Terms of Service Last updated: January 1, 2022
Welcome to Swap Motors. These Terms of Service (“Terms”) govern all use of the websites, applications, content, products and services (individually, a “Service” and collectively, the “Services”), made available by Swap Motors, LLC, a Delaware limited liability company, and its subsidiaries and affiliates (collectively, “Swap Motors”), which Services are accessible at www.swapmotors.com, any other websites through which Swap Motors makes the Services available, and as an application for mobile devices (collectively, the “Site”), as links that can be put on other sites, and Services which may be provided by Swap Motors in conjunction with the listing of Vehicles (as defined below), or any Services that are provided by third-party providers in conjunction with the Vehicles (as defined below) listed on the Site, including but not limited to any Vehicle evaluations, appraisals, reports, financing, service contracts, insurance, registration/titling, and escrow services. Swap Motors may also offer third-party content, products or services which are governed by additional or different terms. We may refer to ourselves as “Swap Motors,” “we,” “us” or “our” in these Terms. PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SITE AND SERVICES. In these Terms, the words "including" and "include" mean "including, but not limited to."
If you have any questions or concerns about our Service or these Terms, you may contact us by email atinfo@SwapMotors.com.
Supplemental or additional terms may apply to certain Service(s) or in connection with the applicable Service(s), and may require you to agree with and accept additional terms and conditions, or more specific agreements you may have or make with Swap Motors. Supplemental or additional terms are in addition to, and shall be deemed a part of the Terms and the Agreement for the purposes of the applicable Service(s). If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site or under any other specific agreements you have or make with Swap Motors, the supplemental terms and conditions will take precedence with respect to the applicable Service(s). In addition to this Agreement, you may be subject to other agreements with Swap Motors or Swap Motors’ third party partners if you enter into a transaction using the Services.
“Swap Content” means all Content that Swap Motors makes available through the Site or Services, including any Content licensed from a third-party, but excluding User Content.
“Collective Content” means User Content and Swap Motors Content.
“Content” means text, graphics, images, music, software, audio, video, information or other materials.
“Seller(s)” means a person who uses the Site or Services to sell a Vehicle and for any and all services related to such sale.
“Buyer(s)” means a person or entity who uses Site or Services to buy a Vehicle or any and all other services related to such purchase.
“Listing” means a Vehicle that is listed for sale via the Site and Services.
“Listing Price” means the price a Vehicle is initially listed for sale via the Site and Services.
“User” means a person who uses the Site or Services.
“User Content” means all Content that a User posts, uploads, publishes, submits or transmits to be made available through the Site or Services, including, but not limited to User Personal Information and Vehicle Information.
“Vehicle” means any transportation-related motor Vehicle, including automobiles, motorcycles, recreational Vehicles and trucks.
“Vehicle Information” means all the information provided by a User in connection with the sale of a Vehicle including, but not limited, to Vehicle information (e.g., make, model, color, condition, style, history, condition and mileage); Vehicle identification number (VIN), Vehicle license plate number, Vehicle loan and lender information, Vehicle title information, Vehicle title documents, Content related to the Vehicle including pictures and any and all other Vehicle information provided by a User.
“User Information” means all information provided by the User in connection with registration of an Account (as defined below), including, but not limited to name, mailing address, home address, telephone number, email, bank account information, payment processing information, username, password, Content related to the User Personal Information including pictures, and other personal information provided by a User.
Swap Motors is a Vehicle listing and information service that brings together Sellers and Buyers.
SWAP MOTORS IS NOT AN AUTOMOBILE BROKER OR DEALER AND DOES NOT SELL, EXCHANGE, BUY, OR OFFER FOR SALE, NEGOTIATE OR ATTEMPT TO NEGOTIATE, A SALE OR EXCHANGE OF AN INTEREST IN ANY VEHICLE LISTED FOR SALE ON OUR SERVICE.
