Terms And Conditions
PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.
Welcome to Sell Swap. Please read on to learn the rules and restrictions that govern your use of our website(s), products, services, and mobile applications (the “Services”). If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at support@sellswapapp.com.
These Terms of Use (the “Terms”) are a binding contract between you, and Sell Swap INC. The terms govern the use of the Services that Sell Swap offers as a marketplace platform via its mobile application and website for users to sale and or swap/trade products online. You must agree to and accept all the Terms, or you don't have the right to use the Services. By you using the Services in any way means that you agree to all these Terms, and these Terms will remain in effect while you use the Services. If you do not wish to accept the present Terms, do not use the Services and uninstall any Sell Swap applications from your device.
These Terms include the provisions in this document, those in the privacy policy as well as guidelines, policies, and regulations that Sell Swap makes available online or on the application and are subject to change from time to time.
Will these Terms ever change?
We continually strive to improve our Services, so these Terms may need to change along with the Services to reflect those improvements, or for other reasons. We reserve the right to change the Terms at any time and for any reason. While we may choose to provide notice when substantial changes are made, please check back frequently to ensure you have reviewed the latest copy of these Terms at https://sellswapapp.com/.
If you don't agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all the changes. You should visit this page periodically to review these Terms.
Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.
What about my privacy?
Sell Swap takes the privacy of its users very seriously.
The Children's Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. This Service is not directed toward or intended for children under age 13, and if you are under 13 you should not use this site. We do not knowingly collect or solicit personally identifiable information from children under 13; if you are a child under 13, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as reasonably possible. If you believe that a child under 13 may have provided us personal information, please contact us at support@sellswapapp.com.
Required Age
The Services are intended to be used by adults, as defined under any applicable law in each specific case. If you are not an adult, you are not authorized to download the application, register, and create an account with us. All minors require permission from their respective legal representative to use the Services.
Using the Sell Swap Marketplace
You may be required to sign up for an account and select a password. You promise to provide us with accurate, complete, and updated registration information about yourself.
You may not transfer your account to anyone else without our prior written permission.
In using the Sell Swap Service, you agree to use the application and website and their contents and services in accordance with the law and in accordance with these Terms. You are obligated not to use the Sell Swap Service to conduct illegal activities or in a manner that constitutes a criminal offense, including violations of a third party's rights.
Prohibited Actions
In connection with using or accessing the Services you agree not to perform or engage in any actions from the following non exhaustive list of prohibited actions:
posting, listing, or uploading content or items in inappropriate categories or areas on our Services.
posting, listing, or uploading items for sale that are generally illegal to own or possess.
posting, listing, or uploading content or items that infringe or violate the intellectual property rights or any other rights of anyone else (including Sell Swap).
posting, listing, selling, swapping, offering for sale, or otherwise providing any replicas, counterfeit items, unauthorized listings, stolen property, or any items not belonging to you.
breaching or circumventing any laws, third-party rights or our systems, policies, or determinations of your account status.
using our Services if you are not able to form legally binding contracts (for example if you are under 18) or are temporarily or indefinitely suspended from using our sites, services, applications, or tools.
failing to pay for items purchased by you, unless you have a valid reason as set out in a Sell Swap policy.
failing to deliver items sold by you, unless you have a valid reason as set out in a Sell Swap policy.
using our Services in any manner that violates applicable electronic funds transfer or credit card network rules or regulations.
manipulating the price of any item or interfere with any other user's listings.
posting false, fraudulent, deceptive, inaccurate, misleading, defamatory, or libelous content, or content that is harmful, threatening, harassing, obscene, racist, xenophobic, or otherwise objectionable.
taking any action that may undermine the feedback or ratings systems.
transferring your Sell Swap account and Sell Swap log in info to another party without our consent or taking any action that jeopardizes the security of your Sell Swap account or anyone else's (such as allowing someone else to log in to the Services as you).
distributing or posting spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes.
distributing viruses or any other technologies that may harm Sell Swap, or the interests or property of users.
using any robot, spider, scraper, or any other means, manual or automated, to access our Services for any purpose, provided some limited web indexing is allowable by authorized entities.
