Acceptance of Terms of Use These Terms of Use govern your use of the GumdropSwap service and website. By using, visiting, or browsing the GumdropSwap service or website, you accept and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, you should not use the GumdropSwap service or website. These Terms of Use are an ongoing contract between you and GumdropSwap and apply to your use of the GumdropSwap service and website. These Terms of Use affect your rights and you should read them carefully.
Changes to Terms of Use Gift of Gabby LLC d.b.a. GumdropSwap, reserves the right, from time to time, with or without notice to you, to change these Terms of Use in our sole and absolute discretion. The most current version of these Terms of Use can be reviewed by clicking on the "Terms of Use" located at the bottom of the pages of the GumdropSwap website. The most current version of the Terms of Use will supersede all previous versions. Your use of the GumdropSwap website or continued use of our service after changes are made means that you agree to be bound by such changes. As such, you should review the Terms of Use periodically.
Privacy Any personally identifying information submitted on the GumdropSwap website is subject to our Privacy Policy, the terms of which are incorporated herein. Please review our Privacy Policy to understand our practices. The date of any changes to our Privacy Policy will be noted at the bottom of our Privacy Policy.
How Our Service Works GumdropSwap is a primarily an online subscription service providing its members with access to a gently used children's items in exchange for their gently used items or purchased with US currency. We offer a variety of membership plans at varying price levels, including special promotional plans or memberships with limitations. For customers who wish to "swap" their goods in person can make an appointment and come into our headquarters located in Bridgeport, CT. For online customers, "Swapped In" or traded items must be sent in to our headquarters for processing. Items are scrutinized for stains, rips, holes, missing buttons and other flaws. Only items that are in excellent condition wll be credited the full gumdrop value. Any items that are not in excellent used condition will be awarded ONE gumdrop per item and considered a charitable donation. Any items that arrive and require laundering because of odor or dirt, will be awarded half of the value on the chart. We will credit your account according to our Gumdrop Conversion Chart and the points earned (called "gumdrops") can then be used to purchase merchandise from our online store. Swapping items is not required. Items can be purchased without trading in goods.
We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we operate our service. Any description of how our service works should not be considered a representation or obligation with respect to how the service will always work. We are constantly making adjustments to our service and often these adjustments are not completely captured within these Terms of Use.
Below is a general description concerning the operation of our service:
- Membership: First you must register with the site to provide your contact information (this is free). Then if you wish to shop on our site, you must choose one of our paid subscription plans. For online only customers, there is a flat rate. For local members who will utilize the option of coming in person to drop off/pick up items, the pricing of the plans increases slightly by how many children in your family. To view your current plan and other details, click on "Your Details" on the left menu.
- Delivery Speed: We utilize the U.S. Postal Service to ship your purchased items. You may use any delivery service you wish to ship your items to us. The delivery times you encounter will vary based on a number of factors. We aim to ship out your purchased items within 24 hours but factors such as the size of your order and how many other orders are being processed can affect that time. We ask that you give us up to 72 hours to fulfill your order. You will be alerted via email when the order has been shipped. At present, we send you an email letting you know when we have received a shipment from you, when your account has been credited the gumdrops and another email letting you know when we have shipped your order. Other factors that may affect delivery times, include, but are not limited to, (i) the distance between our headquarters and your delivery address, (ii) the timing of your placement, (iii) circumstances impacting delivery by the U.S. Postal Service, and (iv) any unplanned downtime of our computer systems.
We may, in our sole and absolute discretion, change our business practice regarding allocation, delivery and shipping, without notice. We may from time to time revise these Terms of Use but we will not necessarily provide you notice of the revisions. It is up to you to review the Terms of Use frequently to determine if there have been changes. We believe that our operational practices, including how we prioritize shipping and inventory allocation among our members, provide a great value to all our members.
Membership and Billing You can find the specific details regarding your membership with GumdropSwap at anytime by clicking on the "Your Details" link, located on the left menu of the GumdropSwap Web site. You can view previous orders and the status of current orders by clicking "Order History".
- Free Trials: We encourage the use of our service through a free trial. A free trial lasts for 15 days for eligible new members. Free trials are to allow you to purchase from the site and see the exceptional quality of the clothes we swap before make the commitment of a membership.
Free trials are only available to first time customers of the GumdropSwap service and cannot be combined with any other offer. Only one free trial may be redeemed per household. A credit card is not required to participate in a free trial.
