The full text of the whole User Agreement is below, but it's pretty long, so we summarized the important points here, for your convenience.
When you place an order to have an item sent to you, we charge your credit card for the shipping cost and any applicable service fee at the time you place the order.
When another User orders an item from you, you must confirm the trade within three (3) business days, or contact us to work out alternatives. After three days, the trade will be considered to have failed, and we will recover any negative balance that you owe us..
When you order an item, you may cancel the trade at any time until the sender has confirmed it.
When a trade is canceled we refund the fees and shipping cost you were charged to your onsite SwapSimple.com account dollar balance, and Trade Credits spent will be refunded to your SwapSimple account Trade Credit balance.
You can cancel your SwapSimple.com account at anytime, but if you have a negative Trade Credit balance, you must pay $1.00 for each Trade Credit spent in excess of those you have earned. If you don't use your account, we may automatically close it.
If you have items posted that you sell elsewhere or otherwise don't have anymore, please remove them from your Listed Items.
You are giving us your credit card information so we can verify your identity, charge you for the cost of shipping items plus our service fee, if applicable, when you order an item, and collect any other money you may owe us. We keep this information private.
Only original items can be traded; nothing to do with copyright infringement will be tolerated.
Don't use the website if you don't agree to the terms and conditions in this Agreement.
SwapSimple is currently available to United States residents only.
The following describes the terms and conditions on which SwapSimple, Inc. offers you access to our services. Use of this website constitutes your binding acceptance of these terms and conditions, as revised from time to time. If you do not wish to abide by these terms and conditions, please discontinue use of this website.
For the purposes of this document, all registered members and other users are collectively referred to as "Users" and individually as "you". SwapSimple, Inc., our subsidiaries, officers, directors, agents, employees and our suppliers are collectively referred to as "SwapSimple, Inc." The SwapSimple, Inc. website and services are collectively referred to herein as "SwapSimple.com". This document is referred to herein as the "Agreement".
SwapSimple, Inc. may amend this Agreement at any time by posting the amended terms on SwapSimple.com. All amended terms shall automatically be effective ten (10) days after they are initially posted on SwapSimple.com. In addition, we will notify you by email in accordance with your preferences. This Agreement is effective upon acceptance during registration for new registering Users, and is otherwise effective on April 1, 2008 for all Users.
As a registered member of SwapSimple.com, you certify to SwapSimple, Inc. and all other Users that you are a private individual, able to form legally binding contracts under applicable laws. To use SwapSimple.com, you must be 18 years of age or older, or if under 18 years of age, you may use SwapSimple.com only in conjunction with, and under the direct supervision of a parent or legal guardian. You certify that all personal information you provide to SwapSimple.com, during and at any time following registration, including but not limited to your name, address or phone number, is real and accurate. No business entity (including, but not limited to, a sole proprietorship, partnership, or corporation) may register as a User at SwapSimple.com. Only one account per person may be created. Only one account per household may be created. SwapSimple, Inc. may immediately terminate any or all such duplicate accounts.
SwapSimple, Inc. is not involved in the actual transaction between Users. As a result, we have no control over the quality, safety or legality of the items posted on SwapSimple.com, the truth or accuracy of the postings, or the ability of Users to complete a transaction. We cannot ensure that Users will actually complete a transaction.