bypassing our robot exclusion headers or otherwise interfering with the working of our Services, or imposing an unreasonable or disproportionately large load on our infrastructure, including, but not limited to, running Mail list, Listserv, unsolicited, or unauthorized advertising, promotion materials, commercial activities, and/or sales, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services;
circumventing any technical measures, we use to provide the Services, including, but not limited to, violating the security of any computer network, or cracking any passwords or security encryption codes.
reproducing, performing, displaying, distributing, reverse engineering, or preparing derivative works from content that belongs to or is licensed to Sell Swap, or that comes from the Services and belongs to another Sell Swap user or to a third-party including works covered by any copyrights, trademark, patent, or other intellectual property right, except with prior express permission of Sell Swap and/or any other party holding the right to license such use.
decompiling, reverse engineering, or otherwise attempting to obtain the source code of underlying idea or information of or relating to the Services.
commercializing any Sell Swap application or any information or software associated with such application.
harvesting or otherwise collecting information about users without their consent; or accessing, using, or otherwise exploiting the Services in violation of any applicable agreements, guidelines, regulations, or policies that Sell Swap makes available on the Services or otherwise in a manner deemed objectionable by Sell Swap in its sole discretion.
The U.S. government forbids or restrict transactions with certain parties identified as engaging in terrorism, narcotics trafficking, weapons proliferation, and other activities that threaten national security ("Banned Parties"). Banned Parties include, but are not necessarily limited to, the parties identified on the sanction’s lists maintained by the U.S. Department of the Treasury's Office of Foreign Asset Control ("OFAC") and persons who are citizens of, or located within, a nation that is subject to U.S. trade sanctions, embargoes, or other significant trade restrictions. Sell Swap does not do business with or otherwise engage in or facilitate transactions involving Banned Parties. You represent and warrant that you are not a Banned Party, that you are not located in a Sanctioned Country, and that you will not use the Services to facilitate transactions with Banned Parties through, or from a Sanctioned Country.
U.S. export control laws and regulations restrict the shipment or transfer of certain information, commodities, services, and other items (including software) for reasons of foreign policy and national security, as determined by the U.S. government (“U.S. Export Control Laws”). You represent and warrant that you will not post, list, sell, swap, offer for sale or otherwise provide any content or material in a manner that violates U.S. Export Control laws, including without limitation using the Services to disclose, transfer, download, export, or re-export, directly or indirectly, such content or material to any country, entity or other party which is ineligible to receive such items under U.S. Export Control laws.
You represent and warrant that you are of legal age to form a binding contract (or if not, you have your parent's or guardian's permission to use the Services and their agreement to these Terms on your behalf). If you're agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on its behalf and bind them to it Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity).
You will only use the Services for your own personal use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you and these Terms. If your use of the Services is prohibited by applicable laws, then you are not authorized to use the Services. We cannot and will not be responsible for your using the Services in a way that breaks the law.
A violation of any of the foregoing is grounds for termination of your right to use or access the Services.
If we believe you are abusing Sell Swap in any way, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your user account(s) and access to our Services, delay or remove hosted content, remove any special status associated with your account(s), remove and demote listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using our Services.
We may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue our Services. Additionally, we reserve the right to refuse or terminate all or part of our Services to anyone for any reason at our discretion.
Security of Your Account
By creating an account, you accept and assume all liability that may arise from all activity that originates from your account or occurs under your username and password. You acknowledge that you are responsible for maintaining the confidentiality of the password you designate during the registration process. You cannot share it with other people or perform acts that may diminish or undermine the security of your account. If you have knowledge that your password has been compromised, you should inform us immediately to recover your account.
Access and Proprietary Rights
You are authorized to access the Services only to the extent you comply with these Terms of Use. Accessing the Services in violation of these Terms of Use is strictly prohibited and unauthorized. You agree that we may moderate Services and content, access and use in our sole discretion, e.g., by blocking (e.g., IP addresses), filtering, deletion, delay, omission, verification, and/or access/account/license termination. You agree (1) not to bypass said moderation, (2) we are not liable for moderating, not moderating, or representations as to moderating, and (3) nothing we say or do waives our right to moderate, or not.
