This Agreement governs your use of GreenZap's ZapExchange Services, hereafter referred to as "ZapExchange", "Service" or "Services." PLEASE READ THIS A GREEMENT CAREFULLY. BY USING THE SERVICE YOU ARE AGREEING TO THE TERMS AND CONDITIONS SET FORTH HEREIN. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICE.

Changes to Agreement. ZapExchange reserves the right to change any of the terms and conditions contained in this Agreement or any policies or rules at any time and in its sole discretion. Any such changes will be effective upon the posting of the revised Agreement or such policies and rules posted on the ZapExchange website. You must review this Agreement regularly to remain up-to-date on its contents. The Agreement can be found as a link on the bottom of the ZapExchange home page.

Eligibility. You must be 18 years or older to post any content, whether it's a personal listing or an item for sale, on the ZapExchange website. You must be able to lawfully enter into and form contracts under applicable law. When buying an item, you must be able to provide your legal name, current address, phone number, email address, and valid credit card or banking information. Dependent on the value of the item being bought or sold, you authorize GreenZap to verify the accuracy of your information by means it sees fit.

Fees. You agree to pay the GreenZap and/or ZapExchange fees and charges set forth in this Agreement and/or GreenZap's User Agreement. These fees and charges may change from time to time without notice to you. All fees and charges are payable upon demand. You agree that GreenZap is authorized to charge any credit card connected to your GreenZap Account for these fees and charges in the event owed fees cannot be collected from your GreenZap user account available cash balance. As a seller, you also agree that GreenZap may deduct such fees and charges from amounts payable to you by buyers. Without limiting any of its rights or remedies available at law or equity, GreenZap may suspend or terminate your GreenZap account if any such amounts are overdue, and all such overdue amounts shall be subject to a late charge equal to 1.5% per month, which interest will be immediately due and payable from the due date for payment until the date of actual receipt of the amount in cleared funds by GreenZap.

	ACCOUNT TYPE
	Express	Green	Gold
ADDING FUNDS
Add via ACH	n/a	$2	FREE
SENDING FUNDS
Send by ACH	n/a	FREE	FREE
Send by CC	n/a	FREE	FREE
Send by GZ	n/a	FREE	FREE
WITHDRAWING FUNDS
W/D via ACH	n/a	$2	FREE
W/D via Check	n/a	$5	FREE
W/D via Int'l Wire	n/a	$30	$15
RECEIVING FUNDS
Receive by ACH	n/a	$2	*$0 - $1.00
Receive by CC	n/a	5.95% + $2	*$0 - 5.95% + $1
Receive by GZ	n/a	$2	FREE

*Gold members (who have paid the $100.00 Gold member fee and are verified) when using GreenZap's "ZapExchange" website, have the ability to select the percentage of the transaction fee that is covered by the buyer, up to the entire amount, effectively reducing the cost per transaction to zero dollars for the seller. You will be able to establish your transaction fee parameters during the set-up of each individual classified listing.

Posted Content. You understand that all Content i.e. postings, messages, text, files, images, photos, video, etc, posted on or transmitted through, or linked from ZapExchange, are the sole responsibility of the person from whom such Content originated. You understand that ZapExchange does not control, and is not responsible for Content made available through ZapExchange, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Please note: some Content may contain links to other websites, which are independent of GreenZap and ZapExchange. LINKING TO ANY OTHER WEBSITE IS AT YOUR OWN RISK. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will GreenZap or ZapExchange be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that ZapExchange does not pre-screen or approve Content, but that ZapExchange shall have the right in its sole discretion to refuse, delete or move any Content that is available via the Service for any other reason.

Information and Content Provided by Sellers. You agree and warrant that any service or product description you provide on ZapExchange and any other information and/or content you provide to buyers at any time ("Seller Content"): (a) will be truthful, accurate and not misleading or otherwise deceptive; (b) will not violate the intellectual property rights of any third party such as copyright, patent, trademark, trade secret or other proprietary rights, rights of publicity or privacy; (c) will not violate any law, statute, ordinance or regulation; (d) will not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; and, (e) will not create liability for GreenZap or ZapExchange. You automatically grant, as well as represent and warrant that you have the right to grant to ZapExchange (which includes, without limitation, all of GreenZap's affiliated companies), an irrevocable, perpetual, sub licensable, transferable, non-exclusive, royalty-free and fully paid-up, worldwide right and license to use, copy, transmit, perform, display, modify and create derivative works, incorporate and imbed into other works, and distribute such Seller Content throughout the website and all of the GreenZap's properties and websites (including, without limitation, ZapExchange and e-newsletter, ZapWire) in any medium or form now existing or later created.

