Notice of Terms and Agreement
This page sets forth the terms and conditions (the “Terms”) for the website – www.swiftwick.com (the “Website”) operated and owned by Swiftwick. These Terms constitute a binding contractual agreement between you and Swiftwick and by accessing, browsing, or using the Website, you acknowledge acceptance of the terms and conditions listed in these Terms. If you do not accept the terms and conditions listed in these Terms, you must suspend your use of the Website. Swiftwick reserves the right to update these Terms from time to time. You should review these Terms periodically for updates and changes. The Website is not available to minors and shall not be used by minors.
Your Representative Capacity
Your use of this Website as a representative or an employee of a company purchaser constitutes your affirmative representation to Swiftwick that you are authorized to access this Website and order products and services on behalf of your company and to bind your company to these Terms. The term “you,” or “your” as used in these Terms shall include you the individual user and the company for whom you represent or work, if applicable.
Use of Materials Found on Website
Swiftwick grants you a limited, non-exclusive, non-transferable, non-assignable, revocable license to view and temporarily download a copy of any materials displayed on the Website solely for your personal and non-commercial use. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website or with any other person’s use of the Website.
Providing Information to Swiftwick
The Website allows you to provide personal information to Swiftwick. By submitting or entering your information into the Website, you agree that you grant Swiftwick a perpetual, non-exclusive, irrevocable, royalty free, worldwide license and right, but not the obligation, to use, copy, modify, display, distribute, download, store, reproduce, transmit, publish or transfer in any manner, in entirety or a portion of, the information you provide, and by any means, forever and worldwide.
When you order a product from Swiftwick, or send e-mails, text messages and other communications from your desktop or mobile device to Swiftwick, you are communicating with Swiftwick electronically. You consent to receive communications from Swiftwick electronically. Swiftwick will communicate with you in a variety of ways such as e-mail, text or by posting notices and messages on this site and on social media platforms. You agree that all agreements, notices, disclosures and other communications that Swiftwick provides to you electronically satisfy any legal requirement that such communications be in writing.
If you choose to provide information to Swiftwick through the Website, you agree to provide information that is correct and accurate.
Terms and Conditions of Separate Purchase Agreement
Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Website, all of which terms are made a part of these Terms by this reference. You agree to abide by such other terms and conditions including, without limitation, any terms and conditions set forth in a specifically negotiated supply agreement with Swiftwick. If there is a conflict between these Terms and the terms set forth in any written supply agreement between you and Swiftwick, the terms set forth in the written supply agreement shall control. Swiftwick’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Website or in these Terms should be construed to alter such agreements.
Registration and Password
If you choose to provide information to Swiftwick you may do so by setting up an account with a logon ID and password. It is your sole responsibility to maintain the confidentiality of your account logon ID and password and for restricting access to your computer, and promptly notify Swiftwick if there is any unauthorized use of your account or any breach of security. You agree to accept responsibility for all activities that occur under your logon ID and password. You may be held liable for losses incurred by Swiftwick or any other user of or visitor to the Website due to someone else using your logon ID and password as a result of your failing to keep your account information secure and confidential. You may not use anyone else’s logon ID, password or account at any time without the express permission and consent of the holder of that logon ID, password or account.
Indemnification, Hold Harmless and Release
You agree to indemnify, defend, release and hold harmless Swiftwick, its officers, members, directors, managers, agents, employees, attorneys and affiliated parties, from any claims or demands, including, but not limited to, attorneys’ fees and legal fees, resulting from or arising out of your use of the Website, any breach of these Terms and any of the information you provide to Swiftwick.
NO REPRESENTATIONS OR WARRANTIES
YOU ACKNOWLEDGE AND ACCEPT THAT YOU ASSUME ALL RISKS RELATED TO OR RESULTING FROM YOUR USAGE, VIEWING, OR ACCESS OF THE WEBSITE. THE WEBSITE IS PROVIDED ON AN “AS IS” AND AN “AS AVAILABLE” BASIS. SWIFTWICK EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE. SWIFTWICK EXPRESSLY DISCLAIMS ALL WARRANTIES THAT THE WEBSITE WILL BE ERROR-FREE OR VIRUS-FREE; THAT THE WEBSITE WILL BE SECURE; THAT THE WEBSITE WILL BE UNINTERRUPTED AND AVAILABLE AT ALL TIMES; THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS; AND THE RELIABILITY, ACCURACY, COMPLETENESS, VALIDITY, OR TRUTHFULNESS OF ANY INFORMATION YOU PROVIDE TO SWIFTWICK. SWIFTWICK CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE WEBSITE WILL BE FREE OF VIRUSES, CONTAMINATION OR OTHER DESTRUCTIVE FEATURES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST SWIFTWICK FOR DISSATISFACTION WITH THE WEBSITE OR ANY CONTENT OF THE WEBSITE IS TO STOP USING THE WEBSITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS PART OF THE BARGAIN BETWEEN THE PARTIES.
