THE FOLLOWING DESCRIBES THE TERMS ON WHICH SWAPROCKS!, L.L.C. OFFERS YOU ACCESS TO OUR SERVICES.

By using Swaprocks.com, you agree to the terms and conditions outlined below. If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access our services.

USERS WHO VIOLATE THE TERMS OF SERVICE MAY PERMANENTLY BE BANNED FROM USING Swaprocks.com.

You must read, agree with and accept all of the terms and conditions contained in this User Agreement and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you may become a user of Swaprocks.com.

We reserve the right to change, modify, add or remove portions of these terms at any time. If you continue to use Swaprocks.com after we have posted changes to the terms, it means you have accepted those terms. It is the user's responsibility to be aware and informed of the contents of these terms and conditions at all times.

1. User Eligibility.
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 to temporarily or permanently suspended Swaprocks.com users. If you are 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, do not use our Site. Further, your Swaprocks.com account (including feedback) 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. Additionally, this service is only available to those residing in the U.S.

2. Fees and Services.
Joining Swaprocks.com, offering items on Swaprocks.com and taking items on Swaprocks.com is free. We may, in our sole discretion, change some or all of our services at any time.

3. Swaprocks.com is a Platform.
Swaprocks.com acts as a platform that allows anyone to offer and trade items at anytime, from anywhere in the U.S. We are not involved in the actual transaction between listers and takers. Swaprocks.com is acting as a passive conduit for such transactions. Swaprocks!, L.L.C., is not undertaking any obligation or liability relating to any content or activities of its users. As a result, we have no control over the quality, safety, or legality of the items advertised, the truth or accuracy of the listings, the ability of listing parties to list. Swaprocks!, L.L.C cannot ensure that the party listing will complete a transaction. Consequently, we do not transfer legal ownership of items, this process is between the listing and taking parties.

4. Information Control.
We do not control the information provided by other users that is made available through our system. 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. Additionally, there may also be risks dealing with international trade and foreign nationals. By using this Site, you agree to accept such risks and Swaprocks!, L.L.C. is not responsible for the acts or omissions of users on the Site. Swaprocks!, L.L.C. cannot prevent users from placing prohibited content on the Service. Upon notification of inappropriate material, Swaprocks!, L.L.C. reserves the right, but not the responsibility, to remove the content. Swaprocks!, L.L.C. further reserves the right to stop a user from accessing the Service upon receipt of complaints about the user's contributions and participation on the Service. You and any person who have access to the Service must evaluate, and bear the risk associated with, the accuracy, completeness or usefulness of any Content. Swaprocks!, L.L.C. does not pre-screen Content as a matter of policy, but Swaprocks!, L.L.C. reserves the right, but not the responsibility, to remove Content which is deemed in Swaprocks!, L.L.C. sole discretion harmful, offensive, inaccurate or otherwise in violation of the terms of service or any rules or policies Swaprocks!, L.L.C. has in place at that time. Either the User or Swaprocks!, L.L.C. may terminate the Service at any time for any reason. Once your access to the Service is terminated, you cannot engage in the Service in any manner or for any reason without the express written consent of Swaprocks!, L.L.C. and you cannot assist in enabling a terminated user access to Swaprocks.com via your Account.

5. Identity Verification.
Swaprocks!, L.L.C. may 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, Swaprocks!, L.L.C. cannot and does not confirm each User's purported identity. Thus, we have established a user-initiated 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.

6. Release.
Because we are a platform, in the event that you are involved in a dispute with one or more Users, you release Swaprocks!, L.L.C. (and our officers, directors, agents, subsidiaries, joint ventures, designees, members, 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.

7. Trading.
By trading for an item you agree to be bound by the conditions of the trade as provided by Swaprocks.com. Once trades are accepted, the trade is not retractable except in exceptional circumstances. If you choose to offer/take mature audience items or items that are restricted to adult use, you are certifying that you have the legal right to possess such items.

8. Listing.
You must be legally able to list the item(s) you post on the Swaprocks.com. You may post comments about your item on the listing page of the Site. Your listings may only include content relevant to the sale of that item. All listed items must be listed in an appropriate category.

9. Netiquette.
You are entirely responsible and liable for all of your activities on Swaprocks.com. Listed below are some, but not all, violations that may result in termination of your access to Swaprocks.com. By using Swaprocks.com, you agree NOT to do any of the following:

9.1. Post, transmit, promote, or distribute content that is illegal.

9.2. Transmit or facilitate distribution of content that is libelous, harmful, threatening, harassing, abusive, racially or ethnically offensive, vulgar, sexually explicit, obscene, defamatory, or objectionable in a reasonable person's view.

