Last Updated: March 15, 2017
Your Consent and Use of the Website
As our business changes from time to time, this Agreement may likewise change. We reserve the right to change or modify the terms and conditions that govern your use of the Website, Services and this Agreement at any time as provided herein, with or without notice to you, at our discretion. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting the Website to see the current Agreement in effect and any changes that may have been made to it. Your use of the Website and Services following any such change constitutes your agreement to follow and be bound by the terms and conditions as changed. We may terminate your right to and deny you access to the Website, or remove any material you have posted at the Website if, in our sole discretion, you fail to comply with any term or provision of this Agreement, or for any other reason whatsoever. Except as otherwise provided herein, however, SW undertakes no obligation to police, supervise, or monitor materials posted to the Website by you or other third parties.
Use of the Website is limited to persons who are thirteen (13) years of age or older. The Website is not directed to persons under the age of 13 and the policy of SW is NOT to knowingly collect any personal information from persons under the age of 13. If you are under the age of 13, you should leave the Website without providing any information about yourself. Any access to or use of the Website by anyone under the age of majority requires consent to this Agreement by a parent or legal guardian. By accessing or using the Website or Services, you represent and warrant to us that you are either a legal adult or, if under the age of majority, have obtained proper consent from a parent or legal guardian to your use of the Website and this Agreement. By using the Website or Services, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
We provide the Website for use by persons located in the United States. We make no claims that the Website or Services are accessible or appropriate outside of the United States. Those who choose to access the Website or Services from locations outside of the United States do so on their own initiative, and are responsible for compliance with local laws if and to the extent local laws are applicable including, without limitation, all applicable laws, rules and regulations regarding the transmission of data exported from the United States or the country in which you reside or access the Website from.
SW imposes certain restrictions on your permissible use of the Website and Services. You are prohibited from violating or attempting to violate any security features of the Website and Services including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Website, or any associated system, service or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Website, overloading, "flooding," "spamming," "mail bombing" or "crashing"; (d) using the Website or Services to send unsolicited email including, without limitation, promotions or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any email or post using the Website or Services; (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by SW in providing the Website or Services; or (g) engaging in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website or Services, or which, as determined by us, may harm SW or users of the Website or Services. Any violation of system or network security may subject you to civil and/or criminal liability. Without limiting the foregoing, you may not use "bots," spiders or intelligent agent software (or similar technologies) for any purposes other than accessing publicly posted portions of the Website and Services and only for purposes consistent with this Agreement. You may not circumvent any access or use restrictions, data encryption or content protection related to the Website or Services. You may not data mine the Website or in any way cause harm to the Website or Services.
Website Content and Intellectual Property Rights
Unless otherwise noted, the design of the Website, the Website as a whole, and all materials that are part of the Website and Services (collectively, "Content") are copyrights, trademarks, trade dress or other intellectual properties owned, controlled or licensed by SW or its subsidiaries and affiliates. You acknowledge and agree that any Content used in connection with the Website or Services, including any software accessible through the Website or Services, contains SW's proprietary and confidential information that is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. This Agreement does not limit any rights that SW may have under trademark, trade secret, copyright, patent or other laws.
No right, title or interest in any of the information, material, or other Content of the Website or Services is granted to you under any circumstances, and SW reserves and retains all intellectual property rights in and to the Website, Services and their Content. Linking or framing to the Website or any of its Content is prohibited without the prior written permission of SW.
Except as expressly noted herein, you may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, any of the Content or the Website or Services. Unauthorized use or copying (including electronic copying or downloading) of the Website, Services and Content without SW's express written consent is expressly prohibited by law, and may result in severe civil and criminal penalties.
Opinions, advice, statements, testimonials, reviews, offers or other information or content made available on the Website or through our Services, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content.
General Contest/Sweepstakes Terms and Conditions
Skate Warehouse, LLC (“SW”) Contests/Sweepstakes (“Contests”) that you enter may have supplemental rules and conditions (“Official Rules”), but the following general rules (“General Rules”) apply absent contrary terms in any Supplemental Rules for the particular Contest.