Sell Swap is the holder of various intellectual property rights pertaining to or has obtained the necessary authorizations and/or licenses for its exploitation of the content disclosed in and associated with the Services, including, but not limited to, the trademarks, graphics, design, applications, text, images, and source code. Neither the contents of the Services nor the database of users may be used, reproduced, broadcasted, copied, processed, or transmitted in any form without Sell Swap’s prior express written consent.
Sell Swap’s trademark(s) and trade dress may not be used in connection with any product or service that is not Sell Swap’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages, or discredits Sell swap. All other trademarks not owned by Sell Swap that appear in any of our Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Sell Swap.
User Submissions: Do I have to grant any licenses to Sell Swap or to other users?
Anything you post, upload, share, store, or otherwise provide through the Services is your “User Submission.” Some User Submissions are viewable by other users. In order to display your User Submissions on the Services, and to allow other users to enjoy them (where applicable), you grant us certain rights in those User Submissions. Please note that all of the following licenses are subject to our privacy policy to the extent they relate to User Submissions that are also your personally identifiable information.
For all User Submissions, you hereby grant Sell Swap a license to translate, modify (for technical purposes, for example making sure your content is viewable on a phone as well as a computer) and reproduce and otherwise act with respect to such User Submissions, in each case to enable us to operate the Services, as described in more detail below. This is a license only—your ownership in User Submissions is not affected—however, you grant a license to Sell Swap to create derivative works, compile your content with other content and to own, register and enforce rights in such compilation and be the sole party entitled to any relief obtained from such enforcement efforts.
If you store a User Submission in your own personal Sell Swap account, in a manner that is not viewable by any other user except you (a “Personal User Submission”), you grant Sell swap the license above, as well as a license to display, perform, and distribute your Personal User Submission for the purpose of making that Personal User Submission accessible to you and providing the Services necessary to do so.
If you share a User Submission only in a manner that only certain specified users can view (for example, a private message to one or more other users)(a “Limited Audience User Submission”), then you grant Sell Swap the licenses above, as well as a license to display, perform, and distribute your Limited Audience User Submission for the purpose of making that Limited Audience User Submission accessible to such other specified users, and providing the Services necessary to do so. Also, you grant such other specified users a license to access that Limited Audience User Submission, and to use and exercise all rights in it.
If you share a User Submission publicly on the Services and/or in a manner that more than just you or certain specified users can view, or if you provide us (in a direct email or otherwise) with any feedback, suggestions, improvements, enhancements, and/or feature requests relating to the Services (each of the foregoing, a “Public User Submission”), then you grant Sell Swap the licenses above, as well as a license to display, perform, and distribute your Public User Submission for the purpose of making that Public User Submission accessible to all Sell Swap users and providing the Services necessary to do so, as well as all other rights necessary to use and exercise all rights in that Public User Submission in connection with the Services and/or otherwise in connection with Sell Swap’s business. Also, you grant all other users of the Services a license to access that Public User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services.
You agree that the licenses you grant are royalty-free, perpetual, sublicensable, irrevocable, and worldwide, provided that when you delete your Sell Swap account, we will stop displaying your User Submissions (other than Public User Submissions, which may remain fully available) to other users (if applicable) within a reasonable time, but you understand and agree that we may be required by law or otherwise to retain your account information or any other information associated with it and it may not be possible to completely delete that content from Sell Swap’s records, and that your User Submissions may remain viewable elsewhere to the extent that they were copied or stored by other users. Further, to the fullest extent permitted under applicable law, you waive your moral rights and promise not to assert such rights or any other intellectual property or publicity rights against us, our sublicensees, or our assignees.
Finally, you understand and agree that Sell Swap, in performing the required technical steps to provide the Services to our users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.
You represent and warrant that none of the following infringe any rights mentioned in the preceding paragraph: your provision of content to us, your causing content to be posted using the Services, and use of any such content (including of works derived from it) by us, our users, or others in contract with us that is done in connection with the Services and in compliance with these Terms.
Who is responsible for what I see and do on the Services?