SWAP MOTORS IS NOT AN OWNER OR RE-SELLER OF VEHICLES, AN OPERATOR OF A DEALERSHIP, AN ADMINISTRATOR OF A VEHICLE SERVICE PLAN, A MECHANIC FACILITY, OR A PROVIDER OF FINANCING. SWAP MOTOR’S RESPONSIBILITIES ARE LIMITED TO: (I) FACILITATING THE AVAILABILITY OF THE SITE, AND SERVICES.
Although Swap Motors is not a party to any Vehicle sale contract between Vehicle Buyers and Sellers that originates on or through the Services, the Site and the Services may enable users to facilitate a connection with third parties (including, without limitation, third party service providers or other Users who may be interested who may be interested in purchasing Vehicles) for products and services including, but not limited to, Vehicle financing, service contracts, mechanical breakdown insurance, Vehicle registration/titling, and Vehicle transfer escrow services. Not all ancillary products and services are available in every state. We have the unrestricted right to sub-contract and/or assign the performance/fulfillment of any of the products and services we offer to third party providers of our choice.
SWAP MOTORS DOES NOT OWN, SELL, CONTROL, MANAGE, OPERATE, ENDORSE, SPONSOR, AND IS NOT INVOLVED IN ANY MANNER WHATSOEVER WITH SUCH THIRD PARTIES OR ANY SUCH SERVICES. YOU UNDERSTAND AND AGREE THAT SWAP MOTORS IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN VEHICLE SELLERS AND BUYERS FOR THE SALE OF VEHICLES OR ANY ADD-ON OR ANCILLARY SERVICES PROVIDED BY ANY THIRD PARTIES, NOR IS SWAP MOTORS A DEALERSHIP, CAR DEALER, AN AGENT, AN ADMINISTRATOR, OR AN INSURER. SWAPMOTORS HAS NO CONTROL OVER THE CONDUCT OF THIRD PARTIES, SELLERS AND BUYERS OR OTHER USERS OF THE SITE AND SERVICES OR ANY PRONOUNCEMENTS MADE ABOUT VEHICLES, AND DISCLAIM ALL LIABILITY IN THIS REGARD.
SWAP MOTOR’S SERVICES OFFER AN APPRAISAL TOOL, ASSESSING THE VALUE OF CERTAIN VEHICLES BASED ON CERTAIN CRITERIA. SWAP MOTORS MAKES NO REPRESENTATIONS REGARDING THE APPRAISAL TOOL AND/OR ITS ACCURACY.
ANY VEHICLE EVALUATION REPORTS PROVIDED BY SWAP MOTORS ARE SOLELY FOR THE PURPOSES OF DETERMINING THE MARKETABILITY OF THE VEHCILE AND DETERMINING A LISTING PRICE. SWAPMOTORS IS NOT A MECHANIC FACILITY AND MAKES NO REPRESENTATIONS REGARDING ANY VEHICLE CONDITION, DAMAGE OR DEFECT WITH RESPECT TO A VEHCILE. YOU AGREE THAT YOU SHALL NOT RELY ON THE VEHICLE EVALUATION REPORTS PROVIDED BY SWAP MOTORS AS ANY INDICATION OF THE CONDITION OF THE VEHICLE, AND AGREE TO employ customary standards when evaluating a Vehicle, such as, having independent certified mechanic evaluate and inspect the Vehicle, conduct a test drive, etc.
We may make changes to these Terms from time to time. When we do, we will revise the “effective” date given above. While we may, from time to time, alert you to changes in the Terms, it is your responsibility to review these Terms frequently and to remain informed of any changes to them. The then-current version of these Terms will supersede all earlier versions. You agree that your continued use of our Service after such changes have been published to our Service will constitute your acceptance of such revised Terms.
You agree that these Terms are supported by reasonable and valuable consideration, the receipt and adequacy of which you hereby acknowledge, including, without limitation, your access to and use of the Service and data, materials and information available at or through the Service.
All Users must be at least 18 years old to use the Swap Motors Service and by using the Service, you represent that you are at least 18 years old.
