These Terms of Service ("Terms") apply to your access to and use of our website, mobile applications and other online products and services (collectively, the “Travel Swap Services” or "Services") provided by Travel Swap, LLC. (“Travel Swap”, "we" or "us"). PLEASE READ THESE TERMS CAREFULLY, INCLUDING THE MANDATORY ARBITRATION PROVISIONS IN SECTION 20, WHICH REQUIRE THAT DISPUTES, INCLUDING DISPUTES ARISING FROM INCIDENTS OR INTERACTIONS OCCURRING PRIOR TO YOUR ACCEPTANCE OF THESE TERMS, BE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS, NOT A CLASS-WIDE BASIS, AS PROVIDED IN SECTION 20. IF YOU DO NOT WISH TO BE SUBJECT TO ARBITRATION, YOU MAY OPT OUT OF THE ARBITRATION PROVISION BY FOLLOWING THE INSTRUCTIONS PROVIDED IN SECTION 20.

YOU ACKNOWLEDGE AND AGREE THAT THERE ARE RISKS ASSOCIATED WITH USING AN INTERNET-BASED PEER-TO-PEER EXCHANGE PLATFORM AND INTERACTING WITH OTHER USERS IN PERSON AS OUTLINED IN SECTION 16.

BY ACCESSING OR USING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS IN THEIR ENTIRETY, DO NOT USE OUR SERVICES.

We may supply different or additional terms (including, but not limited to, the terms of social media services, third-party payment processors, and third-party fulfillment providers) in relation to some of our Services, and those different or additional terms become part of your agreement with us if you use those Services. If there is a conflict between these Terms and the additional terms, the additional terms will control for that conflict.

We may make changes to these Terms from time to time. If we make changes, we will provide you with notice of such changes, such as by sending an email, providing a notice through our Services or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Services after we provide such notice will confirm your acceptance of the changes. YOU FURTHER AGREE THAT THE AMENDED TERMS SHALL APPLY RETROACTIVELY TO ALL INTERACTIONS BETWEEN US AND YOU GOING FORWARD. SUCH APPLICATION SHALL INCLUDE, BUT IS NOT LIMITED TO, APPLICATION OF THE AMENDMENTS IN SECTION 20 REGARDING CONSOLIDATION OF DISPUTES, WHICH SHALL APPLY TO ANY DISPUTE(S) ARISING PRIOR TO YOUR AGREEMENT TO THE AMENDED TERMS, WHETHER OR NOT NOTICE OF SUCH DISPUTE WAS PROVIDED, OR ARBITRATION WAS INITIATED, PRIOR TO YOUR AGREEMENT TO THE AMENDED TERMS. If you do not agree to the amended Terms, you must stop using our Services.

From time to time Travel Swap introduces new features that may only be available to certain users. Provisions of these Terms of Service relating to new features may not apply to all users.

To contact Travel Swap regarding the Services or your account, please visit the (contact us page link) where we'll ask for certain information that will allow us to effectively respond to your message. Alternately, you can submit general inquiries regarding these Terms or our Services to contact@travelswapapp.com.

1. Privacy

For information about how we collect, use, share and otherwise process information about you, please see our (privacy policy link)  and (state specific privacy disclosures link).  By agreeing to these Terms, you also acknowledge that you have been provided notice of our Privacy Policy.

2. Eligibility

You must be at least 16 years of age to use our Services. If you are under 18 years of age (or the age of legal majority where you live), you may use our Services only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such user in relation to our Services.

If you are registering to use the Travel Swap Services on behalf of a legal entity, you represent and warrant that: (a) such legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization, and (b) you are authorized by such legal entity to act on its behalf.

If you use our Services on behalf of another person or entity: (a) all references to "you" throughout these Terms will include that person or entity, (b) you represent that you are authorized to accept these Terms on that person's or entity's behalf, and (c) in the event you or the person or entity violates these Terms, the person or entity agrees to be responsible to us.

Additionally, in order to use the Services, you must not: (a) have previously been suspended or removed from using the Travel Swap Service; and (b) be violating any other agreement to which you are a party by agreeing to these Terms.

