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Terms + Conditions

Terms & Conditions

Welcome to Swhacker! By accessing this website you agree to be bound by the terms and conditions of use appearing below. Please read the following terms and conditions carefully. Your use of the services provided in www.Swhacker.com or domain or any of its subsidiaries (the "Service") are specifically conditioned upon your agreement to the terms contained in this Terms of Use Agreement (the "Agreement"). By using the Service, you are agreeing to all of the terms contained in this Agreement.

 

MODIFICATIONS TO AGREEMENT

Swhacker may at any time, and without notice, modify, update, or otherwise change the terms of this Agreement, and you agree to be bound by such changes. Accordingly, we encourage you to visit the Swhacker website from time to time to review the current terms and conditions.

 

OWNERSHIP

Any and all intellectual property rights associated with the Service and the www.Swhacker.com website and its affiliates - including without limitation any inventive concepts, know-how, publicity rights, trademarks, trade dress, trade secrets and copyrights - are the sole property of Swhacker, and may not be copied, reproduced, modified, uploaded, transmitted, or distributed in any way without Swhacker's written permission. Except as provided herein, Swhacker does not grant to you any express or implied rights to Swhacker's intellectual property. Any rights associated with content that is transmitted, downloaded, or otherwise processed by the Service shall be retained by the content owner, if any, and may be protected by applicable copyright, trademark, or other laws. For the purposes of this Agreement, the term "Content" refers to any of the various information, files, data, and media types which can be sent, received, or processed by the Service in accordance with a variety of protocols, including, without limitation, text, graphics, video, audio, streaming media, e-mail, chat, HTML, instant messaging, and the like. This Agreement gives you no rights in and to such Content. To the extent that you own any rights in Content including, but not limited to photography and or video that you provide to Swhacker in any form, you hereby grant to Swhacker a non-exclusive, irrevocable, royalty-free, paid-up license to use, copy, publish, distribute, publicly perform, publicly display, create derivative works or otherwise exploit that is provided during your use of the Service.

"Swhacker ®" is a registered trademark of Arrow Dynamics, LLC. No license to use or reproduce this trademark or other trademarks on the Service is given or implied. All other brands and product names are the trademarks of their respective owners.

 

TERMINATION

You agree that Swhacker, in its sole discretion, may terminate your use of and access to all or a portion of the Service, and remove and discard any Content, photography and or video within the Service, for any reason, including, without limitation, for lack of use, or if Swhacker believes that you have violated this Agreement. You agree that any termination of your access to the Service may be effected without prior notice, and acknowledge and agree that Swhacker may immediately deactivate or delete your account and all related information, Content, or other files in your account and/or prevent any further access to such files or the Service. Further, you agree that Swhacker shall not be liable to you or any third party as a result of Swhacker's termination of your access to the Service.

 

ACCEPTABLE USE

In consideration for your use of the Service, you agree to provide true, current, accurate, and complete information about yourself as requested during the checkout process, testimonials, photography and or video and to update such information as may be necessary to keep it true, current, accurate, and complete. You agree that you will use the Service in a manner that complies with all applicable laws, and you acknowledge that you are solely responsible for any Content including, but not limited, to any photography and pr video that you upload, download, transmit or otherwise process using the Service.

 

You explicitly agree not to:

  • Transmit any data, text, video, audio, software, or other Content that is offensive, obscene, pornographic, inflammatory, harassing, threatening, tortuous, invasive of another's privacy, abusive, hateful, defamatory, harmful to minors, or is otherwise objectionable;
  • Transmit any Content that infringes any patent, trademark, copyright, rights of publicity, or other intellectual property right;
  • Transmit any Content that violates any applicable local, state, national, or international law that could give rise to civil or criminal liability;
  • Transmit any unsolicited promotional Content, advertising materials, "spam," chain letters, or other such solicitation;
  • Use the Service to publicly broadcast, transmit, or display Content for "pay-per-download" or other commercial purposes;
  • Transmit any Content that solicits purchase of any product or service, unless that solicitation has been explicitly approved in writing by Swhacker;
  • Use the Service to transmit Content that includes any virus, worm, Trojan-horse, sniffer, or other code designed to acquire information about other users or disrupt the functionality or availability of any computer program, database, the Service or any other Internet host;
  • Disguise your identity by spoofing, forging headers, using third-party relayers, or otherwise obscuring the origin of transmitted Content, including impersonating another person or entity; or
  • Use any robot, spider or other automatic or manual device or process to interfere or attempt to interfere with the proper working of the Service, nor act as a conduit for others to affect the same result.