The Users acknowledge that the trade process is governed by the following provisions: (a) Users choose to use SwapSimple.com at their own risk; (b) SwapSimple, Inc. is not responsible for any lost property resulting from bad trades or otherwise. All trades are performed at your own risk; (c) Only original items are to be traded on SwapSimple.com. Copyright infringing, or otherwise illegal, material is not allowed to be traded on SwapSimple.com. All trades must involve original publications. Anyone caught trading illegal material will have their account terminated and will be banned from SwapSimple.com; (d) The success of each trade depends upon the honesty of each party. Each User must truthfully appraise their items offered for trade, both in the accuracy of the item details, and the rating of its condition. Users who repeatedly misrepresent their items will be have their account terminated and will be banned from SwapSimple.com; (e) Timely responses to notification messages requesting a trade are required. From the time a message regarding a pending trade is sent to a User from SwapSimple, Inc., the User must respond within 3 business days; (f) All trades agreed to by both Users must be completed. If you agree to make a trade, you must complete the trade. If you are reported for failing to complete a trade to which you had agreed, you may be warned, or your account may be suspended, or you may be banned from SwapSimple.com; (g) Users are solely responsible for all applicable expenses, postage costs, and other costs incurred in the course of trading items on SwapSimple.com; (h) SwapSimple, Inc. is not the agent of any User. At no time is SwapSimple, Inc. providing advice in relation to traded items or acting as a consultant; (i) SwapSimple, Inc. does not screen, review or control any of the items being offered on SwapSimple.com; (j) SwapSimple, Inc. does not screen, review or control any of the people who participate in the SwapSimple.com website; (k) SwapSimple, Inc. is not required to referee or get involved in any disputes between Users.
Once a User confirms a transaction to receive an item, and that User's credit card is authorized to be charged, the sender receives a notification that a trade has been arranged and is pending. The sending User must access their account on SwapSimple.com, print the prepaid / pre-addressed shipping label, and ship the item within (3) business days as stated in Section 17 (Delivery and Shipping). If confirmation is not received within three (3) business days, the trade may be cancelled. Should the sender no longer own the requested item, they may notify us within the 48 hours to allow us, at our sole discretion, to attempt to arrange a different trade for the requesting User. Users with items posted must maintain the items in the condition in which they were posted, or must edit the item details in their account to reflect changes in item quality and availability. Users may avoid penalties, incurred when notifications are not answered, by alerting SwapSimple.com to any extended time periods, such as a vacation, during which checking for notifications will be unlikely. This is done by sending an email to the custserv account, or using our contact form.
When an order is placed, the User's credit card on account is charged for the SwapSimple.com service fee, if applicable, plus shipping costs. At no time is a User's credit card information provided to any other Users.
If a trade is cancelled for any reason prior to the sending User confirming the item ordered, SwapSimple, Inc. will refund the fees and shipping cost to the User's onsite SwapSimple.com account dollar balance, and Trade Credits will be refunded to the User's SwapSimple account. You can cancel your SwapSimple.com account at anytime, but are required to pay for any negative Trade Credit balance if applicable as stated in Section 9 (Permission to Charge Credit Card).
The Users acknowledge that SwapSimple, Inc. is not the supplier of the User's goods and will at no stage ever possess or have title to, or bear risk in relation to, the User's goods. Users will become an item's lawful owner at the completion of a successful transaction, and the physical receipt of the item directly from the sender.
You authorize SwapSimple, Inc. to charge your credit card for the service fee plus shipping costs of items for each trade in which you are a receiving User. You authorize SwapSimple, Inc. to charge your credit card for any amount you owe us if (a) a trade is canceled for any reason; (b) a confirmed trade is not completed; (c) we reasonably believe that you have committed fraud or another illegal act or omission during any trading activity; (d) you otherwise owe us a specific amount. SwapSimple, Inc. reserves the right to charge you $1.00 per one (1) Trade Credit spent for items you ordered in excess of Trade Credits you received if (a) you have requested the termination of your account; (b) you have failed to comply with this Agreement; (c) you have failed to return attempts at communication.
Trade credits issued by SwapSimple, Inc. represent the value of any posted item, and are determined, in our sole discretion, by combining the current retail price, User-assessed current quality, popularity of the item, and any other factor which, in our sole discretion, is deemed necessary to accurately value the item. Trade credits issued by SwapSimple, Inc. can be used only at SwapSimple.com. No other service, merchant, retailer or wholesaler is authorized to accept SwapSimple.com trade credits as currency for any goods or services. SwapSimple.com trade credits have no monetary value. SwapSimple, Inc. and the SwapSimple.com service are not authorized to, and shall not be made to accept any credits or scrip, in any form, issued by any third party, for use or redemption on SwapSimple.com.