- Billing: By starting your GumdropSwap membership, you are expressly agreeing that we are authorized to charge you the membership fee that corresponds with the membership level you selected, any applicable tax (state of CT residents must pay tax) and any other charges you may incur in connection with your use of the GumdropSwap service to the Payment Method you provided during registration (or to a different Payment Method if you change your account information). As used in these Terms of Use, "billing" shall indicate either a charge or debit, as applicable, against your Payment Method, including a checking account, where applicable. The membership fee will be billed at the beginning of your membership and will NOT automatically renew. All fees and charges are nonrefundable and there are no refunds or credits for partially used periods. At any time, and for any reason, we may provide a refund, discount, bonus gumdrops or other consideration to some or all of our members. The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance. We may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes by email. If your membership period reaches near its expiration date, you will be prompted by email to renew your membership subscription. If you do not, renew your membership within 30 days of the expiration date, you will lose any gumdrops that remained in your account. You may donate your gumdrops to charity or to another member by expressing that in an email to
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.
- Ongoing Membership:
Your GumdropSwap membership will continue for the period of time affiliated with the sunscription level you selected or we terminate it. We may refuse/block certain customers from renewing their membership if they abuse the service.
- Community: Our website provides you with a number of ways to share your GumdropSwap experience with others. We are continually making changes and improvements, therefore the available features and information that is shared may change from time to time. These changes may take place or even be eliminated without notice to you and may not be described in these Terms of Use. We may not describe all these features in the Terms of Use or elsewhere on our website.
- Gumdrop of the Month: Each month we randomly select a “GOTM” from emailed customer submissions. The winner will be awarded bonus gumdrops in an amount determined at our discretion (between 2-5). To enter, email ONE photo of a child, multiple children, or a family group shot. This is a way to show off your beautiful family and win more Gumdrops. You only have to enter once in a membership year. If you do not win in one month, you are automatically in the drawing for subsequent months. You may only win once in a membership year. *Your photo may require altering to fit our website. We will do the best to retain the original layout. Vertical shots work best.
Please e-mail your photo in .jpg format to
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along with the First Name(s), Age(s), Clothing Size(s), Interesting comment (optional): For instance, if there are twin boys, you could say "brothers and best friends”. If multiple children are pictured, please list the names, ages, and clothing sizes as the children appear in left to right order.
Photos or images that you submit must be owned entirely by you and cannot contain the images of, or owned by, any third party, and cannot be infringing, vulgar, obscene, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable. You understand and agree that we may, but are not obligated to, review this content and may delete or remove it (without notice) in our sole and absolute discretion, for any reason or no reason. Remember, professional photographers retain the rights to their work. You must get written permission to use photos taken by a photographer.
You may leave a testimonial by clicking "Submit Testimonial" in the left menu. However, we reserve the right to reject, remove or edit such content at anytime without notice. Reviews should not be posted that contain: harsh, profane or discriminatory language; illegal, obscene, threatening, defamatory or otherwise objectionable content; URLs, phone numbers, mailing or e-mail addresses, or a discussion of GumdropSwap policies or services. By submitting a review, you understand and are permitting that all or part information provided in your testimonial may be posted on our Web site.
External Links The GumdropSwap website may contain links to websites or advertisements that link to websites. Such links may be owned or operated by third parties that are not related to, associated with or sponsored by GumdropSwap. Unless otherwise noted by GumdropSwap on the GumdropSwap website, these links are provided solely as a convenience to you, and GumdropSwap is not responsible for and does not endorse the content of such links. You will need to make your own independent judgment regarding your interaction with these external websites. We do not take any responsibility for the performance of the links. Use of links is at your own option and risk. If you have any questions, concerns, complaints, or claims about the links, you should contact the support or contact personnel of the linked website and not GumdropSwap, unless otherwise indicated by GumdropSwap. GUMDROPSWAP DISCLAIMS ALL LIABILITY ARISING FROM YOUR USE OF EXTERNAL LINKS.
Account Access; Identity Protection In order to provide you with ease of access to your account, GumdropSwap will place a cookie (a small text file) on any computer from which you access the GumdropSwap website. When you revisit the GumdropSwap web site, this cookie will enable us to recognize you as the account holder and provide you with direct access to your account without requiring you to retype any password or other user identification. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account.
You are also responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or mobile device. If you disclose your password to anyone or share your account with other people, you take full responsibility for their actions. Users of public or shared computers or unprotected mobile devices should log out at the completion of each visit to the GumdropSwap website.