9.3. Pretend to be anyone whom you are not. You may not impersonate another user, a Swaprocks!, L.L.C. staff member, or anyone else.

9.4. Attempt to get a password, other account information, or other private information from a user, or harvest email addresses or other information.

9.5. Post any unsolicited advertising, promotional materials, or any other forms of solicitation.

9.6. Pornographic, obscene, and defamatory postings are not allowed anywhere on Swaprocks.com. Postings of this kind will be removed immediately, and a violation will be issued to the User responsible for the posting (several violations will result in the termination of your account). If you see any pornographic, obscene or defamatory postings, please alert us immediately at support@swaprocks.com.

9.7. Usernames that contain obscene words, derogatory or racist remarks, or references to sexual acts or sexual anatomy are not permitted on Swaprocks.com. Usernames of this kind will be deleted immediately upon discovery. If you see a Username that contains obscene, racist or derogatory references, please alert us immediately at support@swaprocks.com.

9.8. Harassment is not permitted. Harassment is defined as making inappropriate or unwanted comments, sending unwanted emails, making personal attacks on another user. Unsolicited "spam" messages are also not permitted unless expressly authorized by the recipient. User agrees to use any email address aquired through Swaprocks.com for the sole purpose of trading Swaprocks.com materials, unless otherwise agreed to by the users.

10. Fraud.
Without limiting any other remedies, Swaprocks!, L.L.C. may suspend or terminate your account if we suspect that you have engaged in fraudulent activity in connection with the Site.

11. Copyright Regulations.
All content provided by Swaprocks!, L.L.C. on Swaprocks.com is owned by us or used with permission. You may not copy, use, or retransmit anything for Swaprocks.com without our express written permission. Furthermore, you are not permitted to list, post, or distribute any material you do not own or which you do not have permission to use. Violation of this policy may result in copyright, trademark, or other intellectual property rights violation and subject you to civil or criminal penalties. Swaprocks!, L.L.C. respects the intellectual property of others, and we ask you to do the same. Swaprocks!, L.L.C. is in compliance with the Digital Millennium Copyright Act. In order to protect the intellectual property of people from misuse we ask you to help us. If you believe that your work has been copied in a way that constitutes copyright infringement and is accessible on Swaprocks.com, please contact us at support@swaprocks.com.

11.1. Participants and other rights owners can report listings offering infringing items, and request that such items be removed. If you are an owner of intellectual property and believe your intellectual property rights have been violated, please notify us at support@swaprocks.com or by sending notice by U.S. Mail to: Swaprocks!, L.L.C., 57 Canterbury Cir., Somerset, NJ 08873. Please provide the following information in writing:

11.1.1. an electronic or physical signature of the person authorized to act on behalf of the owner whose right has been infringed.

11.1.2. identification of the infringed work, if more than one, a representative list.

11.1.3. identification of the material that must be removed, with a detailed description of its location.

11.1.4. contact information, such as address, telephone number and email address

11.1.5. a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law, and you have the authority to make such a statement.

11.1.6. a statement by you, made under penalty of perjury, that the above information is true and accurate and you are authorized to take such action.

12. Your Information.
"Your Information" is defined as any information you provide to us or other Users in the registration or listing process, in any public message area 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.

12.1. Restricted Activities. 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 distributed only to people legally permitted to receive such content; (g) contain any viruses 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 are prohibited under this Agreement. Furthermore, you may not list any item on the Site (or commence any transaction that was initiated using our service) that could cause Swaprocks! to violate any applicable law, statute, ordinance or regulation.

13. Trademark Notice.
Swaprocks!® is a registered trademark of Swaprocks, L.L.C. All other trademarks, service marks and logos are the property of their respective owners. These marks should not be used, without the express written consent of their owners, in any manner likely to cause confusion, dilution, or tarnishment in any way.

14. Advertising.
Any representations made by our advertisers on Swaprocks.com are the sole representations of those companies. Swaprocks.com makes no representations to the accuracy of the information provided or the products or services being offered for sale.

15. Linking.
Swaprocks.com may from time to time provide links to third-party websites and other resources. In the event that links are posted, Swaprocks!, L.L.C. assumes no responsibility for the availability and content of those sites. All third-party sites are independently owned and operated and Swaprocks.com has no control over the content, availability, or any other aspect of these sites. Swaprocks!, L.L.C. in no way endorses, sponsors, or guarantees the content appearing on any linked third-party sites. The content found on these sites in no way reflects the views of Swaprocks!, L.L.C., or any of its affiliates or parent companies. Swaprocks!, L.L.C makes no representations as to the quality of the products or services found on these sites. Users should take proper precautions when proceeding to third-party sites. Any questions or problems concerning third party websites should be directed to those sites.

