Swaptions, LLC (hereafter “Swaptions”, “our,” “we,” or “us”) has adopted certain rules and policies (“Rules and Policies”) that apply to our web sites and our mobile applications (collectively, our “Platform”), to create a safe and fair environment for all Swaptions members. Please take the time to learn how you can avoid unintentionally breaking the rules and how to help us create a community of reliable, trustworthy members. By visiting and using the Platform, you consent to and agree to abide by all of our Rules and Policies, which include but are not limited to the following documents, which are incorporated by reference herein for all purposes:


terms of use

Terms of Use OF THE SWAPTIONS PLATFORM

Last revised March 31, 2015

By visiting and using the Platform, you consent to and agree to abide by these Terms of Use and our other Rules and Policies, including but not limited to the following terms, conditions and policies which are incorporated by reference herein for all purposes:

  • Restricted Items and Activities
  • Privacy Policy
  • Limitations on Liability; Dispute Resolution
  • General Terms and Conditions
  • Fee Schedule

Registration. By registering for an account or using the Platform, you represent and warrant that you are at least 18 years of age, and of the age of legal majority in your state or country of residence, if older than 18 years of age. If you registered as a company, you represent, warrant, and covenant that you have sufficient authority to form binding contracts under applicable law on behalf of your company each time that you use the Platform. You agree that you will not allow others to use your account, nor will you use your account or the Platform on an outsourcing basis or on behalf of third parties.

Posting. You agree that you will not post any illegal Items or use Swaptions for any illegal purpose. Please refer to our Restricted Items and Activities List for more information. You shall be responsible for obeying all laws including, but not limited to, federal, state, municipal, and tribal laws, including compliance with applicable licensing requirements. You agree that you will not post ads or links for other web platforms (exception: websites directly related to item being bartered or traded.)

Termination and Suspension.  We agree to provide you access to the Platform and the services available on the Platform only as authorized in these Terms of Use. We reserve the right:

  • To reject your request for registration at any time for any reason, without notice or refund;
  • To terminate your registration by disabling your registered account at any time for any reason, without notice or refund; and
  • To notify other Members if we believe your actions may cause us or other Members legal liability, harm, or loss.

Failure to comply with these Terms of Use may result in termination and/or suspension of your account. Prohibited use includes any use in conflict with these Terms and Use or any of our other Rules and Policies, or use in conflict with applicable law. Additionally, the following constitute abuse of this Platform and will result in account termination:

  • An attempt to initiate or engage in a transaction originating as a Swap within the Platform outside of the Platform;
  • An attempt to initiate or engage in a transaction that involves illegal activity or an Item listed on our Restricted Items and Activities List;
  • Use of this Platform to threaten, harass, or abuse any person.

Abuse of this Platform may result in the release of your personal information to relevant government agencies. In accepting these Terms of Use, you agree to such release.

If another Member is harassing you, you should also call your local law enforcement.

Should you object to any of the terms of these Terms of Use (as may be amended from time to time in the manner provided in the General Terms and Conditions incorporated by reference herein), or become dissatisfied with the Platform and related services in any way, your only recourse is to immediately: (1) discontinue use of the Platform and services; (2) terminate your membership; and (3) notify us of termination. In addition, your account may be deemed inactive and closed if there is no activity on your account for one year. In the event your account is closed or terminated it will be marked inactive in our systems, but we cannot delete your user information or transaction history, which remain subject to our Privacy Policy.

Postings by Members. We provide Members with tools and instructions for posting Items for trade on the Platform and for transacting Swaps. In addition, Members may communicate with other Members on the Platform or other content on the Platform (any such material, “Postings”). We have the right, but not the obligation, to monitor, edit, refuse to post, or remove any Item, Posting or Swap from the Platform. We are not responsible for the content of Items, Swaps or Postings posted by Members. Monitoring of Items, Postings and Swaps by us is not intended to verify the accuracy of the information contained therein and should not be relied upon by you for any purpose. Members should use appropriate caution when communicating with others and in entering any transaction.

You represent, warrant, and covenant that all information given to us (including but not limited to your Personal Information, as defined in our Privacy Policy), and all information communicated to other users of the Platform, whether in an Item, Swap or a Posting, is true, accurate, up-to-date and not misleading.

