Terms of Service

Last Revised Date: March 26, 2026

Introduction

You are entering into this Agreement with SidelineSwap, Inc ("SidelineSwap," "we," "us," and/or "our"). When you (individually, or the entity that you represent) access our Services, including purchasing Items from SidelineSwap, you are agreeing to the Terms of Service (the “Agreement”) below. By accessing the Services, you agree to be bound by this Agreement, and any additional terms referenced herein.

We reserve the right, at our sole discretion, to change or modify portions of this Agreement at any time without further notice. You should periodically visit this page to review the current Agreement so you are aware of any revision to which you are bound and print a copy of these Terms for your records. If we do this, we will post the changes to this Agreement on this page and will indicate at the bottom of this page the date these terms were last revised. We may also notify you, either through the Services user interface, in an email notification or through other reasonable means. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Agreement. If you do not agree with this Agreement or any terms referenced herein, do not use or access (or continue to use or access) the Service.

PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST COMPANY ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS. PLEASE INDICATE YOUR ACCEPTANCE TO THESE TERMS IN ACCORDANCE WITH THE INSTRUCTIONS PROVIDED BY SIDELINESWAP. INDICATING ACCEPTANCE ESTABLISHES A BINDING AND EXECUTED WRITTEN AGREEMENT BETWEEN YOU AND SIDELINESWAP. IF YOU DO NOT ACCEPT THESE TERMS, YOU CANNOT USE THE SERVICE.

The Terms include, and incorporate by reference, the following policies: the SidelineSwap Privacy Policy, the Fee Policy, and the Prohibited Items Policy.

Access and Use of the Service

Services Description: This Agreement applies to all SidelineSwap services, including the SidelineSwap mobile app (on any and all formats or devices), the website located at https://www.sidelineswap.com (collectively, the “Service(s)”), and SidelineSwap’s own sales of items on the website or the mobile app. The Service is a technology platform that provides an online social marketplace for sporting goods in which consumers and businesses can list and sell their items, and buyers can browse and purchase such items. Users who purchase Items through the Service are “Buyers,” and users who list and sell Items through the Service are “Sellers.” Please note that for certain items SidelineSwap may act as a seller to “Buyers.” (“1st Party Sales”). A user may be both a Buyer and Seller. All purchases are made directly (and any contract for purchase and sale is) between the Buyer and Seller, except in the case of 1st Party Sales, in which case the contract is between Buyer and SidelineSwap. The Service includes pricing and listing assistance and shipping, but not buying or selling. We may also help facilitate the resolution of disputes between our Buyers and Sellers, but, SidelineSwap has no control over and does not guarantee (a) the existence, quality, safety, authenticity, or legality of Items advertised on the Service; (b) the truth or accuracy of Sellers' content or listings on the Service; (c) the ability of Sellers to sell Items through the Service and ship Items within required shipping windows; (d) the ability of Buyers to pay for Items purchased through the Service; or (e) that a Buyer or Seller will actually complete a transaction, effectuate trouble-free delivery and shipping, or return an Item through the Service. In the case of 1st Party Sales, SidelineSwap also has no control over and does not guarantee the quality, safety, authenticity, or legality of products SidelineSwap sells on the website or mobile app.

Third Party Services: You may register for the Service using third party services (e.g., Facebook Connect) and otherwise enable various third party services to be directly integrated into your SidelineSwap experience. By directly integrating these services into the Service, we make your online experiences richer and more personalized. To take advantage of these features, we may ask you to register for or log into such services on the websites of their respective providers. By enabling third party services within the Service, you are allowing us to pass your log-in information to these service providers for this purpose. For more information about the implications of activating these third party services and SidelineSwap's use, storage and disclosure of information related to you and your use of such services within the Service (including your friend lists and the like), please see our Privacy Policy at https://www.sidelineswap.com/privacy. However, please remember that the manner in which third party services use, store and disclose your information is governed solely by the policies of such third parties, and SidelineSwap shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within the Service.

In addition, SidelineSwap is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with third party services. As such, SidelineSwap is not liable for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such third party service. SidelineSwap enables these features merely as a convenience and the inclusion of such features does not imply an endorsement or recommendation.

Your Registration Obligations: You may also be permitted to register with the Service directly. In any case, if you choose to register for the Service (whether directly or through a third party service), you agree to provide and maintain true, accurate, current and complete information about yourself. Registration data and certain other information about you are governed by our Privacy Policy. The Service is available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, the Service is not available to minors (people under the age of majority in their state or province of residence) or to temporarily or permanently suspended members of the Service. If you do not qualify, please do not use the Service. Additionally, SidelineSwap reserves the right to refuse access to, or use of the Service to anyone, and may terminate any account, at anytime, in its sole discretion. You are only authorized to create and use one account for the Service and are prohibited from using alter egos or other disguised identities when using the Service.

Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify SidelineSwap of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. SidelineSwap will not be liable for any loss or damage arising from your failure to comply with this Section.

Modifications to Service: SidelineSwap reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that SidelineSwap shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

General Practices Regarding Use and Storage: You acknowledge that SidelineSwap may establish general practices and limits concerning use of the Service. You agree that SidelineSwap has no responsibility or liability for the deletion or failure to store any data or other content maintained or transmitted by the Service. You acknowledge that SidelineSwap reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that SidelineSwap reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

Mobile Services: When you access the Service through a mobile device, your wireless service carrier's standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain mobile services may be prohibited or restricted by your carrier, and not all mobile services may work with all carriers or devices. You acknowledge and agree that your use of the Service must be in accordance with the usage rules established by your mobile device platform or service provider.

Friend Referral Program: SidelineSwap may from time to time offer credits to existing users that refer new users to the Service using the invite code provided by SidelineSwap to such existing users. SidelineSwap may also make certain credits available to such new users using that invite code. The amount and requirements to earn such credits will be determined, and may change, from time to time in SidelineSwap's sole discretion and such program may be terminated by SidelineSwap at any time, in each case with or without notice to you. Furthermore, SidelineSwap reserves the right to limit the number and/or amount of credits that may be earned with respect to any existing user with or without notice to you. To be eligible for a credit (whether granted to an existing user or new user), the new user must be an individual that has never registered for the Service and must be using a device (not the web) for sign-up and the device being used must not be associated with an existing SidelineSwap account. You agree that any credit granted: (1) cannot be traded for cash or any other service; (2) may not be sold or transferred in any manner, or made available to the general public (whether posted to a public forum or otherwise), unless expressly permitted by SidelineSwap; (3) cannot be acquired via public distribution where you are a contributor but not the primary content owner (e.g. coupon websites); (4) may expire prior to your use; (5) may be voided or deducted by SidelineSwap at any time for any reason without liability to SidelineSwap, if SidelineSwap believes in its sole discretion that such credits resulted from fraud or other misuse of the Referral program or the Service. If your account has been suspended (see "Termination" below), you will not be able to use such credits during the duration of your account suspension.

