the Barter Mamas Services except as expressly permitted by us;

Sell or offer for anything that violates our Prohibited Items Guidelines;

Send, distribute or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes;

Provide false, inaccurate or misleading information to Barter Mamas;

Impersonate or post on behalf of any person or entity or otherwise misrepresenting your affiliation with a person or entity;

Copy, reproduce, distribute, publicly perform or publicly display all or portions of our Services, including our underlying content and source code, except as expressly permitted by us or our licensors;

Modify our Services, remove any proprietary rights notices or markings, obscure or disable any advertisements that appear on or through the Services, or otherwise make any derivative works based upon our Services;

Reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services;

Develop or use any third-party applications that interact with the Barter Mamas Services without Barter Mamas prior written consent;

Use any type of automated means to utilize the Barter Mamas or to collect or extract data from Barter Mamas, such as a harvesting bot, robot, spider, script, crawler, or scraper, not provided by Barter Mamas; or

Use the Barter Mamas Services to infringe or violate the intellectual property rights or any other rights of anyone else (including Barter Mamas).

You will establish and use your Barter Mamas account only in accordance with any guidelines issued by Barter Mamas. Without limiting the forgoing, you will not:

Create more than one account;

Transfer your account to another user;

Attempt to obtain the password, account information, or other security information of another user; or

Attempt to use another user's account without authorization from that user and Barter Mamas.

If you engage in any of the conduct described above or similar conduct, Barter Mamas may suspend or terminate your right to access the Services. Enforcement of this Section 6 is solely at Barter Mamas' discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances. In addition, this Section 6 does not create any private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules.

7. Ownership; Limited License

The Services, including the text, graphics, images, photographs, videos, illustrations and other content contained therein, are owned by Barter Mamas or our licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Services are reserved by us or our licensors. Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license ("License") to access and use our Services.

8. Suspension; Termination

Barter Mamas may revoke or terminate your License to access or use the Barter Mamas Services for any reason without notice at Barter Mamas’ sole discretion. Without limiting the generality of the foregoing, we may revoke or terminate the License if you: (i) breach any obligation in these Terms or in any other agreement between you and us, (ii) violate any policy or guideline applicable to the Barter Mamas Services, or any other Barter Mamas product or service, or (iii) use the Barter Mamas Services other than as specifically authorized in these Terms, without our prior written permission. You will stop accessing or using the Barter Mamas Services immediately if Barter Mamas suspends or terminates your License to access or use the Barter Mamas Services. Barter Mamas reserves the right, but does not undertake any duty, to take appropriate legal action including the pursuit of civil, criminal, or injunctive redress against you for continuing to use the Barter Mamas Services during suspension or after termination. Barter Mamas may recover its reasonable attorneys' fees and court costs from you for such action. These Terms will remain enforceable against you while your License to access or use the Barter Mamas Services is suspended and after it is terminated.

9. Trademarks

Barter Mamas, bartermamas.com, and our logos, our product or service names, our slogans and the look and feel of the Services are trademarks of Barter Mamas and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Barter Mamas Services are the property of their respective owners. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.

10. Feedback

You may voluntarily post, submit or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials or other information about Barter Mamas or our Services (collectively, "Feedback"). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including, without limitation, to develop, copy, publish, or improve the Barter Mamas Services by using the Feedback in Barter Mamas’ sole discretion. You understand that Barter Mamas may treat Feedback as nonconfidential.

11. Copyright & Intellectual Property Complaints

You may report alleged intellectual property rights violations or counterfeit items to Barter Mamas through our Intellectual Property Report Form.

Furthermore, in accordance with the Digital Millennium Copyright Act and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, the accounts of users who repeatedly infringe the intellectual property rights of others. If you believe that anything on our Services infringes any copyright that you own or control, you may notify Barter Mamas’ designated agent as follows:

Designated Agent: Barter Mamas, LLC

Address: 3645 S Arlington Rd Ste E112, Akron, OH 44312

E-Mail Address: support@bartermamas.com

Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. Also, please note that if you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable to Barter Mamas for certain costs and damages.

13. Indemnification

To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless Barter Mamas and our subsidiaries and affiliates and our officers, directors, agents, partners and employees (individually and collectively, the "Barter Mamas ") from and against any losses, liabilities, claims, demands, damages, expenses or costs ("Claims") arising out of or related to (a) your access to or use of the Services; (b) your User Content or Feedback; (c) your violation of these Terms; (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with the Services.