Unacceptable Content. You agree not to post, email, or otherwise make available Content:

1. that is false, deceptive, misleading, deceitful, or constitutes "bait and switch";
2. that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
3. that constitutes or contains junk mail, spam, chain letters, pyramid schemes or unsolicited commercial advertisement;
4. that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way;
5. that is pornographic or depicts a human being engaged in actual sexual conduct including but not limited to (i) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex, or (ii) bestiality, or (iii) masturbation, or (iv) sadistic or masochistic abuse, or (v) lascivious exhibition of the genitals or pubic area of any person;
6. that are Firearm-related items, gun parts, gun accessories, paintball equipment and accessories, stun guns, crossbows, air soft equipment and accessories, hand weapons and throwing knives.
7. that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
8. that violates the Fair Housing Act by stating, in any notice or ad for the sale or rental of any dwelling, a discriminatory preference based on race, color, national origin, religion, sex, familial status or handicap (or violates any state or local law prohibiting discrimination on the basis of these or other characteristics);
9. that violates federal, state, or local equal employment opportunity laws, including but not limited to, stating in any advertisement for employment a preference or requirement based on race, color, religion, sex, national origin, age, or disability.
10. with respect to employers that employ four or more employees, that violates the anti-discrimination provision of the Immigration and Nationality Act, including requiring U.S. citizenship or lawful permanent residency (green card status) as a condition for employment, unless otherwise required in order to comply with law, regulation, executive order, or federal, state, or local government contract.
11. that includes personal or identifying information about another person without that person's explicit consent;
12. that constitutes or contains any form of advertising or solicitation and is posted in areas of ZapExchange which are not designated for such purposes;
13. that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law, including without limitation items the sale of which is prohibited or regulated by California law.
14. that 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; that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service; or that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.

Payments. ZapExchange utilizes GreenZap as its exclusive online payment processor. When selling an item on ZapExchange, the buyer may authorize payment to you through the buyer's GreenZap account. Though payment may be authorized by a buyer through a buyer's GreenZap Account, GreenZap is not the purchaser of the item and any dispute with the buyer must be resolved by you directly with the buyer. When a buyer places an order with you through the ZapExchange, GreenZap will authorize the applicable bank account or credit card for the entire purchase amount. GreenZap shall have no obligation to make any Payment to seller with respect to any purchase made by a buyer, unless and until GreenZap actually receives payment from such buyer. Payments received from buyer will be deposited into your GreenZap user account. GreenZap may set transaction limits on any seller and will not be liable to seller for blocking or otherwise refusing to proceed with any transaction. GreenZap also reserves the right to withhold the payment of funds to you or to return funds to the buyer if we are currently investigating any claim or any suspected or alleged wrongful conduct by you or any violation of the User Agreement, and you agree that GreenZap will not be liable to you for any such amounts. Upon any termination or suspension of your account, GreenZap may hold all Seller Payments for 180 days to allow for outstanding transactions to clear and for the settlement of all amounts owed to GreenZap.

Dispute Resolution Steps and Refunds. When necessary, ZapExchange will provide your email address and other contact information to buyers who have purchased a product or service from you. You agree to respond promptly to inquiries by buyers. You will provide an immediate order cancellation notice to GreenZap and buyers if you are unable to ship the product immediately upon order placement. You agree that you will provide a prompt refund to a buyer if the buyer did not receive the product you shipped, if the product grossly does not match the description as listed, or if the buyer receives a product other than the one they ordered. GreenZap will not mediate disputes or contact buyers on your behalf. If the buyer submits a claim to GreenZap concerning a product or an order from you, GreenZap may research the claim and may contact you concerning the claim. You agree to respond promptly to any inquiry by GreenZap. GreenZap's decision concerning the claim is final and binding and you agree to abide by such decisions. In the event GreenZap provides any amount to a buyer in connection with a buyer's claim, or the buyer seeks a chargeback with the buyer's credit card company, you agree to promptly reimburse GreenZap for the amount of the transaction and any associated fees and charges. GreenZap may immediately offset any such amount from any other amount to be paid to you in accordance with this Agreement, may charge your credit card on file, and/or may collect such funds in any other lawful manner. Without limiting any of its rights to remedies, if GreenZap determines that you have directly or indirectly attempted or committed fraud activity with respect to, GreenZap's User. At such time, GreenZap may immediately suspend or terminate your account.

Buyer Beware. The ZapExchange Service is simply a platform for posters, buyers and sellers to interact. When interacting with third parties found in connection with ZapExchange, please make educated choices and proceed with caution. A “Verified” GreenZap user does not guarantee an individual's actions will be honest and forthcoming. If you are in doubt, email our customer service and wait for a response before taking action. ZapExchange is NOT an agent for the posters, sellers or buyers and has no authority over such parties. ZapExchange has no control over whether sellers will deliver products or services as promised, and equally has no control over whether buyers will make good on funds due. Again, email customer service at support@zapexchange.com when in doubt.

Account Termination. You agree that ZapExchange and GreenZap, in its sole discretion, have the right to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if ZapExchange believes that you have violated this Agreement. Further, you agree that ZapExchange shall not be liable to you or any third-party for any termination of your access to the Service.