Conditions of Use

User Conduct: You are solely responsible for all descriptions, pictures of items, listings, information, data, text, software, music, sound, graphics, video, messages or other materials ("content") that you upload, post, publish or display (hereinafter, "post") or otherwise transmit via the Service, and for all items that you sell or purchase via the Service. The following are examples of the kind of items, content and/or use that is illegal or prohibited by SidelineSwap. SidelineSwap reserves the right to investigate and take appropriate legal action against anyone who, in SidelineSwap's sole discretion, violates this provision, including without limitation, removing the offending items or content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Service to:

  1. sell, post or otherwise transmit any item or content that (i) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another‘s privacy, hateful racially, ethnically or otherwise objectionable; (ii) you do not have a right to sell or transmit under any law or under contractual or fiduciary relationships; (iii) poses or creates a privacy or security risk to any person; (iv) infringes any intellectual property or other proprietary rights of any party; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, "junk mail," "spam," "chain letters," "pyramid schemes," "contests," "sweepstakes," or any other form of solicitation; (vi) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or (vii) in the sole judgment of SidelineSwap, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose SidelineSwap or its users to any harm or liability of any type;
  2. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  3. solicit personal information from anyone under the age of 18;
  4. harvest or collect email addresses or other contact information of other users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
  5. advertise or offer to sell or buy any goods or services other than those items intended to be sold and purchased through the Service;
  6. take any transaction or communications off-site;
  7. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or
  8. violate any applicable local, state, national or international law, or any regulations having the force of law;
  9. engage in any activities that violate the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq. and its regulations at 47 C.F.R. § 64.1200; the Do-Not-Call Implementation Act, 15 U.S.C. § 6101 et seq.; or any similar consumer protection anti-spam, data protection, or privacy legislation in any jurisdiction;
  10. further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
  11. obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.

Special Notice for International Use; Export Controls: Software available in connection with the Service and the transmission of applicable data, if any, is subject to United States ("U.S.") export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.

Purchase and Sale Transactions

Fees; Transactions: Registering for the Service is free; however, SidelineSwap charges Sellers certain fees for various transactions effected through the Service. Our Fee Policy is available in the Help Center and is incorporated herein by reference. Unless otherwise stated, all fees are quoted in U.S. Dollars.

Taxes; Shipping Costs; Buyer Responsibility: Items purchased by and shipped to Buyers in locations in the U.S. may be subject to applicable state or local sales or use tax, privilege tax or similar transaction-based taxes ("State Tax"). Items purchased by and shipped to Buyers in locations outside the U.S. may also be subject to applicable taxes, including value added taxes (collectively with State Tax, "Taxes"). The amount of Taxes is based on a number of factors, including but not limited to the type of Items purchased, the Buyer's designated delivery address, and/or the location of the Seller and the Items sold on the website and mobile app.

Buyers are responsible for paying the applicable purchase price for a purchased Item to the Seller, and to SidelineSwap in the case of 1st Party Sales, as well as any shipping costs and paying applicable Taxes and/or duties associated with the purchase and sale of any Items through the Service or from SidelineSwap. For Buyers in the U.S., the rate of Tax applied to purchases of taxable Items is a combined rate based on the state and local rates of the address where the Items are delivered to or shipped from.

Buyers may use certain SidelineSwap promotions or credits towards the purchase of Items. Depending on the type of promotion or credit used, it may reduce the amount of Taxes that apply to a Buyer's order. The application of the promotion or credit will be reflected at the time of checkout and on the receipt of purchase.

Tax and shipping costs are not included in the listed price for any Items listed by Sellers through the Service or by SidelineSwap in the case of 1st Party Sales but will be displayed to Buyers before confirmation of any purchase.

Estimated Taxes: When a Buyer chooses to make an offer an estimated amount of Tax will be displayed. The estimated amount of Taxes is an estimate of applicable Taxes based on several factors, including the offer price, Buyers designated delivery address and rates of Taxes in effect at that time. If the offer price is accepted, the amount a Buyer is charged will include the amount of estimated Taxes displayed when the offer is submitted. If there is a counteroffer from the Seller, or by SidelineSwap in the case of 1st Party Sales, the amount a Buyer is charged will include the amount of estimated Taxes displayed when the counteroffer is accepted. The amount of Taxes may change and be updated when the order is finalized and completed through the Service or by SidelineSwap in the case of 1st Party Sales.

Marketplace Collection; Taxes; Commissions; Seller Responsibility: SidelineSwap will collect Taxes from Buyers on behalf of Sellers where we are legally obligated to do so including those states, countries and provinces that have enacted legislation requiring marketplaces, like SidelineSwap, to collect Taxes on behalf of sellers or in lieu of collection by sellers. In these states, countries and provinces the amount of Taxes collected will be submitted by SidelineSwap to the appropriate taxing authority. In those states where SidelineSwap does not collect Taxes on behalf of Sellers, Sellers are responsible for collecting and submitting any Taxes to the appropriate taxing authority in accordance with relevant state or local laws. SidelineSwap will also collect Taxes on its own sales where required to do so and will remit such collected taxes to the appropriate jurisdiction.

Sellers are responsible for paying SidelineSwap's commission as well as all taxes imposed or measured by Seller's net income, profits, and/or revenues associated with the sale of any Items through the Service.

Payments: Buyers may pay for Items using credit cards or other payment methods. If you submit your payment information through the Service, then you authorize SidelineSwap to store that payment information and charge your payment method for any Item you purchase.

Fee Modifications: We reserve the right to change or discontinue, temporarily or permanently, some or all of the fees for the Service (including to lower fees for promotional events), and such changes are effective when we post information about the fee change through the Service. Additionally, we may change our Fee Policy at any time and in our sole discretion, and any changes to the Fee Policy are effective upon the posting of such changes to the Fee Policy.

Marketplace Risk: SidelineSwap is not affiliated with or endorsed by any manufacturer, retailer or brand of the items that users buy or sell through the Service: SidelineSwap is a marketplace and technology platform and is not involved in any transaction between Buyers and Sellers, does not obtain title to any purchased items and does not act as Buyer, Seller (or affiliate for a Buyer or Seller) or broker with respect to any such transactions, with the exception of 1st Party Sales. There are risks that you assume when dealing with other users (including those who may be acting under false pretenses). You agree that all of these risks are borne by you, and not SidelineSwap. We encourage you to use the various functionalities of the Service (e.g., our direct messaging platform) to help evaluate the user with whom you are dealing.

SidelineSwap does not control the behavior of users of the Service or the information or User Content (defined below) provided by other users. As a result, SidelineSwap does not guarantee or endorse the authenticity, quality, safety, or legality of any items offered or sold, the truth or accuracy of any listings, or the ability of sellers to sell items or of buyers to buy items. We cannot assure that all transactions will be completed. Additionally, SidelineSwap does not guarantee the ability or intent of users to fulfill their obligations in any transactions. SidelineSwap reserves the right to delay the completion of any transaction for a reasonable period of time for purposes of fraud detection and otherwise protecting SidelineSwap and its users from illegal or wrongful activities or other violations of these Terms.