ELIGIBILITY: To enter a Contest, you must be a registered user of the SW website and have an active account with current contact information. No purchase is necessary to enter a Contest and a purchase will not improve your chances of winning. Contests are not open to employees of SW, Sports Warehouse, Inc., Running Warehouse, LLC, Riding Warehouse, LLC, Tackle Warehouse, LLC (collectively, “SW Entities”) members of these persons’ immediate families (spouses and/or parents, children, and siblings, and each of their respective spouses, regardless of where they reside), and/or persons living in the same households as these persons (whether or not related thereto), or anyone else professionally associated with the Contest. If you are under age 18 (or the age of majority under applicable law) and the Contest is open to you, we may need your parent or guardian’s consent before we can accept your entry. SW reserves the right to request proof of identity or to verify eligibility conditions and potential winning entries, and to award any prize to a winner in person. Contests are void where prohibited or restricted by law. Potential winners who are residents in jurisdictions where Contests require an element of skill may be required to answer a mathematical test in order to be eligible to win a prize.
PRIZES: No cash or alternative prizes are available, except that SW (or the party providing a prize) reserve the right to substitute a similar prize of equal or greater value. Prizes cannot be transferred (except to a child or other family member) or sold by winners. Only the number of prizes stated for the Contest is available to be won and all prizes will be awarded provided a sufficient number of eligible entries are received and prizes are validly claimed by the date provided in connection with the Contest, after which no alternate winners will be selected or unclaimed prizes awarded. Unless otherwise disclosed in the prize description prior to entry, winners are responsible for all costs and expenses associated with claiming a prize. All taxes are solely the responsibility of each winner, although we reserve the right to withhold applicable taxes and each winner agrees to complete any required tax forms.
A winner’s acceptance of a prize constitutes agreement to participate in reasonable publicity related to the Contest and grants SW an unconditional right to us to use such winner’s name, town or city and state, province or country, likeness, prize information and statements by such winner about the Contest for publicity, advertising and promotional purposes and to comply with applicable law and regulations, all without additional permission or compensation. As a condition of receiving a prize, winners (or their parents or guardians) may be required to sign and return an affidavit of eligibility, liability release and publicity release.
CONDITIONS: SW reserves the right to permanently disqualify from any Contest any person it believes has intentionally violated these General Rules. Any attempt to deliberately damage the Contest or the operation thereof is unlawful and subject to legal action by SW, which may seek damages to the fullest extent permitted by law. The failure of SW Entities to comply with any provision of these General Rules or any applicable Official Rules due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of SW Entities (excepting compliance with applicable codes and regulations), or other “force majeure” event will not be considered a breach of these General Rules or any applicable Official Rules. SW Entities assume no responsibility for any injury or damage to entrants’ or to any other person’s computer relating to or resulting from entering or downloading materials or software in connection with the Contest. SW Entities are not responsible for telecommunications, network, electronic, technical, or computer failures of any kind; for inaccurate transcription of entry information; for errors in any promotional or marketing materials or in these General Rules or any applicable Official Rules; for any human or electronic error; or for entries that are stolen, misdirected, garbled, delayed, lost, late, damaged, or returned. PLEASE NOTE: SW reserves the right to cancel, modify, or suspend the Contest or any element thereof (including, without limitation, these General Rules or any applicable Official Rules) without notice in any manner and for any reason (including, without limitation, in the event of any unanticipated occurrence that is not fully addressed in these General Rules or any applicable Official Rules). In the event of cancellation, modification, or suspension, SW reserves the right to select winners in a random drawing from among all eligible, non-suspect entries received prior to the time of the event warranting such cancellation, modification, or suspension. Notice of such cancellation, modification, or suspension will be posted on SW’s website. Sponsors may prohibit any entrant or potential entrant from participating in the Contest, if such entrant or potential entrant shows a disregard for the General Rules or any applicable Official Rules; acts with an intent to annoy, abuse, threaten, or harass any other entrant, SW Entity, or SW Entities’ agents or representatives; or behaves in any other disruptive manner (as determined by SW in its sole discretion). SW reserves the right to modify these rules for clarification purposes without materially affecting the terms and conditions of the Contest.
Contests are in no way sponsored, endorsed, administered by, or associated with, any social media platforms unless stated otherwise in the applicable Official Rules.