3. User Accounts and Account Security

You may need to register for a Travel Swap account with Travel Swap or a payment account with Travel Swap’s Payment Provider (see section 4(B) for more information) to access some or all of our Services. If you register for any account in connection with the Services, you must provide accurate account information and promptly update this information if it changes. You also must maintain the security and confidentiality of your login credentials, and promptly notify us if you discover or suspect that someone has accessed your account without your permission. Additionally, you may only register for a Travel Swap account if you are legally permitted to, and do, live in the United States or one of its territories. We reserve the right to reclaim Travel Swap account usernames, including on behalf of businesses or individuals that hold legal claim, including trademark rights, to those usernames.

4. The Travel Swap Services

A. Posting Items, Claiming and Reserving 

The Travel Swap Services allow you to post available items by uploading pictures and providing item descriptions. You can post most items through the Services without charge. Certain listings may be eligible for optional reservation features, for example, high demand products that claimants find valuable. For more information on how and when reservation fees are charged, see below. Travel Swap is intended primarily for free peer-to-peer exchanges of items between travelers. Users may optionally utilize reservation features offered through the Services. Any independent arrangements or payments made between users outside of the Services are solely between those users. Travel Swap is not a party to such transactions in any way, does not facilitate such transactions, and cannot assist with refunds or returns related to such transactions in any manner. Since Travel Swap is not a party or involved in transactions of this nature, you acknowledge we cannot be held liable for any claims that arise out of it. Users are solely responsible for the accuracy and content of listings they post through the Services.

B. Payment Accounts

If you choose to use optional reservation features through Travel Swap, you agree to pay any applicable reservation or service fees. Travel Swap reserves the right to modify such fees at any time. Travel Swap may offer optional reservation features that allow users to temporarily reserve certain listings. Reservation fees are paid to Travel Swap solely for use of the reservation feature and do not constitute payment for the listed item itself. Travel Swap does not facilitate or process sales transactions between users for listed items. Use of reservation features does not guarantee that an exchange will be completed, that a listing will remain available, or that any item will match its description, condition, or user expectations. Use of reservation features through Travel Swap requires you to maintain an account with Travel Swap’s then-current payment processor (“Payment Provider”). Travel Swap currently uses Stripe as its Payment Provider. If you choose to use reservation features, you may be required to enroll through Stripe and agree to the applicable Stripe terms and conditions, including the Stripe Connected Account Agreement and Stripe Terms of Service (collectively, the “Stripe Services Agreement”). Travel Swap is not a party to the Stripe Services Agreement and is not responsible for payment processing services provided by Stripe. If Stripe discontinues providing services in connection with Travel Swap, you authorize Stripe to share your payment method information with an alternative Payment Provider, where permitted. Reservation fees, minus any applicable processing or service fees, are generally retained by Travel Swap and are not refundable except where required by law or determined by Travel Swap in its sole discretion. Travel Swap may, but is not obligated to, issue credits or refunds in situations involving technical errors, duplicate listings, fraud, misuse of the platform, or violations of these Terms.

5. User Consent

Our Services allow you and other users to create, post, store and share content, including but not limited to messages, text, photos, graphics, videos, software, code, company logo or marks, job descriptions, and other materials (collectively, "User Content"). Except for the license you grant below, you retain all rights in and to your User Content, as between you and Travel Swap.

You grant Travel Swap a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully paid, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your User Content and any name, username or likeness provided in connection with your User Content in all media formats and channels now known or later developed without compensation to you. The use of your or any other user's name, likeness, or identity in connection with the Travel Swap Services does not imply any endorsement thereof unless explicitly stated otherwise. When you post or otherwise share User Content on or through our Services, you understand that your User Content and any associated information (such as your username or profile photo) may be visible to others. Travel Swap uses third parties, like Plaid, to provide services such as user verification and the Travel Swap Payment Solution. When You provide User Content in connection with these third party tools, You may be sharing User Content with these third parties.

