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Terms of Service

IMPORTANT:

BY USING OR MAKING PURCHASE THROUGH THIS WEBSITE (HTTP://WWW.SWAYETEA.OCOM), YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS. PLEASE READ THEM CAREFULLY BEFORE YOU USE OR MAKING ANY PURCHASES. DO NOT USE THIS WEBSITE OR MAKE ANY PURCHASE THROUGH THIS SITE IF YOU DO NOT ACCEPT ALL THE TERMS AND CONDITIONS OF THIS SITE.

GENERAL:

This AGREEMENT is binding between AI & SH LLC dba Swaye’ LLC and YOU

ELIGIBILITY:

AI & SH LLC dba Swaye’ LLC  services is available only to legal entities and persons who are at least eighteen (18) years old and are otherwise capable of forming legally binding contracts under applicable law.

USE OF THIS WEBSITE

To access or use the Website, you must be 18 years or older and have the requisite power and authority to enter into these Terms.

We grant you permission to use the Website subject to the restrictions in these Terms. Your use of the Website is at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.

WEBSITE AVAILABILITY

The Website may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.

INTELLECTUAL PROPERTY

You agree that we own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world associated with this Website, which are protected by copyright, trade name, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the content posted in this website in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Website and the website content are retained by us.

ORDER AND DELIVERY

You agree to provide us with the correct required information and warrant that the provided information is correct and complete during the time of order.  Goods ordered are for your own personal use and not for resale. Upon order, you may be required to provide an email address and password. It is your duty and responsibility to keep safety of your account.

Delivery of your purchased item may very per user location. AI & SH LLC dba Swaye’ may employ third party provider to ensure the delivery of goods and services in the time frame selected. You hereby agree that AI & SH LLC dba Swaye’ is not liable for any loss cause to you by late delivery.

PAYMENT

Any fees which the AI & SH LLC dba Swaye’, may charge you for the use of our Services, are due immediately and are non-refundable. This no refund policy shall apply at all times regardless of your decision to terminate your usage, our decision to terminate your usage, disruption caused to our Service either planned, accidental or intentional, or any reason whatsoever. AI & SH LLC dba Swaye’ reserves the right to determine final prevailing pricing.  In addition to the amount due, delinquent accounts and/or charge-backs will be charged with fees and/or charges that are incidental to the collection of delinquent accounts and/or charge-backs including, but not limited to, collection fees and/or convenience fees and/or other third parties charges. You hereby explicitly agree that all communication in relation to delinquent accounts will be made by electronic mail or by phone, as provided to the AI & SH LLC dba Swaye’ by you.

CREDIT CARD CHARGES AND CREDIT CARD FRAUD PENALTIES

You hereby warrant that you are over 18 years of age, not subject to the Child Online Privacy Law, of legal age to enter into contractual agreements in the state in which he is present when he makes this purchase, and is the true and authorized owner of the credit card used to make this purchase. Anyone who violates any of these requirements may be liable for civil or criminal prosecution and agrees to pay liquidated damages of an amount the equivalent of US $10,000 per fraudulent transaction, plus actual damages, and agrees that all information collected by this website may be used for prosecution and may be turned over to law enforcement agencies or to credit card companies and merchant service providers.

If the true and/or authorized owner of the credit card attempts to commit fraud upon AI & SH LLC dba Swaye’ , you authorizes each and every credit card company or merchant service provider to disclose to the AI & SH LLC dba Swaye’ all information that could be construed as proof of credit card fraud.

Anyone who attempts to perpetrate a fraud upon AI & SH LLC dba Swaye’ involving the use of a credit card herewith gives authorization for the AI & SH LLC dba Swaye’ to access all credit information about You from credit reporting agencies and also authorizes AI & SH LLC dba Swaye’ to discover all relevant information from any source about the fraudulent practices and to reveal such information to credit reporting agencies, credit card companies, merchant service providers, and law enforcement agencies.