LIMITATIONS OF LIABILITY
YOU AGREE TO ASSUME ALL RISKS ASSOCIATED WITH, ARISING OUT OF, OR RESULTING FROM YOUR USE OF THE WEBSITE OR ANY INFORMATION YOU PROVIDE TO SWIFTWICK, INCLUDING, BUT NOT LIMITED TO, THE RISKS OF FINANCIAL LOSS, PHYSICAL HARM, PROPERTY DAMAGES, AND DEALING WITH OTHER USERS OF THE WEBSITE. YOU FURTHER AGREE TO RELEASE SWIFTWICK, ITS OFFICERS, MEMBERS, DIRECTORS, MANAGERS, AGENTS, EMPLOYEES, ATTORNEYS AND AFFILIATED PARTIES, AND HOLD THEM HARMLESS FROM ALL CLAIMS, DEMANDS, DAMAGES (DIRECT, INDIRECT, AND CONSEQUENTIAL) OF ANY KIND OR NATURE, KNOWN OR UNKNOWN, ASSOCIATED WITH, ARISING OUT OF, OR RESULTING FROM YOUR USAGE OF THE WEBSITE, ANY INFORMATION YOU PROVIDE TO SWIFTWICK, AND ANY TRANSACTIONS RELATED TO OR RESULTING FROM YOUR USE OF THE WEBSITE.
YOU FURTHER UNDERSTAND AND AGREE THAT IN NO EVENT SHALL SWIFTWICK, ITS OFFICERS, MEMBERS, DIRECTORS, MANAGERS, AGENTS, EMPLOYEES, ATTORNEYS AND AFFILIATED PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, GOODWILL, REVENUE, DATA, OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT, TORT, OR BREACH OR FAILURE OF WARRANTY, EVEN IF SWIFTWICK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT SOME JURISDICTIONS PROHIBIT THE EXCLUSION OF CERTAIN WARRANTIES, THE LIMITATION OF LIABILITY, OR THE DISCLAIMER OF CERTAIN DAMAGES, SWIFTWICK’S AGGREGATE LIABILITY FOR ANY DAMAGES SHALL NOT EXCEED U.S. $100.
Your access to all or part of this Website may be terminated or suspended at any time, without notice and for any reason. If you want to terminate your account, you may only cease your use of the Website. Swiftwick shall not be responsible for maintaining or returning any information you provided to Swiftwick, your account, or your logon ID and password.
Swiftwick is entitled to trademark protection in the United States and other countries. All graphics, logos, and service names are registered for the sole use of Swiftwick. Our trademarks may not be used in connection with any product or service that is not sold by Swiftwick, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Swiftwick.
The reproduction, modification, distribution, transmission, republication, display, or performance, of the content on this Website is strictly prohibited.
Use Outside of the United States
Swiftwick does not warrant that this Website will be lawful outside the United States. If you view, access, submit, or download materials to and from the Website outside the United States, you will be solely responsible for all your actions and assume all risks. You may not use or export any information obtained from the Website or make any copy or adaptation in violation of any application laws, rules, or regulations, including, but not limited to, U.S. export laws and regulations. Although the Website is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Website are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Swiftwick reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Website is void where prohibited. If you choose to access the Website from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
You agree that there is no employment, partnership, agency, or joint venture relationship between you and Swiftwick arising out of or resulting from your use of the Website. These Terms constitute the entire agreement between you and Swiftwick governing your use of the Website and are in addition to any binding agreement between you and Swiftwick. The Terms are governed by the laws of the State of Tennessee, United States of America, without giving effect to any principles of conflict of laws.
If you have any questions about these Terms or must provide notice to Swiftwick for any reason in connection with these Terms please contact us as follows:
Elicit Brands, LLC
PO Box 2363
Brentwood, TN 37024
Copyright 2017 Elicit Brands, LLC. All rights reserved.