User Agreement
The following describes the terms in which Swapen offers you access to our services.
Definitions:
User/Member/You- Non-Member of Swapen, Merchant, Sellers, Buyer, Affiliate, Advertiser on Swapen
Third party Payment Service(s)- PayPal Checkout and Amazon Payments
Buyer - A Merchant is an entity that can purchase items from Wholesalers.
Owner:
Wholesaler - An owner of a wholesale business that sells large quantities to Merchants on Swapen in exchange for funds.
Listing: When a member creates a listing they are offering the product and or service under the For sale Section
Posting: When a member creates a posting they are offering the product and or service under the Classified section.

Introduction
Welcome to Swapen.com. By using the services on the Swapen website you are agreeing to the following terms, including those available by hyperlink, within Swapen.com and the general principles for the websites. If you reside outside of the United States, you are contracting with Swapen.com. If you have any questions, please refer to our Help section.
Before you may become a member of Swapen, you must read and accept all of the terms and conditions in, and linked to, this User Agreement and the Privacy Policy. We strongly recommend that, as you read this User Agreement, you also access and read the linked information. By accepting this User Agreement, you also agree that your use of some Swapen-branded websites or websites we operate may be governed by separate user agreements and privacy policies. The agreement that applies on any of our domains and sub-domains is always the agreement that appears in the footer of each website.
This Agreement is effective on June 06, 2012, for current users, and upon acceptance for new users.
Using Swapen
While using Swapen, you will not:

• Post, and list content or items in an inappropriate category or areas on our sites and services;
• violate any laws, third party rights, or our policies such as the Prohibited and Restricted Items policies;
• use our sites or services 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 deliver items purchased from you, unless the Buyer fails to meet the post or listed terms, or you cannot authenticate the Buyers identity;
• manipulate the price of any item or interfere with other user's listings;
• circumvent or manipulate our fee structure, the billing process, or fees owed to Swapen;
• post or list  false, inaccurate, misleading, defamatory, or libelous content (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 using it for purposes unrelated to Swapen);
• transfer your Swapen account (including feedback) and User ID to another party without our consent;
• distribute, post or list , or list spam, sex related,  fraud, criminal schemes, chain letters, pyramid schemes, or any illegal activity;
• distribute viruses or any other technologies that may harm Swapen, or the interests or property of Swapen users;
• copy, modify, or distribute content from the Sites and Swapen's copyrights and trademarks; or
• harvest or otherwise collect information about users, including email addresses, without their consent.

