Terms of service

Effective Date: August 22, 2024

Welcome to SwagPath ("we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of our website, services, and products. By accessing or using SwagPath (the "Site"), you agree to be bound by these Terms. If you do not agree, do not use the Site.

1. Acceptance of Terms

By accessing the Site, you affirm that you have read, understood, and agree to be legally bound by these Terms and our Privacy Policy. If you are using the Site on behalf of an entity, you represent that you have the authority to bind that entity to these Terms.

2. Modifications to Terms

We reserve the right, at our discretion, to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on this page with a new effective date. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms.

3. Eligibility and Account Registration

  • Eligibility: This Site is intended for use by individuals aged 18 or older. By using the Site, you confirm that you meet this age requirement.
  • Account Creation: To access certain features, you may need to create an account. You agree to provide accurate, current, and complete information during registration and to update such information as necessary. You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account.

4. Use of the Site

  • Permitted Use: You are granted a limited, non-exclusive, non-transferable license to access and use the Site for your personal or internal business purposes.
  • Prohibited Conduct: You agree not to engage in any of the following prohibited activities:
    • Use the Site for any illegal purpose or in violation of any local, state, national, or international law.
    • Copy, modify, or distribute any part of the Site without our prior written consent.
    • Engage in any activity that interferes with or disrupts the Site’s functionality or security.
    • Attempt to access, scrape, or index the Site in violation of our Robots.txt or without prior authorization.

5. Products and Customization

  • Custom Orders: By submitting designs, logos, or other content ("User Content") for customization, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and distribute the User Content solely for the purpose of fulfilling your order. You represent and warrant that you own or have the necessary rights to the User Content.
  • Order Accuracy: You are responsible for ensuring the accuracy of the details provided in your order. We are not liable for errors in products resulting from inaccurate information provided by you.
  • Pricing and Payment: All prices are in USD and are subject to change without notice. Payment is due at the time of order placement. Any applicable taxes and shipping fees will be added at checkout.
  • Returns and Refunds: Customized products are non-returnable and non-refundable unless a defect is present that is attributable to us. Please refer to our Refund Policy for detailed terms.

6. Intellectual Property Rights

  • Ownership: All content on the Site, including but not limited to text, graphics, logos, and software, is owned by or licensed to SwagPath and is protected by copyright, trademark, and other intellectual property laws.
  • License: You are granted a limited, revocable license to access and use the Site for your personal or internal business use. You may not reproduce, distribute, display, or create derivative works from any content on the Site without our express written permission.

7. Privacy

Your use of the Site is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our practices.

8. Disclaimers and Limitation of Liability

  • No Warranties: The Site and all products and services provided through it are offered on an "as is" and "as available" basis, without warranties of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.
  • Limitation of Liability: To the fullest extent permitted by law, SwagPath shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to lost profits, data, use, goodwill, or other intangible losses, arising out of or related to your use of or inability to use the Site, even if we have been advised of the possibility of such damages.

9. Indemnification

You agree to indemnify, defend, and hold harmless SwagPath, its affiliates, officers, directors, employees, and agents, from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Site, including but not limited to your User Content.

10. Governing Law and Dispute Resolution

  • Governing Law: These Terms and your use of the Site shall be governed by and construed in accordance with the laws of the State of [Insert State], without regard to its conflict of laws principles.
  • Dispute Resolution: Any disputes arising out of or relating to these Terms or the Site shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, with the arbitration to be held in [Insert City, State]. You waive any right to a jury trial or to participate in a class action.

11. Miscellaneous

  • Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.
  • Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and SwagPath regarding the use of the Site.
  • Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

12. Contact Information

If you have any questions about these Terms, please contact us at:

SwagPath
support@swagpath.com
+1 (786) 390-3345