14. Disclaimers

Your use of our Services is at your sole risk. Except as otherwise provided in a writing by us, our Services and any content therein are provided "as is" and "as available" without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, Barter Mamas does not represent or warrant that our Services are accurate, complete, reliable, current or error-free or that our Services are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Services.

15. Limitation of Liability

To the fullest extent permitted by applicable law, Barter Mamas will not be liable to you under any theory of liability—whether based in contract, tort, negligence, warranty, or otherwise—for any indirect, consequential, incidental, or special damages or lost profits, even if Barter Mamas have been advised of the possibility of such damages.

The total liability of Barter Mamas for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to the greater of $250 or the amount paid by you to Barter Mamas in the 12 months preceding the event that gave rise to the claim.

The limitations set forth in this Section 15 will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of Barter Mamas for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

16. Assumption of Risk

A. YOU ACKNOWLEDGE AND AGREE THAT THERE ARE RISKS ASSOCIATED WITH UTILIZING AN INTERNET-BASED MARKETPLACE AND INTERACTING WITH OTHER USERS IN PERSON. WE DO NOT INVESTIGATE OR VERIFY ANY USER'S REPUTATION, CONDUCT, MORALITY, CRIMINAL BACKGROUND, OR ANY INFORMATION USERS MAY SUBMIT TO THE SERVICES. YOU ARE SOLELY RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS WHEN INTERACTING WITH OTHER USERS, PARTICULARLY WHEN MEETING A STRANGER IN PERSON FOR THE FIRST TIME. IT IS POSSIBLE THAT OTHER USERS MAY ATTEMPT TO PHYSICALLY HARM OR DEFRAUD YOU OR OBTAIN INFORMATION FROM YOU FOR FRAUDULENT PURPOSES. YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISKS RELATED TO, SELLING AND BUYING THROUGH BARTER MAMAS SERVICES (INCLUDING ALL ONLINE AND OFFLINE INTERACTIONS WITH OTHER USERS).

B. COMMUNITY MEETUP SPOTS. COMMUNITY MEETUP SPOTS ARE LOCATIONS IN WHICH A THIRD PARTY (SUCH AS A POLICE DEPARTMENT OR LOCAL STORE) HAS AGREED TO POST A COMMUNITY MEETUP SPOT SIGN. WE ENCOURAGE THIRD PARTIES TO PLACE COMMUNITY MEETUP SPOTS IN WELL-LIT LOCATIONS, WITH SURVEILLANCE AND IN GENERALLY WELL-TRAFFICKED AREAS; HOWEVER, OFFERUP DOES NOT INDEPENDENTLY VERIFY THE CONDITIONS AT ANY COMMUNITY MEETUP SPOT, DOES NOT MONITOR COMMUNITY MEETUP SPOTS AND DOES NOT WARRANT THEIR SAFETY OR CONDITION. YOUR USAGE OF COMMUNITY MEETUP SPOTS, AND ANY DISPUTE ARISING OUT OF THAT USAGE, INCLUDING AGAINST ANY THIRD PARTY POSTING A COMMUNITY MEETUP SPOT SIGN.

17. Release

To the fullest extent permitted by applicable law, you release Barter Mamas from responsibility, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. If you are a consumer who resides in California, you hereby waive your rights under California Civil Code § 1542, which provides: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."

18. Transfer and Processing Data

In order for us to provide our Services, you agree that we may process, transfer and store information about you in the United States and other countries, where you may not have the same rights and protections as you do under local law.

19. Guidelines for Law Enforcement Agency

If you are a law enforcement agency, we may work with you to assist in on-going matters related to alleged violations of the law, please visit this page for more information.

21. Dispute Resolution

No Representative Actions. You and Barter Mamas agree that any dispute arising out of or related to these Terms or our Services is personal to you and Barter Mamas, and that any dispute will be resolved solely through individual action, and will not be brought as a class action or any other type of representative proceeding.

Any dispute arising from these Terms and your use of the Services will be governed by and construed and enforced in accordance with the laws of Ohio, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of Ohio or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that cannot be heard in small claims court will be resolved in the state or federal courts of Ohio and the United States, respectively, sitting in Summit County, Ohio.

22. Modifying and Terminating our Services

We reserve the right to modify our Services or to suspend or stop providing all or portions of our Services at any time. You also have the right to stop using our Services at any time. We are not responsible for any loss or harm related to your inability to access or use our Services.

23. Miscellaneous

If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.