 

NO LIABILITY

Swhacker assumes no responsibility for Content including, but no limited to, photo's, video and or testimonials that are downloaded, uploaded, stored, or otherwise processed by the Service. Accordingly, if you choose to use the Service, you do so at your own risk. For example, you acknowledge that:

  • Any Content you transmit will be treated by Swhacker as not being confidential to you, except as noted in the Privacy Statement.
  • You are aware of the limitations of security, authentication, encryption, and privacy measures used in connection with the Internet, including the Service, and that any Content you store or transmit may be damaged, corrupted, "sniffed" and/or accessed by another person without your permission. Swhacker cannot and will not guarantee the security of any of the Content stored or transmitted by the Service.
  • You may be subjected to email, instant messages, video, and other Content which is pornographic, defamatory, hateful, or otherwise objectionable to you.
  • You are solely responsible for ensuring that the Content, and any transmission or processing of the Content, does not violate the intellectual property rights of others. 

IN NO EVENT SHALL Swhacker BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, SPECIAL, CONSEQUENTIAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, BUSINESS INTERRUPTION, CORRUPTION OF CONTENT, AND LOSS OR INACCURACY OF INFORMATION), ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE OR SOFTWARE, WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE AND EVEN IF Swhacker WAS ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE.

Errors in the description, photography or typographical errors are subject to correction at the sole discretion of Swhacker.

 

THIRD PARTIES

Parties other than Swhacker and its subsidiaries may operate stores, provide services, or sell product lines on the Service. Additionally, the Service may offer links to the Web sites of affiliated companies and certain other businesses. Swhacker shall not be responsible for examining or evaluating, and does not warrant the offerings of, any of these businesses or individuals or the content of their respective websites. Swhacker assumes no responsibility or liability for the actions, product, and content of all these and any other third parties. You explicitly agree to carefully review their privacy statements and other conditions of use.

 

ELECTRONIC COMMUNICATIONS

By using the Service or by communicating with Swhacker electronically via e-mail, instant messenger, or by other means, you consent to receive communications from us electronically. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

 

RISK OF LOSS

All items purchased from Swhacker is made pursuant to a shipment contract. The risk of loss and title for such items shall pass to you upon Swhacker's delivery to the carrier.

 

PRODUCT DESCRIPTIONS

Swhacker attempts to be as accurate as possible with respect to product descriptions. However, Swhacker does not warrant that product descriptions or other Content of the Service is accurate, complete, reliable, current, or error-free. If a product offered by itself is not as described, your sole remedy is to return it in unused condition subject to the terms of Swhacker Return Policy.

 

PRICING

Swhacker cannot confirm the price of an item until an order is placed. Despite our best efforts, a small number of items on the Service may be mispriced. If Swhacker discovers that an item is mispriced, Swhacker may do one of the following:

  • If the correct price of the item is lower than that stated on the Service, Swhacker will charge you the lower amount; or
  • If the correct price of the item is higher than that stated on the Service, Swhacker will, at its sole discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

 

NO WARRANTY

THE SERVICE COVERED UNDER THIS AGREEMENT IS PROVIDED "AS-IS" AND "AS-AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW OR OTHERWISE GOVERN THE SCOPE OF EXCLUSIONS OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY IN FULL. Swhacker AND ITS AFFILIATES DO NOT WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR VIRUS FREE.

 

INDEMNITY

You agree to indemnify and hold Swhacker and its vendors, service providers, subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service, any Content you submit, transmit, or download through the Service, or any violation of this Agreement or the rights of others.

 

MODIFICATIONS TO SERVICE

Swhacker reserves the right at any time to modify, correct, or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. Swhacker may also change your priority of access to the Service with respect to other users. Swhacker makes no commitment to update the information provided by the Service.

