We are pleased that you are using our website, products, and services (collectively, “Services”). The Services are provided by CariSwapShop, LLC (“CariSwapShop”), USA. Our Services include a number of unique products. Each unique product may include specific additional requirements (including age requirements) and/or terms applicable to the unique product. Any specific additional requirements and/or terms (collectively “Additional Requirements”) will be made available to you when you access or use the applicable Services. Such Additional Requirements become part of your agreement with us if you access or use any of those applicable Services. By using any of the Services, you are agreeing to all of these terms of service (“Terms”) as described in more detail below. Please read these Terms carefully.
ACCEPTING THESE TERMS
If you access or use any of the Services, it means you agree to all of these Terms. So, before you use the Services, please read all of the Terms. If you don’t agree to all of these Terms, you will not be able to use the Services. If you do not understand these Terms, please let us know by contacting us at info@CariSwapShop.com.
CHANGES TO THESE TERMS
We may modify or change these Terms or any Additional Requirements that apply to any of our Services. As an example, we may modify or change these Terms or any Additional Requirements when there are changes to any of our Services, or when there are changes to one or more laws. When we modify or change these Terms or any Additional Requirements, we will post a notice of any applicable modifications when you access any of the applicable Services.
Generally, changes to Terms or to any Additional Requirements (collectively “Changes”) will become effective no sooner than fourteen (14) days after they are posted. However, in some cases, Changes made for legal reasons will be effective immediately. Additionally, in some cases, Changes will be effective immediately when a change is made because of a change or addition to our Services. No Changes will become effective retroactively.
If you do not agree to the Changes for a Service, then you should discontinue your access to and use of that Service. If you continue to use the Service after the Changes go into effect, then you have accepted the applicable Changes.
If there is a conflict between these Terms and the Changes, the Changes will control for that conflict.
INTELLECTUAL PROPERTY RIGHTS (INCLUDING RIGHTS TO CONTENT AND TRADEMARKS)
Using our Services does not give you ownership of any intellectual property rights in our Services.
Use of our Services also does not give you ownership of any intellectual property rights in the content you access. You may not use content from our Services, unless you obtain permission from the owner of the content, or you are otherwise permitted by law to use such content.
These Terms do not grant you the right to use any trademark, service mark, branding, or logos used in our Services.
Our Services display some content that is not the content of CariSwapShop.com. This content is the sole responsibility of the entity or individual that makes such content available.
We may review content to determine whether it violates our policies and to determine whether such content is illegal. Please note that we may remove or refuse to display content that we believe violates our policies or violates the law.
However, we may not be able to review all content. Therefore, please do not assume that we are able to review all content.
Copyright Protection and copyright complaints
All content included in or made available through any Service, such as texts, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of CariSwapShop, LLC or its content suppliers and protected by United States and international copyright laws.
USING OUR SERVICES
Do not remove, alter, or obscure any legal notices displayed in, or along with, our Services.
You must follow these Terms, and any terms of service, policies, and requirements, including Additional Requirements, as applicable to the Services. Such terms of service, policies, and requirements will be made available to you within website pages related to the applicable Services.
You may use our Services only as permitted by law, including applicable export control laws and regulations.
Do not misuse our Services. As an example, do not interfere with our Services or try to access them by using a method different from the instructions that we provide, or different from the interface that we provide. Other examples of misuse of our Services include, but are not limited to, the following:
- Using the Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services or that could damage, disable, overburden, or impair the functioning of the Services;
- Impersonating any person or entity, or otherwise misrepresenting your affiliation with a person or entity;
- Collecting any personal information about other users, or intimidating, threatening, stalking, or otherwise harassing other users of the Services;
- Creating an account if you are not over 18 years of age; and
- Circumventing or attempting to circumvent any filtering, security measures, rate limits, or other features designed to protect the Services, users of the Services, or third parties.
If you do not comply with these Terms, or with any applicable terms of service, policies, and requirements, including any Additional Requirements, or if we are investigating any suspected misconduct, then we may suspend or disable your access to, or use of the Services, or we my stop providing our Services to you.
In connection with your use of the Services, we may send you administrative messages, service announcements, and other information. You may opt out of some of those communications.
Some of our Services may be made available on mobile devices. Do not use such Services in a way that distracts you and prevents you from observing your surroundings, taking appropriate safety measures, and/or obeying safety laws, traffic laws, or other laws, whether you are walking, driving a motor vehicle, riding a bicycle, using any form of personal or public transportation, or engaged in any other form of activity.