You may not create, post, store or share any User Content that violates these Terms or for which you do not have all the rights necessary to grant us the license described above. You represent and warrant that your User Content, and our use of such content as permitted by these Terms, will not violate any rights of or cause injury to any person or entity. You will not (and will not allow or authorize any third-party to) post, upload to, transmit, distribute, store, create, solicit, disclose, or otherwise publish through the Travel Swap Services any User Content that:

• Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, or inflammatory;

• Visit our website or use our Services with the intention, in whole or in part, of establishing a basis for asserting a lawsuit or claim in arbitration against us;

• Is fraudulent, misleading or false, may encourage deceptive activity, or would otherwise constitute as duplicitous behavior;

• Is, in Travel Swap’s judgment, disrespectful, inappropriate, or may expose Travel Swap, our users or others to harm or liability;

• May infringe the patent, trademark, trade secret, copyright, intellectual, privacy or proprietary right of any party;

• Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;

• Includes any statements or claims that do not reflect your honest views and experiences;

• Contains any unsolicited marketing promotions, political campaigning, advertising, or solicitations;

• Contains any private information of any third parties, including addresses, phone numbers and payment card information; or

• Contain viruses, corrupted data or other harmful, disruptive, or destructive files.

Travel Swap assumes no responsibility to actively monitor User Content and does not endorse any User Content. Although Travel Swap has no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason at our sole discretion.

6. Prohibited Conduct

You will not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort while using our Services, and you are solely responsible for your conduct while using our Services. Without limiting the forgoing, you will not:

• Use our Services other than for their intended purpose and in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services or any networks connected to our Services in any manner;

• Engage in any harassing, threatening, intimidating, predatory or stalking conduct;

• Use the Services to engage in spam, harassment, fraudulent activity, or attempts to circumvent Travel Swap’s platform functionality or policies;

• Sell, resell or commercially use the Travel Swap Services except as expressly permitted by us;

• Offer, list, exchange or solicit any items or conduct that violates Travel Swap’s Prohibited Items Guidelines, which are incorporated into these Terms by reference and may be updated or modified periodically, available at Prohibited Items Guidelines;

• Offer or post items or content that is fraudulent, misleading, or deceptive;

• Send, distribute or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes;

• Provide false, inaccurate or misleading information to Travel Swap or our service providers, including when registering for a Travel Swap account, verifying identity through Plaid or using the Travel Swap Payment Solution;

• Impersonate or post on behalf of any person or entity or otherwise misrepresent your affiliation with a person or entity;

• Use, or attempt to use, any form of gift certificate or cryptocurrency as payment for any item listed or offered on the Travel Swap Platform;

• Copy, reproduce, distribute, publicly perform or publicly display all or portions of our Services, including our underlying content and source code, except as expressly permitted by us or our licensors;

• Modify our Services, remove any proprietary rights notices or markings, obscure or disable any advertisements that appear on or through the Services, or otherwise make any derivative works based upon our Services;

• Reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services;

• Develop or use any third-party applications that interact with the Travel Swap Services without Travel Swap’s prior written consent;

• Intentionally attempting to bypass a paywall established by Travel Swap that's presented after reaching a posting limit;

• Use any type of automated means to utilize the Travel Swap Services or to collect or extract data from Travel Swap, such as a harvesting bot, robot, spider, script, crawler, or scraper, not provided by Travel Swap; or

• Use the Travel Swap Services to infringe or violate the intellectual property rights or any other rights of anyone else (including Travel Swap).

You will establish and use your Travel Swap account only in accordance with any guidelines issued by Travel Swap. Without limiting the forgoing, you will not:

• Create more than one account;

• Transfer your account to another user;

• Attempt to obtain the password, account information, or other security information of another user; or

• Attempt to use another user's account without authorization from that user and Travel Swap.

If you engage in any of the conduct described above or similar conduct, Travel Swap may suspend or terminate your right to access the Services. Enforcement of this Section 6 is solely at Travel Swap’s discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances. In addition, this Section 6 does not create any private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules.

