You may use our Web site, content, services, and applications of Swopsmart.com (the "Website") only on the condition that you abide by the following terms of this website agreement.
BY USING THE WEBSITE AND/OR BY REGISTERING TO OPEN AN ACCOUNT WITH US, YOU SIGNIFY YOUR AGREEMENT TO THE FOLLOWING TERMS AND CONDITIONS. ("SITE TERMS").
1. About The Site Terms. Swopsmart is a service accessible by Swopsmart LLC and its affiliates ( "Swopsmart.com", "we", "our" or "us"). The Site Terms have the same effect as an agreement in writing and govern your use of the Website. If you do not agree to the Site Terms, do not use the Website. We may modify the Site Terms at any time. If you do not agree to the changes, you may discontinue using Swopsmart.com before the changes take effect. If you continue to use Swopsmart.com after any such changes take effect constitutes your acceptance to such changes. Each time you visit or log into the Website, you reaffirm your acceptance of the Site Terms. You are responsible for regularly reviewing the Site Terms, by clicking on the "Legal" link at http://www.swopsmart.com/legal. The Site Terms may be supplemented by additional terms and conditions applicable to privacy, specific areas of this Website, or to particular content or transactions are posted in particular areas of the site and, together with these Site Terms, govern your use of those areas, content, or transactions.
2. Website. Swopsmart gives users (you) the ability to sell or submit a certain new or used product for recycling (collectively, the "Product") subject to these Site Terms. You agree that all transactions will be performed electronically and that the terms of any offer to sell or recycle any Product will be governed by Swopsmart.com's Terms of Sale Agreement located at http://www.swopsmart.com/legal . We may, in our sole discretion, change or discontinue any or all aspects of the Website at any time, without notice, and without liability to you.
3. Registration. Registration is not required to visit and view the Website, or to get a quote from us; however, you will need to register with us and create an account if you would like to use all of the Website's services and features or to complete a transaction with us. If you register to open an account, you agree to provide accurate, complete registration information. You must be legally capable to enter into contracts. It is your responsibility to make any updates to that information. Each registration is for a single person only, unless specifically designated otherwise on the registration page. We do not permit any other person using the registered sections under your name. You are responsible for preventing such unauthorized use. If you believe there has been unauthorized use, you should notify Swopsmart.com immediately by emailing service@swopsmart.com or submitting a contact form at swopsmart.com.
4. Ownership. Swopsmart contains information, content, photographs, designs, graphics, images, animation and other materials and effects (collectively, the "Content") that are protected by copyrights, trademarks, service marks, trade dress or other intellectual or proprietary rights owned by swopsmart.com or other third parties. All trademarks and copyrighted information contained on the Website are the property of their respective owners. Further, Swopsmart retains all rights (including intellectual property rights), title and interest in the Website, technology, and all underlying technology and data including any enhancements, software, applications and improvements related to the Website (the "Technology")(the terms Content and Technology collectively will be referred to as the "Materials"). You may not remove from any electronic or printed copy any copyright, trademark, or other proprietary notice.
5. The Use of Website and Materials. Swopsmart.com provides the Website and the Materials for your individual, non-commercial use and solely for the purpose of carrying out individual transactions with the Website. Any other use of the Website or the Materials is strictly prohibited . You may not, either directly or indirectly:
A. Modify, republish, redistribute, delete, resell, sublicense, publicly perform, cache by proxy the Website or Materials without the express written permission of Swopsmart or the applicable rights holder;
B. Use the Materials for telemarketing, direct marketing, and commercial mass e-mail or by agents or representatives or e-mail spammers;
C. Reverse engineer, decompile, disassemble, merge, copy, use, disclose, rent, lease, loan, sell, sublicense or transfer the underlying source code or structure or sequence of the Technology or delete or alter author attributes or copyright notices;
D. Use any network monitoring or discovery software to determine the site architecture, or extract information about usage or users;
E. Reformat or frame any portion of the Website or Materials;
F. Use any device, software or routine that interferes with the proper working of the Website, or otherwise attempt to interfere with the proper working of the Website;
G. Allow others to use the Website under or through your account login ID/email and password;
H. Take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure;
I. Violate the Site Terms, applicable law or the rights of others; or Disrupt or interfere with the security of, or otherwise cause harm to, the Website.
Any permitted use of the Website does not extend to using the Website or Materials for any illegal purpose, or to transmit to or through the Website or to or through any service any illegal, harmful, threatening, defamatory, obscene, hateful, pornographic or other objectionable material of any kind, or to interfere with, abuse or otherwise violate the legal rights of any third party using the Website or Materials.
Without limiting other remedies, we may limit, suspend, or terminate our service and user accounts, prohibit access to our website, remove hosted content, and take technical and legal steps to keep users off the Sites if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts.
6. LicenseBy using the Swopsmart Website, uploading content to or submitting any materials for use on the Website, you grant (or warrant that the owner of such rights has expressly granted Swopsmart a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials and/or information generated through use of the Website or incorporate such materials and/or information generated through use of the Website into any form, medium, or technology now known or later developed throughout the universe. We need these rights to host and display your content.