FOR EVERY TRANSACTION THAT IS COMMENCED THROUGH THE SERVICE, YOU MUST MAKE YOUR OWN INDEPENDENT DETERMINATION REGARDING THE STATEMENTS, PRODUCT DESCRIPTIONS OR REPRESENTATIONS OF THE OTHER PARTY AND THE PARTY'S ABILITY TO PAY FOR OR DELIVER THE ITEM(S) OFFERED. PLEASE USE CAUTION, COMMON SENSE, AND PRACTICE SAFE TRADING WHEN DEALING WITH OTHER USERS OR OTHERWISE USING THE SERVICE.

Prohibited Items: SidelineSwap prohibits the listing or sale of any Item that is illegal to sell under any applicable law, statute, ordinance, or regulation, including, without limitation, the Items listed in our Prohibited Items Policy.

Sellers: You must have the right to sell the Items that you are listing for sale through the Service. You must describe your item (including the original price) and all terms of sale in your listing truthfully, accurately and completely.

Sellers are responsible for accurately declaring the country of manufacture, also referred to as the country of origin, for any items listed for sale on their account. By listing an item, the seller confirms that all information provided, including the country of origin, is truthful and accurate to the best of their knowledge. SidelineSwap does not verify country of origin information provided by sellers. The seller assumes full responsibility and liability for any misrepresentation, customs violations, or legal consequences resulting from incorrect or missing declarations.

Buyers: You are responsible for reading the full Item listing before making an offer. When you make an offer and your offer is accepted by the Seller or by SidelineSwap in the case of 1st Party Sales, you have a contract with the Seller or SidelineSwap, respectively.

Purchases: Buyers may offer to purchase Items from Sellers and SidelineSwap in the case of 1st Party Sales. Once an offer is accepted by Seller, or SidelineSwap the sale transaction is binding on both Seller (or SidelineSwap in the case of 1st Party Sales) and Buyer, and no returns, refunds, cancellations or retractions are allowed, except as permitted by these Terms. Once the offer is accepted by Seller, (or SidelineSwap in the case of 1st Party Sales). Buyer must pay the purchase price and shipping costs for the Item through the website. After doing so, Buyer's obligations are complete, unless Buyer requests a permitted return. After Buyer pays those amounts with respect to a sale by a Seller, SidelineSwap will provide Seller with a prepaid shipping label (“Label”), generated to the sale page on the Seller's account. Once the Label is provided to the Seller, SidelineSwap's obligations for that sale are complete.

If an Item has not been shipped after 5 days, Buyers will have the option to cancel the sale, unless the Seller has already printed the shipping label. All Buyers can cancel their unshipped orders after 12 days, regardless of whether the Seller, or SidelineSwap in the case of 1st Party Sales, has accessed the shipping label.

SidelineSwap automatically cancels and refunds all unshipped orders after 21 days, unless an extension has been requested by the buyer and seller.

When using a Label provided by SidelineSwap: (i) Seller may only use the Label to ship the applicable Item; (ii) Labels may not be transferred or sold to a third party; (iii) Seller is fully responsible for the contents of any parcels shipped using the Label; and (iv) Seller must comply with the terms and conditions and any other policies or rules imposed by the carrier used to ship the Items; and (v) Seller is responsible for purchasing his/her own shipping label if he/she wants insurance added to a shipment; and (vi) For shipments originating in Canada that use Chit Chats labels issued through SidelineSwap, sellers are subject to the Chit Chats Terms of Service. If an item is lost or damaged in transit using a SidelineSwap shipping label, SidelineSwap is not responsible for compensating sellers when funds for an insurance claim are not rewarded. As a Buyer, if an Item shipped with a Label is lost, damaged, or arrives later than expected, or is the wrong Item, we have no obligation to you; however, please report the issue to us through the Service within three days after delivery. If the tracking number on the label shows that the package has been delivered to the provided address, SidelineSwap considers the package delivered, even if the Buyer subsequently claims otherwise. SidelineSwap reserves the right to discontinue providing Labels to any or all users at any time and for any reason.

Once the Buyer confirms it has received and accepted the Item (either by affirmatively indicating acceptance through the Service or by failing to notify SidelineSwap of any issues with the Item within three days of delivery of the Item, as determined by the tracking information on the Label), then SidelineSwap will credit Seller's account with an amount equal to the purchase price received from the Buyer (less any applicable Tax), minus SidelineSwap's commission, as set forth in the Fee Policy. SidelineSwap reserves the right to reprocess the original payment on incorrectly refunded orders or refunded orders that were subsequently delivered. Funds credited to Seller's account may be redeemed by the Seller through a permitted third party payment provider (e.g., by ACH from SidelineSwap's chosen financial institution) or used by Seller to purchase items listed by other Sellers through the Service.

Seller Account Balances: Amounts credited to a Seller's account resulting from the Purchases flow described above (which excludes credits derived from the Friend Referral Program or from Gift Cards or other promotional credits defined below) may be redeemed by the Seller through a permitted third party payment provider (e.g., by ACH from SidelineSwap's chosen financial institution) or used by Seller to purchase items listed by other Sellers through the Service. Amounts redeemed by a Seller through a permitted third party payment provider are limited to $10,000 USD per day. Amounts reflected in Seller Account Balances that have not been redeemed by a Seller within one year of the last active date will be converted to an electronic gift card.

Returns: Sellers and SidelineSwap are not obligated to accept the return of items that are as advertised but have the option to do so. If the item you receive is not as described on the Service, then you must report the issue in the SidelineSwap Service within 3 days after delivery of the purchased item. The order becomes non-refundable as soon as you have approved the sale or 72 hours after the item has arrived at your address-- whichever comes first. Once the order is non-refundable, amounts will be released to the Seller, as described in the Purchases section of these terms. SidelineSwap offers no shipping speed guarantees. SidelineSwap is not obligated to grant a buyer's request to return an item that was not delivered within a certain timeframe.

Pricing & Discount Disclosures

Retail Reference Prices

Item listings on SidelineSwap may display a retail reference price alongside the current list price. The retail reference price is intended to represent the price at which a comparable new item is, or was most recently, offered for sale by other retailers. Because SidelineSwap operates primarily as a secondhand marketplace, many items are no longer available for purchase new through other retailers; in such cases, the retail reference price reflects the price at which the item was most recently available as a current, in-line product.

Retail reference prices on listings by third-party sellers are provided by those sellers at their sole discretion. SidelineSwap does not independently verify the accuracy of retail reference prices submitted by sellers and is not responsible for any inaccuracies in such prices. Sellers represent and warrant that any retail reference price they provide is truthful, accurate, and reflective of a genuine price at which the item was offered for sale.

List Price and Price Reductions

The list price is the current asking price for an item as set by the seller. Sellers may reduce their list price over time at their discretion.

