Terms of service
Important — read carefully: the SWAGdirect service http://www.SWAGdirect.com (the "product") is owned and operated by blagency and it’s parent corporation, New York Press, a California corporation, and is provided to you ("you") under the terms and conditions of these SWAGdirect terms of service ("terms"), which include SWAGdirect's privacy policy and registration form that are available through the hyperlinks set forth below and are incorporated herein by reference. By completing the electronic acceptance process and clicking the "submit" button, you represent and warrant that you: (i) are authorized to sign for and bind the contracting party and (ii) agree to be bound by all of the terms and conditions of this agreement, including the disclaimers and limitations of liability set forth in sections 9 and 10 below.
1. Description of product
SWAGdirect allows individuals and organizations to easily review information and products online, thereby improving communication with employees, partners, customers and prospects.
2. Registration
To use the product, you must submit a complete SWAGdirect registration, which is available at https://www.SWAGdirect.com/en_us/register/register.tmpl?randomset=try (the "registration form"), on your behalf. As part of the registration process for the product, you agree to: (1) provide certain limited information about you as prompted to do so by the product (such information is to be current, complete and accurate) and (2) maintain and update this information as required to keep it current, complete and accurate. The information requested on original signup shall be referred to as registration data ("registration data"). If SWAGdirect discovers that any of your registration data is inaccurate, incomplete or not current, SWAGdirect may terminate your right to access and receive the product immediately upon notice. SWAGdirect will evaluate the registration application in good faith and will notify you in a timely manner regarding acceptance or rejection. SWAGdirect may reject a registration application if it determines in its sole discretion that the user is not an appropriate subscriber or user of the product. SWAGdirect reserves the right to refuse the service to any user who has canceled any number of previous service accounts. SWAGdirect need not provide a reason for its rejection. If SWAGdirect rejects your application, then you may reapply and SWAGdirect will reconsider the application. You may not register for this service if you are under 18 years of age. By registering for this service you represent to SWAGdirect, that you are 18 years of age or older. Upon acceptance of this agreement and completion of the registration process you will have opened an account with SWAGdirect and will become a subscriber to the SWAGdirect service.
3. Services
(a)
Description of service. SWAGdirect allows the registered user to easily review information and products online, thereby improving communication with employees, partners, customers and prospects. SWAGdirect makes the SWAGdirect service available under a number of different subscription plans. Please confirm that the plan for which you are registering meets your needs by reviewing the options in our description pages.
(b)
Fees and payments. You can always find the current subscription fees and charges posted under my account on the SWAGdirect web site. Your subscription will continue and renew automatically unless terminated by SWAGdirect or until you notify SWAGdirect of your decision to change your subscription renewal. For cancellation instructions, log in to your account and click the billing information section of your my account page. If there are any annual, monthly or similar periodic fees for your subscription, these fees will be billed automatically to the credit card designated during the registration process for SWAGdirect.com, or subsequently designated to SWAGdirect at the start of the subscription period and at the start of each renewal period, unless you terminate your subscription before the relevant period begins. You agree to pay or have paid all fees and charges incurred in connection with your subscription for SWAGdirect.com (including any applicable taxes) at the rates in effect when the charges were incurred. SWAGdirect may change the fees and charges then in effect, or add new fees or charges, by giving you notice in advance. All fees and charges incurred in connection with your user name and password will be billed to the credit card designated during the registration process for SWAGdirect.com or subsequently designated to SWAGdirect. You also are responsible for any fees or charges incurred to access SWAGdirect.com through an internet access provider or other third party service. You, and not SWAGdirect, are responsible for paying any amounts billed to your credit card by a third party, which were not authorized by you. This agreement is personal to you, and you may not assign your rights or obligations to anyone.
(c)
Credit cards. As a condition to your right to use the service, you must provide us with a valid credit card number belonging to you with available credit sufficient to pay the applicable service fees. In the event that you cancel this credit card or it is otherwise terminated, you must immediately provide us with a new valid credit card number. You authorize SWAGdirect, from time to time, to undertake steps to determine whether the credit card number you have provided to us is a valid credit card number. In the event that you do not provide us with a current valid credit card number with sufficient credit upon request during the effective period of this agreement, you will be in violation of this agreement, and we may terminate this agreement with you. In the event that you provide us with a debit card number instead of a credit card number, you authorize us to make all charges described in this agreement to your debit card account.