16. Access and Interference.
Much of the information on the Site is proprietary or is licensed to Swaprocks!, L.L.C. 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 Swaprocks!, L.L.C. 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 other measures we may use to prevent or restrict access to the Site.

17. Feedback.

17.1. Integrity. You may not take any actions that may undermine the integrity of the feedback system. We reserve the right to limit the number of listings you may place on the Site based upon your feedback.

18. Breach.
You or Swaprocks!, L.L.C. may terminate the Service at any time for any reason. Once your access to the Service is terminated, you cannot engage in the Service in any manner or for any reason without the express written consent of Swaprocks!, L.L.C., and you cannot assist in enabling a terminated user access to Swaprocks.com via your Account. Without limiting other remedies, we may limit your activity, immediately remove your listings, cancel pending trades, warn our community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your use 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.

19. Disclaimer of Warranties.
WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND "AS AVAILABLE." SWAPROCKS!, L.L.C. DOES NOT MAKE ANY WARRANTY, REPRESENTATION, ENDORSEMENT OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Swaprocks!, L.L.C. does not guarantee or warrant that any files available for downloading through the Service will be free of infection by viruses or other code that may contain contaminating or destructive properties. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.

20. Limitation of Liability.
TO THE FULL EXTENT PERMISSILBE UNDER APPLICABLE LAW, SWAPROCKS!, L.L.C. SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).

In no event shall Swaprocks!, L.L.C. have any liability for any incidental, consequential, or indirect damages (including, but not limited to, damages relating to loss of business, profits, goodwill, data, programs or information, and the like) arising out of the use of or inability to use the Service or any information, advice, or services provided on or downloaded from the Service or accessed on the Internet from the Service, even advised of the possibility of such damages and regardless of the cause of action under which such damages are sought, including, without limitation, breach of contract, negligence or other tort. Because some states do not allow the exclusion of implied warranties or the limitation of liability for sequential or incidental damages, the above exclusions and limitations may not apply to you. In such states, Swaprocks!, L.L.C. liability is limited to the greatest extent permitted by law.

21. Disclaimers.
The Service contains links to third-party World Wide Web sites and other resources. Swaprocks!, L.L.C. assumes no responsibility for the availability or content of these outside sites and resources. Therefore, any concerns a user may have regarding any other site should be directed to the relevant site administrator or webmaster. The information, advice, facts, opinions or other content appearing on the Service posted by users or third parties are those of the respective authors and do not reflect the views of Swaprocks!, L.L.C. Swaprocks!, L.L.C. assumes no responsibility or liability for these materials. Further, Swaprocks!, L.L.C. does not make any guarantees regarding the completion of transaction or the receipt of traded materials. 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.

22. Indemnity.
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, designees, members, 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.

23. Legal Compliance.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your trading, listing, and solicitation of offers to trade.

24. No Agency.
You and Swaprocks!, L.L.C. are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

25. Dispute Resolution & Forum Selection.
This User Agreement is made, and will be construed in accordance with the laws of the State of New Jersey. By using Swaprocks.com, User agrees to submit to exclusive jurisdiction and venue of the state and federal courts of Somerset County, New Jersey in all disputes between User and Swaprocks.com. User waives any objections to jurisdiction, venue or forum.

25.1. In the event that any provision of this agreement is held unenforceable, the unenforceable provisions will be removed to the minimum extent necessary while the other provisions remain in full force.

25.2. All disputes between the User and Swaprocks.com shall be resolved in the quickest, least expensive and most neutral way possible. User agrees that all disputes will be resolved in the manner outlined below. User should first contact Swaprocks.com to seek resolution, as Swaprocks.com will consider all reasonable requests to resolve the dispute.

25.3. If the parties cannot privately resolve the dispute, User agrees to submit to binding arbitration. Such arbitration will be conducted, online, by telephone or solely upon written submissions. All arbitrations will be administered by the American Arbitration Association or any other mutually acceptable ADR provider, in accordance with their applicable rules.

25.4. Alternatively, any in-person dispute resolution will be conducted in Somerset County, New Jersey.

26. General.
Swaprocks!, L.L.C. does 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. 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. All heading are for organizational purposes only and in no way limit or define the rights and responsibilities outlined above. Any failure on the part of Swaprocks!, L.L.C. 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. The terms and conditions outlined above constitute the entire agreement between the parties. Sections 2 (Fees and Services), 6 (Release), 16 (Access and Interference), 20 (Limitation of Liability), 22 (Indemnity), and 25 (Dispute Resolution & Forum Selection) shall survive any termination or expiration of this Agreement.