PLEASE READ THESE TERMS AND
CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO
BE BOUND BY THESE TERMS AND CONDITIONS AND ALL TERMS, POLICIES AND GUIDELINES
INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, PLEASE DO
NOT USE THIS WEBSITE.
These terms and conditions
of use (“Site Terms”) apply exclusively to your access to, and use of, ARCIS
LLC’s ("Swipe”) website at www.swipeswipe.com (the "Site").
These Site Terms do not alter in any way the terms or conditions of any other
agreement you may have with Swipe, or its subsidiaries or affiliates, for
products, services or otherwise. If you are using the Site on behalf of any
entity, you represent and warrant that you are authorized to accept these Site
Terms on such entity's behalf, and that such entity agrees to indemnify you and
Swipe for violations of these Site Terms.
Swipe reserves the right to
change or modify these Site Terms and/or any policy or guideline of the Site at
any time in its sole discretion. Any changes or modifications will be effective
immediately upon posting of the revisions on the Site, and you waive any right
you may have to receive specific notice of such changes or modifications. Your
continued use of the Site following the posting of changes or modifications
will confirm your acceptance of such changes or modifications. Therefore, you
should frequently review the Site Terms and applicable policies on the Site to
understand the terms and conditions that apply to your use of the Site. If you
do not agree to the amended terms, you must stop using the Site.
Copyright and Trademark
Unless otherwise specified,
all materials appearing on this site, including the text, site design, logos,
graphics, icons, and images, as well as the selection, assembly and arrangement
thereof, are the sole property of ARCIS LLC, Copyright © 2011, ALL RIGHTS
RESERVED. You may use the content of this site only for the purpose of shopping
on this site or placing an order on this site and for no other purpose. No
materials from this site may be copied, reproduced, modified, republished,
uploaded, posted, transmitted, or distributed in any form or by any means
without our prior written permission. All rights not expressly granted herein
are reserved. Any unauthorized use of the materials appearing on this site may
violate copyright, trademark and other applicable laws and could result in
criminal or civil penalties.
We accept the following
credit cards: Visa, MasterCard, American Express, and Discover. There is no
surcharge for using your credit card to make purchases. Please be sure to
provide your exact billing address and telephone number (i.e. the address and
phone number your credit card bank has on file for you). Incorrect information
will cause a delay in processing your order.
This site may contain links
to other sites on the Internet that are owned and operated by third parties.
You acknowledge that we're not responsible for the operation of or content
located on or through any such site.
Multiple Product Orders
For a multiple product
order, we will make every attempt to ship all products contained in the order
at the same time. Products that are unavailable at the time of shipping will be
shipped as they become available, unless you inform us otherwise. You will only
be charged for shipping at the rate quoted to you on your purchase receipt. The
entirety of this shipping charge may be applied to the first product(s) shipped
on a multiple shipment order.
Order Acceptance Policy
Your receipt of an
electronic or other form of order confirmation does not signify our acceptance
of your order, nor does it constitute confirmation of our offer to sell. Swipe
reserves the right at any time after receipt of your order to accept or decline
your order for any reason or to supply less than the quantity you ordered of
These Conditions will
supersede any terms and/or conditions you include with any purchase order,
regardless of whether Swipe signs them or not. We reserve the right to make
changes to this site and these Conditions at any time.
We will ship your product as
it becomes available. Usually, products ship the same day if ordered by 1:00PM
PT, or by the next business day if your order is received after this time and
for orders received on Saturday, Sunday or any major holiday. However, there
may be times when the product you have ordered is out-of-stock which will delay
fulfilling your order. We will keep you informed of any products that you have
ordered that are out-of-stock and unavailable for immediate shipment. You may
cancel your order at any time prior to shipping.
Shipping Time -- Most orders
received before 1:00PM PT will ship the same day, provided the product ordered
is in stock. Most orders received after 1:00 PM PT will ship the next business
day. Orders are not processed or shipped on Saturday or Sunday, except by prior
arrangement. We cannot guarantee when an order will arrive. Consider any
shipping or transit time offered to you by Swipe or other parties only as an
estimate. We encourage you to order in a timely fashion to avoid delays caused
by shipping or product availability.
Swipe shall automatically
charge and withhold the applicable sales tax for orders to be delivered to
addresses within the same state. For orders shipped to other states, you are
solely responsible for all sales taxes or other taxes.