Where a seller has reduced the list price of an item, SidelineSwap may display the discount relative to that item's prior list price on the Service. Discounts are displayed for informational purposes only and are based solely on that item's own pricing history on SidelineSwap; they do not represent a comparison to prices offered by other retailers.

No Warranty on Pricing Information

All pricing information displayed on SidelineSwap — including retail reference prices, list prices, discount amounts, and any pricing guidance or valuation tools offered through the Service — is provided for informational purposes only. SidelineSwap does not warrant the accuracy of any pricing information and does not guarantee that any item will sell at, or has sold for, any particular price. Users should conduct their own independent research before making purchasing or pricing decisions.

Bumps

Sellers may use Bumps at any time to increase the visibility of listings. In bumping items, Sellers acknowledge and agree that:

Sideline Pro

SidelineSwap Sellers in good standing may opt-in to a subscription package offering an expanded set of tools.

Subscription Plans: SidelineSwap offers two paid subscription plans: Sideline Pro and Sideline Pro+ (“Pro”). Each plan provides sellers with features and tools designed to enhance their sales, boost efficiency, and increase exposure on SidelineSwap. The features included in each plan are as follows:

Sideline Pro:

Sideline Pro+

Payment Terms: Subscribers may choose to pay either on a monthly or annual basis. Annual subscriptions are offered at a discounted rate compared to monthly subscriptions. Where applicable, SidelineSwap may charge local taxes on your monthly subscription fee.

SidelineSwap reserves the right to modify subscription fees at any time. We do not guarantee that current subscribers will be able to maintain their existing pricing in the event of such changes. Please refer to our Fee Policy for more details.

Billing and Payment Methods: Subscriptions will be billed to the payment method provided at the time of subscription. If no valid payment method is available, the subscription will not renew, and access to Pro features will be suspended until a valid payment method is provided and the user subscribes again.

Upon subscription to a plan, access to the subscription features will be provided for the full billing cycle, regardless of the cancellation date. The subscription will remain active until the conclusion of the current billing period.

Auto-Renewal: Subscriptions will automatically renew at the end of each billing cycle (monthly or annually) unless canceled prior to the renewal date.

Upgrading Subscription: Subscriptions may be upgraded at any time through your account settings. Upgrades will take effect immediately upon confirmation. Any unused portion of the current subscription will be prorated and applied as a credit toward the cost of the new, higher-tier plan.

Canceling or Downgrading Subscription: Subscriptions may be canceled or downgraded at any time through your account settings. Changes to the subscription will take effect at the end of the current billing period.

Refund Policy: All subscription payments, whether monthly or annual, are non-refundable. This policy applies regardless of whether the subscription is canceled before the end of the billing period.

By subscribing, you acknowledge and agree that no refunds will be provided for any unused portion of the subscription period following cancellation.

Free Trial: New users may be eligible for a free trial of Pro. At the end of the free trial, the subscription will automatically renew at the prevailing rates at the time, and the provided payment method will be charged unless the subscription is canceled before the end of the trial period.

No Guarantee of Improved Performance: Subscription to Pro does not guarantee improved performance or increased sales on the marketplace. While the subscription provides enhanced features and tools designed to assist sellers, the ultimate success on the marketplace depends on various factors beyond the scope of the subscription services.

Conduct and Brand Representation: We reserve the right to revoke the Pro subscription of any user who does not represent the brand well, engages in unethical behavior, or violates our community guidelines. Maintaining a positive and professional community is paramount, and actions that undermine this will result in the termination of subscription privileges without refund.

SidelineSwap Gift Cards

Electronic Delivery Consent of Internal Revenue Service (“IRS”) Information Tax Returns

SidelineSwap uses IRS Form W-9, Request for Taxpayer Identification Number (“TIN”) and Certification, to obtain tax identification information from individuals and sellers who receive reportable payments stemming from marketplace transactions during the calendar year. When required, we provide this information to the IRS and applicable state taxing authorities by filing a Form 1099-K information return. For details, please see our W9/1099K FAQ.

By using this Service, you acknowledge and consent to the following terms:

  1. You have a computer with Internet access.

    For the best experience, we encourage you to use current versions of Google Chrome or Mozilla Firefox. If you prefer to use Internet Explorer, please upgrade to IE9 or higher. You also need to have hardware that supports this software. We can’t provide technical support if you’re using an outdated browser.

  2. You will be able to view Hyper Text Markup Language (HTML) files and read Adobe PDF files.

    To download and print a PDF file, install Adobe Acrobat Reader. We will notify you within 3 to 5 business days if any changes are made to the method of electronic delivery.

  3. You agree to electronically receive the IRS Form 1099-K information tax return.

    Your IRS information tax returns remain available electronically for one year following the date it is originally made available to you electronically. You may obtain a paper copy of the electronic information by printing it from your computer.

    If your account is suspended, terminated or cancelled, your consent is nullified and a copy of your IRS information tax return will be mailed to the address provided on your Form W-9.

  4. You will receive email and online communications and disclosures regarding your account instead of physical mail. Communications will not be provided in paper form unless you have contacted support and elected not to receive electronic communications.
  5. You permit SidelineSwap to obtain your electronic signature if you choose to sign certain communications. If you do sign electronically, your electronic signature will bind you to the terms and conditions to the same extent as if you signed the communications on paper with an ink signature.

  6. You will update your SidelineSwap account for any changes to your email address.

    For instructions on how to update your email address, read this article. Information that is required by law, such as IRS information tax returns, can be resent to you. However, other communications will not be resent if we receive an electronic notice that the email is undeliverable due to an incorrect email address.

  7. When requesting IRS information tax returns in paper form, your request will not nullify this consent for future electronic deliveries of IRS information tax returns and other SidelineSwap online communications unless consent is withdrawn.

    You may request an IRS information tax return in paper form by contacting us at help.sidelineswap.com.

    If a paper copy is mailed to you, this will likely delay receipt of your Form 1099.

    For specific instructions on how to withdraw your consent for electronic delivery, see section 8 below.

  8. Your consent to receive electronic IRS information tax returns is effective immediately until you choose to withdraw it.

    You may withdraw your consent electronically by contacting us at help.sidelineswap.com.

    Your withdrawal of consent will take effect 5 to 10 days after we receive it. It does not apply to communications that were provided electronically before the date the withdrawal took effect. We will confirm the withdrawal of consent and the date it takes effect by notifying you electronically, and will provide subsequent IRS information tax return via US Postal Service.

Intellectual Property Rights

Service Content, Software and Trademarks: You acknowledge and agree that the Service may contain images and descriptions of sporting goods items and other content (collectively, "Service Content") that is protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by SidelineSwap, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you shall not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology underlying the Service (including the Software distributed in connection therewith) is the property of SidelineSwap, our affiliates and our partners. You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Service (including the Software). Any rights not expressly granted herein are reserved by SidelineSwap.

