BARTER TRANSACTION RULES

A. OVERVIEW

These Barter Transaction Rules ("Rules") form part of the Agreement between you as a registered user of the Moolahnaire website ("Member") and eMoneyBarter, Inc., d/b/a Moolahnaire ("Moolahnaire"). These Rules set forth additional terms and conditions applicable to your use of the services under the domain and subdomains of www.moolahnaire.com (“Site"). The purpose of the Rules is to enable and facilitate fair transactions between Moolahnaire and Members by fostering a system of good business practices, by educating you in the ways Moolahnaire provides you with services, and the way in which you must conduct business with other Members. Registering with the Site and opening an account ("Account") as a Member constitutes your acceptance of these Rules. If you do not agree to be bound by these Rules, do not become a Member or use or access our services. In addition to these Rules, Members must read, agree and accept all of the terms and conditions contained in our Terms of Service and Privacy Policy. We may amend these Rules at any time by posting the amended terms on the Site. These Rules may not be otherwise amended except in a writing signed by you and Moolahnaire.

Purchases and sales of goods and services on the Site (“transactions”) are accomplished with four types of trade currency that we call Money on Tab, Lunch on Tab, Beer on Tab and Martini on Tab (collectively, “Money on Tab”). You understand, acknowledge and agree that: (a) Money on Tab is not considered legal tender and may not be redeemed for cash; (b) Transactions involving Money on Tab are generally treated as taxable events for federal, state or provincial, and local tax purposes, and you will seek independent professional tax advice if you need it; (c) In the event of investigations of violations of Rules or use of the Site, Moolahnaire will cooperate with all government officials, international organizations and law enforcement authorities seeking to clarify whether any Member has violated the law; and (d) We reserve the right to accept or reject your application as a prospective Member for any reason, in our sole discretion.

B. USING THE SITE FOR BARTER TRANSACTIONS.

1. Nature of the Parties

1.1. Moolahnaire provides a marketplace for cashless business transactions, and acts as a third party record-keeper and administrator of the clearinghouse function of the Site for Members who subscribe to our record keeping and payment processing services. We may, in our sole and absolute discretion, contract with others to provide all or part of such record-keeping, administrative or payment processing services.

1.2. Moolahnaire allows other Members to list goods and services available for barter on the Site. Other Members operate from business locations other than Moolahnaire offices and function as independent contractors. Other Members are not employees of Moolahnaire, and have no authority to bind Moolahnaire. As independent contractors, other Members are solely responsible for the employment, acts and omissions, control and direction of their employees and assignees.

1.3. Member is a bona fide and legal corporation, sole proprietorship, partnership or approved individual that desires to exchange its products, services, materials and/or labor ("products and services") with other Members of the Site, accepting Money on Tab as payment, and subscribes to Moolahnaire’s record keeping, payment processing and related services.

2. Member Eligibility

Only individuals and businesses who meet our qualifications can become Members and transact through the Site. We reserve the right to approve or deny membership any business or individual, in our sole discretion. Our services are available only to, and may only be used by, business entities or individuals who can form legally binding contracts under applicable law, including those with respect to payments, transactions, and fees. We may require that, at any time, each Member provide Moolahnaire a valid credit card, debit card, or other guarantee of payment of fees. If you are registering as a business entity, you represent that you have the authority to bind the entity to our Member Agreement. Our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended Members.

3. Conduct of Transactions

3.1. Legal Right to Sell Listed Products and Services. You may list on the Site only those products and services that you have the legal right to sell through the Site. Only Members holding the appropriate license may sell products or services that are permitted to be sold only by licensed sellers under federal, state or provincial, and local law, including but not limited to tickets, travel services, professional services and securities.

3.2. Member Listings. All listed products and services for sale on the Site must be listed in an appropriate category. We reserve the right to remove any Member Listing ("Listing") or change its location on the Site. All Listings of a Member must comply with the Rules. Members are not permitted to manipulate, alter, interfere with, or otherwise affect another Member’s Listings. Listings that promote bonus items, giveaways, or random drawings or prizes as an enticement for buyers must be legal promotions in all jurisdictions where the promotion is available. It is your responsibility to determine the legality of your promotion. We reserve the right to request documentation supporting your Money on Tab valuation of a listed product or service with evidence of fair market value. Failure to provide adequate documentation of fair market value to support the listed price may result in the deletion of any Member’s Listing from the Site.

