Welcome to Swhacker! By accessing this website you agree to be bound by the terms and conditions of use appearing below. Please read the following terms and conditions carefully. Your use of the services provided in www.Swhacker.com or domain or any of its subsidiaries (the "Service") are specifically conditioned upon your agreement to the terms contained in this Terms of Use Agreement (the "Agreement"). By using the Service, you are agreeing to all of the terms contained in this Agreement.
Swhacker may at any time, and without notice, modify, update, or otherwise change the terms of this Agreement, and you agree to be bound by such changes. Accordingly, we encourage you to visit the Swhacker website from time to time to review the current terms and conditions.
Any and all intellectual property rights associated with the Service and the www.Swhacker.com website and its affiliates - including without limitation any inventive concepts, know-how, publicity rights, trademarks, trade dress, trade secrets and copyrights - are the sole property of Swhacker, and may not be copied, reproduced, modified, uploaded, transmitted, or distributed in any way without Swhacker's written permission. Except as provided herein, Swhacker does not grant to you any express or implied rights to Swhacker's intellectual property. Any rights associated with content that is transmitted, downloaded, or otherwise processed by the Service shall be retained by the content owner, if any, and may be protected by applicable copyright, trademark, or other laws. For the purposes of this Agreement, the term "Content" refers to any of the various information, files, data, and media types which can be sent, received, or processed by the Service in accordance with a variety of protocols, including, without limitation, text, graphics, video, audio, streaming media, e-mail, chat, HTML, instant messaging, and the like. This Agreement gives you no rights in and to such Content. To the extent that you own any rights in Content including, but not limited to photography and or video that you provide to Swhacker in any form, you hereby grant to Swhacker a non-exclusive, irrevocable, royalty-free, paid-up license to use, copy, publish, distribute, publicly perform, publicly display, create derivative works or otherwise exploit that is provided during your use of the Service.
"Swhacker ®" is a registered trademark of Arrow Dynamics, LLC. No license to use or reproduce this trademark or other trademarks on the Service is given or implied. All other brands and product names are the trademarks of their respective owners.
You agree that Swhacker, in its sole discretion, may terminate your use of and access to all or a portion of the Service, and remove and discard any Content, photography and or video within the Service, for any reason, including, without limitation, for lack of use, or if Swhacker believes that you have violated this Agreement. You agree that any termination of your access to the Service may be effected without prior notice, and acknowledge and agree that Swhacker may immediately deactivate or delete your account and all related information, Content, or other files in your account and/or prevent any further access to such files or the Service. Further, you agree that Swhacker shall not be liable to you or any third party as a result of Swhacker's termination of your access to the Service.
In consideration for your use of the Service, you agree to provide true, current, accurate, and complete information about yourself as requested during the checkout process, testimonials, photography and or video and to update such information as may be necessary to keep it true, current, accurate, and complete. You agree that you will use the Service in a manner that complies with all applicable laws, and you acknowledge that you are solely responsible for any Content including, but not limited, to any photography and pr video that you upload, download, transmit or otherwise process using the Service.
You explicitly agree not to:
Swhacker assumes no responsibility for Content including, but no limited to, photo's, video and or testimonials that are downloaded, uploaded, stored, or otherwise processed by the Service. Accordingly, if you choose to use the Service, you do so at your own risk. For example, you acknowledge that:
IN NO EVENT SHALL Swhacker BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, SPECIAL, CONSEQUENTIAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, BUSINESS INTERRUPTION, CORRUPTION OF CONTENT, AND LOSS OR INACCURACY OF INFORMATION), ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE OR SOFTWARE, WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE AND EVEN IF Swhacker WAS ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE.
Errors in the description, photography or typographical errors are subject to correction at the sole discretion of Swhacker.
Parties other than Swhacker and its subsidiaries may operate stores, provide services, or sell product lines on the Service. Additionally, the Service may offer links to the Web sites of affiliated companies and certain other businesses. Swhacker shall not be responsible for examining or evaluating, and does not warrant the offerings of, any of these businesses or individuals or the content of their respective websites. Swhacker assumes no responsibility or liability for the actions, product, and content of all these and any other third parties. You explicitly agree to carefully review their privacy statements and other conditions of use.
By using the Service or by communicating with Swhacker electronically via e-mail, instant messenger, or by other means, you consent to receive communications from us electronically. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All items purchased from Swhacker is made pursuant to a shipment contract. The risk of loss and title for such items shall pass to you upon Swhacker's delivery to the carrier.
Swhacker attempts to be as accurate as possible with respect to product descriptions. However, Swhacker does not warrant that product descriptions or other Content of the Service is accurate, complete, reliable, current, or error-free. If a product offered by itself is not as described, your sole remedy is to return it in unused condition subject to the terms of Swhacker Return Policy.
Swhacker cannot confirm the price of an item until an order is placed. Despite our best efforts, a small number of items on the Service may be mispriced. If Swhacker discovers that an item is mispriced, Swhacker may do one of the following:
THE SERVICE COVERED UNDER THIS AGREEMENT IS PROVIDED "AS-IS" AND "AS-AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW OR OTHERWISE GOVERN THE SCOPE OF EXCLUSIONS OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY IN FULL. Swhacker AND ITS AFFILIATES DO NOT WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR VIRUS FREE.
You agree to indemnify and hold Swhacker and its vendors, service providers, subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service, any Content you submit, transmit, or download through the Service, or any violation of this Agreement or the rights of others.
Swhacker reserves the right at any time to modify, correct, or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. Swhacker may also change your priority of access to the Service with respect to other users. Swhacker makes no commitment to update the information provided by the Service.
Although Swhacker has no obligation to monitor the Content of its users, it reserves the right to monitor, retain, delete and/or disclose your Content if required to do so by law or in a good faith belief that such disclosure is reasonably necessary to comply with legal requirements, respond to claims that any Content violates the rights of third-parties, or protect the rights, property, or personal safety of Swhacker, its users, or the public.
For detailed information regarding Swhacker's use of registration data and other user information, please read our privacy policy.
This Agreement shall constitute the complete and exclusive agreement between you and Swhacker. While Swhacker reserves the right to modify this Agreement at any time, the terms and conditions contained in this Agreement may not be modified by you unless both you and an authorized representative of Swhacker execute a separate written agreement. If any provision of this License Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability of such provision or of the remaining provisions of this Agreement. This Agreement shall be subject to and construed in accordance with the laws of the State of Louisiana, without regard to conflicts of law provisions, and you hereby consent to the exclusive jurisdiction of the state and federal courts residing in the State of Louisiana. Any and all unresolved disputes arising under this Agreement shall be submitted to arbitration in the State of Louisiana. The arbitration shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. Notwithstanding the foregoing, Swhacker may obtain equitable relief in any court to protect its intellectual property.
Orders will generally be processed and ready for shipment within twenty-four (24) hours of the time the order is placed; however, we do not process or ship orders on Saturday, Sunday or holidays.
Customers will receive a confirmation email upon order completion, and a second email when the order has shipped, which will include tracking information.
All domestic orders are shipped express via FedEx 2Day, including Alaska and Hawaii. Orders placed Monday through Friday before 12 p.m. EST will be shipped on the same day. Orders placed on Saturday, Sunday or a holiday will be shipped on the next business day. FedEx 2Day delivers only on weekdays.
In the rare event your package takes longer than expected to arrive, reach out to info@swhacker.com. We'll be glad to make it right.
All international orders will be shipped via USPS Priority Mail International, where prices vary by destination.
Swhacker reserves the right to use an alternate shipping method if cost or destination warrants the need.
During the checkout process, please ensure that your order details and delivery address are accurate. Orders already in transit cannot be cancelled or rerouted and will be deemed final.
We take pride in providing only the highest quality products. To make sure that you are satisfied with the product(s) you receive, please inspect the contents of your order as soon as it arrives.
We will be happy to give you a full refund on your purchase for product that is damaged or defective when received. For items in good condition that you wish to return, we are happy to refund your order minus the cost of return shipping
.
To make a claim for a refund, contact us within ten (10) days of your receipt of the product(s) at issue. We reserve the right to limit refunds and replacements.
We are not responsible for damage or loss as a result of shipments being returned to the freight location, being undeliverable as a result of incorrect address information you’ve provided, or for inability of a recipient to receive the package on the day you specify that it should be delivered.
We guarantee delivery only to the address we are provided at checkout. If an incorrect address is given and your shipment has been processed, we will be happy to reship your order, but you will be charged for the replacement product and reshipment.
To begin your return or exchange, submit a claim on our Contact Us page. Please include your name and order number so we can quickly process your request.
