Last Updated April 23, 2015
Welcome to our Website. The SwitchGads web service is owned by SwitchGads organized under the laws of the State of New York (“SwitchGads”, “We”, “Us”, “Our”). SwitchGads is a marketplace where you (“User”) can buy and sell mobile devices as well as other electronics such as apple laptops, and gaming consoles (”Service”). The actual contract for sale is directly between the Seller and the Buyer.
In order to use SwitchGads, you must: 1) be at least eighteen (18) years old and able to enter into contracts; 2) complete the registration process; 3) agree to the Terms; 4) have a PayPal account and 5) continually provide true, complete, and up to date information to Us.
By using SwitchGads, you represent and warrant that you meet all the requirements listed above, and that you won’t use SwitchGads in a way that violates any laws or regulations. SwitchGads may refuse service, close accounts of any users, and change eligibility requirements at any time.
If you are eligible to use SwitchGads, we grant you a limited, revocable, nonexclusive, non-assignable, non-sub licensable license to access SwitchGads in compliance with the TOU; unlicensed access is unauthorized. You agree not to license, distribute, make derivative works, display, sell, or "frame" content from SwitchGads, excluding content you create and share with friends/family. You shall respect our proprietary rights in the Website and the software used to provide SwitchGads (proprietary rights include patents, trademarks, service marks, and copyrights). All rights not expressly granted to you in this TOU, are reserved for SwitchGads.
You grant SwitchGads a perpetual, irrevocable, unlimited, worldwide, fully paid/sub licensable license to use, copy, perform, display, distribute, and make derivative works from content you post.
As long as you’re an eligible user or have an outstanding balance with us, you'll provide us with valid PayPal account information and authorize us or our third party designee to charge your account for Our Fees [LINK TO FEES PAGE HERE]. Our fees are in US dollars; any tax is additional. To the maximum extent permitted by law, fees are nonrefundable, even for posts we remove, or accounts we suspend or terminate.
Anyone using a PayPal account represents and warrants that he or she is authorized to use that PayPal account and those any and all charges may be billed to that PayPal account and won’t be rejected. If, for some reason, we’re unable to process your PayPal charge, we’ll try to contact you by email and suspend your account until your payment can be processed.
Buyer is entitled to a refund only when an item purchased is “not as described” when received, and promptly returned to and received by the Seller.
Where the return concerns an item that is blacklisted, unable to be activated, or is unstable, Seller is responsible for the return shipping, insurance and tracking of the item.
Where the return concerns a disagreement of the condition of the item, Buyer is responsible for the return shipping, insurance and tracking of the item.
Some sellers may choose to post voluntary return policies for those with “buyer’s remorse”. Seller must honor its posted voluntary return policy.
You agree not to use or provide software (except for general purpose web browsers and email clients, or software expressly licensed by us) or services that interact or interoperate with SwitchGads, including but not limited to downloading, uploading, posting, flagging, emailing, search, or mobile use. Robots, spiders, scripts, scrapers, crawlers, etc. are prohibited, as are misleading, unsolicited, unlawful, and/or spam postings/email. You agree not to collect users' personal and/or contact information ("PI").
You agree not to post content, seek to buy or offer for sale, including but not limited to any of the following:
- recalled items; hazardous materials
- false, misleading, deceptive, or fraudulent content; bait and switch; keyword spam
- offensive, obscene, defamatory, threatening, or malicious postings or email
- anyone’s personal, identifying, confidential or proprietary information
- stolen property, property with serial number removed/altered, etc
- counterfeit, replica, or pirated item
- spam; miss-categorized, over posted, cross-posted, or nonlocal content
- postings or email the primary purpose of which is to drive traffic to a website
- postings or email offering, promoting, or linking to unsolicited products or services
- affiliate marketing; network, or multi-level marketing; pyramid schemes
- any good, service, or content that violates the law or legal rights of others
- any device that is not 100% fully functional, activation ready, and clean IMEI or ESN
- any device which you do not have good and marketable title for.
SELLERS CODE OF CONDUCT
Seller is obligated to fulfill a sale or otherwise complete the transaction with a buyer whom accepts and meets seller’s price, terms and limitations, promptly.
Seller shall strive to ship all orders with 48 business hours of buyer’s payment clearing, using the shipping method with tracking specified in the listing, unless other arrangements have been made with the buyer.
Seller shall provide Buyer with all tracking information.
Seller shall refund promptly for returned items after received.
We reserve the right to enforce our policies, rules, code of conduct and Terms as we see fit in our complete discretion. This includes blocking (e.g. IP addresses), filtering, deletion, delay, omission, verification, and/or access/account/license termination.
You’re responsible for keeping your account name and password confidential. You’re also responsible for any account that you have access to, whether or not you authorized the use. You’ll immediately notify us of any unauthorized use of your accounts. We’re not responsible for any losses due to stolen or hacked passwords.