Fees. You agree to pay all required fees in advance for using the Platform. For a list of fees, please see our Fee Schedule. Fees are non-refundable. Past due fees may result in suspension and/or termination of your account as well as referral to a credit agency. We reserve the right to pursue applicable civil and criminal legal actions. Payment in full is required before a suspended account may be reinstated.

Certain Acknowledges Regarding Us and the Platform. You agree and acknowledge the following:

  • Swaptions is not a seller of any Items listed on this Platform. We do not take title to or possession of any Item being traded on the Platform, and we are not a principal in or a party to any Swaps or any other transactions on the Platform, nor are we your agent or an agent of any party to a Swap or any other Member. We recommend that you take precautionary measures when communicating with other Members and entering into any transaction.
  • We are not an advertiser of any of the Items listed on this Platform;
  • We make no representation as to the truthfulness of other Members on this Platform. We recommend that you take precautionary measures to determine another Member’s age, identity, location, and authority to enter into contracts.
  • We make no representation that Members on this Platform will complete a Swap and transfer or deliver the Item to you; nor that a Member has truthfully and accurately described an Item, Swap or Post; or that an Item or Swap complies with applicable legal requirements for the transaction.

Legality of Purchase and Shipment. If you engage in Swaps, Postings or other transactions on the Platform, you agree to comply with all applicable legal requirements governing the specific requirements for transfer and shipping of items (which shall apply regardless of any contrary information contained in a Member’s Swap). You represent, warrant, and covenant to us that you shall:

  • Comply with all applicable legal requirements in listing, agreeing to trade, transferring and shipping Items;
  • Be solely responsible for compliance with all applicable export or import controls with respect to these transactions with respect to Items;
  • Comply with all legal requirements regarding the reporting, collection, withholding and payment of all taxes and duties applicable to the transfer and transport of each Item.

U.S. Requirements. If you or the Items you seek to trade are located within the U.S. you additionally represent, warrant and covenant that you are familiar with the U.S. statutes and regulations governing export controls, sanctions and embargoes, and you additionally agree that: (1) You are not a national of or located in any country embargoed by the United States, and (2) You are not on the Excluded Parties List System, the Specially Designated Nationals List, or the Denied Persons List, and (3) You are not listed on any other lists maintained by the U.S. federal government which prohibits or restricts participating in commercial or other transactions, and you are not using or accessing the Platform on behalf of a party who is on any such lists.

Compliance with Other Rules and Policies. These Terms of Use must be read in conjunction with our other Rules and Policies. Specifically, you acknowledge that you have read and agree to the terms of our Privacy Policy; our Restricted Items and Activities List, our Limitations on Liability and Dispute Resolution; General Terms and Conditions; and our Fee Schedule.


restricted items

Restricted Items and Activities List

Last revised March 31, 2015

By visiting and using the Platform, you consent to and agree to abide by the terms of this Restricted Items and Activities List and our other Rules and Policies, including but not limited to the following terms, conditions and policies which are incorporated by reference herein for all purposes:

  • Terms of Use of the Swaptions Platform
  • Privacy Policy
  • Limitations on Liability; Dispute Resolution
  • General Terms and Conditions
  • Fee Schedule

Restricted Activities. You may not use the Platform for activities that:

  • Violate any law, statute, ordinance, regulation or industry standard;
  • Violate intellectual property rights;
  • Encourage, promote, facilitate, or instruct others:
    • To engage in criminal activity;
    • To post personal information such as email, address, or phone number;
    • To engage in trading or transacting outside of this site;
    • To engage in fighting animals and obtaining animal fighting supplies;
    • To engage in hate, violence, or racial intolerance;
    • To engage in gambling, “get-rich quick” schemes, or any programs promising financial gain for a fee.

