Terms of service

Welcome to SWAG Shop Supply Company. By tapping into our website, you agree to the following Terms of Service. Please read them carefully—staying sharp applies online, too.

TERMS OF USE

Last updated [Month] [Day], [Year]

AGREEMENT TO OUR LEGAL TERMS

We are SWAG Shop Supply Company ("Company," "we," "us," or "our").

We operate the website https://swagshopsupply.com (the "Site"), as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").

You can contact us by phone at [insert phone number], by email at support@swagshopsupply.com, or by mail at:

SWAG Shop Supply Company
[Insert Street Address]
Atlanta, GA [ZIP Code]
United States

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and SWAG Shop Supply Company, concerning your access to and use of the Services.

By accessing the Services, you acknowledge that you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated into these Legal Terms by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms at any time and for any reason. We will alert you to any changes by updating the "Last updated" date of these Legal Terms, and you waive any right to receive specific notice of each such change.

It is your responsibility to periodically review these Legal Terms to stay informed of updates. Your continued use of the Services after the posting of revised Legal Terms means that you have been made aware of, understand, and accept the changes.

The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.

We recommend that you print a copy of these Legal Terms for your records.

OUR SERVICES
INTELLECTUAL PROPERTY RIGHTS
USER REPRESENTATIONS
USER REGISTRATION
PRODUCTS
PURCHASES AND PAYMENT
SUBSCRIPTIONS
RETURN POLICY
PROHIBITED ACTIVITIES
USER GENERATED CONTRIBUTIONS
CONTRIBUTION LICENSE
GUIDELINES FOR REVIEWS
SERVICES MANAGEMENT
PRIVACY POLICY
TERM AND TERMINATION
MODIFICATIONS AND INTERRUPTIONS
GOVERNING LAW
DISPUTE RESOLUTION
CORRECTIONS
DISCLAIMER
LIMITATIONS OF LIABILITY
INDEMNIFICATION
USER DATA
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
SMS TEXT MESSAGING
CALIFORNIA USERS AND RESIDENTS
MISCELLANEOUS
CONTACT US

1. OUR SERVICES

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.

Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Services are not tailored to comply with industry-specific regulations such as the Health Insurance Portability and Accountability Act (HIPAA) or the Federal Information Security Management Act (FISMA). If your interactions would be subject to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm–Leach–Bliley Act (GLBA) or any similar law.

2. INTELLECTUAL PROPERTY RIGHTS

Our intellectual property

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").

Our Content and Marks are protected by copyright and trademark laws, as well as various other intellectual property rights and unfair competition laws and treaties in the United States and around the world.

The Content and Marks are provided in or through the Services "AS IS" for your personal, non-commercial use only.

Your use of our Services

Subject to your compliance with these Legal Terms, including the "PROHIBITED ACTIVITIES" section below, we grant you a non-exclusive, non-transferable, revocable license to:

access the Services; and
download or print a copy of any portion of the Content to which you have properly gained access,

solely for your personal, non-commercial use.

Except as set out in this section or elsewhere in our Legal Terms, no part of the Services, Content, or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

If you wish to make any use of the Services, Content, or Marks other than as set out in these Legal Terms, please address your request to support@swagshopsupply.com. If we grant you permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors and ensure that any copyright or proprietary notice is visible in connection with such use.

We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.

Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.

Your submissions

Please review this section and the "PROHIBITED ACTIVITIES" section carefully prior to using our Services to understand (a) the rights you grant us and (b) the obligations you have when you post or upload any content through the Services.

Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submissions. You agree that we shall own these Submissions and be entitled to their unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

Your responsibility for Submissions: By sending us Submissions through any part of the Services, you:

confirm that you have read and agree with our "PROHIBITED ACTIVITIES" and will not post, send, publish, upload, or transmit through the Services any Submission that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening, sexually explicit, false, inaccurate, deceitful, or misleading;
to the extent permissible by applicable law, waive any and all moral rights to any such Submission;
warrant that such Submissions are original to you or that you have the necessary rights and licenses to submit such Submissions and grant us the rights set out herein; and
warrant and represent that your Submissions do not constitute confidential information.

You are solely responsible for your Submissions, and you expressly agree to reimburse us for any and all losses we may suffer as a result of:
(a) your breach of this section,
(b) any third party’s intellectual property rights, or
(c) violation of applicable law.

3. USER REPRESENTATIONS

By using the Services, you represent and warrant that:

all registration information you submit will be true, accurate, current, and complete;
you will maintain the accuracy of such information and promptly update it as necessary;
you have the legal capacity and you agree to comply with these Legal Terms;
you are not a minor in the jurisdiction in which you reside (you are at least 18 years of age);
you will not access the Services through automated or non-human means, whether through a bot, script, or otherwise;
you will not use the Services for any illegal or unauthorized purpose; and
your use of the Services will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

4. USER REGISTRATION

You may be required to register to use the Services. You agree to keep your password confidential and are responsible for all use of your account and password.