In order to access certain features of the Site and Services, you will be required to register for an account with Swap Motors (the “Account”). You may only register to join the Site directly via the Site, including any application for mobile devices.
You agree to provide accurate, current and complete Account information and to update such information to keep it accurate, current and complete. You shall not: (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than you without appropriate authorization; or (iii) use, as a username, a name that is otherwise offensive, vulgar or obscene.
You are solely responsible for the activity that occurs on your Account, and for safeguarding your Account password and keeping it secure. You agree that you will not disclose your password to any third-party and that you will take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify Swap Motors of any unauthorized use of your Account.
You may never use another person’s Account or User Information for the Services without permission. You must notify us immediately of any change in your eligibility to use the Site and Services, breach of security or unauthorized use of your Account.
Once an Account has been registered, Sellers may list a Vehicle for sale using our Service. Sellers may not charge any potential Buyer for information about any Vehicle listed for sale on Swap Motors’ Services, nor may you use our Services to promote, without our prior written permission, any other website, product, or service. Sellers must be prepared to sell their Vehicles at the price at which, and on the terms on which, they are listed. Sellers must have possession of the actual Vehicle listed and the proper authority to transfer title. In order to list a Vehicle for sale on Swap Motors, a Seller must be the registered owner of the Vehicle being listed for sale or be able to provide a power of attorney authorizing the Seller to sign documents necessary to transfer the Vehicle and pay any outstanding lien(s) on behalf of the registered owner.
Sellers represent that you are not a motor Vehicle dealer or broker, or acting in the capacity as an owner, employee or representative of a dealer or broker.
Each listing may be used to advertise only one Vehicle, regardless of a listing’s duration. For this reason, you cannot edit your Vehicle’s year, make, model, or VIN once your Vehicle is listed. Always make certain this information is accurate before listing your automobile. Swap Motors reserves the right (but assumes no obligation) to delete, move, or edit any listings that we consider unacceptable or inappropriate, whether for legal or other reasons. Swap Motors reserves the right to accept or reject any Vehicle or User from participating in our Site and our Services at our sole discretion.
Swap Motors does not endorse any User or any Vehicle. In addition, although these Terms require Users to provide accurate information, we do not attempt to confirm, and do not confirm, any User’s purported identity. You are responsible for determining the identity and suitability of others who you contact via the Site and Services.
Once the Seller and Buyer have agreed to buy/sell a listed Vehicle and the terms are agreed upon, then fees may be incurred by one or more parties in the event other services are accessed (e.g. Vehicle registration services and/or escrow services).
Vehicles listed on Swap Motors include a listing price. The listing price is determined by Swap Motors at it’s sole discretion. Swap Motors uses proprietary techniques and industry standards to determine a listing price at optimal market rates. Listing prices exclude government fees and taxes, finance charges, registration and titling fees, regulatory and electronic processing charges, inspection charges, and any other fees required by law, any or all of which may be added to the listed price to arrive at the final sale price of a particular Vehicle. Users utilize our Service to negotiate and accept a Final Purchase Price at their own discretions. Swap Motors is not involved in User negotiation of price.
Vehicle Information regarding a Vehicle is supplied by the Seller and verified by Swap Motors through a Vehicle Evaluation. Swap Motors is not responsible for incorrect information given by Users, including information regarding Vehicles, including but not limited to Vehicle mileage, condition, or history.
Swap Motors evaluates each Vehicle based on the Vehicle information provided by the Users and solely for the purposes of determining a listing price at optimal market rates. You agree that any such evaluation is not and does not constitute an inspection of the Vehicle, and Swap makes no representation or warranty regarding the condition of the Vehicle, damage or defects. Each Vehicle may be evaluated more than once to capture the current marketability of a Vehicle. Swap Motors may take photos/videos of the Vehicle during the evaluation and evaluate. Each Vehicle will receive at least one Vehicle Evaluation Report describing the overall marketability of the Vehicle. The purpose of the Vehicle Evaluation Report is to provide an informational description of the Vehicle for Buyers to make informed decisions prior to viewing a Vehicle in person. After reviewing the Vehicle Evaluation Report, we urge Buyers to employ customary standards when evaluating a Vehicle, such as, having independent certified mechanic evaluate and inspect the Vehicle, conduct a test drive, etc.
SWAP MOTORS SPECIFICALLY DISCLAIMS ANY LIABILITY FOR ANY LOSS OR DAMAGE ARISING FROM OR IN CONNECTION WITH OWNERSHIP OR OPERATION OF ANY VEHICLE AND FURTHER DISCLAIMS ANY LIABILITY OF ANY HIDDEN COLLISION DAMAGE OR TAMPERED COMPONENTS. FURTHER DISCLAIMED IS ANY LIABILITY FOR ANY DAMAGE OR DEFECTS NOT FOUND DURING A VEHICLE INSPECTION. OTHER CONDITIONS MAY EXIST WHICH DID NOT OCCUR OR APPEAR DURING VEHICLE INSPECTION AND ARE NOT THE RESPONSIBILITY OF SWAP MOTORS. THE VEHICLE INSPECTION REPORT PROVIDED IS INTENDED SOLELY AS A VISUAL EVALUATION OF COMPONENTS INSPECTED AT THE TIME AND DATE OF EXAMINATION. THE REPORT IS FOR INFORMATION ONLY AND IS NOT TO BE CONSIDERED A RECOMMENDATION FOR OR AGAINST THE SALE OR REPAIR OF THE VEHICLE. THERE ARE NO IMPLIED OR EXPRESSED WARRANTIES OR GUARANTEES OF ANY KIND IN CONNECTION WITH ANY VEHICLE INSPECTION REPORT.
Vehicle history reports are provided for informational purposes only from an unaffiliated third-party Vehicle report provider, and Swap Motors is not responsible for any incorrect information or mistakes. We cannot verify the information/photos that Sellers supply or guarantee the Vehicles they offer. When using this Service to buy or sell a Vehicle, please use common sense and good judgment. When dealing with prospective purchasers/Sellers, we urge you to take the same precautions you would take if you were purchasing/selling a car through a classified ad in the newspaper.
You acknowledge and agree that Swap Motors is merely the facilitator in the transaction and expressly disclaims any and all expressed and/or implied warranties as to merchantability, fitness for a particular purpose, or any other matter whatsoever with respect to a Vehicle. You acknowledge and agree to satisfy yourself as to the condition and value of a Vehicle and the terms of any purchase or sale. You further agree to look to the counter-party (either Buyer or Seller) in such a transaction, and not Swap Motors, for any legal claims falling outside your rights under the Arbitration Policy.
SWAP MOTORS MAKES NO GUARANTEES, WARRANTEES OR REPRESENTATIONS REGARDING ANY VEHICLES LISTED FOR SALE ON OUR SERVICE. VEHICLE SALES ARE BETWEEN THE BUYER AND THE SELLER ONLY. SWAP MOTORS DOES NOT OWN, BUY OR SELL ANY VEHICLES LISTED FOR SALE ON OUR SERVICE.
If you obtain Financing, Mechanical Breakdown Insurance, or a Service Contract from from any third party provider, such additional services will be obtained from third parties, not from Swap Motors, and additional terms and conditions apply. You acknowledge and agree that Swap Motors is not and agent, dealer, administrator, insurer or affiliate for any third party services providers for any such services.
Unless expressly otherwise agreed in writing by Swap Motors, any services facilitated by Swap Motors through third-party service providers or others, including but not limited to Vehicle inspections, inspection reports, Vehicle history reports, appraisals/appraisal tools, photography, and videography, are provided without any representation or warranty whatsoever by Swap Motors regarding their quality, accuracy, timeliness, truthfulness or reliability. You acknowledge that Swap Motors does not own, sell, control, manager, operate, endorse, sponsor, and is not involved in any manner with any third-party service provider unless expressly stated or disclosed by Swap Motors in writing.