3.3. Selling Products and Services for Money on Tab. You agree to sell products and services for Money on Tab in accordance with the terms and conditions set forth in these Rules at prevailing or normally advertised prices, but you may exclude "sale" items. You agree to sell your products and services for 100% Money on Tab, except for tax and shipping costs. Any required cash payments, e.g. shipping or tax, are the sole responsibility of the buyer and seller and are not the responsibility of Moolahnaire. We are not a guarantor of any Site transaction. Our only responsibility is to record transactions according to the terms and conditions outlined herein, and Moolahnaire is not responsible for the interpretation or fulfillment of any of the obligations of the buyer and seller.

3.4. Transaction Procedure. You may make purchases or payments directly on the Site. Members who wish to use the Site to list a product or service for sale, make a purchase, or make a payment, must enter their user ID and approved password. It is important that you guard the identity of your user ID and this password because the use of your user ID and password to make a purchase represents your consent as buyer to debit your account. You agree to indemnify and hold Moolahnaire harmless for any debit to your account utilizing your user ID and Member password. If a seller approves a transaction initiated on the Site by a buyer, it will result in the transfer of Money on Tab from buyer’s account to seller’s account. We will process the transfer of Money on Tab only when Buyer indicates Seller has satisfied its obligation(s) and clicks on “Pay” for that particular bid on the Site. We reserve the right to refuse to let the transaction goes through if: (a) the buyer does not have sufficient Money on Tab to cover the purchase; (b) either party is not a Member in good standing; (c) Moolahnaire has reason to believe the transaction is prohibited by law or by the terms of these Rules; or (d) the transaction is prohibited by agreement with the other party to the transaction. It is the responsibility of the seller to maintain any written documentation of the transaction (contract, invoice, etc.), including an authorizing signature from the buyer. In case of dispute, if no signed authorization from the buyer is kept, the transaction may be reversed at the buyer’s written request. Moolahnaire is not under any obligation to review transactions after sixty (60) days from the date of the disputed transaction posting. We may, in our sole discretion, reverse a transaction older than 60 days, if we deem it appropriate. Notwithstanding the foregoing, we have no obligation to evaluate the lawfulness of any transaction conducted through the Site.

3.5. Transaction Assistance. We will use reasonable commercial efforts to assist Members to transact among themselves by, among other things, making Member information available on the Site; maintaining current Member information; and appointing, at our sole and absolute discretion, independent persons or entities to provide information on Members’ products and services available through the Site. Whenever you either enter into a transaction, or make an offer to enter into a transaction through the Site, you acknowledge that the sole parties to any Site transaction are the buying and selling Members involved and not Moolahnaire, that each transaction is entered into voluntarily and incurs normal risks associated with any business transaction, that each Member will engage in appropriate due diligence, with the assistance of professional counsel and consultants if appropriate, prior to entering into the transaction, and that neither Moolahnaire nor the Site is a guarantor of any transaction. We will use reasonable commercial efforts to record transactions accurately, to administer the Rules in accordance with their terms, and to assist in the sale of your products and services to other Members. However, the initiative for using our services for your economic benefit is exclusively yours and neither Moolahnaire nor the Site guarantees or warrants any level of business through the Site.

3.6 Real Estate Transactions. Any Member that participates in a transaction involving the sale or lease of real estate agrees to the following:

  • Any real estate transaction conducted in the Site shall not be deemed a legally binding contract until all requisite documents have been executed and the transaction has been completed in accordance with the laws of the jurisdiction in which such property is located. You are strongly advised to seek the help of a licensed real estate professional or real estate attorney to help you in the negotiation, purchase or sale of any real estate.
  • All offers to sell real property are solicited by the seller thereof and not by Moolahnaire. Any Member offering real estate in the Site shall have a valid real estate license in the jurisdiction in which such offered property is located, or shall be the legal owner of that property.
  • All real estate advertising in the Site is subject to the Federal Fair Housing Act, which makes it illegal to advertise "any preference, limitation, or discrimination because of race, color, religion, sex, handicap, familial status, or national origin," as well as state and local requirements.

3.7. Safe Transactions. You bear sole responsibility for the authentication of the identity of any person you may transact with. Because authentication is difficult, particularly on the Internet, Moolahnaire does not confirm any person’s purported identity. You should communicate directly with potential trading partners and establish your own standards for identity authentication. You should use caution, common sense and practice safe transactions when using the Site. There may also be, and you accept full responsibility for, any risks associated with dealing with foreign nationals and persons acting under false pretense.

