Legal

1. Acceptance of Terms

By using Barter & Sell ("the Platform"), you agree to these Terms of Service. If you do not agree, do not use the Platform.

2. Platform Role

Barter & Sell is a peer-to-peer marketplace. We do not buy, sell, or own any items listed on the Platform. We are not a party to any transaction between users. We merely provide the technology to connect buyers, sellers, and traders.

3. User Responsibilities

You are solely responsible for all items you list, offers you make, and transactions you complete. You agree to:

• List only items you own and have the right to sell or trade
• Accurately describe items including condition, defects, and known issues
• Honor accepted offers and commitments made through the Platform
• Meet in safe, public locations when exchanging items in person
• Not engage in fraud, misrepresentation, or illegal activity

4. Services & Skills Listings

Users may list services and skills (e.g. plumbing, tutoring, design, coding, repairs) for barter or cash exchange. By engaging with a service or skill listing, you acknowledge and agree:

• Barter & Sell does not verify, screen, license, certify, or endorse any user's qualifications, credentials, experience, or fitness to perform any service.
• It is solely your responsibility to independently verify that a service provider is appropriately qualified, licensed, or certified before engaging with them.
• Any service arrangement is strictly between the two parties. Barter & Sell is not a party to the arrangement and accepts no liability for the quality, safety, outcome, or any damages arising from services or skills exchanged through the Platform.
• You agree to hold Barter & Sell harmless from any claims, losses, damages, or expenses resulting from service-based exchanges.

5. Prohibited Items & Services

The following items and services are strictly prohibited on the Platform:

• Weapons — including firearms, ammunition, knives intended as weapons, and any other offensive weapons
• Livestock & animals — including live animals, pets, or any living creatures
• Illegal substances — drugs, controlled substances, or drug paraphernalia
• Counterfeit goods — fake, replica, or unauthorized brand items
• Stolen property — any item you do not lawfully own or have the right to sell or trade
• Alcohol & tobacco — including vaping products and cannabis (even where locally legal)
• Hazardous materials — chemicals, explosives, or any items dangerous to transport or handle
• Adult content or services — sexually explicit material or services of any kind
• Any item or service prohibited by applicable federal, state, or local law

Services that require a professional license (e.g. medical, legal, financial advice) may only be listed by appropriately licensed individuals and must clearly state their credentials. The Platform is not responsible for verifying such claims. Violations may result in immediate account termination and reporting to relevant authorities.

6. Fees

Pure barter trades are free. A 5% platform fee applies to cash deals, charged to the buyer. Premium membership is $4.99/month, billed monthly, and can be cancelled at any time.

7. Disputes

We provide a voluntary dispute resolution process. We are not obligated to resolve disputes and our decisions are final where we choose to mediate. We are not liable for losses arising from transactions between users.

8. Disclaimer of Warranties

The Platform is provided "as is" without warranties of any kind. We do not guarantee the accuracy of listings, the quality of items, or the conduct of users. Use the Platform at your own risk.

9. Limitation of Liability

To the maximum extent permitted by law, Barter & Sell shall not be liable for any indirect, incidental, special, or consequential damages arising from your use of the Platform, including losses from trades, scams, or item misrepresentation.

10. Termination

We reserve the right to suspend or terminate accounts that violate these Terms, at our sole discretion.

11. Tax Obligations

Barter & Sell does not collect, withhold, or remit taxes on any transaction. Under U.S. federal law (IRS Publication 525), barter income is taxable. The fair market value (FMV) of goods or services you receive in a barter exchange must be reported as income on your federal tax return in the year received.

• You are solely responsible for tracking the FMV of all items and services you receive through the Platform.
• You are solely responsible for reporting barter income to the IRS and any applicable state or local tax authority.
• Cash transactions may also trigger reporting obligations (e.g. Form 1099-K thresholds). Consult a qualified tax advisor for guidance specific to your situation.
• Barter & Sell is not a Barter Exchange organization as defined by IRS Section 6045(c) and is not required to issue Form 1099-B. However, you remain obligated to self-report barter income regardless.

We provide FMV estimates as a convenience tool only. These estimates are not tax advice and do not constitute a formal appraisal. Always consult a licensed tax professional for advice on your specific tax situation.

12. Changes to Terms

We may update these Terms at any time. Continued use of the Platform after changes constitutes acceptance of the new Terms.