The SidelineSwap name and logos are trademarks and service marks of SidelineSwap (collectively the "SidelineSwap Trademarks"). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to SidelineSwap. Nothing in this Agreement or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of SidelineSwap Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of SidelineSwap Trademarks will inure to our exclusive benefit.

Apple-enabled Software Applications: SidelineSwap offers Software applications that are intended to be operated in connection with products made commercially available by Apple Inc. ("Apple"). With respect to Software that is made available for your use in connection with an Apple-branded product (such Software, "Apple-Enabled Software"), in addition to the other terms and conditions set forth in these Terms, the following terms and conditions apply:

SidelineSwap and you acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of these Terms with respect to the Apple-Enable Software, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you with respect to the Apple-Enable Software as a third party beneficiary thereof.

Electronic Communications: When you use the Service or send emails to us, you are communicating with us electronically. We will communicate with you by e-mail or providing notices via the Service. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Any such emails may include marketing and promotional content.

Third Party Material: Under no circumstances will SidelineSwap be liable in any way for any items or content posted by third parties or at the direction of users, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any items or content posted, sold, purchased or otherwise transmitted via the Service. You acknowledge that SidelineSwap does not pre-screen items or content, but that SidelineSwap and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any items or content that is available via the Service. Without limiting the foregoing, SidelineSwap and its designees shall have the right to remove any item or content that violates this Agreement or is deemed by SidelineSwap, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any items or content, including any reliance on the safety, condition, accuracy, completeness, or usefulness of such items or content.

User Content Posted on the Site: You are solely responsible for the content you post or transmit on or through the Service (collectively, "User Content"). You will not post any content that you did not create or that you do not own all right, title and interest in and to, including, without limitation, all copyright and rights of publicity contained therein. By posting or otherwise transmitting any User Content you hereby grant and will grant to SidelineSwap and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, transmit, perform, distribute, store, modify, make derivative works of and otherwise use in any manner your User Content in connection with the operation of the Service or any other products or services of SidelineSwap, or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed (including without limitation publishing your User Content on the Internet or on Third Party Services such as Facebook, sharing it with blogs, etc., and allowing other users to share listings that include your User Content).

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service ("Submissions"), provided by you to SidelineSwap are non-confidential and SidelineSwap shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

You acknowledge and agree that SidelineSwap may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce this Agreement; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of SidelineSwap, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

Infringement Policy: SidelineSwap respects the intellectual property of others, and we ask our users to do the same. SidelineSwap will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act, the Copyright Act and other applicable intellectual property laws with respect to any alleged or actual infringement. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide us with the following information:

If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Content, you may send a written counter-notice containing the following information:

If a counter-notice is received, SidelineSwap will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.

The above information should be sent to SidelineSwap by submitting a support request at help.sidelineswap.com. You may also contact us by mail at:

SidelineSwap, Inc.
68 Harrison Ave Ste 65
PMB 57504
Boston, MA 02199-1929 US

Third Party Websites

The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. SidelineSwap has no control over such sites and resources and SidelineSwap is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that SidelineSwap shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that SidelineSwap is not liable for any loss or claim that you may have against any such third party.

Indemnity and Release

YOU AGREE TO INDEMNIFY AND HOLD SIDELINESWAP AND (AS APPLICABLE), AFFILIATES, OFFICERS, DIRECTORS, AGENTS, 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, THE PRIVACY POLICY, OR THE DOCUMENTS THEY INCORPORATE BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, THE FAILURE TO APPROPRIATELY COLLECT AND REMIT TAXES ON ANY SALES.

Disclaimer of Warranties

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SIDELINESWAP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT WITH REGARD TO THE ITEMS SOLD BY THE SELLERS AND 1ST PARTY SALES.

SIDELINESWAP MAKES NO WARRANTY THAT (I) YOU WILL BE ABLE TO SELL OR PURCHASE ANY ITEMS THROUGH THE SERVICE OR THAT THE SERVICE WILL OTHERWISE MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY GOODS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE OR FROM SIDELINESWAP IN THE CASE OF 1st PARTY SALES WILL MEET YOUR EXPECTATIONS.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT SIDELINESWAP SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SIDELINESWAP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE OR THE USE OF ITEMS PURCHASED FROM SELLERS AND FROM SIDELINESWAP (INCLUDING ANY INJURY OR OTHER BODILY HARM THAT MAY RESULT FROM YOUR USE OF THE SERVICE AND OF ITEMS PURCHASED FROM SELLERS AND FROM SIDELINESWAP); (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT SHALL SIDELINESWAP'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT OF COMMISSIONS THAT YOU HAVE PAID TO SIDELINESWAP AS A SELLER IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED U.S. DOLLARS (USD $100).

OCCASIONALLY, SIDELINESWAP MAY PURCHASE GOODS FROM OTHERS AND SIDELINESWAP MAY RESELL SUCH GOODS ON WWW.SIDELINESWAP.COM OR THROUGH SIDELINESWAP’S APP. YOU AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE FOREGOING WAIVER OF LIABILITY APPLIES TO SUCH SALES AS WELL AS TO SALES BETWEEN INDIVIDUAL SIDELINESWAP USERS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SIDELINESWAP EXPRESSLY DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES FOR SUCH SALES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF QUALITY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE TO WAIVE ANY AND ALL CLAIMS BASED ON BREACH OF WARRANTY FOR SUCH SALES.

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE. THIS “LIMITATION OF LIABILITY” PROVISION SHALL BE CONSTRUED, TO THE MAXIMUM EXTENT PERMITTED BY LAW, TO LIMIT SIDELINESWAP’S LIABILITY FOR SALES OF ITEMS ON THE SERVICE AS WELL AS 1ST PARTY SALES TO THE GREATEST DEGREE POSSIBLE.

Dispute Resolution by Binding Arbitration

We hold our relationships with our users in the highest regard. On occasion, a third party may be necessary to help resolve Disputes (defined below) that may arise between you and SidelineSwap, and this Section of the Terms of Service (the “arbitration agreement”) limits you and SidelineSwap to arbitration (or small claims court, if a claim qualifies) in all such instances. This arbitration agreement constitutes a separate agreement between you and SidelineSwap which shall be interpreted and enforced without reference to any other provision of these Terms.

YOU AND SIDELINESWAP AGREE THAT ALL DISPUTES WHICH CANNOT BE RESOLVED INFORMALLY MUST BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION OR IN SMALL CLAIMS COURT ONLY, AND YOU AND SIDELINESWAP WAIVE ALL RIGHTS TO A JURY TRIAL AND TO PARTICIPATE IN ANY CLASS ACTION OR CONSOLIDATED PROCEEDING.

All Disputes Covered

The term “Disputes” is defined broadly to include, without limitation, all disputes, complaints, claims, and controversies of any type, including, but not limited to, statutory, regulatory, constitutional, contractual, common law, and tax-related claims and controversies, as well as those involving allegations of negligence, fraud, and misrepresentation, whether arising out of or relating to these Terms of Service (including any alleged breach thereof), the Services, Items purchased from SidelineSwap or Sellers, any advertising, or any aspect of the relationship or transactions between us.