Our privacy policies explain how we protect your privacy and how we treat your personal data and information when you use our Services. By using our Services, you agree that CariSwapShop.com can use such data in accordance with our privacy policies.
CREATING AND MAINTAINING ACCOUNTS
You may need a CariSwapShop.com account in order to use some of our Services.
To protect your CariSwapShop.com account, please keep your password confidential. Do not reuse your CariSwapShop.com password on third-party applications. You also agree to take all reasonable steps to maintain the security of your password.
You are responsible for the activity that occurs on, or involves, or occurs by means of using your CariSwapShop.com account.
If you learn of any unauthorized use of your password or your CariSwapShop.com account, or you learn of any security breaches related to your account or password, then please follow the instructions provided below. If you do not take all reasonable steps to maintain the security of your password, then you agree to accept all risks of unauthorized access to your account data and any other information you provide to CariSwapShop.com.
When you create your account, you may use any name (real, fake, or otherwise) for other users to see. If you create a “pseudo anonymous” account or a name other than your real name, then you must provide your real name for billing, legal, and administrative purposes.
YOUR CONTENT and CONDUCT
In order to make CariSwapShop.com a great place for all of us, please do not post, link and otherwise make available on, or through, the Services any of the following:
- Content that is libelous, defamatory, bigoted, fraudulent or deceptive;
- Content that is illegal or unlawful, or that would otherwise create liability;
- Content that may infringe or violate any patent, trademark, trade secret, copyright, right of privacy, right of publicity, or other intellectual property rights, or other rights of any party;
- Mass or repeated promotions, political campaigning, or commercial messages directed at users who do not follow you (collectively, “SPAM”);
- Private information of any third party (e.g., addresses, phone numbers, email addresses, Social Security numbers, and/or credit card numbers); and
- Viruses, corrupted data, Trojans, malware, or other harmful, disruptive or destructive files or code.
Our automated systems analyze your content to provide you personally relevant product features. This analysis occurs as the content is received or sent, and when it is stored.
If you have a CariSwapShop Account, we may display your account name and actions you take on CariSwapShop.com or on third-party applications connected to your CariSwapShop.com account.
You can find more information about how CariSwapShop.com stores and uses content in the Privacy Policies or in Additional Requirements for applicable Services.
We appreciate any of your comments, feedback, and suggestions. If you provide or submit feedback, comments, or suggestions about our Services, these Terms and, in general, CariSwapShop.com, we may use your feedback or suggestions without obligation to you. You irrevocably assign to us all of your right, title, and interest in, and to, all of your feedback, comments, and suggestions.
CariSwapShop.com attempts to be as accurate as possible. However, CariSwapShop.com does not warrant that product descriptions or other content of any Service is accurate, complete, reliable, current, or error-free. If a product offered by CariSwapShop.com itself is not as described, your sole remedy is to return it in unused condition
You may not copy, modify, distribute, publicly display, publish, publicly perform, communicate, modify, host, store, transfer, assign, sell, or lease any part of our Services or included software, nor may you create derivative works, reverse engineer, or attempt to extract the source code or object code of that software, unless laws prohibit those restrictions, or you have our written permission.
Some software used in our Services may be offered under an open source license that we will make available to you. There may be provisions in the open source license that expressly override some of these Terms.
When our Services require or include downloadable software, this software may update automatically on your device whenever a new feature, function, update, or version is available. Some Services may enable you to adjust your automatic update settings.
CariSwapShop.com gives you a personal, worldwide, royalty-free, non-assignable, non-transferrable, and non-exclusive license to use the software provided to you by CariSwapShop.com as part of the Services. This license is for the sole purpose of allowing you to enjoy and use the benefits of the Services as provided by CariSwapShop.com, in the manner permitted by these Terms.
risk of loss
All items purchased from or through CariSwapShop.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
returns, refunds and title
CariSwapShop, LLC does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, CariSwapShop does not take title to the refunded item. For more information about our returns and refunds please see our Return Policy.
Except where noted otherwise, the List Price or Suggested Price displayed for products on any Service represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price or Suggested Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price or Suggested Price may represent “open-stock” prices, which means the aggregate of the manufacturer’s estimated or suggested retail price for each of the items included in the set. Where an item is offered for sale by one of our merchants, the List Price or Suggested Price may be provided by the merchant.
With respect to items sold by CariSwapShop.com, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by CariSwapShop.com is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item.
We generally do not charge your credit card until after your order has entered the shipping process or, for digital products, until we make the digital product available to you
Our Disclaimers and Warranties
We provide our Services using a commercially reasonable level of care and skill, and we hope that you will benefit from and enjoy using the Services. However, there are certain things that we do not promise about our Services.