If you find that you're a victim of identity theft and it involves a GumdropSwap account, you should notify customer service. Then, you should report this instance to all your card issuers, as well as your local law enforcement agency. GumdropSwap reserves the right to place any account on hold anytime with or without notification to the member in order to protect itself and its partners from what it believes to be fraudulent activity. GumdropSwap is not obligated to credit or discount a membership for holds placed on the account by either a representative of GumdropSwap or by the automated processes of GumdropSwap.
We do not represent or guarantee that your use of the GumdropSwap service and website will be free from interruption, loss, corruption, attack, viruses, interference, hacking, or other security intrusion and we disclaim any liability with respect thereto. No oral or written information or advice given by us or our authorized representative shall create a warranty or otherwise constitute a representation binding upon GumdropSwap or its affiliated partie
Intellectual Property
- Copyright: All content included on the GumdropSwap Web site and delivered to members as part of the service, text, graphics, logos, designs, photographs, button icons, images, audio/video clips, is the property of GumdropSwap, Inc., and is protected by United States and international copyright laws or other intellectual property laws and treaties. The compilation of all content on this site is the exclusive property of Gift of Gabby LLC, and protected by U.S. and international copyright laws. Content shall not be reproduced or used without express written permission from GumdropSwap. You agree not to decompile, reverse engineer or disassemble processes accessible through the GumdropSwap website, not to insert any code or product or manipulate the content of the GumdropSwap website in any way that affects the user's experience, and not to use any data mining, data gathering or extraction method. GumdropSwap reserves the right to terminate your membership hereunder if GumdropSwap, in its sole and absolute discretion, believes that you are in violation of this paragraph.
- Trademarks: GumdropSwap logo and GumdropSwap.com are trademarks Gift of Gabby LLC. The GumdropSwap website, including but not limited to its graphics, logos, page headers, button icons, scripts and service names constitute trade dress of GumdropSwap, Inc. The trademarks, service marks and trade dress of GumdropSwap may not be used or reproduced without prior written approval from GumdropSwap and may not be used in connection with any product or service that is not affiliated with GumdropSwap, in any manner that is likely to cause confusion among customers, in any manner that dilutes the rights of GumdropSwap, or in any manner that disparages or discredits GumdropSwap. The Sonic Eagle and Mailbox logos are trademarks of the United States Postal Service and are used only with the permission of the United States Postal Service (USPS is not affiliated with, connected to, sponsored by, or a sponsor of, GumdropSwap.) Other trademarks that appear on the GumdropSwap website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by GumdropSwap. Any images of persons or personalities contained on the GumdropSwap website are not an indication or endorsement of GumdropSwap or any particular product or our service unless otherwise indicated.
Use of Information Submitted GumdropSwap, Inc., is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to GumdropSwap via email, phone, testimonials, or responses to questionnaires, without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the GumdropSwap website or other websites. Furthermore, by submitting Feedback to us, or in responding to questionnaires, you grant us a perpetual, non-exclusive, royalty-free irrevocable license and right to display, use, reproduce or modify the Feedback submitted in any media of any kind now existing or developed in the future.
Please note GumdropSwap does not accept unsolicited materials or ideas for use or publication, and is not responsible for the similarity of any of its content in any media to materials or ideas transmitted to GumdropSwap. Should you send any unsolicited materials or ideas, you do so with the understanding no additional consideration of any sort will be provided to you, and you are waiving any claim against GumdropSwap and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you sent.
Electronic Communications
By using the GumdropSwap service, you consent to receiving electronic communications from GumdropSwap. These communications will include notices about your account (e.g., shipping and receiving e-mails and other transactional information) and information concerning or related to our service. These communications are part of your relationship with GumdropSwap and you receive them as part of the GumdropSwap membership. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Your Conduct on the GumdropSwap Website By accessing the GumdropSwap website, you agree to use the GumdropSwap service in accordance with all applicable laws, rules and regulations. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material 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 associated with the GumdropSwap website. You also agree not to interfere with the servers or networks connected to the GumdropSwap website or to violate any of the procedures, policies or regulations of networks connected to the GumdropSwap website. You also agree not to impersonate any other person while using the GumdropSwap website, conduct yourself in a vulgar or offensive manner while using our service, or use the GumdropSwap website for any unlawful purpose.
Taxes: CT residents are responsible for taxes (6%).
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