|
Legal
Notice
This website Legal Notice
(“Notice”) contains important information about the terms,
conditions, and risks associated with using the Swapalease.com
website. Please read this information carefully.
In consideration of the information
and services provided by Swapalease.com, the User hereby agrees
to the terms and conditions set forth in this Notice, as amended
from time to time.
The User promises to read this
Notice carefully and retain it for future reference. The User
understands that the terms and conditions of this Notice govern
all aspects of his relationship with Swapalease.com, including
all transactions between the User and Swapalease.com or the User
and any other consumers of Swapalease.com. The User hereby
understands that the information on this website may contain
inaccuracies or typographical errors. Swapalease.com makes no
representations about the accuracy or reliability of the
information contained on this website. The use of Swapalease.com
and any information contained on this website is at the User’s
sole risk. Swapalease.com reserves the right to modify or make
changes to this website or Notice at any time.
The User hereby agrees and accepts
the terms and conditions as set forth from Swapalease.com that
the material and services as laid out are provided on an “as-is”
basis, meaning that the material and services are provided
without any express or implied warranty. Swapalease.com does not
claim any warranty with regards to the quality, accuracy, or
content of the information as stated on this website or any
information received as a result of using this website.
Swapalease.com also disclaims any warranty, either expressed or
implied, as to title or warranties of merchantability or fitness
for a particular purpose. Swapalease.com further disclaims any
warranties concerning the Current Lessee to provide and/or
deliver any leased asset to consumers of Swapalease.com or any
Current Lessee registered with Swapalease.com to pay a potential
Lessee any payments involving a leased asset which may be
described on this website.
The User hereby acknowledges and
agrees that Swapalease.com does not and in no way can control
the actions of consumers of this website. If at anytime a
dispute between the User and one or more other consumers of this
website arise as a result of using Swapalease.com, the User
hereby releases Swapalease.com, its officers, directors, and
employees from any claims, demands, causes of action, suits and
damages arising from such dispute.
The User hereby accepts that this
Agreement is deemed to have made in the State of Ohio and will
be construed, and the rights and liabilities of the User
determined, in accordance with the internal laws of the State of
Ohio. Furthermore, the User hereby understands and accepts that
any dispute, claim or controversy arising from or related to a
relationship created by this website shall be submitted to
binding arbitration administered by the American Arbitration
Association,(“AAA”).
The arbitration shall be governed by AAA applicable arbitration
rules. The arbitration shall take place in Cincinnati, Ohio.
By accepting the binding arbitration provision in this Notice,
the User agrees to give up the right to sue Swapalease.com in
court, including the right to trial by jury, except as provided
by the rules of the arbitration as administered by AAA. The
User furthermore accepts that the decision of the arbitrator
shall be final and binding upon the User and may be entered as a
judgment by a state or federal court.
The User acknowledges that
Swapalease.com, its officers, directors, and employees do not
verify information provided by its clients and/or business
partners. Therefore, Swapalease.com cannot and shall not be held
responsible for any inaccuracies contained in this website or
from any information derived from use of this website. By using
this website, the User hereby agrees that such information is
believed to be accurate, but that the accuracy of said
information is not guaranteed whether expressed or implied.
The User agrees that Swapalease.com,
its officers, directors, and employees in no way guarantee that
an individual using this website will be approved by the
Financial Lending Company named on the lease for assumption of
the lease. Swapalease.com, its officers, directors, or employees
“DO NOT” make any decisions with regard to lease assumptions.
The individual financial lender named on the lease documentation
looks at the perspective lessee on a case-by-case basis.
Swapalease.com will not be held liable for any decisions made in
regards to such a potential relationship as between the User of
this website and a financial lender that might be named on this
website.
Swapalease.com is a listing
company. No information contained on this website should be
deemed to be an offer, counteroffer, or acceptance.
Swapalease.com shall not be held liable for any inaccuracies on
said website or any information obtained as a result of using
said website.
By registering with Swapalease.com
as seller (the “Seller”), the Seller agrees to pay a fee to list
his vehicle on Swapalease.com. The cost of listing a vehicle at
Swapalease.com is determined by the package that the Seller
selects from the seller registration page. If the Seller does
not select a package, the Swapper’s Club package will be
selected automatically. The Seller accepts that by listing his
vehicle on Swapalease.com, he will be charged a listing fee. The
Seller also accepts that a “Success Fee” may be charged
depending on what listing package is ultimately selected. It
should be noted that Swapalease.com does not guarantee that all
listing features will be active immediately. Swapalease.com
reserves the right to cancel a Seller’s listing at anytime
without a refund.
