By indicating below, and/or by completing or attempting any Transaction with Vendor, you agree to the Terms and Conditions set out below. As used herein, “Transaction” means the sale or purchase of goods by and between You and Vendor, including solicitations for such sales, price quotes, solicitations for price quotes, and/or each step toward completing or attempting to complete a sale or purchase of goods. As used herein, “Vendor” means “1GoodSwap, LLC,” a Missouri limited liability company, the 1goodswap.com web site, and its related entities, employees, owners, and agents.
For any Transaction with Vendor, You represent and warrant that You are the lawful owner of any goods proposed to be sold or transferred to Vendor, that you have the exclusive right to sell or transfer such goods, and that such goods are not “stolen goods” within the meaning of any law of the United States or of any respective State. (I would add: Vendor may, but is not required, to request documentation or other proof of compliance with the requirements.) You agree to defend, hold harmless, and indemnify Vendor and Vendor’s related entities, employees, owners, and agents against any third-party claims of ownership of, or other property right in, such good and/or claims that such goods have been stolen or were sold unlawfully.
You and Vendor agree that any Transaction between You and Vendor shall be deemed to have occurred in the State of Missouri and shall be governed by the laws of the State of Missouri (without regard to conflict of laws provisions) regardless of Your physical location or the situs of any act that is a part of the Transaction. The parties agree that The Convention for the International Sale of Goods shall not apply to any Transaction. The use of the term “goods” herein is not meant to imply that the subject of the Transaction is governed by the Uniform Commercial Code.
Any lawsuit or legal action by either party related to a Transaction shall be brought exclusively in the state circuit court of Jackson County, Missouri, and You hereby waive personal jurisdiction and any claims of improper venue or forum non conveniens with regard to any lawsuit or legal action filed against You in Jackson County, Missouri.
You are responsible for, and bear the risk of, any loss of any goods or payments (or damage thereto) until such goods or payments are actually received by Vendor. It is recommended that you secure appropriate insurance for goods and payments at Your cost.
If the Vendor returns any goods to You, the Vendor will insure the item for no more than the amount offered by the Vendor, regardless of what it was insured for when mailed by You. The Vendor, in its sole discretion, shall choose the carrier, insurance and receipt verification method for each transaction. You may request the Vendor to provide a telephone or email quote for Your goods after they have arrived at the Vendor's mailing address. Verbal offers may be recorded at the sole discretion of the Vendor. Upon acceptance by You of the telephone or email quote, payment will be issued by the Vendor within twenty four (24) hours of such acceptance, and the ten (10) day customer satisfaction holding period guaranty will no longer be applicable to such transaction.
Any claims by You against Vendor shall be limited to actual damages up to the actual value of the goods or payments, and You hereby waive any claim for incidental or consequential damages, lost profit or lost opportunity, punitive damages, or interest. In the event that one party files a lawsuit or legal action against the other party, the non-prevailing party in such action shall compensate the prevailing party for the prevailing party’s court costs and reasonable attorney’s fees.
You agree to provide full and accurate information regarding Your identity and contact information, and You warrant that all information is accurate and truthful. You further warrant that You are at least 21 years of age. You represent and warrant that You are entering into the Transaction on Your own behalf and not as an agent or representative for any other person or entity.
I hereby agree to the Terms and Conditions set forth above, I warrant that I am at least 21 years old and that I am acting on my own behalf, and I confirm that all information I have provided is accurate and truthful.
If you have any questions or concerns, please don't hesitate to give us a call at 816-520-7329 or drop us an email using the contact us page and we'll be happy to help in any way we can.
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