Accounts which have had no activity for a period of 3 months shall be considered inactive. Activity is defined as the act of posting an item, ordering an item, or sending an item that was ordered. Inactive accounts may be subject to a monthly maintenance fee of 5 credits per month. Inactive accounts that do not have a credit balance greater than 0 may be closed and/or removed from the system. Any promotions in effect on an inactive account may be immediately terminated.
Trade credits issued "instantly" or "immediately" are not necessarily the entire trade credit value of any posted item, and are determined, in our sole discretion, by reducing the full Trade Credit value. "Instant" trade credits must coincide with posted items on your account, whether from the original item for which "instant" trade credits were issued, or another item or items of equivalent trade credit value. Items receiving "instant" trade credits may be removed from your posted items until such time as you redeem those trade credits. Thereafter, the item may only be removed by first being replaced by an item or items of equivalent trade credit value, or if the negative trade credit balance is paid for by you at the rate of $1.00 per one outstanding negative Trade Credit as stated in Section 9 (Permission to Charge Credit Card).
Items posted on your account at SwapSimple.com may be removed at your discretion provided that: (a) a trade is not pending or underway; (b) the item has not been requested and fees paid for it's shipping cost; (c) no "instant" trade credits were issued at the time you originally posted the item, or if "instant" trade credits were issued when you posted the item, sufficient items and trade credits must remain on account to offset any "instant" credits issued for the removed item. If you no longer own an item you have posted, you must remove it from your Posted items immediately.
Registration at SwapSimple.com is free and there is no charge to post items on SwapSimple.com. We may charge fees for receiving items by participating in trades through SwapSimple.com. We may change the fees for our services from time to time. Our changes to the fees are effective after we provide you with at least ten (10) days' notice of the changes by posting the changes on SwapSimple.com. However, we may choose to temporarily change the fees for our service for special or promotional events, and such changes are effective when we post the temporary event on SwapSimple.com. 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 all applicable taxes.
You agree that SwapSimple, Inc. is not responsible in any way for the accuracy or suitability of any payment of taxes to any entity on your behalf. You shall indemnify and hold SwapSimple, Inc., our subsidiaries, officers, directors, agents, employees and our suppliers (collectively the "Covered Parties") harmless against all liabilities, costs, interest and expenses (including reasonable attorney's fees) incurred by SwapSimple, Inc. or the Covered Parties that arise out of any third party or governmental claim that involves, relates to or concerns (a) any federal, state or county tax obligation or amounts due or owing under any tax regulation, law, order or decree, or (b) any dispute concerning the tax status of SwapSimple, Inc. or the Covered Parties as a provider of goods or services. No taxes are due on traded items.
Because verification of the accuracy of the information Users provide us, during registration and when posting items, is difficult online, SwapSimple, Inc. cannot and does not confirm each User's purported identity. For this reason, we have established a feedback system to help you evaluate Users with whom you are trading. Users agree to return to SwapSimple.com after completion of a transaction in order to rate the User with whom the transaction took place, based in part on the accuracy of the quality assessment of the item. Users may not take any actions that may undermine the integrity of the feedback system. We may limit the number of items and postings you may place on SwapSimple.com based on your net feedback rating. At our sole discretion, if you earn a poor net feedback rating, your membership may be suspended, and you may be unable to post items or participate in trades.
