Please be advised that this User Agreement contains provisions that govern how claims you and we have against each other are resolved. The terms include a class action waiver and a waiver of your right to jury trials.
Welcome to KickSwap ("we"), ("OUR"), a property of MD Financials LLC. These Terms & Conditions of Use and all policies including additional terms posted on and in "OUR" sites, applications, tools and services (collectively "Services") set out the terms on which KickSwap offers you access to and use of "OUR" Services to you, whether as a guest or a registered user. By accessing or using the Services, you expressly acknowledge and agree that you are entering a legal agreement with us and have understood and agree to comply with, and be legally bound by, these Terms & Conditions of Use, together with the Privacy Policy (the “Terms"). Certain portions of the Services may not be available to you unless you have registered. If you do not agree to be bound by these Terms, you may not use the Services in any way.
The Services are only intended for individuals aged thirteen (13) years or older. If you are under 13 years old, please do not visit or use the Services. If you are between 13 and 18 years of age, then you must review these Terms with your parent or guardian before visiting or using the Services to make sure that you and your parent or guardian understand these Terms and agree to them.
"We" reserve the right, at "OUR" discretion, to change or add to these Terms at any time. Changed and new terms, as applicable, will be effective ten (10) days following posting of the revised Terms on the Services, and your continued use of the Services thereafter means that you accept those changes.
Description of Services
KickSwap, a property of MD Financials LLC, is an event organization. KickSwap providers a space for buyers and sellers to conduct transactions.
Buyer and Seller Obligations
By attending a KickSwap event you agree to the following conditions.
"We" are not responsible for any lost or stolen goods. "We" are not responsible for transactions involving counterfeit goods or currency. "We" do not validate the goods or currency related to a transaction between a buyer and seller. Buyers and sellers uphold the responsibility to conduct due diligence and validate the legitimacy of a transaction prior to completion
Taxes
Sellers are responsible and agree to collect, pay, report and remit any and all local, state, or federal (including sales tax) that may be due with respect to your sales transaction, and Buyers agree to pay any and all local, state, or federal (including sales taxes) that may be due with respect to your purchase transaction. You agree that KickSwap, a property of MD Financials LLC, as the facilitator of the transaction, is not responsible for reporting, collection or payment of any taxes on your behalf.
Warranty Disclaimers
This section applies whether the services provided under the Services are for payment. Applicable law may not allow the exclusion of certain warranties, so to that extent certain exclusions set forth herein may not apply.
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. KICKSWAP, A PROPERTY OF MD FINANCIALS LLC, HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, MISAPPROPRIATION, INTELLECTUAL PROPERTY VIOLATIONS, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. KICKSWAP, A PROPERTY OF MD FINANCIALS LLC, DOES NOT GUARANTEE THAT THE SERVICES WILL BE FREE OF BUGS, SECURITY BREACHES, OR VIRUS ATTACKS. THE SERVICES MAY OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS. YOU AGREE THAT KICKSWAP, A PROPERTY OF MD FINANCIALS LLC, WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS, IN GENERAL AND TO THE EXTENT "OUR" WEBSITE IS TEMPORARILY DOWN BECAUSE OF THAT CONGESTION OR OVERLOAD. "WE" DO NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT, ANY SNEAKER, AUTHENTICATION TAG, OR ANY OTHER PRODUCT, OR SERVICE THAT IS FEATURED OR ADVERTISED ON THE SERVICES BY A THIRD PARTY.
KICKSWAP, A PROPERTY OF MD FINANCIALS LLC, DOES NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT THAT APPEARS IN A USER SUBMISSION, AND DOES NOT MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO, AND DISCLAIMS ALL LIABILITY FOR, ANY SUCH CONTENT.
YOU SPECIFICALLY ACKNOWLEDGE THAT KICKSWAP, A PROPERTY OF MD FINANCIALS LLC, SHALL NOT BE RESPONSIBLE FOR THE USER SUBMISSIONS OR CONDUCT (INCLUDING DEFAMATORY, OFFENSIVE, ILLEGAL, OR NEGLIGENT CONDUCT) OF ANY SERVICES USER AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
YOUR RELIANCE ON, OR USE OF, ANY USER SUBMISSION, OR INTERACTION WITH ANY SERVICES USER OR OWNER, IS AT YOUR SOLE RISK. IF YOU HAVE A DISPUTE WITH ANY SERVICES USER OR OWNER IN CONNECTION WITH THE SERVICES OR ANY USER SUBMISSION, YOU AGREE THAT KICKSWAP, A PROPERTY OF MD FINANCIALS LLC, IS NOT LIABLE FOR ANY CLAIMS OR DAMAGES ARISING OUT OF OR CONNECTED WITH SUCH A DISPUTE. KICKSWAP, A PROPERTY OF MD FINANCIALS LLC, RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO MONITOR ANY SUCH DISPUTE.