3.8. Prohibited Products and Services. No Member shall offer for sale or purchase any product or service through the Site in a manner that violates federal, state or provincial and local law. No offer to sell or purchase any such prohibited product or service shall be deemed to be authorized by Moolahnaire. Only Members holding the appropriate license may sell products and services that are permitted to be sold only by licensed sellers under federal, state or provincial, and local law. Member shall indemnify and hold harmless Moolahnaire and the Site from any claim, demand, judgment, or fine made by any third party, including government agencies, due to or arising from Member’s offer to sell, sale, or purchase of a prohibited product or service through the Site.

3.9. Availability of Products and Services. We will use reasonable commercial efforts to enroll new businesses with products and services to meet the needs of Members. However, neither Moolahnaire, nor the Site is responsible if Member cannot find specific products or services to purchase, or customers for their products and services within the Site.

3.10. No Control over Member and Third-Party Information. We are not responsible for, and do not control, represent or endorse the accuracy, reliability, integrity, or legality of any information provided by Members and third parties available through the Site, including information that is transmitted on behalf of Members or their employees. Members and third parties are solely responsible for their respective information.

3.11. Definition of "Member in Good Standing." A Member who complies with the current Rules and any other agreements in effect with Moolahnaire, who is current in the payment of any cash or fees owing to Moolahnaire, and who has a valid Member account, is a "Member in good standing." Only Members in good standing are entitled to the services of Moolahnaire.

3.12. Advertising Authorization. Unless we are otherwise notified in writing, you authorize us to inform other Members of the availability of your products and services. This authorization includes, without limitation, listings in local, regional or national directories, Site listing, and e-mail broadcasts. Member information that will be publicly available may be the name of the business, address, contact person, telephone number, fax number, email address, website URL, and product and service availability, unless Member directs otherwise. We are neither a party to these sales listings nor responsible for their accuracy. Any inaccuracies should be immediately reported to us, in writing. We reserve the right to restrict or deny the publishing or promotion of products and services that we, in our sole discretion, deem to be inappropriate.

3.13. Consent to Receive Electronic Mail from Moolahnaire. You hereby expressly consent to receive from us electronic mail messages containing information promoting the sale, lease, or other disposition of products and services made available through the Site, or containing information regarding the operation of the Site. You agree that we are not responsible for, and do not control, represent or endorse the accuracy, reliability, integrity or legality of any email, advertising or other information provided by Members.

3.14. Record Keeping
We will track and maintain online records and annual statements to reflect your account activity of your sales and purchases. Online records are deemed accurate as produced unless you notify the Moolahnaire corporate office in writing of any discrepancy, within four weeks of the transaction date. We are under no obligation to reverse transactions entered on an account sixty (60) days after the date of the posting of the transaction. We have the right, but not the obligation, to reverse transactions due to non-compliance with these Rules or failure to provide products or services, in which event it will be the seller’s responsibility to collect from the buyer. Transactions are subject to final audit and verification by Moolahnaire and, in case of inaccuracies or non-compliance, we may debit or credit your account without notice.

3.15. Disclaimer of Warranty and Liability on Site Transactions. Moolahnaire is not a guarantor of any transaction conducted in the Site. Moolahnaire does not guarantee, warrant, or make any representation regarding any of the following:

(a) The quality, quantity, delivery, value, condition, safety, legality, merchantability, fitness for a particular use or purpose, timeliness or accuracy, or any other characteristics of any products or services placed into or purchased through or otherwise advertised on or through the Site by a Member or third party;

(b) The accuracy, reliability, or integrity of any information provided to Moolahnaire by a selling Member or third party and disseminated by Moolahnaire on behalf of that selling Member or third party;

(c) The ability of any selling Member or third party to sell products or services;

(d) The availability of products or services within the Site, or the ability of any buying Member or third party to buy products or services;

(e) The volume of business that any Member will derive from participation in the Site or through use of Money on Tab;

(f) The value of Money on Tab or of the future existence or viability of the Site;

(g) That the Member will be satisfied with the selection of products or services offered through the Site at any given time, or with the prices for such products or services; or

(h) The accuracy, reliability, integrity or legality of any offer, proposal, statement, data, opinion, or other content displayed or distributed through the Site.

