Privacy Policy

Swap It Sports Terms of Use

Effective November 15, 2023

Please read the following carefully. These Terms of Use (these “Terms”) govern your access to and use of the Swap It Sports LLC (“Swap It Sports,” “we,” “us,” “our”) website at Swap It Sports.com (the “Site”), from using our mobile application (the “App”), and the products and services provided therein (collectively, the “Service”). “You” or “your” or similar terms refer to you as a user of our Service.

This is a binding agreement. If you use the Service or click accept or agree to these Terms if presented to you in a user interface for the Service, we will understand this as your acceptance of these Terms and your agreement to all of its terms and conditions. By accepting these Terms or using the Service, you represent and warrant that you have the legal capacity to enter a contract in the jurisdiction where you reside. If you are entering into these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that party to these Terms, and in such event and unless otherwise noted, “you” and “your” will refer and apply to that party. If you do not agree to all of these Terms, you are not authorized to use the Service and you must promptly cease using it.

By agreeing to these Terms, you expressly agree to the arbitration of all Disputes as further described below. Any controversy, allegation, or claim that arises out of or relates to the Service, these Terms, or any additional terms, whether heretofore or hereafter arising (collectively, a “Dispute”), except for any controversy, allegation, or claim that arises out of or relates to our actual or alleged intellectual property rights (an “Excluded Dispute”), shall be finally resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and that these Terms do not permit class arbitration, or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. The arbitrator or arbitral panel may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. In the event the prohibition on class arbitration is deemed invalid or unenforceable, then the remaining portions of the arbitration provisions will remain in force.