7. Ownership; Limited License

The Services, including the text, graphics, images, photographs, videos, illustrations and other content contained therein, are owned by Travel Swap or our licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Services are reserved by us or our licensors. Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license ("License") to access and use our Services.

8. Suspension; Termination

Travel Swap may revoke or terminate your License to access or use the Travel Swap Services for any reason without notice at Travel Swap’s sole discretion. Without limiting the generality of the foregoing, we may revoke or terminate the License if you: (i) breach any obligation in these Terms or in any other agreement between you and us, (ii) violate any policy or guideline applicable to the Travel Swap Services, or any other Travel Swap product or service, or (iii) use the Travel Swap Services other than as specifically authorized in these Terms, without our prior written permission. You will stop accessing or using the Travel Swap Services immediately if Travel Swap suspends or terminates your License to access or use the Travel Swap Services. Travel Swap reserves the right, but does not undertake any duty, to take appropriate legal action including the pursuit of civil, criminal, or injunctive redress against you for continuing to use the Travel Swap Services during suspension or after termination. Travel Swap may recover its reasonable attorneys' fees and court costs from you for such action. These Terms will remain enforceable against you while your License to access or use the Travel Swap Services is suspended and after it is terminated.

9. Trademarks

Travel Swap is a registered trademark of Travel Swap, LLC and may not be copied, imitated or used, in whole or in part, without our express prior written permission. In addition, our products or service names, slogans, the look and feel of our websites and app, including all page headers, custom graphics, button icons and scripts, are our service marks, trademarks, and/or trade dress and may not be copied, imitated or used, in whole or in part, without our express prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Travel Swap Services are the property of their respective owners. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.

10. Feedback

You may voluntarily post, submit or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials or other information about Travel Swap or our Services (collectively, "Feedback"). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including, without limitation, to develop, copy, publish, or improve the Travel Swap Services by using the Feedback in Travel Swap’s sole discretion. You understand that Travel Swap may treat Feedback as nonconfidential.

11. Copyright & Intellectual Property Complaints

You may report alleged intellectual property rights violations or counterfeit items to Travel Swap through our Intellectual Property Report Form.

Furthermore, in accordance with the Digital Millennium Copyright Act and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, the accounts of users who repeatedly infringe the intellectual property rights of others. If you believe that anything on our Services infringes any copyright that you own or control, you may notify Travel Swap’s designated agent as follows:

Designated Agent: Travel Swap Copyright Agent
Address: 243 High St
Suite B
Wrightstown, WI 54180
E-Mail Address: contact@travelswapapp.com

Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. Also, please note that if you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable to Travel Swap for certain costs and damages.

12. Third-Party Materials and Content

A. Third-Party Materials

Certain elements of the Travel Swap Services may include or be presented through third-party partners, providers, advertisers, or service integrations, including but not limited to payment processors, identity verification providers, mapping or location services, analytics providers, travel-related offers, sponsored content, or other third-party materials (“Third-Party Materials”). These Third-Party Materials are beyond Travel Swap’s control, but their operation may impact, or be impacted by, the use and reliability of our Services. You acknowledge that these Third-Party Materials may not operate reliably 100% of the time, which may impact the way that our Services operate. Travel Swap has no obligation to monitor Third-Party Materials, and Travel Swap may block or disable access to any Third-Party Materials (in whole or in part) through our Services at any time. Your dealing or correspondence with third parties and your use of or interaction with any Third-Party Materials are solely between you and the third party.

B. Third-Party Content

We may provide information about third-party products, services, activities or events, or we may allow third parties to make their content and information available on or through the Services (collectively, "Third-Party Content"). We provide Third-Party Content as a service to those interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party. Travel Swap does not control or endorse, and makes no representations or warranties regarding, any Third-Party Content, and your access to and use of such Third-Party Content is at your own risk.

