Keeping the Earth green one swap at a time
 
 

                                        


SwapBabyGoods.com
Terms & Conditions / User Agreement

THE FOLLOWING DESCRIBES THE TERMS ON WHICH SWAPBABYGOODS.COM OFFERS YOU ACCESS TO OUR SERVICES. 

Welcome to the user agreement (the "Agreement" or "User Agreement") for Swapbabygoods.com. This Agreement describes the terms and conditions applicable to your use of our services available under the domain and sub domains of swapbabygoods.com. If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access our services. If you reside outside of the United States then membership to our site is not currently available. 

You must read, agree with and accept all of the terms and conditions contained in this User Agreement and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you may become a member of swapbabygoods.com. We strongly recommend that, as you read this User Agreement, you also access and read the information contained in the other pages referred to in this document, as they may contain further terms and conditions that apply to you as a swapbabygoods.com user.

We may amend this Agreement at any time by posting the amended terms on the Site. Except as stated below, all amended terms shall automatically be effective 30 days after they are initially posted on the Site. You should review these terms and conditions periodically to become familiar with any amendments. Your continued use of the Site after the effective date of an amendment shall constitute your acceptance of such amendment. This Agreement is effective upon acceptance in registration for new registering users.

1. Membership Eligibility. Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended swapbabygoods.com members. If you are under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use our site. Further, your swapbabygoods.com account and User ID may not be transferred or sold to another party. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement. 

We reserve the right (a) to suspend or terminate any Member's access to the swapbabygoods.com, or parts of it, and/or (b) to edit, or require the Member to edit, material posted on the swapbabygoods.com, if the relevant member or material appears to us to be in breach of any provision of this Agreement. Any person whose access has been suspended or terminated must not re-register for, or re-access swapbabygoods.com, without our prior consent. You are responsible for everything which is done on or through the swapbabygoods.com while your membership account is logged on to the swapbabygoods.com, or through your email address(es).

2. Fees and Services. Joining and browsing the website is free of cost. We offer two types of accounts; Basic and Premier. With a Basic account a member cannot have more than 10 baby item listings, 5 kids item listings, 5 mommy item listings and 5 wanted listings at any given time. A Premier account member can have up to 30 baby item listings, 10 kids item listings, 10 mommy item listings and 10 wanted listings at any given time. We may change our Fees and Credits Policy for our services from time to time. Our changes to the policy are effective after we provide you with at least fourteen (14) days' notice of the changes by posting the changes on the website. However, we may choose to temporarily change our Fees and Credits Policy for our services for promotional events (for example, free listing days) and such changes are effective when we post the temporary promotional event on the site. We may in our sole discretion change some or all of our services at any time. In the event we introduce a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees associated with using our service and the website and all applicable taxes.

3. Swapbabygoods.com is a Venue. Swapbabygoods.com is an online marketplace connecting consumers looking to buy, sell or swap baby related items.  All the items listed on our site must be transferable. We operate on a fixed price format and allow our sellers to set the price of their item. We are not involved in the actual transaction between buyers, sellers and swappers and shall have no liability or responsibility for any transaction. As a result, we have no control over the quality of the items advertised, the truth or accuracy of the listings or the ability of sellers to sell items. We cannot ensure or guarantee that a seller will actually complete a transaction. Consequently, we do not transfer legal ownership of items from the seller to the buyer or swapper.

We use many techniques to verify the accuracy of the information our users provide us when they register on the site. However, user verification on the Internet is difficult, we cannot and do not confirm each user's purported identity. We also encourage you to communicate directly with potential trading partners through the tools available on the site.

Because we are a venue, in the event that you have a dispute with one or more users, you release swapbabygoods.com (and our officers, directors, agents, subsidiaries, joint ventures and employees) from 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 disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." Other states may require similar waivers and you hereby waive the same.

We do not control the information provided by other users that is made available through our system. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using the site. Please note that there are also risks of dealing with underage persons or people acting under false pretense. By using this site, you agree to accept such risks and SwapBabyGoods.com is not responsible for the acts or omissions of users on the site.

4. Listing and Selling.
4.1 Listing Description. You must be legally able to sell the item(s) you list for sale on the site. You must describe your item and all terms of sale on the listing page of the site. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All listed items must be listed in an appropriate category.

4.2 You are obligated as the Seller or Swapper to complete the transaction with the Buyer or Swapper, unless there is an exceptional circumstance i.e., the buyer/swapper fails to meet the terms of your listing (payment method), or you cannot authenticate the buyer's/swapper’s identity.

4.3 Fraud. Without limiting any other remedies, swapbabygoods.com may suspend or terminate your account if we in our sole discretion suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the site or any other practices that are offensive, harmful, inaccurate or deceptive.

4.4 We work to ensure that listed items do not infringe upon the copyright, trademark or other rights of third parties. Any such items will be removed.

4.5 Manipulation. Buyers and Sellers cannot manipulate the price of any item or interfere with user's listings or transactions in any way.

5. Accepting the Seller's/Swapper’s offer/Buying. As a Buyer/Swapper you are obligated to complete the transaction with the Seller/Swapper. If you buy an item for cash as listed by the seller/swapper at the price specified by the seller/swapper or have agreed to swap for another item unless law prohibits the transaction. By buying, selling or swapping you agree to be bound by the conditions of the transaction included in the item's description so long as those conditions of deal are not in violation of this agreement or deemed unlawful.

6. Your Information.
6.1 Definition. "Your Information" is defined as any information you provide to us or other users in the registration and listing process or through any email feature. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information.