Your Access to the Service
Permitted Use and Restrictions
Privacy
Swap It Sports Accounts, Account Security, and Fees
Payment Processor
Listing and Purchasing Conditions
Promoted Listings
In-Person Pick-up/Delivery and Assumption of Risk
Refunds
Location
Submitted Content
DMCA Notice
Submissions
Intellectual Property Rights
Third-Party Sites and Services
Notice for California Residents Pursuant to California Civil Code Section 1789.3
Indemnity
Warranty Disclaimer
Limitation of Liability
Termination
Communication Between Us
Governing Law
Disputes With Other Users
Disputes With Swap It Sports
Other Important Terms
Changes to These Terms
Contact Information
Your Access to the Service
1. Internet Access. When using the Service on your mobile, laptop, desktop, or other device (your “Device”), you acknowledge and agree that you are responsible for (i) maintaining Internet access for your Device and (ii) any Internet connection and telecommunications fees and charges that you incur.
2. Your Device. Swap It Sports is not responsible for the operation of your Device. You are responsible for ensuring the system functions of your Device are in working order when accessing the Service, including, but not limited to screen display operation features of your Device.
3. No Guarantee. Access to the Service may be suspended temporarily and without notice (i) in the event of system failure, (ii) for maintenance or repair, (iii) where we reasonably suspect there has been a breach of these Terms, (iv) for reasons reasonably beyond our control, or (v) as otherwise explained in these Terms.
Permitted Use and Restrictions
1. License Grant. Subject to the terms and conditions of these Terms, Swap It Sports hereby grants you a limited, non-exclusive, personal, revocable, non-transferrable, non-sublicensable, and non-assignable license to access and use the Service (including updates and upgrades that replace or supplement it in any respect and which are not distributed with a separate license, and any documentation) solely for use on a Device that you own or control. We reserve all other rights, which are not granted in these Terms.
2. Use Restrictions. You may not access or use the Service in any way that is not expressly permitted by these Terms. You may not: (i) cause, permit or authorize the modification, copy, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Service; (ii) sell, assign, rent, lease, or grant rights in the Service, including, without limitation, through sublicense, to any other person or entity; or (iii) use the Service for any unlawful, prohibited, abnormal or unusual activity as determined by Swap It Sports in its sole discretion.
3. Eligibility. In order to access and use the Service or register an Account you must be an individual at least 18 years of age or a duly organized, validly existing business, organization, or other legal entity in good standing under any and all applicable laws and able to enter into legally binding contracts. Individuals under the age of 18 are not permitted to utilize the Service.
4. Investigations. We may, but are not obligated to, monitor, or review our Service at any time. If we become aware of any possible violations by you of these Terms, we reserve the right to investigate such violations, and we may, at our sole discretion, immediately terminate your license to use the Service pursuant to Section 20 (Termination) below.
5. Violation of these Terms. You must not use (or permit a third-party to use) the Service: (i) in any unlawful manner, for any unlawful purpose, or to act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Service or any operating system used by the Service; (ii) in a way that could damage, disable, overburden, impair or compromise our systems or security, or interfere with other users; (iii) to collect or harvest any information or data from the Service or our systems or attempt to decipher any transmissions to or from the servers running the Service; (iv) via use of a robot, spider, or other automated device to monitor or copy the Service or any information provided by the Service; (v) to send, knowingly receive, upload, download, use, or re-use any material which does not comply with these Terms; or (vi) to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam). You acknowledge and agree that you are solely responsible, and Swap It Sports has no responsibility or liability to you or any other person or entity for, any breach by you of these Terms or for the consequences of any such breach.
Privacy
1. These Terms also incorporate the terms of our Privacy Policy (as updated from time-to-time). Our Privacy Policy explains how your personal information will be collected and used as well as other information regarding your privacy (such as how you can adjust your privacy settings). By agreeing to these Terms, you are also agreeing to the Privacy Policy and you consent to (i) the processing of your personal information as explained in the Privacy Policy and (ii) the collection of information from your device as explained in the Privacy Policy.
Swap It Sports Accounts, Account Security, and Fees
1. Swap It Sports Account. To use certain features of the Service, you may be required to create a Swap It Sports account (an “Account”) and provide us with a username, password, and certain other information about yourself. You are solely responsible for the information associated with your Account and anything that happens related to your Account. You agree to provide true, accurate, current, and complete information as requested by any forms and maintain and update such information to keep it true, accurate, current, and complete.