All Persons and Entities Covered

This arbitration agreement extends to all agents, attorneys, contractors, subcontractors, employees, service providers, and all others acting on behalf of you or SidelineSwap, including those on whose behalf you use the Services. In addition, it is binding on the heirs, successors, agents, and assigns of you and SidelineSwap, as well as all corporations and other business entities related in any way to SidelineSwap (including, but not limited to, parents, subsidiaries, and sibling corporations). If a Dispute involves parties who are not subject to this arbitration agreement, the involvement of such parties shall have no impact on the obligation imposed by this arbitration agreement on you, SidelineSwap, and all other persons or entities covered by it.

Governing Law

This arbitration agreement is governed exclusively by the Federal Arbitration Act (FAA), 9 U.S.C. §§ 1 et seq., and not any state or local laws. You and SidelineSwap agree that this arbitration agreement involves interstate commerce under the FAA.

Opt-Out Rights

You have the right to opt out of this arbitration agreement by sending a written notice expressly stating “I opt out of the arbitration requirement” or words to that effect by email to SidelineSwap at legal@sidelineswap.com, or by writing to us at SidelineSwap, Inc., 68 Harrison Ave Ste 65, PMB 57504, Boston, MA 02199-1929 US within thirty (30) days after you first agree to these Terms of Service. To be effective, your Opt-Out Notice must be personally signed and include your name, address, telephone number, SidelineSwap account username, and the email address associated with your account. Any Opt-Out Notice will be effective only if you send it yourself, on an individual basis; opt-out notices from any third party purporting to act on your behalf will have no effect. Opting out of this arbitration agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with SidelineSwap, nor does it eliminate or change any other rights or requirements of these Terms of Service.

Mandatory Informal Settlement Process

Before initiating an arbitration or small claims court case, you and SidelineSwap must first participate in the informal dispute resolution process as follows:

(a) To start the informal settlement process, the party initiating any Dispute (“Claimant”) must send a signed, written statement (“Claim Statement”) to the other party (“Respondent”). The Claim Statement must include the Claimant's full name, mailing address, email address, SidelineSwap username, the date(s) the Dispute arose, a detailed explanation of the facts relevant to the Dispute, and a proposal for resolving it, including any claimed amount and how that amount was calculated. The Respondent may request additional information, and the Claimant agrees to reasonably investigate and provide additional information responsive to the Respondent's request. You agree to send Claim Statements by email to SidelineSwap at legal@sidelineswap.com, or by certified mail, return receipt requested, to SidelineSwap, Inc., 68 Harrison Ave Ste 65, PMB 57504, Boston, MA 02199-1929 US.

(b) If the Claimant is represented by an attorney, the Claim Statement must authorize the Respondent to share information about the Dispute with the named attorney. The Claimant's attorney must sign the Claim Statement under oath or penalty of perjury, in accordance with 28 U.S.C. § 1746 or similar state laws, certifying compliance with Rule 11 of the Federal Rules of Civil Procedure (“Rule 11”). The certified Claim Statement will be admissible in any arbitration or other proceeding related to or arising out of the Dispute.

(c) Once a Claim Statement meeting the requirements of this arbitration agreement is received by the Respondent, the Claimant and Respondent shall work in good faith to resolve the Dispute for a period of at least 60 days. Sending the Claim Statement pauses any applicable statutes of limitations for this 60-day period starting from the date the Respondent receives a Claim Statement compliant with these requirements.

(d) Failure to complete in good faith the informal settlement process is a material breach of this arbitration agreement and these Terms of Service. Any arbitration or small claims court action filed under this arbitration agreement must state affirmatively that the Claimant has completed in good faith the informal settlement process. No arbitrator may be appointed to hear a Dispute nor any small claims court action filed if the requirements of the informal settlement process have not been satisfied.

(e) At the end of the informal settlement process, unresolved Disputes from the Claim Statement, and no others, can then and only then be pursued on an individual basis only either in (1) binding individual arbitration (as provided for below), or (2) small claims court, if the requirements for proceeding in small claims court are satisfied.

No Class Actions

TO THE FULLEST EXTENT ALLOWED BY LAW, AND EXCEPT AS SPECIFIED IN THE MASS ARBITRATION RULES BELOW, YOU AND SIDELINESWAP AGREE THAT ALL DISPUTES MUST BE RESOLVED INDIVIDUALLY, AND NOT VIA CLASS ACTION, EVEN IF THE REQUIREMENT TO ARBITRATE IS FOUND TO BE UNENFORCEABLE FOR ANY REASON.

This means that in connection with any and all Disputes: (a) neither you nor SidelineSwap can file or participate in a class action, consolidated action, representative action, or private attorney general proceeding; (b) an arbitrator cannot combine claims from multiple claimants or oversee a consolidated, class, or representative action; and (c) an arbitrator's decision or award will apply only to a specific claimant's Dispute and no others. This section does not limit the relief available to you or SidelineSwap in individual arbitration or small claims court, nor does it restrict either party's right to settle Disputes by mutual agreement, including through class-wide settlements via mediation or other means; provided, however, that the limitation on non-individualized relief shall not be construed to prohibit public injunctive relief in the State of California.

Fees and Costs

You and SidelineSwap are each responsible for your own costs and attorneys' fees in connection with all Disputes. However, either party may seek to recover such fees and costs if allowed by applicable law or arbitration rules. If an arbitrator finds that a claim or counterclaim was made or prosecuted in bad faith, for an improper purpose, to exert undue pressure, or was entirely frivolous, the arbitrator may award costs, arbitration fees, and attorneys' fees to the defending party to the fullest extent permitted by applicable law or arbitration rules.

Changes to Arbitration Agreement

If SidelineSwap changes this arbitration agreement after you last accepted these Terms, you can reject those changes by sending written notice within 30 days of the effective date of such changes to SidelineSwap at legal@sidelineswap.com, or by writing to us at SidelineSwap, Inc., 68 Harrison Ave Ste 65, PMB 57504, Boston, MA 02199-1929 US. The notice must include your full name, email address, mailing address, and SidelineSwap username, and clearly state that you reject the arbitration agreement changes. By rejecting these changes, you agree to arbitrate any Dispute based on the version of the arbitration agreement that was in effect when you last agreed to the Terms. Rejecting arbitration agreement changes has no effect on any other provision of the Terms of Service.

Improperly Commenced Arbitration

If either party believes the other party has started or is about to start an arbitration in violation of this arbitration agreement (including the Mass Arbitration Rules set forth below), you and SidelineSwap agree that that party can request a court order to stop the arbitration and that any arbitration related to such a court action shall be stayed until the court action is concluded. The court in such action shall have the authority to order the payment of costs and reasonable attorneys' fees upon a finding that an arbitration was knowingly commenced in violation of this arbitration agreement.