We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

5. PRODUCTS

We make every effort to display as accurately as possible the colors, features, specifications, and details of the products available on the Services. However, we do not guarantee that these will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products.

All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.

6. PURCHASES AND PAYMENT

We accept the following forms of payment:

Visa
Mastercard
American Express
Discover
PayPal

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed.

Sales tax will be added to the price of purchases as required by us under applicable law. We may change prices at any time. All payments shall be in United States dollars (USD).

You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

We reserve the right to refuse any order placed through the Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We also reserve the right to limit or prohibit orders that, in our judgment, appear to be placed by dealers, resellers, or distributors.

7. SUBSCRIPTIONS

Billing and Renewal

Your subscription will continue and automatically renew unless canceled. You consent to our charging your payment method on a recurring basis without requiring your prior approval for each charge, until you cancel the applicable order. The length of your billing cycle will depend on the type of subscription plan you choose.

Cancellation

You can cancel your subscription at any time by logging into your account. Your cancellation will take effect at the end of the current paid term. If you have questions or are unsatisfied with our Services, please email us at support@swagshopsupply.com.

Fee Changes

We may, from time to time, make changes to the subscription fee and will communicate any price changes to you in accordance with applicable law.

8. RETURN POLICY

Please review our Return Policy, posted on the Services, prior to making any purchase.

9. PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Services, you agree not to:

systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
trick, defraud, or mislead us or other users, especially in any attempt to learn sensitive account information such as user passwords;
circumvent, disable, or otherwise interfere with security-related features of the Services;
disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services;
use any information obtained from the Services in order to harass, abuse, or harm another person;
make improper use of our support services or submit false reports of abuse or misconduct;
use the Services in a manner inconsistent with any applicable laws or regulations;
engage in unauthorized framing of or linking to the Services;
upload or transmit (or attempt to upload or transmit) viruses, Trojan horses, or other material (including excessive use of capital letters and spamming) that interferes with any party’s use of the Services or modifies, impairs, disrupts, or interferes with the operation of the Services;
engage in any automated use of the system, such as scripts to send comments or messages, data mining, robots, or similar data gathering and extraction tools;
delete copyright or other proprietary rights notices from any Content;
attempt to impersonate another user or any other person;
upload or transmit (or attempt to upload or transmit) any material that acts as a passive or active information collection or transmission mechanism, including clear graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or other similar devices;
interfere with, disrupt, or create an undue burden on the Services or the networks connected to the Services;
harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you;
attempt to bypass any measures of the Services designed to prevent or restrict access to the Services or any portion thereof;
copy or adapt the Services' software, including but not limited to HTML, JavaScript, or other code;
except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services;
use or launch any automated system, including without limitation any spider, robot, scraper, or offline reader that accesses the Services, except as may be the result of standard search engine or Internet browser usage;
use a buying agent or purchasing agent to make purchases on the Services;
make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email or creating user accounts under false pretenses; or
use the Services as part of any effort to compete with us or otherwise use the Services or Content for any revenue-generating endeavor or commercial enterprise.

10. USER GENERATED CONTRIBUTIONS

The Services may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions").

Contributions may be viewable by other users and through third-party websites. As such, any Contributions you transmit may be treated in accordance with our Privacy Policy.

When you create or make available any Contributions, you represent and warrant that:

the creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe any third party’s proprietary rights;
you are the creator and owner of, or have the necessary licenses, rights, consents, releases, and permissions to use and authorize us and others to use your Contributions;
you have the written consent, release, and/or permission of each identifiable individual person in your Contributions to use their name or likeness;
your Contributions are not false, inaccurate, or misleading;
your Contributions are not unsolicited or unauthorized advertising, promotional materials, spam, or other forms of solicitation;
your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us);
your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone;
your Contributions are not used to harass or threaten any other person and do not promote violence against any person or class of people;
your Contributions do not violate any applicable law, rule, or regulation;
your Contributions do not violate the privacy or publicity rights of any third party;
your Contributions do not include any material related to child exploitation or otherwise harmful to minors;
your Contributions do not include offensive comments related to race, national origin, gender, sexual orientation, or disability; and
your Contributions do not otherwise violate, or link to material that violates, these Legal Terms or any applicable law or regulation.

Any use of the Services in violation of the foregoing may result in termination or suspension of your rights to use the Services.

11. CONTRIBUTION LICENSE

You and the Services agree that we may access, store, process, and use any information and personal data that you provide in accordance with our Privacy Policy and your choices (including settings).

By submitting suggestions or other feedback regarding the Services, you agree that we may use and share such feedback for any purpose without compensation to you.

We do not claim ownership over your Contributions. You retain full ownership of your Contributions and any intellectual property rights associated with them. However, by posting Contributions on the Services, you grant us a non-exclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable license to use, reproduce, modify, translate, transmit, display, perform, and distribute your Contributions in connection with operating and promoting the Services.

