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Terms of Use

Thank you for visiting www.swingjuice.com. We have prepared these Terms of Use (the “Terms”) to ensure that you understand your rights and obligations in using our website at www.swingjuice.com (the “Site”).  Swing Juice LLC (“Swing Juice”) provides this Site as a service to its customers and potential customers (“You” or “User”).  Please review the following Terms that govern your use of the Site. Please note that your use of the Site constitutes your agreement to follow and be legally bound by these Terms. If you do not agree to these Terms, please do not use the Site. Although you may "bookmark" a particular portion of the Web Site and thereby bypass these Terms, your continued use of the Site indicates your continued acceptance of these Terms and your acknowledgement that you are still bound to the Terms. Since Swing Juice may revise these Terms at any time, you should visit this page periodically to review the Terms that govern your use of the Site. Should you have any questions concerning these Terms of any of our policies, please contact us atlegal@swingjuice.com.

Legal Information / Use of the Web Site

The Web Site is owned and operated by Swing Juice LLC having a mailing address of 560 MINERAL Spring Avenue Pawtucket RI 02860.
Unless otherwise noted, all content posted on the Site is subject to the following:
Copyright © 2019 by Swing Juice LLC
SWING JUICE ® and SWINGJUICE.COM ® are federally registered trademarks and service marks owned exclusively by Swing Juice.

Usage Restrictions and Intellectual Property

All of the content you see and hear on the Site, including, for example, all of the page headers, images, navigational buttons, illustrations, graphics, photography, audio clips, video clips, and text are subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses owned exclusively by Swing Juice, one of its affiliates or by third parties who have licensed their materials to Swing Juice. The entire content of the Site is subject to copyrights exclusively owned by Swing Juice under U.S. copyright law. Moreover, Swing Juice is the exclusive owner of all right, title and interest in and to the federally registered trademarks SWING JUICE and SWINGJUICE.COM.

The contents of the Site as a whole are intended solely for your personal, noncommercial use. Any use of the Site and/or any of the content posted on the Site for any purpose other than personal and noncommercial is prohibited without the express prior written permission of Swing Juice. You agree that you will not reproduce, publish, publicly display, publicly perform, modify, adapt, sell, distribute, transmit or otherwise use any of the materials or other content posted on the Site for any commercial purpose. While Swing Juice grants a limited, non-exclusive, restricted, non-transferable, non-sublicenseable, revocable license allowing you to download or electronically copy and print any of the content displayed on the Site strictly and solely for your personal, noncommercial use, Swing Juice shall at all times be the exclusive owner of all right, title and interest in and to said content, including any and all intellectual property rights therein.

You agree that you will not access or use the Site in any manner that could damage, disable, impair or cause undue burden on the Site and/or its host, servers, network, systems or other users. You agree that you will not attempt to interfere in any way with operation of the Site, that you will not transmit any virus or worm to the Site, that you will not use any spider, robot or any other automated mechanism to access the Site and/or its servers or systems, and that you will not engage in flooding, spamming, mail-bombing, crashing or otherwise sending unsolicited e-mail to other users of the Site. You further agree that you will not attempt to access data that is not intended for your use, that you will not attempt to log on to a server or account that you are not authorized to access, and that you will not probe, scan or test the vulnerability of any system or network related in any way to the Site without prior express written authorization from Swing Juice.

User Comments, Feedback, Postcards & Other Submissions

Except for submission of Member Content as described below, Swing Juice shall be the exclusive owner of all right, title and interest in and to any and all comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to Swing Juice on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the "Comments"), including any and all intellectual property rights therein. Such disclosure, submission or offer of any Comments shall constitute an assignment to Swing Juice of all right, title and interest worldwide in and to said Comments and Swing Juice shall accordingly not be limited in any way in its use, commercial or otherwise, of any Comments. Swing Juice is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay any user any compensation for any Comments; or (3) to respond to any user Comments.  You agree that no Comments submitted by you to the Site will violate any right of any third-party including, without limitation, copyright, trademark, privacy or other personal, intellectual property or proprietary rights(s) of any third-party. You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You agree that you are and shall remain solely responsible for the content of any Comments you make, post, disclose and/or submit via the Site.