C. No Liability for Third-Party Content or Materials

Your access to and use of Third-Party Content or Third-Party Materials may be subject to additional terms, conditions, and policies applicable to such Third-Party Content or Third-Party Materials (including terms of service or privacy policies of the providers of such Third-Party Materials). To engage with third-party partners, you may be taken outside of the Services to engage with the third-party partner directly. In such cases, you will become subject to their respective terms and conditions and privacy policies. Travel Swap is not responsible for the content, information, products, or services provided by third party partners through Third-Party Materials or Third-Party Content, and you agree that Travel Swap has no liability arising from your access to or use of Third-Party Materials or Third-Party Content. You agree not to assert against Travel Swap any claims related to the third-party partner, Third-Party Materials or Third-Party Content, and acknowledge that the assumption of risk outlined in Section 16 below also applies to third-party partners or any individuals that you may encounter when using Third-Party Materials or Third-Party Content. You also agree that your indemnification obligations outlined in Section 13 below extend to any Claims (defined below) arising out of or relating to your access to or use of Third-Party Materials or Third-Party Content.

13. Indemnification

To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Travel Swap and its affiliates, officers, directors, employees, agents, and service providers (“Travel Swap Parties”) from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to:

(a) your access to or use of the Services;
(b) any items you list, offer, exchange, or receive through the Services, including consumable goods, personal property, or other materials;
(c) your interactions, communications, or agreements with other users, including in-person meetups and exchanges;
(d) your violation of these Terms or applicable law;
(e) your negligence, fraud, or willful misconduct; or
(f) any content or information you submit, post, or transmit through the Services.

You agree that Travel Swap has no control over and no responsibility for the actions, omissions, or conduct of users, including during any in-person exchange, meetup, or transfer of items arranged through the Services.

Travel Swap reserves the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification under this Section. You agree to cooperate with Travel Swap’s defense of such claims.

This indemnification obligation will survive termination of your account and use of the Services.

 

14. Disclaimers

1. Your use of our Services is at your sole risk. Except as otherwise provided in a writing by us, our Services and any content therein are provided "as is" and "as available" without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, Travel Swap does not represent or warrant that our Services are accurate, complete, reliable, current or error-free or that our Services are free of viruses or other harmful components. Travel Swap does not guarantee that listings, item descriptions, photographs, availability, user information, communications, or other content provided through the Services are accurate, complete, current, reliable, or safe. You assume the entire risk as to the quality and performance of the Services.

2. Travel Swap may allow users to list or exchange consumable goods, including but not limited to food, beverages, personal care products, household products, supplements, and other ingestible or topical items. Users exchange consumable goods at their own discretion.

3. Travel Swap does not manufacture, inspect, store, verify, test, certify, or guarantee the safety, quality, condition, legality, authenticity, ingredients, expiration status, storage conditions, or suitability of any consumable goods exchanged through the platform.

4. Users assume all risks associated with accepting, consuming, using, or distributing consumable goods obtained through the platform, including but not limited to risks of illness, allergic reactions, contamination, spoilage, mislabeling, defects, recalls, or adverse health effects.

5. By using the platform, users acknowledge that any exchange or use of consumable goods is solely at their own risk. To the fullest extent permitted by applicable law, Travel Swap disclaims liability for any injury, illness, loss, damage, or claim arising from or related to consumable goods exchanged through the platform.

15. Limitation of Liability

To the fullest extent permitted by applicable law, Travel Swap and the other Travel Swap Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, warranty, or otherwise—for any indirect, consequential, incidental, or special damages or lost profits, even if Travel Swap or the other Travel Swap Parties have been advised of the possibility of such damages.

The total liability of Travel Swap and the other Travel Swap Parties for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to the greater of $100 or the amount paid by you to Travel Swap in the 12 months preceding the event that gave rise to the claim.

