ShopSellOrSwap.Com User Agreement
Welcome to ShopSellOrSwap.com! This document describes the terms and conditions on which ShopSellOrSwap.com offers a Member ("You") access to our services. If you have a question about these terms that is not addressed in this agreement, please contact us.
PLEASE READ THIS AGREEMENT CAREFULLY
This Agreement is effective as of 12:01 AM CST , November 1, 2007 , and may be modified again without notice, and at any time.
Acceptance of Terms
ShopSellOrSwap.com Is Only a Venue
ShopSellOrSwap.com acts as a matching service for Members to locate people to buy, sell, and negotiate the exchange of goods and services. We do not own or handle any of the goods and services listed on the site. As a result, we cannot verify or endorse the authenticity, availability, quality, safety, or legality of the posted advertisements, or the truth or accuracy of the content on our site.
User Sign-up Names
ShopSellOrSwap.com may, at it sole discretion, change or remove any member sign-up name. Action may be taken on names which:
- Represent any form of contact information (URL, email, phone, etc).
- Represent something ShopSellOrSwap.com and/or other members may consider obscene, offensive or inappropriate.
- Cause confusion or problems in our marketplace
User Obligations and Terms
You are solely responsible for your information, and we act as a passive conduit for your online distribution and publication. Your information (or content) includes any information you provide to us or other members during the registration, trading, or posting process, in any public message area or through any email feature, including all text descriptions and/or photographs, digital images, or renderings of your items and services. We may take any action with respect to such information we deem necessary or appropriate at our sole discretion if we believe it may create liability for us. You acknowledge that ShopSellOrSwap.com may not pre-screen content, but that ShopSellOrSwap.com and its designees have the right (but not the obligation) in their sole discretion to refuse, modify, or reorganize any content that is available via the service. In addition, ShopSellOrSwap.com has the right to suspend or terminate your account and refuse any and all current or future use of our service, at any time and at our sole discretion. ShopSellOrSwap.com reserves the right to change or discontinue, temporarily or permanently, some or all of our services at any time without notice.
- Content. You agree that your information and the content you post on ShopSellOrSwap.com:
- will be true, accurate, and up-to-date;
- will not be fraudulent or involve the sale of stolen or otherwise illegally obtained items;
- will not violate any law, statute, ordinance, or regulation (including but not limited to, and without limitation, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising);
- will not be defamatory, trade libelous, unlawfully threatening, or unlawfully harassing;
- will not be obscene or contain pornography in any form;
- will not contain any viruses, Trojan horses, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information;
- will not link directly or indirectly to or include descriptions of goods or services that (i) are prohibited under this Agreement or (ii) you do not have a right to link to or include;
- are in accordance with ShopSellOrSwap.com's Listing Guidelines .
- Fees. Unless otherwise stated, all monetary values are quoted in U.S. Dollars. You are responsible for paying all applicable fees, taxes and duties and for all costs you incur as part of the ShopSellOrSwap.com service. We reserve the right at any time, without notice, and at our sole discretion, to change some or all of our services, our Fees and Payments Policy , and/or the fees for our services.
- License. You agree to grant us a nonexclusive, worldwide, perpetual, irrevocable, royalty-free, sublicenseable (through multiple tiers) right to exercise the copyright and publicity rights (but no other rights) you have in your posted content, in any media now known or not currently known.
The Trading Process
- Negotiating. Members negotiate with each other through the process of formulating offers and counteroffers. Making an acceptance or confirmation of an acceptance constitutes an obligation for all parties involved to complete the transaction. Acceptances are not retractable except in exceptional circumstances. These circumstances may include, but are not limited to situations where a User materially changes the description of the item after your offer was made, or clear typographical errors were made, or when you cannot authenticate the identity of a User involved in the trade.
- Posting. Listings are text descriptions, graphics, and/or pictures on ShopSellOrSwap.com's website supplied by you that either (a) describe a good or service you have or provide (b) describe a good or service item you are seeking. You may post either or both of these types of listings on ShopSellOrSwap.com's site, provided that you place such listings in an appropriate category. ShopSellOrSwap.com is not responsible for the accuracy or content of listings. All listings are subject to approval based on ShopSellOrSwap.com Listing Guidelines .