In the event a product is
listed at an incorrect price Swipe shall have the right to refuse or cancel any
orders placed for product listed at the incorrect price. Swipe shall have the right to refuse or cancel
any such orders whether or not the order has been confirmed and your credit
card charged. If your credit card has already been charged for the purchase and
your order is canceled, Swipe shall immediately issue a credit to your credit
card account in the amount of the incorrect price.
You agree to defend,
indemnify and hold harmless Swipe, its parent companies, subsidiaries, and
affiliates and each of their respective independent contractors, service
providers, consultants, directors, members, employees, agents, agencies, and
professional advisors (individually and together, the " Swipe Parties"),
from and against any claims, damages, costs, liabilities and expenses
(including, but not limited to, reasonable attorneys' fees) arising out of or
related to any content you post, store or otherwise transmit on or through the
Site (including, without limitation, and User Content and Submissions) or your
use of or inability to use the Site (including, without limitation, the
Interactive Areas), including without limitation any actual or threatened suit,
demand or claim made against the Swipe Parties, arising out of or relating to
the user content, your conduct, your violation of these Site Terms or any other
Swipe terms, policies or agreements available on or through the Site, or your
violation of the rights of any third party.
EXCEPT AS EXPRESSLY PROVIDED
TO THE CONTRARY IN WRITING BY SWIPE, THE SITE, THE SITE MATERIALS CONTAINED
THEREIN AND THE SERVICES PROVIDED ON OR IN CONNECTION THEREWITH (THE
"SERVICES") ARE PROVIDED ON AN "AS IS" BASIS WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. SWIPE DISCLAIMS ALL OTHER
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT AND MATERIALS IN THE SITE. SWIPE
DOES NOT REPRESENT OR WARRANT THAT THE SITE MATERIALS OR THE SERVICES ARE
ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. SWIPE DOES NOT REPRESENT
OR WARRANT THAT THE SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. SWIPE IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR
OFFLINE, OF ANY USER OF THE SITE OR THE SERVICE, AND YOU ARE SOLELY RESPONSIBLE
FOR YOUR INTERACTIONS WITH OTHER USERS. PRODUCT REVIEWS AND COMMENTS ARE
STRICTLY THE OPINION OF THE USER POSTING SUCH REVIEWS OR COMMENTS, AND SWIPE
DOES NOT ENDORSE OR APPROVE AND SUCH REVIEWS OR COMMENTS.
SWIPE IS NOT RESPONSIBLE FOR
TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY.
WHILE SWIPE ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITE AND THE SERVICES
SAFE, SWIPE CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS
SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU
SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM
Swipe reserves the right to
change any and all content contained in the Site and any Services offered
through the Site at any time without notice. Reference to any third-party
products, services, processes or other information, by trade name, trademark, manufacturer,
supplier or otherwise does not constitute or imply endorsement, sponsorship or
recommendation thereof, or any affiliation therewith, by Swipe.
Limitation Of Liability
IN NO EVENT SHALL SWIPE OR
ANY SWIPE PARTIES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL
DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF
USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT
(INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN
ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITE, THE SERVICES,
THE SITE MATERIALS OR OTHER MATERIALS OR INFORMATION CONTAINED IN OR ACCESSED
THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR
RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM SWIPE, OR THAT
RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL,
ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF
PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE,
THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO SWIPE’S RECORDS, PROGRAMS OR
SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF SWIPE, WHETHER IN
CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR
IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF
OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE EXCEED ANY COMPENSATION
YOU PAY, IF ANY, TO SWIPE FOR ACCESS TO OR USE OF THE SITE.
Applicable Law And Venue
These Site Terms and your
use of the Site shall be governed by and construed in accordance with the laws
of the State of California, applicable to agreements made and to be entirely
performed within the State of California, without resort to its conflict of law
Notwithstanding any of these
Site Terms, Swipe reserves the right, without notice and in its sole
discretion, to terminate your license to use the Site, and to block or prevent
your future access to and use of the Site.
If any provision of these
Site Terms shall be deemed unlawful, void or for any reason unenforceable, then
that provision shall be deemed severable from these Site Terms and shall not
affect the validity and enforceability of any remaining provisions.