Anti-Spam Policy . ZapExchange strictly enforces a no tolerance policy when it comes to spam. We prohibit the sending of unsolicited mass messages of any kind. If ZapExchange finds that you are spamming other Internet users, you will immediately lose your ZapExchange account privileges. In accordance with this Anti-Spam policy, Anti-Spam Policies of others (including our web hosting providers) and the CAN-SPAM Act or its equivalent, if you are violating any of those policies or regulations, ZapExchange shall have the right to immediately terminate your account and, at its sole discretion, bring legal action against you. Should any law enforcement agency, internet provider, web hosting provider or other person or entity provide us with notice that you may have engaged in transmission of unsolicited e-mails or may have engaged in otherwise unlawful conduct or conduct in violation of an internet service provider's terms of service or any such policies or regulations, we reserve the right to cooperate in any investigation relating to your activities including disclosure of your account information. To read the complete policy, please visit: http://www.greenzap.com/anti-spam-policy.asp.

Privacy and Information Disclosure . You acknowledge, consent and agree that ZapExchange shall provide buyers with information that is reasonably necessary for buyers to communicate with you regarding the purchase or shipment of goods and services purchased from you and any issues that may arise in connection with their purchase. You hereby agree that ZapExchange shall have no responsibility, obligation or liability with respect to the disclosure of such information. You hereby represent, warrant and agree (a) not to use any information regarding other ZapExchange users that may be disclosed to you during a transaction, except to enter and complete transactions, and (b) not to use any such information for purposes of solicitation, sending unsolicited email or spamming, harassment, or other conduct deemed unacceptable or objectionable per ZapExchange's User Agreement, GreenZap's User Agreement, Spam and Privacy Policies.

Indemnity. You agree to indemnify, defend and hold harmless GreenZap and its parents, sister companies, subsidiaries, affiliates, service providers, sellers, distributors, licensors, officers, directors and employees from any claim or demand, including reasonable attorneys' fees, made by any third party arising out of or related to any claim, demand or action, which if true, would constitute a breach or violation of any provision of this Agreement or GreenZap's User Agreement, or of any law, regulation or third-party right. GreenZap may immediately set-off any and all of its costs and/or expenses that are incurred in connection with the foregoing against any amounts owing to seller (including, without limitation, any Seller Payments).

RELEASE. IN THE EVENT OF A DISPUTE OR CLAIM REGARDING ANY PURCHASE MADE THROUGH ZAPEXCHANGE, OR BETWEEN YOU AND A BUYER OR OTHER THIRD PARTY RELATED TO ANY PURCHASE MADE THROUGH ZAPEXCHANGE, YOU HEREBY RELEASE GREENZAP AND ITS PARENTS, SISTER COMPANIES, SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS, SELLERS, DISTRIBUTORS, LICENSORS, OFFICERS, DIRECTORS AND EMPLOYEES FROM ALL CLAIMS, DAMAGES OR DEMANDS OF ANY KIND, WHETHER KNOWN OR UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTE OR CLAIM. YOU ACKNOWLEDGE THAT YOU MAY DISCOVER FACTS DIFFERENT FROM OR IN ADDITION TO THOSE WHICH YOU NOW KNOW OR BELIEVE TO BE TRUE AND THAT THIS RELEASE SHALL BE AND REMAIN EFFECTIVE IN ALL RESPECTS EVEN IF YOU DISCOVER NEW OR ADDITIONAL FACTS AFTER YOU EXECUTE THIS AGREEMENT. YOU EXPRESSLY WAIVE ALL RIGHTS AND BENEFITS CONFERRED UPON YOU BY THE PROVISIONS OF SECTION 1542 OF THE CALIFORNIA CIVIL CODE, WHICH STATES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH [YOU] DO NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR [RELEASEES]"

WARRANTY DISCLAIMER. YOU AGREE THAT YOU USE THE SERVICE AT YOUR OWN RISK. THE SERVICES, CONTENT, SOFTWARE, ARTWORK, DATA, AND INFORMATION ARE PROVIDED "AS IS." GREENZAP EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO OR REFERENCED BY ZAPEXCHANGE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR QUALITY OF DATA AND FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, TITLE, NON-INFRINGEMENT, LACK OF VIRUSES OR CORRESPONDENCE TO DESCRIPTION.

LIMITATION OF LIABILITY. THE ENTIRE RISK ARISING OUT OF YOUR USE OF ZAPEXCHANGE, THE USE OF ANY SERVICES OFFERED, AND/OR THE USE OF ANY CONTENT REMAINS WITH YOU. IN NO EVENT SHALL GREENZAP OR ITS LICENSORS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF YOUR USE OF THE SERVICES. THE MAXIMUM LIABILITY THAT GREENZAP SHALL HAVE IS LIMITED TO THE ACTUAL VALUE OF ANY PAYMENTS ACTUALLY RECEIVED BY GREENZAP IN CONNECTION WITH ANY SALES MADE BY YOU THROUGH ZAPEXCHANGE. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY, DISCLAIMERS OF WARRANTIES AND LIMITED REMEDIES SET FORTH HEREIN REPRESENT AN INSEPARABLE ALLOCATION OF RISK (INCLUDING, WITHOUT LIMITATION, IN THE EVENT OF A TOTAL AND FUNDAMENTAL BREACH OF THIS AGREEMENT) THAT IS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.