(d)
Trial offers, coupons, credits and special offers. SWAGdirect reserves the right to discontinue or modify coupons, credits and special promotional offers at our discretion. We will begin billing your credit card for a monthly subscription as soon as you subscribe, usually within 30 days of the nest SWAGdirect shipment. You must cancel 30 days prior to the next scheduled SWAGdirect shipment to avoid charges to your credit card. We will continue to bill your credit card on a monthly basis until you cancel. You may cancel your subscription at any time. For cancellation, please call SWAGdirect customer care and talk to a representative – we will confirm your verbal cancellation with an email notice.
(e)
Subscription renewals. Your SWAGdirect subscription will be automatically renewed unless you change your selected subscription option prior to the end of your current subscription period. Your subscription options are located under my account on the billing information page. For your convenience, we will bill the subscription fee to the credit card you provided to us during registration (or to a different credit card if you make a change to your account information). Please contact our customer care department if you need assistance in updating your subscription options, making a change to your plan or if you need to request a cancellation.
4. User conduct and proprietary rights
(a)
No resale or commercial use of the product. Your right to use the product is personal to you. You may be either an individual or a corporation or business entity, but you agree not to resell the use of the product, any downloadable plug-in or other materials or any information obtained by you without the express written consent of SWAGdirect.
(b)
Conduct. You are solely responsible for the content of your transmissions through the product. SWAGdirect does, however, reserve the right to take any action with respect to the product that SWAGdirect deems necessary or appropriate in SWAGdirect's sole discretion if SWAGdirect believes you or your transmissions or use of the product may create liability for SWAGdirect. Your use of the product is subject to all applicable local, state, national and international laws and regulations (including without limitation those governing account collection, export control, consumer protection, unfair competition, anti-discrimination or false advertising). You agree: (1) to comply with all united states laws, rules and other regulations applicable in connection with the product; (2) not to use the product for illegal purposes; (3) not to interfere or disrupt networks connected to the product; (4) not to use the product to infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; and (5) not to transmit through the product, through feedback or otherwise, any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. You will not attempt to gain unauthorized access to other computer systems and you will not interfere with another user's use and enjoyment of the product.
(c)
Proprietary rights. In accordance with your authorized use of the product, SWAGdirect grants you a limited license to use the plug-in solely in connection with the product offered by SWAGdirect. You acknowledge that the plug-in downloaded in connection with the product is proprietary to SWAGdirect and may be protected by copyrights, trademarks, product marks, patents or other proprietary rights and laws; therefore, you are only permitted to use this plug-in as expressly authorized by the product and these terms.
Further, SWAGdirect, SWAGdirect.com and the SWAGdirect logo, and other names, logos, icons and marks identifying SWAGdirect's products and services are trademarks of SWAGdirect and may not be used without the prior written permission of SWAGdirect. You may not copy, reproduce, distribute, lease, loan, rent, timeshare, deliver or otherwise transfer, directly or indirectly, the proprietary information granted to you (in whole or in part) or create derivative works of this plug-in without expressly being authorized to do so by SWAGdirect. All rights not expressly granted in these terms are reserved to SWAGdirect.
5. Privacy
SWAGdirect's use of any personal information you provide to it is set out in SWAGdirect's current SWAGdirect.com privacy policy.
6. Modifications
SWAGdirect may amend these terms at any time by (i) posting a revised terms of service document on http://www.SWAGdirect.com, and/or (ii) sending information regarding the terms amendment to the email address you provide to SWAGdirect. You are responsible for regularly reviewing the http://www.SWAGdirect.com site to obtain timely notice of such amendments. You manifest intent to accept these amended terms if you continue to use your membership account after such amended terms have been posted or information regarding such amendment has been sent to you. Otherwise, these terms may not be amended except in writing signed by both parties. Further, SWAGdirect reserves the right to modify or discontinue the product with or without notice to you. SWAGdirect shall not be liable to you or any third party should SWAGdirect exercise its right to modify or discontinue the product.
7. Password and security
As part of the registration process, you will use your email address as your user name and you will choose your passwords for access to this account and to your designated computers. You agree to carefully safeguard all of your passwords. You are solely responsible if you do not maintain the confidentiality of passwords and account information. Furthermore, you are solely responsible for any and all activities that occur under your account. You agree to immediately notify SWAGdirect of any unauthorized use of your account or any other breach of security known to you, including if you believe that its password or account information has been stolen or otherwise compromised.