This Privacy Policy describes how Swhacker.com (the “Site” or “we”) collects, uses, and discloses your Personal Information when you visit or make a purchase from the Site.
Collecting Personal Information
When you visit the Site, we collect certain information about your device, your interaction with the Site, and information necessary to process your purchases. We may also collect additional information if you contact us for customer support. In this Privacy Policy, we refer to any information that can uniquely identify an individual (including the information below) as “Personal Information”. See the list below for more information about what Personal Information we collect and why.
Device information
Order information
Customer support information
Sharing Personal Information
We share your Personal Information with service providers to help us provide our services and fulfill our contracts with you, as described above. For example:
Behavioural Advertising
As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For example:
For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work .
You can opt out of targeted advertising by:
Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/ .
Using Personal Information
We use your personal information to provide our services to you, which includes: offering products for sale, processing payments, shipping and fulfillment of your order, and keeping you up to date on new products, services, and offers.
Lawful basis
Pursuant to the General Data Protection Regulation (“GDPR”), if you are a resident of the European Economic Area (“EEA”), we process your personal information under the following lawful bases:
Retention
When you place an order through the Site, we will retain your Personal Information for our records unless and until you ask us to erase this information. For more information on your right of erasure, please see the ‘Your rights’ section below.
Automatic decision-making
If you are a resident of the EEA, you have the right to object to processing based solely on automated decision-making (which includes profiling), when that decision-making has a legal effect on you or otherwise significantly affects you.
Our processor Shopify uses limited automated decision-making to prevent fraud that does not have a legal or otherwise significant effect on you.
Services that include elements of automated decision-making include:
Your rights
GDPR
If you are a resident of the EEA, you have the right to access the Personal Information we hold about you, to port it to a new service, and to ask that your Personal Information be corrected, updated, or erased. If you would like to exercise these rights, please contact us at estsales@kellyreg.com
Your Personal Information will be initially processed in Ireland and then will be transferred outside of Europe for storage and further processing, including to Canada and the United States. For more information on how data transfers comply with the GDPR, see Shopify’s GDPR Whitepaper: https://help.shopify.com/en/manual/your-account/privacy/GDPR .
CCPA
If you are a resident of California, you have the right to access the Personal Information we hold about you (also known as the ‘Right to Know’), to port it to a new service, and to ask that your Personal Information be corrected, updated, or erased. If you would like to exercise these rights, please contact at estsales@kellyreg.com
Cookies
A cookie is a small amount of information that’s downloaded to your computer or device when you visit our Site. We use a number of different cookies, including functional, performance, advertising, and social media or content cookies. Cookies make your browsing experience better by allowing the website to remember your actions and preferences (such as login and region selection). This means you don’t have to re-enter this information each time you return to the site or browse from one page to another. Cookies also provide information on how people use the website, for instance whether it’s their first time visiting or if they are a frequent visitor.
We use the following cookies to optimize your experience on our Site and to provide our services.
Cookies Necessary for the Functioning of the Store
Name |
Function |
_ab |
Used in connection with access to admin. |
_secure_session_id |
Used in connection with navigation through a storefront. |
cart |
Used in connection with shopping cart. |
cart_sig |
Used in connection with checkout. |
cart_ts |
Used in connection with checkout. |
checkout_token |
Used in connection with checkout. |
secret |
Used in connection with checkout. |
secure_customer_sig |
Used in connection with customer login. |
storefront_digest |
Used in connection with customer login. |
_shopify_u |
Used to facilitate updating customer account information. |
Reporting and Analytics
Name |
Function |
_tracking_consent |
Tracking preferences. |
_landing_page |
Track landing pages |
_orig_referrer |
Track landing pages |
_s |
Shopify analytics. |
_shopify_fs |
Shopify analytics. |
_shopify_s |
Shopify analytics. |
_shopify_sa_p |
Shopify analytics relating to marketing & referrals. |
_shopify_sa_t |
Shopify analytics relating to marketing & referrals. |
_shopify_y |
Shopify analytics. |
_y |
Shopify analytics. |
Google Analytics Cookies
Google Analytics , a Google product that helps illuminate how people engage with the Site, uses a set of cookies to collect information and report site usage statistics without personally identifying individual visitors to Google.
‘_ga’ is the main cookie used by Google Analytics. ‘_ga’ enables a service to distinguish one user from another and lasts for 2 years. It’s used by any site that implements Google Analytics.
