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Swell Market (sometimes herein “Swell,” “We”, “Us” or “Our”), offers services through the domain www.swellmarket.com (sometimes herein the “Site”). By registering an online store with Swell Market, you (“Store Owner,” “You” or “Your,” which collectively includes You and any other entity you may be representing) agree to abide by the Terms of Service (”Terms") outlined below. Swell Market reserves the right to edit these Terms at any time, so We recommend checking back from time to time for any changes that might apply to You. Your registration with Swell Market as a Store Owner constitutes a binding agreement between You and Swell Market (“Store Owner’s Agreement"). Swell Market provides a web application (“Software”) that allows Store Owners to create online stores through which they can sell goods and services online. Swell Market also provides merchant services, including hosting of the online store, access to site design templates, marketing services and other related services as may be offered from time to time (individually and collectively, “Services”). Swell Market is occasionally known to speak in the rare dialect known as “legalese,” such as on this page. Please bear with Us as We do so.

General

When a Store Owner lists an item or product for sale on Swell Market and a buyer agrees to purchase the item, the parties have entered into a binding agreement which both parties are required to fulfill. The Store Owner should sell and the buyer should buy the goods or services for the price agreed to by the Store Owner and its buyer.

Account Terms for All Store Owners

Order fulfillment is the Store Owner’s sole and full responsibility. All products purchased through a Swell Market online store must be fulfilled by the Store Owner in a timely manner, and in all events within a maximum of 7 business days following completion of an order, unless otherwise agreed by the Store Owner and its buyer. Failure to fulfill orders may cause Your store to be suspended by Swell Market. Under no circumstances are you to make any attempt to avoid Swell Market’s Marketplace fee or other fees. This includes writing this information in your description, FAQ, or any other public facing element on the Swell Market platform.  You are responsible for any customization of Your Swell Market online storefront, including graphics and information. You are responsible for managing all products and collections, including information about the product, product variants and product images. You must correctly and accurately describe all products listed in Your Swell Market online store.

You are responsible for following all applicable regulations and laws as it pertains to product packaging, including adherence to regulatory guidelines for labeling, claims, and related content to ensure a product’s safe use. You are responsible for all activity and content (data, graphics, photos, links) that is uploaded under Your Swell Market account.

Our services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. Individuals under the age of 18 can use this service only in conjunction with and under the supervision of a parent or legal guardian. In this case, the adult is the Store Owner and is responsible for any and all activities. You authorize Swell Market to process any and all of Your Swell Market account transactions initiated through the use of the password and/or passphrase that you establish through registration on the Site and you are solely responsible for maintaining the confidentiality of such password and/or passphrase. Swell Market cannot and will not be liable for any loss or damage from Your failure to maintain the security of Your account and password. You may not use Swell Market online stores for any illegal or unauthorized purpose nor may You, in the use of the Service, violate any laws in Your jurisdiction (including but not limited to copyright laws). You will generally be responsible for payment of all applicable sales, use and other taxes and government charges, whether federal, state or foreign, for each sale made through Your Swell Market online store.  As an exception, for Marketplace orders, Swell Market is required to calculate, collect and remit sales tax for orders shipped to customers located in certain states. We may, but have no obligation to, remove content and accounts containing content that We determine at Our sole discretion as unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms. You expressly understand and agree that Swell Market shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.

You must not transmit any worms or viruses or any code of a destructive nature. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service or access to the Service without the express written permission of Swell Market. Swell Market does not claim any intellectual property rights over the material You provide to the Swell Market service. All material You upload remains Yours. You agree to not sell or rent any purchasers’ information to any third-party companies. This includes Name, Email, Address and Phone Number. Technical support is only available via email or Our Customer Support Forum, due to the small size of Our team, which allows Us to keep costs down as We provide Our Services to You for free. Swell Market works hard to keep the Site operating for the benefit of its users. However, in the event of a problem, please contact Us at support(at)swellmarket.com. Swell Market does not warrant that the Service will be uninterrupted, timely, secure or error-free. The Service is provided on an “as is” and “as available” basis without any warranty or condition. A breach or violation of these Terms, at the sole discretion of Swell Market, may result in immediate termination of Your Services. We reserve the right to modify or terminate the Service for any reason, without notice, at any time.

Prohibited Listings and Products

We expect Store Owners to undertake necessary due diligence to confirm the products listed for sale in Your Swell Market online store are in strict conformity with all applicable laws. In the event Swell Market concludes that a product or listing for product is prohibited, possibly illegal or inappropriate, We may without any notice to You immediately remove or modify the listing for the product. Swell Market reserves the sole right and discretion to determine whether listings for products and contents on the Site is appropriate.