Moolahnaire makes no representation or warranty, either express or implied, and disclaims all liability, as to the fitness, quality, delivery date, merchantability, price, or any term of any transaction. Member shall indemnify and hold Moolahnaire harmless with respect to any claim, debt, or liability whatsoever, arising out of any transaction wherein Member is a buyer or seller.

3.16. Release. Moolahnaire is merely a third party record-keeper and administrator of the clearinghouse function of the Site, and not involved in any actual transaction between Members, or between a Member and a Third Party through the Site. In the event that you have a dispute with one or more other Members or with one or more Third Parties, you release Moolahnaire (and subsidiaries, directors, officers, employees, independent contractors, and other agents) from any and all 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. You expressly waive any right or benefit available to you in any capacity under the provisions of section 1542 of the Civil Code of California, which provides: "A Release does not extend to claims which the creditor does not know or suspect to exist in [his][her] favor at the time of executing the release, which if known by him must have materially affected [his][her] settlement with the debtor." You agree that if a seller fails to deliver products or services pursuant to agreed-upon terms, buyer’s only recourse shall be against the seller, and not against Moolahnaire or against Moolahnaire’s subsidiaries, directors, officers, or employees.

3.17. Taxes. Each Member must provide a valid and correct taxpayer identification number (or, if applicable, social security number) to Moolahnaire in any transaction through the Site. By registering as a Member, you hereby declare and affirm that the taxpayer identification number (or, if applicable, social security number) you provide to Moolahnaire is valid and correct. Members shall be solely responsible to collect and remit, and to declare and report all applicable federal, state, provincial, local and municipal taxes, including appropriate sales and excise taxes and GST, resulting from any trade transaction to the appropriate taxing authorities as required by law. Under no circumstances are we responsible to pay any sales, excise, GST, use or other taxes on behalf of any Member. Transactions involving Money on Tab are generally treated as taxable events for federal, state or provincial, and local tax purposes. It is Member’s responsibility to seek independent professional tax advice as needed. The declaration and reporting of applicable taxes resulting from Moolahnaire dollar transactions rests solely with you. In the U.S., we are required by law to submit a 1099B for each Member account to the IRS each year reporting the gross sales of the account. In Canada, transactions are deemed within the purview of the Income Tax Act, and transactions should be reported to Revenue Canada per applicable law. You agree to indemnify and hold Moolahnaire harmless for any actions we take to comply with federal, state or provincial, and local laws.

3.18. Disputes
a. Transaction disputes concerning the quality, fulfillment, or deliverability of products and/or services purchased are between the buyer and seller ONLY, and Moolahnaire has no responsibility in connection therewith other than recording transactions. You should exercise the same discretion in evaluating sellers, inspecting products, conducting due diligence, and ensuring delivery in Money on Tab transactions as you do in cash transactions. We are not responsible for use of Money on Tab by unauthorized persons or for transactions that do not comply with the Rules. Moolahnaire is not a buyer or seller in any transaction unless it so states in writing.

b. In situations in which buyer disputes having entered into a transaction, it shall be the responsibility of the seller to provide Moolahnaire with: (1) written verification from the buyer authorizing the transaction; or (2) written verification that buyer is rescinding the dispute within five (5) business days of notice being given by Moolahnaire to seller or seller’s broker of the disputed transaction. If such documentation is not received within that time, the transaction will be reversed. We are under no obligation to reverse transactions after sixty (60) days from the date of the disputed transaction posting. Except in the case of an accounting error, if a transaction is reversed, Member may still be charged the appropriate transaction fees.

c. In situations in which buyer disputes the fulfillment or deliverability of products and/or services, it is the buyer’s responsibility to complete and submit to Moolahnaire a complaint report specifying the nature and circumstance of the complaint in sufficient detail to enable us to evaluate the validity of the complaint. We, in our sole discretion, will determine, in accordance with these Rules, whether or not the dispute warrants our involvement. In cases in which disputes are deemed valid and within 60 days of the posting of the transaction, Moolahnaire will forward the complaint report to the seller, requesting a response within five (5) business days. Upon receipt of seller’s response, our Dispute Resolution Committee ("DRC") will review all available information and will determine whether the transaction remains as posted or if the transaction shall be reversed. Failure of seller to respond to the complaint report will, in most cases, result in the disputed transaction being reversed. Neither Moolahnaire nor the DRC is under any obligation to review transactions after sixty (60) days from the date of the disputed transaction posting.

d. If you have three (3) complaint reports filed against you within a one (1) year period which we deem to be valid complaints in accordance with these Rules, you may be deemed to be in Default and your Account may be terminated in accordance with these Rules.

