help & information

End User Terms of Service

This Agreement describes the terms and conditions applicable to the use of matchbin Inc websites, MyAdSource websites or our affiliated partners, community marketplaces, storefront and servicefront websites. If you do not agree to be bound by these terms and conditions, please do not use or access our services.

You must read, agree with and accept all of the terms and conditions of this Agreement before registering as a user of the matchbin network and affiliated partner websites. By accepting this Agreement, you also agree that your use of other affiliated websites will be governed by the terms and conditions posted on those websites.

The Company may amend this Agreement at any time by posting amended terms on the corporate websites or affiliated partner websites. All amended terms shall automatically become effective immediately after they are posted. This agreement may not be amended except in writing and signed by you and Matchbin Inc.

1. Users.

Matchbin services are available only to individuals who can form legally binding contracts under applicable law. Our services are not available to minors; however, minors may use the service in conjunction with a parent or guardian. If you do not qualify under these stipulations, do not use our services. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement. Your user ID and password cannot be transferred or sold to another party.

2. Services and Fees.

Registering and purchasing items or services listed on Company websites or affiliated partner websites is free; however, a fee may apply should you desire to upgrade your listings or purchase Company products on the website. You may upgrade your listing package at any time. In the event that the Company changes or introduces a new product or service, the fees for that product or service are effective at the time it is introduced on the Company websites or affiliated partner websites. We reserve the right to change our fees and/or services from time to time. Such changes will become effective when we post them on the corporate websites or affiliated partner websites. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees associated with our service, including all applicable taxes.

3. Venue Status.
  1. Matchbin is neither an auctioneer nor a Barter Exchange. Matchbin Inc. and its affiliated partner , community marketplaces, storefront and servicefront websites provide a venue for members to advertise products and services and in return, Matchbin technology will match member “haves” with “wants”. Along with our matching technology, members decide their best method of trade, whether it be fixed price, negotiable price, or any other combination. Our technology then matches buyers and sellers or “those who have to those who want”. Once matches are made, members may negotiate on their own (without the knowledge of matchbin or affiliated “powered by Matchbin” websites). As a result, we have no control over the legality, quality, or safety of the items and services listed or advertised; the truth or accuracy of the listings, the ability of sellers to sell goods and services or the ability of buyers to purchase goods and services. Matchbin is not a participant in any type of transaction and cannot ensure that a buyer and seller will complete an actual transaction.
  2. Fixed Price Marketplace. Members may offer or purchase items or services at a fixed price.
  3. Barter Marketplace. Members may choose to barter with one another. However, because Matchbin or its affiliated websites have no knowledge of transactions between members, it is the responsibility of members to report any barter transactions on their tax returns.
  4. Variable price Marketplace. Members may offer and/or accept a combination of cash, services, and other cash equivalents. The choice for payment is between buyer and seller.
  5. Identity Verification. Matchbin collects data on the identity of each member when they register on site. However, because user verification on the Internet is difficult, Matchbin cannot and does not confirm each user’s or members purported identity. We have established a user-initiated feedback system to help you evaluate with whom you are dealing. Our technology allows you to deal directly with the buyer and/or seller. We strongly promote this communication between buyer and seller. You may also wish to use the services of a third party escrow service or services that provide additional user verification.
  6. Release. Because Matchbin and its affiliated “powered by Matchbin” websites are a venue, in the event that you have a dispute with one or more users, you release Matchbin and its affiliated websites (and our officers, directors, agents, subsidiaries, joint ventures 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.”
  7. Information Control. We do not control the information provided by our members and users that is made available on our system. You may find some information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using our website or our affiliated “powered by Matchbin” websites. Please note that there may be risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks dealing with international trade foreign nationals.
4. Buying.

As a buyer, you are obligated to complete the transaction with the seller:

  • If you purchase an item at a fixed price; or
  • Your offer of a variable price is accepted by the seller.

5. Listing and Selling.
  1. Listing Description. You must be legally able to sell the item(s) you list for sale. You must describe your item and all terms of sale as you list them on the “Haves” page of your membership site. Listings should include text descriptions, graphics, photos and other content relevant to the sale of the item. Items should be listed in appropriate categories (up to 10 category listings are allowed per item).
  2. Binding Offers. If you receive at least one offer at or above your stated asking price or terms of sale, you are obligated as the seller to complete the transaction with the buyer, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of your listing (such as payment method), or (b) you cannot authenticate the buyer’s identity.
  3. Fraud. Without limiting any other remedies, Matchbin may suspend or terminate your membership if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with our site or our affiliated “powered by Matchbin” websites.
  4. Copyright, Trademark Infringements. It is prohibited that any member should list items or services that infringe upon the copyright, trademark or other rights of third parties. Additionally, it is prohibited by any member who purchases a Matchbin Community Marketplace™, Matchbin StoreFront™ or Matchbin ServiceFront™, to use in any way on their “powered by Matchbin” website such trademarks, copyrighted or other registered marks from any third party.
  5. Offer Manipulation. It is prohibited for any member, buyer or seller to manipulate the price of any item or service. It is also prohibited to interfere with the listings or transactions of other members or users.
6. Bartering.