You understand and agree that you are solely responsible for paying and determining your applicable tax reporting requirements and tax payment obligations in consultation with your tax advisors for any Vehicle that you sell or purchase through the Site or Services. Swap Motors cannot and does not offer tax-related advice to any User of the Site and Services. Additionally, please note that each User is responsible for determining local indirect taxes and for including any applicable taxes to be collected or obligations relating to applicable taxes.
Subject to these Terms, we grant to you a limited, personal, non-exclusive, non- transferable license to use our Service for your personal use and not for resale or further distribution.
We (and where applicable, parties from whom we have obtained licenses) retain all right, title and interest in and to our Services, including all related intellectual property rights.
You must comply with all applicable laws when using our Service. Except as may be expressly permitted by applicable law, or as Swap Motors may authorize expressly in writing, you will not, and will not permit anyone else to: (i) store, copy, modify, distribute, or resell any of the information; audio, visual, and audiovisual works, or other content made available on our Service (collectively, “Service Content”) or compile or collect any Service Content as part of a database or other work; (ii) use any automated tool (e.g., robots, spiders) to access or use our Service or to store, copy, modify, distribute, or resell any Service Content; (iii) rent, lease, or sublicense your access to our Service to another person; (iv) use our Service or Service Content for any purpose except for your own personal use; (v) circumvent or disable any digital rights management, usage rules, or other security features of our Service; (vi) use our Service in a manner that overburdens, or that threatens the integrity, performance, or availability of, our Service; or (vii) remove, alter, or obscure any proprietary notices (including copyright and trademark notices) on any portion of our Service or any Service Content. Except as otherwise explicitly provided in these Terms or as may be expressly permitted by applicable law, you will not, and will not permit or authorize any third party to: (i) reproduce, translate, enhance, decompile, disassemble, reverse engineer or create derivative works of any part of our Service; or (iii) circumvent or disable any security or technological features or measures of our Service.
If you link to our Service, you are permitted to link only to the home page at www.swapmotors.com. Linking to any pages other than the home page of our Service, linking to any internal parts of our Service, framing of our Service within or as part of any third- party services, or any other manner of incorporating parts of our Service as part of another Website or service, is not permitted without our prior written consent.
Certain parts of our Service, including account management features, may be password-restricted to registered users or other authorized persons (“Password- Protected Areas”). If you are authorized to gain access to any Password-Protected Areas, you agree that you are entirely responsible for maintaining the confidentiality of your password, and agree to notify us if the password is lost, stolen, disclosed to an unauthorized third party, or otherwise may have been compromised. You agree that you are entirely responsible for any and all activities that occur under your account, whether or not you are the individual who undertakes such activities. You agree to immediately notify us of any unauthorized use of your account or any other breach of security in relation to your password or our Service that is known to you.
While we try to make sure that all prices posted on the Service are communicated accurately, we cannot be responsible for the typographical and other errors that may appear on the Service. If there is incorrect information given about a Vehicle price, product, or service due to a typographical error, Swap Motors is not responsible for such error or its correction; but will attempt to correct such error promptly. We reserve the right to refuse or cancel any orders for products or services listed at an incorrect price.
The Service may become inaccessible or it may not function properly with your web browser, mobile device, and/or operating system. Swap Motors cannot be held liable for any perceived or actual damages arising from Service Content, operation, or use of this Service.
Our Services may display, or contain links to, third party products, services, and websites. Any opinions, advice, statements, services, offers, products, or other information that constitutes part of the content expressed, authored, or made available by other users or other third parties on our Service, or which is accessible through or may be located using our Service (collectively, “Third Party Content”) are those of the respective authors or producers and not of us or our shareholders, directors, officers, employees, agents, or representatives. If you have questions regarding Vehicle Financing, a Service Contract, or Mechanical Breakdown Insurance that you have obtained through Swap Motors, please contact the provider directly.
We do not control Third Party Content and do not guarantee the accuracy, integrity or quality of such Third Party Content. We are not responsible for the performance of, we do not endorse, and we are not responsible or liable for, any Third Party Content or any information or materials advertised in any Third Party Content. By using our Service, you may be exposed to content that is offensive, indecent, or objectionable. We are not responsible or liable, directly or indirectly, for any damage or loss caused to you by your use of or reliance on any goods, services, or information available on or through any third party service or Third Party Content. It is your responsibility to evaluate the information, opinion, advice, services, products or other Third Party Content available on and through our Service.
We may, from time to time, allow you to post and/or upload information and content to our Service. You agree that we are free to use any feedback, suggestions, comments, information, ideas, concepts, methods, techniques, content, pictures, videos and any other material in any post or submission that you may make to our Service (each, a “Submission”), without further compensation, acknowledgement, or payment, for any purpose whatsoever including, without limitation, modifying or improving the Service. Furthermore, by making any Submission on the Service, you grant us a perpetual, nonexclusive, fully paid, royalty-free, irrevocable, sub licensable, worldwide license and right to display, use, perform, reproduce, modify, distribute and create derivative works of the Submission in any media, software, or technology of any kind now existing or developed in the future, without any obligation to provide attribution or compensation to you or any third party.
BY POSTING OR PROVIDING ANY SUBMISSION, YOU REPRESENT AND WARRANT THAT PUBLIC POSTING AND USE OF YOUR SUBMISSION BY US WILL NOT INFRINGE UPON OR VIOLATE THE RIGHTS OF ANY THIRD PARTY.
You will not use our Services to: (i) upload, post, email, or otherwise transmit any Submission that contains unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous content or that is invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (ii) harm us or third parties in any way; (iii) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (iv) upload, post, email, or otherwise transmit any Submission that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (v) upload, post, email or otherwise transmit any Submission that infringes any patent, trademark, trade secret, copyright, or other right of any party; (vi) upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other forms of solicitation; (vii) upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (viii) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; (ix) intentionally or unintentionally violate any applicable local, state, national or international law or regulation; (x) “stalk” or otherwise harass another; or (xi) collect or store personal data about other users.
“Swap Motors,” the Swap Motors logo, and any other product or service name or slogan displayed on our Service are trademarks of Swap Motors, Inc. and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Swap Motors, Inc. or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing “Swap Motors” or any other name, trademark or product or service name of Swap Motors without our prior written permission. In addition, the look and feel of our Service, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Swap Motors and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in our Service are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by us.
YOUR USE OF THE SERVICE AND THE SERVICE CONTENT IS AT YOUR SOLE RISK. THE SERVICE AND THE SERVICE CONTENT EACH ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE AND OUR SUPPLIERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON- INFRINGEMENT. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE SERVICE OR ANY SERVICE CONTENT, AND YOU RELY ON THE SERVICE AND SERVICE CONTENT AT YOUR OWN RISK. ANY MATERIAL THAT YOU ACCESS OR OBTAIN THROUGH OUR SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL THROUGH OUR SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM OUR SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME STATES MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
WE AND OUR SUPPLIERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR USE OF OUR SERVICE AND SERVICE CONTENT. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF US AND OUR SUPPLIERS AND LICENSORS OF ALL KINDS ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE AND SERVICE CONTENT (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE AMOUNTS, IF ANY, THAT YOU HAVE PAID TO US FOR YOUR USE OF THE SERVICE AND SERVICE CONTENT. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You will indemnify and hold us, our suppliers and licensors, and our respective subsidiaries, affiliates, officers, agents, employees, representatives, attorneys, successors and assigns harmless from any costs, damages, expenses, and liability caused by your use of the Service and Service Content, your violation of these Terms, or your violation of any rights of a third party through use of the Services or Service Content.
