TERMS AND CONDITIONS OF USE
Last Updated August, 2025 (the “Effective Date”)
Welcome to Propswap.com. PropSwap, Inc. and its affiliates
(collectively, “PropSwap,” “We,” “Us,” or “Our”) provide
certain content and services, including this website and the PropSwap application (collectively, the
“Services”). These
Terms and Conditions of Use are effective as of the Effective Date. PropSwap provides the Services to users such
as you
(“You” or “Your”) subject to the following Terms and Conditions, Your acceptance of which constitutes this
Agreement
(this “Agreement”):
1. ACCEPTANCE OF TERMS AND
CONDITIONS. By using the Services, You represent that You have read and understood
this Agreement and expressly agree to be bound by
its terms without modification. You further acknowledge and agree that PropSwap has the right to update and make
any
changes to this Agreement, at its sole discretion, with or without notice, which become binding upon Your
continued use
of the Services. It is Your responsibility to periodically review this Agreement for any changes. IF YOU DO NOT
AGREE TO
ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT WITHOUT MODIFICATION, THEN YOU MAY NOT ACCESS OR USE THE
SERVICES.
2. DESCRIPTION OF SERVICES. PropSwap provides the Services to facilitate the sale of a sports betting ticket (“Ticket”),
or mobile sports wager,
issued by a U.S.-based, state-licensed and regulated sports book (“Sportsbook”), by the owner of the Ticket
(“Seller”)
to a buyer (“Buyer”), who purchases the Ticket from the Seller. You acknowledge and agree that PropSwap does not
set the
line, odds or price for any wagers made at any Sportsbook, and PropSwap does not set or approve the price of any
Ticket
(the “Sale Price”) posted for sale. Seller has the sole authority to determine the Sale Price, and Buyer has the
sole
discretion to purchase the Ticket at the Sale Price if Buyer so chooses. You acknowledge and agree that PropSwap
serves
solely as the intermediary between Seller and Buyer, and PropSwap does not receive any winnings from a Ticket,
nor a
portion thereof. For the avoidance of doubt, PropSwap shall not be deemed to have received any winnings from a
Ticket or
any portion thereof by virtue of PropSwap receiving any Commission (as hereinafter defined).
3. USER ACCOUNT AND ACCURATE
INFORMATION. To access and use the Services, You must be at least 21
years of age, register with PropSwap, and create a PropSwap user
account (“Account”). To create an Account, You must provide PropSwap with certain information, including Your:
(a) full
name; (b) state of residency; (c) date of birth; (d) email address; (e) credit card or banking information,
including
without limitation detailed information; and (f) any additional information that PropSwap may request in order
to verify
Your age and identity (collectively “Registration Information”). You hereby agree to provide complete and
accurate
disclosure of the Registration Information, and further represent and warrant that the Registration Information
is
complete and accurate in all respects and is neither false nor misleading. PropSwap is entitled to verify the
Registration Information and reserves the right to deny any user access to the Services and revoke any Account,
in its
sole and exclusive discretion, without providing details of the basis for denial or revocation. You are
responsible for
protecting Your password, username, and other login information, and You will be held responsible for any
interaction
that occurs with or via the Services in connection with Your Account. You are the only person authorized to use
Your
Account, and You agree to inform PropSwap of any unauthorized use of or access to the Services.
4. MINIMUM AGE REQUIREMENT.
Persons under the age of 21 are strictly prohibited from using the Services. By using our Services, You
represent and
warrant that You are at least 21 years of age and have the legal right and capacity to enter into binding
agreements,
including without limitation this Agreement. PropSwap does not knowingly or intentionally solicit or collect
information
from persons under the age of 21. If You are a parent or guardian of a minor and You have determined that said
minor has
provided personal information to PropSwap or utilized our Services, please contact us at info@propswap.com so that We can delete such
information and close the minor’s Account.
5. PAYMENTS INFORMATION. To utilize the Services You must establish and authorize the use of a personal checking
account, or credit card, in
connection with Your PropSwap Account. You acknowledge and agree that PropSwap intends to comply with all
applicable
laws, including anti-money laundering and anti-terrorism laws. PropSwap may, in accordance with its Privacy
Policy,
either voluntarily or be compelled to comply with legal authorities and/or regulatory officials by disclosing to
them
Your Account and Registration Information. You further agree that by Your use of the Services, PropSwap will not
be in
violation of any professional secrecy, confidentiality, or data protection laws in any jurisdiction, and
PropSwap will
not be liable to You for any information turned over to authorized third parties.
