Thank you for your interest in the Swapbox service (the "Service") operated by American Robotics Corporation (the "Company"). The Service, as further described on the Company website at https://www.swapbox.com (the "Site"), allows you to pick up items you purchase online from one of the Company’s locker kiosks (each a "Locker") instead of having it delivered to your home or business address. This User Agreement ("Agreement") applies to your use of the Service and the Site. Please read this Agreement carefully, as it (among other things) requires in Sections 17 and 18 that you and the Company arbitrate certain claims instead of going to court and contains your agreement not to bring class action claims. If you are viewing this on your mobile device, you can also view this Agreement via a web browser on your computer at https://www.swapbox.com/tos.
Please press "Accept" if you agree to be legally bound by all terms and conditions herein. Your acceptance of this Agreement creates a legally binding contract between you and the Company. If you do not agree with any aspect of this Agreement, then do not press "Accept," in which case you may not use the Service.
Note for Minors. Use of the Service by anyone under the age of 18 is prohibited.
1. How it Works. When you register for the Service on the Site, you will select a Locker from which you want to pick up your packages and will be issued a delivery address that you can use as the shipping address for your packages. When we receive a package addressed to you at that delivery address, we will deposit it within your selected Locker and notify you that it is available. Your credit card will be charged the Service Fee (as outlined in Section 4 below) at this time. The notice will contain a unique code that you can enter at the Locker in order to retrieve your package (the "PIN"). A PIN may be used to open a Locker compartment only once. You will have seventy-two (72) hours to pick up your package after we provide you with the notice. Packages are subject to certain size and weight limits, as set forth on the Site. Size and weight limits may be Locker-specific. Packages not picked up within twenty-four hours and packages that are not within the applicable size and weight limits will be handled as set forth in Sections 6 and 7 below.
2. Restrictions. You represent, warrant and covenant that, in connection with the Service and this Agreement, you will not and will not attempt to: (i) violate any laws, third party rights or our policies; (ii) purchase, receive, or otherwise deal in or dispose of illegal items or items that encourage illegal activities, controlled substances (such as marijuana and cocaine), offensive materials, stocks or other securities, firearms, weapons, explosives, hazardous materials, any item that may reasonably cause damage to a Locker, alcohol, tobacco products, items that have unusually strong odors, animals, plants, fertilizer, seeds, or any other items or categories of items which the Company may restrict from time to time upon notice to you (including notice placed on the Site); (iii) re-join or attempt to use the Service if the Company has banned or suspended you; (iv) attempt to defraud the Company or any third party; or (v) use another user’s account or allow another person to use your user account. Any illegal activities undertaken in connection with the Service may be referred to the authorities.
3. Problems with Lockers. If you experience any technical or other difficulty in retrieving your package from a Locker, please contact the Company at firstname.lastname@example.org.
4. Service Fee. You will be charged the fee for use of the Service (the "Service Fee") as set forth on the Site. The Service Fee may be modified from time to time by the Company upon notice to you, provided that any modified fee shall not apply to packages for which shipment is already in progress. The Service Fee is earned and paid to the Company when the Company receives a package sent to your name. Fees shall be paid in U.S. dollars only. All Fees are non-refundable except as expressly described in this Agreement.
5. Payments. You must enter a valid credit card number when you create your Service account. You are responsible for the accuracy of the payment information you submit, including the cardholder name, card number expiration date and CVV code. By providing such information, you represent that: (i) such information and any and all associated information provided by you shall be accurate and complete; and (ii) you have the lawful right to provide such payment information to the Company for use in processing your payments. You agree that you are responsible for all fees and expenses incurred by you in connection with the Service as described in this Agreement and you expressly authorize the Company to charge the credit card provided by you for all such fees and expenses. You acknowledge that the payment information you provide shall be stored by or on behalf of the Company for purposes of processing all payments due hereunder. The Company may use a third party payment processing service provider to accomplish some or all of the foregoing, and you hereby consent to such use.