EXCEPT AS EXPRESSLY STATED IN "OUR" PRIVACY POLICY, KICKSWAP, A PROPERTY OF MD FINANCIALS LLC, DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SECURITY OF ANY INFORMATION YOU MAY PROVIDE OR ACTIVITIES YOU ENGAGE IN DURING THE COURSE OF YOUR USE OF THE SERVICES.
Personal Data
This section applies whether the services provided under the Services are for payment. Applicable law may not allow the exclusion of certain warranties, so to that extent certain exclusions set forth herein may not apply.
Indemnity
You agree to defend, indemnify and hold harmless KICKSWAP, A PROPERTY OF MD FINANCIALS LLC, and "OUR" affiliates, and our respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from: (i) your use of, or inability to use, the Services; (ii) your Postings; (iii) your interaction with any Services user; or (iv) your violation of these Terms.
Term And Termination
These Terms are effective until terminated by KICKSWAP, A PROPERTY OF MD FINANCIALS LLC, or you. KICKSWAP, A PROPERTY OF MD FINANCIALS LLC, in its sole discretion, has the right to terminate these Terms and/or your access to the Services, or any part thereof, immediately at any time and with or without cause (including, without any limitation, for a breach of these Terms). KICKSWAP, A PROPERTY OF MD FINANCIALS LLC, shall not be liable to you or any third party for termination of the Services, or any part thereof. If you object to any term or condition of these Terms, or any subsequent modifications thereto, or become dissatisfied with the Services in any way, your only recourse is to immediately discontinue use of the Services. Upon termination of these Terms, you shall cease all use of the Services. The provisions regarding warranty disclaimers, limitations of liability, and privacy shall survive termination of these Terms.
Independent Contractors
You and KICKSWAP, A PROPERTY OF MD FINANCIALS LLC, are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and KICKSWAP, A PROPERTY OF MD FINANCIALS LLC,. You must not under any circumstances make, or undertake, any warranties, representations, commitments or obligations on behalf of KICKSWAP, A PROPERTY OF MD FINANCIALS LLC,.
Assignment
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by KICKSWAP, A PROPERTY OF MD FINANCIALS LLC, without restriction or notification to you. Any prohibited assignment shall be null and void.
Dispute Resolution
Negotiation.The parties shall attempt to resolve all disputes arising out of or in connection with this Agreement by negotiation in good faith, and within a reasonable time period. If the parties do not agree, within 14 days from the date the dispute arises, to a schedule for negotiation and, if desired, mediation, as described below, under this section, then the aggrieved party is entitled to use any and all legal means available to it to resolve the dispute.
Mediation. If the parties cannot resolve a dispute within a reasonable time, then they shall initiate nonbinding mediation, and share equally in the cost of a Mediator, however each party shall be responsible for its own legal fees.
Performance Continues During Dispute Resolution. The parties must perform their obligations under this Agreement while the dispute is being resolved.
Award of Attorneys’ Fees. If a dispute between the parties arises out of or relates to this Agreement, the prevailing may recover its attorney's fees, expenses and costs incurred, in addition to any other remedy provided by this Agreement or by applicable state or federal laws.
Governing Law
KICKSWAP, A PROPERTY OF MD FINANCIALS LLC, reserves the right to discontinue or modify any aspect of the Services at any time. These Terms and the relationship between you and KICKSWAP, A PROPERTY OF MD FINANCIALS LLC, shall be governed by and construed in accordance with the laws of the State of Connecticut without regard to its principles of conflict of laws. To the extent, if any, that the dispute is not settled completely and finally pursuant to the arbitration above, you agree to submit to the personal and exclusive jurisdiction of the courts located in [New Haven County, State of Connecticut] and waive any jurisdictional, venue, or inconvenient forum objections to such courts, provided that KICKSWAP, A PROPERTY OF MD FINANCIALS LLC, may seek injunctive relief in any court of competent jurisdiction.
General
These Terms shall constitute the entire agreement between you and KICKSWAP, A PROPERTY OF MD FINANCIALS LLC, concerning the Services. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a party's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
sales
ALL SALES ARE FINAL. "WE" RESERVE THE RIGHT TO TERMINATE OR REMOVE ANY INDIVIDUAL OR INDIVIDUALS FROM "OUR" PROPERTY WHO DO NOT ABIDE by "our" TERMS & CONDITIONS [CLICK HERE].
contact info
If you have any questions or concerns about the KickSwap Terms and Conditions policy, please contact info@thekickswap.com
