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Rev. 12-19-24 1-2-25
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY. THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS AND CONDITIONS. YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS SITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH SWICKARDPROTECTION.COM, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
These terms and conditions (these “Terms”) apply to the purchase and sale of products and services through swickardprotection.com (the “Website” or “Site”). These Terms are subject to change by swickardprotection.com (referred to as “us,” “we,” or “our” as the context may require) without prior written notice at any time, in our sole discretion. Any changes to the Terms will be in effect as of the “Last Updated Date” referenced on the site. You should review these Terms prior to purchasing any product or services that are available through the Site. Your continued use of this Site after the “Last Updated Date” will constitute your acceptance of and agreement to such changes. These Terms are an integral part of the Website Terms of Use that apply generally to the use of our Site. You should also carefully review our Privacy Policy before placing an order for products or services through this Site (see Section 9).
(a) Prices posted on this Site may be different than prices offered by us on other websites. All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email and/or in your account profile. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or other applicable charges. All such taxes and charges will be added to your order total and will be itemized in your shopping cart and in your order confirmation email and/or your account profile. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
(b) We may offer promotions on the Site from time-to-time that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern
(c) Terms of payment are within our sole discretion and, unless otherwise agreed to by us in writing, payment must be received by us before our acceptance of an order. We accept certain credit cards for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order.
We do not provide or administer the products or services offered on our Site. The availability of products or services through our Site does not indicate an affiliation with or endorsement of any product, contract, service, or provider or administrator. Accordingly, we do not provide any warranties with respect to the products, contracts, or services offered on our Site.
IN ADDITION TO THOSE DISCLAIMERS ON WARRANTIES AND LIMITATIONS ON LIABILITY SET FORTH IN OUR TERMS OF USE WHICH ARE INCORPORATED HEREIN BY REFERENCE, PLEASE BE ADVISED THAT ALL PRODUCTS AND SERVICES OFFERED ON THIS SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU. YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE PROVIDER OR ADMINISTRATOR’S FAILURE TO HONOR ITS OBLIGATIONS TO YOU.
IN ADDITION TO THE DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON LIABILITY SET FORTH IN OUR TERMS OF USE WHICH ARE INCORPORATED HEREIN BY REFERENCE, IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR SITE.
The limitation of liability set forth above shall: (i) only apply to the extent permitted by law and not apply to (a) liability resulting from our gross negligence or willful misconduct and (b) death or bodily injury resulting from our acts or omissions.
You represent and warrant that you are buying products or services from the site for your own personal or household use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within the US.
We respect your privacy and are committed to protecting it. Our Privacy Policy governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site.
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
This Site is operated from the United States. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of New Jersey without giving effect to any choice or conflict of law provision or rule (whether of the State of New Jersey or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of New Jersey.
(a) As used in this Arbitration Provision (“Arbitration Provision”), the terms “you” and “your” shall include your heirs, survivors, assigns, and representatives. “You” and “us are each a “Party” and together, the “Parties” under this Arbitration Provision.
(b) We ask that you contact one of our customer service representatives regarding any questions, concerns, or disputes that you may have so that we may resolve them as soon as possible.
(c) If you seek to initiate arbitration or a legal claim, as further detailed below, you must first attempt to resolve any dispute through informal negotiation by sending notice of your dispute to swickardprotection.com with a description of the nature and basis for the dispute and the specific relief sought, at least thirty (30) days prior to taking further action. Please send all notices to support@swickardprotection.com.
THE PARTIES AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO ANY CLAIM ARISING FROM OR RELATING TO YOUR USE OF THIS WEBSITE. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS, AND DISPUTES RELATING TO THE VALIDITY, SCOPE, INTERPRETATION, AND ENFORCEABILITY OF THIS ARBITRATION PROVISION) BETWEEN THE PARTIES ARISING FROM OR RELATING IN ANY WAY TO YOUR USE OF THIS SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION BEFORE A SINGLE ARBITRATOR.