6. MAKING PAYMENT. You agree that You are solely responsible for making payments in connection with Your
Account. You agree that You will
not attempt to reverse, withhold, cease, stop or suspend any pending or processed payments. You agree that
PropSwap is
entitled to and shall be paid a fee or commission of Ten Percent (10%) of the Sale Price of the Ticket as
consideration
for providing the Services (the “Commission”). PropSwap may use one or more third parties, including payment
processors
and financial institutions, to facilitate and process purchases and sales of Tickets (each, a “Transaction”),
and this
Agreement is not intended to alter or supersede agreements with third-party payment processors. You further
agree that
PropSwap reserves the right to restrict payment methods, including restrictions on certain financial
institutions, as
well as currencies. PropSwap reserves the right to modify payment processes at any time. You agree that PropSwap
may, at
any time, reverse, withhold, cease, stop or suspend any payments, temporarily or permanently, at its sole
discretion. In
addition, PropSwap reserves the right to charge Your payment methods on file for amounts owed, costs incurred,
and other
fees associated with the Services. Under no circumstances shall PropSwap be held liable for unauthorized credit
card
charges. Further, PropSwap reserves the right to contact the appropriate legal authorities and/or regulatory
officials
to report suspicion of fraud or other unlawful activity, and PropSwap may take any lawful actions to pursue and
collect
payments from You.
7. RECEIVING PAYMENT. For mobile Tickets, all payments credited to Buyer’s Account will be released within three
(3) to five (5) business days
after the Ticket’s event has concluded and the outcome of the wager has been determined, and the Seller has
remitted the
winning funds. You will not be entitled to any interest from the Transaction. Payment may be delayed for reasons
including, but not limited to: (a) third-party errors or mistakes; (b) if, following a sale, PropSwap does not
timely
receive the Ticket from Seller; (c) errors in payment, including reversals or chargebacks; (d) technical or
clerical
errors or mistakes; and (e) internal errors or mistakes. PropSwap shall not be liable for any reversals or
chargebacks,
and may require additional Ticket information, including proof that the Ticket was delivered within the
applicable
delivery timeframe. Once a Ticket sells, a One Hundred Dollar ($100.00) holding charge will be placed on
Seller’s
payment method, which will be released when PropSwap receives the Ticket from Seller. Upon a sale, Seller will
receive a
confirmation Email with detailed instructions explaining how to deliver the sold Ticket to PropSwap. However, if
PropSwap does not receive the Ticket within seven (7) days, Seller will be charged Fifty Percent (50%) of the
payout on
the Ticket, or Two Hundred Fifty Dollars ($250), whichever is greater. For mobile Tickets, the Seller is fully
liable
for the full collection amount that is listed on PropSwap. All tickets posted on PropSwap must be net of taxes,
as
PropSwap is not responsible for any taxes withheld for winning wagers.
8. TRANSACTIONS AND TICKET
REDEMPTION. If a wager on a Ticket becomes a winning wager, the Ticket
qualifies for redemption by the Sportsbook, and the Ticket
will then be sent by PropSwap to Buyer. In the case of a paper Ticket, PropSwap will use standard U.S. Mail to
ship the
Ticket to the Buyer’s address in accordance with Buyer’s Account information. Buyer will be charged a handling
fee to
cover the cost of shipping the Ticket to Buyer’s address. As a Buyer, You agree that the You are solely
responsible to
present the Ticket to the issuing Sportsbook to redeem the payment owed on the winning wager, and PropSwap will
not cash
a winning Ticket for You at the Sportsbook. As a Seller, depending on the requirements of the regulatory
authority
having jurisdiction over the Sportsbook, You may be asked to assist the Buyer with the Ticket Redemption
process, and in
such cases, You agree to assist the Buyer at no additional cost. You further agree that you will report any
unauthorized
Transaction, or any errors, mistakes, and delays concerning a Transaction, to PropSwap.
9. HOUSE RULES AND
SELF-EXCLUSION. All Tickets purchased on PropSwap are subject to the house rules
of the issuing Sportsbook, which determines results of
the wager. The Sportsbook is the only authority responsible for providing and/or setting betting line
information and
determining whether a Ticket is a winning Ticket qualified for redemption. A Buyer who is self-excluded from a
casino
may be unable to redeem his or her Ticket even if the Buyer had not entered the issuing Sportsbook in connection
with
obtaining the Ticket.
