SNOBSWAP in its sole discretion may, without notice, terminate the right to use or participate on the Site. We may amend this Agreement at any time by posting the amended terms on the Site. Except as stated below, all amended terms shall automatically be effective 30 days after they are initially posted on the Site. We will notify you in accordance with your Notification Preferences. This Agreement may not be otherwise amended except in a writing signed by you and SNOBSWAP. This Agreement is effective upon acceptance in registration for new registering users, and is otherwise effective on June 17, 2011 for all users.
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 suspended 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 SNOBSWAP account (including review ratings) 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.
One Account per Person, Maximum of Two Accounts per Address or Household.
No individual is permitted to have more than one single account at any time. No more than two accounts are permitted per address or household, and SNOBSWAP has the right to limit a household to one account when it deems it necessary to protect its users from fraud, or the risk of fraud.
Registration in Own Name
Accounts must be registered only by the individual seeking membership. Registration of accounts in a name other than the registrant's, fictitious or real, is expressly prohibited. Such use constitutes fraud and may give rise to criminal prosecution and substantial damages. SNOBSWAP prosecutes fraud to the fullest extent of the law.
FEES & SERVICES
Joining SNOBSWAP is free. If you sell an item, you authorize SNOBSWAP to charge a seller’s fee of 15% of the sale price or the cash portion of an offer (i.e., swap + cash). Swapping is free. If you swap an item and receive cash as part of the swap transaction, you authorize SNOBSWAP to charge an 15% fee of the cash value of the item. If you choose to relist or post extra photos of your item, you also agree to pay the listed fees, if any. If you decide use to SNOBSWAP’s shipping label service or buy supplies from SNOBSWAP, we will charge you for those label and supplies. We may change our aforementioned fees or fees for our services from time to time and make exceptions at our discretion. Fees may be added, discontinued, or changed at any time without prior notice, provided that all users will have the opportunity to opt out before incurring any charges. Furthermore, we may choose to temporarily change our Fees Policy and the fees for our services for promotional events and such changes are effective when we post the temporary promotional event on the Site. We may in our sole discretion change 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. Buyers are responsible for paying all shipping costs and all applicable sales, excite, import, export, VAT and other taxes with the purchase and sale of any items through the Site. You are responsible for paying all fees associated with using our service and the Site and all applicable taxes.
The fees are summarized as follows:
|Type of Fee||Fee||Description|
|Seller's Fee||15% of the sale price of the sold item||Upon completion of each sale transaction, a seller’s fee of 15% of the sale price or the cash portion of an offer (i.e., swap + cash) is automatically deducted from payment method of the member’s choice.|
|Shipping Cost||Varies depending on item or transaction – see listing description for each item.||Shipping cost for sale items are the responsibility of the buyer unless seller assumes the shipping cost. Shipping cost for swap items is the responsibility of the owner of the swap item. Except for Buy Now items, the owner of the listing covers the cost of shipping. The shipping cost is listed for informational purposes only to help parties determine a fair swap.|
If your payment method for fees fail, you agree that we may collect fees owed to us using collection available to us, including charging other accounts you have on file with us, retaining a collection agency, and/or attorney. A failure to pay fees owed will result in suspension of your use of the Site. As such, you agree to authorize SNOBSWAP to obtain an initial credit authorization of your credit card when you subscribe to this Site.
To the extent you as a buyer purchase any items using a credit card or PayPal, you authorize us or a third party payment processor to store your payment information. By agreeing to pay for an item on the Site using a credit card or PayPal, you authorize SNOBSWAP to charge your credit card or PayPal account.
All transactions originating from an item posted on SNOBSWAP must be made through the SNOBSWAP platform. Any action that encourages or solicits complete or partial payment outside of the SNOBSWAP is a violation of this Agreement. Should a seller or member be found in violation of this section of this Agreement, s/he will owe SNOBSWAP the sale price of each item sold in violation equal to the greater of a) $2,500 fine; or b) the applicable fees had the payments been processed through the SNOBSWAP, plus 20%.
SNOBSWAP is Not a Middle Woman
We only provide an online marketplace to facilitate swaps and sales. The Site acts as a venue to allow anyone to trade any clothes, accessories, etc. at anytime, and from anywhere. We are not involved in the actual transaction between members. As a result, we have no control over the quality, safety or legality of the item swapped or sold, the truth or accuracy of the listings, or the ability of members to fulfill their transactional obligations. We cannot ensure that other users will actually complete a transaction. Consequently, we do not transfer legal ownership of items from the seller to the buyer, and nothing in this agreement shall modify the governing provisions of DC Code DC St. § 28-401(2) and Uniform Com. Code § 2-401(2), under which legal ownership of an item is transferred upon physical delivery of the item to the buyer by the seller. We are not responsible for the bad acts of other users, including, but not limited to, any tortuous conduct or criminal activities.