6. Oversized Packages. If the Company receives a package that does not comply with the applicable size and weight limits set forth on the Site, the Company reserves the right, in its sole discretion, to take any of the following actions: (i) reject delivery of the package; (ii) accept delivery of the package and require you to pick it up from the Company delivery address or another location specified by the Company instead of the applicable Locker; (iii) deliver the package to you at your home or business location for an additional fee.
7. Abandoned Packages. If a package is not picked up from the applicable Locker within twenty-four hours after the Company sends notice of its availability, the Company reserves the right, in its sole discretion, to take any of the following actions: (i) return the package to the sender, at your expense; (ii) remove the package from the Locker and require you to pick it up from the Company delivery address or another location specified by the Company; (iii) deliver the package to you at your home or business location for an additional fee; or (iv) charge you the Company’s then-applicable storage fee, as set forth on the Site.
8. Security. The Lockers are generally placed in publicly accessible locations for your convenience. You acknowledge that with this convenience comes increased risk of theft or other loss or damage to items placed in the Lockers and hereby assume such risk. The Company cannot and does not guarantee that Lockers or items deposited in Lockers will not be subject to theft, fire, water damage, inclement weather, vandalism or loss or damage generally, and you agree that the Company shall have no liability to you for any of the foregoing except to the extent caused by the gross negligence or willful misconduct of the Company. You are solely responsible for ensuring the confidentiality of a PIN issued to you, and you agree that the Company is entitled to deem a package retrieved through use of a PIN issued to you as being retrieved by you and shall not be liable to you for any unauthorized use of your PIN not directly caused by the Company. Your exclusive remedy, and the Company’s sole liability, with respect to the loss of or damage to any item while in the Company’s possession or in a Locker shall be the reasonable value of such item, subject to your provision of reasonable information requested by Company regarding the nature of such item and the price paid for such item, and a refund of any Service Fee paid in connection with such item.
9. Ownership; Proprietary Rights. As between you and the Company, the Company owns all worldwide right, title and interest, including all intellectual property and other proprietary rights, in and to the Service, Site, Lockers, the software and technology used by the Company to provide Service, Site and Locker features and functionality and all usage and other data generated or collected in connection with the use thereof (the "Company Materials"). You agree not to license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make any unauthorized use of the Company Materials.
10. Third Party Sites. The Site may include advertisements or other links that allow you to access web sites or other online services that are owned and operated by third parties. You acknowledge and agree that the Company is not responsible and shall have no liability for the content of such third party sites and services, products or services made available through them, or your use of or interaction with them.
11. Use of Site. As a condition of your use of the Service, you will not use the Site for any purpose that is unlawful or prohibited by this Agreement. You may not use the Site in any manner that in our sole discretion could damage, disable, overburden, impair or interfere with any other party’s use of it. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site. You agree not to scrape or otherwise use automated means to access or gather information from the Site, and agree not to bypass any robot exclusion headers we may put into place. In addition, you agree not to use false or misleading information in connection with your Service account, and acknowledge that we reserve the right to disable any user account associated with information which we reasonably believe is false or misleading.
12. Additional Terms. When you use certain features or materials on the Site, or participate in a particular promotion, event or contest through the Site, such use or participation may be subject to additional terms and conditions posted on the Site. Such additional terms and conditions are hereby incorporated within this Agreement, and you agree to comply with such additional terms and conditions with respect to such use or participation.
13. Termination. You may terminate this Agreement at any time, for any reason or for no reason, by deleting your Service account. You agree that the Company, in its sole discretion and for any or no reason, may terminate this Agreement, your account or your use of the Service or Site. The Company may also in its sole discretion and at any time discontinue providing the Service or Site, or any part thereof, with or without notice. You agree that the Company shall not be liable to you or any third-party for any such termination. Sections 2 and 4 through 20 will survive any termination of this Agreement.