Disclaimer of Warranties and Limitation of Liabilities
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL USE OF THE WEBSITE AND SERVICES, ANY INFORMATION, CONTENT, PRODUCTS, OR SERVICES CONTAINED AT OR PROVIDED THROUGH OR PURCHASED FROM THE WEBSITE OR SERVICES, AND ANY FUNCTIONALITY OR SOFTWARE OR PROGRAMMING CONTAINED AT OR PROVIDED THROUGH THE WEBSITE OR SERVICES, IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT GUARANTEE OR WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY, PROMISE OR GUARANTEE OF ANY KIND THAT (A) OPERATION OF THE WEBSITE AND SERVICES WILL BE CONTINUOUS, TIMELY, UNINTERRUPTED, SECURE, OR THAT THE WEBSITE OR ITS SERVER ARE FREE OF ERRORS, VIRUSES OR OTHER HARMFUL EFFECTS; (B) THE WEBSITE OR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (C) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE, PRODUCTS OR SERVICES WILL BE EFFECTIVE, TYPICAL, ACCURATE OR RELIABLE; AND (D) THE QUALITY OF ANY PRODUCTS, SERVICES OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE WEBSITE OR SERVICES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS. YOUR USE OF THE WEBSITE, PRODUCTS AND SERVICES IS AT YOUR OWN RISK. WE EXPECT THAT YOU WILL USE CAUTION AND COMMON SENSE WHEN USING THE WEBSITE AND SERVICES.
FURTHER, WITHOUT LIMITING THE FOREGOING, ALL INFORMATION PROVIDED ON THE WEBSITE AND SERVICES IS WITHOUT WARRANTY AS TO ITS COMPLETENESS, TIMELINESS, ACCURACY, SUITABILITY OR AUTHENTICITY. YOU SHOULD CONDUCT YOUR OWN DUE DILIGENCE AS TO THE TRUTH, ACCURACY, COMPLETENESS, AND CONTINUING VALIDITY OF ANY INFORMATION SET FORTH IN OR REFERENCED ON THE WEBSITE OR SERVICES. LIKEWISE, SW DOES NOT WARRANT THE ACCURACY OF ANY THIRD PARTY CONTENT CONTAINED WITHIN OR REFERRED TO ON THE WEBSITE OR SERVICES, INCLUDING ANY LINKS TO THIRD PARTY WEBSITES. SW IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY IN WHOLE OR IN PART TO YOU.
UNDER NO CIRCUMSTANCES OR LEGAL THEORY SHALL SW OR ITS AGENTS, DIRECTORS, SHAREHOLDERS, MEMBERS, PARTNERS, MANAGERS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, DISTRIBUTORS, VENDORS, ATTORNEYS OR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES (WHETHER DIRECT, INDIRECT, GENERAL, COMPENSATORY, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY OR OTHERWISE), INJURY, CLAIM OR LIABILITY OF ANY KIND OR CHARACTER BASED UPON OR ARISING FROM YOUR USE OF OR INABILITY TO USE THE WEBSITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF YOU ARE DISSATISFIED WITH THE WEBSITE OR SERVICES, OR ANY MATERIALS ON THE WEBSITE OR SERVICES, OR WITH ANY OF THE TERMS OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE AND SERVICES.
WITHOUT LIMITING THE FOREGOING, THE LIABILITY OF SW FOR ANY DAMAGE OF ANY KIND, DIRECT OR INDIRECT, ARISING FROM YOUR USE OF THE WEBSITE OR SERVICES, ANY INFORMATION, CONTENT, PRODUCTS OR SERVICES OBTAINED AT OR FROM THE WEBSITE OR SERVICES, OR OTHERWISE RELATING TO YOUR USE OF THE WEBSITE, PRODUCTS OR SERVICES, SHALL NOT EXCEED THE DOLLAR AMOUNT PAID BY YOU, IF ANY, TO SW FOR USE OF THE WEBSITE, PRODUCTS OR SERVICES. BY USING ANY PRODUCT(S), YOU ACKNOWLEDGE AND AGREE THAT YOU ARE FULLY RESPONSIBLE FOR ANY POTENTIAL EFFECTS, PROPER HANDLING AND PROPER USAGE OF SUCH PRODUCT(S), AND YOU ACKNOWLEDGE AND ASSUME ANY RISKS THAT MAY COME THEREWITH, INCLUDING, WITHOUT LIMITATION, ANY PHYSICAL INJURIES, HEALTH EFFECTS, ALLERGIC REACTIONS, PHYSIOLOGICAL CHANGES AND EFFECTS, BODY REACTIONS, AND ANY LOSS OR DAMAGES THAT MAY OCCUR THEREAFTER.
