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Please carefully read and take time to understand the TRADE RULES below. At the end of the rules you will be prompted to click on the "I ACCEPT" button. This will take you to the online Application Form. You will not be obligated contractually until you click the final "I Agree - Submit Application" button at the bottom of that form. If you wish a printed copy of these rules, simply click the print icon on your browser.

Equity Trade Exchange Trade Rules and Procedures

Membership

Equity Trade Exchange is open to businesses in the United States. The owner must be 18 years of age or the age of majority in the State in which he resides whichever is the later. Use of Equity Trade Exchange by members is subject to the Equity Trade Exchange Trade Rules and Procedures (Trade Rules) as well as any policies posted by Equity Trade Exchange. If there is a conflict between the Trade Rules and any policies posted on Equity Trade Exchange, the Trade Rules will govern.

Code of Conduct

As a member of Equity Trade Exchange User will conduct himself/herself in an honest, professional manner at all times. As a Seller, User shall price their goods or services at the prevailing market price and shall describe them in an accurate manner. User will always charge 100% trade unless the transaction falls within the following exceptions.

User may charge part cash if the total transaction is over $5,000. In such event the first $5000 must be trade and User may negotiate with the buyer for part cash for the amount over $5000. The only other exception is third party transactions. If there are filing fees, sales tax, shipping, etc. paid to a third party then User may ask for cash to pay these fees. The actual cost must be passed through without markup. Tips and gratuities are always paid in cash. User will make every effort to deliver their goods or services in a timely manner, and if it is not possible to deliver will contact the buyer immediately so as to avoid a dispute. As a buyer, User will not ask for or expect any discount or special prices. User understands that trade is an adjunct to cash sales and no seller is obligated to turn away cash business to trade.

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Fees

Set up fee: Equity Trade Exchange charges a one time setup fee of US$ 495.00 payable by check, certified funds, money order or credit card. This fee is non-refundable.

Monthly membership fees: Equity Trade Exchange charges monthly membership fees of $10 cash and $10 trade each month until you elect not to be a member by sending notification to Equity Trade Exchange in writing that you are resigning. Notification may be by emailed to info@equitytradeexchange.com, or faxed to 727-532-0276, or mailed to 11691 69th Way N., Largo, Florida 33773 USA. In the event that you have a positive trade balance in your account, you must prepay the fees on those credits at the time of resignation. In the event you have a negative trade balance in your account, then you must balance your account within 30 days by taking sufficient trade to bring your account to zero. If you fail to repay any trade dollar loan made to you then it is due in cash. Monthly cash and trade fees are due until the account is settled in the manner described above.

Transaction fees: Equity Trade Exchange charges a transaction fee to your credit card or checking account and you are billed between the 1st and the 10th day of the month for these charges. If funds are not available, there will be a $20 Cash late fee charged to the account. If funds are not available twice then the account will be made inactive and will be required to prepay, to keep their account active $250 Cash to Equity Trade Exchange from which monthly Cash fees will be deducted until the remaining Cash balance is $50. At that time, Client must pre-pay $200 Cash to keep the account active. Clients choosing this method of payment will NOT be eligible for volume discounts on transaction fees or be eligible for co-op reimbursement. Client may elect to give Equity Trade Exchange another credit card or checking account and go back on autopay. If the second credit card or checking account does not have sufficient funds then the client will go to prepay for a period of one year.

A 6% transaction fee will be charged on each transaction to both the buyer and the seller.

Surcharges: In the event a client elects to purchase goods or services from a reciprocal account and that reciprocal account charges a cash fee, the client hereby agrees to pay that fee in addition to any fees charged by Equity Trade Exchange.

Credit Lines

In the event buyer wishes to make a purchase and does not have sufficient funds in their account to make said purchase, Buyer may apply to Equity Trade Exchange for a credit line. Buyer hereby agrees to pay said credit line back prior to terminating membership. At termination, any unpaid Credit Line in buyer's account will be charged in cash and must be paid immediately. Secured loans may be made with a credit application and extended terms.

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Taxes

Barter Sales are treated as income, but barter purchases are often deductible if they are reasonable business expenses. Please consult your tax advisor for more information

Equity Trade Exchange must collect and report your sales activity to both you and the US Internal Revenue Service for tax reporting purposes. Equity Trade Exchange is treated as a third party record keeper by the IRS Code. For this reason it is necessary to have a completed IRS Form W-9, Request for Taxpayer Identification Number and Certification on file for each client. At the end of the calendar year we will send to you and the IRS a form 1099-B which states your income from barter sales on Equity Trade Exchange.