8. Termination
SWAGdirect may immediately terminate your membership and right to use the product if (a) you breach these terms; (b) SWAGdirect is unable to verify or authenticate any information you provide to SWAGdirect; (c) such information is inaccurate; or (d) SWAGdirect decides, in its sole discretion, to discontinue offering the product. SWAGdirect shall not be liable to you or any third party for termination of the product. You may terminate this agreement with or without cause at any time, effective immediately upon written notice to SWAGdirect. Should you object to any terms and conditions of the terms or any subsequent modifications thereto or become dissatisfied with the product in any way, your sole recourse is to immediately: (a) discontinue use of the product; (b) terminate your membership; and (c) notify SWAGdirect of termination. Upon termination of membership, your right to use the product immediately ceases.
9. Disclaimer of warranties.
You expressly agree that use of the products and services is at your sole risk. This service is provided on an "as is" basis. SWAGdirect expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. SWAGdirect makes no warranty that the service will meet your requirements or that the service will be uninterrupted, timely or error free, nor does SWAGdirect make any warranty as to the results that may be obtained from the use of the service or the accuracy of any other information obtained through the service. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the service is done at your own risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. No information or advice, whether oral or written, obtained by you from SWAGdirect or through the service shall create any warranty not expressly made herein. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
10. Limitation of liability
In no event shall SWAGdirect be liable for any indirect, incidental, special or consequential damages, resulting from the use or the inability to use the service, including, but not limited to, damages for loss of profits, even if SWAGdirect has been advised of the possibility of such damages. SWAGdirect's liability to you or any third party is limited to $99. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to you.
11. Indemnity
You hereby agree, at your expense, to indemnify, defend and hold SWAGdirect harmless from and against any loss, cost, damages, liability or expense arising out of or relating to (a) a third-party claim, action or allegation of infringement based on information, data, files or other content submitted by you; (b) any fraud or manipulation, or other breach of these terms by you; or (c) any third-party claim, action or allegation brought against SWAGdirect arising out of or relating to a dispute between its users over the terms and conditions of a contract or related to the purchase and sale of any products or services.
12. General terms
These terms are governed in all respects by the laws of the state of California as such laws are applied. Both parties submit to personal jurisdiction in California and further agree that any cause of action relating to these terms shall be brought in a court in Atherton, California. If any provision of this agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. SWAGdirect's failure to act with respect to a breach by you does not waive SWAGdirect's right to act with respect to subsequent or similar breaches. You may not assign or transfer this agreement or any rights hereunder, and any attempt to the contrary is void. This agreement shall inure to the benefit of and be binding upon each party's successors and assigns. SWAGdirect shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond SWAGdirect's reasonable control. Unless otherwise provided in this agreement, any notice required or permitted to be given under this agreement shall be delivered (i) by hand; (ii) by registered or certified mail, postage prepaid and return receipt requested to the address provided by the other party, or to such other address as a party may designate by written notice in accordance with this section 12; (iii) by overnight courier or (iv) by electronic mail with confirming letter mailed under the conditions described in (ii). Notice so given shall be deemed effective when received, or if not received by reason of fault of addressee, when delivered. These terms constitute the complete and exclusive understanding and agreement of the parties relating to the subject matter hereof and supersedes all prior understandings, proposals, agreements, negotiations and discussions between the parties, whether written or oral.
Shipping
The term "shipping" or "ship" includes the commencement of shipping items in an order for multiple purchases or where the item purchased consists of components that must be shipped separately. For example, your order may consist of (1) several different items, (2) a quantity of the same item, or, (3) a single item with several component parts the size of which might require them to be shipped in separate packages. In all such orders, we endeavor to ship out individual packages together so that they arrive at the same time; however, when that is not possible, we commence shipping by shipping individual packages in the order the soonest they are available and conditions permit. In these instances, our notification to you that your order has “shipped,” marks the time when shipping has commenced; it does not mean that all items in the order have shipped at that time. SWAG product shipments will be scheduled so that your SWAG shipment lands on the first week of every month. SWAGdirect will not be held responsible for delayed shipping, errors and/or mistakes made by its freight carrier(s).
Termination of usage
We may terminate your access or suspend your right to access to all or part of the site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of another user, associates, or SWAGdirect.com. In addition, we reserve the right to refuse an order from any customer at our sole discretion. We require that all cancellations be made 30 days prior to the first day of the month. For example, to cancel your may shipment of SWAG, you must cancel your SWAGdirect subscription by april 1st.
You understand and agree that you are solely responsible for periodically reviewing the terms of service. You must report any violations of these terms. To do so, send an email to support@SWAGdirect.com for assistance.
