Personal Settings

Introduction

This User Agreement and all policies posted on our site set out the terms on which Swapyourauto.com offers you access to and use of our sites, services, applications and tools (collectively "Services"). All policies and notices are incorporated into this User Agreement. You agree to comply with all the above when accessing or using our Services.

The entity you are contracting with is Brockport Development LLC, 516 NW 75th St, Unit #10, Gainesville, FL 32607 (herein "Swapyourauto.com").

Please be advised that this User Agreement contains provisions that govern how claims you and we have against each other are resolved (see Disclaimer of Warranties; Limitation of Liability and Legal Disputes provisions below). It also contains an Agreement to Arbitrate, which will, with limited exception, require you to submit claims you have against us to binding and final arbitration.

About Swapyourauto.com

Swapyourauto.com is a marketplace that allows users to offer, sell and buy motorized vehicles. The actual contract for sale is directly between the sellers and buyers.

Swapyourauto.com has no control over and does not guarantee the existence, quality, safety or legality of items advertised; the truth or accuracy of users' content or listings; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item.

Using Swapyourauto.com

In connection with using or accessing the Services you will not:

1. post, list or upload content or items in inappropriate categories or areas on our site;

2. breach or circumvent any laws, third party rights or our systems, policies, or determinations of your account status;

3. use our Services if you are not able to form legally binding contracts (for example if you are under 18), or are temporarily or indefinitely suspended from using our sites, services, applications or tools;

4. fail to pay for items purchased by you, unless you have a valid reason as set out in an Swapyourauto.com policy, for example, the seller has materially changed the item's description after you bid, a clear typographical error is made, or you cannot contact the seller;

5. fail to deliver items sold or traded by you, unless you have a valid reason as set out in an Swapyourauto.com policy, for example, the buyer fails to follow the posted terms or you cannot contact the buyer;

6. manipulate the price of any item or interfere with any other user's listings;

7. post false, inaccurate, misleading, defamatory, or libelous content;

8. transfer your Swapyourauto.com account (including Feedback) and user ID to another party without our consent;

9. distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;

10. distribute viruses or any other technologies that may harm Swapyourauto.com, or the interests or property of users;

11. use any robot, spider, scraper or other automated means to access our Services for any purpose;

12. bypass our robot exclusion headers, interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure;

13. export or re-export any Swapyourauto.com application or tool except in compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions;

14. reproduce, perform, display, distribute, reverse engineer, or prepare derivative works from content that belongs to or is licensed to Swapyourauto.com, or that comes from the Services and belongs to another Swapyourauto.com user or to a third party including works covered by any copyrights, trademark, patent, or other intellectual property right, except with prior express permission of Swapyourauto.com and/or any other party holding the right to license such use;

15. commercialize any Swapyourauto.com application or any information or software associated with such application;

16. harvest or otherwise collect information about users without their consent; or

17. circumvent any technical measures we use to provide the Services.

If we believe or discover that you are abusing Swapyourauto.com in any of the ways mentioned above or otherwise, we may, in our sole discretion, take any steps to prevent and mitigate such abuse such as limiting, suspending, or terminating your user account(s) and access to our Services, delaying or removing hosted content, removing any special status associated with your account(s), reducing or eliminating any discounts, and taking technical and/or legal steps to prevent you from using our Services.

We may cancel unconfirmed or delinquent accounts or accounts that have been inactive for a long time or modify or discontinue our Services. Additionally, we reserve the right to refuse or terminate our Services to anyone for any reason at our discretion.

Policy Enforcement

When a buyer or seller issue arises we may consider the user's performance history and the specific circumstances in applying our policies. We may choose to be more lenient with policy enforcement in an effort to do the right thing for both buyers and sellers.

Fees

There are currenlty no fees. But May be in the future.

Listing Conditions

When listing an item, you agree to comply with our rules and policies as may be amended from time to time and that:

1. You are responsible for the accuracy and content of the listing and item offered.

2. Content that violates any of Swapyourauto.com's policies may be deleted without notice to you at Swapyourauto.com's discretion.

