TERMS
1.0 The designation THE BIOFEEDBACK NETWORK shall herein be referred to as the Network.
1.1 The designation THE BIOFEEDBACK NETWORK MEMBER or member, shall herein refer to a member of The Biofeedback Network.
PURPOSE
2.0 These Regulations, Policies and Procedures of The Biofeedback Network explain and define the rights and responsibilities of THE BIOFEEDBACK NETWORK and its Members. The purpose of these Regulations is to enable and facilitate fair trading among and between THE BIOFEEDBACK NETWORK Members by fostering a system of good business practices and promoting an understanding of the way in which The Biofeedback Network provides you with Services and the way in which You must conduct transactions and other business with other THE BIOFEEDBACK NETWORK Members.
AUTHORITY
3.0 The THE BIOFEEDBACK NETWORK Member represents and warrants that:
3.1 The BIOFEEDBACK NETWORK Member has the power, authority and capacity to enter into the THE BIOFEEDBACK NETWORK Member Agreement and to bind such Member to the terms, conditions and obligations set forth therein and herein; THE BIOFEEDBACK NETWORK Service is only available to people who are legally able to form binding contracts with you and the seller/buyer of an auction or classified item. If you do not meet these requirements, you are not eligible to use these THE BIOFEEDBACK NETWORK services
3.2 THE BIOFEEDBACK NETWORK Member has read, completed, executed and delivered a THE BIOFEEDBACK NETWORK Member Agreement;
3.3 The information provided by the THE BIOFEEDBACK NETWORK Member on the THE BIOFEEDBACK NETWORK Member Agreement is true, accurate and correct and properly describes the THE BIOFEEDBACK NETWORK Member and his/her business;
3.4 THE BIOFEEDBACK NETWORK Member has carefully read, understands and accepts these Regulations and the terms, conditions and obligations set forth in the THE BIOFEEDBACK NETWORK Member Agreement; and
INDEMNIFICATION
4.0 THE BIOFEEDBACK NETWORK Member agrees to indemnify and to hold THE BIOFEEDBACK NETWORK harmless , from any and all damages and expenses, including reasonable attorney fees, arising out of actions or conduct in violation of the THE BIOFEEDBACK NETWORK Member Agreement, which incorporates these Regulations by reference.
4.1 THE BIOFEEDBACK NETWORK does not endorse any particular BIOFEEDBACK NETWORK member's service and is not responsible for any damage or harm resulting from interaction with an THE BIOFEEDBACK NETWORK member. While THE BIOFEEDBACK NETWORK may refer inquiries to BIOFEEDBACK NETWORK members, such references shall in no way be construed as a medical referral for treatment. THE BIOFEEDBACK NETWORK does not treat, prescribe or diagnose.
FEES
5.0 All THE BIOFEEDBACK NETWORK BioBAY Market users must register. A FREE registration for practitioner listings and for Official State Biofeedback Societies is currently available. A member registering under the FREE practitioner listing program will be issued a credit to their account to be used for posting their listing. Any andditional posts to the system will be charged normal rates. Societies may use their membership for Society business only, and not for an individual's advantage. Regular members are subject to annual membership fees to maintain membership. Once membership fee is received, the member's account will be credited . for use toward Biofeedback Network Services only. These include classified ads, practitioner and calendar listings, and your own JustME WEB PAGE at The Biofeedback Network. Please see current rate sheet for specific fees for Professional, Allied, Student and Institutional Members.
5.1 AMEMBERSHIP FEES must be paid from cash funds.
5.1 ALL CREDITS & REFERRAL BONUSES to you account are ONLY good for use toward Biofeedback Network products and services including classified ads, practitioner and calendar listings, and your own JustME WEB PAGE at The Biofeedback Network. These credits may not be redeemed for cash.
5.2 The Biofeedback Network reserves the right to charge cash transaction fees on all purchases and sales.
5.3 The THE BIOFEEDBACK NETWORK Member is solely responsible for all charges made to the THE BIOFEEDBACK NETWORK Member's account. For all THE BIOFEEDBACK NETWORK Members conducting transactions online, the THE BIOFEEDBACK NETWORK member is responsible for the security of his/her THE BIOFEEDBACK NETWORK Member ID and unique password. All transactions are captured, logged and verified by THE BIOFEEDBACK NETWORK, however, no security can protect You if You divulge your password, and THE BIOFEEDBACK NETWORK does not guarantee against cyber-theft or break-in.
5.4 THE BIOFEEDBACK NETWORK Members acknowledge reading and agreeing to abide by the terms, conditions and provisions as related to the The Biofeedback Network site. As an Association for Integrative Medicine member, you must describe the goods and services you wish to trade or barter using the THE BIOFEEDBACK NETWORK . THE BIOFEEDBACK NETWORK reserves the right to delete any postings, description or other content posted by the THE BIOFEEDBACK NETWORK member if such content violates the terms of this agreement.