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 is difficult, SNOBSWAP cannot and does not confirm each user's purported identity. Thus, we have established a member review (feedback) system to help you evaluate with whom you are dealing. We also encourage you to communicate directly with potential trading partners through the tools available on the Site.
Member Disputes Release
Because we are a marketplace, in the event that you have a dispute with one or more users, you release SNOBSWAP (and our officers, directors, agents, subsidiaries, successors, 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."
No Information Control
We do not control the information provided by other users that is made available through our system. You agree that reliance on listings or other communications posted on the Site by other members will be at your own risk. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using the Site. Please note that there are also risks of dealing with underage persons or people acting under false pretense. By using this Site, you agree to accept such risks and SNOBSWAP is not responsible for the acts or omissions of users on the Site.
SNOBSWAP may make available to users of the Site message boards, opinion forums, bulletin board services or other interactive communication facilities. SNOBSWAP cannot review all communications made on or through the Site. However, SNOBSWAP reserves the right to monitor the boards and forums, and edit, modify or delete any materials which SNOBSWAP in its sole discretion determines to violate this Agreement or to be in any other way offensive or contrary to any SNOBSWAP policy, either written or unwritten. SNOBSWAP further reserves the right to use posted materials for its own purposes for marketing, communication, advertising, or any other purpose at the sole discretion of SNOBSWAP. You agree not to use SNOBSWAP forums for the posting of any material that is illegal, threatening, sexually explicit, pornographic, obscene, infringing on intellectual property rights, injurious to third parties, defamatory, or otherwise objectionable.
SWAPPING & SELLING
Each Swap or Sale Transaction is a Binding Contract
As a member you are obligated to complete all transactions you accepted and initiated, that have been completed.
By accepting a transaction to swap, sell, buy, or otherwise, you agree to be contractually bound by the conditions of the transaction included in the item's description so long as those conditions are not in violation of this Agreement or unlawful. Unless you and the other member agree otherwise, you will become the item's lawful owner upon physical receipt of the item from the seller, in accordance with D.C. Code DC St. § 28-401(2) and Uniform Com. Code § 2-401(2). Accepted swaps and sales are not retractable except in exceptional circumstances, such as: if the other member swapping or selling the item materially changes the item's description after you accept; a clear typographical error is made. This Site cannot be used to swap or sell items made for mature audience items or items that are restricted to adult use.
You must be legally able to swap or sell the item(s) you list on the Site. All items posted for swap or sale are owned by the registered users and not SNOBSWAP. You agree all items posted and shipped are legal and do not infringe any intellectual property rights, including but not limited to copyrights, trademarks, and patents. Your listings may only include photos, text descriptions, and other content relevant to the condition and nature of the item you are trading.
SNOBSWAP cannot review items posted to the Site. You agree to assume full responsibility for any items posted to your account and shipped by you. We assume no responsibility for the accuracy, currency, completeness or usefulness of information in any material and we do not endorse any opinions or recommendations posted by users. You should exercise discretion and skepticism before relying on information in messages, comments or submissions, since it may be incorrect or misleading. You agree to hold SNOBSWAP harmless for any violations of law or regulation that arise in connection with the posting to your account of items resulting in civil or criminal liability. You agree that your item must be in compliance with your listing description. If you discover that your item is no longer in compliance with your listing description, you will immediately correct your listing to comply with the description.
All items listed must be in a condition no worse than acceptable and must be fully functional. Items must be free from defects, stains, and rips. Members who have an item returned to them as defective agree not to re-list that same item for exchange unless and until the defect has been resolved.
You agree that you are responsible for all statements made and acts or omissions that occur on your account. You agree to waive and hold us harmless from any claims relating to any action taken by us as part of our investigation of a suspected violation of the Agreement, or as a result of its conclusion that a violation of the Agreement has occurred, including but not limited to the removal of posts and submissions from the Site or the suspension or termination of your account.
You agree that SNOBSWAP can remove your listings, photos, and commentary at its sole discretion.
"Your Information" is defined as any information you provide to us or other users in the registration, swapping, selling or listing process, in any public message area (including discussions, groups, member reviews or feedback 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.