In compliance with Section §6045 of the Internal Revenue Code, neither Matchbin nor its affiliated partners are a Barter Exchange. As indicated in section 3.1 and 3.3, we are an advertising and matching venue for members and have no knowledge of member transactions. It is the responsibility of each member who desires to barter with another member to report any such transaction(s) to the Internal Revenue Service (unless the fair market value of the property or service received is less than $1.00) on their tax returns.

7. Member Information.
  1. Definition. Member information is defined as any information you (the member) provide to be used in the registration process, in any public message area (Including the forum and feedback area), in any “powered by Matchbin” website product where you have provided the content or through any email feature. You are solely responsible for the information you give us or other members.
  2. Restricted Activities. Your personal information; any products or services listed; any site information posted and/or your activities on either the Matchbin website or any affiliated “powered by Matchbin” website, shall not: (a) be false, inaccurate or misleading; (b) be fraudulent or involve the sale of counterfeit or stolen items; (c) INFRINGE ANY THIRD PARTY’S COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET OR OTHER PROPRIETARY RIGHTS OR RIGHTS OF PUBLICITY OR PRIVACY; (d) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) be obscene or contain child pornography or, if otherwise adult in nature or harmful to minors, shall NOT be posted until such time as we have implemented a Mature Audience Section on the trade platform where it can be distributed only to people legally permitted to receive such content; (g) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and (i) link directly or indirectly to or include descriptions of goods or services that (aa) are prohibited under this Agreement; (bb) you do not have a right to link to or include. Furthermore, you may not list any product or service on the site that could cause us to violate any applicable law, statute, ordinance or regulation.
  3. License. By accepting this Agreement, you consent that Matchbin may use the information you have given us, so that we are not violating any rights you might have in that information, to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right to exercise the copyright, publicity, and database rights (but to no other rights) you have in your information, in any media now known or not currently known, with respect to our information.
8. Accesses and Interference.

The Matchbin website and our affiliated websites contain robot exclusion headers and you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to bypass our robot exclusion headers, or to interfere or attempt to interfere with the proper working of the Matchbin website or any of our partner websites or any activities conducted on such sites. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our site and our partner‘s site are updated on a real time basis and is proprietary or is licensed to Matchbin Inc by our users or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for your information) from our website or our partner websites without the prior expressed written permission of Matchbin, our affiliated websites or the appropriate third party.

9. Member Feedback.

You agree not to take any actions that may interfere with the integrity of the feedback system. Member feedback must not be manipulated for one’s own purposes or given falsely to benefit another member. Feedback comments and ratings are not designed for any other purpose than to help members as they negotiate trade between themselves. You may not import feedback from other websites nor export feedback to other websites outside of the Matchbin trade network.

10. Spam.

“Spam” or “Spamming” is a derisive term referring to broadcasting of unsolicited junk email. Matchbin prohibits members from spamming and other unethical marketing practices. The following are examples that may violate the terms of this Agreement:

  • Manipulating identifiers, such as email headers, to disguise the origin of any content transmitted to or through Matchbin computer systems.
  • Relaying email from a third party's mail servers without the permission of that third party.
  • Using or causing to be used Matchbin computer systems to facilitate the transmission of unsolicited or unauthorized material. This includes any promotional materials, URLs, "junk mail," "chain letters," "pyramid schemes," or any other form of unauthorized solicitation that you may upload, post, email, transmit, or otherwise make available.
  • Using "robots" or otherwise harvesting other's email addresses from the Matchbin or partner sites for purposes of sending unsolicited or unauthorized material.
  • Uploading, posting, emailing, or transmitting the same message, URL, or post multiple times.
  • Disrupting the normal flow of dialogue, or causing the screen to "scroll" faster than other users of the service are able to type, or otherwise acting in a manner that negatively affects other users' ability to engage in real-time exchanges.

Violations of our Terms and Conditions or this Universal Spam Policy may result in legal action against you and the termination, without notice, of your Matchbin ID and/or anything affiliated with it, including, but not limited to, haves and wants lists, Buddybin™, posts, home pages, and profiles. Nothing in this policy is intended to grant any right to transmit email to or through Matchbin computer systems. Matchbin does not waive y rights by the failure to enforce this policy in every instance in which it might apply.