 

DISCLOSURE OF CONTENT

Although Swhacker has no obligation to monitor the Content of its users, it reserves the right to monitor, retain, delete and/or disclose your Content if required to do so by law or in a good faith belief that such disclosure is reasonably necessary to comply with legal requirements, respond to claims that any Content violates the rights of third-parties, or protect the rights, property, or personal safety of Swhacker, its users, or the public.

 

PRIVACY POLICY

For detailed information regarding Swhacker's use of registration data and other user information, please read our privacy policy.

 

MISCELLANEOUS

This Agreement shall constitute the complete and exclusive agreement between you and Swhacker. While Swhacker reserves the right to modify this Agreement at any time, the terms and conditions contained in this Agreement may not be modified by you unless both you and an authorized representative of Swhacker execute a separate written agreement. If any provision of this License Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability of such provision or of the remaining provisions of this Agreement. This Agreement shall be subject to and construed in accordance with the laws of the State of Louisiana, without regard to conflicts of law provisions, and you hereby consent to the exclusive jurisdiction of the state and federal courts residing in the State of Louisiana. Any and all unresolved disputes arising under this Agreement shall be submitted to arbitration in the State of Louisiana. The arbitration shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. Notwithstanding the foregoing, Swhacker may obtain equitable relief in any court to protect its intellectual property.

Shipping Policy

Orders will generally be processed and ready for shipment twenty- four (24) to forty-eight (48) hours after an order is placed; however, we do not process or ship orders on Saturday, Sunday or holidays.

 

Domestic orders are shipped via USPS Priority or USPS Priority Express Mail. International orders are shipped via USPS Priority Mail International or USPS Priority Mail Express International. All shipping rates are calculated at checkout by the carrier. For Express shipping, orders must be received by 12:00 p.m. EST in order to ship same day. 

 

Swhacker reserves the right to use an alternate shipping method if cost or destination warrants the need. 

 

Customers will receive a confirmation email upon order completion, and a second email when the order has shipped, which will include tracking information.

Returns Policy

During the checkout process, please ensure that your order details and delivery address are accurate. Orders already in transit cannot be cancelled or rerouted and will be deemed final.

 

We take pride in providing only the highest quality products. To make sure that you are satisfied with the product(s) you receive, please inspect the contents of your order as soon as it arrives. 

 

We will be happy to give you a full refund on your purchase for product that is damaged or defective when received. For items in good condition that you wish to return, we are happy to refund your order minus the cost of return shipping

To make a claim for a refund, contact us within ten (10) days of your receipt of the product(s) at issue. We reserve the right to limit refunds and replacements.

 

We are not responsible for damage or loss as a result of shipments being returned to the freight location, being undeliverable as a result of incorrect address information you’ve provided, or for inability of a recipient to receive the package on the day you specify that it should be delivered.

 

We guarantee delivery only to the address we are provided at checkout. If an incorrect address is given and your shipment has been processed, we will be happy to reship your order, but you will be charged for the replacement product and reshipment.

 

To begin your return or exchange, submit a claim on our Contact Us page. Please include your name and order number so we can quickly process your request.

Privacy Policy

This Privacy Policy describes how Swhacker.com (the “Site” or “we”) collects, uses, and discloses your Personal Information when you visit or make a purchase from the Site.

 

Collecting Personal Information

When you visit the Site, we collect certain information about your device, your interaction with the Site, and information necessary to process your purchases. We may also collect additional information if you contact us for customer support. In this Privacy Policy, we refer to any information that can uniquely identify an individual (including the information below) as “Personal Information”. See the list below for more information about what Personal Information we collect and why.

Device information

  • Examples of Personal Information collected: version of web browser, IP address, time zone, cookie information, what sites or products you view, search terms, and how you interact with the Site.
  • Purpose of collection: to load the Site accurately for you, and to perform analytics on Site usage to optimize our Site.
  • Source of collection: Collected automatically when you access our Site using cookies, log files, web beacons, tags, or pixels
  • Disclosure for a business purpose: shared with our processor Shopify, Google Analytics, Klaviyo. 

