Overview

Welcome to Swaycout, operated by swaycout.com. By accessing or using any part of this website, you agree to be bound by these Terms of Service, which include all terms, conditions, policies, and notices stated here. Please read these Terms of Service carefully before using our website. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any services. These Terms of Service apply to all users of the site, including browsers, vendors, customers, merchants, and content contributors.

When you engage in our “Service,” which includes visiting our site and/or purchasing something from us, you accept these Terms of Service. If these Terms of Service are deemed an offer, acceptance is expressly limited to these Terms of Service.

New features or tools added to the current store will also be subject to these Terms of Service. You can review the most current version of the Terms of Service on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. Please check this page periodically for changes. By continuing to use or access the website following the posting of any changes, you accept those changes.

Section 1 – Online store terms

By agreeing to these Terms of Service, you represent that you have reached the age of majority in your state or province of residence or have obtained the necessary consent from your minor dependents to use this site.

You are not authorized to use our products for any illegal or unauthorized purpose, and you may not violate any laws in your jurisdiction, including copyright laws, while using our Service.

You must not transmit any worms, viruses, or any other code with destructive or disruptive properties.

Violation or breach of these Terms will lead to immediate termination of your access to our Services.

Section 2 – General conditions

We reserve the right to decline service to anyone, for any reason, at any time.

You acknowledge and understand that your content (excluding credit card information) may be transferred unencrypted and may be subject to transmission over various networks and changes to conform and adapt to the technical requirements of such networks or devices. However, credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service, or any contact on the website through which the service is provided, without express written permission from us.

The headings used in this agreement are for convenience only and will not limit or affect these Terms in any way.

Section 3 – Accuracy, completeness, and timeliness of information

We cannot be held responsible if the information provided on this website is inaccurate, incomplete, or not up-to-date. The content on this website is intended for general information only and should not be used as the sole basis for decision-making without consulting more accurate, complete, or timely sources of information. Any reliance on the material provided on this site is at your own risk.

This site may include historical information that may not be current and is intended for reference only. We reserve the right to modify the contents of this site at any time without any obligation to update the information on our site. You are solely responsible for monitoring any changes made to our site.

Section 4 – Modifications to the service and prices

The prices of our products are subject to change without prior notice.

We reserve the right to modify or discontinue the Service, or any part or content thereof, at any time without prior notice.

We shall not be held liable to you or any third-party for any modification, price change, suspension, or discontinuance of the Service.

Section 5 – Products or services (If Applicable)

Our website may offer certain products or services that are not available elsewhere, and these items may have limited availability. Please refer to our Refund, Return & Exchange for details on returning or exchanging these items.

We have taken care to ensure that the colors and images of our products displayed on the website are as accurate as possible, but please note that your computer monitor may not display the colors exactly the same.

We reserve the right to limit sales of our products or services on a case-by-case basis and to restrict quantities of any item. We may change product descriptions or pricing without notice, and we reserve the right to discontinue any product at any time. Any offer for a product or service on our site is void where prohibited.

Please note that we cannot guarantee that the products, services, or information you purchase will meet your expectations or that we will correct any errors in the service.

Section 6 – Accuracy of billing and account information

We reserve the right to refuse any orders placed with us. In our sole discretion, we may limit or cancel the quantities purchased per person, household, or order. This may include orders made with the same customer account, credit card, billing and/or shipping address. If we need to make any changes to or cancel your order, we will attempt to notify you via the email or billing address/phone number you provided when placing the order. We reserve the right to prohibit orders placed by dealers, resellers, or distributors at our discretion.

To ensure that your transactions are completed successfully, please provide accurate and up-to-date information for all purchases made on our site, including your email address and credit card details. We encourage you to update your account information promptly if anything changes.

For further information, please see our Refund, Return & Exchange.

Section 7 – Optional tools

We may provide you with access to third-party tools through our site, but we do not monitor or have control over them. Please note that we offer these tools “as is” and “as available” without any warranty, representation, or condition, and we do not endorse them. We will not be liable for any issues or damages arising from your use of these optional third-party tools.

Using any optional tools on our site is entirely at your own risk and discretion. You should review and approve of the terms under which the relevant third-party providers offer these tools.

We may introduce new services or features through the website in the future, such as new tools or resources. These new services or features will also be subject to the Terms of Service outlined here.

Section 8 – Third-party links

Our Service may include content, products, or services from third parties. We may also provide links to third-party websites that are not affiliated with us. However, we do not examine or evaluate the content or accuracy of these materials, and we are not responsible for any third-party materials, websites, products, or services.

Any purchase or use of goods, services, resources, content, or other transactions made through third-party websites are done so at your own risk. We will not be liable for any harm or damages related to these transactions. Before engaging in any transaction with a third-party website, we recommend that you review their policies and practices carefully and make sure you understand them. If you have any complaints, claims, concerns, or questions regarding third-party products, you should direct them to the third-party.

