Terms and Conditions
By registering with this website and using this website and its associated websites, you are agreeing to become a member which allows you to access a directory of information posted by other members in order that you and other members can contact one another for the purpose of facilitating a home exchange. The service provided by Swapartment is limited to providing members a published directory of information for use by other members.
Your membership for the service is for your sole, personal use. You may not authorize others to use your membership and you may not assign or otherwise transfer your account to any other person or entity.
YOU MAY NOT USE THE SERVICE IF YOU ARE UNDER THE AGE OF 18 OR YOU ARE NOT ABLE TO FORM LEGALLY BINDING CONTRACTS, OR IF YOUR MEMBERSHIP HAS BEEN SUSPENDED BY US. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE REGISTERING FOR THE SERVICE. BY REGISTERING FOR THE SERVICE, YOU BECOME A MEMBER, AND YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT FOR AS LONG AS YOU CONTINUE TO BE A MEMBER.
By continuing to access or use this site, or any service on this site, you signify YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS OF USE. We reserve the right at our sole discretion to amend, remove, alter or add to these terms and conditions at any time without notice. Such modifications shall be effective immediately. Accordingly, please continue to review these terms and conditions of use whenever accessing or using this site. If you do not agree with all of the terms of this Agreement, do not register for the service and you may not access or use any part of our service.
In this Agreement the following terms have the following meanings unless the context requires otherwise:
"Agreement" means the agreement between You and Us incorporating these terms and conditions of use, as amended from time to time in the manner set forth herein;
"We, Us, Our" means the Swapartment.com; and
"You, Your, Yourself" means the person who registers for the service and accepts the terms and conditions of this Agreement.
- Our sole responsibility is publishing listings on our website.
- We rely on the integrity and responsibility of the listing parties.
- We do not verify the existence or content of any property and do not guarantee an exchange of any kind. We are not responsible for the accuracy of the listings or the actions of the members, and claim no responsibility for the accuracy of the information accessed or linked to through use of this service.
- Members and users of the services take sole responsibility for any agreements reached through use of this site.
As a member of this site I agree to the following principles:
- I will accurately describe my home and exchange opportunity or rental in all correspondence. This includes an accurate description of the type, number and size of rooms. Any interior or exterior photos posted must be of the property offered for exchange or rental, unless specifically indicated otherwise. Omissions of relevant descriptions may be considered the same as an inaccurate description and subject the Member to removal from the site.
- I will not engage in advertising to, or solicitation of, other members to buy or sell any products or services through this service, other than the posting of my home for exchange in accordance with the terms of this site. No inquiries or responses between members of this website shall contain any type of advertising or solicitation other than discussions relating to the exchange or rental of a member's home in accordance herewith.
- I will leave my house in a clean and sanitary condition for my exchange partner
- I will treat other Members and their property with courtesy and respect. I will treat my exchange partner's home and belongings as I would treat my own, and expect them to do the same. I will leave their home in as good or better condition than I found it.
- I will notify my exchange partner or renter of any damage and offer to replace, repair or pay for same.
- I will not use this Website to violate any applicable law.
- I understand that data mining of information from this site, and collecting or storing personal information about members, is prohibited. Any attempt to collect email addresses from members for any purpose other than arranging a personal home exchange results in cancelation of one's membership.
- I agree that Swapartment has no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted by their service. I acknowledge that features and services we provide may change at any time.
- I will not post or send any content or engage in any conduct that subjects Swapartment to any threat of civil or criminal penalties.
- I am responsible for conducting my own investigation regarding any and all claims made by prospective exchangers or property owners.
- I assume all liability for use of any information I find on Swapartment.com or it's affiliate web sites.
- I understand that the operators of this website assume no responsibility and in no way warrant the accuracy of the information contained in any of the pages published here.
- I have the authority to enter into this agreement, to post my listing and to offer it for exchange.
- I am responsible for investigating and adhering to all local regulations including, but not limited to safety compliance, permits, licenses, occupancy taxes, zoning, rules and restrictions applicable to co-ops or condominiums.
Members are solely responsible for their relations and exchanges with other members. You understand that Swapartment does not in any way screen its members, nor do we inquire into the backgrounds of our members or attempt to verify the information posted by our members. In no event shall the Swapartment be liable for any damages whatsoever, whether direct, indirect, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of our members or anyone else in connection with the use of the service, including without limitation, bodily injury, emotional distress, and/or any other damages. You agree to take reasonable precautions in all interactions with other members of this service. You understand that we make no guarantees regarding the homes you rent or for which you exchange through the service.
It is your responsibility as a member to verify your own insurance coverage and the coverage provided by your exchange partner, be it auto, property or liability insurance.
You are solely responsible for the content or information you publish or display ("post") on the service, or transmit to other members. You will not post on the service, or transmit to other members or to us or our employees, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not include in any post any offensive language. In the case of disputed content, Swapartment will be the final judge as to the appropriateness of the content. We reserve the right, but we have no obligation, to reject any information or photo that does not comply with the prohibitions set forth in this section. We reserve the right to refuse service to anyone, at our sole discretion.