REGULATIONS FOR TRADING:
6.0 DECENCY.
POSTING ITEMS - AS A USER, YOU ARE WELCOME TO POST ITEMS UP FOR SALE IN THE .
WE DO HAVE RESTRICTIONS ON WHAT ITEMS YOU MAY SELL, AND WHAT YOU MAY NOT SELL. YOU MAY NOT SELL ILLEGAL
MERCHANDISE, INCLUDING PIRATED SOFTWARE AND MUSIC,
FIREARMS, ADULT VIDEOS, OR ANYTHING THAT IS AFFILIATED
WITH PORNOGRAPHY, ETC. ITEMS THAT ARE UP TO BIDS ARE
SUBJECT TO REVIEW BY THE STAFF OF , AND MY BE
REMOVED WITHOUT PRIOR NOTICE, IF IN VIOLATION WITH THE
USER AGREEMENT.
6.1 All transactions conducted on the The The Biofeedback Network are entered into on a voluntary basis between THE BIOFEEDBACK NETWORK Members and are between the buyer and the seller only.
6.2 THE BIOFEEDBACK NETWORK Members will sell, trade and barter goods, services, materials and labor for 100% trade at their normal prevailing prices for the The Biofeedback Network s (trade dollars) to other THE BIOFEEDBACK NETWORK Members in good standing. However, taxes and
gratuities will be paid in cash directly by a buyer to the seller.
6.3 Individual transactions may be negotiated by the parties for a partial cash payment with prior approval from THE BIOFEEDBACK NETWORK.
6.4 THE BIOFEEDBACK NETWORK Members acting as buyers should access the The The Biofeedback Network Web site to verify the status of their present account prior to each purchase.
6.5 Buyers must have a valid account to make a purchase.
6.6 Purchases by THE BIOFEEDBACK NETWORK Members acting as buyers must be limited to the amount of The The Biofeedback Network trade dollars in the buyer's account or available credit limit. THE BIOFEEDBACK NETWORK Members will be granted a 30 day overdraft protection period during which they may bring their account back up to a 0 or positive balance. Should a negative balance be maintained for over 30 days, the THE BIOFEEDBACK NETWORK member will be required to compensate THE BIOFEEDBACK NETWORK in cash for any deficit amount in their trade dollar account resulting from purchases made without sufficient trade dollar balances, and the THE BIOFEEDBACK NETWORK member's cash account will be so charged.
6.7 BIDDING AND SELLING -
As a user,
you may bid and/or sell merchandise over
The Biofeedback Network : Services, Directory, Classifieds and Auction! |
|
|
. As a
bidder, you know that placing a bid is a binding contract
with you and the seller, and the bid cannot be retracted
unless due to fault by the seller of typographical error,
or other error, due to human error on the seller's part.
Once you place a bid, and if you win, you will be
obligated to buy the product at the said price you
indicated as your bid. Placing a bid on this auction site,
and winning, then not paying for the product is illegal in
most states, and prosecution can result to you. As a
seller, the item that you place up for bids must be real.
Pre-sales are accpeted. Once a bid has been placed for
your item, you are being placed in a binding contract with
the potential buyer of the product, if that bid shall be
the highest bid. Once the auction is over, if over reserve
price, you are obligated to sell to the potential buyer
which is the highest bidder in your auction. If, reserve
price was not met, you are not obilgated in any way to
sell this item at all. As a seller, you are not in any way
to bid on your own items. If reported, your auction will
be deleted.
6.8 THE BIOFEEDBACK NETWORK Members are solely responsible for ensuring that goods and services have been exchanged and that the transaction is conducted to the satisfaction of buyers and sellers.
6.9 The THE BIOFEEDBACK NETWORK member agrees to sell products and/ or services to other member businesses for The The Biofeedback Network trade dollars at the prevailing price and with the same priority given cash customers.
7.0 Direct trading between THE BIOFEEDBACK NETWORK Members to avoid cash service fees is prohibited and may result in termination from The The Biofeedback Network and removal of all listings and posts.
7.1 Validation of trades and The The Biofeedback Network trade dollars .
The Biofeedback Network trade dollar transactions are initiated through the BEAM tranasaction page. Please print or save your screen confirmation in case of error with the e-mail confirmation. Your copy of the confirmation may assist in resolving possible disputes.