Section 9 – User comments, feedback, and other submissions

If you provide us with certain submissions, such as contest entries, or if you send creative ideas, suggestions, proposals, plans, or other materials to us without a request, whether through online means, email, postal mail, or otherwise (collectively, “comments”), you agree that we may use, copy, publish, distribute, translate, and edit any comments you send us in any medium, without any restrictions. We have no obligation to (1) maintain any comments in confidence; (2) provide any compensation for any comments; or (3) respond to any comments.

We may, at our sole discretion, monitor, edit, or remove content that we deem to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or that violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not infringe on any third-party rights, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your comments will not contain abusive or obscene material, or any computer virus or other malware that could harm the Service or any related website. You may not impersonate anyone else, use a false email address, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for the accuracy and content of your comments. We are not responsible for any comments posted by you or any third-party, and we assume no liability for them.

Section 10 – Personal information

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

Section 11 – Errors, inaccuracies, and omissions

From time to time, there might be errors, inaccuracies, or omissions in the information on our site or in the Service. This may include errors in product descriptions, pricing, promotions, offers, product shipping charges, transit times, or availability. We reserve the right to correct these errors or omissions, and to change or update information, or cancel orders if necessary, without prior notice (even after you have submitted your order).

We do not have an obligation to update, amend, or clarify information in the Service or on any related website, such as pricing information, except as required by law. Please note that any update or refresh date mentioned on the Service or any related website does not necessarily mean that all information has been modified or updated.

Section 12 – Prohibited uses

The use of our site or its content is prohibited for certain activities in addition to those already outlined in the Terms of Service. Specifically, you may not use the site or its content for: (a) any unlawful purpose; (b) soliciting others to perform or participate in unlawful acts; (c) violating any applicable laws or regulations; (d) infringing upon our intellectual property rights or the intellectual property rights of others; (e) engaging in harassment, abuse, insult, harm, defamation, slander, disparagement, intimidation, or discrimination based on personal characteristics; (f) submitting false or misleading information; (g) uploading or transmitting viruses or other malicious code that may interfere with the Service, related websites, or the Internet; (h) collecting or tracking personal information of others; (i) engaging in spamming, phishing, or other malicious activities; (j) using the Service for any obscene or immoral purpose; or (k) interfering with or circumventing the security features of the Service, related websites, or the Internet. If we determine that you have violated any of these prohibited uses, we reserve the right to terminate your use of the Service or any related website.

Section 13 – Disclaimer of warranties; limitation of liability

We cannot guarantee that your use of our service will be uninterrupted, timely, secure, or error-free. While we strive to provide accurate and reliable results, we do not warrant that the service will be error-free or that any results obtained from the service will be accurate.

We reserve the right to remove or cancel the service at any time without notice, and you acknowledge that we will not be liable for any damages, including lost profits or data, resulting from any interruptions or cancellation of the service.

Except as expressly stated by us, the service, and all products and services provided through the service, are provided “as is” and “as available,” without any warranties or conditions of any kind, whether express or implied. This includes all implied warranties or conditions of merchantability, fitness for a particular purpose, title, non-infringement, and durability.

In no event shall Swaycout Store, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any damages of any kind, including but not limited to lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether in contract, tort (including negligence), strict liability, or otherwise, arising from your use of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product. This includes, but is not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

In some states or jurisdictions, limitations of liability for consequential or incidental damages are not allowed. In such cases, our liability will be limited to the maximum extent permitted by law.

Section 14 – Indemnification

By using our service, you agree to defend, indemnify, and hold Swaycout Store, as well as our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising from your violation of these Terms of Service or any other document referred to herein or your violation of any law or the rights of a third-party.

Section 15 – Severability

If any provision of these Terms of Service is found to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect. The unenforceable provision will be modified to the extent necessary to make it enforceable and consistent with the original intent of the parties, and the validity and enforceability of the remaining provisions will not be affected.

Section 16 – Termination

The rights and obligations of the parties incurred prior to the termination date shall remain in effect after the termination of this agreement.

These Terms of Service will remain in effect unless terminated by either party. You can terminate these Terms of Service at any time by informing us that you no longer wish to use our Services or by discontinuing your use of our site.

We may terminate this agreement at any time without notice if we believe, in our sole discretion, that you have failed to comply with any term or provision of these Terms of Service. In such cases, you will remain responsible for all amounts due up to and including the date of termination. We may also deny you access to our Services (or any part thereof) as a result of such termination.

Section 17 – Entire agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Section 18 – Governing law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by.

Section 19 – Changes to terms of service

We encourage you to regularly review these Terms of Service, which are available on our website.

We may modify or update these Terms of Service from time to time at our sole discretion. Any changes will be posted on our website, and your continued use of or access to our website or the Service after such changes have been posted will constitute your acceptance of the modified Terms of Service. It is your responsibility to check the Terms of Service periodically for changes.

Section 20 – Contact information

Questions about the Terms of Service should be sent to us here.

2212 Linda Flora Dr, Los Angeles CA 90077

[email protected]

Open: 8 am – 11 pm (Mon – Sat)

+1 (707) 206-7165