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TERMS OF USE AGREEMENT

The use of this site is governed by the policies, terms and conditions set forth below. Please read them carefully. Your use of this site indicates your acceptance of these terms and conditions. Your placement of an order indicates your acceptance of these terms and conditions. Your submittal of any purchase order to Swell indicates acceptance of these terms and conditions. These terms and conditions shall supersede any subsequent terms or conditions included with any purchase order, whether or not such terms or conditions are signed by Swell. Swell reserves the right to make changes to this site and these terms and conditions at any time.

Copyright and Trademark Notice
This site is owned and operated by Swell. 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 Swell, Copyright © 2000-2004, ALL RIGHTS RESERVED. All software used on the site is the sole property of Swell or those supplying the software. 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 Swell 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.

Swell is a registered trademark, trademarks or service marks of Swell Commerce, Inc. All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of Swell Commerce, Inc. All other trademarks or service marks are property of their respective owners. The use of any Swell trademark or service mark without Swell's express written consent is strictly prohibited.

Disclaimer and Limitation of Liability as to Products Sold
All of Swell's products are guaranteed against defects for 30 days from the date of the invoice. Except as expressly stated herein, Swell makes no representations or warranties, either express or implied, of any kind with respect to products sold on the Swell site. Except as expressly stated herein, Swell expressly disclaims all warranties, express or implied, of any kind with respect to products sold on this site, including but not limited to, merchantability and fitness for a particular purpose. You agree that the sole and exclusive maximum liability to Swell arising from any product sold on the Swell website shall be the price of the product ordered. In no event shall Swell, its directors, officers, employees or other representatives be liable for special, indirect, consequential, or punitive damages related to product sold.

Disclaimer and Limitation of Liability as to the Swell Websites
The Swell website and the materials therein are provided "as is". Swell makes no representations or warranties, either expressed or implied, of any kind with respect to the Swell sites, their operations, contents, information, materials or year 2000 compliance. Swell expressly disclaims all warranties, express or implied, of any kind with respect to the sites or their use, including but not limited to merchantability and fitness for a particular purpose. You agree that Swell, its directors, officers, employees or other representatives shall not be liable for damages arising from the operation, content or use of the Swell sites. You agree that this limitation of liability is comprehensive and applies to all damages of any kind, including without limitation direct, indirect, compensatory, special, incidental, punitive and consequential damages.

Typographical Errors
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, Swell shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Swell 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, Swell shall immediately issue a credit to your credit card account in the amount of the charge.

Links
This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that Swell is not responsible for the operation of or content located on or through any such site.

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. Swell reserves the right at any time after receipt of your order to accept or decline your order for any reason. Swell reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. All orders placed must obtain pre-approval with an acceptable method of payment, as established by our credit and fraud avoidance department. We may require additional verifications or information before accepting any order. Swell is a reseller to end user customers and does not accept orders from dealers, exporters, wholesalers, or other customers who intend to resell the products offered by Swell.

Sales Taxes
Swell shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within California. Each customer shall be solely responsible for all sales taxes, or other taxes, on orders shipped to any other state. Orders shipping to international addresses will be charged the applicable taxes and duties.

Jurisdiction and Venue
You agree that any legal action brought against Swell shall be governed by the laws of the State of California without regard to its conflict of law principles. You agree that the sole jurisdiction and venue for any litigation arising from your use of or orders made on the Swell sites shall be an appropriate federal or state court located in Orange County California.


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