Copyright Policy for the Web Site

You agree that you will not post, modify, distribute, transmit, reproduce, publicly display, publicly perform or use in any way any copyrighted material, trademarks, or other proprietary material or information belonging to any third-party on the Site without obtaining the prior written consent of the owner the rights in and to such proprietary material or information. It is the policy of Swing Juice to terminate the privileges of any user of the Site or member who infringes the copyright rights of others upon receipt of prompt notification to Swing Juice by the copyright owner or the copyright owner’s legal agent.

DMCA Notice & Take-down Procedure

Without limiting the foregoing, if you believe that your work has been copied and posted on the Site in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:

(i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

(ii) a description of the copyrighted work that you claim has been infringed;

(iii) a description of where the material that you claim is infringing is located on the Site;

(iv) your address, telephone number, and e-mail address;

(v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law, including the law of fair use; and

(vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

The Copyright Agent for Swing Juice for notice of claims of copyright infringement is DMCA Designated Agent who can be reached as follows:
By e-mail at RNail@lockelord.com
By mail at Robert E. Nail, Esq., Locke Lord LLP, 2200 Ross Avenue, Suite 2800, Dallas, Texas 75201.

IMPORTANTPLEASE NOTE:

YOUR E-MAIL MUST BE WRITTEN IN ENGLISH AND MUST HAVE THE FOLLOWING SUBJECT LINE:“DMCA NOTICE OF INFRINGEMENT”

IF YOUR E-MAIL DOES NOT HAVE THIS SUBJECT LINE AND/OR IS NOT WRITTEN IN ENGLISH, YOUR E-MAIL WILL NOT BE READ BY OUR DMCA DESIGNATED AGENT.

Additional Rules Governing Content Posted by Users on the Web Site

Member Content

As stated above, Comments submitted to the Website shall be owned by Swing Juice. However, Swing Juice does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, other works of authorship, or any other materials that you post to the Site (collectively, “Member Content”). After posting your Member Content to the Site, you continue to retain your ownership rights in such Member Content, and you continue to have the right to use your Member Content in any way you choose. By displaying or posting any Member Content on or through the Site, you hereby grant to Swing Juice an irrevocable, fully-paid and royalty-free, non-exclusive, sublicensable, limited license to modify, publicly perform, publicly display, reproduce, distribute, transmit and otherwise use such Member Content solely on and through the Site, iOS app, mobile website, emails and social channels.

The license you grant to Swing Juice is non-exclusive (meaning you are free to license your Member Content to anyone else in addition to Swing Juice), fully-paid and royalty-free (meaning that Swing Juice is not required to pay you for the use of the Member Content that you post), sublicensable. The license does not grant to Swing Juice the right to sell your Member Content.

You represent and warrant that: (i) you own the Member Content posted by you on or through the Site or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Member Content on or through the Site does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to be responsible for compensation of any and all royalties, fees, and any other monies owing to any person or entity by reason of any Member Content posted by you to or through the Site.

Content posted by Swing Juice on the Site (“Swing Juice Content”) is protected by copyright, trademark, patent, trade secret and other applicable intellectual property laws, and Swing Juice owns and retains all rights in Swing Juice Content and on the Site. Swing Juice hereby grants to you a limited, revocable, non-sublicensable, royalty-free license to reproduce and display Swing Juice Content (excluding any software code) solely for your personal use in connection with viewing the Site.

The Site contains Member Content, Swing Juice Content and content licensed by Swing Juice from third parties (“Licensed Content”). You may not copy, modify, translate, publish, broadcast, transmit, distribute, publicly perform, publicly display, or sell any Swing Juice Content or Licensed Content appearing on or through the Site. Swing Juice may edit and/or delete any Member Content posted on the Site that, in the sole judgment and discretion of Swing Juice, is undesirable, violates these Terms and/or the purposes of the Site and/or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person or entity. Swing Juice assumes no responsibility for monitoring the Site or for inappropriate Member Content or conduct. If at any time Swing Juice chooses, in its sole discretion, to monitor the Site, Swing Juice nonetheless assumes no responsibility for the Member Content, no obligation to modify or remove any inappropriate Member Content, and no responsibility for the conduct of the user submitting any such Member Content.

