1.1. This Agreement constitutes the agreement between TRADESWP.COM ("TRADESWP") and you as a user who accesses or establishes a connection to the website and internet service known as TRADESWP.com ("Service"), which is owned and controlled by SAMZAL LLC.
1.2. Your use of the Service implies that you agree to comply with all terms and conditions of this Agreement. To remain an authorized user of the Service, you must adhere to all provisions in this Agreement. You are solely accountable for your use of the Service and for ensuring that your use fully complies with the provisions of this Agreement.
1.3. TRADESWP reserves the right, at its sole discretion, to modify, add or remove portions of this Agreement at any time. Such changes will be posted on the Service. Changes to this Agreement will be effective immediately upon posting. Continued use of the Service after notification of changes to this Agreement will constitute your acceptance of the changes.
1.4. TRADESWP reserves the right, at its sole discretion, to change, suspend, limit, or discontinue any aspect of TRADESWP at any time. TRADESWP may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.
1.5. You expressly acknowledge that all title, ownership, and intellectual property rights in and to the Service, including but not limited to titles, computer code, themes, objects, accounts, forum credits, and forums, belong to TRADESWP or its licensors. All rights are reserved.
1.6. IF YOU DO NOT AGREE TO THE PROVISIONS OF THIS AGREEMENT OR ARE DISSATISFIED WITH THE SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE OF THE SERVICE.
2.1. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. NEITHER TRADESWP, ITS AFFILIATES, NOR ANY OF ITS EMPLOYEES OR STAFF WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, OR AS TO THE ACCURACY, RELIABILITY, COMPLETENESS, OR CONTENTS OF ANY CONTENT, INFORMATION, MATERIAL, POSTINGS, OR POSTING RESPONSES FOUND ON THE SERVICE, ANY MERCHANDISE OR SERVICES PROVIDED THROUGH THE SERVICE, OR ANY LINKS TO OTHER SITES MADE AVAILABLE ON THE SERVICE.
2.2. THE SERVICE AND ALL CONTENT, MATERIAL, INFORMATION, POSTINGS, OR POSTING RESPONSES FOUND ON THE SERVICE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
2.3. IN NO EVENT WILL TRADESWP (OR ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, STAFF, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS) BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY CONTENT, INFORMATION, MATERIAL, POSTINGS, OR POSTING RESPONSES ON THE SERVICE OR THE SERVICE ITSELF. THESE LIMITATIONS APPLY REGARDLESS OF WHETHER THE PARTY LIABLE OR ALLEGEDLY LIABLE WAS ADVISED, HAD OTHER REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT TRADE SWP (AND ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES AND STAFF), IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER, INCLUDING YOU.
You agree to defend, indemnify and hold harmless TRADESWP (and any of its parents, subsidiaries, affiliates, employees, agents, third-party content providers, or licensors, and their respective directors, officers, employees, and agents) from and against all claims, liability, and expenses, including attorneys' fees and legal fees and costs, arising out of your use of the Service or your breach of any provision of this Agreement. TRADESWP reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You will cooperate as fully as reasonably required in the defense of any claim.
TRADESWP reserves the right, in its sole discretion, at any time to charge fees for access to and use of the Service, or any portions of the Service. If TRADESWP elects to charge fees, it will post notice on the Service of all provisions pertaining to fees and payments.
TRADESWP may terminate this Agreement and your use of the Service at any time. TRADESWP shall have the right immediately to terminate your use of the Service in the event of any conduct by you which TRADESWP, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of this Agreement.
You may not use TRADESWP for activities that:
You further represent and warrant that you will not use or contribute User Content that is unlawful, tortious, defamatory, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist or otherwise objectionable or inappropriate. TRADESWP may remove any User Content and any related content or elements from the Platform at its sole discretion.
This Agreement, your performance under it, and any disputes arising under it shall be governed exclusively by the laws of the United States of America and the State of New Jersey, without giving effect to their conflict of laws principles. You expressly consent to the exclusive forum, jurisdiction, and venue of the Courts of the State of New Jersey and the United States District Court for the District of New Jersey in any and all actions, disputes, or controversies relating to this Agreement.
This Agreement and any posted rules on the Service established by TRADESWP constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by either TRADESWP or you of any breach or default under this Agreement shall be deemed to be a waiver of any preceding or subsequent breach or default. This Agreement shall be binding upon and inure to the benefit of TRADESWP and its successors, trustees, and permitted assigns. TRADESWP may assign this Agreement, or any of its rights or obligations under this Agreement, with or without notice to you.
9.1. TRADESWP will not be held responsible for any Trade Swap transactions of any type where an item or account sold or traded is recalled after the transaction has been completed. You acknowledge that TRADESWP is not the owner of these items or accounts. If an item or account is recalled by a previous owner or is hacked, you acknowledge that TRADESWP is not responsible and will be unable to assist in recovering the items or account.
9.2. For Trade Swap Personal Middleman Services, you acknowledge that TRADESWP does not protect sellers from payment disputes or chargebacks. The buyer sends payment directly to the seller, so TRADESWP is not involved in the payment process and will not issue refunds or cover losses of funds due to payment disputes or chargebacks.
9.3. Trade Swap Middlemen are not employees of SAMZAL LLC. They are long-standing TRADESWP members who have been verified and have a strong history of positive feedback. For account sales or trades during a Trade Swap Middleman service, you acknowledge that a middleman will access the account being sold to secure it. The seller acknowledges that by using TRADESWP and Trade Swap, SAMZAL LLC is not responsible for anything that happens to the account while a middleman transaction is being conducted or after it's completed.
9.4. If the account is banned or suspended while a middleman has access to it, we will conduct an investigation to understand why it was banned or suspended. If it is determined the ban or suspension was caused directly by a middleman accessing your account, it is up to the seller to recover and unban the account. TRADESWP will not provide any compensation for the account even if it can't be unbanned. You acknowledge that someone accessing an account one time is not a significant violation. If the account is permanently banned due to this one-time access, you acknowledge the account has had many previous violations and is a high-risk account. Due to this high risk, TRADESWP is not held responsible and will not provide any compensation.
9.5. If a scam occurs during a Personal Middleman transaction, while the middleman has control of the account, TRADESWP will conduct an investigation. Based on this investigation, the middleman fee could be refunded and partial compensation may be paid out to the victim. The partial compensation is limited to a maximum of $100.
9.6. For Trade Swap Personal Middleman Services, if canceled before any item is transferred, a full refund will be issued. If the item or account was already transferred to a middleman, TRADESWP will charge a $9.95 cancellation fee that will be subtracted from the refund.
9.7. For Trade Swap services, TRADESWP is not responsible to sellers for any chargeback payments associated with this service. All payments are processed via a third party, and you agree to abide by all of their policies and terms of service.
9.8. If an account is banned or recalled after the transaction is completed and after the 72-hour dispute window, the buyer acknowledges that TRADESWP is not responsible for any compensation related to that transaction.