11. Breach.

Without limiting any other remedies, we may immediately remove your listings, warn our partners and affiliated “powered by Matchbin” and MyAdSource websites of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you if: (a) you breach this Agreement; (b) we are unable to verify or authenticate any information you provide to us; (c) we believe that your actions may cause financial loss or legal liability for you, our users, members or us.

12. Privacy.

Matchbin Inc. does not sell or rent your personal information to third parties for marketing purposes without your consent and we use your information as described in the Privacy Policy. Matchbin stores your personal information on computers located in the United States that are protected by both physical and technological security. We understand that you and your personal information is an important asset. We may use third parties to verify your information. If you object to your information being transferred or used in this way, please do not use our services.

13. No Warranty.

MATCHBIN INC., OUR PARTNERS, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR WEBSITE, SERVICES AND PARTNER WEBSITES AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. MATCHBIN, OUR PARTNERS, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warrant gives you specific legal rights and you may also have other legal rights that vary from state to state.

14. Liability Limit.

IN NO EVENT SHALL MATCHBIN INC, OUR PARTNERS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR PARTNER SITES, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).

OUR LIABILITY, AND THE LIABILITY OF OUR PARTNERS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE AMOUNT OF THE MONTHLY OR ANNUAL MEMBERSHIP FEE YOU PAY TO US.

15. Indemnity.

You agree to indemnify and hold us and our subsidiaries, partners, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.

16. Legal Compliance.

You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bartering, bidding, listing, purchases, solicitation of offers to purchase, and sale of items.

17. Contractor Status.

You, Matchbin Inc and our “powered by Matchbin” website partners are independent contractors, and no agency, partnership, joint venture, employer–employee or franchiser-franchisee relationship is intended or created by this Agreement.

18. Notices.

Except as explicitly stated otherwise, any notices shall be given by postal mail to Matchbin Inc., Attn: Legal Department 3710 W. 2100 S., Salt Lake City, UT 84120 (in the case of Matchbin Inc.) or to the email address you provide Matchbin or your Partner tradesite during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternately, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Matchbin during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.

19. Arbitration.

All disputes and claims relating to Matchbin, this Agreement, our services, or any other claims or causes of action relating to the performance of either an independent Partner or Affiliate shall be settled totally and finally by arbitration in Salt Lake City, Utah, or such other location as Matchbin prescribes, in accordance with the Federal Arbitration Act and the Commercial Arbitration Rules of the American Arbitration Association, except that all parties shall be entitled to all discovery rights allowed under the Federal Rules of Civil Procedure. 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 Federal Arbitration Act shall govern all issues related to arbitration. The decision of the arbitrator shall be final and binding on the parties and may, if necessary, be reduced to a judgment in any court of competent jurisdiction. This agreement to arbitrate shall survive any termination or expiration. Each party to the arbitration shall be responsible for its own costs and expenses of arbitration, including legal and filing fees of the Agreement. Should either party file an action contrary to this provision, the other party may recover attorney’s fees and costs up to $1000.00. Nothing in this Agreement shall prevent Matchbin from applying to and obtaining from any court having jurisdiction a writ of attachment, a temporary injunction, preliminary injunction, permanent injunction or other relief available to safeguard and protect Matchbins’ interest prior to, during or following the filing of any arbitration or other proceeding or pending the rendition of a decision or award in connection with any arbitration or other proceeding.

20. Additional Terms.

The following policies are incorporated into this Agreement by reference and provide additional terms and conditions related to specific services offered on our site and partner sites:

Privacy Policy: http://matchbin.com/Pages/General/PrivacyPolicy.html?1

Each of these policies may be changed from time to time and are effective immediately after we post the changes to our site or our partner sites, except for the Privacy Policy for which we will provide you with thirty days prior notice. In addition, when using particular services on our site, or our partner sites, you agree that you are subject to any posted policies or rules applicable to services you use through our site, which may be posted from time to time. All such posted policies or rules are hereby incorporated by reference into this Agreement.

21. General.

This Agreement shall be governed in all respects by the laws of the State of Utah as such laws are applied to agreements entered into and to be performed entirely within Utah between Utah residents. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our site or partner sites may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision of this Agreement shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by Matchbin Inc., in our sole discretion, to a third party in the event of a merger or acquisition. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breached. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. Sections 2 (Services and Fees), 3.6 (Release), 7.3 (License), 8 (Access and Interference), 14 (Liability Limit), 15 (Indemnity) and 19 (Arbitration) shall survive any termination or expiration of this Agreement.

22. Disclosures.

The services in this Agreement are offered by Matchbin Inc., located at 3710 West 2100 South, Salt Lake City, Utah 84120.

Disputes between you and Matchbin or our “powered by Matchbin” websites should be reported to Technical Support at support@matchbin.com. We also encourage you to report all user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity.