Terms and Conditions

TERMS OF SERVICE

—-

OVERVIEW

This website is operated by Exchangeness. Throughout the site, the terms “we”, “us” and “our” refer to Exchangeness. Exchangeness offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, subscribers, vendors, listing owners, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

SECTION 1 – ONLINE PLATFORM

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

By agreeing to the terms of service you acknowledge that you have read the Exchangeness privacy policy and agree to the policy. 

You may not use our products 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 must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

  • Exchange Listings: This platform operates with a community-first approach, aiming to assist humanity and foster community connections. We exclusively permit informal exchanges, emphasizing that exchanges should be noncommercial in nature.
  • Taxable Events: Exchangeness does not participate, endorse, or involve itself in any way, shape, or form when an exchange on the platform becomes a taxable event for any party involved. Users are responsible for understanding and complying with applicable tax regulations. Furthermore, Users are solely responsible for the legality, tax implications, and compliance of their exchanges. Exchangeness does not provide tax advice or guidance.
  •  Safety and Security: While using our Platform, your safety and security are your responsibility. We do not guarantee the safety of any exchange. Users should exercise caution when interacting with others.
  • Residential Properties Not Intended for Vacation or Work Trade:
    Users are expressly forbidden from listing homes or properties that are not intended for vacation or work trade purposes. 

    Personal and non-commercial use policy:
    To ensure a fair and equitable experience for all users, we have established the following terms and conditions governing the use of our platform:
  • Personal Exchanges Only:
    Exchangeness is designed exclusively for personal exchanges between individuals. Businesses, professional services, and commercial activities are strictly prohibited from listing their services for monetary gain. Additionally, event promotion is not allowed on Exchangeness.
  • Non-Commercial Use:
    Users are not allowed to use Exchangeness as a marketplace for buying or selling products or services, promoting commercial activities, or engaging in any form of economic gain. All exchanges should be based on the principles of sharing and reciprocity.
  • Community-Centered Approach:
    Exchangeness thrives on the spirit of community and mutual assistance. Our platform is meant for individuals looking to share items, homes, time, or create events with others who share similar interests and values.
  • Reporting Violations:
    If you come across any listings or activities that violate these terms, we encourage you to report them promptly. Our team will take appropriate action to ensure the continued integrity of our community.
  • Consequences for Violations:
    Violation of these terms may result in warnings, suspension, or termination of your account, depending on the severity of the infraction.
  • Continuous Monitoring:
    We will continuously monitor and review activities on our platform to ensure adherence to these terms. Our goal is to maintain a welcoming and equitable environment for all users.

    By using Exchangeness, you agree to abide by these terms and understand that personal exchanges are at the core of our community. We reserve the right to modify these terms at any time to better serve our users and the spirit of sharing.

Legal Compliance:

You must ensure that any exchanges you engage in using our Platform comply with the laws and regulations in your jurisdiction. We do not endorse or facilitate illegal activities, and users are solely responsible for ensuring the legality of their exchanges.

Prohibited Content & Items:

Below are examples of goods, services, and content that are not permitted on our platform:

  • Weapons including firearms, guns, ammunition, and explosives
  • Illegal prostitution, sex trafficking, and exploitation of minors
  • Child pornography and any related materials
  • Recalled items, hazardous materials, and unsanitized bedding or clothing
  • Prescription drugs, controlled substances, and medical devices
  • Alcohol, tobacco, and unpackaged or adulterated food or cosmetics
  • Pet sales, animal parts, and endangered species
  • Deceptive, fraudulent, or misleading content
  • Offensive, obscene, defamatory, or threatening postings
  • Personal, confidential, or proprietary information belonging to others
  • Governmental assistance items such as food stamps or WIC vouchers
  • Stolen property, burglary tools, and items with altered serial numbers
  • Counterfeit, replica, or pirated items
  • Lottery tickets, gambling items, and sweepstakes entries
  • Spam, overposted, or nonlocal content
  • Content primarily intended to drive traffic to external websites
  • Unsolicited products or services, affiliate marketing, and pyramid schemes
  • Any content that violates the law or legal rights of others

