Terms Of Use
Last Updated: 02/01/2024
AGREEMENT TO OUR LEGAL TERMS
We are Amashoppers LLC, operating under the name Swüng It ("Company," "we," "us," "our"), a registered company in Arizona, United States, located at 1846 E. Innovation Park Dr., Oro Valley, AZ 85755.
We run the website http://www.swungit.com (the "Site") and other related products and services linked to these legal terms (the "Legal Terms") (together referred to as the "Services"). You can reach us by phone at 830-264-2174, via email at swungit@amashoppers.com, or by mail at 1846 E. Innovation Park Dr., Oro Valley, AZ 85755, United States.
These Legal Terms create a legally binding agreement between you, whether as an individual or representing an entity ("you"), and Amashoppers LLC, regarding your use of and access to the Services & Products. By accessing the Services, you confirm that you have read, comprehended, and agree to abide by all of these Legal Terms.
Individuals under the age of 18 are not allowed to use or register for our online Services.
- OUR SERVICES
The information provided through the Services is not intended for distribution or use by any person or entity in any jurisdiction or country where such distribution or use would contravene the law or regulations, or subject us to any registration requirement within that jurisdiction or country. Therefore, individuals accessing the Services from other locations do so at their own initiative and are solely responsible for complying with local laws, if applicable.
Our Services do not cater to industry-specific regulations (such as the Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.). If your interactions are subject to such laws, you may not use the Services. Additionally, the Services may not be utilized in a manner violating the Gramm-Leach-Bliley Act (GLBA).
- INTELLECTUAL PROPERTY RIGHTS
We own or hold licenses for all intellectual property rights in our Services. This includes source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics within the Services (collectively referred to as the "Content"), along with the trademarks, service marks, and logos included (the "Marks").
The Content and Marks are safeguarded by copyright, trademark laws, and various other intellectual property and unfair competition laws and treaties in the United States and globally.
The Content and Marks are provided in or through the Services "AS IS" for your personal, non-commercial use, or internal business purposes only.
Your Use of Our Services
Except as outlined in this section or elsewhere in our Legal Terms, no part of the Services, including Content or Marks, may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without our express prior written permission. If you intend to use the Services, Content, or Marks beyond what is specified in this section or elsewhere in our Legal Terms, please direct your request to swungit@amashoppers.com. Should we grant permission for posting, reproducing, or publicly displaying any part of our Services or Content, you must acknowledge us as the owners or licensors of the Services, Content, or Marks and ensure the presence of any copyright or proprietary notice.
We reserve all rights not expressly granted to you in and to the Services, Content, and Marks. Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms, leading to the immediate termination of your right to use our Services.
Your Submissions and Contributions
Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submission. We shall own this Submission, entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
Contributions: The Services may invite you to contribute to blogs, message boards, online forums, etc., allowing you to post, submit, display, transmit, publish, distribute, or broadcast content and materials ("Contributions"). Any publicly posted Submission shall be treated as a Contribution. You understand that Contributions may be viewable by other users and possibly through third-party websites.
When you post Contributions, you grant us a license (including use of your name, trademarks, and logos) to use, copy, reproduce, distribute, sell, publish, broadcast, and exploit your Contributions for any purpose. This license includes our use of your name, company name, franchise name, and any trademarks, service marks, trade names, logos, and images you provide.
You are responsible for your posted content, and we may remove or edit Contributions if deemed harmful or in violation of these Legal Terms.
- USER REPRESENTATIONS
By using the Services, you represent and warrant that: (1) you have the legal capacity and agree to comply with these Legal Terms; (2) you are not a minor in your jurisdiction; (3) you will not access the Services through automated means; (4) you will not use the Services for illegal purposes; and (5) your use will not violate any applicable law.
False or incomplete information may result in the suspension or termination of your account.
- PROHIBITED ACTIVITIES
In addition to other prohibitions, you are prohibited from using the site or its content for unlawful purposes, soliciting others for illegal acts, violating regulations, infringing intellectual property rights, engaging in harmful behavior, providing false information, uploading viruses, collecting personal information, spamming, or interfering with security features. We reserve the right to terminate your use for violating these terms.
- ERRORS, INACCURACIES AND OMISSIONS
We may correct errors, inaccuracies, or omissions in product descriptions, pricing, promotions, and other information. We are not obligated to update information except as required by law.
- GUIDELINES FOR REVIEWS
When posting a review, comply with criteria like firsthand experience, avoiding offensive language, refraining from discriminatory references, and not making conclusions on legality. We may accept, reject, or remove reviews at our discretion. Reviews are not endorsed by us, and we assume no liability for them.
- THIRD-PARTY WEBSITES AND CONTENT
The Services may contain links to Third-Party Websites or Third-Party Content. We are not responsible for the content, accuracy, or policies of these sites. Your use of Third-Party Websites is at your own risk, and our Legal Terms no longer govern. Review their terms and policies, and we assume no responsibility for your purchases or losses related to Third-Party Content or Websites.