Prohibited Items and Swaps. The following Items and Swaps are prohibited or otherwise restricted on the Platform:

  • Illegal drugs, or any substance or device that may pose a threat to other Members and the general public (including non-prescription medications containing any form of Ephedrine, Pseudoephedrine or Insulin);
  • Prescriptions, prescription drugs or devices;
  • Stocks or securities of any kind
  • Drug paraphernalia
  • Certain plants, weeds, or seeds
  • Items that can be used in terrorist activities, or Swaps for the benefit of anyone involved with terrorist activities;
  • Bombs, bomb making supplies, or directions on how to make bombs;
  • Exotic animals, endangered animals, or products made from such;
  • Items containing dog or cat fur
  • Obscenity, including pornography;
  • Weapons, firearms, or ammunition, including those prohibited by the U.S. government or any jurisdiction. Members should report all suspicious firearms activity to the Bureau of Alcohol, Tobacco, Firearms, and Explosives at 1-800-ATFGUNS or at http://www.atf.gov.
  • Fake identification cards, fake driver’s license, fake passports, or fake documentation;
  • Stolen or counterfeit goods;
  • Alcohol, cigarettes, or tobacco.

The above list is not exhaustive. We reserve the right to modify this list at any time without advance notice to you.

Compliance with Other Rules and Policies. These Terms of Use must be read in conjunction with our other Rules and Policies. Specifically, you acknowledge that you have read and agree to the terms of our Terms of Use, Privacy Policy; our Limitations on Liability and Dispute Resolution; General Terms and Conditions; and our Fee Schedule.


privacy policy

PRIVACY POLICY 

Last revised March 31, 2015

By visiting and using the Platform, you consent to and agree to abide by this Privacy Policy and our other Rules and Policies, including but not limited to the following terms, conditions and policies which are incorporated by reference herein for all purposes:

  • Terms of Use of the Swaptions Platform
  • Restricted Items and Activities
  • Limitations on Liability; Dispute Resolution
  • General Terms and Conditions
  • Fee Schedule

Our Privacy Policy and explains how your information is collected and used. You acknowledge and consent to our use of your information in accordance with the terms of this Privacy Policy.

Data Collected From You. We receive, store, and processes information that you provide when using our Platform, including:

  • information you submit to the Platform, such as data you provide when you register or update the details of your account, information and documents you provide when you participate in identification programs and any payment information you submit to the Platform, including credit card numbers, expiration dates, and security codes, or digital payment system account information;
  • information you post in order to list any Item on the Platform, including any photographs, written descriptions and your location, as well as any bids you make on Swaps through the Platform; and any Posts you make using the Platform;
  • all correspondence or communications with other users conducted on or through the Platform; and
  • all correspondence or communications with us, in any form or medium.

Information from Third Parties. We may, from time to time, supplement the information we collect about you through our Platform with outside records from third parties in order to enhance our ability to serve you, to tailor our content to you and to offer you opportunities to purchase products or services that we believe may be of interest to you. We may also receive information from social media sites, such as Facebook, or other third party services, such as Google, should you elect to log on to the Platform using such social media sites or services. In those cases, we will apply this Privacy Policy to any Personal Information (defined as information which could reasonably be used to identify you personally, such as your name, e-mail address, location, IP address, etc.) received.

Internet/Mobile Data and Metadata. When you use the Platform, we receive, store and process a variety of information about your location (e.g. IP address, GPS coordinates), your device (e.g. make, model and specifications of your device, OS, UDID), metadata (e.g. time, date and location) and other similar data, to the extent sent by your computer or mobile device or generated as part of the data communications with the Platform.

Tracking Technologies. We use cookies, tracking pixels, embedded scripts and other similar tracking technologies on the Platform and may, without further consultation with you, permit our partners to do the same. We track your activities if you click on advertisements for our services on third party platforms such as search engines and social networks, and use analytics to track what you do in response to those advertisements.

Advertising. Swaptions does not currently offer targeted advertising through the Platform, though we reserve the right to do so or allow our partners to do so in the future without further consultation with you. We do not currently support any browser-based Do Not Track (DNT) settings or participate in any DNT frameworks, and we do not assign any meaning to any potential DNT track signals you may send or alter any of our data collection or use practices in response to such signals.