You are solely responsible for any information or content publicly posted or privately transmitted through the Services by you or through a device linked to you, and you access all such information and content at your own risk. Sell Swap is not liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use any items or information posted, uploaded, shared, stored, or otherwise provided through the Services by other users (“Content”) or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We can't guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.
You are responsible for all User Submissions that you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. You will keep all your registration information accurate and current. You are responsible for all your activity in connection with the Services. Sell Swap shall have the right to remove any item or content that violates these Terms or is otherwise deemed objectionable by Sell Swap in its sole discretion.
The Services may contain links or connections to third party websites or services that are not owned or controlled by Sell Swap. When you access third party websites or use third party services, you accept that there are risks in doing so, and that Sell Swap is not responsible for such risks. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third-party website or service that you visit or utilize.
Sell Swap acts as an open marketplace for users to interact with other users to buy, sell and or swap products posted by users on the Services. Sell Swap is not involved in any transactions between buyers and sellers who use the Services and does not act as the buyer or seller (or agent for buyers or sellers, except as expressly provided herein) with respect to any such transactions. Sell Swap has no control over, does not endorse or guarantee, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party websites or by any third party that you interact with through the Services. In addition, Sell Swap will not and cannot monitor, verify, censor, or edit the content of any third-party site or service. By using the Services, you release and hold us harmless from any, and all liability arising from your use of any third-party website or service.
Your interactions with organizations and/or individuals found on or through the Services, including payment for and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Sell Swap shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings as further detailed below.
If there is a dispute between participants using the Services, or between users and any third party, you agree that Sell Swap is under no obligation to become involved. Sell Swap does not offer or provide refunds to buyers who have made purchases from sellers via the Services; any refunds are the obligations of the seller, as agreed between buyer and seller. Sell Swap reserves the right to publish the applicable guidelines, policies, and regulations to regulate sellers' or buyers' standards of behaviors and dispute resolution procedures for customer complaints, in which event such procedures will govern any refunds from the seller. In the event that you have a dispute with one or more other users, you release Sell Swap, its parent, affiliates and subsidiaries, and our and their respective officers, directors, employees and agents (collectively the “Releasees”) from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor."
Notwithstanding any other provision to the contrary contained herein, we will take responsibility for all payments made via our platform only in relation to the following activities: refunds, chargebacks, cancellations, and dispute resolution.
In the event that a dispute is raised and submitted to us, we will offer the first line of support and reserve the right to refund the Buyer if deemed appropriate in our discretion. In the event that a Buyer submits a chargeback, we will respond to the credit card networks on behalf of the Seller involved in the transaction. The Seller agrees to provide any requested information to us, and we reserve the right to recoup any outlays associated with Buyer chargebacks. If you have any problems with your order, you can contact our customer care team by sending an email to support@sellswapapp.com.”
What if I see something on the Services that infringes my copyright?
You may have heard of the Digital Millennium Copyright Act (the “DMCA”), as it relates to online service providers, like Sell Swap, being asked to remove material that allegedly violates someone's copyright.
We do not permit copyright infringing activities and infringement of intellectual property rights and will remove any photos or other content if properly notified that such content infringes on another's intellectual property rights. If you are a copyright owner or an agent thereof and believe that any content infringes upon your copyright, you may submit a notification by providing our Copyright Agent with the following information in writing:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest.
a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
identification of the URL or other specific location on the Services where the material that you claim is infringing is located.
your address, telephone number, and email address
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
To learn more about the DMCA, click here.
Authorization to Contact You, Recording Calls
Sell Swap may contact you using autodialed or prerecorded calls and text messages, at any telephone number that you have provided us, to: (i) notify you regarding your account; (ii) troubleshoot problems with your account; (iii) resolve a dispute; (iv) collect a debt; (v) poll your opinions through surveys or questionnaires; or (vi) as otherwise necessary to service your account or enforce these Terms, our policies, applicable law, or any other agreement we may have with you. Sell Swap may also contact you using autodialed or prerecorded calls and text messages for marketing purposes (e.g., offers and promotions), if you consent to such communications. As described in our Privacy Policy, Sell Swap may collect other telephone numbers for you and may place manual non-marketing calls to any of those numbers and autodialed non-marketing calls to any landline. Standard telephone minute and text charges may apply and may include overage fees if you have exceeded your plan limits. If you do not wish to receive such communications, you may change your communications preference at any time.