Order information

  • Examples of Personal Information collected: name, billing address, shipping address, payment information (including credit card numbers), email address, and phone number.
  • Purpose of collection: to provide products or services to you to fulfill our contract, to process your payment information, arrange for shipping, and provide you with invoices and/or order confirmations, communicate with you, screen our orders for potential risk or fraud, and when in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.
  • Source of collection: collected from you.
  • Disclosure for a business purpose: shared with our processor Shopify, USPS shipping carrier, Shopify Payments

Customer support information

  • Examples of Personal Information collected: name, billing address, shipping address, payment information (including credit card numbers), email address, and phone number.
  • Purpose of collection: to provide customer support.
  • Source of collection: collected from you.
  • Disclosure for a business purpose: none.

 

Sharing Personal Information

We share your Personal Information with service providers to help us provide our services and fulfill our contracts with you, as described above. For example:

  • We use Shopify to power our online store. You can read more about how Shopify uses your Personal Information here: https://www.shopify.com/legal/privacy .
  • We may share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.
  • We use USPS to fulfill and ship all orders at the Site. 

 

Behavioural Advertising

As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For example:

  • We use Google Analytics to help us understand how our customers use the Site. You can read more about how Google uses your Personal Information here: https://policies.google.com/privacy?hl=en .You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout .
  • We share information about your use of the Site, your purchases, and your interaction with our ads on other websites with our advertising partners like Google Ads. We collect and share some of this information directly with our advertising partners, and in some cases through the use of cookies or other similar technologies (which you may consent to, depending on your location).

For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work .

You can opt out of targeted advertising by:

Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/ .

 

Using Personal Information

We use your personal information to provide our services to you, which includes: offering products for sale, processing payments, shipping and fulfillment of your order, and keeping you up to date on new products, services, and offers.

 

Lawful basis

Pursuant to the General Data Protection Regulation (“GDPR”), if you are a resident of the European Economic Area (“EEA”), we process your personal information under the following lawful bases:

  • Your consent;
  • The performance of the contract between you and the Site;
  • Compliance with our legal obligations;
  • To protect your vital interests;
  • For our legitimate interests, which do not override your fundamental rights and freedoms.

 

Retention

When you place an order through the Site, we will retain your Personal Information for our records unless and until you ask us to erase this information. For more information on your right of erasure, please see the ‘Your rights’ section below.

 

Automatic decision-making

If you are a resident of the EEA, you have the right to object to processing based solely on automated decision-making (which includes profiling), when that decision-making has a legal effect on you or otherwise significantly affects you.

Our processor Shopify uses limited automated decision-making to prevent fraud that does not have a legal or otherwise significant effect on you.

Services that include elements of automated decision-making include:

  • Temporary denylist of IP addresses associated with repeated failed transactions. This denylist persists for a small number of hours.
  • Temporary denylist of credit cards associated with denylisted IP addresses. This denylist persists for a small number of days.

 

Your rights

 

GDPR

If you are a resident of the EEA, you have the right to access the Personal Information we hold about you, to port it to a new service, and to ask that your Personal Information be corrected, updated, or erased. If you would like to exercise these rights, please contact us at estsales@kellyreg.com

Your Personal Information will be initially processed in Ireland and then will be transferred outside of Europe for storage and further processing, including to Canada and the United States. For more information on how data transfers comply with the GDPR, see Shopify’s GDPR Whitepaper: https://help.shopify.com/en/manual/your-account/privacy/GDPR .

 

CCPA

If you are a resident of California, you have the right to access the Personal Information we hold about you (also known as the ‘Right to Know’), to port it to a new service, and to ask that your Personal Information be corrected, updated, or erased. If you would like to exercise these rights, please contact at estsales@kellyreg.com

 

Cookies

A cookie is a small amount of information that’s downloaded to your computer or device when you visit our Site. We use a number of different cookies, including functional, performance, advertising, and social media or content cookies. Cookies make your browsing experience better by allowing the website to remember your actions and preferences (such as login and region selection). This means you don’t have to re-enter this information each time you return to the site or browse from one page to another. Cookies also provide information on how people use the website, for instance whether it’s their first time visiting or if they are a frequent visitor.

