TERMS & CONDITIONS OF USE

Welcome to www.swoonkink.com. Swoonkink.com provides its services to you subject to the following conditions. Please take a few minutes to review these Conditions. These are Terms and Conditions concerning your use of the SwoonKink website. By accessing and using this website, you agree to be bound by the following Terms and Conditions. If you do not agree with any of these Terms and Conditions, do not use the SwoonKink website.

SHIPPING & DELIVERY 
The risk of loss and title for all merchandise ordered on this website pass to you when the merchandise is delivered to the shipping carrier. SwoonKink uses the United States Postal Service (USPS) as its carrier. USA shipping & handling rates are based upon weight of each individual package/items and the postage cost for the service you select.

The United States Postal Service (USPS) will NOT require a signature for delivery unless you request signature confirmation at the time you place your order. For more information on USPS shipping procedures, please visit www.usps.com

BILLING INFORMATION TERMS AND CONDITIONS

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card and/or orders that use the same billing and /or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

YOUR ACCOUNT 
For purposes of identification, billing and marketing, you agree to provide SwoonKink with current, accurate, complete, and updated information required by the registration for online ordering, including your legal name, address and You agree to notify SwoonKink immediately of any changes in your registration data. Proceeding with the registration process indicates your intent to comply with this term.

DELIVERY OF NOTIFICATION 
You may receive e-mail notification of the delivery of invoices and shipment of products at the e-mail address provided in your registration. It is your responsibility as a user to maintain accurate records of these invoices and e-mails and accurate updates of changes to your e-mail address. You further acknowledge that there may be system failures that may limit your ability to use the Web site services and you agree that you will react accordingly when the website system once again becomes available. Your acceptance of these Terms and Conditions constitutes the acceptance of web delivery of invoices and notifications in lieu of any other submission from SwoonKink and failure to receive any other form of this data is not defensible grounds for non-payment of monies due from you to SwoonKink. 

ELECTRONIC COMMUNICATIONS 
When you visit this Web site, you are communicating to us electronically. You consent to receive communications from SwoonKink electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirements that such communications be in writing. 

COOKIES & PRIVACY

We do not share or sell any of your contact information.

Cookies are small text files sent from a website and stored in a user's web browser while a user is browsing a website. When the user browses the same website in the future, the data stored in the cookie can be retrieved by the website to notify the website of the user's previous activity, thereby distinguishing the user from others using the site.

We use cookies to help you navigate our website efficiently and to perform certain functions, including site traffic analysis. Cookies may also recognize you on your next log-in and offer you content tailored to your preferences and interests. We can store cookies on your device if they are strictly necessary for the operation of this site. For all other types of cookies, we need your permission.

How we use cookies

- Necessary cookies help make a website usable by enabling basic functions like page navigation and access to secure areas of the website. The website cannot function properly without these cookies.

- Preference cookies enable a website to remember information that changes the way the website behaves or looks, like your preferred language or the region that you are in.

- Statistics cookies help website owners to understand how visitors interact with websites by collecting and reporting information anonymously.

Please note that by deleting or disabling cookies, your user experience may be affected and you might not be able to take advantage of certain functions of our website, which will decrease the quality of your user experience.

If you wish to restrict or block all the cookies which are set by our website (which may prevent you from using certain parts of the site), or any other website, you can do this through your browser settings. The Help function within your browser should tell you how.

LICENSE AND SITE ACCESS 
SwoonKink grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of SwoonKink. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without express written consent of SwoonKink. You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of SwoonKink without express written consent. You may not use any meta tags or any other ““hidden text”” utilizing SwoonKink’s name or trademarks without the express written consent of SwoonKink. Any unauthorized use terminates the permission or license granted by SwoonKink. You are granted a limited, revocable and nonexclusive right to create a hyperlink to the home page of SwoonKink so long as the link does not portray SwoonKink, its affiliates or their products or services in a false, misleading, derogatory or otherwise offensive manner. You may not use any of SwoonKink’s logos or other proprietary graphics or trademarks as part of the link without express written permission. 

SwoonKink reserves the right, in its sole discretion, without any obligation and without any notice requirement, to change, improve or correct the information, materials and descriptions on this website and to suspend and/or deny access to this website for scheduled or unscheduled maintenance, upgrades, improvements or corrections. The information and materials on this website may contain typographical errors or inaccuracies. Any dated information is published as of its date only, and SwoonKink does not undertake any obligation or responsibility to update or amend any such information. 

COPYRIGHT 
All content included on this site, such as text, graphics, logos, button icons, images, illustrations, page headers audio clips, video clips, digital downloads, data compilations and software is the property of SwoonKink or its content suppliers and is protected by U.S. and international copyright laws. The collection, compilation, assembly and arrangement of all content on this site is the exclusive property of SwoonKink and is protected by U.S. and international copyright laws. 

TRADEMARKS

SwoonKink and other marks indicated on our site from time to time are trademarks of SwoonKink in the U.S. or other jurisdictions. This list is not exhaustive and the absence of a mark from this list should not be viewed as a waiver by SwoonKink of any of its rights concerning that mark. Other SwoonKink product or service names, logos, graphics, page headers, button icons and scripts are trademarks or trade dress of SwoonKink and may not be used in connection with any product or service that is not SwoonKink’s in any manner, but especially that which is likely to cause confusion in the marketplace or in any matter that disparages or discredits SwoonKink. All other trademarks not owned by SwoonKink that appear on this site are the property of their respective owners who may or may not be affiliated with or connected to SwoonKink. You are not permitted to use any mark displayed on this site for any purpose without the prior written consent of the owner. 