THE LIMITATION OF LIABILITY SET FORTH ABOVE SHALL: (I) ONLY APPLY TO THE EXTENT PERMITTED BY LAW, AND (II) NOT APPLY TO (A) LIABILITY RESULTING FROM OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT AND (B) DEATH OR BODILY INJURY RESULTING FROM OUR ACTS OR OMISSIONS.
Release and Indemnification
IN THE EVENT YOU HAVE A DISPUTE WITH ONE OR MORE USERS OF THE WEBSITE OR SERVICES (INCLUDING, BUT NOT LIMITED TO, ANY DISPUTE REGARDING ANY TRANSACTION OR USER GENERATED CONTENT) OR ANY THIRD PARTY WEBSITE THAT MAY BE LINKED TO OR OTHERWISE INTERACT WITH THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY SOCIAL MEDIA SITE, YOU HEREBY AGREE TO RELEASE AND FOREVER DISCHARGE SW AND ITS AGENTS, DIRECTORS, SHAREHOLDERS, MEMBERS, PARTNERS, MANAGERS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, SUPPLIERS, DISTRIBUTORS, VENDORS, ATTORNEYS AND AFFILIATES (COLLECTIVELY, THE "RELEASED PARTIES") FROM ANY AND ALL RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH SUCH DISPUTE AND/OR YOUR USE OF THE WEBSITE AND SERVICES, TO THE FULLEST EXTENT PERMITTED BY LAW.
YOU FURTHER AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, TO THE FULLEST EXTENT PERMITTED BY LAW, RELEASED PARTIES FROM AND AGAINST ALL CLAIMS, DEMANDS, LIABILITIES, LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, UNLAWFUL USE OR OTHER MISUSE, OR INABILITY TO USE THE WEBSITE OR SERVICES, YOUR BREACH OF THIS AGREEMENT, OR OTHERWISE RELATING TO THE BUSINESS WE CONDUCT ON THE WEBSITE (INCLUDING, WITHOUT LIMITATION, ANY POTENTIAL OR ACTUAL COMMUNICATION, TRANSACTION OR DISPUTE BETWEEN YOU AND ANY OTHER THIRD PARTY), ANY CONTENT POSTED BY YOU OR ON YOUR BEHALF TO THE WEBSITE OR SERVICES, ANY USE OF ANY SERVICE PROVIDED BY A THIRD PARTY PROVIDER, OR ANY USE OF A SERVICE OFFERED BY US THAT INTERACTS WITH A THIRD PARTY WEBSITE, INCLUDING ANY SOCIAL MEDIA SITE. YOU SHALL COOPERATE AS FULLY AS REASONABLY REQUIRED IN THE DEFENSE OF ANY CLAIM. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU AND YOU SHALL NOT SETTLE ANY MATTER WITHOUT OUR WRITTEN CONSENT. THIS SECTION SURVIVES TERMINATION OF THIS AGREEMENT.
Choice of Law, Arbitration, and Venue
This Agreement and any claim or controversy relating to or arising from the use of the Website or Services, including, but not limited to, any transactions made or entered into at the Website or Services, any information, content, products, services or promotions herein contained or provided from the Website or Services, or any functionality, software or programming contained or provided at or from the Website or Services (hereafter, "Claims"), shall be governed by the laws of the State of California without regard to principles of conflicts of law and, as applicable, the laws of the United States of America.
TO THE FULLEST EXTENT PERMITTED BY LAW, ANY CAUSE OF ACTION OR CLAIM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION OR CLAIM ARISES, OR THE CAUSE OF ACTION OR CLAIM SHALL BE FOREVER BARRED.