3. The appearance or placement of listings in search and browse results may depend on a variety of factors, including, but not limited to:

   1. buyer's location, search query, browsing site, and history;

   2. item's location, listing format, price and shipping cost, terms of service, end time, history, and relevance to the user query;

   3. seller's history, Detailed Seller Ratings, Feedback, and defect rate; and

   4. number of listings matching the buyer's query.

Purchase/Swapping Conditions

When trading or buying an item, you agree to our rules and policies and that:

1. You are responsible for reading the full item listing before making an offer or commitment to buy or swap.

2. A bid or offer initiates a non-binding transaction representing a buyer's serious expression of interest in trading or buying the seller's item and does not create a formal contract between the buyer and the seller.

3. We do not transfer legal ownership of items from the seller to the buyer.

4. "70A-2-401(2) Florida Statutes and Uniform Commercial Code" 2-401(2) apply to the transfer of ownership between the buyer and the seller, unless the buyer and the seller agree otherwise.

Content

When providing us with content or causing content to be posted using our Services, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all copyright, publicity, trademarks, database rights and other intellectual property rights you have in the content, in any media known now or developed in the future. Further, to the fullest extent permitted under applicable law, you waive your moral rights and promise not to assert such rights or any other intellectual property or publicity rights against us, our sublicensees, or our assignees.

You represent and warrant that none of the following infringe any rights mentioned in the preceding paragraph: your provision of content to us, your causing content to be posted using the Services, and use of any such content (including of works derived from it) by us, our users, or others in contract with us that is done in connection with the Services and in compliance with this User Agreement.

Notice for Claims of Intellectual Property Violations and Copyright Infringement Pursuant to Section 512(c) of Title 17 of the United States Code

We respond to notices of alleged copyright infringement as required by the United States Digital Millennium Copyright Act. Swapyourauto.com strives to ensure that listed items do not infringe upon the copyright, trademark or other intellectual property rights of third parties. If you believe that your intellectual property rights have been infringed, please notify us.

Holds

To protect against the risk of liability, Swapyourauto.com has at times requested, and may continue to request, that PayPal restrict access to funds in a seller's PayPal account based on certain factors, including, but not limited to, selling history, seller performance, riskiness of the listing category. This may result in PayPal determining to restrict funds in your PayPal account in order to manage PayPal's risk exposure pursuant to PayPal policies.

Authorization to Contact You; Recording Calls

You agree to receive calls, including autodialed and/or pre-recorded message calls, from Swapyourauto.com at any of the telephone numbers (including mobile telephone numbers) that we have collected for you as authorized and described in our User Privacy Notice, including telephone numbers you have provided us, or that we have obtained from third parties or collected by our own efforts. If the telephone number that we have collected is a mobile telephone number, you consent to receive SMS or other text messages at that number. Standard telephone minute and text charges may apply if we contact you at a mobile number or device. You agree we may contact you in the manner described above at the telephone numbers we have in our records for these purposes:

1. To contact you for reasons relating to your account or your use of our Services (such as to collect a debt, resolve a dispute, or to otherwise enforce our User Agreement) or as authorized by applicable law.

2. To contact you for marketing, promotional, or other reasons that you have either previously consented to or that you may be asked to consent to in the future. If you do not wish to receive such communications, you can opt-out in the communications preference section of your My Swapyourauto.com.

We will not share your telephone number with non-affiliated third parties for their purposes without your explicit consent, but may share your telephone numbers with members of the Swapyourauto.com corporate family and/or our affiliates, for their use, as authorized under our User Privacy Notice.

Swapyourauto.com may, without further notice or warning and in its discretion, monitor or record telephone conversations you or anyone acting on your behalf has with Swapyourauto.com or its agents for quality control and training purposes or for its own protection. You acknowledge and understand that, while your communications with Swapyourauto.com may be overheard, monitored, or recorded without further notice or warning, not all telephone lines or calls may be recorded by Swapyourauto.com, and Swapyourauto.com does not guarantee that recordings of any particular telephone calls will be retained or retrievable.

Disclaimer of Warranties; Limitation of Liability

We try to keep our Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services. Bid update and other notification functionality in Swapyourauto.com's applications may not occur in real time. Such functionality is subject to delays beyond Swapyourauto.com's control.

