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Terms of Service |
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THE FOLLOWING DESCRIBES
THE TERMS ON WHICH CERTIFICATESWAP.COM OFFERS
YOU ACCESS TO OUR SERVICES.
Welcome to the user agreement (the "Agreement"
or "User Agreement") for CertificateSwap.com.
If you reside outside of the United States,
then membership to our website is not currently
available. This Agreement describes the terms
and conditions applicable to your use of our services
available under the domain and sub-domains of
www.CertificateSwap.com (the "Site").
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 have any questions, please refer to our
Help Guide and Frequently Asked Questions.
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 CertificateSwap.com. We strongly recommend
that, as you read this User Agreement, you also
access and read the information contained in the
other pages and websites referred to in this document,
as they may contain further terms and conditions
that apply to you as a CertificateSwap.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. |
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- 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
CertificateSwap.com members. If you are a under
the age of 18, you can use this service only
in conjunction with, and under the supervision
of your parents or legal guardians. If you do not
qualify, please do not use our Site. Further,
your CertificateSwap.com account (including feedback)
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.
- Fees and Services
2.1 Joining and making purchases on CertificateSwap.com
is free. We do not charge a seller any fee
for listing a certificate, however when the
certificate or item sells, a processing fee
is assessed in accordance with our fee policy.
Our fee policy also explains how and when
your account is charged for certain items
and when payment will be made to you. We may
change our fee policy and the fees 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
Site. However, we may choose to temporarily
change our fees 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 and
shall be effective only for business directly
related to such promotional event. We may
in our sole discretion change, cancel or restrict
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 Site and all
applicable taxes.
Note: We have put in place a 30-day cash balance payout waiting period, which adds an extra step towards protecting the rightful owners of the credit/debit cards used on the purchase side of any transaction! For more on claiming and collecting your cash balance with the site, please read here and refer to 5) When am I paid?.
2.2 Identity Verification Process:
In order to provide highest possible level of security for our users,
and in order to provide a fraud-free enironment for our marketplace,
we have designed and implemented an Identity Verification Process, which attempts to
establish wether the credit/debit card used during account registration with the site
actually belong to their rightful owner. For this purpouse, our system charges the debit/credit
card you submit during registration with the site a random amount worth cents, always lower and never equal to $1.00.
We then ask you to call your financial institution, pass their established security scrutiny and ask
what the amount of that Identoy Verification charge was. Once you find out, we ask you to come back to the site, log in, click on the Sell tab, and
input that amount in the designated input box in the 0.00 format. For example, if you were
charged 75 cents, the proper input format would be 0.75. You have 3 attempts, and if all are not successful, your account will be locked
out. Should this happen, please contact us at Info@CertificateSwap.com and state the amount our system charged you, along with your username
and the fact you have been locked out of your account. Given that the amount you state coincides with our records, we will activate your account
for you and it will be ready to use.
NOTE: No refunds will be provided by the means of crediting the debit/credit card used in the
Identity Verification Process on the site. Instead, the amoun charged (always worth cents, and less than $1) will be deposited to your account
with the site upon successful verification of that amount on your part.
- CertificateSwap.com
is a Venue
3.1 CertificateSwap.com is an online marketplace
connecting consumers looking to either buy
or sell a gift certificate to a merchant.
Discount certificates and percentage-off certificates
are not permitted. The Site acts as a venue
to allow anyone to offer, sell, and buy a
gift certificate issued by retailers and merchants
nationwide. We operate on a fixed price format
and allow our sellers to set the price of
their gift certificate as long as it is no
more than the face value of the certificate
less the greater of (i) 3% of face value or
(ii) $1.50. We are not involved in the actual
transaction between buyers and sellers 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, and nothing in this agreement shall
modify the governing provisions of New York Code Com.
Code § 2-401 and Uniform Com. Code § 2-401(2), under
which legal ownership of an item is transferred upon
physical delivery of the item to the buyer by the seller.
3.2 Identity Verification. We use many techniques
to verify the accuracy of the information
our users provide us when they register on
the Site. However, because user verification
on the Internet is difficult, CertificateSwap.com
cannot and does not confirm each user's purported
identity. Thus, we have established a user-initiated
feedback system to help you evaluate with
whom you are dealing. We also encourage you
to communicate directly with potential trading
partners through the tools available on the
Site.