Sell Swap may, without further notice or warning and in its sole discretion, monitor or record telephone conversations you or anyone acting on your behalf has with Sell Swap or its agents for quality control and training purposes or for its own protection.
TERMS IN THIS SECTION ARE VOID WHERE PROHIBITED.
Electronic Communications
When you use the Sell Swap Service or send emails or other communications from your mobile device or desktop to us, you are communicating with us electronically. In doing so, you consent to receive communications from us electronically using the same channels of communication, including without limitation emails, mobile push notifications, or notices and messages on the website or through the Sell Swap Service, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Privacy of Others
If Sell Swap provides you with information about another user, you agree you will use the information only for the purposes it is provided to you. You may not disclose, sell, rent, or distribute a user's information to a third party for purposes unrelated to the Services. Additionally, you may not use the information for marketing purposes, via electronic means or other means, unless you obtain the consent of the specific user to do so.
Will Sell Swap ever change the Services?
We're always trying to improve the Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We'll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn't always practical. Similarly, we reserve the right to remove any User Submissions or Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed such User Submissions in violation of these Terms), in our sole discretion, and without notice.
Does the Sell Swap App cost anything?
Individual access and use of the Services are currently free. (We may make additional products and services available for purchase through the Services, as further described in these Terms below). If you choose to sell goods through the Services, you are responsible for all income taxes associated with purchase/use and sale/solicitation of any items/services through the Services. If you choose to purchase goods through the Services, you will be charged the listed price for such good or service, together with any applicable shipping fees and taxes. Shipping costs and taxes are not included in the listed price for any listings made available from sellers through the Service. The prices for listings displayed on the Services are quoted in US dollars. Prices are subject to change at any time before an agreement by both parties as to sales price is final. Sell Swap does not regulate agreements between parties, but merely serves to provide information regarding items for sale or swap according to these Terms. Payment and collection of applicable taxes (including sales, excise, import, export, VAT and other taxes or duties associated with the purchase/use and sale/solicitation of any listing) are the exclusive responsibility of the parties. it is the seller's responsibility to determine whether such taxes apply to a transaction and to collect, report, and remit the correct taxes to the appropriate tax authority. Sell Swap is not responsible for determining whether such taxes apply to a transaction or for collecting, reporting, or remitting any taxes arising from any transaction.
We reserve the right to charge you a processing fee if you deactivate your account. We also reserve the right to charge for certain or all Services in the future. We will try to notify you before any Services you are then using begin carrying a fee, but it may not always be possible. Any such changes are effective when we post information about the fee change through the Services. If you wish to continue using such Services, you must pay all applicable fees for such Services.
Payment for Goods or Services Using the Services.
We may offer you the ability to pay for goods or services online with a credit or debit card or other payment method that you designate in your Sell Swap account. All payments are facilitated through a third-party payment processor. Sell Swap does not collect, store, or retain your credit card or any other payment methods you provide to such third-party payment processing service provider for any purpose other than facilitation of these transactions and future communications with you. If you have provided Sell Swap a designated credit or debit card for making payments using the Services, you represent and warrant to Sell Swap that you are the authorized owner of such credit or debit card, and you authorize and direct our third-party payment processor(s) to make charges to such credit or debit card in payment of the goods and services purchased through your Sell Swap account.
All payment method information that you provide in connection with a purchase or transaction using the Services must be accurate, complete, and current. Otherwise, your transaction may not be able to be completed, and your purchase may be cancelled or delayed.
What else do I need to know if I want to make a sale/swap on the Services?
You must have the legal authority to sell and or swap the listings that you are posting through the Services. You must describe your listing and all terms of sale in your listing truthfully, accurately, reasonably, and completely in according with the Listing Guidelines. An offer to sell/swap may be retracted at any time prior to its acceptance, but not after. Sell Swap prohibits the posting or sale of any listing that is illegal to sell under any applicable law, statute, ordinance, or regulation, including without limitation content posted in our Prohibited Items Policy.