You agree to ship your item within your designated handling time for your listed item. You agree a reasonable period for handling and shipping is 3-7 days. Failure to do so is in violation of SNOBSWAP’s policy and can result in your account being suspended. Items lost or damaged in transit are the sole responsibility of the shipping member. SNOBSWAP is not responsible for any item that is shipped by a member and is lost or damaged in the shipping process. Shipping costs for sale items purchased are the responsibility of the buyer. Shipping costs for swap items is the responsibility of the owner of the swap item.
Linking to the Site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. Our Site must not be framed on any other site, nor may you create a link to any part of the Site other than the home page. We reserve the right to withdraw linking permission without notice. If you wish to make any use of material on our Site other than that set out above, please Contact Us.
Use of this Site requires a password. You agree to maintain confidentiality of your password and are solely responsible all activities associated with its use, whether authorized or unauthorized. Sharing of account passwords with other persons is a violation of this agreement and may result in account termination.
If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your ID, password, or any credit, debit or charge card number stored on the Site) you should notify SNOBSWAP immediately of the problem to avoid possible liability for unauthorized charges to your account.
User Content Posted on the Site
You are solely responsible for the photos, profiles (including your name, image, and likeness), messages, notes, text, information, listings, and other content that you upload, publish or display (hereinafter, "post") on or through the Site, or transmit to or share with other users (collectively the "User Content"). You may not post, transmit, or share User Content on the Site that you did not create or that you do not have permission to post. You understand and agree that SNOBSWAP may, but is not obligated to, review the Site and may delete or remove (without notice) any Site Content or User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of SNOBSWAP violates this Agreement, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to SNOBSWAP.
Any Content you posted to our Site will be considered non-confidential and non-proprietary, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Site. By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to SNOBSWAP an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. You may remove your User Content from the Site at any time. If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that SNOBSWAP may retain archived copies of your User Content. SNOBSWAP does not assert any ownership over your User Content; rather, as between us and you, subject to the rights granted to us in these Terms, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content. We also have the right to disclose your identity to any third-party who is claiming that any material posted or uploaded by you to our Site constitutes a violation of their intellectual property rights, or of their right to privacy. You agree that SNOBSWAP can remove your listings, photos, and commentary at its discretion.
SNOBSWAP has a zero-tolerance policy for illegal activities including, but not limited to, listing counterfeit or fake items. 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; and (i) link directly or indirectly to or include descriptions of goods or services that: (aa) are prohibited under this Agreement; (bb) are concurrently listed for trade on a web site other than SNOBSWAP's (this does not prevent linking to or advertising a SNOBSWAP item from another web site); or (cc) you do not have a right to link to or include. Furthermore, you may not list any item on the Site (or consummate any trade that was initiated using our service) that could cause us to violate any applicable law, statute, ordinance or regulation. We reserve the right to access and disclose any information, including user names of accounts and other information, to comply with applicable laws and lawful government requests, to operate its systems properly or to protect itself or its users.
Without limiting any other remedies, SNOBSWAP may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in any illegal activities in connection with the Site including listing fraudulent or stolen items. This includes, but without limiting, failure to fulfill contractual terms of a swap or sale agreement such as failing to ship an item.
SNOBSWAP prosecutes fraud to the fullest extent of the law, including wire or mail fraud in violation of U.S. and state law. SNOBSWAP assumes no liability for this or any other fraudulent activity by its members.
SNOBSWAP reserves the right to terminate service at any time without notice. In the event of service termination, Site members will not be entitled to any compensation.
We do not review, screen or edit item descriptions or any type of messages posted by users. Nonetheless, we reserve the right to monitor or remove any information transmitted or received through the Site, or to terminate your account and use of the Site, at any time, without notice, in our sole discretion. It is users' responsibility to bring violations of the Agreement to our attention, although we do not guarantee any action based on such information. In general, the following actions, among others, may result in removal of item descriptions or any type of messages and/or termination of your registration.
* Using the service for Restricted Activities, including for an illegal purpose or for the transmission of material that is unlawful, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable.
* Posting or transmitting third-party copyrighted information or in any way infringing on the intellectual property rights, contractual or fiduciary rights of others.
* Providing false information on your registration form, or impersonating someone else.
* Using the service for the transmission of junk mail, spam, chain letters, or unsolicited mass distribution of email.
If you would like to voluntarily terminate your account, please Contact Us.
ACCESS & 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 SNOBSWAP 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 SNOBSWAP 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.