Abusing Swapen
Swapen along with our community work together, to keep our sites and services working properly and safe for all users. Please report problems, offensive content, and policy violations to us at Support@Swapen.com.
Swapen wants to ensure that listed and posted items do not infringe upon the copyright, trademark or other rights of third parties. If you believe that your rights have been violated, please notify us.
Without limiting other remedies, we may limit, suspend or terminate our service and user accounts, prohibit access to our website, delay or 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 or accounts that have been inactive for a long time.
Registering and Editing Personal Information
All members registering on Swapen acknowledge that the information they provide is 100% accurate. If members find the information to be inaccurate they can always make changes within My Account by editing all available fields. In case of a dispute Swapen will need to get in contact with the member in the following ways: send messages, emails, calling, and mailing a letter. If the information is not accurate or if we can't reach you, Swapen may close your member account permanently. Swapen is not liable for checking your information and making sure that you are accurate, that is your job. As a member you are liable for making sure that you create a safe username and password with all recommended protections such as not sharing your account information with anyone else, not creating a username and password using personal information, using numbers, symbols, and changing your password every month for more security. At any point of time you are able to change your password within My Login Info along with the secret question for easy retrieval if you have forgotten your password.  Your username however may never be changed, but you may open a new account if your current account is in good standing.
Payment Accounts
Users on Swapen must create accounts with our third party payment service, to either make payments and or receive payments. These services are not handled by Swapen and therefore Swapen has no control for rendering an accurate and safe transaction. Swapen charges fees separately from the ones the third party payment service per transaction and does not provide the fee structure; it is your responsibility to be on top of any changes fee structure for each third party service provider. In order to receive payments the owner must create a business account with our third party payment service. Please make sure before signing up with Swapen to read Amazon's and PayPal's agreement. The responsibility falls on the user of Swapen to keep up to date awareness of updates by the third party payment service, therefore Swapen is not liable for any changes made by the third party service providers.
Affiliates
Affiliates are members who are registered and advertise Swapen on their websites in exchange for referral commission. Swapen will provide all of the necessary material to the advertiser to display on their website. Commission is based on a hierarchy by which it will be paid out.
Swapen may evaluate each potential affiliate and at any point of time cancel the affiliate membership do to fraud, false advertisement, using images or text other than provided, and illegal usage by the law governed in the United States. As users may know Swapen cannot catch all affiliates who violate our user agreement or the law of United States, and therefore Swapen will note be liable for any damages as a result of actions by affiliates. Affiliates outside of the United States our governed by different law and regulations and Swapen cannot be aware of each and every one, and therefore cannot be held liable.
Classifieds, Jobs, Real Estate, and Rent
Classified postings are free for members. Postings are voluntarily created by users to reach an audience for a specific reason, either for sale of goods and or services. Once the post is created an expressed contract has been made with Swapen and users that the post contents are 100% accurate. Classified owners are allowed at any point of time to edit the post if a mistake has been made. The responsibility falls on the classified owner; this is not the job of Swapen and therefore Swapen is not liable for mistakes, and or false advertisement made by users who have created the post and Swapen is released from any damages that the owner of the post may incur as a result.
Users who take part in communicating, bargaining, calling, sending resumes to the owner, and any other interaction from classified post, agree that Swapen has no authority for the offers made implied or expressed on and off the website. Therefore Swapen is not liable for promises not kept by the classified owner or the ad applier.
If Local Pick-up is chosen by the owner when they are creating a classified post we encourage for them to choose a safe and public location where they can exchange goods or services. Since this is a voluntary service, classified owners are not forced to use local pick-up, and therefore Swapen is in no way liable for damages that may occur before, during, or after the transaction.
User accounts may be closed at any point of time due to infractions that are caused by false advertisement, misleading ad viewers, spam, sexual ads, fraud, criminal intention, and any special cases not mentioned that may be illegal.  As you may know Swapen will monitor as many posts as possible to make sure that fraud doesn't occur, but we can't catch all occurrences. Therefore we ask our community members to report us detailed information when they see suspicious ads.
Local Pick-Up
If Local Pick-up is chosen by the owner when they are creating a listing we encourage for them to choose a safe and public location where they can exchange goods or services. Since this is a voluntary service that the owner selects, another option is shipping the item or remotely providing a service.  Therefore Swapen is in no way liable for damages that may occur before, during, or after the transaction.
Posting Images
Images that are listed cannot misrepresent the product you are selling to the Buyer, nor can you copy one from a current Owner. Misrepresenting a product can have a negative effect on your account with possibility of closure, liability to the Sellers, copyright issues with rightful Owners.
Product Listing
Product listings on Swapen are free to our members. Wholesalers will have a mass upload using the csv file. Please make sure that you are entering the correct data and make sure you edit after every upload for completion. Listings are voluntarily created by users to reach an audience for a specific reason, either for sale of goods and or services. Listing of products and or services by the owner can only reside within the Unites States. The address of your business will be displayed on every listing within the search description result page for each product and within your Sellers store.  It is up to the Wholesaler to contact Swapen immediately and let us know that you would like for your business address to be taken off. Swapen is not responsible for making sure every business owner is personally asked if they want to display their business address, it up to the owner to notify Swapen. Once the listing is created an expressed contract has been formed with Swapen and users, that the content is 100% accurate. Owners are allowed at any point of time to edit the listing if a mistake has been made. Each owner that lists a product or service for sale to the Swapen community is responsible to make sure that the product or service hasn't been recalled by the government of the United States. Swapen is not responsible for negligence that is made by the owner of the listing. Users who take part in communicating, bargaining, calling, sending offers to the owner of the listing agree that Swapen has no authority over the implied or expressed agreements that are made on the website or off the website. Therefore Swapen is not liable for promises not kept or any damages made by the Owner or listing viewer.
