The following describes the terms on which Dig N Swap offers you access to our services.

Introduction
By using the services of Dig N Swap, you are agreeing to the following terms. If you have any questions, please refer to the Help section on the Sites. Before you may become a member of Dig N Swap, you must read and accept all of the terms and conditions in this User Agreement and the Privacy Policy. This Agreement is effective on February 1st, 2007, for current users, and upon acceptance for new users.

Using Dig N Swap
While using the Sites, you will not:
• Ship any items unless they are DRY CLEANED and in good condition*
• Delay shipping of items beyond 48 hours after the completion of the trade (bid acceptance)
• To the best of your knowledge trade any counterfeit merchandise, in the case of a dispute, a user may request the return of any merchandise they shipped you as part of a trade for the mentioned counterfeit item.
• Post content or items in an inappropriate category or areas on the Sites;
• Violate any laws, third party rights, or our policies such as the Prohibited and Restricted Items policies;
• Use the Sites if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from our Sites; • Fail to ship items traded by you, unless the trading partner has materially changed the item's description after you bid, a clear typographical error is made, or you cannot authenticate the trader’s identity including shipping address;
• Circumvent or manipulate our fee structure, the billing process, or fees owed to Dig N Swap;
• Post false, inaccurate, misleading, defamatory, or libelous content or items (including personal information);
• Take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of the Sites or for using it for purposes unrelated to Dig N Swap);
• Transfer your Dig N Swap account (including feedback) and User ID to another party without our consent;
• Distribute or post spam, chain letters, or pyramid schemes;
• Distribute viruses or any other technologies that may harm Dig N Swap, or the interests or property of Dig N Swap users;
• Copy, modify, or distribute content from the Sites and Dig N Swap’s copyrights and trademarks; or
• Harvest or otherwise collect information about users, including email addresses, without their consent.

* Good condition is described as an item in its original sale condition with some wear and tear, in the case of a dispute.

Abusing Dig N Swap
“Dig N Swap” and the Community work together to keep the Sites working properly and the Community safe. Please report problems, offensive content, and policy violations to us.
Without limiting other remedies, we may limit, suspend, or terminate our service and user accounts, prohibit access to our website, remove hosted content, and take technical and legal steps to keep users off the Sites if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts.

Fees
Joining “Dig N Swap” and bidding on listed items is free. We do however charge fees for actual trades. Users purchase "Swap Credits" in advance, each credit is valid for one trade. The cost of a credit has not been determined though we expect it to be between 1-2 U.S. Dollars. We reserve the right to change and add fees.
Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees associated with the Sites in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel.)

Refunds/Cancellation
Transaction fee refunds may be issued in the following two cases and only on these two cases:
a. user does not receive the item (Dig N Swap will rely on the Delivery Confirmation number to confirm delivery, unless the item was not shipped at all)
b. both users involved in the trade decide that they no longer want to go ahead with the transaction after accepting the trade and prior to shipping the items

Account Security
Your account is secured by our requirement that you must provide your password to access your account data. You must therefore protect your password from theft by another person, since use of your password constitutes authorization by you to Dig N Swap to exchange items according to your instructions.

Governing Law
This Service is governed by the laws of the State of California. Users agree that any dispute or claim will be settled by binding arbitration in Los Angeles, CA, under the Commercial Arbitration Rules of the American Arbitration Association.

Content License
When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future. (We need these rights to host and display your content.)

Liability
You will not hold Dig N Swap responsible for other users' actions or inactions, including things they post. You acknowledge that we are not a traditional auctioneer. Instead, the Sites are a venue to allow anyone to offer, and trade just about anything, at anytime, from anywhere. We are not involved in the actual transaction between buyers and sellers. We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of listings, the ability of traders to trade the items, or their ability to ship the items, or that either traders actually complete a transaction.

We do not transfer legal ownership of items from one trader to the, and nothing in this agreement shall modify the governing provisions of California Commercial Code § 2401(2) and Uniform Commercial Code § 2-401(2), under which legal ownership of an item is transferred upon physical delivery of the item to the buyer by the seller. Unless the buyer and the seller agree otherwise, the buyer will become the item's lawful owner upon physical receipt of the item from the seller, in accordance with California Commercial Code § 2401(2) and Uniform Commercial Code § 2-401(2) (please note that in this case, both involved parties are sellers and buyers, a direct exchange of ownership is thus occurring). Further, we cannot guarantee continuous or secure access to our services, and operation of the Sites may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of our Sites. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

Regardless of the previous paragraph, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total fees you paid to us in the 12 months prior to the action giving rise to the liability, and (b) $50.

Release
If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

Credit Card Authorization
Members hereby authorize Dig N Swap to obtain an initial credit authorization from Member's credit card issuer at time of activation.

Access and Interference
Much of the information on the Sites is updated on a real-time basis and is proprietary or is licensed to Dig N Swap by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Sites for any purpose without our express written permission.
Additionally, you agree that you will not:
• Take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
• Copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for Your Information) from the Sites without the prior expressed written permission of Dig N Swap and the appropriate third party, as applicable;
• Interfere or attempt to interfere with the proper working of the Sites or any activities conducted on the Sites; or

Privacy
We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in the Dig N Swap Privacy Policy. We view protection of users' privacy as a very important community principle. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. You can access and modify the information you provide us and choose not to receive certain communications by signing-in to your account. We use third parties to verify and certify our privacy principles. For a complete description of how we use and protect your personal information, see the Dig N Swap Privacy Policy.. If you object to your Information being transferred or used in this way please do not use our services.

Indemnity
You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures 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 your violation of any law or the rights of a third party.

No Agency
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

Notices
Except as explicitly stated otherwise, legal notices shall be served on Dig N Swap's national registered agent or to the email address you provide to Dig N Swap during the registration process. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.

Resolution of Disputes
If a dispute arises between you and Dig N Swap, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
• Law and Forum for Disputes - This Agreement shall be governed in all respects by the laws of the State of California as they apply to agreements entered into and to be performed entirely within California between California residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Dig N Swap must be resolved by a court located in Los Angeles County, California, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within Los Angeles County, California for the purpose of litigating all such claims or disputes.
• Arbitration Option - For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
• Improperly Filed Claims - All claims you bring against Dig N Swap must be resolved in accordance with this Resolution of Disputes Section. All claims filed or brought contrary to the Resolution of Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Resolution of Disputes Section, Dig N Swap may recover attorneys' fees and costs up to $1000, provided that Dig N Swap has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

Outage Policy
Dig N Swap’s highest priority is its members’ trading success. However, the Dig N Swap site occasionally experiences outages during which bidders cannot place bids or effectively locate items via our Dig function. During these periods, Dig N Swap will not provide any compensation for the outage.