We use the following cookies to optimize your experience on our Site and to provide our services.

 

Cookies Necessary for the Functioning of the Store

 

Name

Function

_ab

Used in connection with access to admin.

_secure_session_id

Used in connection with navigation through a storefront.

cart

Used in connection with shopping cart.

cart_sig

Used in connection with checkout.

cart_ts

Used in connection with checkout.

checkout_token

Used in connection with checkout.

secret

Used in connection with checkout.

secure_customer_sig

Used in connection with customer login.

storefront_digest

Used in connection with customer login.

_shopify_u

Used to facilitate updating customer account information.

 

Reporting and Analytics

 

Name

Function

_tracking_consent

Tracking preferences.

_landing_page

Track landing pages

_orig_referrer

Track landing pages

_s

Shopify analytics.

_shopify_fs

Shopify analytics.

_shopify_s

Shopify analytics.

_shopify_sa_p

Shopify analytics relating to marketing & referrals.

_shopify_sa_t

Shopify analytics relating to marketing & referrals.

_shopify_y

Shopify analytics.

_y

Shopify analytics.

 

Google Analytics Cookies

 

Google Analytics , a Google product that helps illuminate how people engage with the Site, uses a set of cookies to collect information and report site usage statistics without personally identifying individual visitors to Google. 

‘_ga’ is the main cookie used by Google Analytics. ‘_ga’ enables a service to distinguish one user from another and lasts for 2 years. It’s used by any site that implements Google Analytics.

 

Managing Cookies

The length of time that a cookie remains on your computer or mobile device depends on whether it is a “persistent” or “session” cookie. Session cookies last until you stop browsing and persistent cookies last until they expire or are deleted. Most of the cookies we use are persistent and will expire between 30 minutes and two years from the date they are downloaded to your device.

You can control and manage cookies in various ways. Please keep in mind that removing or blocking cookies can negatively impact your user experience and parts of our website may no longer be fully accessible.

Most browsers automatically accept cookies, but you can choose whether or not to accept cookies through your browser controls, often found in your browser’s “Tools” or “Preferences” menu. For more information on how to modify your browser settings or how to block, manage or filter cookies can be found in your browser’s help file or through such sites as www.allaboutcookies.org .

Additionally, please note that blocking cookies may not completely prevent how we share information with third parties such as our advertising partners. To exercise your rights or opt-out of certain uses of your information by these parties, please follow the instructions in the “Behavioural Advertising” section above.

 

Do Not Track

Please note that because there is no consistent industry understanding of how to respond to “Do Not Track” signals, we do not alter our data collection and usage practices when we detect such a signal from your browser.

 

Changes

We may update this Privacy Policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal, or regulatory reasons.

 

Contact

For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e-mail at estsales@kellyreg.com

Last updated: 9-27-2021

Terms of Use Agreement

Welcome to Swhacker! By accessing this website you agree to be bound by the terms and conditions of use appearing below. Please read the following terms and conditions carefully. Your use of the services provided in www.Swhacker.com or domain or any of its subsidiaries (the "Service") are specifically conditioned upon your agreement to the terms contained in this Terms of Use Agreement (the "Agreement"). By using the Service, you are agreeing to all of the terms contained in this Agreement.

 

MODIFICATIONS TO AGREEMENT

Swhacker may at any time, and without notice, modify, update, or otherwise change the terms of this Agreement, and you agree to be bound by such changes. Accordingly, we encourage you to visit the Swhacker website from time to time to review the current terms and conditions.

 