Use of Collected Data. We use and process data we collect, including Personal Information, for the following uses:

  • to enable you to access and use the Platform and to optimize the type of Swaps presented to you when you use the Platform;
  • to enable any identification programs we may institute and in which you elect to participate, such as verifying your identity and address, and to conduct checks against various publically available databases;
  • to operate, protect, improve and optimize the Platform, our business, and our users’ experience, such as to perform analytics, conduct research, and for advertising and marketing;
  • to help create and maintain a trusted and safer environment on the Platform including detection and prevention of fraud, unauthorized access or activities, intrusion, and service interruption;
  • to conduct investigations and to respond to disputes between users and other similar customer support service;
  • to send you service, support and administrative messages, reminders, technical notices, updates, security alerts, and information requested by you;
  • where we have your consent, to send you our newsletter, marketing and promotional messages and other information that may be of interest to you; and
  • to comply with our legal obligations or requests from law enforcement agencies, to resolve any disputes that we may have with any of our users, and to enforce our agreements with third parties.

Use of Communications. We will review, scan, or analyze your communications made via the Platform or with us for fraud prevention, risk assessment, legal/regulatory compliance, investigation, product development, research and customer support purposes. We may also scan, review or analyze messages for research and product development purposes to help make search, and user communications more efficient and effective, as well as to improve our product and service offerings.

Opting Out. You will be able to unsubscribe or opt-out from receiving certain marketing and promotional messages and communications by logging on to and modifying the settings on your Swaptions account; or by clicking the “unsubscribe” link in any promotional email we send to you.

Disclosure of Your Information. Certain information on your Swaptions account will be made available to the public and other users on the Platform, including your user name, picture (if one is provided), approximate geographical location to within five (5) miles, your reported location, the date you created your Swaptions account, and any Swaps which are then outstanding. In addition to your information, your public profile will also display other users who may have “followed” you and your rating on Swaptions. Billing information will never be shared with another user.

We may ask you to review other Swaptions users. If you choose to provide a review, your comments may be made public on the Platform.

You may link your account on a third party social media site to your Swaptions account. The publication and display of information that you provide to Swaptions through this linkage is subject to your settings and authorizations on the Platform and the third party site. When you create this link, information you provide to us from the linking of your accounts:

  • may be published on your Swaptions account profile;
  • your activities on the Platform may be displayed to your list of approved contacts on the Platform and/or the third party site (“Friends”);
  • other Swaptions users may be able to see any common Friends that you may have with them, or degrees of relationship (e.g. “friend of their friend”) if applicable;
  • other Swaptions users may be able to see any information you have provided on the linked social networking site(s);
  • and the information you provide to us from the linking of your accounts may be stored, processed and transmitted for fraud prevention and risk assessment purposes.

Disclosures to Partners. We may distribute parts of the Platform (including your Items and Swaps) for display on sites operated by Swaptions’ business partners or on social media sites you have linked to your Swaptions account. If and when your Items or Swaps are displayed on a partner’s site or on a social media site, information from your public profile page may also be displayed.

Disclosures to Affiliates. We may allow our related entities such as our subsidiaries, and their employees, to use and process your Personal Information in the same way and to the same extent that we are permitted to under this Privacy Policy. These related entities comply with the same obligations that we have to protect your Personal Information under this Privacy Policy. We may also engage third party companies and individuals to help verify your identification or to conduct checks against databases such as public government databases (where legally allowed). We may provide Personal Information about you to these third parties, or give them access to this Personal Information, for the limited purpose of allowing them to provide these services. We will bind such third parties with contractual obligations to protect this Personal Information and not use it for unrelated purposes.

Disclosure Required by Law. You acknowledge, consent and agree that Swaptions may access, preserve and disclose your information, including all Personal Information, if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to (a) respond to claims asserted against Swaptions; (b) to comply with legal process (for example, court orders, subpoenas and warrants); (c) to enforce and administer our agreements with users, such as the Terms of Service; (d) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes; or (e) to protect the rights, property or personal safety of Swaptions, its users or members of the public.

Disclosure of Aggregated Data. We may also publish, disclose and use your data and non-Personal Information and aggregate such data and information with that of other members’ data for industry analysis, demographic profiling, marketing and advertising, and other business purposes.

Transfers Upon Major Corporate Events. If we are a party to any merger, acquisition, reorganization, sale of all or substantially all of our assets or bankruptcy or insolvency (“Major Corporate Event”), we may, as part of the transaction, sell, transfer or share some or all of your information, including your Personal Information. Swaptions will not sell your Personal Information to any third party outside of a Major Corporate Event.