6.2 Restricted Activities. Your Information (or any items listed) and your activities on the Site shall not: (a) be false, inaccurate or misleading; (b) be fraudulent or involve the sale of counterfeit or stolen items; (c) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) be obscene or contain child pornography or, if otherwise adult in nature or harmful to minors, (g) contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and (i) link directly or indirectly to or include descriptions of goods or services that: (aa) are prohibited under this Agreement; (bb) are concurrently listed for sale on a web site other than swapbabygoods.com (this does not prevent linking to or advertising swapbabygood’s item from another web site); or (cc) you do not have a right to link to or include. Furthermore, you may not list any item on the site (or consummate any transaction that was initiated using our service) that, by paying to us the listing fee, could cause us to violate any applicable law, statute, ordinance or regulation, or that violates our current Prohibited, Questionable and Infringing Items. This site is solely and exclusively for listing baby related items, we have the right to remove any listing without any notice which we think is inappropriate or irrelevant. Examples of prohibited items are any recalled products, expired or damaged items, any medicines, any item which could cause danger in any way to anyone, non-transferable items etc. You should also describe the condition of your item accurately. Any used clothing should be washed according to the instructions before swapping or selling. Please contact us for the complete list of prohibited items or if you are not sure about a certain item or for any other questions.

6.3 License. Solely to enable SwapBabyGoods.com to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. Swapbabygoods.com will only use Your Information in accordance with our Privacy Policy.

7. Access and Interference. The site contains robot exclusion headers. Much of the information on the site is updated on a real time basis and is proprietary or is licensed to SwapBabyGoods.com by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for Your Information) from the site without the prior expressed written permission of swapbabygoods.com and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of the site or any activities conducted on the site; or (iv) bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the site.

 8. Breach. Without limiting other remedies, we may limit your activity, immediately remove your item listings, warn our community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you if: (a) you breach this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.

9. Privacy. We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and we only use your information as described in the Privacy Policy. We view protection of users' privacy as a very important community principle. We understand clearly that you and your information is one of our most important assets. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. We may use third parties to verify and certify our privacy principles. If you object to your Information being transferred or used in this way please do not use our services. 

10. No Warranty. We, our subsidiaries, officers, directors, employees and our suppliers provide our web site and services "as is" and without any warranty or condition, express, implied or statutory. We, our subsidiaries, officers, directors and our employees specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.

 The site and the services are provided on an "as is" basis. Customer's use of and reliance thereon are at customer's own and sole risk. Swapbabygoods.com makes no other representations or warranties of any kind, express or implied, including without limitation:

  • The implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement;
  • That the site or the services will meet your requirements, will always be available, accessible, uninterrupted, timely, secure or operate without error;
  • Any implied warranty arising from course of dealing or usage of trade; and
  • Any obligation, liability, right, claim or remedy in tort, whether or not arising from the negligence of swapbabygoods.com.

11. Liability Limit. In no event shall we, our subsidiaries, officers, directors, or employees be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or this agreement (however arising, including negligence). In any case SwapBabyGoods.com, our subsidiaries, officers, directors, or employees will not be held liable for any bad trade between the two parties.

12. Indemnity. You agree to indemnify and hold us and (as applicable) our subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.

13. Legal Compliance. You shall comply with all applicable domestic laws, statutes, ordinances and regulations regarding your use of our service and your listing, purchase, swap, solicitation of offers to purchase/swap, and sale of items.

14. No Agency. You and SwapBabyGoods.com are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

15. Arbitration. You agree that any controversy or claim arising out of or relating to this agreement or our services 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 Kansas City, Missouri, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or SwapBabyGoods.com may seek any interim or preliminary relief from a court of competent jurisdiction in Kansas City, Missouri, if necessary to protect the rights or property of you or SwapBabyGoods.com pending the completion of arbitration and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these terms and conditions.

16. Additional Terms. The following policies are incorporated into this Agreement by reference and provide additional terms and conditions related to specific services offered on the Privacy Policy, Help and Community. Each of these policies may be changed from time to time and are effective immediately after we post the changes on the site. In addition, when using particular services on the site, you agree that you are subject to any posted policies or rules applicable to services you use through the site, which may be posted from time to time. All such posted policies or rules are hereby incorporated by reference into this Agreement.  

17. Disclosures. The services hereunder are offered by SwapBaby Goods.com. Disputes between you and swapbabygoods.com regarding our services may be reported to CustomerService@swapbabygoods.com.  We encourage you to report all user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity.

Discussion Forum Rules / Terms of use

While the administrators or moderators of SwapBabyGoods.com forums will attempt to remove or edit any generally objectionable material as quickly as possible, it is impossible to review every message. Therefore you acknowledge that all posts made to these forums express the views and opinions of the author and not the administrators, moderators or webmaster (except for posts by these people) and hence will not be held liable.

We have a zero tolerance policy for spammers. No advertisements, no soliciting, no spam please! You will be permanently banned without any notice. Please note that SwapBabyGoods.com forums are not open to vendors/merchants or any of their partners/affiliates to post or promote any commercial business. Please contact us if you like to advertise on the website.

Our forums are for discussion only; please do not post any item for sale/swap here. All such posts will be deleted. All the messages will be permanently deleted after 90 days.

You agree not to post any abusive, obscene, vulgar, slanderous, hateful, threatening, sexually-oriented or any other material that may violate any applicable laws. Doing so may lead to you being immediately and permanently banned (and your service provider being informed). The IP address of all posts is recorded to aid in enforcing these conditions. You agree that the webmaster, administrator and moderators of this forum have the right to remove, edit, move or close any topic at any time should they see fit. As a user you agree to any information you have entered above being stored in a database. While this information will not be disclosed to any third party without your consent the webmaster, administrator and moderators cannot be held responsible for any hacking attempt that may lead to the data being compromised.

By registering you agree to our Terms of Service & Privacy Policy, and that you are at least 18 years of age.

 

                                   
 

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