You are solely responsible for the Member Content that you post on or through the Site, and any material or information that you transmit to users of the Site and for your interactions with other users. Swing Juice does not endorse and has no control over any Member Content. Member Content is not necessarily reviewed by Swing Juice. Direct prior to posting and does not necessarily reflect the opinions or policies of Swing Juice.

Content/Activity Prohibited

The following is a partial list of the kind of Member Content that is illegal and/or prohibited to post on or through the Site. Swing Juice reserves the right to investigate and take appropriate legal action against anyone who, in the sole discretion of Swing Juice, violates this provision, including without limitation, removing the offending communication from the Site and terminating the membership of such violators. Prohibited Member Content includes, but is not limited to Member Content that, in the sole discretion of Swing Juice: is patently offensive and/or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; criticizes any business or individual; harasses or advocates harassment of another person or entity; exploits any person in a sexual or violent manner; contains nudity, violence, or offensive subject matter or contains a link to an adult website; solicits personal information from anyone under the age of 13; promotes information that the member knows is false or misleading and/or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; promotes an illegal or unauthorized copy of another person’s or entity’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”; contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page); furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; solicits passwords or personal identifying information for commercial or unlawful purposes from users of the Site; involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; or includes a photograph of another person that you have posted without that person’s consent.

Certain activities as set forth below are prohibited on the Site. Swing Juice reserves the right to investigate and take appropriate legal action against anyone who, in the sole discretion of Swing Juice, violates this provision, including without limitation, reporting violators to law enforcement authorities. Prohibited activity includes, but is not limited to the following:  criminal activity, including, but not limited to, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, trademark infringement, copyright infringement, patent infringement, or theft of trade secrets; any automated use of the system, such as using scripts to add friends or send comments or messages; interfering with, disrupting, or creating an undue burden on the Web Site or the networks or services connected to the Site; attempting to impersonate another user of the Site, another member, or any other person; using the account, username, or password of another member at any time or disclosing your password to any third party or permitting any third party to access your account; selling or otherwise transferring your profile, without permission from Swing Juice; using any information obtained from the Site in order to harass, abuse, or harm any person or entity; or displaying an advertisement on your profile, or accepting payment or anything of value from a third person or entity in exchange for your performing any commercial activity on or through the Site  on behalf of that person or entity, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, or sending private messages with a commercial purpose.

Product Colors

We have made our best reasonable effort to display as accurately as possible the colors of the products shown on the Site. However, because the specific colors you see on the Site will depend on the resolution and color settings of your particular computer monitor and/or mobile device screen, we cannot guarantee that your monitor and/or mobile device screen display of any color shown on the Site will be accurate with respect to the actual color of one or more products displayed or depicted on the Site.

Correction of Errors & Inaccuracies

We endeavor to present the most recent, most accurate and most reliable information on the Site at all times. However, the information may contain typographical errors or inaccuracies and may not be complete or current. Swing Juice therefore reserves the right to correct any errors, inaccuracies or omissions and to change and update information at any time without prior notice (including after you have submitted your order). We apologize for any inconvenience this may cause you. If you are not fully satisfied with your Swing Juice purchase you may return it with the original Swing Juice packing receipt.

Please see our Retail Customer Return Policy.

Typographical Errors

In the event a Swing Juice catalog product is listed at an incorrect price due to typographical error or systems error, Swing Juice shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Swing Juice shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged.

Term & Termination

Terms are applicable to you upon your accessing the Site and/or completing the registration or shopping process. These Terms, or any of them, may be terminated by Swing Juice without notice at any time for any reason. Provisions relating to Copyrights, Trademark, and Miscellaneous, shall survive any termination.

Notice

Swing Juice may deliver notice to you by means of electronic mail, a general notice on the Web Site, or by written communication delivered by first class U.S. mail to your address on record in Swing Juice account information.

