Last Updated June 1, 2021
These Terms and Condition (“Terms and Conditions”) govern your (the “User” or “you”) use of Louisiana Swap Shop.com, https://Louisiana Swap Shop.com/, website (the “Website”) and is provided to you by The Louisiana Swap Shop (“Louisiana Swap Shop.com”, “we” or “us”).
BY ACCESSING THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ALL APPLICABLE LAWS AND REGULATIONS. IF YOU DO NOT AGREE WITH ANY OF THE TERMS SET FORTH IN THESE TERMS AND CONDITIONS, DO NOT USE THE WEBSITE.
1. Purpose of Website and Permitted Use
The Website is a venue to allow you to offer, sell, and buy goods or services. Louisiana Swap Shop.com is not a party to any transaction of sale and purchase between a buyer and a seller of goods or services listed on the site, or any other transaction whatsoever (whether a sale, lease, exchange or other transaction) between persons who use the Website. You agree not to hold Louisiana Swap Shop.com responsible for any acts or omissions of other users of the Website, or for any liability associated with the use of any goods or services posted on the Website by other users.
2. Posting of Ads
Subject to these Terms and Conditions, you may post an advertisement for your sale on the Website. You may publish up to four (4) photographs with your advertisement. If Louisiana Swap Shop.com accepts your advertisement, your advertisement will be published on the Website for up to 30 (thirty) days.
If you post any advertisements on the Website, you grant Louisiana Swap Shop.com all necessary rights that Louisiana Swap Shop.com needs to publish your advertisement, including a non-exclusive, paid up, non-terminable, royalty free license to all content, including photographs, videos, and text. You represent and warrant that (a) you assume full responsibility for the content of all advertisements posted on the Website by you, (b) such advertisements contain no libelous, tortious or unlawful statements, (c) the publication thereof shall not constitute unfair competition, unfair trade practice, infringement of copyright, trademark, trade name or other proprietary or statutory right, or an invasion of privacy of others. You further represent and warrant that all products referred to in the advertisements to be posted by you on the Website are of merchantable quality and are as represented in such advertisements, that the advertising, sale and furnishing thereof as contemplated in such advertisements complies with all applicable laws, and that all consents required by law or contract as a condition to the publication of the advertisements shall have been obtained prior to the posting of such advertisements on the Website.
3. Reservation of Right to Remove Listings
Louisiana Swap Shop.com reserves the right in its sole discretion, and without liability to anyone, to remove any inappropriate posts to the Website, but shall have no liability to anyone for the failure to remove any posted advertisement.
4. Effect of Submission of Ads
Submission of an advertisement to Louisiana Swap Shop.com does not constitute a commitment by Louisiana Swap Shop.com to publish the advertisement on the Website. Louisiana Swap Shop.com accepts advertising only by publishing such advertisement. By submission of an advertisement to Louisiana Swap Shop.com, Customer acknowledges that these Terms and Conditions apply.
5. Alteration of Ads
Louisiana Swap Shop.com reserves the right to alter any advertisement so that it conforms to the mechanical limits of the Website.
Louisiana Swap Shop.com shall not be responsible for proofreading advertisements or other material supplied by Customer for publication on the Website, or for errors contained in the advertisements or other material supplied by Customer. Louisiana Swap Shop.com shall not be responsible for any material that is not properly displayed or that cannot be accessed or viewed because it was not received by Louisiana Swap Shop.com in proper form, in a timely manner, or in an acceptable technical quality for display on the Website. The Agreement cannot be invalidated, and Louisiana Swap Shop.com will not be liable for, typographical errors, incorrect insertions or omissions in any advertisement.
Louisiana Swap Shop.com failure to publish any advertisement shall be deemed immaterial, and shall not be considered a breach of these Terms and Conditions. Louisiana Swap Shop.com shall not be liable for damages for any failure to publish an advertisement. If a copy for an advertisement is submitted and your payment is received and that copy is omitted from publication on the Website, Louisiana Swap Shop.com sole obligation and Customer’s sole remedy shall be for Louisiana Swap Shop.com to publish on the Website the identical advertisement within a reasonable time after the date of such.
8. Truth in Advertising
Customers who are dealers, merchants or businesses must carry their corporate, business or trade names in all ads offering to buy, sell, rent or trade property or services and cannot advertise in a manner that is misleading to the public or violates any applicable law.
Customers who are subject to rules and regulations relating to advertising by a governing body are solely responsible for compliance with such rules and regulations. Louisiana Swap Shop.com shall not be liable or responsible for any breach of Customer’s obligations to such governing body.