Platform Use:

Exchangeness serves as an impartial platform solely dedicated to presenting and showcasing available opportunities. We want to emphasize that Exchangeness is not affiliated with any listings on the platform. Users are strongly encouraged to conduct thorough research to ensure the accuracy of the information provided. It is important to note that Exchangeness will not be held liable for any consequences resulting from the use of, or reliance on, the information presented in the listings. Exchangeness only allows the addition of exchange listings and facilitates exchange messages between users. The platform does not, in any way, facilitate or endorse any form of monetary or non-monetary transactions. The users are expected to use the platform in accordance with its intended purpose and fostering a sense of community.

Liability:

Exchangeness serves as a platform facilitating exchange opportunities among members. Host Members can list their accommodations, items, events, and time for exchange, while other members independently review, chat, and arrange exchanges. Exchangeness operates as a connection platform; when members participate in an exchange, they form a direct contract without Exchangeness as a party. Exchangeness does not function as a real estate broker, insurer, verifier, or agent during an exchange, unless explicitly stated.

Exchangeness bears no liability for member safety, false information, overstays, property damage, or theft of furnishing items. Members are solely responsible for the associated risks, whether providing or occupying accommodations, attending events as part of an exchange, including potential damage to property or theft of furnishing items.

Exchangeness does not conduct background checks on anyone adding listing on the platform specifically home or event hosts, work traders, house/pet sitters or volunteers; hosts are responsible for verifying the credentials of individuals engaged in work exchanges. Additionally, Exchangeness is not responsible for the accuracy of listings and will not be held liable for any financial loss or decrease in value incurred by members.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

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 or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3. USER REGISTRATION

3.1. To access certain features of our Platform, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

3.2. You are responsible for maintaining the confidentiality of your account login credentials and for any activity that occurs under your account. You agree to notify us immediately of any unauthorized access to or use of your account.

SECTION 4 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if the information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Stock images may be used for illustrative purposes in listings added by Exchangeness. Listing owners who claim their exchanges can modify or add images, and users are advised not to rely solely on images for accuracy. Exchangeness does not independently verify user-added images, and users should exercise due diligence when evaluating listings. Listing owners are responsible for the accuracy of images they add or modify. Exchangeness reserves the right to modify or remove any image that violates policies, and users may request the removal of stock images from their claimed listings. Users are encouraged to communicate directly with listing owners for specific details.

EXCHANGENESS WEBSITE MAINTENANCE

We will not accept liability or take responsibility for any service disruptions caused by system maintenance, upgrades, conflict, natural disasters, viruses, online attacks, or other unpredictable disasters.

SECTION 5 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Please note all products on the platform are priced in USD currency.

SECTION 6 – PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website.

We reserve the right but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to change the prices of listing plans at any time without notice, limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

Membership Subscription Sales Policy

All sales of subscriptions are final. No refunds will be issued once a subscription has been purchased. By completing your purchase, you agree to these terms and acknowledge that you will not be entitled to any refund or reimbursement for any reason.

Please note that subscriptions will automatically renew each year, as auto payment is enabled by default. You can manage your subscription settings and turn off auto-renewal at any time through your account dashboard.

SECTION 7 – USER RESPONSIBILITIES

Content Responsibility

You are solely responsible for the content you publish. You acknowledge the content presented is your own or you are permitted to utilize it and authorize utilization as outlined here. You assume full risk and responsibility for the content you publish including any person’s dependence on the quality, reliability, and accuracy of information presented or any information your content contains that personally identifies you. You are not allowed in whichever way to indicate that Exchangeness sponsors or endorses your content.

You are exposed to liability for instance if information in your content is false, deliberately misleading or derogatory, disregards any right of a third party such as copyright, patent, trademark, trade secret, privacy right, moral right, personality right or other proprietary or intellectual property rights, is unlawful if for instance it spreads hateful messages or pornography, takes advantage or is harmful to minors or contravenes or supports the breaking of any regulation or law.