You consent and agree that your use of a key pad, mouse or other device to select an item, button, icon, “click-through” or similar act/action while using any electronic Services we offer; or in accessing or making any transactions regarding any document, agreement, approval, acknowledgement, consent, term, disclosure, or condition constitutes your signature, acceptance and agreement as if actually signed by you in writing whether online through the Site, in emails, or in other digital, pdf or facsimile formal, or otherwise. To that end, you agree that any such forms of approval from you shall be effective and binding upon you, in the same manner as a handwritten signature, and enforced as originals. Further, you agree that no certification authority or other third- party verification is necessary to validate your electronic signature; and that the lack of such certification or third party verification will not in any way affect the enforceability of your signature or resulting contract between you and Swap Motors. Swap Motors does not authenticate users' signatures or identities.
All claims between you and us shall be brought in your or our individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. The arbitrator may not consolidate more than one person’s claim, and may not otherwise preside over any form of a representative or class proceeding.
YOU EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS.
Arbitration shall be conducted by an arbitration organization selected by the parties. The arbitrator shall be a single arbitrator who is a retired judicial officer and shall be selected pursuant to the rules of the arbitration organization or, alternatively, may be selected by agreement of the parties. The parties will cooperate in good faith to select the arbitration organization and the arbitrator. In the event the parties cannot agree on an arbitration organization, the arbitration shall be conducted by the American Arbitration Association (www.adr.org).
The arbitrator shall apply governing substantive law and the applicable statute of limitations. Each party shall be responsible for its own attorney, expert and other fees, unless awarded by the arbitrator under applicable law. If the chosen arbitration organization’s rules conflict with this Arbitration Agreement, then the provisions of this Arbitration Agreement shall control, except where the conflict would render the chosen organization unable to conduct the arbitration or would render this Arbitration Agreement unenforceable. In that case, the rules of the chosen arbitration organization shall apply to effect the parties’ intention to arbitrate their disputes. Any arbitration under this Arbitration Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. § 1 et. seq.) and not by any state law concerning arbitration. Any award by the arbitrator shall be in writing and will be final and binding on all parties, subject to any limited right to appeal under the Federal Arbitration Act. You and we reserve the right to pursue small claims actions so long as such actions remain within the jurisdiction of the small claims court.
Should any portion of this Arbitration Agreement, other than the waiver of class action rights, be deemed unenforceable, the remaining portions of this Arbitration Agreement shall remain enforceable.
Enforcement of these Terms will be governed by the laws of the State of Illinois, excluding its conflict and choice of law principles. The exclusive jurisdiction and venue for any claims arising out of or related to these Terms or your use of the Services or Service Content will lie in the state and federal courts located in Cook County, within the State of Illinois, and you irrevocably agree to submit to the jurisdiction of such courts. Our failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. In the event that a court of competent jurisdiction finds any provision of these Terms to be illegal, invalid, or unenforceable, the remaining provisions will remain in full force and effect.
When you visit the Service or send e-mails, or upload/post information to the Service, you are communicating with us electronically. You consent to receive all documents and communications from us electronically, through email, social media, text to mobile devices, etc. based on the contact information you have provided to us and designated us to use. You may update the contact information for your account by updating your user information on the application.
You agree that all agreements, notices, disclosures and other communications that we provide to you through any of these means satisfy any legal requirement that such communications be in writing.
You further agree that your Vehicle transfer (registration and titling) may be processed electronically, if electronic processing is available in the state in which the Vehicle will be registered/titled.
If you withdraw your consent to receive documents from us electronically, you must notify us by email at email@example.com.
We may discontinue the Service at any time and for any reason, without notice. We may change the contents, operation, or features of the Service at any time for any reason, without notice.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or your use of the Service. Nothing contained in these Terms is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by us with respect to such use. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Our failure to enforce any provision of these Terms or respond to a breach by you or others shall not constitute a waiver of our right to enforce any other provision of these Terms as to that breach or any other.
In the event these terms are violated, Swap Motors reserves the right to terminate all services and prevent you from access and use of the Service in the future.