10. COUNTERFEIT, FRAUDULENT, INVALID, OR DEFECTIVE
TICKETS. If a Ticket You are selling is reported as counterfeit, not
rightfully yours, fraudulent, invalid, or defective
(“Non-Redeemable”), PropSwap will investigate the circumstances, documentation, and support underlying the
report, and
may request additional documentation and support from You or others, including the issuing Sportsbook, to
determine the
Ticket’s validity. If the Ticket is found to be Non-Redeemable, You will be in direct violation of this
Agreement. As a
result, PropSwap may charge Your payment method the amount of the Sale Price plus any investigative or
dispute-related
costs. In addition, Your Account may be suspended, terminated, or revoked in PropSwap’s sole
discretion.
11. COMPLIANCE WITH APPLICABLE LAW. You agree that You will comply with all applicable local, state, federal, and international
laws and regulations when
using the Services. Although PropSwap does not consider the use of the Services to be betting or wagering, it is
Your
responsibility to determine whether the Services are in violation of gaming or other laws in the state and local
jurisdiction in which You are using them.
12. LOCATION
TRACKING. By using the Services, You hereby consent to PropSwap’s location verification process, and
You further acknowledge and
agree that the location of Your wireless device is information owned by Your wireless carrier, and You have no
expectation of privacy when using Your Account as it relates to the identification of Your location. PropSwap
reserves
the right to void any Ticket purchase(s) reasonably believed to have been made in violation of law or this
Agreement.
13. PROHIBITED USER CONDUCT. You hereby agree, represent, and warrant that You will not, nor will You allow or assist
others in engaging in the
following conduct:
a. Attempt or actually remove, circumvent, disable,
damage, override, or otherwise interfere with security features or
other features related to the Services;
b. Interfere with the use and enjoyment of any
users, including overloading, flooding, crashing, or disrupting the Services
in any way;
c. Attempt or actually gain unauthorized access to
Services through hacking, password mining, or other means;
d. Attempt or actually reverse engineer, decompile
or disassemble, or otherwise extract, generate, or retrieve source code,
or use any robot, spider, scraper, or other technology to access, bypass, or modify the Services, including any
content
or features of the Services;
e. Attempt or actually engage in “hacking” of any
kind, or cause damage to the Services through means of uploading or
disseminating viruses, works, trojans, logic bombs, or other codes that may be malicious or harmful;
f. Access or use the Services if You are under the
age of 21 years old;
g. Access, reproduce, duplicate, copy, sell, trade,
resell, or use the Services for commercial use;
h. Access the Services for any illegal purpose, or
violate any local, state, national, or international law, including,
without limitation, laws governing intellectual property and other proprietary rights, data protection and
privacy,
rights of publicity, and import or export control; or
i. Engage in any other unreasonable, inappropriate
or illegal conduct or wrongdoing, on or apart from the Services.
14. INDEMNIFICATION. You agree, to the fullest extent permitted under
applicable law, to indemnify, defend, and hold harmless PropSwap, Inc.
its affiliates, and PropSwap application distributors, including Apple® and Google®, and each of their
respective
members, managers, shareholders, directors, officers, employees, agents and representatives from and against any
and all
complaints, demands, claims, damages (including without limitation consequential, indirect, incidental, special,
unforeseen, exemplary or punitive damages, including diminution of value, lost profits, lost revenues, business
interruption, loss of business reputation or opportunity or any damages based on any type of multiple), actions,
suits,
liabilities, losses, costs and expenses, including without limitation attorney’s fees, due to, arising out of,
or
relating in any way to Your access to or use of the Services, Your content, or Your breach of this Agreement
(collectively, a “Claim”). In no event shall You settle any Claim without Our prior written consent. We reserve
the
right, without waiving any rights to indemnification, including reimbursement of reasonable attorneys’ fees and
costs,
to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, without
Your
prior written consent. All indemnification obligations shall remain in effect, even after the termination of
Your
Account or any expiration or termination of this Agreement.
15. RIGHT TO DENY, LIMIT, OR TERMINATE ACCESS AND
SUSPEND OR CLOSE YOUR ACCOUNT. You agree that We may, without prior
notice, immediately limit, suspend, or terminate Your Account and prohibit access
to the Services. Grounds for such action include but are not limited to (a) requests from law enforcement or
regulatory
officials (which may also result in forfeited and/or seized funds); (b) unexpected technical or security issues
or other
problems; (c) extended periods of inactivity; (d) fraudulent or illegal activities; (e) any Prohibited User
Conduct; (f)
misuse of the Services; and (g) violation of this Agreement. WE RESERVE THE RIGHT TO REFUSE ACCESS TO ANY PERSON
FOR ANY
REASON, TEMPORARILY OR PERMANENTLY, WITHOUT NOTICE. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR TO ANY THIRD
PARTY
FOR ANY DENIAL OR RESTRICTION OF ACCESS, INCLUDING SUSPENSION OR TERMINATION, OR ANY DAMAGES ALLEGED TO ARISE
OUT OF OR
RELATE THERETO. We reserve the right to make use of any personal, technological, legal, or other means available
to
enforce this Agreement, at any time without liability and without the obligation to give You prior notice,
including,
but not limited to, preventing You from accessing the Services. If Your Account is terminated by You or by Us
for any
reason, this Agreement continues and remains enforceable between You and PropSwap. Further, PropSwap reserves
the right
to cancel pending Transactions, and You may not be entitled to a refund for Tickets purchased, even if that
Ticket is
qualified for redemption. After Your Account is terminated, Your information will be maintained and/or deleted
in
accordance with our Privacy Policy.
16. PRIVACY. PropSwap’s
PropSwap’s Privacy Policy can be found at www.propswap.com/privacy-policy and is hereby incorporated by reference as
though fully set forth herein.
17. LIMITED LICENSE AND
ACCESS. Subject to Your compliance with this Agreement, PropSwap grants You a limited,
non-exclusive, non-transferable,
non-sublicensable license to access and use the Services. This license does not include any resale or commercial
use of
any portion of the Services or PropSwap intellectual property associated therewith. Any rights not explicitly
granted to
You by this Agreement are retained by PropSwap and its licensors, suppliers, publishers, rightsholders, or other
content
providers. No part of any Services may be duplicated, replicated, copied, sold, resold, visited, or otherwise
exploited
for any purpose without express written consent by PropSwap. The limited license hereby granted to You by
PropSwap shall
be terminated immediately if You fail to comply with the Terms and Conditions herein, and may be terminated by
PropSwap
at any time in PropSwap’s sole discretion.
18. PROPRIETARY RIGHTS.
PropSwap property and materials are subject to copyright and other proprietary rights, which are either owned by
Us or
that We are authorized to use under licenses from third parties. You acknowledge and agree that all intellectual
property rights in our trademarks, trade names, service marks, logos, brand features, product and service names
vest in
us and/or third-party licensors. Except as expressly permitted by applicable law or as authorized by Us or the
applicable licensor (such as an advertiser), You agree not to modify, rent, lease, loan, sell, distribute,
transmit,
broadcast, create, or publicly perform derivative works based on the Services in whole or in part.
19. DISCLAIMERS; NO WARRANTIES; LIMITATION OF
LIABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS.
YOU AGREE THAT YOUR USE OF THE SERVICES IS AND WILL BE AT YOUR SOLE RISK.
ACCORDINGLY, TO THE FULLEST EXTENT PERMITTED BY LAW, PROPSWAP LLC, ON BEHALF OF ITSELF AND ITS AFFILIATES, AND
EACH OF
THEIR RESPECTIVE MEMBERS, MANAGERS, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES
HEREBY
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES, THE TECHNOLOGY INVOLVED IN
PROVIDING THE
SERVICES, OR ANY OTHER SUBJECT MATTER OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION YOUR USE OF THE SERVICES
AND THE
TECHNOLOGY, AND SPECIFICALLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NOININFRINGEMENT WITH RESPECT TO ANY OR ALL OF THE FOREGOING. NEITHER WE NOR OUR SUPPLIERS, PARTNERS,
AFFILLIATES, OR
APPLICATION DISTRIBUTORS WARRANT THAT FUNCTIONS OR FEATURES OF THE SERVICES WILL BE ERROR FREE OR UNINTERRUPTED,
THAT
DEFECTS WILL BE CORRECTED, OR THAT THE TECHNOLOGY THAT MAKES THE SERVICES AVAILABLE ARE OR WILL BE FREE OF
VIRUSES OR
DEFECTS.
b. PROPSWAP MAKES NO REPRESENTATIONS OR WARRANTIES
AS TO THE EFFICACY OR SAFETY OF THE SERVICES AND SHALL NOT BE LIABLE OR
RESPONSIBLE FOR ANY: (i) ERRORS, MISTAKES, OR INACCURRACIES OF CONTENT AND MATERIALS; (ii) PERSONAL INJURY OR
PROPERTY
DAMAGE RESULTING FROM OR IN CONNECTION WITH YOUR USE OF THE SERVICES; (iii) ANY UNAUTHORIZED ACCESS TO OR USE OF
THE
SERVICES AND/OR ALL INFORMATION STORED THEREIN, INCLUDING REGISTRATION INFORMATION; (iv) ANY INTERRUPTION TO THE
SERVICES, INCLUDING BUT NOT LIMITED TO DISRUPTION CAUSED BY BUGS, VIRUSES, TROJAN HORSES; OR (v) ANY ERRORS OR
OMISSIONS
IN ANY CONTENT AND MATERIALS THAT RESULT MAY RESULT IN DAMAGE OR HARM.
c. PROPSWAP DOES NOT WARRANT, ENDORSE, GUARANTEE,
OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY. PROPSWAP WILL NOT BE A
PARTY TO OR IN ANY WAY BE RESPONSBILE FOR ANY TRANSACTION BEWEEN YOU AND ANY THIRD PARTY, INCLUDING WITHOT
LIMITATION
THROUGH USE OF THE SERVICES, AND IN NO EVENT WILL PROPSWAP BE LIABLE TO YOU OR A THIRD PARTY FOR ANY INCIDENTAL,
CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST WAGERS OR LOST PROFIT DAMAGES RESULTING
FROM YOUR
USE OF THE SERVICES.
d. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE ENTERED
INTO THIS AGREEMENT WITH KNOWLEDGE AND UNDERSTANDING OF THE WARRANTY
DISCLAIMERS AND LIMITATIONS OF LIABILITY EXPRESSED HEREIN, AND THAT THERE IS A FAIR ALLOCATION OF RISK BETWEEN
YOU AND
PROPSWAP. YOU FURTHER AGREE THAT THESE TERMS AND CONDITIONS ARE FAIR AND ECONOMICALLY REASONABLE, IN
CONSDIERATION OF
THE SERVICES.
20. CHOICE OF VENUE AND CLASS-ACTION
WAIVER.
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS
YOUR LEGAL RIGHTS.
YOU IRREVOCABLY AGREE THAT ANY LEGAL DISPUTE
(WHETHER BASED ON CONTRACT, TORT OR OTHERWISE) IN CONNECTION WITH ANY
MATTER BASED UPON, ARISING OUT OF OR RELATED TO, THE SERVICES, THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED
HEREIN
SHALL BE BROUGHT ONLY IN, AND SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF, THE SUPERIOR COURT OF NEW
JERSEY,
ATLANTIC COUNTY VICINAGE, AND YOU HEREBY CONSENT TO THE JURISDICTION OF SUCH COURT (AND OF THE APPROPRIATE
APPELLATE
COURTS THEREFROM) IN ANY SUCH SUIT, ACTION OR PROCEEDING AND AGREE THAT PROCESS MAY BE SERVED UPON YOU VIA YOUR
REGISTERED EMAIL ADDRESS WITH PROPSWAP AND IRREVOCABLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW,
AND
COVENANT NOT TO ASSERT OR PLEAD ANY OBJECTION YOU MAY NOW OR HEREAFTER HAVE TO THE LAYING OF THE VENUE OF ANY
SUCH SUIT,
ACTION OR PROCEEDING IN ANY SUCH COURT OR THAT ANY SUCH SUIT, ACTION OR PROCEEDING BROUGHT IN ANY SUCH COURT HAS
BEEN
BROUGHT IN AN INCONVENIENT FORUM. YOU ACKNOWLEDGE AND AGREE THAT ANY CONTROVERSY WHICH MAY ARISE IN CONNECTION
WITH ANY
MATTER BASED UPON, ARISING OUT OF OR RELATED TO, THE SERVICES, THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED
HEREIN IS
LIKELY TO INVOLVE COMPLICATED AND DIFFICULT ISSUES AND, THEREFORE, YOU IRREVOCABLY AND UNCONDITIONALLY WAIVE ANY
RIGHT
YOU MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LEGAL ACTION ARISING OUT OF, OR RELATING TO, THE SERVICES,
THIS
AGREEMENT, OR THE TRANSACTIONS CONTEMPLATED HEREBY.