You may not take any actions that may undermine the integrity of the member review system. We may limit the number of transactions and items for swap or sale you may place on the Site based upon other users' reviews of you. If you earn a net review rating below a level we deem to be unacceptable, your membership may be suspended, and you may be unable to list, trade or even login to the site.
You acknowledge that your reviews consists of comments left by other users and a composite review score is compiled by SNOBSWAP, and that the composite number without the comments does not convey your full user profile. Because reviews are not designed for any purpose other than for facilitating transactions between SNOBSWAP users, you agree that you shall not market or export your SNOBSWAP feedback rating in any venue other than an SNOBSWAP operated website.
We do not provide you the technical ability to import feedback from other (non-SNOBSWAP operated) websites to SNOBSWAP because a composite number without the corresponding feedback does not reflect your true online reputation within our community.
Without limiting other remedies, we may limit your activity, immediately remove your trades or item listings, warn our community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you 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.
NO WARRANTY & DISCLAIMER
WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES "AS IS" and "AS AVAILABLE" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. SNOBSWAP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SNOBSWAP MAKES NO WARRANTY THAT: (A) THE SITE WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY SERVICES OFFERED THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; OR (E) DELIVERY, OR FAILURE TO RECEIVE, USE, STORE OR OTHERWISE BE INVOLVED WITH ANY COMMUNICATION FROM OR TO YOU. WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS, AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU ACKNOWLEDGE AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SNOBSWAP OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
The Site may contain links to other related World Wide web Internet sites, resources, or third-party sties. We are not responsible for the availability of these outside resources, or their contents, nor do we endorse nor are we responsible for any of the contents, advertising, products or other materials on such sites. Under no circumstances shall we be held responsible or liable, directly or indirectly, for any loss or damages caused or alleged to have been caused by use of or reliance on any content, goods or services available on such sites. Any concerns regarding any external link should be directed to its respective site administrator or webmaster.
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.
You agree to indemnify and hold SNOBSWAP and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, successors, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party 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 a third party.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service including, but not limited to, listing, communicating, proposals to swap, swapping, selling, and purchasing items on the Site.
You and SNOBSWAP are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
COMPETITOR USE PROHIBITED
This Site and the associated service are to be used for non-competitive purposes only. Use of the Site or associated service by competing businesses, affiliates, employees, or other associates is absolutely prohibited and constitutes a breach of this contract, giving rise to substantial damages.
If you are an owner, employee or other associate of a competing site (other than simply a member), you hereby agree that damages from the unlicensed visitation of this site are difficult to compute. Damages from breach of this competitor use provision shall therefore be set at $100 per unauthorized Site visit. You hereby agree that such damages are a reasonable estimate of actual damages and you waive your right to contest these damages in a court of law or other proceeding.
Except as explicitly stated otherwise, any notices shall be given by postal mail to SNOBSWAP Attn: Legal Department, SNOBSWAP (in the case of SNOBSWAP) or to the email address you provide to SNOBSWAP during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to SNOBSWAP during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
DISPUTE WITH SNOBSWAP
In the event a dispute arises between you and SNOBSWAP, our goal is to provide you with a neutral, cost effective and speedy resolution. Accordingly, you and SNOBSWAP 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. If SNOBSWAP is found to be liable, you agree that its liability to you or to any third party is limited to the greater of (a) the total fees you paid to SNOBSWAP in the 12 months prior to the action giving rise to the liability, or (b) $100.
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 SNOBSWAP 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.
Alternatively, any Claim may be adjudicated by a court of competent jurisdiction located in Washington, DC. You and SNOBSWAP agree to submit to the personal jurisdiction of the courts located within Washington, DC.
Commencement of Cause of Action
You agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
Alternative Dispute Resolution
Alternatively, SNOBSWAP will consider use of other alternative forms of dispute resolution, such as binding arbitration to be held in Washington, DC 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, 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.
The following policies are incorporated into this Agreement by reference and provide additional terms and conditions related to specific services offered on the Site:
This Agreement shall be governed in all respects by the laws of the District of Columbia. 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.
Enforceability, Headings, and Survival
This Agreement sets forth the entire understanding and agreement of the foregoing terms between us. 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 SNOBSWAP in accordance with "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. Fees and Services, Marketplace Only, Swapping and Selling, User Conduct, No Warranty & Disclaimer, Limited Liability, Indemnity, Applicable Law, and Survival, shall survive any termination, breach, or expiration of this Agreement.