WE PROVIDE THE SERVICES “AS IS”. THE SERVICES AND ANY OTHER SERVICE, CONTENT, AND SOFTWARE INCLUDED IN THE SERVICES, OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, ARE PROVIDED TO YOU ON AN “AS IS” OR AS AVAILABLE BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. WE DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS (EXPRESS, IMPLIED, OR STATUTORY, ORAL OR WRITTEN) WITH RESPECT TO THE SERVICES, SOFTWARE, AND CONTENT INCLUDED IN THE SERVICES, OR OTHERWISE MADE AVAILABLE TO YOU, THROUGH THE SERVICES, WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING, OR OTHERWISE.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR IN ADDITIONAL TERMS, NEITHER CARISWAPSHOP.COM, NOR ITS SUPPLIERS OR DISTRIBUTORS, MAKE ANY SPECIFIC PROMISES OR WARRANTIES ABOUT THE SERVICES. FOR EXAMPLE, WE DO NOT MAKE ANY COMMITMENTS ABOUT THE SOFTWARE AND THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR AVAILABILITY, RELIABILITY, OR ABILITY TO MEET YOUR NEEDS.
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
LIABILITY FOR OUR SERVICES
IN NO EVENT WILL CARISWAPSHOP.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST DATA, LOST PROFITS, OR REVENUES, FINANCIAL LOSSES, OR SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF, OR IN CONNECTION WITH, THE SERVICES OR ANY OTHER SERVICE, SOFTWARE, AND/OR CONTENT INCLUDED IN, OR OTHERWISE MADE AVAILABLE TO YOU THROUGH, THE SERVICES, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF CARISWAPSHOP.COM, AND OF OUR DISTRIBUTORS AND SUPPLIERS, FOR ANY AND ALL CLAIMS FOR ALL CAUSES OF ACTION, INCLUDING FOR ANY IMPLIED WARRANTIES, AND UNDER ALL THEORIES OF LIABILITY, WILL BE LIMITED TO THE AMOUNT YOU PAID US TO ACCESS AND USE THE SERVICES, OR AT OUR OPTION, TO PROVIDING THE SERVICES TO YOU AGAIN. IN ALL CASES, CARISWAPSHOP.COM, AND ITS DISTRIBUTORS AND SUPPLIERS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE. THIS SECTION WILL BE GIVEN FULL EFFECT, EVEN IF ANY REMEDY SPECIFIED IN THIS AGREEMENT IS DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
You agree to defend, indemnify and hold us harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees, costs, penalties, interest, and disbursements) we incur in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party relating to your use of the Services, or the use of the Services by any person using your account, including any claim that your use of the Services violates any applicable law or regulation, or the rights of any third party, and/or your violation of these Terms.
If you are using our Services on behalf of an entity, including, but not limited to a business, that entity accepts these Terms. The applicable entity will hold harmless and indemnify CariSwapShop.com and its affiliates, officers, agents, and employees from any claim, suit or action arising from, or related to, the use of the Services or violation of these Terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs, and attorneys’ fees.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
ABOUT THESE TERMS
These Terms control the relationship between CariSwapShop.com and you. They do not create any third party beneficiary rights.
If you do not comply with these Terms, and we do not take action right away, this does not mean that we are waiving or giving up any rights that we may have (such as taking action in the future).
If it turns out that one of the Terms is not enforceable, this will not affect any of the other Terms.
The validity of these Terms and the rights, obligations, and relations of the parties under these Terms will be construed and determined under, and in accordance with, the laws of the Commonwealth of Pennsylvania, USA, without regard to conflicts of law principles.
The laws of the Commonwealth of Pennsylvania, excluding Pennsylvania’s conflict of laws rules, will apply to any disputes arising out of, or relating to, these Terms or the Services.
All claims arising out of or relating to these Terms or the Services will be litigated exclusively in the federal or state courts of Lehigh County, Pennsylvania, USA, and you and CariSwapShop.com consent to personal jurisdiction in those courts.
These Terms constitute the entire agreement between you and CariSwapShop.com regarding the use of the Services, and these Terms supersede any and all prior agreements between you and CariSwapShop.com relating to your use of the Services.
QUESTIONS & CONTACT INFORMATION
If you wish to contact us, provide us with questions or comments, or submit information to us related to the Services, you may do so by following the instructions contained on our contact page, or you may email us at the email address info@CariSwapShop.com.