To initiate arbitration, you must submit written notice of your intent to arbitrate a claim no later than ninety (90) days following the date of the action, omission, or determination you are disputing. Specifically, you must mail a written demand for arbitration describing the nature of the dispute and the relief sought to swickardprotection.com, Attn: Legal Department at 199 Pomeroy Road, Parsippany, NJ 07054. Along with the arbitration demand, you must submit a filing fee of $200.00, which we shall hold in escrow until the arbitrator is selected. The Parties will select a mutually acceptable arbitrator from a roster of arbitrators registered and in good standing with the American Arbitration Association (AAA) or JAMS, or another recognized arbitration association in the United States who is willing to accept the fee structure described herein.
The Parties agree to arbitrate any disputes via a video conference or similar technology that can accommodate taking of live testimony and introducing documents and/or other supporting evidence. You have a right to be represented by counsel during the arbitration.
We will propose three (3) qualified arbitrators and you will have a right to select the arbitrator. Once selected, the arbitrator must disclose to the Parties any conflicts of interest and agree to abide by the applicable Code of Ethics for arbitrators. You can object to the appointment of the selected arbitrator based on the disclosed conflicts and select an alternative arbitrator from the list by submitting such request in writing within seven (7) days of receiving the list of proposed arbitrators.
Once the arbitrator is appointed, your demand for arbitration along with the filing fee shall be submitted to the arbitrator. We shall provide a written response, along with a filing fee of $400.00 to the arbitrator within fifteen (15) days of appointment. The combined filing fee of $600.00 will cover the arbitrator’s fee to review the submissions prior to the hearing, to include one (1) preliminary conference not to exceed one (1) hour. If the dispute proceeds to arbitration, the arbitrator will be compensated by way of an additional flat fee of $1,500.00, which covers one (1) preliminary conference (not to exceed one (1) hour), one day of hearing conducted remotely via a video conference or functionally similar digital platform (not to exceed four (4) hours), and one final award.
The arbitrator shall apply substantive law of New Jersey, without regard to the conflict of law rules thereof, and the applicable statute of limitations. The arbitrator shall provide written, reasoned findings of fact and conclusions of law. The award shall address all open issues, finally resolve the dispute, and allow the Parties to proceed without any uncertainty as to its meaning.
The arbitrator may award any remedy or relief the arbitrator deems proper, except punitive, consequential, special, or exemplary damages. It is understood and agreed that the arbitration shall be binding upon the Parties and that an arbitration award may not be set aside in later litigation, except upon the limited circumstances set forth in the Federal Arbitration Act (“FAA”), 9 U.S.C. §10. Except to the extent necessary to confirm an award or as may be required by law, neither the Parties nor the arbitrator are allowed to disclose the arbitration award or the information exchanged in the context of arbitration without the prior written consent of all Parties.
Except for the filing fee disclosed above and the costs you may incur to present your case, the cost of the arbitration, including the arbitrator’s fee, shall be borne by us.
This Arbitration Provision shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of any product or service purchased through the website.
The Parties agree that (i) no arbitration proceeding hereunder whether shall be certified as a class action, proceed as a class action, or involve claims brought in a representative capacity, and (ii) no arbitration proceeding hereunder shall be consolidated with, or joined in any way with, any other arbitration proceeding.
YOU AGREE TO ADJUDICATE DISPUTES ON AN INDIVIDUAL BASIS AND WAIVE THE RIGHT TO PARTICIPATE IN A CLASS OR COLLECTIVE ACTION.
Limitation on Time to File Claims.
ANY ARBITRATION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH ARBITRATION PROCEEDING, CAUSE OF ACTION, OR CLAIM IS PERMANENTLY BARRED.
You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
(a) To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to your account or to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
(b) To Us. To give us notice under these Terms, you must contact us as follows: (i) by email to support@swickardprotection.com; or (ii) by personal delivery, overnight courier, or registered or certified mail to 199 Pomeroy Road, Parsippany, NJ 07054. We may update the email or address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by email or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
The unenforceability, invalidity, or illegality of any provision of these Terms shall not render the other provisions unenforceable, invalid, or illegal, and the remaining provisions shall remain in full force and effect.
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