User agrees that if Equity Trade Exchange is provided with a false or incorrect Federal Tax Identification Number, other tax information, or signature of user, user may be liable for perjury or other offense in accordance with federal law, fraud, or misrepresentation, and Equity Trade Exchange has the right to immediately suspend users account.

Equity Trade Exchange Only a Venue

Equity Trade Exchange acts as a venue to facilitate the listing of goods and services by sellers and purchasing of such goods and services by buyers. User acknowledges and agrees that User’s purchases and sales of goods and services on Equity Trade Exchange are transactions with the respective seller and buyer of the goods and services and not with Equity Trade Exchange. We are not the buyer or seller in transactions on the site unless explicitly designated as such.

Equity Trade Exchange shall not be responsible for, and does not control the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of the sellers to sell items or the ability of buyers to buy items. Equity Trade Exchange shall not be responsible for, and does not control, whether or not sellers will complete the sale of items they offer or whether buyers will complete the purchase of items they have agreed to purchase.

Equity Trade Exchange Inc. is a trading company that manages the service and exchange Equity Trade Exchange and also acts as a third party record keeper and administers the clearinghouse functions of the exchange for its members. Equity Trade Exchange may, in its sole and absolute discretion, contract with others to provide all or part of such record keeping and administrative services.

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Disputes

Equity Trade Exchange is not a party to, and shall not be involved in or responsible for, transactions, agreements and /or disputes between users or between User and any advertiser on the Site. In the event of a Dispute, User agrees to release, and does hereby release, Equity Trade Exchange (and its agents, contractors, 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 dispute.

Equity Trade Exchange shall have the right, but not the obligation, to place Trade Dollars or other items involved in a disputed transaction into a restricted account maintained by Equity Trade Exchange which may be released on mutual consent of the parties to the transaction, on conditions to which they mutually agree, upon order of a court of competent jurisdiction, or an arbitrator. Any such restricted or escrow account shall not bear interest.

Trade Dollars and Accounts

Equity Trade Exchange is not a bank. Accounts are not FDIC insured. It is understood that non-cash barter currency issued by Equity Trade Exchange ("Trade Dollars") and/or other funds may be required in order to buy and sell on the Exchange. Users and Equity Trade Exchange acknowledge and agree that Trade Dollars are not bank deposits, legal tender, securities or commodities, and may not be redeemed for cash. In no event, shall Equity Trade Exchange be required to refund, redeem, or pay any amounts to User for any Trade Dollars, or allow conversion or liquidation of Trade Dollars. Equity Trade Exchange may at its sole discretion allow User to purchase or sell Trade Dollars using U.S. Dollars or other currency approved by Equity Trade Exchange

When user requests to purchase an item, Trade Dollars may be immediately deducted from User’s account as required for the transaction. When User sells an item, Trade Dollars may be passed to User’s account subject to restrictions during an escrow period. Without limiting the foregoing, Equity Trade Exchange reserves the right to restrict use of such Trade Dollars until buyer authorizes Equity Trade Exchange to release Trade Dollars to seller or by buyer properly completing and signs a Equity Trade Exchange trade draft that seller obtains an authorization number for through Equity Trade Exchange and a copy of the draft is faxed or mailed to Equity Trade Exchange’s office.

User grants Equity Trade Exchange the right to make Trade Dollar loans on behalf of the exchange to any member on terms and conditions consistent with member’s credit worthiness and or ability to repay. User understands that Trade Dollar credit is extended by the exchange members collectively and not by Equity Trade Exchange. User acknowledges and grants to Equity Trade Exchange the right and power to regulate and control the number of trade dollars within the Exchange and to borrow trade dollars from the exchange for its own account.

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User Responsibilities

Fees and payment. Equity Trade Exchange reserves the right to establish and charge fees for any new or modified services and to change its fees at any time for any reason. Such fees will be posted on the Exchange and User will have 30 days notice of the coming change of fees and the opportunity to convert to a spend down account under the old fees. The sale of any item by User after the fees have been changed constitutes an acceptance of the new fees. If User’s check is returned by the bank due to insufficient funds, Equity Trade Exchange may charge User a service charge of Twenty Dollars ($20) or the maximum amount permitted by law in addition to any other remedies allowed by law. User hereby authorizes Equity Trade Exchange to charge the service charge as well as the face amount of the check to User’s credit card. Any fees or payments that are not paid when due shall bear interest to the extent permitted by applicable law. User shall also be liable for all attorney and collection fees arising from or related to efforts to collect any unpaid balances on User’s account. This section shall in no way limit any other remedies available to Equity Trade Exchange.