OTHER BUSINESSES / EXTERNAL LINKS / THIRD PARTY LINKS 
SwoonKink may provide links to the sites of affiliated companies and certain other businesses. Regardless of whether they are an approved affiliate or business partner, SwoonKink, and its subsidiaries are not responsible for examining or evaluating and does not endorse or warrant the offerings of, any of these businesses, affiliates or individuals or the content of their Web sites. SwoonKink does not assume any responsibility or liability for the actions, product, and content of all these, including affiliates and any other third parties. Your dealings with them are strictly between you and them and you should carefully review their privacy statements and other conditions of use.  SwoonKink will not be liable for any loss or damages arising out of any dealings or transactions that may occur.

No linking to this website is permitted without prior written authorization from SwoonKink.

DISCLAIMER OF WARRANTY, LIMITATION OF LIABILITY  & INDEMNITY OF SWOON, LLC
THE INFORMATION, AND SERVICES ON THIS WEB SITE ARE PROVIDED ON AN "AS IS," AND "AS AVAILABLE" BASIS. SWOONKINK MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEB SITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THIS WEB SITE OR YOUR USE OF THIS WEB SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEB SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, SWOONKINK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THIS WEB SITE INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND USE. 

NEITHER SWOONKINK, NOR ANY OF ITS AFFILIATES, DIRECTORS, OFFICERS EMPLOYEES, OR THIRD PARTY VENDORS, WILL BE LIABLE OR HAVE ANY RESPONSIBILITY OF ANY KIND FOR ANY LOSS OR DAMAGE THAT YOU INCUR IN THE EVENT OF ANY FAILURE OR INTERRUPTION OF THIS WEB SITE, OR RESULTING FROM THE ACT OR OMISSION OF ANY OTHER PARTY INVOLVED IN MAKING THIS WEB SITE, THE DATA CONTAINED HEREIN OR THE PRODUCTS OR SERVICES OFFERED ON THIS WEB SITE AVAILABLE TO YOU, OR FROM ANY OTHER CAUSE RELATING TO YOUR ACCESS TO, INABILITY TO ACCESS, OR USE OF THE WEB SITE OR THESE MATERIALS, WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF SWOONKINK OR OF ANY OR ITS VENDORS PROVIDING SOFTWARE OR SERVICES. IN NO EVENT WILL SWOONKINK OR ANY SUCH PARTIES BE LIABLE TO YOU, WHETHER IN CONTRACT OR TORT, FOR ANY DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR ANY OTHER DAMAGES OF ANY KIND, EVEN IF SWOONKINK OR ANY OTHER SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. 

SWOONKINK DOES NOT WARRANT THAT THIS WEB SITE IS FREE FROM THE TRANSMISSION OF ANY VIRUSES WHICH MAY INFECT A USER'S EQUIPMENT, OR THAT THERE WILL BE NO FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS (E.G., YOU CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER), UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE. SWOONKINK CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE WEB SITE. 

SWOONKINK MAKES NO REPRESENTATION THAT CONTENT PROVIDED ON THIS WEBSITE IS APPLICABLE OR APPROPRIATE FOR USE OUTSIDE OF THE UNITED STATES 

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MIGHT HAVE ADDITIONAL RIGHTS. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF SWOONKINK UNDER SUCH CIRCUMSTANCES FOR LIABILITIES WHICH OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED $100. 

You agree to indemnify and hold Swoon LLC, SwoonKink, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, vendors, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of your Submissions; your third party event, website or organization; your misuse of the Website; your violation of the Terms of Use; your breach of any of the representations and warranties herein; or your violation of any rights of another.  The foregoing indemnification provision shall not apply to Swoon LLC’s and/or SwoonKink's own negligence or intentional conduct.

ONLINE SERVICES 
To the extent you utilize SwoonKink website, you acknowledge that there is no guarantee that communications or transactions conducted online will be secure. You further acknowledge that there may be system failures that may limit your ability to use the online services. You agree to assume all risk and liability arising from your use of SwoonKink website, including the risk of breach in the security of the communications or transactions you conduct with or through SwoonKink website. SWOONKINK’S WEB SITE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND USE. 

APPLICABLE LAW 
By visiting SwoonKink website, you agree that the laws of the State of Minnesota, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that may arise between you and SwoonKink or its affiliates. You agree that any dispute relating in any way to your visit to this website shall be submitted to any state or federal court in the State of Minnesota, and you consent to exclusive jurisdiction and venue in such courts. 

SITE POLICIES, MODIFICATIONS, AND SEVERABILITY 
Please review our other policies, such as those relating to Privacy, which are posted on this site. These policies also govern your visit to this web site. We may make changes to our site, policies and these Terms and Conditions at any time, so you should review the policies and these Terms and Conditions each time you visit the site. If any of these Terms and Conditions shall be deemed invalid, void or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. You also may be subject to additional terms and conditions contained in our invoices or purchase orders or terms and conditions that may apply when you use affiliate services. The failure of SwoonKink to exercise or enforce any right or provision shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the site must be filed within six (6) months after such claim arose or be forever barred.

THESE TERMS AND CONDITIONS OF USE MAY CHANGE 
SwoonKink reserves the right to update or modify these Terms and Conditions of Use at any time without prior notice. Your use of this website following any such change constitutes your agreement to follow and be bound by the Terms and Conditions of Use as changed. For this reason, we encourage you to review these Terms and Conditions of Use whenever you use the www.swoonkink.com website.