10. Disclaimers with respect to the Website and Goods or Services listed on the Website
Louisiana Swap Shop.com has no control over and makes no representations or warranties, and provides no guarantees, as to the condition, quality, safety or legality of goods or services advertised on the site, the truth or accuracy of listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction. The listing of goods or services on this Website does not constitute or imply an endorsement of such goods or services by Louisiana Swap Shop.com. Louisiana Swap Shop.com is not endorsing any goods or services listed on the Website. THE WEBSITE AND ALL CONTENT ON THE WEBSITE IS PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. LOUISIANA SWAP SHOP.COM EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES WITH RESPECT TO THE WEBSITE AND ANY CONTENT ACCESSIBLE WITHIN OR THROUGH THE WEBSITE, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. Further, Louisiana Swap Shop.com does not warrant or make any representations concerning the accuracy, completeness, timeliness, or reliability of any of the content on the Website (or of any information, goods or services that are referred to, or advertised on, or sold through the Website), nor does Louisiana Swap Shop.com guarantee that the Website (or any site linked to the Website) will be error free, continuously available, free of viruses or other harmful components. Louisiana Swap Shop.com does not assume any responsibility or risk for your use of the Website. If any representation, warranty or guaranty is made in any advertisement on the Website with respect to goods or services, Louisiana Swap Shop.com is not a party to it and such representation, warranty or guaranty is strictly between the seller and the buyer. By using this Website, you assume the entire risk that the content on this Website may be inaccurate, incomplete, or that the goods or services advertised may not meet your needs and requirements, or correspond to their description on the Website.
11. Indemnification of Louisiana Swap Shop.com
You shall indemnify and hold harmless Louisiana Swap Shop.com and its officers, directors, partners, employees and agents from and against any and all liability, loss, or expense, including attorney’s fees and expenses, resulting from any claim or litigation based upon any alleged facts which, if true, would constitute a breach by you of any of the foregoing representations and warranties. The Gazette shall have the right to defend any suit through counsel of its own choice and to make you a party to such suit.
12. Limitation of Liability
IN NO EVENT SHALL LOUISIANA SWAP SHOP.COM BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR FOR LOST SALES OR PROFITS BASED ON BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED AS TO THE POSSIBILITY OF SAME. IN NO EVENT SHALL LOUISIANA SWAP SHOP.COM’S LIABILITY FOR THE PERFORMANCE OR NONPERFORMANCE OF ANY SERVICE AGREEMENT, OR OTHERWISE, EXCEED THE AMOUNT ACTUALLY PAID TO LOUISIANA SWAP SHOP.COM BY THE CUSTOMER UNDER THE SERVICE AGREEMENT. Except as provided in Section 7 above, Louisiana Swap Shop.com shall not be liable for any damage arising out of or with respect to any failure to publish or timely publish an ad; any error in a published ad; the operation (or any failure in operation) of the Internet and/or any servers or systems comprising all or any portion thereof; or otherwise from the publication of any ad. You agree that Louisiana Swap Shop.com, its licensors, employees or agents do not warrant either: (i) the results to be obtained from publishing an advertisement on the Website; (ii) that any minimum level of audience or minimum number of impressions or click-throughs with respect to any ad; (iii) that Louisiana Swap Shop.com performance or any of its services or the Website will be uninterrupted or error free; or (iv) submissions to search engines or directories will be acted upon, if at all, within a reasonable time.
In no event shall Louisiana Swap Shop.com’s liability for the performance or nonperformance of services, or otherwise, exceed the amount actually paid to Louisiana Swap Shop.com by you for the defective services at issue. The foregoing is intended as a complete allocation of the risks between the parties. Because the bargain struck and the price paid for Services reflect such allocation this limitation upon remedies will not have failed of its essential purpose.
Nothing contained in any Addendum or in these Terms and Conditions shall be construed to place Louisiana Swap Shop.com and you in a relationship as partners, joint venturers, or principal and agent, respectively.
14. Governmental Regulations
These Terms and Conditions are at all times subject to governmental proclamations, laws and regulations now or hereafter in effect.
These Terms and Conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions
Louisiana Swap Shop.com will provide you with any notices required or permitted under these Terms and Conditions on the Website.
17. Miscellaneous The provisions of Sections 11 through 18 of these Terms and Conditions shall survive your cancellation, termination or expiration of these Terms and Conditions or your use of the Website. These Terms and Conditions shall be governed and construed in accordance with the laws of the state of Louisiana, without regard to its conflicts of law principles. You agree to promptly and voluntarily submit to the exclusive jurisdiction of the Louisiana state courts located in New Orleans, Louisiana or the United States District Court for the Eastern District of Louisiana located in New Orleans, Louisiana, with respect to any legal proceedings arising out of these Terms and Conditions, waiving all defenses with respect to jurisdiction, forum and venue. Any action against Louisiana Swap Shop.com, including without limitation, claims pertaining to defects, errors or omissions in the goods or services provided by Louisiana Swap Shop.com, warranty claims, or errors in billing, must be brought by you within one (1) year of when the cause of action arose against Louisiana Swap Shop.com, regardless of your lack of knowledge of the claim. These Terms and Conditions: (a) contain the entire agreement between Louisiana Swap Shop.com and you relating to the services; and (b) shall be binding upon and inure to the benefit of the heirs, successors and permitted assigns of the parties. The paragraph headings contained herein are for the convenience of reference only and shall not be construed so as to affect the interpretation or construction of any substantive provision hereof.