Changing Your Information. You may review, update, correct or delete the Personal Information in your Swaptions account by logging in to your account. If you would like to cancel your Swaptions account entirely, please contact us, and enter your request for cancellation. Please also note that any reviews, forum postings and similar materials posted by you may continue to be publicly available on the Platform in association with your account name, even after your Swaptions account is cancelled.

Security of Your Personal Information. All communication between the Platform and Swaptions’ servers is encrypted using 128-bit SSL. We have also sought to use other reasonable administrative, technical, and physical security measures to protect your Personal Information and other information against the unauthorized access, destruction or alteration of your information. However, no method of transmission over the Internet, and no method of storing electronic information, can be 100% secure. Swaptions does not guarantee the absolute security of your transmissions to us and of your Personal Information that we store. If you become aware of a security issue, please immediately contact us to provide us with details regarding the security issue. We will work with you to address the security issues you have encountered.

Third Party Websites. The Platform will contain links to other websites not owned or controlled by Swaptions. These other websites may place their own cookies, web beacons or other files on your device, or collect and solicit Personal Information from you. These third parties have their own rules about the collection, use and disclosure of Personal Information. Swaptions encourages you to read the terms of use and privacy policies of other websites and mobile applications that you visit.

International Members. If you are located anywhere outside of the United States, please be aware that information we collect, including, Personal Information, will be transferred to, processed and stored in the United States. The data protection laws in the United States may differ from those of the country in which you are located, and your Personal Information may be subject to access requests from governments, courts, or law enforcement in the United States according to laws of the United States. By using the Platform or providing us with any information, you consent to this transfer, processing and storage of your information in the United States.

Notice to California Residents. Under California Civil Code Section 1798.83 (known as the “Shine the Light” law), Swaptions customers who are residents of California may request certain information regarding the disclosure of your Personal Information during the immediate prior calendar year to third parties for their direct marketing purposes. To make such a request, please write to us at our address below.

Compliance with Other Rules and Policies. These Terms of Use must be read in conjunction with our other Rules and Policies. Specifically, you acknowledge that you have read and agree to the terms of our Terms of Use; our Restricted Items and Activities List, our Limitations on Liability and Dispute Resolution; General Terms and Conditions; and our Fee Schedule.


limitations

Limitations on Liability; Dispute Resolution

Last revised March 31, 2015

By visiting and using the Platform, you consent to and agree to abide by the provisions and our other Rules and Policies, including but not limited to the following terms, conditions and policies which are incorporated by reference herein for all purposes:

  • Terms of Use of the Swaptions Platform
  • Restricted Items and Activities
  • Privacy Policy
  • General Terms and Conditions
  • Fee Schedule

By visiting and using the Platform you hereby acknowledge and agree to the following terms and conditions regarding Swaptions’ disclaimer of any warranties, indemnification provisions, and dispute resolutions, which apply for all of our Rules and Policies:

DISCLAIMER OF WARRANTIES. YOU AGREE THAT USE OF THE PLATFORM AND THE SERVICES ON THE PLATFORM ARE ENTIRELY AT YOUR OWN RISK. THE PLATFORM AND SERVICES, INCLUDING ALL CONTENT, ITEMS, LISTINGS, FUNCTIONS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE PLATFORM, ARE PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE PLATFORM OR ITS FUNCTIONS WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED.

WE MAKE NO ENDORSEMENT OR WARRANTY REGARDING ANY ITEMS POSTED ON THE PLATFORM OR ANY SWAP OR OTHER TRANSACTION ENTERED INTO THROUGH THE PLATFORM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE PLATFORM SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. WE EXPRESSLY DISCLAIM ANY RESPONSIBILITY FOR ANY MISREPRESENTATIONS OR BREACHES COMMITTED BY ANY USER OF THE PLATFORM.

LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SWAPTIONS, ITS AFFILIATES, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY “PARTIES”) BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE THE PLATFORM OR SERVICES, OR RELATED TO THE INFORMATION, CONTENT AND FUNCTIONS THEREOF, WHETHER GENERATED BY THE PLATFORM, BY ANOTHER MEMBER OR BY UNAUTHORIZED ACCESS TO THE PLATFORM (INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS, LOST BUSINESS OR LOST SALES, BUSINESS INTERRUPTION OR LOSS OF INFORMATION) EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR EXCLUSION OF DAMAGES, SO SUCH DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO YOU. TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF THE PARTIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THIS AGREEMENT OR YOUR USE OF THE PLATFORM SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU HAVE PAID TO US IN THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO YOUR CLAIM OR (B) US $100.00. THIS LIMITATION SHALL NOT APPLY IN THE CASE OF WILLFUL OR INTENTIONAL MISCONDUCT.

Indemnification. You shall indemnify, defend and hold Swaptions harmless from and against any and all claims, losses, damages, liabilities, judgments and fees and expenses related thereto (including, without limitation, reasonable attorneys’ fees), incurred by Swaptions in connection with any claims arising out of, based upon or resulting from your participation and use of the Platform in any manner whatsoever, whether by you or by a third party using your log-in. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle or otherwise dispose of any matter without our prior written consent.

Compliance with Other Rules and Policies. These Terms of Use must be read in conjunction with our other Rules and Policies. Specifically, you acknowledge that you have read and agree to the terms of our Terms of Use, our Privacy Policy; our Restricted Items and Activities List, our General Terms and Conditions; and our Fee Schedule.


general terms

General Terms and Conditions

Last revised March 31, 2015

By visiting and using the Platform, you consent to and agree to abide by these General Terms and Conditions and our other Rules and Policies, including but not limited to the following terms, conditions and policies which are incorporated by reference herein for all purposes:

  • Terms of Use of the Swaptions Platform
  • Restricted Items and Activities
  • Privacy Policy
  • Limitations on Liability; Dispute Resolution
  • Fee Schedule

Changes to these Rules and Policies. We may change any of our Rules and Policies at any time. If we make material changes, we will notify you either by posting the changed rules and policies on the Platform or by sending an email to you. We will also update the “Last Updated Date” at the top of the affected Rules and Policies. If we let you know of changes through an email communication, then the date on which the email is sent shall be the deemed to be the date of your receipt of that email.

It’s important that you review all changes to any Rules and Policies. If you do not wish to agree to any changes to the Rules and Policies, then we will not be able to continue providing the Platform to you, and your only option will be to stop accessing the Platform and deactivate your Swaptions account by providing us with your notice of termination. Your continued use of the Platform after such changes are posted will constitute your agreement to such amended Rules and Policies.

No Legal Advice. Although we may provide references to relevant laws, nothing in our Rules and Polices is meant to constitute legal advice. You should check with your state’s Attorney General Office to ensure you are in full compliance with legal requirements. If you are unsure about proper compliance, seek the assistance of a licensed and qualified attorney.

Independent Contractors. You and Swaptions are independent contractors. No agency relationship, partnership, joint venture, employer-employee relationship or franchisor-franchisee relationship is intended or created by this Terms and Conditions.

Member Representations and Warranties. You represent, warrant, and covenant to us that:

  • You are entering into all Swaps and other agreements and transactions on this Platform only for your own account and not for the benefit of any third party;
  • You have the legal right to enter into Swaps for Items on this Platform; and that the transactions you enter into on this Platform will not be fraudulent or involve the sale of illegal, counterfeit or stolen items; violate our Restricted Items an Activities List and will not infringe any parties’ copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy.

Other Fees and Tax Issues. You agree that Swaptions bears no responsibility for the reporting, payment, collection and remittance of any other fee or tax that may be assessed on any Swap or other transaction conducted through the Platform by any jurisdiction having taxing authority over the sale or transaction. You agree that you are responsible for, and will indemnify us against, any liability for any sales/use, VAT or similar transaction tax that is or may be assessed by any jurisdiction with respect to the fees charged by us. You agree to defend, indemnify and hold us harmless from and against any and all liabilities, damages and costs that may result from inadequate reporting, payment, collection or remittance by you of any taxes relating to transactions conducted on the Platform, except taxes imposed on or measured by our income or net worth.