Survival

This arbitration agreement will survive and remain in effect even after your relationship with SidelineSwap has ended and despite any action seeking to terminate any agreement between you and SidelineSwap.

Severability

Except as expressly provided in the Mass Arbitration Rules below, if any part of this arbitration agreement is found to be unenforceable, the remaining provisions will still apply to the fullest extent allowed by law.

Arbitration Rules and Requirements

General Rules

In arbitration, there is no judge or jury, but the arbitrator has the authority to hear all Disputes and grant the same relief a court could. The arbitrator must interpret and apply these Terms of Service and this arbitration agreement just as a court would. The results of an arbitration shall have no effect on other Disputes between you and SidelineSwap, and shall not be binding in any Disputes involving SidelineSwap and parties other than you. Any court with proper authority and jurisdiction can enforce this arbitration agreement, including any matters related to Mass Arbitration, as defined below. The court shall have full authority to prevent the filing or continuation of any arbitration and the imposition of fees and costs associated with any arbitration threatened or commenced in violation of this arbitration agreement. All decisions by an arbitrator, including any awards, can be enforced or confirmed in any court with proper jurisdiction, but they shall have no precedential effect in any other arbitration.

Delegation

Except as expressly provided in connection with the Mass Arbitration Rules below, all matters relating to the existence, scope, and enforceability of this arbitration agreement shall, to the fullest extent permitted by law, be decided in arbitration. This provision does not limit either party's right to challenge in a court of competent jurisdiction an improperly threatened or commenced arbitration. The determination of these issues in one arbitration shall not be binding or admissible in any other arbitration.

Offer of Settlement

In any arbitration or small claims action between you and SidelineSwap, the Respondent may choose to make a written settlement offer at any time after the initiation of an arbitration but is under no obligation to do so. The settlement offer amount and its terms will not be revealed to any arbitrator or small claims court until after an award (including any dispositive decision) is made. To the fullest extent permitted by law, if the award is less than the settlement offer or favors the Respondent, the Claimant must pay the Respondent's arbitration fees and costs incurred after the offer to the fullest extent permitted by law and governing arbitration rules.

Individual Versus Mass Arbitrations

The arbitration process will vary depending on whether the Dispute is pursued individually or as part of a Mass Arbitration (defined below). The Individual Arbitration Rules set forth below do not apply to Disputes that are part of a Mass Arbitration except in connection with the limited bellwether arbitrations described in the Mass Arbitration Rules.

Individual Arbitration Rules

All individual arbitrations (those not subject to the Mass Arbitration Rules below) shall be before a single arbitrator of the American Arbitration Association (“AAA”). Arbitrations involving consumers will be governed by this arbitration agreement and the AAA Consumer Arbitration Rules (“Consumer Rules”) and the AAA Consumer Due Process Protocol. However, the Consumer Rules shall only apply if the Dispute involves or is related to goods or services offered or purchased for personal or household use, and not goods or services offered or purchased for any other use or purpose, including in support of a business, job, or profession or for resale. Arbitrations not governed by the Consumer Rules shall be governed by this arbitration agreement and the AAA Commercial Arbitration Rules. If there is a conflict between this arbitration agreement and any applicable AAA rules and protocols, the terms of this arbitration agreement shall control.

For consumer arbitrations where claims or counterclaims are under $15,000 USD each (exclusive of attorneys' fees, costs, injunctive relief, and punitive or exemplary damages), the case will be decided without appearances, based only on submitted documents (including sworn statements). However, the arbitrator may permit reasonable and appropriate discovery (proportionate to the Dispute amount and not imposing undue cost or hardship on either party), and may also allow a hearing by phone or video conference, unless, in the arbitrator's sole discretion, fairness requires an in-person hearing and the cost of an in-person hearing is reasonable compared to the Dispute amount.

If the AAA is for any reason unavailable, unable, or unwilling to handle an arbitration assigned to it under this arbitration agreement (including as a result of any aspect of this arbitration agreement which does not meet with the AAA's approval), or otherwise finds that it cannot arbitrate a Dispute, you and SidelineSwap will negotiate in good faith to choose an alternative arbitrator or organization to conduct the arbitration in accordance with the requirements of this arbitration agreement. If no such choice can be agreed upon, the parties shall jointly ask a court to appoint an arbitrator or arbitration organization under 9 U.S.C. § 5 to conduct the arbitration in accordance with the requirements of this arbitration agreement.

If you initiate an individual arbitration, SidelineSwap will reimburse you for any standard filing fee which may be required under the AAA Rules for claims under $10,000. For claims over $10,000, payment of such fees will be by separate agreement between you and SidelineSwap. If we cannot agree on such payment, the arbitrator will decide how such fees should be paid and by whom.

Any attorney representing a Claimant must sign, under oath or penalty of perjury, a Rule 11 certification with regard to the arbitration demand, which certification shall be included with any arbitration demand under this arbitration agreement. This certification will be admissible in any arbitration or court proceeding, and the arbitrator shall have the authority to impose sanctions as provided for by Rule 11 to the fullest extent permitted by governing arbitration rules.

To begin an arbitration with the AAA, the informal settlement process outlined above must first be completed. Afterward, the claiming party must send a letter describing the Dispute, including any amount claimed, and requesting arbitration to the American Arbitration Association Case Filing Services, 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043 or by filing a request online through the AAA website, and must also send a copy to SidelineSwap, Inc., 68 Harrison Ave Ste 65, PMB 57504, Boston, MA 02199-1929 US.

Mass Arbitration Rules

If 25 or more claimants (each a “Mass Arbitration Claimant”) or their lawyers file or disclose to SidelineSwap an intention to file demands for arbitration against SidelineSwap raising substantially identical Disputes, and counsel for the claimants are the same or coordinated across these Disputes (a “Mass Arbitration”), these special Mass Arbitration Rules shall exclusively govern, to the exclusion of any other rules applying to mass arbitrations published by any arbitration organization, including the AAA.

Any dispute concerning whether these Mass Arbitration Rules apply or challenging the enforceability of any of these Mass Arbitration Rules may only be resolved by a court of competent jurisdiction, and no arbitrator shall be appointed in the event of a dispute concerning the enforceability of these Mass Arbitration Rules in the absence of such a court determination except by written agreement of the parties.

Pre-Arbitration Requirements for Mass Claimants

Each Mass Arbitration Claimant must satisfy the informal settlement process outlined above before proceeding to arbitration, including the requirement of a signed certification of counsel under oath or penalty of perjury (consistent with 28 U.S.C. § 1746 or similar state laws) of compliance with Rule 11. Arbitrators in any resulting arbitrations will have the authority to impose sanctions as allowed by Rule 11 to the fullest extent permitted by governing arbitration rules. Lawyers representing the Mass Arbitration Claimants shall also certify, under oath, that no other attorney represents any of the Mass Arbitration Claimants in connection with Disputes raised during the informal settlement process.