2. Account Security. Maintaining Account security is very important. You are solely responsible for maintaining the confidentiality of your account passwords. You agree to notify Swap It Sports immediately if you become aware of any unauthorized use of your password or your Account.
3. Account Sharing or Transfers. Accounts are registered to you personally and may not be sold, traded, gifted, or otherwise transferred at any time under any circumstances. You may not share your Account with, or disclose your password to, anyone else.
4. Fees. You agree to pay all applicable fees and taxes incurred by you or anyone using your Account. YOU ACKNOWLEDGE YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT, INCLUDING ANY UNAUTHORIZED CHARGES.
Payment Processor
1. Swap It Sports has integrated with one or more payment processing service providers (each, a “Payment Processor”) to allow users to make payments and receive sales proceeds using the Payment Processor’s payment processing services (each, a “Payment Solution”). As such, you may be required to create an account with the Payment Processor (the “Payment Processor Account”) to use certain features of the Service. You agree to provide true, accurate, current, and complete information as requested by any Payment Processor forms and maintain and update such information to keep it true, accurate, current, and complete.
2. By creating a Payment Processor Account, you may be required to enter into one or more agreements with the Payment Processor (“Payment Processor Agreements”). Your use of the Payment Solution is subject to the Payment Processor’s confirmation that you meet the Payment Processor’s enrollment criteria. A Payment Processor may impose limits on your ability to make payments or receive sales proceeds through the Payment Solution. Swap It Sports is not a party to the Payment Processor Agreements and will not be liable or responsible for the Payment Solution provided by any Payment Processor.
3. If a Payment Processor discontinues providing services in connection with the Service, you authorize the Payment Processor to share your payment method information with an alternative third-party payment processor that is or will be integrated into the Service.
4. THE PAYMENT PROCESSOR MUST ACCEPT YOUR APPLICATION FOR A PAYMENT PROCESSOR ACCOUNT BEFORE YOU CAN MAKE PAYMENTS OR RECEIVE SALES PROCEEDS VIA THE SERVICE. IF A PAYMENT PROCESSOR REJECTS YOUR APPLICATION OR YOU DO NOT ESTABLISH A PAYMENT PROCESSOR ACCOUNT, THEN WE AND/OR THE PAYMENT PROCESSOR MAY DISABLE OR LIMIT YOUR ABILITY TO MAKE PAYMENTS OR RECEIVE SALES PROCEEDS.
Listing and Purchasing Conditions
1. Swap It Sports provides a peer-to-peer marketplace for users to list and sell sporting equipment (each a “Listing”). A user that posts a Listing is the seller and is referred to herein as the “Seller.” A user that chooses to purchase or makes an offer to purchase equipment in a Listing is the buyer and is referred to herein as the “Buyer.” The “Listing Item” is the equipment made available for sale in a Listing by a Seller to Buyers through the Service.
2. You agree not to enter into a purchase agreement or otherwise conduct any sales outside of the Service with a Seller or Buyer initially discovered through the Service. Any efforts to move Listings initiated on the Service to outside the Service is strictly prohibited and may result in Account suspension or termination. Any transaction initiated on the Service but completed outside the Service will not be protected by any of Swap It Sport’s policies or protections, including, but not limited to, these Terms.
3. If you post a Listing on our Service, you, as the Seller, agree that:
  1. Swap It Sports reserves the right to terminate any Listing in its sole discretion.
  2. Seller represents and warrants that Seller is located in the United State and will use the Service to sell to individuals located in the United States.
  3. Seller assumes full responsibility for Listing Items offered and the accuracy and content of the Listing.
  4. Seller represents that any Listing Item is sporting equipment and is not any of the following: alcohol; an illegal drug, prescription drug, over-the-counter drug, or drug paraphernalia; a live animal; a firearm, weapon, or knife; hazardous material; a medical device; human remains or body parts; stolen property; a counterfeit item; a lock picking device; a digital asset, token, or currency; a financial instrument; pornography; a mystery item, giveaway, lottery, sweepstakes, random drawing, raffle, contest, or similar opportunity to win an item by chance or contest; or otherwise illegal to own, possess, rent, or sell under applicable law.
  5. Swap It Sports may supplement, remove, or correct information associated with any Listing if any content in the Listing violates these terms or law, as determined by Swap It Sports in its sole discretion.
  6. Swap It Sports takes a number of factors into consideration, including whether a Listing is promoted, when determining the appearance or placement of a Listing in search results and a Listing may not appear in some search results. Promoted Listing are subject to the terms listed in Section 7 (Promoted Listings) below.
  7. Seller enters into a legally binding contract to sell a Listing Item when Buyer commits to buying the Listing Item or Seller accepts Buyer’s offer to buy the Listing Item.