As a seller, you expressly represent and warrant to us that you are and will at all times be in full compliance all applicable federal, state, provincial and local laws, statutes, ordinances and regulations relating to the licensing, distribution, and sale of any products that you list or sell through the Services, including without limitation (i) the Consumer Products Safety Improvement Act of 2008, and all regulations promulgated by the U.S. Consumer Products Safety Commission, and (ii) the Indian Arts & Crafts Act of 1990 and any additional laws and regulations applicable to the sale of Indian arts and crafts.
What if I want to stop using Sell Swap?
You can deactivate your Sell Swap account. Please refer to our Privacy Policy, as well as the licenses above, to understand how we treat information you provide to us after you have stopped using our Services.
Sell Swap is also free to terminate (or suspend access to) your use of the Services or your account, for any reason in our discretion, including your breach of these Terms. Sell Swap has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.
If you deactivate the account, you can re-activate it by logging in again or retrieving your password at the login page. Account termination, deletion, or deactivation may result in destruction of any and/or all User Submissions or Content associated with your account, so keep that in mind before you decide to terminate your account. We will try to provide advance notice to you prior to our terminating your account so that you are able to retrieve any important User Submissions you may have stored in your account (to the extent allowed by law and these Terms), but we may not do so if we determine it would be impractical, illegal, not in the interest of someone's right, safety or security, or otherwise harmful to the rights or property of Sell Swap.
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.
In-App Products
Sell Swap offers users the opportunity to purchase additional products or services through the Services (“In-App Products”). You agree to be responsible for timely payment for all In-App Products purchased through your account and that Sell Swap may charge your payment method provided at the time of purchase, or other payment method associated with your account, for the price of In-App Products and any additional amounts (including any taxes and late fees, as applicable) that may be accrued in connection with such purchases. Applicable taxes will be based on the bill-to address and the tax rate in effect at the time you download the In-App Product. You represent and warrant to Sell Swap that you are the authorized owner of all methods of payment provided to us in connection with your account and that all payment method information furnished to us is accurate, complete, and current.
All sales of In-App Products are final. In-App Products are subject to the Disclaimers of Warranty set forth below.
Prices for In-App Products are subject to change at any time without notice, and the Services do not provide price protection or refunds in the event of a price reduction or promotional offering occurring after your purchase.
If an In-App Product becomes unavailable following Purchase and prior to use, you will be refunded upon request only. If technical problems prevent or unreasonably delay delivery of your In-App Product, you will be refunded upon request only. To request a refund, please contact support@sellswapapp.com.
Disclaimer of Warranties and Limitation of Liability
The Sell Swap Service is a marketplace platform that enables users to buy, sell and or swap products locally online. As such, Sell Swap possesses no ownership or control over the items sold through the platform, unless otherwise stated, and is generally not a party to the transaction of the sale carried out exclusively between a seller and interested buyer, nor does it review the products that a user provides through the Services. Accordingly, Sell Swap is not liable for and shall not be responsible, either directly or indirectly, for any disagreement between users of the marketplace. Any claim or dispute that may arise between users of the Services shall be settled by them, and the parties agree to hold Sell Swap harmless. Sell Swap is under no obligation to offer or provide refunds to buyers who have made purchases from sellers via the Services; any refunds are the obligations of the seller, as agreed between buyer and seller, but in all cases subject to any applicable dispute resolution procedures between buyers and sellers that may be established by Sell Swap from time to time in connection with the Services.
We try to keep our Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services. Additionally, Sell Swap shall in no case be responsible for the content operation and/or data protection or other terms referred to in other websites or applications that may be accessed by the inclusion of a hyperlink on the Services, or the content, services, or products offered on the same, unless such sites are owned by Sell Swap. The hyperlinks contained in the website or in the application may lead to a third party website, application, or service. Sell Swap assumes no responsibility for the content, information, or services that may appear on those sites.
