SWAP SOCIETY TERMS OF SERVICE
Welcome to Swap Society! This website located at www.swapsociety.co is owned and operated by Swap Society, Inc. Swap Society provides website features and other products and services to you when you visit, swap items on this Site, use Swap Society services, access this Site from your mobile devices, or use software provided by Swap Society in connection with any of the foregoing (collectively, "Swap Society Services"). Swap Society provides its products and services subject to these Terms of Service.
By using Swap Society Services, you agree to these conditions. Please read them carefully.
ARBITRATION NOTICE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE A LITTLE LATER ON. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, YOU AND SWAP SOCIETY INC. AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND SWAP SOCIETY INC. WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
By accessing or using this Site or other Swap Society Services on any computer, mobile phone, tablet, console or other device (collectively, "Device"), you acknowledge and agree that you have read, understand and agree to be bound by these Terms of Service and any other applicable law, whether or not you are a registered member of Swap Society. Swap Society may change these Terms of Service at any time without notice. When we make changes, we will post them here. Any Swap Society Membership, enrollment as a Swap Society Member, use of Swap Society Services, or other use of this Site is conditioned upon your acceptance to these and any revised Terms of Service. If at any time you do not agree to these Terms of Service, please do not use this Site or any Swap Society Services and immediately cancel any Swap Society Membership. To cancel, click the Menu icon, click “Log In,” click “My Memberships,” and select “Cancel.” You must be at least 18 years old to use this Site or Services.
When you use any Swap Society Service, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site or through the Swap Society Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
OFFICIAL RULES TO THE SWAP SOCIETY FASHION SWAPPING PROGRAM
The following official rules ("Rules") govern your participation in our pre-owned fashion swapping program (the "Program") made available through our Website. Participation in the Program constitutes your acceptance of these Rules, so please review carefully.
SWAP SOCIETY MEMBERSHIP
HOW SWAP SOCIETY MEMBERSHIP WORKS
LUXE MEMBERSHIP: Join Swap Society for a monthly fee of $19, a fee of $45 every three (3) months, or a fee of $144 every twelve (12) months. Send us your gently-used clothing to the address provided in the pre-paid mailer. Clothing must be in excellent condition and free from stains, tears/rips/holes, odors, pilling, fading, stretching, missing/broken parts, or alterations. We will carefully inspect your items, determine which items are acceptable, and assign points to accepted items. Points are based on a few key metrics including desirability, seasonality, condition, inventory and retail value. These points allow you to swap your clothing in exchange for other members’ clothing on the Swap Society website. Points are non-transferable and have no monetary value. Accrued points may be used to acquire items listed on the Swap Society website. There is a per-item processing fee of $3.99 on outgoing items that you order from our site. We will ship your items to you and shipping is free when you order 2 or 5 or more items (depending on location) from the site, per order. These items will be sent to you in a reusable mailer with a pre-paid return label so you may send in more items to swap, or return/re-swap any items you do not want. Your membership includes one pre-paid mailer per month for incoming clothing to Swap Society. If you want to send more than one bag of clothes to us within a 30-day period, you must pay for shipping. Our shipping address is 3826 Grand View Boulevard, PO Box 66900, Los Angeles, CA 90066. We keep track of all of our pre-paid and scan-based shipping labels. All shipping labels that have not been used within three (3) months of issuance will be void.
BASIC MEMBERSHIP: Join Swap Society with no monthly fee. Send us your gently-used clothing to this address via the United States Postal Service (USPS) only: 3826 Grand View Boulevard, PO Box 66900, Los Angeles, CA 90066. Clothing must be in excellent condition and free from stains, tears/rips/holes, odors, pilling, fading, stretching, missing/broken parts, or alterations. We will carefully inspect your items, determine which items are acceptable, and assign points to accepted items. Points are based on a few key metrics including desirability, seasonality, condition, inventory and retail value. These points allow you to swap your clothing in exchange for other members’ clothing on the Swap Society website. Points are non-transferable and have no monetary value. Accrued points may be used to acquire items listed on the Swap Society website. There is a per-item processing fee of $4.99 on outgoing items that you order from our site. These items will be sent to you in a reusable mailer so you may send in more items to swap, or return/re-swap any items you do not want. You are responsible for all shipping fees. BASIC memberships include one pre-paid mailer for incoming clothing to Swap Society, limit one per household.
WHAT WE ACCEPT
We only accept items in new or like-new condition with no stains, tears/rips/holes, odors, pilling, fading, stretching, missing/broken parts, or alterations. Menswear, jewelry, watches, swimwear, intimates, stained, ripped, altered, overworn, pilled, odorous, or counterfeit items are not accepted under the Program.
If you submit items that are not accepted into the Program, we will donate those items to our upcycling and/or charity partner(s). You agree that we are authorized to perform this action on your behalf. Also, for the avoidance of doubt, the points you receive for accepted items cannot be revoked, rescinded or transferred.
By sending us your items, you agree that we are authorized to perform the requested action on your behalf. We reserve the right to reject any submitted item that we believe may infringe on or otherwise violate the rights of any third parties or that does not comply with these Rules. Any determinations will be at our sole discretion and will be final. Failure to comply with these Rules may result in disqualification from the Program and we reserve the right to permanently disqualify any person it believes has intentionally violated these Rules. The Program is subject to all federal, state and local laws and regulations. Void where prohibited by law.
Should you elect to send us your items in exchange for points, good and valid title to the items will be transferred to us, free and clear of all liens. For the avoidance of doubt, as the owner of such items, we will have the right to use such items in any packaging, selling, advertising, marketing, promotion or for any other commercial or non-commercial purpose, without further payment or consideration to you. We are not responsible for the loss of any items sent to us by mistake, including items left in your belongings (e.g., cash or earrings left in a coat pocket you traded in). You are ultimately responsible for sending only what you originally intended to send to Swap Society. As conditions of entry into this Program and by trading in your items, you represent and warrant that (i) you own beneficially and of record, and possess good and valid title to, such items, free and clear of all liens, (ii) you have all rights necessary to transfer good and valid title to the items, free and clear of all liens, to us, and (iii) the items are authentic and do not infringe on the intellectual property, privacy, publicity rights, trademarks, copyrights, or any other legal or moral rights of any third party.
LOST OR STOLEN PROPERTY
We do not allow the exchange of stolen property through the Program because it violates state, federal, and international law. We also strongly support efforts by law enforcement to investigate attempts to sell stolen property through the Program. We may withhold or delay, or refuse to process any transaction that we, in our sole discretion, deems fraudulent, suspicious, in violation of these Rules, or believe will impose liability on us, our subsidiaries, affiliates or any of their respective officers, directors, employees, representatives and agents. If we suspect any illegal activity, we will proactively notify relevant law enforcement agencies and assist in any resulting investigation or prosecution. For any lost items, including items lost in transit by a third party carrier, we are not liable for any value above the insured value of $50.
MEMBERSHIP PURCHASE AND USE
Memberships are non-refundable and not transferable. Membership prices are subject to change without notice. Swap Society reserves the right to amend, cancel or modify these terms, conditions and pricing at any time without notice. Your credit card will be charged an automatic monthly membership fee of $19, an automatic quarterly membership fee of $45, or an automatic annual membership fee of $144. Billing occurs on the same day of the month you joined. Membership fees will auto-renew according to your chosen billing interval (monthly or annually) unless you cancel your membership. You may cancel your Swap Society membership at any time. To cancel, click the Menu icon, click “Log In,” click “My Memberships,” and select “Cancel.”
If you receive something that you do not like, or that does not fit, you may return/re-swap it. You may send it back using the reusable mailer that your order arrived in. You may also use that mailer to send in new items to swap. Points for returned items are "refunded" to your account, but the per-item fee is a service charge and is non-refundable. BASIC members are responsible for their own shipping fees.
Gifts must be activated within 60 days of purchase. Gifts not activated within 60 days are automatically activated and expire in one year.
The membership offer is made at Swap Society’s discretion and is subject to change or termination at any time.
Points are based on a few key metrics including desirability, seasonality, condition, inventory and retail value. Points are not transferable and have no monetary value. Unused points cannot be reimbursed. If you cancel your membership and have unused points, you forfeit those points. Your points won't expire as long as you have activity on your account at least once every 18 months. As a Swap Society member, you can retain all of your Swap Society points as long as you have earning or redemption activity posted on your own Swap Society account at least once every 18 months. The expiration of your points will extend for another 18 months with any qualifying activity posted on your own Swap Society account. Points are not your property and are not transferable to anyone by operation of law or otherwise. Points may not be transferred between accounts issued by us, may not be transferred upon death or as part of any domestic relations legal proceedings, and may not be brokered, bartered, sold or transferred in any way. Any attempted transaction of such sort will automatically be void. Anyone selling, purchasing, brokering, bartering, transferring, or altering Points, either wholly or partially, shall be liable for payment of the applicable full retail price of any rewards obtained with them, as well as all damages, including, but not limited to consequential damages, transaction costs, and litigation costs (including attorney's fees and costs at trial and on appeal and in any bankruptcy proceeding). Any brokered, bartered, altered, sold, or purchased Points shall likewise be void and may be deducted from your Points balance. Any violation of these provisions will result in termination of your eligibility to participate in the Program and forfeiture of unused Points.
You will only be able to take out items from point ranges as high as the most valuable item you swap in. For example, if you only send in low-point items, you will not have access to high point items. Point ranges are in increments of 25 (0-24, 25-49, 50-74, 75-99, 100-124, etc…) If your highest point item is 78, you will not be able to take out items that are 100+ points unless you send an item that has a higher point value.
You are solely liable for any applicable federal, state or local income, sales, use, or other taxes arising out of the accrual or use of Swap Society Points and/or arising out of your participation in the Program. Consult your tax advisor concerning any tax consequences that may arise from your participation in the Program.
INTERACTION WITH THIRD PARTIES
Swap Society, Inc. is based in the State of California in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
The owner of the Website is based in the State of California in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
DISCLAIMER OF WARRANTIES
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. Limitation on Liability IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Arbitration, Class-Action Waiver, and Jury Waiver
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU AND SWAP SOCIETY INC. TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.
- Applicability of Arbitration Agreement. You and Swap Society Inc. agree that all claims and disputes, including all statutory claims and disputes, arising out of or relating to these Terms or the use of the Services that cannot be resolved in small claims court will be resolved by binding arbitration on an individual basis, except that you and Swap Society Inc. are not required to arbitrate any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. To be clear: The phrase “all claims and disputes” includes claims and disputes that arose between us before the effective date of these Terms.
- Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this dispute-resolution provision. Arbitration will be initiated through the American Arbitration Association (“AAA”) and will be governed by the AAA Consumer Arbitration Rules, available here as of the date of these Terms, or by calling the AAA at 1-800-778-7879. If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with these Terms. The arbitration will be conducted by a single neutral arbitrator. Any claims or disputes where the total amount sought is less than $10,000 USD may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount sought is $10,000 USD or more, the right to a hearing will be determined by the arbitral forum’s rules. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
- Additional Rules for Non-appearance Arbitration. If non-appearance arbitration is elected, the arbitration will be conducted by telephone, online, written submissions, or any combination of the three; the specific manner will be chosen by the party initiating the arbitration. The arbitration will not involve any personal appearance by the parties or witnesses unless the parties mutually agree otherwise.
- Fees. If you choose to arbitrate with Swap Society Inc., you will not have to pay the costs of arbitration, though you will be responsible for the fees of any attorney you may retain to represent you (which is not necessary). Swap Society Inc. will reimburse you for any filing fee and the AAA’s Consumer Arbitration Rules provide that any hearing fees and arbitrator compensation are our responsibility. To the extent another arbitral forum is selected, Swap Society Inc. will pay that forum’s costs as well.
- Authority of the Arbitrator. The arbitrator will decide the jurisdiction of the arbitrator and the rights and liabilities, if any, of you and Swap Society Inc. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Terms. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Swap Society Inc.
- Waiver of Jury Trial. YOU AND SWAP SOCIETY INC. WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Swap Society Inc. are instead electing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and Swap Society Inc. over whether to vacate or enforce an arbitration award, YOU AND SWAP SOCIETY INC. WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.
- Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in Section 18.
- Right to Waive. Any rights and limitations set forth in this arbitration agreement may be waived by the party against whom the claim is asserted. Such waiver will not waive or affect any other portion of this arbitration agreement.
- Opt-out. You may opt out of this arbitration agreement. If you do so, neither you nor Swap Society Inc. can force the other to arbitrate. To opt out, you must notify Swap Society Inc. in writing no later than 30 days after first becoming subject to this arbitration agreement. Your notice must include your name and address, your Swap Society username and the email address you used to set up your Swap Society account (if you have one), and an unequivocal statement that you want to opt out of this arbitration agreement. You must either mail your opt-out notice to this address: Swap Society Inc., ATTN: Arbitration Opt-out, 3826 Grand View Boulevard, PO Box 66900, Los Angeles, CA 90066-9998, or email the opt-out notice to email@example.com.
- Small Claims Court. Notwithstanding the foregoing, either you or Swap Society Inc. may bring an individual action in small claims court.
- Arbitration Agreement Survival. This arbitration agreement will survive the termination of your relationship with Swap Society Inc.