TERMS AND CONDITIONS
These terms and conditions (these “Terms”) are entered into between you and Swehl Inc. (“Swehl”), and govern your use of (a) www.swehl.com and all other websites operated by Swehl (including any content and functionality available on such websites) (each, a “Site,” and collectively, the “Sites”), and (b) any products or services you order through the Sites (collectively, “Products”).
Please read these Terms carefully before you use the Sites, including ordering any Products through the Sites. By using the Sites, you agree to be bound and abide by these Terms. If you do not want to agree to these Terms, you are not permitted to access or use the Sites. If you breach these Terms at any time, your right to access the Sites will be terminated.
The Sites are offered and available only to users who are 18 years of age or older. By using the Sites, you represent and warrant that you are 18 years of age or older.
THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
1. Use of the Sites.
a. Accessing the Sites. Swehl reserves the right to takedown or change the Sites, and any service or material Swehl provides on the Sites, at Swehl’s sole discretion without notice. Swehl will not be liable if a Site is unavailable at any time for any reason. From time-to-time, Swehl may restrict access to some parts of a Site, or an entire Site(s), including to registered users.
b. Account Information. If you register with a Site, you must treat your user name, password, and any other secure information associated with your account (“Account Information”) confidential, and must not share your Account Information with any third party. You agree to notify Swehl immediately of any unauthorized access to or use of your Account Information or any other breach of security. Swehl has the right to disable any user name, password, or other identifier, whether chosen by you or provided by Swehl, at any time at Swehl’s sole discretion, including if Swehl believes you have violated any provision of these Terms. Swehl is not liable to you or any third party for any unauthorized use of your Account Information.
c. Prohibited Uses. You shall not: (i) use the Sites in violation of any applicable federal, state, local, or international law or regulation (“Applicable Laws”), (ii) use the Sites to transmit, or procure the sending of, any advertising or promotional material without Swehl’s prior written consent, including any "junk mail," "chain letter," "spam," or similar solicitation, (iii) use the Sites to impersonate or attempt to impersonate Swehl or any of its employees, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing), (iv) use the Sites to engage in any conduct that interferes with anyone's use of the Sites, or which Swehl determines may harm Swehl or any Site’s users, or expose Swehl or any of those users to liability, (v) use the Sites in any manner that could disable, overburden, or damage the Sites, or interfere with the Sites’ operation, (vi) use any robot, spider, or other automatic device, process, or means to access the Sites for any purpose, including monitoring or copying any of the material on the Sites, (vii) introduce to the Sites any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful, or (viii) attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of a Site, the server on which a Site is stored, or any server, computer, or database connected to a Site.
e. Enforcement. Swehl has the right to, in Swehl’s sole discretion: (i) remove, refuse to post, or take any other action with respect to a User Contribution for any reason, including if Swehl believes that a User Contribution violates these Terms, infringes a third party’s rights, threatens the safety of a Site’s users or the public, or could create liability for Swehl, (ii) take appropriate legal action (including without limitation, referral to law enforcement) for any illegal or unauthorized use of the Sites, and otherwise cooperate fully with any law enforcement authorities or court order requesting or directing Swehl to disclose the identity or other information of anyone posting any materials on or through the Sites, (iii) terminate or suspend your access to all or part of the Sites for any reason, including without limitation, any violation of these Terms, and (iv) disclose your identity or other information about you to any third party who claims that your User Contribution violates their or another third party’s rights. YOU WAIVE AND HOLD HARMLESS SWEHL AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
f. Monitoring. Notwithstanding the terms of subsection (e) above, Swehl does not review User Contributions before they are posted on the Sites, and cannot ensure prompt removal of an objectionable User Contribution after it has been posted. Accordingly, Swehl is not responsible or liable to any third party for the content or accuracy of any User Contributions, and assumes no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party.