The limitations set forth in this Section 15 will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of Travel Swap or the other Travel Swap Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

16. Assumption of Risk

A. YOU ACKNOWLEDGE AND AGREE THAT THERE ARE RISKS ASSOCIATED WITH UTILIZING AN INTERNET-BASED PEER-TO-PEER EXCHANGE PLATFORM AND INTERACTING WITH OTHER USERS IN PERSON. WE DO NOT INVESTIGATE OR VERIFY ANY USER'S REPUTATION, CONDUCT, MORALITY, CRIMINAL BACKGROUND, OR ANY INFORMATION USERS MAY SUBMIT TO THE SERVICES (OTHER THAN IN CONNECTION WITH THE IDENTITY VERIFICATION FEATURE DESCRIBED IN SECTION 5). YOU ARE SOLELY RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS WHEN INTERACTING WITH OTHER USERS, PARTICULARLY WHEN MEETING A STRANGER IN PERSON FOR THE FIRST TIME. IT IS POSSIBLE THAT OTHER USERS MAY ATTEMPT TO PHYSICALLY HARM OR DEFRAUD YOU OR OBTAIN INFORMATION FROM YOU FOR FRAUDULENT PURPOSES. YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISKS RELATED TO, GIVING AND RECEIVING THROUGH TRAVEL SWAP’S SERVICES (INCLUDING ALL ONLINE AND OFFLINE INTERACTIONS WITH OTHER USERS).

B. TRAVEL SWAP MAY ALLOW USERS TO COORDINATE IN-PERSON EXCHANGES OF ITEMS THROUGH THE PLATFORM. USERS ARE SOLELY RESPONSIBLE FOR SELECTING THE TIME, PLACE, AND MANNER OF ANY EXCHANGE AND ASSUME ALL RISKS ASSOCIATED WITH MEETING OTHER USERS OR EXCHANGING ITEMS. TRAVEL SWAP DOES NOT ORGANIZE, SUPERVISE, VERIFY, MONITOR OR GUARANTEE THE SAFETY, SUITABILITY, LEGALITY, ACCESSIBILITY, OR CONDITION OF ANY MEETUP LOCATION, INCLUDING BUT NOT LIMITED TO HOTELS, RESORTS, VACATION PROPERTIES, AIRPORTS, TRANSPORTATION HUBS, PARKING AREAS, RETAIL LOCATIONS, PUBLIC SPACES OR OTHER THIRD-PARTY PREMISES. UNLESS EXPRESSLY STATED OTHERWISE, TRAVEL SWAP IS NOT AFFILIATED WITH, ENDORSED BY, SPONSORED BY OR OPERATED IN PARTNERSHIP WITH ANY HOTEL, RESORT, VACATION PROPERTY, TRANSPORTATION PROVIDER, OR THIRD-PARTY VENUE WHERE USERS MAY ARRANGE EXCHANGES THROUGH THE SERVICES. USERS ARE SOLELY RESPONSIBLE FOR COMPLYING WITH ANY RULES, POLICIES, RESTRICTIONS, OR PROPERTY REQUIREMENTS APPLICABLE TO SUCH LOCATIONS. USERS ARE ENCOURAGED TO EXERCISE REASONABLE JUDGMENT WHEN ARRANGING EXCHANGES, INCLUDING SELECTING PUBLIC, WELL-TRAFFICKED LOCATIONS WHERE APPROPRIATE. ANY DISPUTES, INJURIES, LOSSES, THEFT, DAMAGE, OR OTHER CLAIMS ARISING OUT OF OR RELATING TO IN-PERSON EXCHANGES OR MEETUP ARRANGEMENTS REMAIN SOLELY BETWEEN THE PARTICIPATING USERS AND ARE SUBJECT TO THE LIMITATIONS, DISCLAIMERS, AND LIABILITY PROVISIONS CONTAINED IN SECTIONS 15-18 OF THESE TERMS.  

17. Release

To the fullest extent permitted by applicable law, you release Travel Swap and the other Travel Swap Parties from responsibility, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. If you are a consumer who resides in California, you hereby waive your rights under California Civil Code § 1542, which provides: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."

18. Transfer and Processing Data

In order for us to provide our Services, you agree that we may process, transfer and store information about you in the United States and other countries, where you may not have the same rights and protections as you do under local law.

19. Guidelines for Law Enforcement Agency

If you are a law enforcement agency, we may work with you to assist in on-going matters related to alleged violations of the law, please visit this page for more information.