  8. Swap It Sports charges Sellers a fee for each sale transaction (the “Service Fee”). For any sale transaction under fifteen dollars ($15.00), Swap It Sports charges a Service Fee of two dollars and ninety-five cents ($2.95). For any sale transaction in the amount of fifteen dollars ($15.00) or more, Swap It Sports charges a Service Fee of a twenty percent (20%) of one hundred percent of the sale transaction price. Seller agrees to the Service Fee for the sale transactions in which Seller engages through the Service. Swap It Sports reserves the right to change the Service Fee from time to time. Swap It Sports may, at any time and for any reason, provide a discount or to some or all of our Sellers. The provision of a discount in one instance does not entitle a Seller to discounts in the future, nor does it obligate us to provide discounts in the future, under any circumstance.
  9. Prices must be listed in U.S. dollars and transactions through the Service will be in U.S. dollars.
  10. Swap It Sports collects the total price of a purchased Listing Item at the time a Buyer purchases the Listing Item or, if the Buyer makes an offer, at the time the Seller accepts the offer.
  11. Seventy-two (72) hours after the Buyer confirms receipt of the Listing Item (if the Listing Item is delivered in person) or after the order shipment has been delivered (if the Listing Item is shipped to the Buyer) funds in the amount of the Listing price less the applicable Service Fee (“Sale Proceeds”) will be available to the Seller to collect in the Seller’s Account. To collect the Sale Proceeds, Seller must request the Sale Proceeds from their Account through the Service. Seller agrees to pay the Service Fee for the sales transaction in which Seller engages through the Service.
  12. When shipping a Listing Item to a Buyer, Seller must mail the Listing Item within three (3) business days for the purchase or offer acceptance.
  13. Sellers are not liable for pre-existing damage or issues with a Listing Item in a Listing.
  14. Swap It Sports reserves the right to decline or limit transfers of sale transaction proceeds that we believe, in our sole discretion, (A) may violate these Terms, (B) are unauthorized, fraudulent, or illegal, or (C) expose you, Swap It Sports, or others to risks unacceptable to Swap It Sports.
  15. Swap It Sports reserves the right to withhold Listing proceeds from a Seller in the event of a dispute with the Buyer.
  16. Payment Processors may impose their own limits and limitations on Seller’s use of the Payment Solution or ability to receive Sale Proceeds.
  17. Swap It Sports cannot and does not offer tax-related advice. Please consult your tax consultant to determine tax treatment for your sales activities and retain all relevant documentation. This section is provided for information purposes only and is not intended to constitute tax advice. Sellers are responsible for determining and fulfilling Sellers’ obligations under applicable laws to report, collect, remit, or include in the Listing price any applicable taxes. Swap It Sports is not responsible for withholding, collecting, reporting, or remitting any taxes arising from any transaction you complete via the Service.
4. If you choose to buy or make an offer to buy a Listing Item on the Service, you, as the Buyer, agree that:
  1. Buyer represents and warrants that Buyer is located in the United States and will use the Service to buy Listing Items only from Sellers in the United States.
  2. Buyer is responsible for reading the full Listing before committing to buy or making an offer to buy any Listing Item. If Buyer buys or makes an offer to buy a Listing Item, Buyer acknowledges and agrees that Buyer has read and understood the description of the Listing Item, including the condition of the Listing Item.
  3. Buyer enters into a legally binding contract to buy a Listing Item when Buyer commits to buying the Listing Item or Buyer’s offer to buy the Listing Item is accepted by the Seller.
  4. Buyer may only withdraw an offer to purchase a Listing Item before the Seller accepts it.
  5. At the time Buyer picks-up or receives a Listing Item, Buyer will have seventy-two (72) hours to inspect the goods and/ or file a claim with Swap It Sports to address any issues with your Listing Item. FAILURE TO FILE A CLAIM WITHIN 72 HOURS WILL FORFEIT BUYER’S RIGHT TO MAKE ANY FUTURE CLAIMS AGAINST SELLER AND SWAP IT SPORTS.
  6. Buyer must provide a current, valid method of payment acceptable to the Payment Processor (“Payment Method”). Buyer’s Payment Method may be saved in the Payment Processor by default for easier subsequent purchases.
  7. All prices are quoted in U.S. Dollars.
  8. Buyers are responsible for shipping fees, unless otherwise agreed with the Seller
  9. Swap It Sports does not transfer legal ownership of Listing Items from the Seller to the Buyer and Swap It Sports is not a party to any transaction between Seller and Buyer.
  10. The Uniform Commercial Code § 2-401(2) applies to the transfer of ownership between the Buyer and the Seller, unless the Buyer and Seller agree otherwise.
  11. BUYER UNDERSTANDS THAT SWAP IT SPORTS DOES NOT MANUFACTURE, STORE, OR INSPECT ANY LISTING ITEM OFFERED FOR SALE THROUGH THE SERVICE. SWAP IT SPORTS CANNOT AND DOES NOT MAKE ANY WARRANTIES ABOUT THEIR QUALITY, SAFETY, OR LEGALITY. BUYER RELEASES SWAP IT SPORTS FROM ANY CLAIMS RELATED TO LISTING ITEMS SOLD THROUGH THE SERVICE, INCLUDING FOR DEFECTIVE ITEMS, MISREPRESENTATIONS BY THE SELLER, OR ITEMS THAT CAUSE PHYSICAL INJURY. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, BUYER KNOWINGLY, VOLUNTARILY, AND FREELY ASSUMES ALL RISKS BOTH KNOWN AND UNKNOWN, OF PURCHASING LISTING ITEMS, INCLUDING EACH LISTING ITEM THAT A SELLER SELLS TO BUYER EVEN IF THOSE RISKS ARISE FROM THE NEGLIGENCE OR CARELESSNESS OF THE SELLER OR OTHERS, OR DEFECTS IN THE LISTING ITEM, EQUIPMENT, PREMISES, OR FACILITIES USED DURING THE PURCHASE OR OTHERWISE, AND YOU ASSUME FULL RESPONSIBILITY FOR PARTICIPATION IN THE PURCHASE OF THE LISTING ITEM IN THE LISTING.