g. Reporting Claims of Copyright Infringement. Swehl takes claims of copyright infringement seriously and will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from a Site infringes your copyright, you may request removal of those materials (or access to them) from the Site by submitting written notification to Swehl’s copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following: (i) your physical or electronic signature, (ii) identification of the copyrighted work you believe to have been infringed, (iii) a description of the precise location where the allegedly infringing content appears, (iv) adequate information by which Swehl can contact you (including your name, mailing address, telephone number, and email address), (v) a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law, (vi) a statement that the information in the written notice is accurate, and (vii) a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Swehl Inc. 9350 Wilshire Blvd, Suite 203 Beverly Hills, CA 90212
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. If you knowingly materially misrepresent that material or activity on a Site is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
h. Site Content. The Sites and their contents, features, and functionality (including all information, software, content, and Trademarks (as defined below), and the design, selection, and arrangement of those materials) (collectively, the “Site Content”) are owned by Swehl, its licensors, or other providers of the Site Content and are protected by United States and international copyright, trademark, patent, and other intellectual property or proprietary rights laws. These Terms permit you to use the Sites for your personal, non-commercial use only. You are not permitted to reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, download, store, or transmit any Site Content, except as follows: (i) your computer may temporarily store copies of Site Content in RAM incidental to your accessing and viewing Site Content, (ii) you may store files that are automatically cached by your internet browser for display enhancement purposes, (iii) you may print a reasonable number of pages of Site Content for your own personal, non-commercial use and not for further reproduction, publication, or distribution, and (iv) if Swehl provides social media features with certain content, you may take such actions as are enabled by such features. No right, title, or interest in or to Sites or Site Content is transferred to you, and all rights not expressly granted are reserved by Swehl. Any use of the Sites or Site Content not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. If you wish to make any use of Site Content that is not permitted under these Terms, you may request to do so by emailing firstname.lastname@example.org. Swehl may update the Site Content from time-to-time, but the Site Content is not necessarily complete or up-to-date and Swehl. is under no obligation to update the Site Content.
i. Trademarks. The term Swehl and all related names, logos, product and service names, designs, and taglines are the registered and unregistered trademarks of Swehl and its affiliates (the “Trademarks”). You are not authorized to use the Trademarks without Swehl’s prior written permission. All other names, logos, product and service names, designs, and slogans on the Sites are the trademarks of our licensors and other respective owners.
j. Reliance on Information Posted. The information posted on the Sites is made available for general information purposes only. Swehl does not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. Swehl disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Sites, or by anyone else who may be informed of any of its contents. The Sites may include materials provided by third parties; all such materials are solely the opinions and the responsibility of the party providing those materials. Swehl is not liable to you or any third party for any materials provided by others.
k. Links from the Sites. If the Sites (including any advertisements on the Sites) contain links to third party websites or resources, these links are provided for your convenience only. Swehl has no control over the contents of those websites or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any third-party websites linked to the Sites, you do so at your own risk and subject to any terms and conditions that govern those websites.
l. Disclaimer of Warranties. You understand that Swehl cannot and does not guarantee or warrant that the Sites or any Site Content will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Sites for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, Swehl WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITES (INCLUDING ANY SERVICES OBTAINED THROUGH THE SITES, YOUR DOWNLOADING OF ANY SITE CONTENT, OR ANY WEBSITE LINKED TO THE SITES). YOUR USE OF THE SITES, SITE CONTENT, AND ANY SERVICES OBTAINED THROUGH THE SITES IS AT YOUR OWN RISK. THE SITES, SITE CONTENT, AND ANY SERVICES OBTAINED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER Swehl NOR ANY PARTY ASSOCIATED WITH Swehl (I) MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITES, OR (II) REPRESENTS OR WARRANTS THAT THE SITES, SITE CONTENT, OR ANY SERVICES OBTAINED THROUGH THE SITES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITES OR THE SERVER(S) THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITES OR ANY SERVICES OBTAINED THROUGH THE SITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW, Swehl HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
2. Purchase of Products.
a. Order Acceptance and Cancellation. You agree that your order for Products is an offer to buy all Products listed in your order pursuant to these Terms. Swehl may accept or reject orders in its sole discretion, and will only be obligated to sell Products in accepted orders. After having received your order, Swehl will send you a confirmation email with your order number and details of the Products you have ordered. Acceptance of your order and the formation of the contract of sale between you and Swehl will not take place unless and until you have received your order confirmation email.
b. Prices and Payment Terms. All prices posted on the Sites are subject to change without notice. The price charged for a Product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. Swehl is not responsible for pricing, typographical, or other errors in any offer and reserves the right to cancel any orders arising from such errors. You represent and warrant that (i) the credit card information you supply when placing your order is correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
c. Shipments; Delivery; Title and Risk of Loss. Swehl will arrange for shipment of the Products to you. Delivery options, if available, will be presented to you during check-out. You will pay all shipping and handling charges specified during the ordering process. Title and risk of loss pass to you upon our transfer of the Products to the shipping carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. Swehl is not liable for any delays in shipments.
d. Returns and Refunds. Swehl’s Returns & Exchanges policy can be found on our Site’s FAQ pages, which is incorporated into these Terms by reference. You bear the risk of loss during shipment of any products you are returning or exchanging. We offer no refunds on any products designated on the Sites as non-returnable.