YOU AGREE TO ARBITRATE ANY AND ALL CLAIMS, INCLUDING ALL STATUTORY CLAIMS, AND ANY STATE OR FEDERAL CLAIMS. BY AGREEING TO ARBITRATION, YOU UNDERSTAND AND AGREE THAT YOU ARE GIVING UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR USE OR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE WEBSITE OR SERVICES, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
All Claims shall be decided by one arbitrator pursuant to this provision and the commercial arbitration rules and procedures of JAMS, Inc. at their offices located in Orange County, California. For more information on JAMS and/or the rules of JAMS, visit http://www.jamsadr.com. All Claims shall be brought solely in the parties' individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. The arbitrator may not consolidate more than one person's Claims, and may not otherwise preside over any form of a representative or class proceeding with respect to any such Claims. NEITHER PARTY SHALL BE PERMITTED TO OBTAIN AWARDS FOR AND, TO THE EXTENT PERMITTED BY LAW, EACH PARTY HEREBY WAIVES (A) ALL RIGHTS TO CLAIM PUNITIVE, INCIDENTAL, EXEMPLARY, SPECIAL, ENHANCED, INDIRECT OR CONSEQUENTIAL DAMAGES AND ANY OTHER DAMAGES, OTHER THAN FOR ACTUAL OUT-OF-POCKET EXPENSES, AND (B) ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED. The decision of the arbitrator shall be final and binding. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, shall be conducted in the Superior Court of the State of California, in and for the County of San Luis Obispo or, where applicable, the federal District Court sitting in the County of Los Angeles, State of California. Likewise, in the event that this arbitration agreement is for any reason held to be unenforceable, any litigation shall be commenced only in the federal court located in Los Angeles County or state court located in San Luis Obispo County, California. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
BY USING THE WEBSITE OR SERVICES IN ANY MANNER, YOU AGREE TO THE TERMS OF THE ABOVE ARBITRATION AGREEMENT. IN DOING SO, YOU GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND ANY CLAIMS BETWEEN YOU AND US. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING.
Submission and Posting of Information, Comments, Writings and Other User-Generated Content and Materials
As a user of the Website and Services, you may be able to post content on the Website or Services or on SW's blog or social media pages, including, without limitation, by providing testimonials or reviews, leaving comments, uploading pictures or videos, etc. You are solely responsible for the content you upload, publish, display, post or transmit to other users. However, SW reserves the right to redact, block or remove any communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of copyright, trademark or other intellectual property rights, (d) in violation of any law, regulation or this Agreement, or (e) offensive or otherwise unacceptable to SW in its sole discretion. SW reserves the right, but undertakes no duty, to review, edit, move or delete any communication or material provided for display or placed on the Website or Services or on SW's blog or social media pages, in its sole discretion, without notice. If at any time SW chooses, in its sole discretion, to monitor the content, SW nonetheless assumes no responsibility for the content, no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of the user submitting any such content. You agree that SW shall under no circumstances be held liable on account of any action it takes, in good faith, to remove from the Website or restrict access to material that it or any user considers to be obscene, lewd, lascivious, discriminatory, violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected.
Your submission of such information and material shall further constitute an assignment to SW of all worldwide rights, titles and interests in the information and materials without payment of any compensation. By posting content to any public area of the Website, Services, or SW's blog or social media pages or accounts, you automatically grant and represent and warrant that you have the right to grant to us, our affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
If you provide or post any information, materials, text, images, music, video, or other content or works of any nature (collectively, "Posted Content") at or through the Website, Services or on SW's blog or social media pages or accounts, you represent, warrant, and agree that any such Posted Content:
- (a) Is not defamatory, obscene, indecent, abusive, harassing, offensive, profane, violent, hateful, inflammatory or otherwise in violation of any law or right of any third party.
- (b) Is not false, inaccurate, deceptive, misleading, or fraudulent.
- (c) Does not promote sexually explicit or pornographic material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- (d) Does not infringe any third party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights.
- (e) Does not violate any law, statute, ordinance or regulation (including, without limitation, those governing export control, consumer protection, publicity and privacy rights, unfair competition, anti-discrimination or false advertising).
- (f) Does not contain any personal identifying information of any person other than you.
- (g) Does not cause annoyance, inconvenience or needless anxiety and is not likely to upset, embarrass, alarm or annoy any other person.
- (h) Does not impersonate any person or misrepresent your identity or affiliation with any person or organization.
- (i) Does not involve unauthorized commercial activities or sales, such as contests, sweepstakes or other sales promotions, bartering or advertising.
- (j) Does not give the impression that it emanates from or is endorsed by us or any other person or entity, if this is not the case.
- (k) Does not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information, or the operation of any computer or computer program, including, without limitation, any mechanism for overloading, "flooding," "spamming," "mail bombing" or "crashing" the Website, Services or any system, or any mechanism intended to send unsolicited e-mail including, without limitation, promotions, or advertisements for products or services.
- (l) Shall become and be the property of SW with the full and unrestricted right of SW to distribute, copy, transfer, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, create derivative works from, or otherwise use, or delete or remove, such Posted Content, in each case without compensation to you.
