Swopsmart LLC; ("swopsmart.com") offers services through which you can sell, or recycle Broken, Used, or NEW Electronic products ( the "Products") after receiving a "quote" from Swopsmart.com. You must agree to abide by the following terms in order to use the Swopsmart Services on Swopsmart.com.
2. Use of Website and Content. The Website, including without limitation, any information, software, photographs, images, video, audio, graphics, or text on the Website ("Content"), and all patent, copyright, trademark, trade dress, domain name, trade secret, and other proprietary rights therein are the sole property of Swopsmart and various third party owners. Subject to this TOU, we grant you a non-exclusive, non-transferable, revocable license to access and use the Website and the Content solely for personal uses, and for no other purpose. You may not modify, publish, transmit, translate, participate in the transfer or sale, create derivative works, or in any way exploit, the Website or any of the Content, in whole or in part. No copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted. You acquire no ownership rights by downloading copyrighted material.
3. Code of Conduct. While using the Website and the Content, you will: (a) Comply with all federal, state and local laws that apply to your use of the Website; (b) Refrain from posting or transmitting through the Website any material that violates or infringes in any way upon the rights of others (including, without limitation, any copyright, trademark or other intellectual property rights); (c) Refrain from posting or transmitting material that is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law, or contains advertising or any solicitation; (d) Refrain from using the Website and the Content in a manner that could damage, disable, overburden or impair any server, or the network(s) connected to any server of Swopsmart, its affiliates or service providers, or interfere with any other party's use and enjoyment of the Website; (e) Not attempt to gain unauthorized access to the Website or any services, other accounts, computer systems or networks connected to any server or to any of the services, through hacking, password mining or any other means; (f) Refrain from uploading, posting or making available on the Website any User Content protected by copyright, trademark, or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right, and the burden of determining that any is not protected by copyright rests with you.
We make no warranties or representations related to the Content or the Website and disclaim all liability for errors or omissions in the information presented. You acknowledge that we do not ordinarily monitor User Content (as defined below). We reserve the right to refuse to accept or remove any User Content that is, in our sole discretion, unacceptable, and to disclose User Content to law enforcement agencies or authorities who may investigate reports of misuse or abuse of the Website or the Content. You acknowledge that you use the Website at your own risk.
4. Swopsmart Access. You are responsible for obtaining at your own expense all equipment and services needed to access and use the Swopsmart website and Services, including all devices, Internet browsers and Internet access. If you access the Swopsmart website and the Swopsmart Services through a mobile or wireless device, you are responsible for all fees that your carrier may charge you for data, text messaging and other wireless access or communication services.
Please note the offer to buy your tech item is solely for the device, and we do not pay extra for any accessories. You are more than welcome to include any accessories such as cases, screen protectors, chargers, etc., but we will recycle them during the inspection process.
After your Tech items arrive at our warehouse, they will go through our Quality Assessment Process. During this process, our quality control team checks that your items matches the description provided.
Each Tech item you sell should accurately reflect the details you provide to us when getting an instant, including but not limited to the make, model, size, and condition.
Tech items will automatically fail our Quality Assessment if they do NOT reflect the description provided on our website, either in terms of make, model, size, or condition. Your items will also fail if you do not clearly display the label provided in your Welcome Pack on the outside of the package in which the item is sent.
Our Quality Assessment is based upon the Condition Specification presented to you on the website when you describe the condition of your item during the valuation process.
The description you provide of your Tech directly influences the price we offer for it. As a result, if we determine that your item is in a different condition to that provided during valuation, we may offer a revised valuation in accordance with the process described below.
By placing an order and sending your Tech item, you understand and agree that our Valuation is final and we will not enter any discussions regarding the Valuation of the item before and after the Quality Assessment.
If you choose to accept our revised valuation, the new price will be updated in the relevant order. You’ll be able to find this information in the ‘My Account’ section of our website. The revised Valuation will be the new price paid for your items.
The revised Valuation is the final price we will offer for the item in question.
If you decline our revised offer price, we will return your item to the address listed on your Swopsmart account free of charge (provided it is located within the U.S. or its territories or possessions).
If you do not respond to our revised valuation email, either by lack of response or failing to adhere to the ‘Decline’ process detailed above, we will automatically process payment for your Tech at the new offer price emailed to you. You understand and agree that Swopsmart is not liable whatsoever for any loss of any kind that may result from your failure to act within the Grace Period or not accepting or declining our revised valuation in the correct fashion.
In the event you do not respond to our revised valuation email, your item will not be returned and you will receive payment at the new value offered for your item.
We accept no responsibility for the accuracy of the details you provide. It is your sole responsibility to ensure that the payment details you provide using our website or app are correct, complete and accurate.
If you decline our revised offer priced, using the ‘Decline’ link provided in our email, we will return your item to you free of charge to the address listed on your Swopsmart account (provided such address is within the U.S. or its territories or possessions). Your item will be shipped on the first business day after the expiration of the Grace Period (day 15).
Please note that accessories such as OEM boxes, protective cases, screen protectors, sim card ejector tools, etc., are discarded during the inspection process and will not be returned.
It is your sole responsibility to ensure that the address listed on your Swopsmart account is correct. You understand and agree that we are not liable for any loss of any kind as a result of items being returned to the incorrect address as a result of your failure to provide your correct, up-to-date address details on your Swopsmart account.
if your item is not delivered on the agreed delivery date, you must notify us within 14 days. If you don’t notify us within 14 days, we will not be liable for any loss or damage resulting from non-delivery.
When you notify us of non-delivery, we will provide you with a ‘Letter of Denial of Receipt’. You are required to complete this within 7 days. If you fail to submit the Letter of Denial of Receipt within 7 days, we will not be liable for any loss or damage resulting from non-delivery.