Accurately assessing and representing the quality of posted items is extremely important. SwapSimple.com Users will be making trade decisions based in part on quality ratings of items. You are responsible for accurately rating the condition of each item you post at SwapSimple.com. To ensure a high User rating as well as trader satisfaction, you must rate the condition of posted items fairly and honestly, according to the item rating guidelines provided by SwapSimple, Inc. below:
Quality Categories For Books:
Quality Categories For DVDs and Video Games:
SwapSimple, Inc. will send an email to the sending User once another SwapSimple.com User orders one of the sender's posted items. The sending User may choose to confirm the trade, print the prepaid and pre-addressed shipping label, and ship the item within three (3) business days of receiving the first email notification. If confirmation is not received by SwapSimple, Inc. of the sender's intention to ship the ordered item within three (3) business days, the trade may be cancelled. Shipping labels must be generated and printed no more than one (1) day before the actual placement of the shipment with the carrier (i.e. USPS).
The receiving User agrees to pay the shipping and handling costs for items requested according to the rates determined by SwapSimple, Inc., calculated from the actual dimensions and weight of each item. All Users may set their shipping preferences to determine their preferred method of sending and receiving items. The preference of the sending User will take precedence.
In general, items shipped via Media Mail should arrive in 4-12 days from the time of shipping. In some instances, Media Mail shipments can take as long as 30 days to arrive. Items shipped via expedited shipping methods (including USPS Priority) should arrive in 2-8 days. In some instances, expedited shipping may take as long as 12 days to arrive.
The name and address information on the Adobe Acrobat PDF prepaid, pre-addressed shipping label is provided for the sole purpose of shipping the specific item and may not be used for any other purpose, either in connection with such shipment or separately from such shipment. All orders must be shipped in appropriate packing materials designed to minimize the chance of damage during shipping. SwapSimple, Inc. reserves the right to suspend the privileges of any User we reasonably believe may be acting in a fraudulent manner.
SwapSimple, Inc. will not accept returns of any items traded on this website, as SwapSimple, Inc. is not the supplier of the goods. SwapSimple, Inc. is not required to resolve any return issues between Users, but may at our sole discretion attempt in good faith to resolve issues relating to customer dissatisfaction and inaccurate representation of items.
All of the information, including without limitation the design of the SwapSimple.com website, and all information, text, graphics, software, HTML, and all source, object and other codes and scripts, in any format, used to implement, or featured, (the "Material") on SwapSimple.com are the property of SwapSimple, Inc. or its affiliates or licensors. The Material is for personal use only. You may copy in electronic format or print in hard copy, the limited portions of information displayed on SwapSimple.com for the sole and exclusive purpose of completing a transaction on SwapSimple.com. No User shall copy, modify, upload, download, transmit, publish, or otherwise distribute any portion of the Material, or create derivative content using it without the express prior written consent of SwapSimple, Inc.
SwapSimple, Inc. does not control the information provided by Users that is made available through SwapSimple.com. You may find other User's information to be offensive, harmful, inaccurate or deceptive. Please use caution when using SwapSimple.com. There are also risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks dealing with international trade and foreign nationals. By using SwapSimple.com, you agree to accept such risks and SwapSimple, Inc. is not responsible for the acts or omissions of Users of SwapSimple.com.
User's information (or any items posted) and activities on SwapSimple.com shall not: (a) be false, inaccurate or misleading; (b) be fraudulent or involve 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; (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f)be obscene or contain any child pornography; (g) contain any viruses, Trojan horses, worms, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and (h)create liability for SwapSimple, Inc. or cause us to lose (in whole or in part) the services of our ISPs or other suppliers.
For the purposes of this paragraph, "Malicious Use" includes without limitation any act, intentional or otherwise, authorized or unauthorized, direct or indirect, which causes unnecessary and unwanted malicious interference with the business operations of SwapSimple, Inc. or which is likely to bring SwapSimple, Inc. or SwapSimple.com into disrepute or ridicule or to lower the commercial value of the website or conducting trades on the website. Users will not and will not permit another person to cause any Malicious Use of the intellectual property used by SwapSimple, Inc. in relation to SwapSimple.com. Any such Malicious Use will result in the immediate termination of this Agreement.