3.3 Release. Because we are a venue, in the
event that you have a dispute with one or
more users, you release CertificateSwap.com (and
our owners, 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.
3.4 Information Control. 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 CertificateSwap.com is not responsible
for the acts or omissions of users on the
Site.
- Listing and
Selling
4.1 Listing Description. You must be legally
able to sell the item(s) you list for sale
on the Site. The gift certificate must be
transferable. You must describe your item
and all terms of sale on the listing page
of the Site. Your listings may only include
text descriptions relevant to the sale of
that item. All listed items must be listed
in an appropriate category.
4.2 Fraud. Without limiting any other remedies,
CertificateSwap.com may suspend or terminate your
account if we in our sole discretion suspect
that you (by conviction, settlement, insurance
or investigation, or otherwise) have engaged
in fraudulent activity in connection with
the Site or any other practices that are offensive,
harmful, inaccurate or deceptive.
- Your Information
5.1 Definition. "Your Information"
is defined as any information you provide
to us or other users in the registration,
bidding or listing process, in any public
message area (i.e., the feedback area) 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.
5.2 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, shall be posted only
in the Mature Audiences section and shall
be distributed only to people legally permitted
to receive such content; (g) contain any viruses,
Trojan horses, worms, time bombs, cancelbots,
easter eggs 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; or (i) link directly
or indirectly to or include descriptions of
goods or services that: (aa) are prohibited
under this Agreement; (bb) are identical to
other items you have up for auction but are
priced lower than your item's reserve or minimum
bid amount; (cc) are concurrently listed for
sale on a web site other than CertificateSwap.com's
(this does not prevent linking to or advertising
an CertificateSwap.com item from another web site).
5.3 License. To enable CertificateSwap.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, sublicensable (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. CertificateSwap.com
will only use Your Information in accordance
with our Privacy Policy.
- 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 CertificateSwap.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 CertificateSwap.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.
- Feedback
7.1 Integrity. You may not take any actions
that may undermine the integrity of the feedback
system. We may limit the number of purchases
and listings you may place on the Site based
upon the level of your feedback. If you earn
a net feedback rating of -2 (minus two), your
membership may be suspended, and you may be
unable to list or bid.
7.2 Export. You acknowledge that your feedback
consists of comments left by other users and
a composite feedback number compiled by CertificateSwap.com,
and that the composite number without the
comments does not convey your full user profile.
Because feedback ratings are not designed
for any purpose other than for facilitating
trading between CertificateSwap.com users, you
agree that you shall not market or export
your CertificateSwap.com feedback rating in any
venue other than an CertificateSwap.com operated
website.
7.3 Import. We do not provide you the technical
ability to import feedback from other websites
to CertificateSwap.com because a composite number,
without the corresponding feedback does not
reflect your true online reputation within
our community.
- Breach
Without limiting other remedies, we may limit
your activity, immediately remove your bids
or item listings, warn our community of your
actions, issue a warning, temporarily suspend,
indefinitely suspend or terminate your membership,
refuse to provide our services to you or take
such other action we deem reasonable in our
sole discretion 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.
- 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 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.
- No Warranty
WE, OUR OWNER, 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 OWNER, SUBSIDIARIES, OFFICERS,
DIRECTORS, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY
DISCLAIM 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 foregoing disclaimer may not apply
to you. This warranty gives you specific legal
rights and you may also have other legal rights
that vary from state to state.
- Liability Limit
IN NO EVENT SHALL WE, OUR OWNER, SUBSIDIARIES, OFFICERS,
DIRECTORS, EMPLOYEES OR OUR SUPPLIERS 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).
OUR LIABILITY, AND THE LIABILITY OF OUR OWNER, SUBSIDIARIES,
OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS,
TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE
IS LIMITED TO THE GREATER OF (A) THE AMOUNT
OF FEES YOU PAY TO US IN THE 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.
- Indemnity
You agree to indemnify and hold us and (as
applicable) our owner, subsidiaries, affiliates,
officers, directors, agents, and employees,
harmless from any claim or demand, including
reasonable attorneys' fees, made by any person
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 such person.
- Legal Compliance
You shall comply with all applicable domestic
and international laws, statutes, ordinances
and regulations regarding your use of our
service and your bidding on, listing, purchase,
solicitation of offers to purchase, and sale
of items.
