Last Updated: August 23, 2025
Welcome to South West Swap (the “Website”), located at www.southwestswap.com, operated by South West Swap, a company based in Farmington, New Mexico (“we,” “us,” or “our”). These Terms and Conditions (“Terms”) govern your access to and use of the Website, including all services, features, and content offered therein. By accessing or using the Website, you agree to be bound by these Terms. If you do not agree, you must not use the Website.
1. Acceptance of Terms
By accessing or using the Website, you represent that you are at least 18 years of age and have the legal capacity to enter into this agreement. If you are using the Website on behalf of an entity, you represent that you have the authority to bind that entity to these Terms. You agree to comply with all applicable local, state, and federal laws, including those of New Mexico and the Southwest states (Arizona, Colorado, Nevada, New Mexico, Oklahoma, Texas, Utah).
2. Description of Services
South West Swap is a paid classified advertisements platform allowing registered users to post ads in the following categories: Business, Community, Employment, General For Sale, Personals, Pets, Real Estate & Housing, Services, Tasks, Vehicles for Sale, and Wanted Ads. The Website is viewable globally, but posting is restricted to users located in Arizona, Colorado, Nevada, New Mexico, Oklahoma, Texas, and Utah. Users must register to post ads, but anyone may view listings. There are no premium features; all ads require payment as outlined in Section 5.
3. User Registration
To post ads, you must create an account by providing accurate and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account. You agree to notify us immediately at support@southwestswap.com of any unauthorized use of your account. We reserve the right to refuse registration or terminate accounts at our discretion.
4. User Responsibilities and Prohibited Content
4.1 User Responsibilities
You are solely responsible for the accuracy, legality, and appropriateness of the content you post on the Website, including text, images, and links. You represent and warrant that your ads comply with all applicable laws and do not infringe on the rights of third parties, including intellectual property rights. You agree to indemnify and hold us harmless from any claims arising from your content or transactions.
4.2 Prohibited Content
The following goods, services, and content are strictly prohibited on South West Swap, based on industry standards and applicable laws:
Weapons and Related Items: Firearms, guns, ammunition, explosives, fireworks, BB/pellet guns, stun guns, spear guns, or any components thereof.
Illegal Substances and Items: Prescription drugs, controlled substances, drug paraphernalia, alcohol, tobacco, unpackaged or adulterated food or cosmetics.
Adult Content and Services: Pornography, explicit material, offers or solicitation of illegal prostitution, or sex trafficking.
Exploitation of Minors: Child pornography or any content exploiting or endangering minors.
Hazardous Materials: Recalled items, hazardous materials, body parts/fluids, unsanitized bedding or clothing.
Animal-Related Content: Animal parts, stud services, or endangered/protected species (e.g., ivory).
Fraudulent or Misleading Content: False, deceptive, or fraudulent listings, bait-and-switch tactics, or keyword spam.
Stolen or Illegal Items: Stolen property, items with altered serial numbers, burglary tools, counterfeit items, or unauthorized ticket transfers.
Government-Issued Items: ID cards, licenses, police insignia, government documents, or non-demilitarized U.S. military items.
Gambling and Lotteries: Lottery tickets, raffle entries, slot machines, or gambling-related items.
Other Illegal Content: Any goods, services, or content that violates federal, state, or local laws, including the New Mexico Unfair Practices Act.
We reserve the right to remove any content that violates these Terms or is deemed inappropriate, at our sole discretion.
4.3 Content Moderation
Ads are posted upon payment and are not reviewed prior to posting. Users may report ads for review using the “Report Abuse” button on each listing page. We will investigate reported content and remove it if it violates these Terms or applicable laws. Flagged content alleging copyright infringement will be reviewed and removed if found to violate the Digital Millennium Copyright Act (DMCA) or other applicable laws.
5. Payment and Fees
5.1 Ad Posting Fees
South West Swap charges the following fees for posting ads:
– Short Term: $3 for one ad, live for 5 days.
– Mid Term: $10 for one ad, live for 21 days.
– Long Term: $20 for one ad, live for 45 days.
All payments are processed securely via Stripe and accept major credit cards. Fees are non-transferable and must be paid at the time of posting.
5.2 Refund Policy
Refunds are issued at our discretion and subject to the following, based on industry standards:
Refunds may be requested within 24 hours of posting if the ad was posted in error and has not been viewed or acted upon.
No refunds will be issued for ads removed due to violation of these Terms or reported abuse.
Technical issues preventing ad posting may qualify for a refund or credit, subject to verification.
Requests for refunds must be submitted to support@southwestswap.com. We aim to process refund requests within 7-10 business days.
