TERMS OF USE

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. By using this Website, you signify your consent to these terms of use. If you do not agree to these terms of use, please do not use this Website. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of this Website following the posting of changes to these terms (including our Privacy Statement), subject to our procedures for material changes to our Online Privacy Statement will mean you accept those changes.

RESTRICTIONS ON USE OF MATERIALS

This Website is owned and operated by SWIVEX™ INC., its subsidiaries, or its affiliates (referred to as "SWIVEX" "we," "us," or "our" herein). Except as otherwise permitted by these Terms of Use, no material from this Website or any Website owned, operated, licensed or controlled by SWIVEX may be modified, copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may print one hard copy or download one copy of the materials on any single computer for your personal, noncommercial home use, provided you keep intact all copyright and other proprietary notices. Use of the materials for any other purpose, modification of the materials, or use of the materials on any other website or networked computer environment is strictly prohibited. Absolutely no framing of this Website is permitted without the prior written consent of SWIVEX. Except as expressly stated in this legal notice, no right or license to the materials, or any portion thereof, shall be granted or implied.

ACCOUNTS

You may be required to create an account and specify a password to use certain features on our Website. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by the registration processes. You may not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person's username, password, or other account information.

You are entirely responsible for maintaining the confidentiality of your password and your account, and you are entirely responsible for all activity made by you or anyone that uses your account. You agree to safeguard your password from access by others. If you believe that your account has been compromised, you must immediately contact us by e-mail at customercare. You agree to indemnify and hold harmless SWIVEX for losses incurred by SWIVEX or another party due to someone else using your account as a result of your failure to use reasonable care to safeguard your password.

CONTENT POSTED BY OTHER USERS

SWIVEX is not responsible for, and does not endorse, Content in any posting made by other users on the Website. Under no circumstances shall SWIVEX be held liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to you in connection with any Content posted by a third party on the Website. If you become aware of misuse of the Website by any person, please contact SWIVEX by e-mail at customercare. If you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately.

USE OF WEBSITE

Impersonation of others, including an SWIVEX employee or representative, as well as another user is prohibited.

You may not without the prior written permission of SWIVEX, use any computer code, data mining software, "robot", "bot", "spider", "scraper" or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the web pages, data or content found on this Website or accessed through this Website. You may not engage in the mass downloading of files from this Website; use the computer processing power of this Website for purposes other than those permitted above; or flood this Website with electronic traffic designed to slow or stop its operation. You may not establish links to or from other websites to this Website without the prior written consent of SWIVEX.

ACTIVITIES PROHIBITED ON THE WEBSITE

The following is a partial list of the kinds of conduct that are illegal or prohibited on the Website. SWIVEX reserves the right to investigate and take appropriate legal action against anyone who, in SWIVEX's sole discretion, engages in any of the prohibited activities.

Prohibited activities include — but are not limited to — the following:

  • Using the Website for any purpose in violation of local, state, or federal laws or regulations;
  • Harvesting or otherwise collecting information about others, including e-mail addresses, without their consent;
  • Harassing, threatening, stalking, or abusing any person;
  • Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Website, or which, in the sole discretion of SWIVEX, exposes SWIVEX or any of its customers, suppliers, or any other parties to any liability or detriment of any type; or
  • Encouraging other people to engage in any prohibited activities as described herein.

SWIVEX reserves the right — but is not obligated — to do any or all of the following:

  • Terminate a user's access to the Website upon any breach of these Terms of Use;

THIRD-PARTY COPYRIGHTS

If you believe any Content on the Website infringes your copyright, you may request removal of such Content (or access thereto) from this web Website by contacting SWIVEX as set forth below and providing the following information:

  • Identification of the copyrighted work that you believe to be infringed. Please describe the work and, where possible, include a copy or the location (e.g., URL) of an authorized version of the work.
  • Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
  • Your name, address, telephone number, and e-mail address.
  • A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
  • A signature or the electronic equivalent from the copyright holder or authorized representative.

Send this information by mail to:

SWIVEX, INC
c/o Law Department
25 Crescent Drive #159
Pleasant Hill, CA 94523

In an effort to protect the rights of copyright owners, SWIVEX maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Website who are repeat infringers.

INTELLECTUAL PROPERTY

All content included on this Website, such as text, graphics, code, logos, button icons, images, audio clips, videos and software, and the compilation of such content (i.e. collection, arrangement and assembly) is the exclusive property of SWIVEX or its suppliers and is protected by U.S. and other copyright laws and international treaties. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on this Website is strictly prohibited.
SWIVEX is a registered trademark of SWIVEX, LLC. All other product names contained in this Website are trademarks or registered trademarks of their respective owners. The use or misuse of these trademarks except as expressly authorized is prohibited. SWIVEX enforces its intellectual property rights to the fullest extent of the law. If you have questions concerning the legal notices stated above, you may contact SWIVEX, LLC, Law Department, 25 Crescent Drive #159, Pleasant Hill, CA 94523

WARRANTY DISCLAIMER

This Website and the materials, and products on this Website are provided "as is" and without warranties of any kind, either expressed or implied. To the fullest extent permissible pursuant to applicable law, SWIVEX disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. SWIVEX does not represent or warrant that the functions contained in the Website will be uninterrupted or error-free, that defects will be corrected, or that this Website or the server that makes it available are free of viruses or other harmful components. SWIVEX does not warrant or make any representations regarding the use or the results of the use of the materials in this Website in terms of their correctness, accuracy, reliability or otherwise. You (and not SWIVEX) assume the entire cost of all necessary servicing, repair or correction. Some states do not permit limitations or exclusions of implied warranties, so the above limitations may not apply to you.

LIMITATION OF LIABILITY

Under no circumstances, including, but not limited to, negligence, shall SWIVEX be liable for any direct, indirect, punitive, incidental, special or consequential damages that result from the use of or the inability to use this Website or the performance of the Widgets or products, even if SWIVEX or authorized representatives of Foot Locker have been advised of the possibility of such damages. Some states do not permit limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall SWIVEX's total liability to you for damages, losses and causes of action (whether in contract, negligence or otherwise) exceed the amount paid by you, if any, for accessing this Website.

INDEMNIFICATION

As a condition of use of this Website, you agree to indemnify, defend, and hold harmless SWIVEX, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against any and all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from your use of this Website, including any claims alleging facts that if true would constitute a violation of these terms or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Website using your account.

TYPOGRAPHICAL ERRORS

In the event that a product sold is mistakenly listed at an incorrect price, SWIVEX reserves the right to refuse or cancel any orders placed for the product listed at the incorrect price, 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 cancelled, SWIVEX shall issue a credit to your credit card account.

NOTICE FOR CALIFORNIA USERS

Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted by telephone at (800) 952-5210.

OTHER

These terms shall be governed by and construed in accordance with the laws of the state of California, U.S.A., without giving effect to any principles of conflicts of law, and expressly not by the United Nations Convention on Contracts for the International Sales of Goods. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in California County and you hereby consent and submit to the personal jurisdiction of such courts. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. SWIVEX's failure to insist upon or enforce strict performance of any provision of these terms shall not be construed as a waiver of any provision or right. This is the entire agreement between us relating to the subject matter herein and shall not be modified except as described herein.

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