You agree that you are making use of our Services at your own risk, and that they are being provided to you on an "AS IS" and "AS AVAILABLE" basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

In addition, to the extent permitted by applicable law, we (including our parent, subsidiaries, and affiliates, and our and their officers, directors, agents and employees) are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from:

1. your use of or your inability to use our Services;

2. pricing, shipping or other guidance provided by Swapyourauto.com;

3. delays or disruptions in our Services;

4. viruses or other malicious software obtained by accessing, or linking to, our Services;

5. glitches, bugs, errors, or inaccuracies of any kind in our Services;

6. damage to your hardware device from the use of any Swapyourauto.com Service;

7. the content, actions, or inactions of third parties, including items listed using our Services or the destruction of allegedly fake items;

8. a suspension or other action taken with respect to your account or breach of the Abusing Swapyourauto.com Section above;

9. the duration or manner in which your listings appear in search results as set out in the Listing Conditions Section above; or

10. your need to modify practices, content, or behavior or your loss of or inability to do business, as a result of changes to this User Agreement or our policies.

Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the lesser of (a) the amount of fees in dispute not to exceed the total fees, which you paid to us in the 12 months prior to the action giving rise to the liability, or (b) $100.

Release

If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

Indemnity

You will indemnify and hold us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees, agents) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach this Agreement, your improper use of Swapyourauto.com's Services or your breach of any law or the rights of a third party.

Legal Disputes

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND SWAPYOURAUTO.COM HAVE AGAINST EACH OTHER ARE RESOLVED.

You and Swapyourauto.com agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of this or previous versions of the Swapyourauto.com User Agreement your use of or access to the Services, or any products or services sold or purchased through the Services will be resolved in accordance with the provisions set forth in this Legal Disputes Section.

1. Applicable Law

   You agree that the laws of the State of Florida, without regard to principles of conflict of laws, will govern the User Agreement and any claim or dispute that has arisen or may arise between you and Swapyourauto.com, except as otherwise stated in the User Agreement.

2. Agreement to Arbitrate

   You and Swapyourauto.com each agree that any and all disputes or claims that have arisen or may arise between you and Swapyourauto.com relating in any way to or arising out of this or previous versions of the User Agreement, your use of or access to Swapyourauto.com's Services, or any products or services sold, offered, or purchased through Swapyourauto.com's Services shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.

   1. Prohibition of Class and Representative Actions and Non-Individualized Relief

      YOU AND SWAPYOURAUTO.COM AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND SWAPYOURAUTO.COM AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.

   2. Arbitration Procedures

      Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator should apply the terms of the User Agreement as a court would. All issues are for the arbitrator to decide, except that issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate, or the interpretation of Section 1 of this Agreement to Arbitrate ("Prohibition of Class and Representative Actions and Non-Individualized Relief"), shall be for a court of competent jurisdiction to decide.

      The arbitration will be conducted by the American Arbitration Association ("AAA") under its rules and procedures, including the AAA's Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by this Agreement to Arbitrate. The AAA's rules are available at www.adr.org or by calling the AAA at 1-800-778-7879. The use of the word "arbitrator" herein shall not be construed to prohibit more than one arbitrator from presiding over an arbitration, rather the AAA's rules will govern the number of arbitrators that may preside over an arbitration conducted under this Agreement to Arbitrate.

      A party who intends to seek arbitration must first send to the other, by certified mail, a completed form Notice of Dispute ("Notice"). You may download a form Notice here. The Notice to Swapyourauto.com should be sent to Swapyourauto.com Inc., Attn: Litigation Department, Re: Notice of Dispute 516 NW 75th St, Unit #10., Gainesville, FL 32607. Swapyourauto.com will send any Notice to you to the physical address we have on file associated with your Swapyourauto.com account; it is your responsibility to keep your physical address up to date. All information called for in the Notice must be provided, including a description of the nature and basis of the claims the party is asserting and the relief sought.