OWNERSHIP

Any and all intellectual property rights associated with the Service and the www.Swhacker.com website and its affiliates - including without limitation any inventive concepts, know-how, publicity rights, trademarks, trade dress, trade secrets and copyrights - are the sole property of Swhacker, and may not be copied, reproduced, modified, uploaded, transmitted, or distributed in any way without Swhacker's written permission. Except as provided herein, Swhacker does not grant to you any express or implied rights to Swhacker's intellectual property. Any rights associated with content that is transmitted, downloaded, or otherwise processed by the Service shall be retained by the content owner, if any, and may be protected by applicable copyright, trademark, or other laws. For the purposes of this Agreement, the term "Content" refers to any of the various information, files, data, and media types which can be sent, received, or processed by the Service in accordance with a variety of protocols, including, without limitation, text, graphics, video, audio, streaming media, e-mail, chat, HTML, instant messaging, and the like. This Agreement gives you no rights in and to such Content. To the extent that you own any rights in Content including, but not limited to photography and or video that you provide to Swhacker in any form, you hereby grant to Swhacker a non-exclusive, irrevocable, royalty-free, paid-up license to use, copy, publish, distribute, publicly perform, publicly display, create derivative works or otherwise exploit that is provided during your use of the Service.

"Swhacker ®" is a registered trademark of Arrow Dynamics, LLC. No license to use or reproduce this trademark or other trademarks on the Service is given or implied. All other brands and product names are the trademarks of their respective owners.

 

TERMINATION

You agree that Swhacker, in its sole discretion, may terminate your use of and access to all or a portion of the Service, and remove and discard any Content, photography and or video within the Service, for any reason, including, without limitation, for lack of use, or if Swhacker believes that you have violated this Agreement. You agree that any termination of your access to the Service may be effected without prior notice, and acknowledge and agree that Swhacker may immediately deactivate or delete your account and all related information, Content, or other files in your account and/or prevent any further access to such files or the Service. Further, you agree that Swhacker shall not be liable to you or any third party as a result of Swhacker's termination of your access to the Service.

 

ACCEPTABLE USE

In consideration for your use of the Service, you agree to provide true, current, accurate, and complete information about yourself as requested during the checkout process, testimonials, photography and or video and to update such information as may be necessary to keep it true, current, accurate, and complete. You agree that you will use the Service in a manner that complies with all applicable laws, and you acknowledge that you are solely responsible for any Content including, but not limited, to any photography and pr video that you upload, download, transmit or otherwise process using the Service.

You explicitly agree not to:

  • Transmit any data, text, video, audio, software, or other Content that is offensive, obscene, pornographic, inflammatory, harassing, threatening, tortuous, invasive of another's privacy, abusive, hateful, defamatory, harmful to minors, or is otherwise objectionable;
  • Transmit any Content that infringes any patent, trademark, copyright, rights of publicity, or other intellectual property right;
  • Transmit any Content that violates any applicable local, state, national, or international law that could give rise to civil or criminal liability;
  • Transmit any unsolicited promotional Content, advertising materials, "spam," chain letters, or other such solicitation;
  • Use the Service to publicly broadcast, transmit, or display Content for "pay-per-download" or other commercial purposes;
  • Transmit any Content that solicits purchase of any product or service, unless that solicitation has been explicitly approved in writing by Swhacker;
  • Use the Service to transmit Content that includes any virus, worm, Trojan-horse, sniffer, or other code designed to acquire information about other users or disrupt the functionality or availability of any computer program, database, the Service or any other Internet host;
  • Disguise your identity by spoofing, forging headers, using third-party relayers, or otherwise obscuring the origin of transmitted Content, including impersonating another person or entity; or
  • Use any robot, spider or other automatic or manual device or process to interfere or attempt to interfere with the proper working of the Service, nor act as a conduit for others to affect the same result.

 

NO LIABILITY

Swhacker assumes no responsibility for Content including, but no limited to, photo's, video and or testimonials that are downloaded, uploaded, stored, or otherwise processed by the Service. Accordingly, if you choose to use the Service, you do so at your own risk. For example, you acknowledge that:

  • Any Content you transmit will be treated by Swhacker as not being confidential to you, except as noted in the Privacy Statement.
  • You are aware of the limitations of security, authentication, encryption, and privacy measures used in connection with the Internet, including the Service, and that any Content you store or transmit may be damaged, corrupted, "sniffed" and/or accessed by another person without your permission. Swhacker cannot and will not guarantee the security of any of the Content stored or transmitted by the Service.
  • You may be subjected to email, instant messages, video, and other Content which is pornographic, defamatory, hateful, or otherwise objectionable to you.
  • You are solely responsible for ensuring that the Content, and any transmission or processing of the Content, does not violate the intellectual property rights of others. 