Copyright/ DMCA Notice and Procedure
If you believe that your work was copied or posted on our Website in a way that constitutes copyright infringement, please contact our designated Copyright Agent:
Privacy Department181 Suburban RoadSan Luis Obispo, CA firstname.lastname@example.orgFax: 805-540-7940
Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that content is infringing.
Your notification must include the following information:
- (A) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- (B) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- (C) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit SW to locate the material.
- (D) Information reasonably sufficient to permit SW to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- (E) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- (F) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Only DMCA notices should go to the SW Copyright Agent designated above. Communications regarding other matters directed to that address or DMCA notices that do not comply with the requirements of the DMCA may be ignored.
Upon receipt of your written notification containing the information as outlined above:
- (A) SW shall remove or disable access to the material that is alleged to be infringing.
- (B) SW shall use reasonable efforts to forward the written notification to such alleged infringer ("Alleged Infringer").
- (C) SW shall take reasonable steps to notify the Alleged Infringer that it has removed or disabled access to the material.
To be effective, a Counter Notification must be a written communication provided to SW's designated Copyright Agent that includes substantially the following:
- (A) A physical or electronic signature of the Alleged Infringer.
- (B) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
- (C) A statement under penalty of perjury that the Alleged Infringer has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
- (D) The Alleged Infringer's name, address, and telephone number, and a statement that the Alleged Infringer consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the Alleged Infringer's address is outside of the United States, for any judicial district in which SW is located, and that the Alleged Infringer will accept service of process from the person who provided notification or an agent of such person.
Upon receipt of a Counter Notification containing the information as outlined above:
- (A) SW shall promptly provide you with a copy of the counter notification, and inform you that SW will replace the removed material or cease disabling access to it in 10 business days; and
- (B) SW shall replace the removed material and cease disabling access to the material in no less than 10 and no more than 14 business days following receipt of the counter notice, unless SW's designated Copyright Agent first receives notice from you that you have filed an action seeking a court order to restrain the Alleged Infringer from engaging in infringing activity relating to the material on our Website.
SW may, in appropriate circumstances, terminate an account holder or user of the Website or Services if he or she is a repeat infringer. If you believe that an account holder or user is a repeat infringer, please follow the instructions above to contact SW's DMCA Copyright Agent and provide information sufficient for us to verify that the account holder or user is a repeat infringer.
Termination of Agreement and Denial of Access
This Agreement is effective unless and until terminated by SW. If, in SW's sole discretion, you fail to comply with any term or provision of this Agreement, SW may terminate your access to or use of the Website or Services. In the event of termination or denial of access by SW, you are no longer authorized to access the Website or Services, and the restrictions imposed upon you with respect to material copied or downloaded, and the disclaimers and limitations of liabilities set forth in this Agreement, shall continue in force and effect to the fullest extent allowed under applicable laws.
Third Party Links
The Website may include links to other Internet sites maintained by third parties ("Linked Sites"). SW provides Linked Sites to you solely as a convenience, and the inclusion of Linked Sites does not imply endorsement by SW of the Linked Sites. You access Linked Sites at your own risk, and by accessing them, you leave the Website. Linked Sites are not under the control of SW and SW is not responsible for the content of any Linked Sites.
Modifications to the Website or Services
SW reserves the right at any time to modify or discontinue, temporarily or permanently, the Website and Services (or any part thereof) with or without notice to you in our sole discretion. You agree that SW shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website and Services.
Your Account Information, Password and Security
In the course of your use of the Website or Services, we may ask you for certain information, including your name, email address, phone number, mailing address, billing address, shipping address, and payment card information (collectively, "Account Information"). If you open an account or commence any transaction of business at or on the Website, you may be required to complete the registration process by providing certain additional information and registering a username and password. Your Account Information must be up-to-date and accurate at all times. Should your information change, you must update it in your user profile. You agree that you are solely responsible for the accuracy and content of your Account Information. You are further responsible for maintaining the confidentiality of your username and password and also for all activities that take place under your username and/or account. You agree to: (a) immediately notify us of any unauthorized use of your username, password and/or account, or any other breach of security; and (b) ensure that you log out of your account at the end of each Website session. Consistent with and without limiting the scope of provisions limiting liability elsewhere in this Agreement, in no event will SW be liable for any indirect or consequential loss or damage of any kind whatsoever resulting from the disclosure of your username and/or password or your failure to comply with this section. You may not use another person's username or account at any time without the express permission of the account holder. We reserve the right to deny registration of any account at our discretion and to terminate your access to all or any part of the Website and Services if you provide inaccurate, false or misleading information in connection with your account.