When you submit and/or claim a listing you agree that you are the owner of the business listing you are submitting or claiming or you are the representative elected by the owner to manage the listing. In addition, you agree to keep the information collected from lead forms in accordance with applicable privacy law and data protection regulations.

In case a client uploads that image that violates copyright law, the client in violation will be legally or financially liable for infringement. Exchangeness does not assume liability or responsibility for images uploaded by a client.

Use of Your Content

Exchangeness reserves the right to make use of your content; your content may be displayed publicly, reformatted, incorporated into advertisements or for other purposes, used to create other works, promote it, distribute it and permit other people to use it for a similar purpose on their media platforms or websites. For this reason therefore that you grant us irrevocable, world-wide, abiding, royalty-free, non-exclusive, assignable, transferrable, sub-licensable rights to utilize your published content for whichever purpose.

The term “utilize” implies use, reproduce, publicly display and execute, create copies, alter, distribute, translate, delete, evaluate, sell, and produce works based on your content.

You irrevocably authorize access to your content by users of this site as well as other media platforms. Additionally, you irrevocably relinquish and cause relinquishment against assertions and contentions of rights involving copyrighted works or acknowledgment regarding your content.

Ownership of Content

You are the owner of your content according to your agreement with Exchangeness. On the other hand, we own content on Exchangeness including graphics, design, interactive features, visual interfaces, a compilation including our own compilation of content from users and other sites, computer code, software, products, overall review ratings by users and all features and elements on the Site but not including your content and content by users and other third parties. Additionally, we own the service marks, copyrights, trademarks, trade names relating to the Exchangeness Site and its Content that are under the protection of laws including copyright, patent, trade dress, trademark as well as other relevant intellectual and proprietary rights and regulations. For this reason, you are not allowed to partially or wholly alter, reproduce, publicly display, exploit, or derive other works or adaptations using Exchangeness Content without authorization from us. Unless precisely and specifically stated here.

Advertisement

Ad’s or Advertisements may be publicly displayed next to your content or incorporated in your content; however, you do not have the right to compensation when it comes to such kinds of advertisements. Also, Exchangeness and its licensees may change the approach, method, and magnitude of this form of advertising without specifically sending you a notification.

SECTION 8 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

You agree to provide current, complete, and accurate purchase and account information for all purchases made at our website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates so that we can complete your transactions and contact you as needed.

OFFERS, COUPONS & DISCOUNTS ON LISTINGS:

Offers, coupons, and discounts are initiated by the businesses listed on Exchangeness. Exchangeness is not responsible of those offers being valid or available. The nature of the transaction is totally between the business listed and the person who is using that business offer. Exchangeness won’t be held responsible for any reason including, offer not being valid, or coupons not working, etc. The listed business has the final determination for approval for offers, coupons, and discounts at the time of purchase.


SECTION  9– OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 10 – THIRD-PARTY LINKS

Certain content, products, and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 11 – USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

If at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any rights of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 12 – PERSONAL INFORMATION

Your submission of personal information through the website is governed by our Privacy Policy.

SECTION 13 – ERRORS, INACCURACIES, AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to service descriptions, pricing, and promotions, offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 14 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 15 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

No Responsibility:

Our Platform acts as a venue for users to connect and exchange various items, services, or experiences. We do not take responsibility for the quality, legality, or safety of these exchanges. Users use our Platform at their own risk.

No Endorsement:

We do not endorse, guarantee, or vouch for the reliability, credibility, or quality of any users, exchanges, or content on our Platform.

We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Exchangeness.com, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum of $30.

SECTION 16 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Exchangeness.com and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns 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 these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third-party.

SECTION 17 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 18 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 19 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 20 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Washington state.

SECTION 21 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 22 – PRIVACY POLICY

Please read our privacy policy at Privacy Policy

SECTION 23 – CONTACT INFORMATION

Questions about the Terms of Service then please contact us via the contact form at https://exchangeness.com/contact/