THE SELL SWAP SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SELL SWAP SERVICES ARE PROVIDED BY SELL SWAP ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. SELL SWAP MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SELL SWAP SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SELL SWAP SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SELL SWAP SERVICES IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, SELL SWAP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SELL SWAP DOES NOT WARRANT THAT THE SELL SWAP SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SELL SWAP SERVICES, SELL SWAP’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM SELL SWAP ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SELL SWAP RELEASEES WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND ARISING FROM THE USE OF ANY SELL SWAP SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY SELL SWAP SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING, INCLUDING, BUT NOT LIMITED TO, SUCH DAMAGES RESULTING DIRECTLY OR INDIRECTLY FROM:
your use of or your inability to use our Services.
delays or disruptions in our Services.
viruses or other malicious software obtained by accessing or linking to our Services.
glitches, bugs, errors, or inaccuracies of any kind in our Services.
damage to your hardware device from the use of any Sell Swap Service.
the content, actions, or inactions of third parties, including items listed using our Services or the destruction of allegedly fake items.
a suspension or other action taken with respect to your account or breach of the using Sell Swap Section above.
the duration or manner in which your listings appear in search results as set out in the Listing Conditions Section above; or
your need to modify practices, content, or behavior or your loss of or inability to do business, as a result of changes to these Terms or our policies.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OF OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the price the item sold for on Sell Swap (including any applicable sales tax) and its original shipping costs or (b) $100.
No Guarantees or Endorsements. We make no guarantees or representations regarding the skills or representations of any provider offering services through our Services or the quality of the job that he or she may perform for you if you elect to retain their services. Sell Swap DOES NOT ENDORSE OR RECOMMEND THE SERVICES OF ANY PARTICULAR SERVICE PROVIDER. It is entirely up to you to evaluate a service provider's qualifications, and to enter into a direct contract or otherwise reach agreement with a service provider. We do not guarantee or warrant any service provider's performance on the job, or the outcome or quality of the services performed. The service providers are not employees or agents of Sell Swap, nor is Sell Swap an agent of the service providers.
No Contracting via Sell Swap. Sell Swap may inform you of certain offers or discounts provided by a service provider. Such offers or discounts are made solely by the service provider and Sell Swap does not guarantee or warrant the pricing or discounts that a service provider may offer you. Any quotes provided by service providers via the Sell Swap app, or that you find on the Sell Swap app, are not contractually binding offers, are for informational purposes only, and cannot be accepted on or via Sell Swap. No contractual arrangement is created based upon the quotes provided to you from service providers (or your scheduling of an appointment with a service provider) via Sell Swap. To contract with a service provider, you must work directly with the service provider. Sell Swap does not perform, and is not responsible for, any of the services requested by you in your service request. Your rights under contracts you enter into with service providers are governed by the terms of such contracts and by applicable federal, state, provincial and local laws.
Release
If you have a dispute with one or more users, you release us the Releasees from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release, you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims that you may know or suspect to exist in your favor at the time of agreeing to this release.
Assignment
You may not assign, delegate, or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Sell Swap’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
Indemnity
To the fullest extent allowed by applicable law, you will indemnify and hold the Releasees harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms, your improper use of Sell Swap’s Services or your breach of any law or the rights of a third party.
Miscellaneous
You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that the Sell Swap may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder.
You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Sell Swap, and you do not have any authority of any kind to bind Sell Swap in any respect whatsoever. Except as expressly set forth in the section above regarding the Apple Application, you and Sell Swap agree there are no third-party beneficiaries intended under these Terms.
Except as otherwise provided in these Terms, if any provision of these Terms is held to be invalid, void or for any reason unenforceable, such provision shall be struck out to the minimum extent necessary and shall not affect the validity and enforceability of the remaining provisions. In our sole discretion, we may assign these Terms, by providing notice of such assignment in accordance with these Terms.
Headings are for reference purposes only and do not limit 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 breaches. We do not guarantee we will take action against all breaches of these Terms.
Sell Swap policies may be changed from time to time. Changes take effect when posted.
If you create or use an account on behalf of a business entity, you represent that you are authorized to act on behalf of such business and bind the business to these Terms. Such account is owned and controlled by the business entity. No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms.
You and Sell Swap agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Sell Swap, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms.
The following Sections survive any termination of these Terms: User Submissions, Disclaimer of Warranties, Limitation of Liability, Release, Indemnity, and Legal Disputes.