- PRIVACY POLICY
We prioritize data privacy and security. Please review our Privacy Policy at https://www.swungit.com/pages/privacy-policy. By using the Services, you agree to adhere to our Privacy Policy, integrated into these Legal Terms. Note that the Services are hosted in the United States. If you access them from a region with laws differing from those in the United States regarding personal data collection, use, or disclosure, your continued use of the Services implies the transfer of your data to the United States. You expressly consent to having your data transferred to and processed in the United States.
- COPYRIGHT INFRINGEMENTS
Respecting intellectual property rights is fundamental to us. If you believe any material on or through the Services infringes on a copyright you own or control, promptly notify us using the contact information below (a "Notification"). A copy of your Notification will be sent to the person who posted or stored the material in question. Be aware that, under applicable law, you may be held liable for damages if your Notification contains material misrepresentations. If unsure whether material on or linked to by the Services infringes your copyright, consider consulting an attorney.
- TERMINATION
Obligations and liabilities incurred before the termination date survive the termination of this agreement. These Terms of Service are effective until terminated by you or us. You may terminate them at any time by notifying us that you no longer wish to use our Services or when you cease using our site. If, in our sole judgment, you fail to comply with any term or provision of these Terms of Service, we may terminate this agreement without notice, and you remain liable for amounts due up to the termination date. We may deny you access to our Services accordingly.
- MODIFICATIONS AND INTERRUPTIONS
We retain the right to change, modify, or remove the contents of the Services/Products at our sole discretion without notice. However, we are not obligated to update any information. We are not liable for any modification, price change, suspension, or discontinuance of the Services. While we strive for continuous availability, we may experience issues requiring maintenance, resulting in interruptions, delays, or errors. We may change, revise, update, suspend, discontinue, or modify the Services without notice. You agree that we have no liability for any loss, damage, or inconvenience caused by your inability to access or use the Services during downtime. Nothing in these Legal Terms obligates us to maintain and support the Services or provide corrections, updates, or releases.
- GOVERNING LAW
These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of Arizona. They apply to agreements made and entirely performed within the State of Arizona, without regard to its conflict of law principles.
- CHANGES TO SERVICE AND PRICES
Product prices may change without notice. We can modify or end the Service at any time, with no liability to you or any third party for any changes, suspensions, or stoppages.
- BILLING ACCURACY AND ACCOUNT INFORMATION
We can refuse any order and limit or cancel purchases at our discretion. You're responsible for providing accurate account and purchase info. Check our Returns Policy for more details.
- RESOLVING DISPUTES
In case of a dispute, both you and Swüng It must provide a Notice of Dispute, a written statement including the party's name, address, contact information, facts giving rise to the dispute, and the relief requested. Any Notice of Dispute should be sent via email to: swungit@amashippers.com. Attempting to resolve the dispute through informal negotiation is the initial step, with a sixty (60) days negotiation period. After this period, arbitration may commence.
Binding Arbitration
If informal negotiation fails, any further attempt to resolve the dispute will be exclusively conducted through binding arbitration, as described in this section. You waive the right to litigate disputes in court. The arbitration will follow the commercial arbitration rules of the American Arbitration Association, taking place in Pima County, Arizona. The arbitrator's award will be final and binding, with no appeal except as permitted by Arizona law. Interim injunctive relief may be sought from a court of competent jurisdiction. Legal costs for the prevailing party will be borne by the non-prevailing party.
Prohibition of Class and Representative Actions and Non-Individual Actions
Claims may only be brought on an individual basis, and not as part of a class or representative action or proceeding unless both parties agree otherwise. The arbitrator may not consolidate or join multiple claims and may only award relief to the individual party seeking relief.
- ANTI-BRIBERY AND EXPORT COMPLIANCE
You cannot use the Services against the law. Don't export the Services to restricted destinations without U.S. government authorization.
Top of Form
- DISCLAIMER
Information Accuracy:
There might be errors or omissions in the Services, such as typos, inaccuracies, or missing details in descriptions, pricing, and availability. We can correct or update this information anytime without notice.
Disclaimer of Service Warranties:
The Services are provided "as-is" and "as-available." Your use is at your own risk. We disclaim all warranties, including merchantability, fitness for a particular purpose, and non-infringement. We aren't responsible for errors, injuries, unauthorized access, interruptions, bugs, or any harm resulting from the Services. We don't endorse third-party products or services, and we're not responsible for transactions between you and third-party providers.
- LIMITATIONS OF LIABILITY
: We and our team won't be liable for any direct, indirect, or consequential damages, including lost profits or data, arising from your use of our products.
- INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Services; (3) breach of these Legal Terms; (4) any breach of your representations and warranties set forth in these Legal Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
- USER DATA
We will maintain certain data that you transmit to us for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
- ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
- MISCELLANEOUS
These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.
- CONTACT US
In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:
Amashoppers LLC
1846 E. Innovation Park Dr. Oro Valley , AZ 85755
United States
Phone: 8302642174 swungit@amashoppers.com