- No Agency
You and CertificateSwap.com are independent contractors,
and no agency, partnership, joint venture,
employee-employer or franchiser-franchisee
relationship is intended or created by this
Agreement.
- Notices
Except as explicitly stated otherwise, any
notices shall be given by electronic mail to Info@CertificateSwap.com
(in the case of CertificateSwap.com)
or to the electronic mail address you provide to CertificateSwap.com
during the registration process (in your case).
Alternatively, we may give you notice by certified
mail, postage prepaid and return receipt requested,
to the address provided to CertificateSwap.com
during the registration process. In such case,
notice shall be deemed given 3 days after
the date of mailing.
- Resolution of
Disputes
In the event a dispute arises between you
and CertificateSwap.com, our goal is to provide
you with a neutral and cost effective means
of resolving the dispute quickly. Accordingly,
you and CertificateSwap.com agree that any claim
or controversy at law or equity that arises
out of this Agreement or our services ("Claims")
shall be resolved in accordance with one of
the subsections below or as otherwise mutually
agreed upon in writing by the parties. Before
resorting to these alternatives, we strongly
encourage you to first contact us directly
to seek a resolution and we will consider
reasonable requests to resolve the dispute
through alternative dispute resolution procedures,
such as mediation, as an alternative to litigation.
16.1 Binding Arbitration. For any Claim (excluding
Claims for injunctive or other equitable relief)
where the total amount of the award sought
is less than $10,000, you or CertificateSwap.com
may elect to resolve the dispute through binding
arbitration conducted by telephone, on-line
and/or based solely upon written submissions
where no in-person appearance is required.
In such cases, the arbitration shall be administered
by the American Arbitration Association or
JAMS in accordance with their applicable rules,
or any other established ADR provider mutually
agreed upon by the parties. Any judgment on
the award rendered by the arbitrator may be
entered in any court having jurisdiction thereof.
16.2 Court. Alternatively, any Claim may be
adjudicated by a court of competent jurisdiction
located in New York City, New York or where
the defendant is located (in our case New York
City, New York, and in your case your home
address or principal place of business). You
and CertificateSwap.com agree to submit to the
personal jurisdiction of the courts located
within the City of New York, New York.
16.3 Alternative Dispute Resolution. Alternatively,
CertificateSwap.com will consider use of other
alternative forms of dispute resolution, such
as binding arbitration to be held in New York City, New York or another location
mutually agreed upon by the parties. All Claims
(excluding requests for injunctive or equitable
relief) between the parties must be resolved
using the dispute resolution mechanism that
is selected in accordance with this Section
by the first party to file a Claim. Should
either party file an action contrary to this
Section 16, the other party may recover attorneys'
fees and costs up to $1,000, provided that
the party seeking the award has notified the
other party in writing of the improperly filed
Claim, and the other party has failed to withdraw
the Claim.
- 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: [click
here]
Listing Policy: [click
here]
Questions/Answers: [click
here]
Each of these policies may be changed from
time to time and are effective immediately
after we post the changes on the Site, except
for the Privacy Policy for which we will provide
you with thirty days prior notice. 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.
- General
This Agreement shall be governed in all respects
by the laws of the State of New York as such
laws are applied to agreements entered into
and to be performed entirely within New York
between New York residents. We do not guarantee
continuous, uninterrupted or secure access
to our services, and operation of the Site
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. You agree that
this Agreement and all incorporated agreements
may be automatically assigned by CertificateSwap.com
in accordance with Section 16 "Notices",
in our sole discretion, Headings are for reference
purposes only and in no way define, limit,
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. This Agreement sets forth
the entire understanding and agreement between
us with respect to the subject matter hereof.
Sections 2 (Fees and Services) with respect
to fees owed for our services, 3.4 (Release),
6.3 (License), 7 (Access and Interference),
12 (Liability Limit), 13 (Indemnity) and 16
(Resolution of Disputes) shall survive any
termination or expiration of this Agreement.
- Disclosures
The services hereunder are offered by CertificateSwap.com, located in Manhattan, New York City, New York.
Fees for our services are described
at [click
here].
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| Disputes between you and
CertificateSwap.com regarding our services may be
reported to Customer Support by going to [click
here]. We encourage you to report all user-to-user
disputes to your local law enforcement, postmaster
general, or a certified mediation or arbitration
entity. |
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