7. Linking. You may provide links only to the homepage of this Website, provided (a) you do not remove or obscure, by framing or otherwise, any portion of the homepage, (b) you give Swopsmart.com notice of such link by sending an e-mail to service@swopsmart.com and (c) you discontinue providing links to this Website if requested by Swopsmart.com If you wish to provide links to a section within the Website, you should forward your request to Swopsmart.com at service@swopsmart.com and Swopsmart.com will notify you if, within its sole and unfettered discretion, permission is granted, and, if so, the terms and conditions of the permission.
8. Representations. You represent and warrant to us that (a) you are legally capable to enter into contracts, (b) you are providing us at all times true, accurate and up to date information about yourself, (c) you will comply at all times with the Site Terms and applicable law and (d) your use of the Website and any transactions that you make with us will not violate the rights of any third party.
9. Disclaimer. Swopsmart makes every effort to ensure the information presented in, on or through its Website is accurate, however, because Swopsmart communicates information provided and created by software developers, publishers, marketing agents, resellers and other third parties, Swopsmart has no control over the accuracy of such information, and makes no guarantee as to such information, and is not responsible for the information, including its accuracy, currency, content, quality, copyright compliance or legality, or any resulting loss or damage.
10. Warranty, Liability, Indemnification. Swopsmart.com makes no representations regarding the availability and performance of its Website. You hereby acknowledge that any use of the Website and reliance upon any Materials shall be at your sole risk and that Swopsmart.com shall not be liable for any loss of data, lost profits or any other damages or losses resulting from such use.
THE WEBSITE AND MATERIALS ARE PROVIDED BY SWOPSMART.COM ON AN "AS IS" BASIS AND AS AVAILABLE, WITHOUT ANY WARRANTY OR REPRESENTATION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. SWOP SMART EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND THE IMPLIED CONDITIONS OF SATISFACTORY QUALITY AND ACCEPTANCE AS WELL AS ANY LOCAL JURISDICTIONAL ANALOGUES TO THE ABOVE AND OTHER IMPLIED OR STATUTORY WARRANTIES. WE MAKE NO REPRESENTATIONS THAT THE WEBSITE OR MATERIALS WILL MEET YOUR REQUIREMENTS, OR THE RESULTS THAT YOU MAY GAIN FROM YOUR USE OF THE WEBSITE.
IN NO EVENT SHALL SWOPSMART.COM, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS OR CONTRACTORS BE LIABLE FOR ANY COMPENSATORY, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR ANY CLAIMS OF YOU OR OTHER THIRD PARTIES WHATSOEVER WITH RESPECT TO THE WEBSITE OR THE MATERIALS REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM ANY MISTAKE, OMISSION, VIRUS, DELAY OR INTERRUPTION IN OPERATION OR SERVICE OR FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM AN ACT OF GOD, COMMUNICATIONS FAILURE, THEFT OR OTHERWISE. SWOPSMART SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES WHATSOEVER RESULTING FROM ANY FAILURE OF THE INTERNET. Some states do not allow the exclusion or limitation of liability of consequential or incidental damages, so the above exclusions may not apply to all users; in such states liability is limited to the fullest extent permitted by law.
SWOPSMART.COM DOES NOT GUARANTEE THAT ANY CONTENT, INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE THROUGH THE WEBSITE WILL BE FREE OF VIRUSES, "WORMS", "TROJAN HORSES", OR THEIR HARMFUL COMPONENTS. SWOPSMART.COM'S ENTIRE LIABILITY AND YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF ANY SERVICES PROVIDED BY SWOPSMART.COM SHALL BE CANCELLATION OF YOUR ACCOUNT.
11. Indemnity. You agree to indemnify, defend, and hold harmless Swopsmart.com, its parent, subsidiaries, affiliates, officers, directors, employees, agents, representatives, vendors and distributors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that such parties may incur as a result of or arising from your (or anyone using your account's) violation or breach of any representation or obligation under these Site Terms. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with our defense of such claim.
12. Privacy. We view protection of users' privacy as a very important community principle. When you open an account and use the Website, we collect information about you. You agree that we may collect and use your information in accordance with the Swopsmart Privacy Policy, which you can review by going to http://www.swopsmart.com/legal . If you object to your information being transferred or used in this way please do not use our services.
13. Electronic Notices and Transactions. You agree to transact with us electronically. This means you agree to accept and terms and conditions and to transact any sale or recycling of your Product with us by electronic means. You authorize us to send you important notices about the Website and any pending transactions to an email address you provide to us, if you are a registered account holder or, in the alternative, by posting a notice on the Website. It is your duty to keep your email address up to date and to maintain a valid email address and to ensure that emails we send you are not filtered or stopped by spam filters or other types of email blocking functionalities. If you no longer desire to transact electronically with us, you may no longer use the Website. You can retrieve and review these Site Terms at any time by visiting http://www.swopsmart.com/legal.
14. Access. You are responsible for obtaining at your own expense all equipment and services needed to access and use the Website, including all devices, Internet browsers and Internet access. If you access the Website or a Website application through a mobile or wireless device, you are responsible for all fees that your carrier may charge you for data, text messaging and other wireless access or communications services.
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