C. TRANSACTION FEES

Each Member who is acting as a Buyer will pay Moolahnaire transaction fees for sales and purchases and other fees as listed on the Site (collectively, the "Fees"). Cash transaction fees are payable in U.S. Dollars and are due at time of transaction acceptance by Buyer and can only be paid by the Member’s credit card or debit card or with a payment method acceptable to Moolahnaire or mutually agreed to between Buyer and Moolahnaire. Buyer hereby authorizes Moolahnaire to run credit card authorizations on all credit cards provided by Buyer, and to charge Buyer’s credit card (or any other form of payment acceptable to Moolahnaire or mutually agreed to between Buyer and Moolahnaire).

1.1. Fees Are Non-Refundable: Unless otherwise agreed to in writing by Moolahnaire, your payment of Fees to Moolahnaire is non-refundable. If buyers or sellers do not complete a transaction, the posting of a transaction is disputed, or if a previously posted transaction is reversed, we will not be obligated to refund any fees we have received. In certain circumstances a cash credit may be approved and applied to your Account.

1.2. Modification of Fees. We may modify our Fee policy and the Fees assessed to your Account at any time in our discretion, by written or email notice, or by posting the amended terms on the Site. Any amended fees shall automatically be effective thirty (30) days after they are initially posted on the Site.

1.3. Line of Credit. Moolahnaire, may, but is not obligated to, offer you an interest free revolving Line of Credit in Money on Tab (“Credit Line”). Any such Credit Line, as well as the amount of credit extended, is solely in our discretion, and will be granted, if at all, based on the length of a Member’s Account, transaction history and other factors which we determine.

1.4 Closure of Account. We may close without prior notice any Account that is past due. Money on Tab in such Account will be forfeited unless outstanding Fees are paid. If your Account has a negative Money on Tab balance on the date of Account forfeiture, an amount equal to the dollar equivalent, in the currency of the country in which the Member’s Account resides, of the negative Account Balance shall be immediately due and payable by you to Moolahnaire (regardless of any line of credit we may have extended in place at the time of Account closure). The Account may be reestablished and the Money on Tab returned to such Account if the Member pays Moolahnaire all outstanding Fees, together with all Fees that would have accrued during the period between Account closure and its re-establishment.

D. ADMINISTRATION OF THE SITE AND MONEY ON TAB

1. Nature of Money on Tab. The term "Money on Tab" refers to a book entry with an assigned arbitrary value that serves as a practical method of recording the value of every transaction that results in a transfer of products and services among Members of the Site. Money on Tab denotes the right to receive products or services available from other Members, or the obligation to provide products or services to other Members. Money on Tab is not legal tender, is not an obligation of Moolahnaire, and cannot be redeemed for cash or legal tender. In no event shall Moolahnaire be required to refund, redeem or pay any amounts to any Member for any Money on Tab, or allow conversion or liquidation of Money on Tab into cash or legal tender. Money on Tab may not be bought or sold for cash. Offers to buy or sell Money on Tab for cash can lead to immediate termination of Member’s Account and forfeiture without recourse of all Moolahnaire balances. Transactions found to be in violation of this provision can be reversed without notice and participating Members accounts closed for cause. For purposes of transacting and record-keeping within the Site, one Money on Tab shall be assigned a value equivalent to one US dollar. Money on Tab shall not be transferable, and shall not be transferred, assigned, pledged or hypothecated by Members in any way, directly or indirectly, except as required for:

  • The bona fide payment for products and services through the Site,
  • or a Credit Line expressly authorized by Moolahnaire,

in each case in accordance with these Rules. Moolahnaire disclaims any and all responsibility for the negotiability of Money on Tab. You agree that Moolahnaire has the absolute right to manage, regulate, control, buy, sell, modify and/or eliminate Money on Tab as it sees fit in its sole discretion, in any general or specific case, and that Moolahnaire will have no liability to you based on its exercise of such right.