Search Results
Search results that appear on Swapen are completely random and do not in any way promote specific products of owners or Swapen. Swapen reserves the right at any point of time to change its policy by adding features for extra fees to the search results.
Offers Toward Wanted Lists
Buyers have an option they may choose to create wanted lists and owners will send offers towards the products listed. Each wanted item can be edited at any time. Owners may include products they are selling within the offer and are bound to the exact product shown along with price offered to the buyer. The buyer will receive offers via message/email. Swapen does not have a bargaining system to keep track of offers and agreements therefore if an Owner sends a link with the incorrect price to the buyer; it is the liability of the Owner, not Swapen. Therefore any discrepancies made by the Owner are the doing of oneself and you as the owner release Swapen from any liability as a result.
Offers and Appliers towards Wanted Posts
Offers and Appliers towards wanted postings that are made on our site or off site are not enforced by Swapen.  Users who take part in communicating, bargaining, calling, sending offers to the ad applier, and any other interaction from Classifieds wanted posts, agree that Swapen has no authority for the offers made implied or expressed on and off the website. Therefore Swapen is not liable for promises not kept by the Classified's Owner or the post applier.
Listing Images
Images that are listed cannot misrepresent the product you are selling to the Buyer, nor can you copy one from a current Owner. Misrepresenting a product can have a negative effect on your account with closure of account, liability to the Sellers, copyright issues with rightful Owners.
Free Gift
Free gift with purchase is an option that the owner of the listing can provide to the users. Swapen will never force or require the free gift with purchase to be part of the listing.
Users' account may be closed at any point of time due to infractions that are caused by false advertisement, misleading viewers, spam, sexual intention, fraud, criminal intention, and any cases that are not mentioned that are illegal.  As you may know Swapen will monitor as many listings as possible to make sure that fraud doesn't occur, but we can't catch all occurrences. Therefore we ask our community members to report to us detailed information when they see suspicious listings.
Shipping
Before shipping the item it is the sole responsibility of the owner, to make sure that the payment has been received before shipping the item. The owner releases Swapen from any wrong doing for shipment of products for which the funds were not received, by you the owner. Shipping is optional and the owner has a 2 day turn around to send once the item and or service has been purchased.  The owner has a variety of delivery options provided in the product listing. Once a specific shipping option has been chosen the fulfillment has to be met by the owner of the listing. The shipping price is not an approximation that the owner of the listing makes. The price for shipping is an expressed obligation to the user when the purchase has been made. Swapen is not responsible for negligence of the owner of the listing, due to typos, miscalculations, or any errors. Free shipping is an option that can be offered by the owner of the product and or service and is never forced by Swapen. Swapen is in no way responsible for the negligence of the owner if they select free shipping.
Each user on Swapen agrees that at any point of time Swapen can change their agreement and policies and start charging listing fees, images fees, closing fees and any special service we may provide. Before the fees are enforced throughout the website Swapen will update its policy and agreements. Swapen will notify all members via message and email within 30 days before they are in affect.
Members with Inventories going on Vacation
Swapen has a Vacation feature for all Owners who need to keep their inventory in tacked while they are away on a vacation or any other matter keeping them from checking in on the products sold. Swapen is not responsible for making sure that the vacation feature works 100% of the time. Owners will need to check their inventory status to make sure that the vacation feature is on and it works properly. This is an optional feature and Swapen will not be liable for misfortunes that occur.
Each user on Swapen agrees that at any point of time Swapen can change their agreement and policies and start charging listing fees, images fees, closing fees and any special service we may provide. Before the fees are enforced throughout the website Swapen will update its policy and agreements. Swapen will notify all members via message and email within 30 days before they are in affect.
Taxes
State taxes are not collected by Swapen and therefore are not enforced by us. It is solely the responsibility of the Owner to research and find out if they should charge a state tax. Any tax fraud may cause your account to be closed and other legal matters.
Swapen Store
Swapen store is owned and operated by Swapen.com. All of the products are authentic and sold within the United States. Swapen store will not limit the products that are sold by quantity or price.  Swapen at its own discretion can sell any product to any user, except items on Prohibited and Restricted Items list. Swapen store product conditions may include but are not limited to: New, Used, Refurbished etc. If you are not satisfied with the order please contact us directly.
Shopping Cart
Products and or services added by the Buyer to the cart and saved for later will never be automatically be charged through Swapen. Swapen is not liable for accidental purchases made by Buyers. Buyers will have a small window of time to cancel the order before the owner ships out the product and or service. Then it is up to the owner to grant you a refund or partial refund, and therefore Swapen is released from liability.
Purchase Completed
The price of the product and or service is not an approximation or estimate and serves as an expressed contract once the user makes a purchase. Swapen is not responsible for negligence of the owner of the listing, due to typos, miscalculations, or any other errors. Owners are allowed to refund the buyer if the transaction fails or if the buyer wants to cancel the order before the item has shipped, or for any reason deemed. Refunds may also arise if the buyer does not receive a product or if the product received is damaged and or misrepresented. For third party seller and referral transactions the seller will need to make a refund back to the owner and Swapen. Also if the referred or affiliate member received a commission fee for the same transaction Swapen will need the users who referred or affiliate to issue a refund back to Swapen. Shill Buying and Selling is not tolerated by Swapen. This occurs when members acting as a buyer to buy your own items in attempts to boost their ratings. Swapen may close accounts of members who do not comply with refunds authorized and shill buying on Swapen. Refunds are performed within myswapen under the Transaction History section of the website. This feature is 100% controlled by the owner of the product. Swapen is not responsible for the refund feature it is a convenience; the owner of the item releases Swapen from any wrong doing. It is up to the owner of the product to check emails, messages, notifications, by logging into their account on myswapen to check for a sale made. Swapen is not responsible for late shipment of products because of the variety of options we provide to the owner to be made aware of the sale of their product.