20. Dispute Resolution and Arbitration Agreement

Please read this Section carefully. It requires you to resolve most disputes with Travel Swap through binding arbitration on an individual basis and limits the manner in which you may seek relief. This Section includes a waiver of jury trial and class or representative actions. You may opt out of arbitration as described below.

20.1 Informal Resolution First

Before initiating arbitration or any court proceeding, you and Travel Swap agree to first attempt to resolve any dispute informally. You must send a written notice describing your claim to contact@travelswapapp.com or by certified mail to Travel Swap LLC, Attn: Legal, 243 High St, STE B, Wrightstown, WI 54180.

The notice must include:

• your name, email address, phone number, and mailing address

• your Travel Swap username (if applicable)

• a description of the dispute and relevant listing or exchange

• the specific relief requested

Travel Swap will use reasonable efforts to respond and attempt to resolve the dispute within 30 days.

20.2 Agreement to Arbitrate

Except for disputes that qualify for small claims court or requests for injunctive relief involving intellectual property, you and Travel Swap agree that any dispute arising out of or relating to these Terms or the Services will be resolved by binding individual arbitration instead of in court.

You and Travel Swap waive the right to a jury trial and agree that disputes will be resolved only on an individual basis, not as part of a class, consolidated, or representative action.

20.3 Arbitration Provider and Rules

Arbitration will be administered by a nationally recognized arbitration provider, including JAMS or the American Arbitration Association, under their applicable consumer arbitration rules, as selected by Travel Swap.

The arbitration will be conducted by a single neutral arbitrator. For disputes under $10,000, arbitration may be conducted by phone or video conference unless the arbitrator requires otherwise.

20.4 Location and Convenience

For users, arbitration may be held at the arbitration provider’s office nearest your residence or conducted remotely. If no remote option is used, arbitration will take place in Brown County, Wisconsin, unless otherwise required by applicable consumer law.

20.5 Fees and Costs

For consumer disputes, Travel Swap will pay arbitration fees and costs that exceed the filing fee, except where the arbitrator determines a claim is frivolous or brought for an improper purpose. Each party will otherwise bear its own attorney’s fees unless the arbitrator awards otherwise under applicable law.

20.6 No Class or Representative Actions

Disputes must be brought only in an individual capacity and not as a plaintiff or class member in any class, collective, or representative proceeding. The arbitrator may not consolidate claims unless both parties agree.

20.7 Arbitration Authority

The arbitrator has exclusive authority to resolve disputes, including questions of arbitrability, and may award any relief available in court, subject to the limitations of these Terms.

20.8 Confidentiality

Arbitration proceedings will be confidential to the extent permitted by law, except as necessary to enforce or challenge an arbitration award or as otherwise required by law.

20.9 Time Limit to Bring Claims

Any claim arising out of or related to these Terms or the Services must be filed within one (1) year after the claim arises, or it is permanently barred.

20.10 Opt-Out Right

You may opt out of this arbitration agreement within 30 days of first accepting these Terms by emailing contact@travelswapapp.com with your full name, account email, and a clear statement that you wish to opt out of arbitration. If you opt out, disputes will be resolved in court under Section 21.

20.11 Severability

If any part of this Section is found unenforceable, the remaining provisions will remain in effect. If class-wide relief provisions are found unenforceable, claims must proceed in court only after individual arbitration is completed, to the extent permitted by law.

This Section will be interpreted and enforced in accordance with the Federal Arbitration Act.

21. Governing Law and Venue

Any dispute arising from these Terms and your use of the Services will be governed by and construed and enforced in accordance with the laws of Wisconsin, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of Wisconsin or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of Wisconsin and the United States, respectively, sitting in Brown County, Wisconsin.

22. Modifying and Terminating our Services

We reserve the right to modify our Services or to suspend or stop providing all or portions of our Services at any time. You also have the right to stop using our Services at any time. We are not responsible for any loss or harm related to your inability to access or use our Services.

23. Miscellaneous

If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

The failure of Travel Swap to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically. Travel Swap is an independent contractor for all purposes and is not your agent or trustee. You are not an agent of Travel Swap.