Bellwether Arbitrations

If the informal settlement process fails for any of the Mass Arbitration Claimants, counsel for the parties will each select up to three (3) Mass Arbitration Claimants (totaling no more than six (6), with an equal number selected by counsel for the Mass Arbitration Claimants and counsel for SidelineSwap) for bellwether arbitrations which will be decided individually under the Individual Arbitration Rules above, with each case assigned to a different arbitrator. Any other arbitration claims which have been filed by other Mass Arbitration Claimants shall be dismissed without prejudice before the bellwether arbitrations can commence.

All bellwether arbitrations must be completed within 120 days of their commencement unless otherwise agreed in writing. No further arbitration demands can be filed by Mass Arbitration Claimants during the pendency of the bellwether arbitrations or during the subsequent mandatory mediation process described next.

Mandatory Mediation

After the bellwether cases are resolved, the parties' counsel will promptly participate in good faith in non-binding, confidential mediation for at least 60 days to resolve all remaining Disputes of the Mass Arbitration Claimants. This mediation will be conducted by a mediator mutually agreed to by counsel for the parties.

Tolling of Statutes of Limitation

To prevent the Disputes asserted by the Mass Arbitration Claimants from expiring, all statutes of limitation for their Disputes will be paused until the completion of the informal settlement process, the bellwether arbitrations, and mandatory mediation, as described above.

Resolution of Remaining Claims

Mass Arbitration Claimants whose claims remain unresolved after mediation can only pursue their Disputes in small claims court (if eligible) or through a documents-only arbitration with FairClaims, Inc. (and not with the AAA or any other arbitrator or arbitration-sponsoring organization). The applicable FairClaims rules shall be either those for Small Claims or the Fast Track rules depending on the claim amount. Decisions from the bellwether arbitrations can be used in FairClaims arbitrations for their persuasive value only, but shall not be binding. Discovery obtained in the bellwether cases may be used in connection with FairClaims arbitrations subject to appropriate confidentiality protections.

Severability of Mass Arbitration Rules

Each of the requirements of these Mass Arbitration Rules are material and mandatory, including the use of FairClaims for unresolved Disputes. If any such requirement is determined to be unenforceable for any reason in a court decision as to which further review is foreclosed, and as to which all available motions, appeals, and petitions for review have been resolved fully or not timely pursued (a “Final Determination”), all unresolved Disputes between the Mass Arbitration Claimants and SidelineSwap shall be resolved in the courts of the State of Delaware. SidelineSwap shall have the right to request such a case be removed to federal court if it so qualifies. In any court action filed under this provision as a class action and qualifying as such, the class of plaintiffs shall be strictly limited to Mass Arbitration Claimants who have satisfied the informal settlement process and whose Disputes remain unresolved after mediation.

If any arbitrations filed by or for Mass Arbitration Claimants are still pending after a Final Determination, those Mass Arbitration Claimants must immediately dismiss their arbitrations without prejudice. A ruling that the Mass Arbitration Rules or any aspect of them are unenforceable will not affect the validity or enforceability of any other parts of this arbitration agreement or any other part of these Terms of Service.

Confidentiality

All aspects of the arbitration proceeding, including bellwether arbitrations, mediation, and any ruling, decision, or award by an arbitrator, will be strictly confidential for the benefit of all parties. All materials and documents exchanged during any arbitration or mediation proceedings shall be kept confidential and shall not be shared with anyone except the parties' attorneys, accountants, or business advisors, and shall be subject to the condition that they agree to keep all such materials and documents confidential.

Termination

You agree that SidelineSwap, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any items or content within the Service, for any reason, including, without limitation, for lack of use or if SidelineSwap believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. SidelineSwap may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, or making 1st Party Sales, with or without notice. You agree that any termination of your access to the Service under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that SidelineSwap may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that SidelineSwap shall not be liable to you or any third-party for any termination of your access to the Service.

User Disputes

You agree that you are solely responsible for your interactions (including any purchase and sale transactions) with any other user in connection with the Service and SidelineSwap will have no liability or responsibility with respect thereto. SidelineSwap reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.

General

This Agreement constitutes the entire agreement between you and SidelineSwap and governs your use of the Service and 1st Party Sales superseding any prior agreements between you and SidelineSwap with respect to the Service or 1st Party Sales. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third-party content or third-party software. This Agreement shall be governed by the laws of the State of Delaware without regard to its conflict of law provisions. With respect to any disputes or claims, you and SidelineSwap agree to submit any and all such disputes to binding arbitration as outlined in the “Dispute Resolution by Binding Arbitration” section, above. In the event that any such dispute is deemed not arbitrable by any adjudicatory body with authority to make such a finding, you and SidelineSwap agree to submit to the personal jurisdiction of the state and federal courts located within Delaware to resolve the dispute. The failure of SidelineSwap to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be invalid, the parties nevertheless agree that the court or arbitrator should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, to the fullest extent permitted by applicable law, any claim or cause of action arising out of or related to use of the Service or this Agreement must be filed within one (1) year (unless applicable law requires a longer period) after such claim or cause of action arose or be forever barred. This electronic document and all other electronic documents referred to or incorporated herein, will be: (a) deemed for all purposes to be a “writing” or “in writing” and to comply with all statutory, contractual, and other legal requirements for a writing; and (b) legally enforceable as a signed agreement. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings or arbitration proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail except as otherwise provided. SidelineSwap may also provide notices to you of changes to this Agreement or other matters by displaying notices or links to notices generally on the Service, except as otherwise provided.

Your Privacy

At SidelineSwap, we respect the privacy of our users. For details please see our Privacy Policy. By using the Service, and/or purchasing Items from SidelineSwap, you consent to our collection and use of personal data as outlined therein.

Notice for California Users

Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

Proposition 65 - California

The California Safe Drinking Water and Toxic Enforcement Act of 1986 (“Prop 65”) requires manufacturers, producers, packagers, importers, suppliers or distributors (the “Notice Parties”) of products to provide warnings to California consumers about potentially hazardous or cancer-causing materials in those products. On August 30, 2018, Prop 65 will change by encouraging the Notice Parties to include a warning that lists the specific chemicals in the product(s) if they are present in an amount that may be hazardous. Example warnings could read:

WARNING: This product can expose you to chemicals, including [name of chemical], which is/are known to the State of California to cause cancer. For more information, go to www.P65Warnings.ca.gov.

WARNING: This product can expose you to chemicals, including [name of chemical], which is/are known to the State of California to cause birth defects or other reproductive harm. For more information, go to www.P65Warnings.ca.gov.

We encourage all SidelineSwap users who sell to California residents to investigate the requirements and to make independent determinations about whether warnings are necessary when selling items to California residents. You can include warnings in your item descriptions on SidelineSwap. You agree to indemnify and hold SidelineSwap harmless for any violations of Prop 65 or any claims arising out of your violation of Prop 65.

Questions? Concerns? Suggestions?

Please submit a support request at help.sidelineswap.com to report any violations of this Agreement or to pose any questions regarding this Agreement or the Service.