14. Disclaimers; No Warranties. THE SERVICE, SITE, LOCKERS AND ANY MEDIA, INFORMATION OR OTHER MATERIALS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THEM ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY AND ITS LICENSORS AND PARTNERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. THE COMPANY AND ITS LICENSORS AND PARTNERS DO NOT WARRANT THAT THE FEATURES AND FUNCTIONALITY OF THE SERVICE, SITE OR LOCKERS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE AVAILABLE THE FEATURES AND FUNCTIONALITY THEREOF ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOREGOING DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
15. Indemnification. You agree to indemnify and hold the Company, its affiliated companies and the proprietors of establishments in which Lockers are located, and each of the officers, directors and employees of any of the foregoing, harmless from and against any claims, losses, damages, liabilities, costs and expenses, including reasonable attorney’s fees (any of the foregoing, a "Claim"), that any of them may incur arising out of or relating to your use or misuse of the Service, Site or Lockers, violation of this Agreement or violation of any law, rule or regulation, provided that the foregoing does not obligate you to the extent the Claim arises directly out of the Company’s willful misconduct or gross negligence. The Company reserves the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims.
16. Limitation of Liability and Damages. THE COMPANY IS NOT A PARTY TO ANY TRANSACTION BETWEEN YOU AND ANY ONLINE MERCHANT OR ANY DELIVERY SERVICE CONTRACTED BY YOU OR AN ONLINE MERCHANT, AND SHALL HAVE NO LIABILITY TO YOU IN CONNECTION THEREWITH, INCLUDING FOR ANY DAMAGE TO A PACKAGE OCCURRING PRIOR TO ITS RECEIPT BY THE COMPANY. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE COMPANY OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS, BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT ARISE OUT OF OR RELATE TO THE SERVICE, SITE OR LOCKERS, INCLUDING YOUR USE THEREOF, OR ANY OTHER INTERACTIONS WITH THE COMPANY, EVEN IF THE COMPANY OR A COMPANY AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, IN WHICH CASE THE COMPANY’S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL THE TOTAL LIABILITY OF THE COMPANY AND ITS AFFILIATES, CONTRACTORS, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SERVICE, SITE OR LOCKERS EXCEED THE LESSER OF (A) THE SUM OF THE REASONABLE VALUE OF THE DELIVERED ITEM TO WHICH THE CLAIM RELATES AND THE SERVICE FEE PAID BY YOU IN RELATION TO SUCH DELIVERED ITEM AND (B) ONE HUNDRED U.S. DOLLARS.
17. Arbitration. Any claim where the total amount of the award sought by either party is less than $10,000 shall be resolved via binding non-appearance-based arbitration initiated through the American Arbitration Association ("AAA"). The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. In any such arbitration, the parties and AAA must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; (c) the arbitrator may award injunctive or declaratory relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim; and (d) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Agreement shall prevent either party from: (i) seeking remedies in small claims court of competent jurisdiction or (ii) applying to any court or competent jurisdiction for injunctive or other equitable relief.
18. Class Action Waiver. YOU AGREE THAT ANY CLAIMS SUBJECT TO ARBITRATION UNDER SECTION 17 MUST BE MADE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
19. Claims. YOU AND THE COMPANY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICE OR SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
20. Miscellaneous. The Company may make modifications, deletions and/or additions to this Agreement ("Changes") at any time. Changes will be effective: (i) thirty (30) days after the Company provides notice of the Changes, whether such notice is sent to the e-mail address associated with your account or otherwise; or (ii) when you opt-in or otherwise expressly agree to the Changes or a version of this Agreement incorporating the Changes, whichever comes first. Under this Agreement, you consent to receive communications from the Company electronically. This Agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to this Agreement or the Site or Lockers that is not subject to arbitration under Section 17 shall be filed only in the state or federal courts in California and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. The failure of any party at any time to require performance of any provision of this Agreement shall in no manner affect such party’s right at a later time to enforce the same. A waiver of any breach of any provision of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the Company without restriction. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in a writing, signed by both parties, or by a change to this Agreement made by the Company as set forth herein.
21. More Information; Complaints. The services hereunder are offered by American Robotics Corporation, located at 880 Peru Ave Unit 2, San Francisco, CA 94112, email: email@example.com, telephone: +1 (562) 546-2659. If you are a California resident, we are required to inform you that you may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs via mail at 1625 North Market Blvd., Suite N112, Sacramento, CA 95834 or telephone at (916) 445-1254 or (800) 952-5210. Hearing impaired users can reach the Complaint Assistance Unit at TDD (800) 326-2297 or TDD (916) 322-1700.