To the maximum extent permitted by law, (1) we make no promise as to SwitchGads, its completeness, accuracy, availability, timeliness, propriety, security or reliability; (2) your access and use are solely at your own risk, and SwitchGads is provided "AS IS" and "AS AVAILABLE"; (3) we are not liable for any harm resulting from (a) user content; (b) user conduct, e.g. illegal conduct; (c) your SwitchGads use; or (d) our representations; (4) WE AND OUR OFFICERS, DIRECTORS, EMPLOYEES ("SwitchGads Team"), DISCLAIM ALL WARRANTIES & CONDITIONS, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, OR NON-INFRINGEMENT; (5) THE SWITCHGADS TEAM IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS (E.G. OF PROFIT, REVENUE, DATA, OR GOODWILL); (6) IN NO EVENT SHALL OUR TOTAL LIABILITY BE GREATER THAN THE MINIMUM PERMITTED BY LAW.
THIRD PARTY LIABILITY
In no event shall the SwitchGads Team be responsible for the actions of any third party. Third parties may include but are not limited to buyers, sellers, advertisers, linked websites or other users. While we may provide You guidance in Our Service, such guidance is solely informational. You may decide to follow it or not. Also, while we may help facilitate the resolution of disputes, We have no control over and do not guarantee the existence, quality, safety or legality of services advertised; the truth or accuracy of users' content or listings; the ability of sellers to sell or perform services; the ability of buyers to pay for services; or that a buyer or seller will actually complete a transaction, or refund a payment.
You will indemnify and hold the SwitchGads Team harmless from any claim or demand, including reasonable legal fees, made by you or any third party due to or arising out of Your breach of this TOU, Your improper use of Our Service or Your breach of any law or the rights of a third party.
COMPLIANCE WITH LAW
You represent and warrant that You are in compliance with all national, federal, state, and local laws, ordinances and regulations. You agree to indemnify and hold the SwitchGads Team harmless from any losses, including attorney fees that result from Your breach of any part of these Warranties and Terms.
If You have a dispute with one or more users, You release us the SwitchGads Team from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release You expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which You may know or suspect to exist in Your favor at the time of agreeing to this release.
INTELLECTUAL PROPERTY INFRINGEMENT
We respect the intellectual property rights of others and expect Our users to do the same. It is Our policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, We will respond expeditiously to claims of copyright infringement committed using our Service that are reported to Our Designated Copyright Agent, identified in the sample notice below.
If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site by completing the following DMCA Notice of Alleged Infringement and delivering it to Our Designated Copyright Agent. Upon receipt of the Notice as described below, We will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Site. DMCA Notice of Alleged Infringement ("Notice").
1.Identify the copyrighted work that you claim has been infringed, or - if multiple copyrighted works are covered by this Notice - you may provide a representative list of the copyrighted works that you claim have been infringed.
2.Identify (i) the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found, and (ii) the reference or link, to the material or activity that you claim to be infringing, that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate that reference or link, including at a minimum, if applicable, the URL of the link shown on the Site where such reference or link may be found.
3.Provide your mailing address, telephone number, and, if available, email address.
4.Include both of the following statements in the body of the Notice:
"I hereby state that I have a good faith belief that the disputed use of the copyrighted material or reference or link to such material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."
"I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
5.Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to Our Designated Copyright Agent:
998 Old Country Rd
Plainview NY, 11803
The invalidity or unenforceability of any provisions of this TOU shall not affect the validity or enforceability of any other provision of this TOU, which shall remain in full force and effect.
Our failure to exercise or delay in exercising any right, power or privilege under this TOU shall not operate as a waiver; nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof.
This TOU may only be amended by a writing of the Parties. These new terms will then be incorporated into the existing TOU. If there is a conflict between the existing terms and the new terms, the new terms shall control.
This TOU shall be governed, construed, and enforced in accordance with the laws of the State of ______, without regard to its conflict of laws rules.
Any dispute or controversy You or We have arising under or in connection with this TOU shall be settled exclusively by arbitration in the State of _________, in accordance with the Commercial rules of the American Arbitration Association then in effect by one arbitrator. Judgment may be entered on the arbitrator's award in any court having jurisdiction. The arbitrator shall not have the power to award any punitive or consequential damages.
Arbitration shall proceed solely on an individual basis without the right for any Claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. The arbitrator's authority to resolve and make written awards is limited to Claims between You and the SwitchGads Team alone. Claims may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration.
The above notwithstanding, if You violate these Terms then SwitchGads may seek injunctive or other equitable relief in a Court of Law.
You may not assign any of Your rights under this TOU to anyone else. We may assign Our rights to any other individual or entity at Our discretion.
All notices to You will be effective when We send it to the last email or physical address You gave us or posted on Our Website. Any notice to Us will be effective when delivered to us at:
998 Old Country Rd, Plainview NY, 11803