IN NO EVENT SHALL Swhacker BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, SPECIAL, CONSEQUENTIAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, BUSINESS INTERRUPTION, CORRUPTION OF CONTENT, AND LOSS OR INACCURACY OF INFORMATION), ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE OR SOFTWARE, WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE AND EVEN IF Swhacker WAS ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE.

Errors in the description, photography or typographical errors are subject to correction at the sole discretion of Swhacker.

 

THIRD PARTIES

Parties other than Swhacker and its subsidiaries may operate stores, provide services, or sell product lines on the Service. Additionally, the Service may offer links to the Web sites of affiliated companies and certain other businesses. Swhacker shall not be responsible for examining or evaluating, and does not warrant the offerings of, any of these businesses or individuals or the content of their respective websites. Swhacker assumes no responsibility or liability for the actions, product, and content of all these and any other third parties. You explicitly agree to carefully review their privacy statements and other conditions of use.

 

ELECTRONIC COMMUNICATIONS

By using the Service or by communicating with Swhacker electronically via e-mail, instant messenger, or by other means, you consent to receive communications from us electronically. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

 

RISK OF LOSS

All items purchased from Swhacker is made pursuant to a shipment contract. The risk of loss and title for such items shall pass to you upon Swhacker's delivery to the carrier.

 

PRODUCT DESCRIPTIONS

Swhacker attempts to be as accurate as possible with respect to product descriptions. However, Swhacker does not warrant that product descriptions or other Content of the Service is accurate, complete, reliable, current, or error-free. If a product offered by itself is not as described, your sole remedy is to return it in unused condition subject to the terms of Swhacker Return Policy.

 

PRICING

Swhacker cannot confirm the price of an item until an order is placed. Despite our best efforts, a small number of items on the Service may be mispriced. If Swhacker discovers that an item is mispriced, Swhacker may do one of the following:

  • If the correct price of the item is lower than that stated on the Service, Swhacker will charge you the lower amount; or
  • If the correct price of the item is higher than that stated on the Service, Swhacker will, at its sole discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

 

NO WARRANTY

THE SERVICE COVERED UNDER THIS AGREEMENT IS PROVIDED "AS-IS" AND "AS-AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW OR OTHERWISE GOVERN THE SCOPE OF EXCLUSIONS OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY IN FULL. Swhacker AND ITS AFFILIATES DO NOT WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR VIRUS FREE.

 

INDEMNITY

You agree to indemnify and hold Swhacker and its vendors, service providers, subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service, any Content you submit, transmit, or download through the Service, or any violation of this Agreement or the rights of others.

 

MODIFICATIONS TO SERVICE

Swhacker reserves the right at any time to modify, correct, or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. Swhacker may also change your priority of access to the Service with respect to other users. Swhacker makes no commitment to update the information provided by the Service.

 

DISCLOSURE OF CONTENT

Although Swhacker has no obligation to monitor the Content of its users, it reserves the right to monitor, retain, delete and/or disclose your Content if required to do so by law or in a good faith belief that such disclosure is reasonably necessary to comply with legal requirements, respond to claims that any Content violates the rights of third-parties, or protect the rights, property, or personal safety of Swhacker, its users, or the public.

 

PRIVACY POLICY

For detailed information regarding Swhacker's use of registration data and other user information, please read our Privacy Policy.

 

MISCELLANEOUS

This Agreement shall constitute the complete and exclusive agreement between you and Swhacker. While Swhacker reserves the right to modify this Agreement at any time, the terms and conditions contained in this Agreement may not be modified by you unless both you and an authorized representative of Swhacker execute a separate written agreement. If any provision of this License Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability of such provision or of the remaining provisions of this Agreement. This Agreement shall be subject to and construed in accordance with the laws of the State of Georgia, without regard to conflicts of law provisions, and you hereby consent to the exclusive jurisdiction of the state and federal courts residing in the State of Georgia. Any and all unresolved disputes arising under this Agreement shall be submitted to arbitration in the State of Georgia. The arbitration shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. Notwithstanding the foregoing, Swhacker may obtain equitable relief in any court to protect its intellectual property.