You agree that if you uses trickery to receive more than one refund, or if he causes a fraudulent dispute claim that results in a charge-back against AI & SH LLC dba Swaye’, that the AI & SH LLC dba Swaye’ is authorized to re-charge to your credit card that was used for the original purchase to the extent that will make AI & SH LLC dba Swaye’ whole. You agrees to, in addition to actual damages, pay to the AI & SH LLC dba Swaye’ liquidated damages of an amount equivalent to US $10,000 for every separate fraudulent action You commit.

LIMITATION OF LIABILITY

YOUR SOLE REMEDIES: THE REMEDIES SET OUT IN THIS CONDITIONS ARE YOUR SOLE AND EXCLUSIVE REMEDIES FOR NON-CONFORMITY OF OR WITH REGARD TO THE SERVICES RENDERED.

MAXIMUM LIABILITY: NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS & CONDITIONS, OUR MAXIMUM CUMULATIVE LIABILITY TO YOU OR TO ANY OTHER PARTY FOR ALL LOSSES UNDER, ARISING OUT OF OR RELATING TO THE SERVICES RENDERED UNDER EACH CUSTOMER/CLIENT, WILL NOT EXCEED THE SUMS THAT YOU HAVE PAID TO SWAYE UNDER SUCH CUSTOMER CONTRACT.

EXCLUSION OF LIABILITY: AI & SH LLC dba SWAYE’ INDEMNITIES SHALL NOT BE LIABLE TO YOU FOR ANY LOSSES WHATSOEVER OR HOWSOEVER CAUSED (REGARDLESS OF THE FORM OF ACTION) ARISING DIRECTLY OR INDIRECTLY IN CONNECTION WITH: (I) AMOUNTS DUE FROM OTHER USERS OF THE PLATFORM IN CONNECTION WITH THE PURCHASE OF ANY PRODUCT; (II) THE SALE OF THE PRODUCTS TO YOU, OR ITS USE OR RESALE BY YOU; AND (III) ANY DEFECT ARISING FROM FAIR WEAR AND TEAR, WILLFUL DAMAGE, MISUSE, NEGLIGENCE, ACCIDENT, ABNORMAL STORAGE AND OR WORKING CONDITIONS, ALTERATION OR MODIFICATION OF THE PRODUCTS OR FAILURE TO COMPLY WITH AI & SH LLC dba SWAYE’S INSTRUCTIONS ON THE USE OF THE PRODUCTS (WHETHER ORAL OR WRITTEN).

STATUTE OF LIMITATIONS

Regardless of any statute or laws to the contrary, you must file any claim or cause of action arising out or related to the Website within (1) one year after such claim or cause of action arose or be forever barred. This section shall survive termination of this AGREEMENT

ENTIRE AGREEMENT

If any provision of this Agreement is adjudged by a court to be void or unenforceable such provision shall no way affect any other provision of this Agreement, the application of the provision in any other circumstances or the validity or enforceability of this Agreement and such provision shall be curtailed and limited only to the extent necessary to bring it within legal requirement.

You have read, fully understood all the terms and conditions of this agreement

These terms and conditions constitute the entire agreement between YOU and AI & SH LLC dba SWAYE’ in relation to your purchase through this Site. No additional provisions are expressed nor implied. This AGREEMENT supersedes any all previous oral and/or written, express and/or implied agreements. By postings any materials, YOU HAVE READ AND FULLY UNDERSTOOD THIS AGREEMENT and ACCEPTS ALL TERMS, CONDITIONS, COVENANTS AND RESTRICTIONS, and WITHOUT EXCEPTION.

CHANGES TO THE TERMS OF SERVICE

We may revise this Terms and Conditions from time to time. The most current version of the Terms and Conditions will govern the use of this website and this will be published here. By continuing to access or use the Service after those changes become effective, you agree to the revised Terms and Conditions. You should revisit these Terms on a regular basis as revised versions will be binding on you. Any such modification will be effective upon our posting of new Terms. You understand and agree that your continued access to or use of the Site after the effective date of modifications to the Terms indicates your acceptance of the modifications.

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