By joining Swapalease.com as a
buyer (the “Buyer”), the Buyer agrees to pay a registration fee
in order to use this website and obtain Seller contact
information in order to contact the Seller directly. The Buyer
agrees to be charged the registration fee to use this website as
a registered Buyer when entering his contact information and
credit card information. The registration fee is valid for the
duration of time stated in the package selected and may be
extended at the discretion of Swapalease.com. Swapalease.com
reserves the right to cancel a Buyer’s registration at any time
without a refund if it appears the registration is being
utilized for marketing purposes or other improper uses. Please
note that Swapalease.com makes no guarantee concerning a
listing’s availability or that the Seller will make any effort
to correspond with the registered Buyer. It should also be noted
that leasing company policies such as state restrictions and/or
credit requirements may prohibit lease transfers to some
registered Buyers.
By registering with Swapalease.com
as a dealer (the “Dealer”), the Dealer agrees to pay a monthly
fee to list his vehicles on Swapalease.com and the number of
vehicles the Dealer will be permitted to list is determined by
the package selected. The Dealer program package selected will
determine the monthly fee due Swapalease.com and any setup or
initial charges will be charged accordingly. A change of contact
person or the one responsible for managing the Swapalease.com
Dealer program at a particular registered dealership does not
modify any agreements already in affect. A registered Dealer may
provide written notice and request a program cancellation at any
point in time unless an agreement with a specified time period
is still in existence. It should be noted that Swapalease.com
does not guarantee that listings will immediately be viewable
and/or that all listing features will be active immediately.
Swapalease.com reserves the right to cancel any or all of a
Dealer’s listing at anytime without a refund.
IN NO EVENT WILL SWAPALEASE.COM BE
LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER
CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS WEBSITE, OR ANY OTHER
HYPERLINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST
PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA
OR OTHERWISE, EVEN IF SWAPALEASE.COM IS EXPRESSLY ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
Void where prohibited.
The material contained on this site
is the proprietary material and information of Swapalease.com
and Swapalease.com expressly forbids any copying, reproducing,
or use of this material without express written authorization
from Swapalease.com.
Refund Policy
Swapalease.com will adhere to the
following policies:
General Refund Policies and
Guidelines
- Multiple or
duplicate charges are automatically eligible for refund.
- No refunds will
be issued after 30 days from the original date of purchase
regardless of reason.
- Discounted
services and/or promotional programs are not eligible for
refund under any circumstances.
- Swapalease.com
will process all refund requests within 5 business days of
refund request approval.
Specific Refund Polices for
Seller Services
- Listing Fees -
Not refundable under any circumstances. (Encompasses all
“Lease Transfer,” “New Lease,” and “Sale” listings including
all “Swappers’ Club” Packages)
- Listing Upgrade
Charges - Not refundable under any circumstances. (“Listing
Upgrade Charges” refer to actual listing enhancements and
services offered to create greater listing exposure both
internally and externally from the Swapalease.com website)
- Success Fee - Not
refundable under any circumstances. However, if a transfer
is not ultimately successful a credit will be issued which
is good toward future transfer initiations.
- Seller
understands and agrees that all information regarding the
identity of the Seller is held strictly confidential to any
persons that have not registered with Swapalease.com. For
this reason no contact information (email address, phone
number, fax number, etc.) may be used in the public listing
of a vehicle on the site. Any information that is found
within a listing that violates this policy will be deleted
without notice.
Specific Refund Policies for
Buyer Services
- Buyer
Registration Fee - Not refundable under any circumstances.
- Leasing Company
Credit Application Fee (range from $25.00 to $450.00
depending on Lessor) - Not refundable under any
circumstances.
Other Refund Policies
- Lease Advisor -
Not refundable under any circumstances.
- Refinancing
Program - Not refundable under any circumstances.
- Swapalease.com
Peace Of Mind Program - Not refundable under any
circumstances.
- A policy change
of any type by a leasing company is not grounds for a refund
from either a Seller or Buyer’s perspective. This is true
even if a lease company discontinues permitting lease
transfers.
- Claiming one did
not understand or was unsure of a program that he registered
for does not merit a refund.
- Dealer program
related fees and charges are not refundable under any
circumstances.
- Inspection
Service - Not refundable under any circumstances.
Swapalease.com reserves the right to change any and all
refund policies at any time.
If any provision of this Notice is held to be invalid, void
or unenforceable by reason of any law, rule, administrative
order or judicial decision, that determination will not affect
the validity of the remaining provisions of this Notice. Except
as specifically permitted in the Notice, no provision of the
Notice can be, nor will be deemed to be waived, altered,
modified or amended unless agreed to in writing signed by an
authorized representative of Swapalease.com.
The failure of Swapalease.com to insist on strict compliance
with this Notice or any other course of conduct on its part will
not be deemed a waiver of Swapalease.com’s rights under this
Notice. |