Product Availability and Pricing
For product availability and pricing questions, please call us at 800.467-5283 and we will be happy to help you with your inquiry. Prices are quoted in U.S. dollars and are subject to change at any time. Discounts are usually limited time offers and may not be combined with any other offers. SW makes no representations as to how long a limited time offer will be available or whether and for how long the product was sold at the manufacturer's suggested retail price prior to any discount being offered. We reserve the right to limit the quantities of any products or services that we offer through the Website at our sole discretion.
Product Images, Content and Specifications
All features, content, specifications, products and prices of products described at or depicted on the Website and Services are subject to change at any time without notice. All product descriptions are approximate, provided for convenience only and may be subject to substitutions where indicated. We make all reasonable efforts to accurately display the attributes of our products, including their respective sizes and colors; however, the actual size, color and other attributes you see may vary and will depend on your computer system, and as such we cannot guarantee that your computer will accurately display such attributes. While SW attempts to be as accurate as possible in its product descriptions on the Website and Services, SW does not warrant that product descriptions or other Content is accurate, complete, reliable, current or error-free. If a product offered by SW is not as described, your sole remedy is to return it in unused condition pursuant to SW's Return Policy, citing the reasons the product is not as described.
Transactions on the Website
You represent and warrant that you are buying products from the Website for your own personal or household use only, and not for resale or export. SW reserves the right to refuse any order you place with us in violation of this section or this Agreement. For example, we reserve the right to limit or cancel orders that, in our sole judgment, appear to be placed by dealers, resellers or unauthorized distributors or wholesalers. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, per account, per payment method, per billing and/or shipping address or per order. In the event we modify or cancel an order, we will attempt to notify you by using the e-mail, billing address or phone number provided at the time the order was placed.
It is your responsibility to ascertain and obey all applicable local, state, federal and international laws with respect to the possession and use of any item purchased from the Website. By placing an order, you represent and warrant that the products ordered will be used only in a lawful manner.
Call Monitoring and Recording
For quality assurance, SW may record and/or monitor incoming calls to, and outgoing calls from, SW. By accepting this Agreement, you also consent to any and all call recording and monitoring performed by SW or its agents, employees and/or affiliates.
SW's Return Policy is accessible here and is incorporated into this Agreement in its entirety. Such Return Policy may change from time to time.
Shipping Policy and Risk of Loss
When an order is placed, it will be shipped to an address designated by the purchaser as long as that shipping address is valid and compliant with the shipping restrictions contained on the Website. All purchases from the Website are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from the Website pass to you upon delivery of the items to the third party carrier. You are responsible for filing any claims with the applicable carrier for any damaged and/or lost shipments.
Eligibility to Order/Purchase
To place an order on the Website, you must be at least 18 years of age and abide by all applicable local, state, federal and international laws and regulations.
Professional and Medical Advice Disclaimer
Any information provided on the Website and Services, including product descriptions and instructions, is for informational purposes only. Use of the Website and Services or any information provided to you is not meant to serve as a substitute for professional or medical advice. SW makes no representations, warranties or health related claims on the Website or Services. You should read and strictly follow all product labels, packaging inserts and instructions, and manufacturer directions and warnings before using any product.
Headings in this Agreement are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Nothing herein shall be deemed to create an agency, partnership, joint venture, employee-employer or franchise-franchisee relationship of any kind between SW and you or any other person or entity. Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to other or similar breaches. This Agreement, including the other policies referenced herein, shall constitute the entire agreement and understanding between SW and you with respect to use of the Website and Services and supersedes any and all prior agreements and understandings between you with respect to the subject matter addressed herein. This Agreement is binding on SW and you and on each of your successors and assigns. If any provision in this Agreement is deemed unlawful, void or unenforceable, then that provision will be deemed severed from the Agreement and the remaining provisions shall remain in full force and effect as if no invalid or unenforceable provision had been part of this Agreement.
Complaints or Concerns
If you have any complaints or concerns regarding the Website or Services, please contact us at 800.467.5283 or 805.546.1909. For California residents, the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted by telephone at (800) 952-5210 or (916) 445-1254 or by writing the California Department of Consumer Affairs, Consumer Information Center at 1625 North Market Blvd., Suite N-112, Sacramento, California 95834.