Promoted Listings
Swap It Sports offers the ability to promote a Listing (the “Promoted Listing”) for seven (7) calendar days using the “Promote It” feature for a five-dollar ($5.00) fee (the “Promote It Fee”). Promoted Listings will not automatically renew but may be promoted again at the end of each seven (7) day period through the “Promote It” feature and payment of the Promote It Fee. All payments must be made in U.S. Dollars. We reserve the right to change prices and fees at any time.
If you choose to create a Promoted Listing, you acknowledge that you will be required abide by the terms in Section 5 (Payment Processor) above in order to use the Payment Solution.
Payments are nonrefundable and there are no refunds or credits if your Promoted Listing is removed for any reason either by you or us. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our users. The amount and form of such refunds, discounts, or other consideration, and the decision to provide them, are at our sole discretion. The provision of refunds, discounts, or other consideration in one instance does not entitle you to refunds, discounts, or other consideration in the future for similar instances, nor does it obligate us to provide refunds, discounts, or other consideration in the future, under any circumstance.
When a Promoted Listing appears in a user’s search results, the Promoted Listing will appear at or near the top of the Listings and be labeled “Promoted.” Swap It Sports takes a number of factors into consideration, including the existence of other Promoted Listings when determining the appearance or placement of a Listing in search results and Swap It Sports makes no promise or guarantees that a Promoted Listing will appear in any particular search results or in any particular order within search results.
Swap It Sports does not guarantee that a Promoted Listing will appear more frequently or is more likely to be purchased by a Buyer than a non-promoted Listing.
In-Person Pick-up/Delivery and Assumption of Risk
1. If you meet a Seller or Buyer in person, we recommend arranging the meeting in a public, well-trafficked, well-lit area with surveillance. We also recommend that before the meeting, you let a friend, family member, or colleague know that you are meeting up with the Seller or Buyer and the time and location of your meeting.
2. Swap It Sports may, in its sole discretion, recommend third-party meet-up locations (each, a “Meet-up Location”). SWAP IT SPORTS DOES NOT INDEPENDENTLY VERIFY THE CONDITIONS AT ANY MEET-UP LOCATION, DOES NOT MONITOR MEET-UP LOCATIONS AND DOES NOT WARRANTY THEIR SAFETY OR CONDITION. YOUR USAGE OF MEET-UP LOCATIONS, AND ANY DISPUTE ARISING OUT OF THAT USAGE, INCLUDING AGAINST THE THIRD-PARTY OWNER OF THE MEET-UP LOCATION’S PREMISES, REMAINS SUBJECT TO THE EXPRESS PROVISIONS OF THIS SECTION 8 AND SECTIONS 17–25.
3. ASSUMPTION OF RISK. YOU ACKNOWLEDGE AND AGREE THAT THERE ARE RISKS ASSOCIATED WITH UTILIZING AN INTERNET-BASED MARKETPLACE AND INTERACTING WITH OTHER USERS IN PERSON. WE DO NOT INVESTIGATE OR VERIFY ANY USER’S REPUTATION, CONDUCT, MORALITY, CRIMINAL BACKGROUND, OR ANY INFORMATION USERS MAY SUBMIT TO THE SERVICE. YOU ARE SOLELY RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS WHEN INTERACTING WITH OTHER USERS, PARTICULARLY WHEN MEETING A STRANGER IN PERSON FOR THE FIRST TIME. IT IS POSSIBLE THAT OTHER USERS MAY ATTEMPT TO PHYSICALLY HARM OR DEFRAUD YOU OR OBTAIN INFORMATION FROM YOU FOR FRAUDULENT PURPOSES. YOU ARE SOLELY RESPONSIBLE FOR AND ASSUME ALL RISKS RELATED TO BUYING AND SELLING THROUGH THE SERVICE (INCLUDING ALL ONLINE AND OFFLINE INTERACTIONS WITH OTHER USERS).
Refunds
1. For any undisclosed damage, incorrect or missing items, or items that are not as described, Buyers must submit a return request within 72 hours of delivery, otherwise, Swap It Sports will deem the transaction closed and release the Sale Proceeds to the Seller. In the event of a return or refund for undisclosed damage, incorrect or missing items, or items that are not as described, Sellers are responsible for all shipping costs, including refunding shipping costs paid by the Buyer. A Seller may, in its sole discretion and on terms exclusively determined by the Seller, choose to issue refunds or returns beyond the first 72 hours of item delivery. Except as expressly described in this Section 9 (Refunds), Swap It Sports has no involvement in or responsibility for Seller refund or return policies.
Location
1. The Service is operated by Swap It Sports in the United States. If you choose to access the Service from a location outside the United States, you do so on your own initiative and you are responsible for compliance with applicable local laws.
Submitted Content
1. Swap It Sports is not the source of, does not verify or endorse, and takes no responsibility for the content of communications or any material submitted or made available through the Service via any function that allows a user to message, post, or share content (the “Submitted Content”). Submitted Content is entirely the responsibility of the person from whom such content originated. You therefore may be exposed to content that is offensive, unlawful, harmful to minors, obscene, indecent, or otherwise objectionable. Submitted Content may be protected by intellectual property rights owned by third parties. You are responsible for the content you choose to communicate and access using the Service. In particular you are responsible for ensuring that you do not submit material that (i) is protected by copyright, contains trade secrets or otherwise is subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner; (ii) is false or is a misrepresentation; (iii) is offensive, unlawful, harmful to minors, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or that encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is otherwise objectionable; or (iv) impersonates another person. Swap It Sports may in its sole discretion block, prevent delivery of, or otherwise remove the content of communications as part of its effort to protect the Service or its users, or otherwise enforce these Terms. Further, Swap It Sports may in its sole discretion remove such content and terminate your account if you submit any content that is in breach of these Terms.