2.0. Member’s Account

2.1. General. Moolahnaire is not a bank. Your Account is denominated solely in Money on Tab (except to the extent you may be billed for selected cash Fees as set forth above). Your Account is not insured by the Federal Deposit Insurance Corporation (FDIC) or any other such governmental or quasi-governmental agency. All Money on Tab generated by transactions entered into by Member will be commingled in your Account, and can be used (i) by you as buyers in other transactions, (ii) by us to set-off any amounts (including, but not limited to, Fees) denominated in Money on Tab owed by Member under this Agreement, (iii) by us to reduce any negative Account Balance arising from transactions previously entered into by you. We will not pay interest on positive Account balances and do not guarantee that there will be adequate Money on Tab reserves to cover all outstanding claims against the Site.

2.2. Positive and Negative Balances. A positive Account balance (i.e. a credit balance) denotes your right to purchase goods and services offered by other Members willing to accept Money on Tab in payment for those products and services. A negative Account balance (i.e. a debit balance) creates an obligation on the Member to sell products or services to other Members to the extent of the Money on Tab deficit.

2.3. Restrictions. We may, in our sole discretion:

  • Restrict the use of Money on Tab deposited in the Account for a transaction for a period of time after the completion of such transaction and thereafter pending resolution of any dispute regarding such transaction,
  • Modify, reduce, or eliminate any Credit Line assigned to an Account, for any reason or for no reason, with or without prior notice to Member;
  • Require escrow, vesting or other procedures before the Member can use Money on Tab in the Account, or
  • Cancel, freeze and/or otherwise restrict sales or purchases or the use of Money on Tab in the Account by the Member in connection with a Default by Member.

2.4. Inactivity. An Account will be considered abandoned if Member has not entered into a Transaction over any period of eighteen (18) consecutive months. We may, in our sole discretion, terminate an abandoned Account (regardless of whether the abandoned Account has a positive or negative Account Balance), and any positive Account balance will be transferred out of the Account and Member will not receive any value for such positive Account balance. If the Account has a negative Account Balance at the time of termination, you agree to pay Moolahnaire an amount equal to one US dollar per Money on Tab owed. Inactive accounts may be reinstated as set forth herein.

2.5. Security Interest. You hereby grant Moolahnaire a security interest in all Money on Tab credited and to be credited to your Account to secure the amount of all of your unpaid Fees and other obligations to Moolahnaire. If Member becomes insolvent or bankrupt, all cash fees shall be due and payable in full. Moolahnaire shall have the option in lieu of filing as a creditor of treating the Money on Tab balance as equal in value to the amount of cash fees owing, and terminating the account; provided however, that if Moolahnaire does receive all of its cash fees in full, Moolahnaire shall reinstate the Money on Tab to the Member’s account.

2.6. Special Offers and Promotions. We may, in our sole discretion, make special offers and promotions, such as reduced fees, incentives or other benefits, available to all or some Members without creating any obligation on our part other than as explicitly set forth in such offers or promotions, including, but not limited to, any obligation to continue such offers or promotions on an ongoing basis. We may also enter into contracts with third party providers to offer their products or services to Members through the Site in exchange for payment from Members partially in the currency of the country in which the Member’s Account resides and partially in Money on Tab. We, at our sole discretion, may designate such providers as the exclusive provider of particular classes of products or services within the Site and prohibit other Members from transacting such classes of products or services during any period of exclusivity granted to the third party provider.

3.0. Money on Tab Credit Line. You understand and acknowledge that all aspects of any Money on Tab Credit Line are within the sole discretion of Moolahnaire. Members wishing to apply for a Credit Line may be required to submit a line of credit application, prior to approval. We may, in our sole discretion and without liability to Member, at any time for any reason without prior notice, change the amount of a Member’s Credit Line.

3.1. Payment on Money on Tab Credit Line. You understand and acknowledge that you must make a minimum payment of five percent (5%) on your Credit Line outstanding quarterly average balance at least once every calendar quarter to be in good standing. If you don’t have the Money on Tab balance in your account to make a minimum payment on your Credit Line outstanding balance, you may make a cash payment payable in U.S. Dollars using your credit card, debit card, or with a payment method acceptable to Moolahnaire or mutually agreed to between Buyer and Moolahnaire. You can also contact Moolahnaire to request an extension until you earn sufficient Money on Tab from your sales of products or services to pay down your Money on Tab Credit Line. We may suspend your Credit Line or close your account without prior notice if a minimal payment is not made on your Credit Line balance least once every calendar quarter.