Enforcement of Terms

By accessing and using the Site, you agree that your access to and use of the Site is subject to these Terms, as governed and interpreted pursuant to the laws of the United States of America, including federal copyright and trademark laws, along with the laws of the State of Delaware.

Use of the Web Site

Harassment in any manner or form on the Site, including via e-mail and/or chat, and any use of obscene or abusive language is strictly forbidden. Impersonation of others, including a Swing Juice or other licensed employee, host, or representative as well as other users or visitors on the Web Site is prohibited. You may not upload to, distribute, or otherwise publish through the Site any content that is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable that may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law. You may not upload commercial content on the Site or use the Site to solicit others to join or become members of any other commercial online service or organization.

Indemnification

You agree to indemnify, defend, and hold harmless Swing Juice, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorney’s fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

Third Party Files 

Swing Juice may choose various third-party websites to link to from its own site. However, even if a third-party is affiliated with Swing Juice, Swing Juice has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Swing Juice. Swing Juice shall have no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such websites. These linked sites are only for your convenience and therefore you access them at your own risk. The foregoing notwithstanding, Swing Juice seeks to protect the integrity of its website and the links placed upon it and therefore requests any feedback on not only its Site, but for websites it links to as well (including if a specific link does not work).

DISCLAIMER

THIS SITE AND THE MATERIALS AND PRODUCTS IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SWING JUICE DISCLAIMS WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SWING JUICE DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SWING JUICE DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

SWING JUICE SHALL NOT BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE OR THE PERFORMANCE OF THE PRODUCTS, EVEN IF SWING JUICE HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

If you are purchasing Swing Juice products with a credit card, you agree that, upon acceptance by Swing Juice of your order, Swing Juice may charge your credit card for the full cost of your order plus shipping.  You further agree that risk of loss on products you order will shift to you upon Swing Juice’s delivery of those products to a carrier at Swing Juice’s distribution or fulfillment center, and that you will pay shipping costs from Swing Juice’s distribution or fulfillment center to you.

You agree that you will not make sales of Swing Juice items on Amazon, Poshmark, eBay, iOffer, Yahoo, auction sites, kiosks, swap meets, flea markets or discount stores. Swing Juice products can only be offered on a website owned by the party submitting the order.  You also agree not to use any logos, trademarks, and/or photographic images from the Site as they are subject to proprietary copyrights exclusively owned by Swing Juice.

Payment terms can be granted by account or by order. Order submission confirms you agree to abide by your terms for payment on your order as it applies to payment due dates and payment method. Overdue accounts are subject to late payment charges of 1.5% per month, which is an annual percentage rate of 18%.

Damage requests must be made within 10 calendar days of merchandise receipt to be considered for replacement or refund.

Cancellations must be made within 5 calendar days of order submission in writing or via email. Cancellations made after 5 calendar days will not be honored.

Returns will only be accepted with a written Return Authorization (RA) and RAs are valid for 14 days from the issued date. Refunds will be credited once the merchandise is received in warehouse.  Returns sent without a valid RA will be refused. Bounced shipments will be subject to a 25% restocking fee of the total purchase amount including shipping.

Special Admonitions for International Use of the Web Site

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and to provide only acceptable Member Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

Privacy & Security.  Use of the Web Site is also governed by our Privacy and Security Policy, located on the Site and incorporated into these Terms by clicking here.

Arbitration Agreement

The Swing Juice Arbitration Agreement can be accessed by clicking here.

Binding Nature

Your use of the Site constitutes your acceptance of these Terms and your continued use confirms that acceptance.

No Waiver

Any failure of Swing Juice to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.

Headings

The section titles in these Terms are for convenience only and have no legal or contractual effect.

Severability

If one or more of the provisions of these Terms are deemed unlawful, void or unenforceable, the remainder of these Terms shall be unaffected and shall continue to be fully valid, binding and enforceable.

Entire Understanding

These Terms constitute the entire agreement between you and Swing Juice regarding the use of the Site.

Wholesale Customers

If you are interested to buy our products in larger quantities please contact us via email wholesale@swingjuice.com

Last Updated: June 27, 2019

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