ACCOUNT DEFICITS
8.0 Anytime a THE BIOFEEDBACK NETWORK Member's trade account is in a deficit position, The Biofeedback Network has the right to demand immediate payment in cash for the total trade deficit due and owing and may take any action to secure such payments if deemed necessary. The The Biofeedback Network reserves the right to adjust cash balances with THE BIOFEEDBACK NETWORK Member's trade accounts and the THE BIOFEEDBACK NETWORK Member agrees and acknowledges that The The Biofeedback Network may have access to pre-authorized credit card accounts which The The Biofeedback Network may access for any deficit due and owing.
8.1 Although the The The Biofeedback Network server logs stores information concerning transactions (subject to the The The Biofeedback Network Security Statement and Privacy Statement) it is strongly recommended that THE BIOFEEDBACK NETWORK Members keep records
of all transactions conducted through the The The Biofeedback Network . In the event of an inconsistency between a THE BIOFEEDBACK NETWORK Member's records and the records maintained on the The The Biofeedback Network server, the THE BIOFEEDBACK NETWORK Member understands and acknowledge that the records maintained on the The The Biofeedback Network server will prevail to the extent necessary to
resolve any inconsistency.
LIABILITY
9.0 The The Biofeedback Network is a trading/exchange company that acts solely as a clearing house and third party record-keeper of barter transactions among its THE BIOFEEDBACK NETWORK Members. THE THE BIOFEEDBACK NETWORK 'S SOLE FUNCTION IS IN A BROKERAGE CAPACITY. THE BIOFEEDBACK NETWORK MEMBER DOES HEREBY INDEMNIFY AND HOLD THE THE BIOFEEDBACK NETWORK HARMLESS WITH RESPECT TO ANY CLTHE BIOFEEDBACK NETWORK, DEBT OR LIABILITY WHATSOEVER, ARISING OUT OF ANY TRADE EXCHANGE TRANSACTION WHEREIN THE BIOFEEDBACK NETWORK MEMBER IS A BUYER OR A SELLER.
9.1 Although The The Biofeedback Network may give referrals as a Service to its THE BIOFEEDBACK NETWORK Members, The THE BIOFEEDBACK NETWORK assumes no responsibility for the quality, timely delivery, warranty or dispute of any nature between THE BIOFEEDBACK NETWORK Members with regard to any product or service being traded. Disputes of any nature whatsoever will be settled by the buyer and the seller only by any method including by way of dispute resolution by a body of competent jurisdiction by
way of interpleader of the bartered good or service or otherwise.
9.2 THE BIOFEEDBACK NETWORK MEMBERS SHOULD EXERCISE THE SAME DILIGENCE ENTERING INTO TRADE TRANSACTIONS AS THEY DO WITH CASH TRANSACTIONS. THE BIOFEEDBACK NETWORK DISCLTHE BIOFEEDBACK NETWORKS ANY AND ALL IMPLIED WARRANTIES, REPRESENTATIONS AND CONDITIONS OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN NO EVENT SHALL THE THE BIOFEEDBACK NETWORK BE LIABLE TO YOU OR TO ANY OTHER PARTY FOR INDIRECT DAMAGES OR LOSSES (in contract or tort) IN CONNECTION WITH THE BARTERING FORUM LOCATED AT THE THE BIOFEEDBACK NETWORK SITE INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOST DATA, LOST SAVINGS, OR INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES, EVEN IF CAUSED BY THE BIOFEEDBACK NETWORK NEGLIGENCE AND EVEN IF THE THE BIOFEEDBACK NETWORK HAS KNOWLEDGE OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE.
9.3 PROVISION OF THE SERVICES DOES NOT IMPLY ENDORSEMENT OF THE GOODS OR SERVICES BARTERED BY THE BIOFEEDBACK NETWORK MEMBERS. THE BIOFEEDBACK NETWORK HAS NO CONTROL OR MEANS OF CONTROLLING ANY CONTENT OF GOODS OR SERVICES (INCLUDING MESSAGES, STATEMENTS, INFORMATION OR PICTURES DESCRIBING SUCH GOODS OR SERVICE) POSTED BY THE BIOFEEDBACK NETWORK MEMBER AND THEREFORE EXPRESSLY
DISCLTHE BIOFEEDBACK NETWORKS ANY LIABILITY IN CONNECTION WITH SUCH CONTENT WHETHER TO THE BIOFEEDBACK NETWORK MEMBER, OR TO ANY
OTHER THIRD PARTY.
9.4 If you are dissatisfied with the Services provided by means of
The The Biofeedback Network , the materials available on or through The The Biofeedback Network , or with any of The The Biofeedback Network - THE BIOFEEDBACK NETWORK Member Agreement, your sole and exclusive remedy is to discontinue using The The Biofeedback Network and to spend out your The Biofeedback Network s in accordance with the provisions of section 5.5 of these Regulations. Unused credit issued by theTHE BIOFEEDBACK NETWORK upon exit or discontinuation of membership will revert back to THE BIOFEEDBACK NETWORK aand is not redeemable for cash.