      If you and Swapyourauto.com are unable to resolve the claims described in the Notice within 30 days after the Notice is sent, you or Swapyourauto.com may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the AAA's site at www.adr.org. In addition to filing this form with the AAA in accordance with its rules and procedures, the party initiating the arbitration must mail a copy of the completed form to the opposing party. You may send a copy to Swapyourauto.com at the following address: Swapyourauto.com, Inc. 516 NW 75th St, Unit #10, Gainesville, FL 32607. In the event Swapyourauto.com initiates an arbitration against you, it will send a copy of the completed form to the physical address we have on file associated with your Swapyourauto.com account or the email address we have in case you did not disclose your physical address. Any settlement offer made by you or Swapyourauto.com shall not be disclosed to the arbitrator.

      The arbitration shall be held in Alachua County, Florida or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or Swapyourauto.com may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Swapyourauto.com subject to the arbitrator's discretion to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and/or Swapyourauto.com may attend by telephone, unless the arbitrator requires otherwise.

      The arbitrator will decide the substance of all claims in accordance with the laws of the State of Florida, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same Swapyourauto.com user to the extent required by applicable law. The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

   3. Costs of Arbitration

      Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules, unless otherwise stated in this Agreement to Arbitrate In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse Swapyourauto.com for all fees associated with the arbitration paid by Swapyourauto.com on your behalf that you otherwise would be obligated to pay under the AAA's rules.

   4. Severability

      With the exception of any of the provisions in Section 1 of this Agreement to Arbitrate ("Prohibition of Class and Representative Actions and Non-Individualized Relief"), if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If an arbitrator or court decides that any of the provisions in Section 1 of this Agreement to Arbitrate ("Prohibition of Class and Representative Actions and Non-Individualized Relief") is invalid or unenforceable, then the entirety of this Agreement to Arbitrate shall be null and void. The remainder of the Agreement and its Legal Disputes Section will continue to apply.

   5. Future Amendments to the Agreement to Arbitrate

      Notwithstanding any provision in the User Agreement to the contrary, you and we agree that if we make any amendment to this Agreement to Arbitrate (other than an amendment to any notice address or site link provided herein) in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against Swapyourauto.com prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the Agreement to Arbitrate that have arisen or may arise between you and Swapyourauto.com. We will notify you of amendments to this Agreement to Arbitrate by posting the amended terms on www.Swapyourauto.com.com at least 30 days before the effective date of the amendments and by providing notice through the Swapyourauto.com Message Center and/or by email. If you do not agree to these amended terms, you may close your account within the 30 day period and you will not be bound by the amended terms.

3. Judicial Forum for Legal Disputes

   Unless you and we agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt-out of the Agreement to Arbitrate or as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and Swapyourauto.com must be resolved exclusively by a Florida state court located in Alachua County, Florida. You and Swapyourauto.com agree to submit to the personal jurisdiction of the courts located within Alachua County, Florida for the purpose of litigating all such claims or disputes.

General

Swapyourauto.com Inc. is located at 516 NW 75th St, Unit #10, Gainesville, FL 32607.

Except as otherwise provided in this Agreement, if any provision of this User Agreement is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions. In our sole discretion, we may assign this User Agreement, by providing notice of such assignment in accordance with the Notices Section.

Headings are for reference purposes only and do not limit 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. We do not guarantee we will take action against all breaches of this User Agreement.

We may amend this User Agreement at any time by posting the amended terms on www.Swapyourauto.com.com. Our right to amend the User Agreement includes the right to modify, add to, or remove terms in the User Agreement. We will provide you 30 days notice by posting the amended terms. Additionally, we will notify you through the Swapyourauto.com Message Center and/or by email. Your continued access or use of our Services constitutes your acceptance of the amended terms. We may also ask you to acknowledge your acceptance of the User Agreement through an electronic click-through. This User Agreement may not otherwise be amended except through mutual agreement by you and a Swapyourauto.com representative who intends to amend this User Agreement and is duly authorized to agree to such an amendment.

The policies posted on our sites may be changed from time to time. Changes take effect when we post them on the Swapyourauto.com site.

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this User Agreement.

The User Agreement, the User Privacy Notice, and all polices set forth the entire understanding and agreement between you and Swapyourauto.com and supersede all prior understandings and agreements of the parties.

The following Sections survive any termination of this User Agreement: Fees, Content, Disclaimer of Warranties; Limitation of Liability; Indemnity, and Legal Disputes.

If you are a California resident, in accordance with Cal. Civ. Code 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.