Managing Cookies
The length of time that a cookie remains on your computer or mobile device depends on whether it is a “persistent” or “session” cookie. Session cookies last until you stop browsing and persistent cookies last until they expire or are deleted. Most of the cookies we use are persistent and will expire between 30 minutes and two years from the date they are downloaded to your device.
You can control and manage cookies in various ways. Please keep in mind that removing or blocking cookies can negatively impact your user experience and parts of our website may no longer be fully accessible.
Most browsers automatically accept cookies, but you can choose whether or not to accept cookies through your browser controls, often found in your browser’s “Tools” or “Preferences” menu. For more information on how to modify your browser settings or how to block, manage or filter cookies can be found in your browser’s help file or through such sites as www.allaboutcookies.org .
Additionally, please note that blocking cookies may not completely prevent how we share information with third parties such as our advertising partners. To exercise your rights or opt-out of certain uses of your information by these parties, please follow the instructions in the “Behavioural Advertising” section above.
Do Not Track
Please note that because there is no consistent industry understanding of how to respond to “Do Not Track” signals, we do not alter our data collection and usage practices when we detect such a signal from your browser.
Changes
We may update this Privacy Policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal, or regulatory reasons.
Contact
For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e-mail at estsales@kellyreg.com
Last updated: 9-27-2021
Welcome to Swhacker! By accessing this website you agree to be bound by the terms and conditions of use appearing below. Please read the following terms and conditions carefully. Your use of the services provided in www.Swhacker.com or domain or any of its subsidiaries (the "Service") are specifically conditioned upon your agreement to the terms contained in this Terms of Use Agreement (the "Agreement"). By using the Service, you are agreeing to all of the terms contained in this Agreement.
MODIFICATIONS TO AGREEMENT
Swhacker may at any time, and without notice, modify, update, or otherwise change the terms of this Agreement, and you agree to be bound by such changes. Accordingly, we encourage you to visit the Swhacker website from time to time to review the current terms and conditions.
OWNERSHIP
Any and all intellectual property rights associated with the Service and the www.Swhacker.com website and its affiliates - including without limitation any inventive concepts, know-how, publicity rights, trademarks, trade dress, trade secrets and copyrights - are the sole property of Swhacker, and may not be copied, reproduced, modified, uploaded, transmitted, or distributed in any way without Swhacker's written permission. Except as provided herein, Swhacker does not grant to you any express or implied rights to Swhacker's intellectual property. Any rights associated with content that is transmitted, downloaded, or otherwise processed by the Service shall be retained by the content owner, if any, and may be protected by applicable copyright, trademark, or other laws. For the purposes of this Agreement, the term "Content" refers to any of the various information, files, data, and media types which can be sent, received, or processed by the Service in accordance with a variety of protocols, including, without limitation, text, graphics, video, audio, streaming media, e-mail, chat, HTML, instant messaging, and the like. This Agreement gives you no rights in and to such Content. To the extent that you own any rights in Content including, but not limited to photography and or video that you provide to Swhacker in any form, you hereby grant to Swhacker a non-exclusive, irrevocable, royalty-free, paid-up license to use, copy, publish, distribute, publicly perform, publicly display, create derivative works or otherwise exploit that is provided during your use of the Service.
"Swhacker ®" is a registered trademark of Arrow Dynamics, LLC. No license to use or reproduce this trademark or other trademarks on the Service is given or implied. All other brands and product names are the trademarks of their respective owners.
TERMINATION
You agree that Swhacker, in its sole discretion, may terminate your use of and access to all or a portion of the Service, and remove and discard any Content, photography and or video within the Service, for any reason, including, without limitation, for lack of use, or if Swhacker believes that you have violated this Agreement. You agree that any termination of your access to the Service may be effected without prior notice, and acknowledge and agree that Swhacker may immediately deactivate or delete your account and all related information, Content, or other files in your account and/or prevent any further access to such files or the Service. Further, you agree that Swhacker shall not be liable to you or any third party as a result of Swhacker's termination of your access to the Service.
ACCEPTABLE USE
In consideration for your use of the Service, you agree to provide true, current, accurate, and complete information about yourself as requested during the checkout process, testimonials, photography and or video and to update such information as may be necessary to keep it true, current, accurate, and complete. You agree that you will use the Service in a manner that complies with all applicable laws, and you acknowledge that you are solely responsible for any Content including, but not limited, to any photography and pr video that you upload, download, transmit or otherwise process using the Service.
