Terms of Use

1. 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 Swapagift.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 guardians. If you do not qualify, please do not use our Site. Further, your swapagift.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.

2. Fees and Services
We charge sellers a fee of $1.99 for listing gift cards on swapagift.com. This fee will be charged to your Mastercard or Visa account and will appear as Swapathing, Inc.  on your monthly statement.   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.

3. Swapagift.com is a Venue
3.1 Swapagift.com is an online marketplace connecting consumers looking to either buy, sell or swap gift cards to a merchant.  Gift cards listed on our site must be transferable. The Site acts as a venue to allow anyone to buy, sell, or swap a gift card issued by retailers and merchants nationwide. We operate on a fixed price format and allow our sellers to set the price of their gift card as long as it is no more than the face value of the gift card. We are not involved in the actual transaction between buyers and sellers and shall have no liability or responsibility for any transac?tion. 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. 
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 can be difficult, swapagift.com cannot confirm each user's purported identity. Thus, we encourage you to communicate directly with the trading partners.
3.3 Release. Because we are a venue, in the event that you have a dispute with one or more users, you release swapagift.com (and our 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 offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using our web site.  In addition, there are risks of dealing with underage persons or people acting under false pretense. By using this web Site, you agree to accept these risks and swapagift.com is not responsible for the acts or omissions of users on the Site.

 4. 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 card 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 and all gift cards must be listed in an appropriate category.
4.2 Fraud. Without limiting any other remedies, swapagift.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.      
4.3 You are obligated as the Seller to complete the transaction with the Buyer, unless there is an exceptional circumstance i.e., the buyer fails to meet the terms of you listing (payment method), or you cannot authenticate the buyer's identity.
4.4 Buyers and Sellers cannot manipulate the price of any item or interfere with user's listings or transactions in any way.
4.5 All items must be described and conditions of usage must be accurate. If it is determined that a gift card was misrepresented or in the event that a gift card was not mailed to the other party, the seller/owner of the gift card will be charged the face value of the gift card plus a $25 processing fee. This will be charged to your credit card.

5. Accepting the Seller's offer/Buying
As a Buyer you are obligated to complete the transaction with the Seller:
If you buy a gift card for cash as listed by the seller at the price specified by the seller or have agreed to swap a gift card for another gift card unless law prohibits the transaction. By buying, selling or swapping gift cards you agree to be bound by the conditions of the sale included in the item's description so long as those conditions of sale are not in violation of this agreement or deemed unlawful.  Offers are not retractable except where exceptional circumstances, such as when the seller changes the card description after you made the buy, or you cannot authenticate the seller's identity or when the seller does not confirm the purchase.   

6. Your Information
6.1   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.
6.2 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 swapagift.com (this does not prevent linking to or advertising a swapagift.com item from another web site).
6.3 License. To enable swapagift.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. Swapagift.com will only use Your Information in accordance with our Privacy Policy.

7. 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 swapagift.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 Swapagift.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.

8. Breach
Without limiting other remedies, we may limit your activity, immediately remove your 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.

9. 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.

10. No Warranty
WE, OUR 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 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 disclaimer may not apply to you. The warranty gives you specific legal rights, in addition, you may also have other legal rights that may vary from state to state.
11. Liability Limit
IN NO EVENT SHALL WE, OUR 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 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.

12. Indemnity
You agree to indemnify and hold us and (as applicable) our parent, 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.

13. 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.

14. No Agency
You and swapagift.com are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

15. Notices
Except as explicitly stated otherwise, any notices shall be given by postal mail to Swapagift.com. Attn: Legal Department  13 Summit Square Center #106 Langhorne, PA  19047 . Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to swapagift.com during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.

16. Resolution of Disputes
In the event a dispute arises between you and swapagift.com, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and swapagift.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 swapagift.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 Langhorne Pennsylvania where the defendant is located. And in your case your home address or principal place of business). You and swapagift.com agree to submit to the personal jurisdiction of the courts located within the City of Langhorne, PA.
16.3 Alternative Dispute Resolution. Alternatively, swapagift.com will consider use of other alternative forms of dispute resolution, such as binding arbitration to be held in Langhorne, PA 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 15, the other party may recover attorneys' fees and costs up to $1000, 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.

17. 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 and FAQsEach 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.

18. General
This Agreement shall be governed in all respects by the laws of the State of Pennsylvania as such laws are applied to agreements entered into and to be performed entirely within Pennsylvania between Pennsylvania 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 swapagift.com in accordance with Section 14 "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.

19. Disclosures
The services hereunder are offered by Swapagift.com Inc., located at 13 Summit Square Center #106 Langhorne, PA  19047. Disputes between you and swapagift.com regarding our services may be reported to CustomerService@swapagift.com.  We encourage you to report all user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity.

By registering you agree to our Terms of Service & Privacy Policy, and that you are at least 18 years of age.