Fees and Services
Posting and listing on Swapen is currently free. After the sale has been made Swapen charges a fixed percentage 1.1% on all sales. Each user of Swapen agrees that at any point of time Swapen can change their agreement and policies and start charging listing fees, image fees, and closing fees for each post or list or listing created. Changes to policies are effective after we provide you with at least thirty days' notice by posting the changes on the Swapen site and by sending a message and email. We may choose to temporarily change the fees for our services for promotional events (for example, free listing days) or new services, and such changes are effective when we post the temporary promotional event or new service on the sites and in addition send a message and email.
Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with our sites and services 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 retaining collection agencies and legal counsel, and for accounts over 31 days past due, deducting the amount owed from your third party payment service account balance.)
Owners of products and service listings have the responsibility to cover costs for fees owed within 30 days to Swapen and or third parties. After the period has passed Swapen and payment service providers have the right to charge, credit card on file. If the credit card has expired or you are delinquent, we have the authority to limit use or suspend account.
Return Policy
The return policy of a product and or service is optional. Swapen does not enforce or offer any type of special policy for products and or services sold by owners.  If the owner of the listing creates a return policy they are making an expressed contract obligation outside of the Swapen agreement. The owner is liable and will need to fulfill return policies expressed to the user.
Seller Store
Seller store is completely free and optional.  Each user of Swapen agrees that at any point of time Swapen can change their agreement and policies and start charging for the seller store and any special service we may provide such as, “List your featured product”.
Once the store is created all of the products listed in the future will automatically appear within your store. Owners are able to edit the store by changing graphics, text, and more.
Users who use the seller store to misrepresent products or services may have their account suspended. Users at any point of time can make edits to their store. Swapen is not responsible for misrepresentations or false advertisement by the owners.
Emails and Messages
Emails and messages will be sent to users for communication, bargaining, purchases, sales, commission earned, and for any other reason we may need to update you. These emails and messages are not an option for any member; this is an inclusive service that Swapen provides to help run the website safely and efficiently.
Suggestion Box
The suggestion box is made for users to recommend changes and or additions that can possibly help Swapen provide a better service to users. Swapen reserves the right to ignore suggestions by users for any reason deemed necessary. Swapen may offer rewards or compensation for suggestions.
Advertisers On Swapen
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or throughout the Swapen, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Swapen shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on Swapen.
Closure of Account
Members who would like to close their Swapen accounts will need to write an email that is registered on Swapen to Support@Swapen.com. Swapen reserves the right to keep the account on file for record keeping and may decline the request if the member has violated any of our policies and agreements.
Content
When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, trademark, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future.
For the convenience of product or service owners, we may offer catalogs of stock images, descriptions and product specifications, which are provided by third-parties. While we try to offer reliable data, we cannot promise that the catalogs will always be accurate and up-to-date. If you choose to include catalog content in your listings, you will be responsible for ensuring that your listings are accurate and do not include misleading information. You agree that you will not hold our catalog providers responsible for inaccuracies in their catalogs. The catalogs may include copyrighted, trademarked or other proprietary materials. You may use the catalogs only for informational purposes and only in connection with your Swapen listings. You may not use catalog content in a way that infringes or violates anyone's proprietary rights.
Swapen is a marketplace where at the moment we allow only Unites States products to be listed and or posted. Users agree not to sell products that reside and are shipped outside of the United States directly to the Buyer. All postings and listings are created by owners which represent their individual products and services guided by sole responsibility to sell according to the laws of Swapen. Failure to do so will cause action by Swapen and are not limited to suspension or closure of account.
Swapen uses random searches to catch and prevent inappropriate listings and or postings. If Swapen doesn't catch illegal items or if the owner of the post or listing has an illegal item for sale, you should always contact Swapen before purchasing the item. We are not responsible for postings or listings items on behalf of the owners. If an illegal post or listing is found we will remove it and possibly close the owners account. Fraudulent posts or listings may occur from time to time and may cause the Buyer lost time and money. We are not responsible for fraudulent posts or listings since Swapen is a tool used both to buy and sell products. If the owner falsely represents product(s), Swapen is in no way responsible for the outcome of a transaction. All postings and listings are created by owners which represent their individual products and services guided by sole responsibility to sell according to the laws of Swapen. Failure to do so will cause action by Swapen and are not limited to suspension or closure of account.
Liability
You will not hold Swapen responsible for other users' content, actions or inactions, or items they list and or post. You acknowledge that we are not a traditional market place. Instead, the sites are a venue to allow anyone to offer, sell, refer, advertise, create wanted lists, earn commission from sales and buy just about anything, at any time, from anywhere, in a variety of pricing formats and venues, such as stores, fixed price formats and auction-style formats upon availability. We are not involved in the actual transaction between Merchants and Wholesalers. We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of users' content or listings and posting, the ability of owners to sell items, the ability of Buyers to pay for items, or that a Buyer or owner will actually complete a transaction as promised.
Swapen is not responsible for credit card fraud nor identity theft. Users on Swapen must create accounts with our third party payment service to either make payments and or receive payments. These services are not handled by Swapen and therefore Swapen has no control for rendering an accurate and safe transaction. Please make sure before signing up on Swapen to read Amazon's and PayPal's agreement. All payment data is stored on Amazon's and PayPal's database not Swapen. If the user posts or lists user's personal information on Swapen, we are not responsible for the exposure. Please contact Swapen to have your personal data removed.
We do not transfer legal ownership of items from the owner to the Buyer, 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 owner. Unless the Buyer and the owner agree otherwise, the Buyer will become the item's lawful owner upon physical receipt of the item from the owner, in accordance with California Commercial Code § 2401(2) and Uniform Commercial Code § 2-401(2). 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 and services. 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) $100.
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."
Access and Interference
The sites contain robot exclusion headers. Much of the information on the sites is updated on a real-time basis and is proprietary or is licensed to Swapen 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 Swapen 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
• bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the sites.