This website is protected as a collective work or compilation under U.S. copyright laws. All individual elements making up the site are also copyrighted works. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the site. Any photos or descriptions submitted by members become the property of Swapartment and may be used for promotional or other purposes by us.
You warrant to us that the information posted is posted by you and that you are the exclusive author of the information and the exclusive owner of the photographs. You assign to us all copyright with respect to any information and photograph you post. You waive absolutely any and all rights to be identified as author of the information and owner of your photographs, once submitted. You agree not to upload or post any content or information protected by copyright, trademark or other proprietary right without the permission of the owner of such copyright, trademark or other proprietary right. You are responsible for determining whether content or information is protected by copyright, trademark or other proprietary right. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks or other proprietary rights resulting from such a submission.
RIGHT TO TERMINATE MEMBERSHIP
We reserve the right to cancel any Membership for any reason, including misuse of the site or actions we feel compromises the security of the site or any action that adversely affects other members or their property. Swapartment reserves the right to cancel your membership if we determine, at our sole discretion, that you have violated this Agreement or our Privacy Statement. The Club may also terminate any listing or membership at any time for any other reason or for no reason at all at our sole discretion without having to offer full or partial refunds.
RIGHT OF MEMBER TO TERMINATE
Members may "hide" or "unhide" their listing at any time and at no charge by logging in to their Member Page and choosing that option. Should a member choose to terminate their listing or account, they may do so by contacting Customer Service. Refunds will not be given when members so terminate their listings or accounts.
DISCLAIMER AND LIMITATION OF LIABILITY
Use of the the this web site and any information obtained from it is at your sole risk. We make no warranty of any kind as to the listings on the site or any other information contained on the site, including, but not limited to, accuracy and non-infringement. You agree that the Swapartment shall have no responsibility or liability for any direct or indirect injury or damages arising in connection with your use of the this web site, including without limitation any physical injury suffered on any listed property or at the hands or by the negligence of any member or other person. Under no circumstances, including, but not limited to negligence, shall Swapartment be liable to you for direct, indirect, incidental or consequential damages arising from use of or inability to use the service or any links or items on the service or any provision of the terms of service. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages. In no event shall Swapartment be liable for any amount in excess of the membership fees paid by the member.
You agree to indemnify and hold harmless Swapartment and it's employees and owners from any injury or damage suffered directly or indirectly as a result of your use of our home listing service, You agree to pay any and all costs, damages and expenses, including, but not limited to, reasonable attorneys' fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action or proceeding attributable to any such claim. Swapartment cannot and will not act as a mediator or arbitrator in any dispute arising from the use of this web site.
Any dispute between parties, which arises out of or is related to this Agreement, shall be resolved by binding arbitration conducted by a retired judge of the superior court or an impartial person chosen from a list supplied by the American Arbitration Association, to hear this matter in San Francisco County, California, using the American Arbitration rules of Commercial Arbitration. The parties shall be bound by the results of binding arbitration. The parties shall initially both bear their own costs of the arbitration. The prevailing party in any BINDING arbitration or Court action arising out of or relating to this Agreement shall be entitled to recover costs, expert witness fees, attorneys' fees and arbitrator's fees.
Opinions, advice, statements, offers, or other information or content made available through the service, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION ON THE SERVICE AND WE NEITHER ADOPT NOR ENDORSE, NOR ARE WE RESPONSIBLE FOR, THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN US. UNDER NO CIRCUMSTANCES ARE WE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANY PERSON'S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICE OR TRANSMITTED TO MEMBERS.
WE RESERVE THE RIGHT, BUT WE HAVE NO OBLIGATION, TO MONITOR THE MATERIALS POSTED IN THE PUBLIC AREAS OF THE SERVICE. WE SHALL HAVE THE RIGHT TO REMOVE ANY SUCH MATERIAL THAT, IN OUR SOLE DISCRETION, VIOLATES, OR IS ALLEGED TO VIOLATE, THE LAW OR THIS AGREEMENT. NOTWITHSTANDING THIS RIGHT, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST IN THE PUBLIC AREAS OF THE SERVICE AND IN YOUR PRIVATE EMAIL MESSAGES. EMAILS SENT BETWEEN YOU AND OTHER MEMBERS THAT ARE NOT READILY ACCESSIBLE TO THE GENERAL PUBLIC MAY BE REVIEWED BY US FOR COMPLIANCE WITH THIS AGREEMENT, BUT WILL BE TREATED BY US AS PRIVATE TO THE EXTENT REQUIRED BY APPLICABLE LAW.
These terms and conditions constitute the entire agreement between you and Swapartment, and supercede any prior agreements.
By using or continuing to use the services of the Club, I agree to the terms and conditions of this Agreement.