You explicitly agree not to:
NO LIABILITY
Swhacker assumes no responsibility for Content including, but no limited to, photo's, video and or testimonials that are downloaded, uploaded, stored, or otherwise processed by the Service. Accordingly, if you choose to use the Service, you do so at your own risk. For example, you acknowledge that:
IN NO EVENT SHALL Swhacker BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, SPECIAL, CONSEQUENTIAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, BUSINESS INTERRUPTION, CORRUPTION OF CONTENT, AND LOSS OR INACCURACY OF INFORMATION), ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE OR SOFTWARE, WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE AND EVEN IF Swhacker WAS ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE.
Errors in the description, photography or typographical errors are subject to correction at the sole discretion of Swhacker.
THIRD PARTIES
Parties other than Swhacker and its subsidiaries may operate stores, provide services, or sell product lines on the Service. Additionally, the Service may offer links to the Web sites of affiliated companies and certain other businesses. Swhacker shall not be responsible for examining or evaluating, and does not warrant the offerings of, any of these businesses or individuals or the content of their respective websites. Swhacker assumes no responsibility or liability for the actions, product, and content of all these and any other third parties. You explicitly agree to carefully review their privacy statements and other conditions of use.
ELECTRONIC COMMUNICATIONS
By using the Service or by communicating with Swhacker electronically via e-mail, instant messenger, or by other means, you consent to receive communications from us electronically. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
RISK OF LOSS
All items purchased from Swhacker is made pursuant to a shipment contract. The risk of loss and title for such items shall pass to you upon Swhacker's delivery to the carrier.
PRODUCT DESCRIPTIONS
Swhacker attempts to be as accurate as possible with respect to product descriptions. However, Swhacker does not warrant that product descriptions or other Content of the Service is accurate, complete, reliable, current, or error-free. If a product offered by itself is not as described, your sole remedy is to return it in unused condition subject to the terms of Swhacker Return Policy.
PRICING
Swhacker cannot confirm the price of an item until an order is placed. Despite our best efforts, a small number of items on the Service may be mispriced. If Swhacker discovers that an item is mispriced, Swhacker may do one of the following:
NO WARRANTY
THE SERVICE COVERED UNDER THIS AGREEMENT IS PROVIDED "AS-IS" AND "AS-AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW OR OTHERWISE GOVERN THE SCOPE OF EXCLUSIONS OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY IN FULL. Swhacker AND ITS AFFILIATES DO NOT WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR VIRUS FREE.
INDEMNITY
You agree to indemnify and hold Swhacker and its vendors, service providers, subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service, any Content you submit, transmit, or download through the Service, or any violation of this Agreement or the rights of others.
MODIFICATIONS TO SERVICE
Swhacker reserves the right at any time to modify, correct, or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. Swhacker may also change your priority of access to the Service with respect to other users. Swhacker makes no commitment to update the information provided by the Service.
DISCLOSURE OF CONTENT
Although Swhacker has no obligation to monitor the Content of its users, it reserves the right to monitor, retain, delete and/or disclose your Content if required to do so by law or in a good faith belief that such disclosure is reasonably necessary to comply with legal requirements, respond to claims that any Content violates the rights of third-parties, or protect the rights, property, or personal safety of Swhacker, its users, or the public.
PRIVACY POLICY
For detailed information regarding Swhacker's use of registration data and other user information, please read our Privacy Policy.
MISCELLANEOUS
This Agreement shall constitute the complete and exclusive agreement between you and Swhacker. While Swhacker reserves the right to modify this Agreement at any time, the terms and conditions contained in this Agreement may not be modified by you unless both you and an authorized representative of Swhacker execute a separate written agreement. If any provision of this License Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability of such provision or of the remaining provisions of this Agreement. This Agreement shall be subject to and construed in accordance with the laws of the State of Georgia, without regard to conflicts of law provisions, and you hereby consent to the exclusive jurisdiction of the state and federal courts residing in the State of Georgia. Any and all unresolved disputes arising under this Agreement shall be submitted to arbitration in the State of Georgia. The arbitration shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. Notwithstanding the foregoing, Swhacker may obtain equitable relief in any court to protect its intellectual property.