Share |
Start exchanging your purses today by creating a free account with purseXchange.com
USER AGREEMENT AND PRIVACY
The following describes the terms on which purseXchange.com offers you access to our services.
Introduction
Welcome to purseXchange.com. By using purseXchange.com (including purseXchange.com.com and its related sites, services and tools), you agree to the following terms with J3 Media, LLC. and the general principles for the websites of our subsidiaries.

This Agreement is effective on August 16, 2009, for current users, and upon acceptance for new users.

Scope
Before you may become a member of purseXchange.com, you must read and accept all of the terms in, and linked to, this User Agreement and the Privacy Policy. We strongly recommend that, as you read this User Agreement, you also access and read the linked information. By accepting this User Agreement, you agree that the User Agreement and Privacy Policy will apply whenever you use purseXchange.com or services, or when you use the tools we make available to interact with purseXchange.com and services. Some purseXchange.com services and tools may have additional or other terms that we provide to you when you use those services or tools.

Using purseXchange.com
A "User" is anyone with an account on purseXchange.com. While using purseXchange.com services and tools, you will not:
  • post content or items in an inappropriate category or areas on our sites and services;
  • violate any laws, third party rights or our policies, including, but not limited to, the Prohibited and Restricted Items policies (which may be accessed by clicking this link).
  • use our sites services or tools if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our sites, services or tools;
  • fail to deliver the obligation for items exchanged by you, unless the User has materially changed the item's description after you bid, a clear typographical error is made, or you cannot authenticate the User’s identity;
  • fail to deliver items exchanged, unless the User fails to meet the posted terms, or you cannot authenticate the User’s identity;
  • manipulate any item or interfere with other Users' listings;
  • circumvent purseXchange.com;
  • post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
  • take any action that may undermine the ratings systems (such as displaying, importing or exporting feedback information off of other websites or from pursexchage.com or using it for purposes unrelated to purseXchange.com);
  • transfer your purseXchange.com account and User ID to another party without our consent;
  • distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
  • distribute viruses or any other technologies that may harm purseXchange.com, or the interests or property of purseXchange.com Users;
  • export or re-export any purseXchange.com tools except in compliance with the export control laws of any relevant jurisdictions;
  • copy, modify or distribute rights or content from the purseXchange.com sites, service or tools or purseXchange.com's copyrights and trademarks; or harvest or otherwise collect information about Users, including email addresses, without their consent.

Abusing purseXchange.com
purseXchange.com and the Community (Users with accounts on pursexchange.com) work together to keep our site and services working properly and the Community safe. Please report problems, offensive content, and policy violations to us. However, doing so creates no obligation on pursexchange or to remedy such violations

purseXchange.com requires that it's Users do not infringe upon the copyright, trademark or other rights of third parties. If you believe that your rights have been violated, please notify our administrator and we will contact the User. However, pursexchage is not responsible for any violations.

Without limiting other remedies, we may limit, suspend or terminate our service and User accounts, prohibit access to our site and its content, services and tools, delay or remove hosted content, and take technical and legal steps to keep Users off the sites if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for any period over 6 months. Failure to cancel an inactive account shall not act as a waiver of pursexchange's right to do so.

Users share the responsibility of making sure exchanges facilitated by purseXchange.com are exciting, rewarding and hassle-free. We strongly encourage you to work with User before contacting pursexchange relating to a exchange. purseXchange.com is not responsible for any information or damage that may accure during an exchange. purseXchange.com is not financially responsible for any lost or damaged item. purseXchange.com is not responsible for any transaction completed by Users of this site.

User Obligations:
  • Users who purseXchange.com believes are not acting in good faith, abusing the program or a User, attempting to commit or committing fraud, or trying to unjustly benefit from the program may become ineligible for purseXchange.com and may be removed from the site. Users who become ineligible will be notified by purseXchange.com prior to ineligibility. purseXchange.com reserves the right to temporarily, indefinitely or permanently suspend the purseXchange.com account immediately if we suspect abuse, excessive claims, tampering, or interference with the proper working of the site.
  • All Users with a open claim (a problem reported to pursexchange) must work in good faith to resolve the claim, refund shipping, return item and/or provide a replacement item, and accept a return of the item.
  • If a User doesn't resolve a claim, pursXchange.com reserves the right to remove the account and suspend all further use of the site.
  • Users are obligated to provide true, honest information about their items. If a User is not truthful about their item, then that User be may removed from the site.

Service
Joining purseXchange.com and bidding on listed items is free.

We do not transfer legal ownership of items from the User to User, and nothing in this agreement shall modify the governing provisions of The Nevada Revised Statutes (NRS) are the current codified laws of the State of Nevada, unless the buyer and the seller agree otherwise. Further, we cannot guarantee continuous or secure access to our site, services or tools, and operation of our site, services or tools may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising, directly or indirectly, out of your use of or your inability to use our sites, services and tools.

Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

If you have a dispute with one or more Users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

Access and Interference
The site contain robot exclusion headers. Much of the information on the sites is updated on a real-time basis and is proprietary or is licensed to purseXchange.com by our Users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the sites for any purpose without our express hand written permission. Doing so may cause your removal from pursexchange.com

Additionally, you agree that you will not:
  • take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
  • copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your information) from the sites without the prior express written permission of purseXchange.com and the appropriate third party, as applicable;
  • interfere or attempt to interfere with the proper working of the sites, services or tools, or any activities conducted on or with the sites, services or tools; or
  • bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the site.

Privacy
We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in the purseXchange.com Privacy Policy. We view protection of Users' privacy as a very important community principle. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. You can access and modify the information you provide us and choose not to receive certain communications by signing-in to your account. If you object to your information being transferred or used in this way please do not use our services.

Indemnity
You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures 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 this Agreement, or your violation of any law or the rights of a third party.

No Agency
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

Notices
Except as explicitly stated otherwise, legal notices shall be served on purseXchange.com's registered agent (in the case of purseXchange.com) or to the email address you provide to purseXchange.com during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.

Resolution of Disputes
If a dispute arises between you and purseXchange.com, our goal is to provide you with a means of resolving the dispute quickly. Accordingly, you and purseXchange.com agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

Law and Forum for Disputes - This Agreement shall be governed in all respects by the laws of the State of Nevada as they apply to agreements entered into and to be performed entirely within Nevada between Nevada residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against purseXchange.com must be resolved exclusively by a state or federal court located in Clark County, Nevada, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within Clark County, Nevada for the purpose of litigating all such claims or disputes.

Arbitration Option - For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, either party may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Each of these policies may be changed from time to time. Changes take effect when we post them on the purseXchange.com site. When using particular services on our sites, you are subject to any posted policies or rules applicable to services you use through the sites, which may be posted from time to time. All such policies or rules are hereby incorporated into this Agreement.

General
J3 Media, LLC and purseXchange is located at 9550 South Eastern Ave., Suite 253, Las Vegas, Nevada 89123. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, we may assign this Agreement in accordance with the Notices Section. Headings are for reference purposes only and do not limit or expand the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.

We may amend this Agreement at any time by posting the amended terms on this site. Except as stated elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted. Additionally, we will notify you through the purseXchange.com Message Center.

This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The following Sections survive any termination of this Agreement: Fees and Services (with respect to fees owed for our services), Release, Content, Liability, Indemnity and Resolution of Disputes.