You also agree not to participate in claims
brought in a private attorney general or representative capacity,
consolidated claims involving another person's Account, or any class action, if PropSwap is a party to the
proceeding. This means that the only claims you can bring are your own and you may not be part of any class of
persons
alleging any wrongdoing by PropSwap.
You agree that any claim brought by PropSwap
against you may be brought as a summary action under the New Jersey Rules
of Court (Rule 4:67) and that you will not oppose such application to proceed summarily by PropSwap. This means
that any
such claim will be on an expedited basis and that it will likely proceed to trial within 60-90 days of filing.
YOU IRREVOCABLY AGREE THAT ANY LEGAL DISPUTE
YOU CERTIFIY AND ACKNOWLEDGE THAT: (i) NO REPRESENTATIVE OF PROPSWAP OR ANY OTHER PERSON HAS REPRESENTED,
EXPRESSLY OR
OTHERWISE, THAT PROPSWAP OR ANY OTHER PERSON WOULD NOT SEEK TO ENFORCE THE FOREGOING WAIVER IN THE EVENT OF A
LEGAL
ACTION; (ii) YOU HAVE CONSIDERED THE IMPLICATIONS OF THIS WAIVER; (iii) YOU MAKE THIS WAIVER VOLUNTARILY; AND
(iv)
PROPSWAP BEEN INDUCED TO ENTER INTO THIS AGREEMENT BY, AMONG OTHER THINGS, THE WAIVERS AND CERTIFICATIONS IN
THIS
SECTION 20.
21. GOVERNING LAW. This Agreement and Services provided by PropSwap are governed by the laws of the State of New
Jersey, and any dispute
relating to this Agreement or the Services provided shall be resolved under New Jersey law without regard to
choice of
law principles.
22. CONTACT
PROPSWAP. If You have any questions or concerns, or if You would like to report a violation of this
Agreement, please contact
PropSwap at:
23. MISCELLANEOUS TERMS.
a. SEVERABILITY. If any provision of this Agreement shall held by
a court of competent jurisdiction to be unlawful, void, or for any
reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the
validity and enforceability of any remaining provisions.
b. WAIVER. A provision of this Agreement may be waived only
by a written instrument executed by the party entitled to the benefit
of such provision. The failure of any party at any time to require performance of any provision of this
Agreement shall
in no manner affect such party’s right at a later time to enforce the same.
c. ELECTRONIC ACCESS AND
SIGNATURE. You have the right to retain this Agreement in electronic format or hard copy,
if You so choose. Your continued
interactions with the Services, which are provided in electronic format is adequate to form an electronic
signature.
d. ASSIGNMENT. This Agreement, and any rights and licenses
granted hereunder, may not be transferred or assigned by You, but may be
assigned or transferred by PropSwap without restriction.
e. SURVIVAL. All options, rights, and covenants contained
herein that are intended to survive will survive the expiration or
termination of this Agreement. Any provisions concerning the limitations of liability, disclaimers, and
indemnification
contained herein will survive any expiration or termination of this Agreement.
f. HEADINGS. The heading references herein are for
convenience only, do not constitute a part of this Agreement and shall not be
deemed to limit or affect any of the provisions hereof.
g. ENTIRE AGREEMENT. This Agreement, as it may be amended from time to time, including any documents referred to herein,
constitutes the
entire and exclusive statement of Agreement between the parties with respect to its subject matter, superseding
any and
all previous proposals, representations or statements, oral or written. In entering into this Agreement, neither
party
has relied upon any statement, representation, warranty, nor agreement of the other party except for those
expressly
contained in this Agreement. Any representations, warranties, or promises alleged between the parties pertaining
to the
subject matter of this Agreement that differ in any way from this Agreement’s provisions are of no effect. The
provisions of this Agreement may not be explained, supplemented or qualified through evidence of trade usage or
a prior
course of dealings. There are no conditions precedents to the effectiveness of this Agreement other than those
expressly
stated in this Agreement.
h. CARRIER CHARGES. You may incur charges from Your carrier and/or internet service provider in relation to the
use of the Services.
PropSwap is not responsible for any carrier charges associated with the use of the Services.