Electronic Execution. When you click on “I Accept,” you submit your electronic acceptance of our Rules and Policies. Your use of the Platform also constitutes your acknowledgement and acceptance of all terms and conditions of our Rules and Policies these and will have the same legal force and effect as if you had physically signed them. You agree to the admissibility of computer records and electronic evidence in any dispute under any of our Rules and Policies.

Interpretation; Severability. If any provision of any of our Rules or Policies is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to put into effect the intent of these Rules and Policies, and the remainder of these Rules and Policies shall continue in full force and effect.

No Waiver. The failure by either party to exercise or enforce any rights or provisions of any of our Rules and Policies shall not constitute a waiver of such right or provision.

Entire Agreement. Our Rules and Policies, including any other applicable terms and conditions or rules that govern your use of the Platform, which are either incorporated herein by specific reference or posted on the Platform from time to time, comprises the entire agreement between you and Swaptions, and supersedes all prior representations, agreements or statements between us, written or oral, regarding the subject matter contained herein (including any prior version of any Rules or Policies).

Survival. All provisions in these Rules and Policies regarding representations and warranties, indemnification, disclaimers and limitations on liability shall survive any termination of these Rules and Policies. The titles and headings contained in these Rules and Policies are used for convenience only and are not intended to affect the meaning or interpretation of these Rules and Policies.

Binding Effect. These Rules and Policies are binding upon and inure to the benefit of the respective successors and assigns of the parties, but you may not assign these Rules and Policies to any person or entity without our prior written consent, and any such assignments made without consent shall be null and void. These Rules and Policies are solely for the benefit of Swaptions, its affiliates, and you, and shall not be construed for the benefit of any third party.

Time Limitation on Claims and Causes of Action. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to our Rules and Policies or your use of the Platform must be filed within one (1) year after such claim or cause of action arose. Any claim not filed within the foregoing one (1) year period shall be forever barred.

Governing Law; Venue. Your use of the Platform shall be governed by, and these Rules and Policies shall be governed by and construed in accordance with the laws of the State of Washington, U.S.A., as they apply to agreements made and solely performed therein. You irrevocably consent and waive all objections to personal jurisdiction and venue in the state and federal courts of Grant County, Washington for any action arising out of or relating to these Rules and Policies, or your use of or relating to the Platform. You shall not commence or prosecute any suit or action except as provided herein.

Compliance with Other Rules and Policies. You acknowledge that you have read and agree to the terms of our Terms of Use, Privacy Policy; our Restricted Items and Activities List, our Limitations on Liability and Dispute Resolution; and our Fee Schedule.


fee schedule

FEE SCHEDULE

Last revised March 31, 2015

By visiting and using the Platform, you consent to and agree to abide by this Fee Schedule and our other Rules and Policies, including but not limited to the following terms, conditions and policies which are incorporated by reference herein for all purposes:

  • Terms of Use of the Swaptions Platform
  • Restricted Items and Activities
  • Privacy Policy
  • Limitations on Liability; Dispute Resolution
  • General Terms and Conditions

We charge fees for the following:

Compliance with Other Rules and Policies. These Terms of Use must be read in conjunction with our other Rules and Policies. Specifically, you acknowledge that you have read and agree to the terms of our Terms of Use, Privacy Policy; our Restricted Items and Activities List, our Limitations on Liability and Dispute Resolution; and General Terms and Conditions.


Definitions

The following capitalized terms shall have the meanings ascribed to them below whenever used in our Rules and Policies, unless the context clearly indicates an alternate meaning:

“Item” or “Items” means any product and any Information you post in order to list any product on the Platform, including any photographs, written descriptions and your location, and transactions with other Members involving Items are referred to as “Swaps”.

“Member” refers to a registered user of the Platform.

“Platform” means the Swaptions mobile application and any other of our websites and applications we develop from time to time, as well as the services provided by us as part of such applications or websites.

“Personal Information” has the meaning set forth in our Privacy Policy.

“Swap” or “Swaps” means transactions with Members or other users of the Platform involving an exchange or sale of Items.


Question & Comments

If you’d like to provide feedback to us about any of our Rules or Policies, or if you have any questions, please contact us.

Swaptions, LLC
Customer Service
P.O. Box 398
Quincy, Washington 98848

or send us your request electronically at support@swaptions.com