Refunds

Unless otherwise expressly stated by Equity Trade Exchange in writing, all payments to Equity Trade Exchange shall be non-refundable. Dissatisfaction with any transaction, failure to complete a transaction, or any other disputes regarding transactions shall not entitle User to a refund of any fees paid to Equity Trade Exchange.

Compliance with Laws

User and not Equity Trade Exchange shall be responsible for compliance with all laws, regulations and ordinances connected with the User’s listing, buying and selling and other use of the Exchange. User shall not list, sell, or buy items that are illegal using the Exchange. User must provide all required and appropriate warnings, information and disclosure, comply with all applicable laws and regulations, and take all other required and appropriate actions in connection with the User’s listing, buying or selling goods or services on the Exchange.

User represents and warrants that User is a resident of the U.S. and that the business is duly authorized to do business in the U.S., that User has not been identified as a person or entity with which U.S. persons may not conduct business, that User will not buy or sell goods or services that my not be lawfully offered for sale or purchased in the United States, and that User will not export from the United States any good, service or technology in violation of U.S. law.

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No Circumvention

User agrees not to conclude a transaction with another User within the Exchange, directly without recording the transaction. A buyer and seller who conclude a transaction outside of the Exchange shall each be liable to Equity Trade Exchange for all transaction fees and commissions avoided and shall be subject to additional sanctions, including termination of User’s account and access to the Exchange.

User shall not engage in any of the following, or any other, practices for the purpose of avoiding or reducing commissions or other fees:

  • Direct trades with other members without using the Exchange.
  • Passing trade drafts among members without properly completing the seller’s name and getting an authorization number.
  • Asking part cash and part trade for goods or services unless such falls within the appropriate guidelines.

Cancellation/Closing/Suspending an Account

Cancellation of or closing of or suspending any account must be in writing, signed by the account owner/principal, and mailed to Equity Trade Exchange in writing that you are resigning. Notification may be by emailed to info@equitytradeexchange.com, or faxed to 727-532-0276, or mailed to 11691 69th Way N., Largo, Florida 33773 USA. In the event that you have a positive trade balance in your account, you must prepay the fees on those credits at the time of resignation. In the event you have a negative trade balance in your account, then you must balance your account within 30 days by taking sufficient trade to bring your account to zero. If you fail to repay any trade dollar loan made to you then it is due in cash. Monthly cash and trade fees are due until the account is settled in the manner described above

Modification of Agreement

Equity Trade Exchange shall have the right, at its sole discretion, to change, modify, add or remove any portion of this Agreement, including fees and transaction rules, in whole or in part, at any time by posting notification on the Exchange. The changes will become effective, and shall be deemed accepted by User, after initial posting by Equity Trade Exchange and shall apply on a going –forward basis with respect to transaction, listing and other activities commenced thereafter. In the event that User does not agree with any such modifications, User shall notify Equity Trade Exchange and immediately go on a spend down basis. Any sale by such User shall be deemed to be an acceptance by the User of the new Rules and such Rules shall then apply to the User.

Jurisdiction

This agreement shall be governed by and construed in accordance with the laws of the State of Florida, USA.

No Waive

The failure of Equity Trade Exchange to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision.

Severability

If any provision of this Agreement is held to be unenforceable, such provision shall e reformed only to the extent necessary to make it enforceable. In any event, the remaining provisions shall be enforced.

Fax Signatures

Equity Trade Exchange will and User agrees that Equity Trade Exchange may accept a faxed signature as an original, legal signature.

Entire Agreement.

This Agreement constitutes the entire agreement between Equity Trade Exchange and User with respect to User’s use of the Exchange.

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By clicking on the "I ACCEPT" button below you are agreeing to this contract just the same as signing an original document with your legal signature. You also certify, under the penalty of perjury, that you are the legal age, as described in the Trade Rules, in the state of legal jurisdiction from which you are using this site.

I ACCEPT
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