TERMINATION OF THE BIOFEEDBACK NETWORK MEMBER PRIVILEGES
10.0 Any THE BIOFEEDBACK NETWORK Member whose cash fees are more than 60 days past due will be considered -not in good standing- and will not be entitled access to the The The Biofeedback Network Web Site for trading purposes.
10.1 If THE BIOFEEDBACK NETWORK Member's are 90 days past due, THE BIOFEEDBACK NETWORK may close the THE BIOFEEDBACK NETWORK Member's account, terminate THE BIOFEEDBACK NETWORK Member's relationship with The The Biofeedback Network . Outstanding cash balances due will contiinue to be invoiced and are the The Biofeedback Network member's responsibility to pay. The THE BIOFEEDBACK NETWORK may, at its option, use the THE BIOFEEDBACK NETWORK Member's credit card to pay any outstanding balance owed in trade
dollars.
10.2 The Biofeedback Network reserves the right to freeze and/or cancel a THE BIOFEEDBACK NETWORK Member's account if:
The The Biofeedback Network has received more than 3 complaints/year in relation to a given THE BIOFEEDBACK NETWORK Member for poor performance,
charging in excess of THE BIOFEEDBACK NETWORK Member's normal business prices or violating these Regulations or the THE BIOFEEDBACK NETWORK Member
Agreement;
THE BIOFEEDBACK NETWORK Member is charging cash and/or not abiding by the THE BIOFEEDBACK NETWORK Member Agreement;
THE BIOFEEDBACK NETWORK Member commits fraud;
THE BIOFEEDBACK NETWORK Member is 60 days past due with their outstanding cash fees;
The The Biofeedback Network determines that there is reasonable cause for such termination; or
THE BIOFEEDBACK NETWORK Member breaches any term of the THE BIOFEEDBACK NETWORK Member Agreement
10.3 THE BIOFEEDBACK NETWORK Members may request that their accounts be placed on standby/inactive status provided that:
THE BIOFEEDBACK NETWORK Member's account must not be in a deficit position;
THE BIOFEEDBACK NETWORK Member must give The THE BIOFEEDBACK NETWORK 30 days written notice; and
THE BIOFEEDBACK NETWORK Member's account must not be frozen or otherwise suspended.
10.4 The Biofeedback Network or THE BIOFEEDBACK NETWORK Member may cancel this Agreement after 30 days written notice to the other party. Upon cancellation in accordance with this section 5.5, all trade dollars due THE BIOFEEDBACK NETWORK Member must be spent, within such period prior to termination, on products and services available through The The Biofeedback Network . Any outstanding balance due THE BIOFEEDBACK NETWORK must be paid in full within 30 days in cash. Upon termination, the THE BIOFEEDBACK NETWORK Member must immediately surrender his/her The Biofeedback Network identification card, if applicable, to THE BIOFEEDBACK NETWORK. All obligations under these Regulations and the The The Biofeedback Network THE BIOFEEDBACK NETWORK Member Agreement will survive termination of the THE BIOFEEDBACK NETWORK Member's subscription.
10.5 In the event this THE BIOFEEDBACK NETWORK Member Agreement is canceled, there will be no refund of any fees.
TAX RELATED
11.0 A sole-proprietorship, partnership, corporation or other business entity may become a THE BIOFEEDBACK NETWORK Member subject to acceptance by THE BIOFEEDBACK NETWORK and payment of appropriate registration fee. The person who signs the application must be authorized to enter into binding contracts on behalf of such THE BIOFEEDBACK NETWORK Member.
11.1 Trade dollars are not considered legal tender, securities or commodities by THE BIOFEEDBACK NETWORK or its THE BIOFEEDBACK NETWORK Members and may not be redeemed for cash.
11.2 Trade dollars may be treated as taxable income for federal, state, provincial and/or local tax purposes. THE BIOFEEDBACK NETWORK Members should seek independent professional tax advice. The declaration and reporting of all applicable federal, state, provincial, local and municipal taxes, including but not limited to appropriate sales and excise taxes and GST, resulting from any trade transaction, rests solely with the THE BIOFEEDBACK NETWORK Member.
11.3 For Canadian businesses, Revenue Canada takes the view that barter transactions are within the purview of the Income Tax Act and any transaction can therefore result in income or expense, and as a result should be considered on the same basis if this transaction involved cash currency. Barter sales and expenses should be reported to Revenue Canada as per IT-490 Section 3 (also sections 9 and 69).