2. Swap It Sports does not claim ownership of any of your Submitted Content. With respect to all of your Submitted Content, you grant Swap It Sports a perpetual, irrevocable, non-terminable, transferable, worldwide, royalty-free, sublicensable, fully paid-up, non-exclusive and transferable license to use, reproduce, distribute, prepare derivative works of, display, modify, copy and perform the Submitted Content or any part of the Submitted Content in connection with the Service and Swap It Sports’ (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any and all media formats and through any and all media channels. You also hereby grant each user of the Service a non-exclusive license to access your Submitted Content through the Service while the Submitted Content is made available through the Service. You hereby represent, warrant, and covenant that any Submitted Content you provide does not include anything (including, but not limited to, text, images, music, or video) to which you do not have the full right to grant the license specified in this Section 11 (Submitted Content).
3. You acknowledge and agree that: (i) by using the Service, you may be exposed to content that you may find offensive or indecent and you do so at your own risk; (ii) you are solely responsible for, and Swap It Sports has no responsibility to you or any third party for any Submitted Content that you create, submit, post or publish on or through the Service; (iii) Swap It Sports does not guarantee any confidentiality with respect to your Submitted Content; and (iv) Swap It Sports is not responsible for any Submitted Content provided by third parties that you may have access to through your use of the Service and all Submitted Content is the responsibility of the person from whom such Submitted Content originated. You acknowledge and agree that (y) Swap It Sports has no control over and is not responsible for the use of Submitted Content by its users, including any user that has downloaded Submitted Content to a personal device; and (z) Swap It Sports may not be able to remove Submitted Content that is downloaded onto a user’s Device. Swap It Sports does not endorse any Submitted Content, or any opinion, recommendation, or advice expressed therein, and expressly disclaims any and all liability in connection with Submitted Content.
4. You acknowledge that Swap It Sports has the right to pre-screen your Submitted Content but has no obligation to do so. At Swap It Sport’s sole discretion, any Submitted Content may be included in the Service in whole or in part in modified form. In addition, Swap It Sports and its designees shall have the right, but not the obligation, in their sole discretion, to refuse or remove any Submitted Content that is available via the Service that violates these Terms or is otherwise objectionable including, but not limited to, being unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or violating any party’s intellectual property.
5. You acknowledge that your Submitted Content is your sole responsibility. You agree that, under no circumstances, will Swap It Sports be liable in any way for any Submitted Content, including, but not limited to, any errors or omissions in any Submitted Content, or any loss or damage of any kind incurred as a result of the use or distribution of any Submitted Content transmitted or otherwise made available via the Service.
6. SWAP IT SPORTS DOES NOT AND CANNOT CONTROL THE CONTENT CONTAINED IN ANY PROFILES, USER-TO-USER CORRESPONDENCE, AND LISTINGS OR THE CONDITION, LEGALITY, OR SUITABILITY OF ANY LISTINGS. SWAP IT SPORTS IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL PROFILES, USER-TO-USER CORRESPONDENCE, AND LISTINGS. ANY SALES ARE MADE AT THE USER’S OWN RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW, SWAP IT SPORTS SHALL NOT BE LIABLE TO A USER OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF ANY PROFILES, USER-TO-USER CORRESPONDENCE, AND LISTINGS OR THE INFORMATION ON THE SITE, ARISING AND WHETHER FRAMED IN CONTRACT OR TORT, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF SWAP IT SPORTS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SWAP IT SPORTS WILL NOT BE LIABLE FOR ANY LOSSES OF OR DAMAGE TO ANY EQUIPMENT.
DMCA Notice
1. Swap It Sports has adopted a policy that provides for the suspension and/or termination of any user who is found to have infringed on the rights of Swap It Sports or of a third party, or otherwise violated any intellectual property laws or regulations. Swap It Sport’s policy is to investigate any allegations of copyright infringement brought to its attention.
2. Take-Down Notice. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Swap It Sports to delete, edit, or disable the material in question, you must provide Swap It Sports with all of the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act) to our designated copyright agent set forth below:

A physical or electronic signature of the copyright owner or the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
Identification of the copyrighted work (or works) claimed to have been infringed;
Identification of the material that is claimed to be infringing and information reasonably sufficient to permit Swap It Sports to locate the material (providing URLs in the content of an email is the best way to help us locate content quickly);
Information reasonably sufficient to permit Swap It Sports to contact you, including your address, telephone number, and e-mail address at which you may be contacted;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you, or your agent, or the law;
A statement made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.

See 17 U.S.C 512(c)(3) for further information.

For this notification to be effective, you must provide it to Copyright Manager by email at admin@swapitsports.com. You can also mail your DMCA request to:

Attn: Copyright Manager

Swap It Sports

6965 El Camino Real, Suite 105-235

Carlsbad, CA 92009

Mailing DMCA notices may delay the processing of your request. Only copyright complaints should be sent to the Designated Agent. No other communications will be accepted or responded to.

If you fail to comply with all of the requirements above, your DMCA notice may not be valid and may not be acknowledged. Once proper notice is received by the Designated Agent, it is Swap It Sport’s policy to investigate the claim and notify the alleged infringer of your claim. If we determine that you have raised a legitimate copyright claim, we will remove or disable access to the infringing material and notify the content provider, member, or user that we have removed or disabled access to the material. In addition, repeat offenders will have the infringing material removed from the system and Swap It Sports will terminate such content provider’s, member’s, or user’s access to the Service.

Counter-Notice. If you believe that the material that was removed or to which access has been disabled is either not infringing, or you believe that you have the right to post and use such material from the copyright owner, the copyright owner’s agent, or pursuant to the law, you must send a counter-notice containing the following information to the Designated Agent:

Your physical or electronic signature;
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
Your name, address, and telephone number; and
A statement that you consent to the jurisdiction of federal district court in the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which you may be found and that you will accept service of process from the person who provided the initial notification of alleged infringement.

If a counter-notice is received by the Designated Agent, Swap It Sports may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member, or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Swap It Sports’ discretion.