e. Limited Warranty; Disclaimer. Swehl offers a lifetime warranty that its Products will be free from defects in materials and workmanship. If you have a defective Product or Product part, you can reach out to Swehl by filling-out this form. Swehl may ask you to email photos or videos of the defective Product, or to mail the defective Product (using a prepaid shipping label) in connection with your request. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT AND UNDER NO LEGAL THEORY WILL (I) SWEHL OR ITS AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES, COSTS, OR LIABILITIES ARISING FROM OR RELATED TO THE PURCHASE OR SALE OF ANY PRODUCT OR THESE TERMS, INCLUDING, WITHOUT LIMITATION, ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR EXPENSES OR BUSINESS INTERRUPTION; PROPERTY DAMAGE; ATTORNEYS’ FEES; LOSS OF PROFITS, USE, REVENUE, OR GOODWILL; OR VALUE OF ASSETS OR SECURITIES), EVEN IF SUCH PARTY HAS BEEN ADVISED OR IS OTHERWISE AWARE OF THE POSSIBILITY OF SUCH DAMAGES; OR (II) Swehl’S OR ITS AFFILIATES’ TOTAL LIABILITY ARISING OUT OF OR RELATED TO THE PURCHASE AND SALE OF A PRODUCT EXCEED THE AMOUNT YOU PAID FOR THAT PRODUCT. THE LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND Swehl.
f. No Resale. You may purchase Products for your personal or household use only. Except as expressly approved by Swehl, you may not purchase any Product for the purpose of reselling it to any third party. Swehl reserves the right to refuse or cancel any Product orders (or attempted orders) that Swehl suspects or determines you are buying to resell without authorization.
4. Changes to these Terms. Swehl may update these Terms from time-to-time at its sole discretion. All changes are effective immediately when Swehl posts them. Your continued use of the Sites following the posting of revised Terms means that you accept and agree to the changes. Please check this page from time-to-time so you are aware of any changes, as they are binding on you.
5. Indemnification. You agree to defend, indemnify, and hold harmless Swehl and its affiliates, licensors, and service providers, and all such parties’ respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to (a) your violation of these Terms, or (b) your use of the Sites, including, but not limited to, your User Contributions.
6. Unsolicited Idea Policy. Swehl loves great ideas, no matter where they come from - some fan-favorite Swehl products were developed with partners. If you are interested in submitting an unsolicited idea or other information to Swehl (each, a “Submission”), you may do so through this form. If Swehl likes your Submission, Swehl may respond to begin discussions about a possible business relationship. However, when you submit a Submission, you acknowledge and agree that: (a) Swehl is under no obligation to respond to your Submission or keep your Submission confidential; and (b) Swehl may be developing or may later develop, manufacture, and/or distribute products, product features, concepts, or techniques that are similar to or compete with ideas incorporated in your Submission, without any compensation, liability, or other obligation to you. You represent and warrant that your Submission does not include any third party’s confidential information, proprietary know-how, trade secrets, or other intellectual property.
7. Dispute Resolution and Binding Arbitration.
a. YOU AND SWEHL ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND Swehl ARISING FROM OR RELATING IN ANY WAY TO YOUR USE OF A SITE AND/OR YOUR PURCHASE OF PRODUCTS THROUGH A SITE WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
b. The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Section. (The AAA Rules are available at adr.org or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that this arbitration provision or these Terms are void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. Swehl will be responsible for paying any individual consumer's arbitration/arbitrator fees. You may elect to pursue your claim in small-claims court rather than arbitration if you provide Swehl with written notice of your intention to do so within 60 days of your purchase or use of the Site giving rise to the claim (as applicable) by emailing email@example.com. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
c. You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR SWEHL WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
a. Governing Law. All matters relating to the Sites, Products, and these Terms, and any resulting or related dispute or claim (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of, or related to, the Sites, Products, or these Terms shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in Los Angeles, CA. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
b. Waiver and Severability. No waiver by Swehl of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Swehl to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
c. No Assignment or Third Party Beneficiaries. You are not permitted to assign any of your rights or delegate any of your obligations under these Terms without Swehl’s prior written consent. Any purported assignment or delegation in violation of this section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
e. Your Comments and Concerns. The Sites are operated by Swehl, Inc. 9350 Wilshire Blvd, Suite 203, Beverly Hills, CA 90212. All feedback, comments, requests for technical support, legal notices, and other communications relating to the Sites or these Terms should be directed to: firstname.lastname@example.org
f. SWEHL is a federally registered trademark of Swehl, Inc. Any unauthorized use is prohibited.