We are not liable for any statements or representations in your Contributions. You are solely responsible for your Contributions to the Services and agree not to pursue any legal action against us regarding such Contributions.

12. GUIDELINES FOR REVIEWS

We may provide areas on the Services to leave reviews or ratings. When posting a review, you must comply with the following:

You should have firsthand experience with the product or service being reviewed.
Your reviews must not contain offensive profanity or abusive, racist, or hateful language.
Your reviews must not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability.
Your reviews must not reference illegal activity.
You must not be affiliated with competitors if posting negative reviews.
You must not make any conclusions as to the legality of conduct.
You may not post any false or misleading statements.
You may not organize a campaign encouraging others to post reviews, whether positive or negative.

We may accept, reject, or remove reviews in our sole discretion. We have no obligation to screen or remove reviews, even if someone considers them objectionable or inaccurate. Reviews do not represent our opinions and we do not assume liability for any review or any claims resulting from them.

By posting a review, you grant us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable license to reproduce, modify, translate, transmit, display, perform, and distribute all content relating to the review.

13. SERVICES MANAGEMENT

We reserve the right, but not the obligation, to:

monitor the Services for violations of these Legal Terms;
take appropriate legal action against anyone who violates the law or these Legal Terms, including reporting such users to law enforcement authorities;
in our sole discretion and without limitation, refuse, restrict access to, limit availability of, or disable any of your Contributions or any portion thereof;
remove from the Services or otherwise disable all files and content that are excessive in size or burdensome to our systems; and
otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

14. PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy at:

https://swagshopsupply.com/pages/privacy-policy

By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms.

The Services are hosted in the United States. If you access the Services from any other region with laws governing personal data collection, use, or disclosure that differ from U.S. law, then through your continued use of the Services you are transferring your data to the United States and you expressly consent to that transfer and processing.

15. TERM AND TERMINATION

These Legal Terms shall remain in full force and effect while you use the Services.

WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, TO DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES) TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION.

We may terminate your use or participation in the Services or delete your account and any content or information you posted at any time, without warning, in our sole discretion.

If we terminate or suspend your account, you are prohibited from registering and creating a new account under your own name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of such third party. We also reserve the right to pursue appropriate legal action, including civil, criminal, and injunctive remedies.

16. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. We have no obligation to update any information on our Services. We also reserve the right to modify or discontinue all or part of the Services without notice at any time.

We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors.

You agree that we have no liability for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance. Nothing in these Legal Terms obligates us to maintain or support the Services or to provide any corrections, updates, or releases.

17. GOVERNING LAW

These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of Georgia, applicable to agreements made and to be performed entirely within the State of Georgia, without regard to its conflict of law principles.

18. DISPUTE RESOLUTION

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a "Dispute" and collectively, the "Disputes") brought by you or us (each, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating arbitration. Informal negotiations begin upon written notice from one Party to the other.

Binding Arbitration

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except as expressly provided below) will be finally and exclusively resolved by binding arbitration. WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (AAA) and, where appropriate, the AAA’s Supplementary Procedures for Consumer-Related Disputes.

Your arbitration fees and your share of the arbitrator’s compensation will be governed by the applicable AAA rules. The arbitration may be conducted in person, through document submissions, by phone, or online. The arbitrator will issue a written decision, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so.

Except where otherwise required by the AAA rules or applicable law, the arbitration will take place in Atlanta, Georgia.

Except as otherwise provided in these Legal Terms, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the arbitrator’s award.

If for any reason a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Atlanta, Georgia, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such courts.

In no event shall any Dispute related in any way to the Services be commenced more than one (1) year after the cause of action arose.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law:

no arbitration shall be joined with any other proceeding;
there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and
there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions

The Parties agree that the following Disputes are not subject to the above provisions regarding informal negotiations and binding arbitration:

(a) any Dispute seeking to enforce or protect, or concerning the validity of, any of a Party’s intellectual property rights;
(b) any Dispute related to or arising from allegations of theft, piracy, invasion of privacy, or unauthorized use; and
(c) any claim for injunctive relief.

If any portion of this arbitration provision is found to be illegal or unenforceable, then that portion shall be severed and the remaining provisions shall remain in full force and effect.

19. CORRECTIONS

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

20. DISCLAIMER

THE SERVICES ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We make no warranties or representations about the accuracy or completeness of the Services’ content or the content of any websites linked to the Services, and we assume no liability or responsibility for any:

errors, mistakes, or inaccuracies of content and materials;
personal injury or property damage resulting from your access to and use of the Services;
unauthorized access to or use of our secure servers or any personal or financial information stored therein;
interruption or cessation of transmission to or from the Services;
bugs, viruses, Trojan horses, or the like transmitted by any third party; or
errors or omissions in any content and materials or any loss or damage incurred as a result of the use of any content made available via the Services.

We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Services or any hyperlinked website, and we will not be a party to or responsible for monitoring any transaction between you and third-party providers of products or services

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