Submissions
1. We welcome feedback from our users and appreciate your comments regarding our Service. However, our company policy does not permit us to accept or consider ideas, suggestions, proposals, or materials (“Submissions”) that we have not specifically requested. This policy is intended to help us and our customers avoid future misunderstandings when new products or services developed internally by our employees might be similar or even identical to a customer’s idea.
2. If, despite our request that you not send us your ideas, you still submit them, then regardless of any conditions you may have attempted to place on your Submission, the following terms shall apply to your Submission: you acknowledge and agree that: (i) such Submissions will be considered non-confidential and non-proprietary; (ii) we have the right (subject to our Privacy Policy), without limit in time and without payment to you, to use, copy, distribute, adapt, and disclose it via the Service or otherwise to third parties for any purpose, in any way, and in any media worldwide now known or later discovered, including, without limitation, the right to create derivative works, make improvements, perform (including through digital performance), and transmit (including through digital transmissions) such Submissions, and the right to transfer or sublicense such rights; (iii) we may have something similar to the Submissions already under consideration or in development; and (iv) you are not entitled to any compensation or reimbursement of any kind from us in connection with the Submissions under any circumstances
Intellectual Property Rights
1. Trademarks. The Swap It Sports name and logo are trademarks and service marks of Swap It Sports. You do not have the right to use any of our trademarks, service marks or logos, and your unauthorized use of any of these may be a violation of federal and state trademark laws.
2. Ownership. Except for your Submitted Content, you acknowledge that all intellectual property rights in the Service, whether registered or unregistered, including but not limited to rights in graphics, logos, “look and feel,” trade dress, structure, organization, code, and all content in the Service and compilation thereof, anywhere in the world, belong to us or our licensors and are valuable trade secrets and confidential information of Swap It Sports, and are protected by intellectual property laws. Except for your Submitted Content, you acknowledge and agree that Swap It Sports, and/or its licensors, own all right, title and interest in and to the Service, including all intellectual property, industrial property, and proprietary rights recognized anywhere in the world at any time and that the Service is protected by U.S. and international intellectual property laws. Further, you acknowledge that the Service may contain information that Swap It Sports has designated as confidential and you agree not to disclose such information without Swap It Sports’ prior written consent. Nothing posted on the Service grants a license to any Swap It Sports’ trademarks, copyrights, or other intellectual property rights, whether by implication, estoppel or otherwise. You should assume that everything you see or read on the Service is proprietary information protected by intellectual property laws unless otherwise noted and may not be used except with the written permission of Swap It Sports. When accessing the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property.
Third-Party Sites and Services
1. The Service may contain links to or allow you to share content directly with other third-party websites, including links in other users’ profiles to social media or other websites (“Third-Party Sites”). You acknowledge that we have no control over the Third-Party Sites and are not responsible for their contents and/or availability. We do not assume any liability for your use of any of the foregoing, which use you acknowledge and agree shall be at your own risk.
2. These links are provided to you for convenience only and do not constitute an endorsement or approval by us of the organizations that operate such websites, the content, or other material contained in the Third-Party Sites and we have no association with their operators. Your use of the Third-Party Sites will be governed by their terms and conditions and privacy policies (if any) (“Third-Party Terms”). It is your responsibility to read and comply with Third-Party Terms.
Notice for California Residents Pursuant to California Civil Code Section 1789.3
1. Under California Civil Code Section 1789.3, California consumers of an electronic commercial service receive the following consumer rights notice: California resident may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd. Suite N 112, Sacramento, CA 95834, or by telephone at 800-952-5210.
Indemnity
1. You agree to indemnify and hold us and our affiliates, and their respective business partners, licensees, licensors, officers, directors, employees and agents (the “Indemnified Parties”) harmless from and against any and all claims, demands, losses, damages, liabilities, costs, and expenses (including, without limitation, reasonable attorneys' fees and costs), arising out of or in connection with: (a) your use of the Service; (b) your breach or violation of any of these Terms; or (c) your violation of the rights of any third party. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations. In such event, you shall provide the Indemnified Parties with such cooperation as is reasonably requested by the Indemnified Parties.
Warranty Disclaimer
1. WE PROVIDE THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO GUARANTEE THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. WE HAVE NO OBLIGATION TO CORRECT ANY BUGS, DEFECTS OR ERRORS IN THE SERVICE OR TO OTHERWISE SUPPORT, DEVELOP OR MAINTAIN THE SERVICE. While we take reasonable precautions to prevent the existence of computer viruses and/or other malicious programs, we accept no liability for them. We also make no promises or guarantees, whether express or implied, that the content included on the Service is accurate, complete, or up to date.
2. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXCLUDE ALL CONDITIONS, WARRANTIES, REPRESENTATIONS AND OTHER TERMS, WHICH MAY APPLY TO THE SERVICE WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES WITH RESPECT TO THE SERVICE AND ALL INFORMATION AND CONTENT INCLUDED ON THE SERVICE.
3. No information or advice obtained through the Service, or affirmation by us, by words or actions, shall constitute a warranty.
4. Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimers may not apply to you.
Limitation of Liability
1. IN NO EVENT SHALL THE INDEMNIFIED PARTIES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING LOST PROFITS, ANY BREACH OF SECURITY OR ANY DAMAGE TO YOUR DEVICE, LOST DATA, PERSONAL INJURY, PROPERTY DAMAGE, OR LOSSES ARISING OUT OF YOUR USE OF OR RELIANCE ON THE SERVICE OR YOUR INABILITY TO ACCESS OR USE THE SERVICE) ARISING FROM, RELATING TO, OR IN ANY WAY CONNECTED WITH THE USE OR THE PERFORMANCE OF THE SERVICE OR THESE TERMS, ARISING AND WHETHER FRAMED IN CONTRACT OR TORT, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF SWAP IT SPORTS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
2. Your sole remedy for dissatisfaction with the Service including, without limitation, content offered on the Service, is to stop using the Service. Such limitation shall also apply with respect to damages incurred by reason of services or products received through or advertised in connection with the Service or any links on the Service, as well as by reason of any information or advice received through or advertised in connection with the Service or any links on the Service. Such limitation shall also apply with respect to damages incurred by reason of any content posted by a third-party or conduct of a third-party on the Service.
3. In the event the foregoing exclusion of liability is determined, in whole or in part, to be invalid or unenforceable, then the Indemnified Parties’ liability arising in connection with the Service or under these Terms whether in contract, tort (including negligence) or otherwise, shall not exceed, under any circumstances One Hundred Dollars ($100). You agree that any claim or cause of action arising under these Terms or the performance or non-performance of the Service must be brought within one year after such claim or cause of action arises or be forever barred.
4. THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, SWAP IT SPORTS’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PR

Privacy Policy

This website uses cookies.