Users agree not to use any robot, spider, scraper, or other automated means to access SwapSimple.com for any purpose without our express written permission. Additionally, Users agree not to: (a) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (b) copy, reproduce, modify, create derivative works from, distribute or publicly display any content from SwapSimple.com without the prior written permission of SwapSimple, Inc. and any appropriate third party, as applicable; or (c) interfere or attempt to interfere with the proper working of the SwapSimple.com website or any activities conducted on SwapSimple.com.
In no event shall SwapSimple, Inc. be liable for lost profits or any damages (including direct, indirect, special, consequential, incidental and exemplary), arising out of or in connection with SwapSimple.com, services supplied by SwapSimple, Inc., or this Agreement (however arising, including negligence).
SwapSimple, Inc. will not be liable for any damages (including direct, indirect, special, consequential, incidental and exemplary) in the event that this website is unavailable to Users (by virtue of interruption, suspension or termination) for any reason, including due to computer or communications link downtime attributable to malfunction, upgrades, or preventative or remedial maintenance activities.
SwapSimple, Inc.'s liability to Users or any third parties in any circumstances is limited to the greater of: (a) the amount of fees you pay to SwapSimple, Inc. in the twelve (12) months prior to the action giving rise to liability, and (b) $100. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Users acknowledge that SwapSimple, Inc. has no control over the quality, safety or standard of goods offered for trade on SwapSimple.com, or the truth or accuracy of the information provided by Users, and that any illustrations, images or photographs displayed on SwapSimple.com are solely for the guidance of Users and are not to be relied upon.
SwapSimple, Inc. accepts no liability whatsoever for the misuse of your login code and password. Users must protect their login codes and passwords.
Because SwapSimple.com is a venue, in the event that you have a dispute with one or more Users, you release SwapSimple, Inc. from claims, demands and damages (including direct, indirect, special, consequential, incidental and exemplary) 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.
SwapSimple, Inc. provides our website and services "AS IS" and without any warranty or condition, express, implied or statutory. SwapSimple, Inc. specifically disclaims any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Some states do not allow the disclaimer of implied warranties, so the above disclaimer may not apply to you.
You and SwapSimple, Inc. are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisee-franchiser relationship is intended or created by this Agreement.
Without limiting other remedies, we may limit your activity, immediately remove your item postings, 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; (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.
You agree to indemnify and hold SwapSimple, Inc. harmless from any claim or demand, including reasonable attorney's fees, made by any third parties due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the SwapSimple.com service.
Without limiting other remedies, SwapSimple, Inc. may suspend or terminate your account or membership if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with SwapSimple, Inc. or SwapSimple.com.
Except as explicitly stated otherwise, any notices shall be given by electronic mail to the custserv account (in the case of SwapSimple, Inc.) or to the email address you provide to SwapSimple, Inc. during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, SwapSimple, Inc. may give you notice by certified mail, postage prepaid and return receipt requested, to the billing address provided to SwapSimple, Inc. In such case, notice shall be deemed given 3 days after the date of mailing.
This Agreement shall be governed in all respects by the laws of the State of Illinois as such laws are applied to agreements entered into and to be performed entirely within Illinois between Illinois residents. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of SwapSimple.com may be interfered with by numerous factors outside of our control. 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 or 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. In the event that legal action is taken against SwapSimple, Inc., all parties hereby agree to binding arbitration under the laws of the State of Illinois. This Agreement sets forth the entire understanding and agreement between You and SwapSimple, Inc. with respect to the subject matter hereof. Sections 13. (Fees and Services) with respect to fees owed for our services, 23. (Access and Interference), 24. (Limitation of Liability), and 25. (Release) shall survive any termination or expiration of this Agreement.
The services hereunder are offered by SwapSimple, Inc., an Illinois corporation, located in Chicago, Illinois.
SwapSimple Home Page Close this window