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 Swapen 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 Swapen Privacy Policy. If you object to your Information being transferred or used in this way please do not use our services. Each Buyer agrees when a product is purchased to disclose: Full name(s) and address for product delivery
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. Users on our site are not agents who represent Swapen as an individual entity that sells products on behalf of Swapen, nor is Swapen an agent on behalf of the user.
Notices
Except as explicitly stated otherwise, legal notices shall be served on Swapen's national registered agent (in the case of Swapen) or to the email address you provide to Swapen during the registration process (in your case). 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
Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by going to the Resolution Center page. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation. Swapen is not responsible for monetary disputes that are files with third party payment service providers. Please make sure you read Amazons dispute policy and PayPal dispute policy for more information.

Please contact the Owner if your item has not been received within a reasonable time frame. If the owner doesn't respond then report a dispute after 14 calendar days have passed. Our payment service providers will handle all of our disputes and will investigate recourse once necessary. If the Owner agrees on an offer proposed by a Buyer and the transaction fails to go through, no action can be taken against Swapen. The owner should be contacted by the buyer to work out a solution if possible. If the buyer still feels wrong-doing a poor rating towards the Owner should be applied by the buyer. Another option for a buyer is to make a complaint with Swapen. The Owner account will go into review and if multiple complaints are made against the owner's and has a possibility of being closed after a thorough investigation by Swapen.

Please contact the Owner if your commission has not been paid after 30 days since the transaction has elapsed. If the owner doesn't respond then report a dispute after 7 calendar days with Swapen. Please contact Swapen and we will handle the dispute and will investigate recourse immediately. You can go to the dispute section and file a dispute with Swapen Please send us an email at dispute@swapen.com.

If a dispute arises between you and Swapen, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Swapen agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing.

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 Swapen must be resolved by a court located in Santa Clara 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 Santa Clara 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 Swapen 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, Swapen may recover attorneys' fees and costs up to $1000, provided that Swapen has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
• Owner Obligation

If the owner falsely represents product(s), commission or the product listing, Swapen will take appropriate action which may include closure of the account. At that point the third party Sellers has recourse with owner and is able to notify Swapen.

Owner will provide a feedback and receive one back from the Buyer. The feedback formula is calculated first by taking the total amount of Great Feedbacks and subtracting the Negative feedbacks. Then the total amount from the numerator is then divided by the aggregate great and negative transactions within the denominator.

Sum (Great is 1 point) + Sum (Negative is 0 points)
___________________________________________ = %

Sum (Positive + Negative Total Transactions)

• Great, Acceptable, or Negative will be given as a determination of eligibility to continue to sell or buy products.
• Members must maintain a 70% good standing with Swapen to continue selling and buying.