- Disputes. ShopSellOrSwap.com is not responsible for resolving disputes between parties.
The Trading System
- System. You agree that you will not use any device, software, or routine to interfere or attempt to interfere with the proper working of the ShopSellOrSwap.com site or any transaction being conducted on our site. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure. You may not disclose or share your Password to any third parties or use your Password for any unauthorized purpose.
- Manipulation. You agree not to use a secondary account or third party to manipulate the outcome of a negotiation with another trader.
- Ratings . You may not take any actions which may undermine the integrity of the ratings system, such as leaving positive ratings for yourself using a secondary member account or third party, leaving negative ratings for other Users using secondary accounts or third parties, or leaving negative ratings if a User fails to perform some action that is outside the scope of the transaction. If your User rating is one star or lower, we may suspend your account, and you will no longer be able to participate in transactions.
General Legal Terms
- Our service is provided "as is." We will try very hard to make your experience with ShopSellOrSwap.com a pleasurable one; however, we cannot always foresee or anticipate technical or other difficulties. These difficulties may result in loss of data or other service interruptions. These terms are also noted in our Maintenance & Downtime Policy . For this reason, you agree that ShopSellOrSwap.com's services are provided "as is." We cannot assume responsibility for the timeliness, deletion, misdelivery, or failure to store any User data, communications, or personalization settings.
WE AND OUR SUPPLIERS PROVIDE THE ShopSellOrSwap.COM WEBSITE AND OUR SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights which vary from state to state.
- Suspension/Termination. We may immediately issue a warning, temporarily suspend, indefinitely suspend, or terminate your membership, any of your current listings, and any other information you place on the site if you breach this Agreement or if we are unable to verify or authenticate any information you provide to us. Without limiting any other remedies, ShopSellOrSwap.com may suspend or terminate your account if you are found (by conviction, settlement, insurance or escrow investigation, or otherwise) to have engaged in fraudulent activity in connection with our site.
- Limit of liability. YOU AGREE THAT IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE FOR THE ACTIONS OR INACTIONS OF OTHER USERS, LOST PROFITS OR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. OUR LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAID TO US IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) ONE HUNDRED DOLLARS($100). Some states do not allow the limitation of liability, so the foregoing limitation may not apply to you.
Indemnity. You agree to indemnify and hold harmless , both jointly and severally, us,our owners, officers directors, agents, heirs and assigns, subsidiaries, joint ventures and employees from any claim or demand, including but not limited to, breach of contract, fraud and reasonable attorney's fees, made by any third party due to or arising out of your transaction (s) on ShopSellOrSwap.com, whether completed or incompleted, and/or your breach of this User Agreement, or your violation of any law or the rights of a third party.
- General compliance with laws. You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service and your negotiations, listing, purchase, and sale of items and services.
- No agency. You and ShopSellOrSwap.com are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this User Agreement.
- Notices. Except as explicitly stated otherwise, ShopSellOrSwap.com may provide you with notices via email, regular postal mail, or postings on the ShopSellOrSwap.com web site.
- Arbitration. Any controversy or claim arising out of or relating to this Agreement shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of Alabama , and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or ShopSellOrSwap.com may seek any interim or preliminary relief from a court of competent jurisdiction in the State of Alabama necessary to protect rights or property pending the completion of arbitration.
- Jurisdiction and Venue. This Agreement shall be governed in all respects by the laws of the State of Alabama . You agree that any legal action brought against ShopSellOrSwap.com, inc. shall be governed by the laws of the State of Alabama without regard to its conflict of law principles, and that the sole jurisdiction and venue for any litigation arising from your use of ShopSellOrSwap.com shall be an appropriate federal or state court located in the State of Alabama . If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
- Other Agreements. If you and ShopSellOrSwap.com have entered into a separate written agreement that covers your use of ShopSellOrSwap.com, the terms and conditions of such agreement shall control to the extent that they are inconsistent with this User Agreement.