4. Compliance with Rules and Policies. Member shall adhere to all of Moolahnaire’s rules and policies, as amended from time to time, posted on the Site or otherwise provided to such Member, including the Terms of Service and the Privacy Policy.

E. BREACH OF RULES; PROHIBITIONS

1. Rule Violations. We have the right, but are not obligated to inquire into complaints of Rule violations by Member. You grant to Moolahnaire the right to take such actions, which, in our sole discretion, are deemed necessary to adjudicate or resolve your complaint. Violations of these Rules may result in termination of your Account and immediate adjustment to the transactions involved, and may result in the assessment of increased Fees as specified herein. If you fail to buy from and sell to other Members in good standing in accordance with these Rules, you will be in material breach of these Rules. If you violate any term of the Rules, we may immediately terminate your Account or may freeze all activity in the Account without prior notice. In our sole discretion, we may reinstate you as a Member or unfreeze your account.

2. Default. Definition of Default. A Member is in "Default" of the Member Agreement to which these Rules are appended if any one of the following occurs:

  • Member does not make a required Fee payment by the due date,
  • Member becomes generally unable to pay its debts or obligations (including, but not limited to, a negative Money on Tab Account balance) as and when they become due,
  • Member provides Moolahnaire with any false or misleading Information, or such Member fails to notify Moolahnaire if any such information previously provided becomes false or misleading,
  • Member ceases to do business as a going concern or, in the case of individuals, such Member dies, becomes incapacitated or otherwise incapable of decision-making,
  • A petition in bankruptcy is filed against, or proceedings for dissolution, winding up or liquidation are instituted, by or against Member under the U.S. Federal Bankruptcy Code or any similar laws,
  • We believe that the likelihood of Member performing its obligations under these Rules or the Member Agreement has been impaired,
  • Member is found, or is reasonably believed by us, to have engaged in deceitful transaction practices or otherwise fraudulent, undesirable or harmful conduct as determined by Moolahnaire,
  • Member violates these Rules (inclusive of any policies or documents it incorporates by reference) or breaches the Agreement,
  • Moolahnaire cannot verify or authenticate information delivered by such Member to Moolahnaire or other Members, or placed on, in or through the Site by such Member,
  • Member is in default of any obligation to Moolahnaire, a Member or any Third Party,
  • Member is the subject of an investigation by a government agency or other authority,
  • Moolahnaire concludes in its sole discretion that any act or omission of Member may cause legal liability for Moolahnaire, the Member or other Members, or

2.1. Remedies Upon Default. Upon Default by Member, Moolahnaire has the right, at its election then or at any time thereafter while such Default continues, to take, without limitation, one or more of the following actions:

  • Terminate Member’s Account
  • Declare any negative Account balance and any Fees arising from Transactions entered into by such Member to be immediately due and payable in U.S. Dollars by the Member to Moolahnaire, with or without prior notice to Member, subject to the other terms and conditions of these Rules,
  • Immediately delete any listings or other information of Member,
  • Require modification of payment terms or Fees in order to continue or reinstate access or use by Member of services provided by the Site;
  • Temporarily suspend, indefinitely suspend or terminate the rights of Member to transact in (as a seller and/or buyer), access or otherwise use the Site or Money on Tabin the Account,
  • Issue a warning to such Member, and/or
  • Refuse to provide services to Member.

3. Suspension of Transaction Privileges. We reserve the right, in our sole discretion, to suspend the transaction privileges of any Member who is in violation of any local, state or provincial, or federal law, who engages in overpricing, or otherwise violates these Rules, or when cash fees are due to Moolahnaire and unpaid sixty (60) days after the date originally invoiced. In the latter case, transaction privileges shall be reinstated upon payment of cash fees due.

4. Termination. Upon termination:

4.1. All cash and Moolahnaire dollar fees outstanding become due and payable. No fees will be refunded.

4.2. Any Member with a negative Money on Tab dollar balance (where purchases exceed sales) must balance its account by depositing Money on Tab into it within four (4) weeks of termination date. After this four (4) week period, Member must immediately pay Moolahnaire any remaining negative balance in cash. 

5. Reinstatement of Member Account. At Member’s written request and approval of Moolahnaire, a Member Account will be reinstated upon Member’s payment of any outstanding cash fees. Member will be reinstated at the current Moolahnaire Fee Policy rates as published on the Site.

Last revised: July 21, 2009