6. Liability and Disclaimers
6.1 Disputes Between Users
South West Swap is a platform facilitating connections between users and does not participate in transactions or disputes between buyers and sellers. You agree that any disputes arising from transactions are solely between the involved parties. We are not responsible for resolving disputes or ensuring the completion of transactions.
6.2 Liability for User-Generated Content
We are not liable for any user-generated content, including fraudulent, inaccurate, or illegal ads. You acknowledge that you use the Website at your own risk and are responsible for verifying the legitimacy of listings and other users before engaging in transactions. We do not endorse or guarantee the quality, safety, or legality of any goods, services, or users.
6.3 Disclaimers
The Website is provided “as-is” and “as available” without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not guarantee the accuracy, completeness, or reliability of any content or transactions. You assume all risks associated with using the Website, including risks of scams, fraud, or loss.
7. Intellectual Property
7.1 User-Generated Content
By posting content on the Website, you grant South West Swap a non-exclusive, royalty-free, worldwide, perpetual license to use, display, reproduce, and distribute your content for the purpose of operating and promoting the Website. You retain ownership of your content but acknowledge our right to use it as described.
7.2 Website Branding and Content
All trademarks, logos, and content owned by South West Swap, including the Website’s design and branding, are our exclusive property. You may not use, reproduce, or distribute our intellectual property without our explicit written consent. Unauthorized use is strictly prohibited.
8. User Conduct and Prohibited Activities
8.1 Prohibited Activities
You agree not to engage in the following activities:
1. Posting spam, repetitive, or miscategorized ads.
2. Harassing, threatening, or defaming other users.
3. Scraping, crawling, or extracting data from the Website without permission.
4. Posting content that infringes on third-party rights or violates applicable laws.
5. Using the Website for commercial advertising beyond permitted ad categories.
6. Sharing unauthorized third-party links, except for employer job application links or user website links in permitted ad categories.
8.2 Consequences of Violations
Violations of these Terms may result in content removal, account suspension, or termination at our discretion. Accounts with three or more violations may be permanently terminated. Illegal activities will result in immediate account termination and may be reported to law enforcement.
9. Privacy and Data
9.1 Data Collection and Use
Your personal information is collected, stored, and used in accordance with our Privacy Policy. We collect data necessary to operate the Website, such as account details, ad content, and payment information. We use this data to provide services, process payments, and improve the Website.
9.2 Data Sharing
We do not share your personal information with third parties, except for WordPress theme analytics used to improve the Website’s functionality. Any data shared with analytics providers is anonymized to protect your privacy.
9.3 Data Retention
User data, including account information and ad content, is retained for 14 days after deletion by the user, unless required by law to be retained longer. Ads are automatically removed after their paid duration (5, 21, or 45 days).
10. Termination and Suspension
We may suspend or terminate your account for:
– Repeated violations of these Terms (three or more violations).
– Engaging in illegal activities or posting prohibited content.
– Any behavior that disrupts the Website’s operation or harms other users.
You may delete your account or content at any time via your user dashboard. Upon deletion, your data will be retained for 14 days before permanent removal, subject to legal requirements.
11. Geographic Scope
The Website is viewable globally, but ad posting is restricted to users in Arizona, Colorado, Nevada, New Mexico, Oklahoma, Texas, and Utah. You must comply with the laws of these states and the United States when using the Website. We comply with applicable state laws, including the New Mexico Unfair Practices Act, and federal laws like the DMCA.
12. Dispute Resolution
Any disputes arising from these Terms or your use of the Website will be resolved through binding arbitration in Farmington, New Mexico, in accordance with the rules of the American Arbitration Association. You waive the right to participate in class actions. The governing law for these Terms and any disputes is the law of the State of New Mexico, without regard to its conflict of law principles.
13. Miscellaneous
13.1 Age Restriction
You must be at least 18 years old to use the Website. By registering, you confirm that you meet this age requirement.
13.2 Third-Party Links
Ads in the Employment category may include links to external job application websites, and users may include their own website links in permitted ad categories. We are not responsible for the content, security, or practices of third-party websites. Use such links at your own risk.
13.3 Social Media Sharing
Users may share ad links to Facebook and X (Twitter) via provided sharing buttons. You are responsible for ensuring shared content complies with these Terms and the policies of those platforms.
13.4 Updates to Terms
We may update these Terms at our discretion. Changes will be posted on this page with an updated “Last Updated” date. Continued use of the Website after changes constitutes acceptance of the revised Terms. We recommend checking this page periodically.
13.5 Contact Us
For questions or concerns about these Terms, contact us at support@southwestswap.com.
14. Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
15. Entire Agreement
These Terms, along with the Privacy Policy, constitute the entire agreement between you and South West Swap regarding the use of the Website, superseding any prior agreements.