We are entitled to make any investigations deemed necessary to confirm the validity of any claim, and will check with the relevant carrier to confirm that non-delivery has occurred.
If our carrier notifies us that a Package has been lost in shipping, you will not be required to submit a ‘Letter of Denial’ and we will investigate the issue. If we conclude that the Package cannot be located and shipped to you, we will contact you in writing to confirm your Package has been lost and issue payment for the lost item(s).
In the instance your item is lost in shipping; we accept no other valuation than our own for the items you claim for. We accept no liability for any other loss, damage or compensation resulting from the return of your item.
8. Trademarks. Unauthorized use of trademarks, service marks or logos owned by Swopsmart is strictly prohibited and may also be a violation of federal and state trademark laws.
We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information:
a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
b. A description of the copyrighted work that you claim has been infringed;
c. A description of where the material that you claim is infringing is located on the Site;
d. Your address, telephone number, and email address;
e. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
f. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Our Copyright Agent for Notice of claims of copyright infringement on the Website can be reached by directing an e-mail to the Copyright Agent at firstname.lastname@example.org, or by letter sent postage prepaid to Swopsmart LLC, 8606 35th ave 3B, Jackson Heights, NY 11372: Copyright Agent.
10. Sweepstakes and Giveaways. We sponsor Sweepstakes and Giveaways from time to time, and you may send a submission to us in order to be eligible to receive a prize. We will provide rules for such contests on the Website.
11. Warranty Disclaimer. THE WEBSITE, THE CONTENT AND ANY PRODUCTS OR SERVICES AVAILABLE THROUGH THE WEBSITE ARE PROVIDED TO YOU ON AN "AS IS" "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, SYSTEMS INTEGRATION, ACCURACY, AND NON-INFRINGEMENT. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE SWOPSMART WEBSITE, THE CONTENT OR PRODUCTS OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN IS FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS.
12. Liability Limitation. YOUR USE OF THE SWOPSMART WEBSITE AND RECEIPT OF PRODUCTS AND/OR SERVICES IS AT YOUR OWN RISK. IN NO EVENT SHALL WE OR ANY THIRD PARTY PROVIDER OR ANY OF OUR OR THEIR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR LICENSORS BE LIABLE FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SWOPSMART WEBSITE, THE SERVICES, THE PRODUCTS, THE CONTENT, OR USER CONTENT, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY DECISION OR ACTION TAKEN IN RELIANCE UPON ANY CONTENT, ANY DELAYS, ERRORS, OMISSIONS OR INTERRUPTIONS IN DELIVERY, NEGLIGENCE, NATURAL DISASTERS, COMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE SWOPSMART WEBSITE OR THE CONTENT, OR FOR ANY TYPES OF DAMAGES OR LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
13. Exclusion of Consequential Damages; Further Limitation of Liability. IN NO EVENT SHALL WE OR ANY THIRD PARTY PROVIDER OR ANY OF OUR OR THEIR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR LICENSORS BE LIABLE TO YOU OR TO ANYONE ELSE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, CONSEQUENTIAL DAMAGES OR ANY OTHER LOSS OR INJURY CAUSED IN WHOLE OR IN PART IN RELATION TO THE WEBSITE, THE SERVICES, THE PRODUCTS, THE CONTENT OR THE USER CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THE "DISCLAIMER OF WARRANTIES" AND "DISCLAIMER OF LIABILITY" SECTIONS MAY NOT APPLY TO YOU. IN THOSE CIRCUMSTANCES, AS WELL AS ANY OTHER WHERE LIABILITY OCCURS, YOU ACKNOWLEDGE THAT THE ENTIRE LIABILITY OF Swopsmart UNDER THIS TOU, OR ANY MATTER RELATING TO THIS TERMS OO SE, REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION OR THEORY OF LIABILITY (INCLUDING CONTRACT, TORT, OR WARRANTY) SHALL NOT EXCEED ONE HUNDRED DOLLARS ($80) AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.
15. Statute of Limitations. Except for claims arising from your misuse of the Swopsmart Website or the Content, or claims arising from the User Content, you agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website, the Content or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.
16. Third Party Links. The Swopsmart Website may contain links to third party websites. We make no representation regarding the content or accuracy of any website that you may access through the Website. We do not monitor and are not responsible for the content found on other websites that are linked from the Website. We do not endorse, recommend or sponsor any linked website or the services, products or advice described on such site, and we shall have no liability for its content, including its accuracy, subject matter, quality or timeliness, or any personal information that you provide to such site. USE OF SUCH SITE IS AT YOUR OWN RISK. The views, opinions, statements, offers or other information or content expressed therein are those of the respective author(s) or distributor(s), not of Swopsmart.
17. Third Party Services. We may allow access to or advertise certain third-party product or service providers ("Merchants") from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants. You agree that use of or purchase from such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE. All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on any Merchant sites. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.
18. Security. We do not make warranties or representations regarding the security of Content or User Content. Data sent over the internet may be intercepted by third parties; if you are concerned about the security of your data, you should not send it over the internet.
19. User ID and Password. If you are a registered user, you are required to have a user ID and password to access certain areas of the Website. You are responsible for maintaining the confidentiality of your user ID and password and are responsible for all uses of them, regardless of whether the uses were authorized by you. We prohibit the transfer or sharing of user IDs and passwords. You agree to immediately notify us of any unauthorized use of your user ID or password or any other breach of security.
20. Termination. You agree that we may, in our discretion, and without prior notice, immediately terminate your access to the Website.
26. Contacting Swopsmart. If you have Website questions, comments, or concerns, please email email@example.com. Please include details of your questions, comments or concerns and your complete name and contact information.Click Here To Contact Us