Last Updated: January 2024
Welcome to the SWAF Web Site. This website (the “Site”) is operated by SWAF (“Company,” “we,” or “our”). The Site is made available to you conditioned on your acceptance of these terms of use (“Terms”). By accessing, viewing, or using the Site, you agree to be bound by these Terms. You should carefully read these Terms before using the Site. If you do not agree to be bound by the Terms, do not use the Site.
We reserve the right to change or update these Terms from time to time. We will give you notice of these changes by posting the revised Terms on this Site or as otherwise permitted under applicable law. Your continued use of the Site after any changes signifies that you accept the modified Terms. You should periodically review these Terms to check for changes. You can determine when these Terms were last revised by referring to the “Last Updated” legend at the top of these Terms.
AGE RESTRICTION. THE SITE IS INTENDED ONLY FOR USERS WHO ARE 21 AND OLDER. No one under the age of 21 may access the Site. If you are under 21 years old, you are not permitted to access or use the Site.
If you are at least 21 years old, you acknowledge and agree that you will not forward this Site or share content from this Site with underage persons. You must be of legal drinking age to purchase or consume any SWAF alcohol beverage products or to participate in any of our promotions/offers on this Site or otherwise.
UNITED STATES ONLY. THIS SITE IS INTENDED ONLY FOR USERS IN THE UNITED STATES. This Site is hosted in the United States and data collection through the Site will be stored and processed in the United States.
Privacy and Submissions. Any personal information you provide or submit to SWAF on or through the Site will be used by SWAF in accordance with the terms of the Privacy Notice. SWAF does not intend to accept ideas, concepts or techniques for new services or products through the Site. You acknowledge that any communication, information, or material you submit on or through the Site, such as questions, comments, ideas, feedback, requests, unsolicited proposals, materials, suggestions or the like (collectively “Submissions”) will not be treated as confidential or proprietary to you and will become SWAF’s property, and may be used by SWAF for any purpose, without notice to you and without any further consent by you.
SWAF will be under no obligation whatsoever to use, respond to, or pay any compensation with respect to any Submission. The act of providing any Submission constitutes an assignment to SWAF of all your right, title and interest, including copyright and other intellectual property rights, in the Submission.
Prohibited Submissions. You are prohibited from posting or transmitting any infringing, unlawful, threatening, defamatory, libelous, or profane material or any material that could constitute or encourage conduct that would be violate any law.
You agree that your Submissions will not depict, promote, or encourage (i) irresponsible consumption of alcohol; (ii) consumption of alcohol by anyone under the legal drinking age; or (iii) engaging in any skilled or dangerous activity while consuming alcohol.
In addition to any remedies that SWAF may have at law or in equity, if SWAF reasonably determines that you have violated or are likely to violate the foregoing prohibitions, SWAF may take any action it reasonably deems necessary. SWAF will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing SWAF to disclose the identity of anyone using the Site in an unauthorized manner or submitting or posting prohibited materials.
Restrictions on Use. The rights provided by SWAF to access and use the Site do not include any right to copy, sell or use the Site or its content for commercial use or to prepare any derivative works of the Site or its content, without the prior written permission of SWAF. The Site, or any portion of it, may not be reverse engineered, modified, copied, sold or otherwise exploited for any purpose, without the prior written permission of SWAF. You may not use any meta tags or any other “hidden text” utilizing SWAF’s name or trademarks without the prior written permission of SWAF.
You are further prohibited from using the Site or any of its content: (i) to advertise or sell any products or services; (ii) for any purpose that is unlawful or prohibited by these Terms; (iii) in any manner which could damage or disparage SWAF; (iv) in any manner that could disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site; or (v) to obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site. Tampering with the Site, misrepresenting your identity or conducting any fraudulent activities on the Site are strictly prohibited.
Monitoring. SWAF shall have the right, but no obligation, to monitor content of the Site provided by third parties to determine compliance with the Terms, any other operating rules established by SWAF for this Site or compliance with any law, regulation, or authorized government request.
Linking to Third-Party Sites. The Site may contain information regarding products and services offered by and hypertext links to sites owned or operated by parties other than SWAF (“Linked Sites”). The Linked Sites are subject to separate terms of service and privacy notices. SWAF is not responsible for examining or evaluating, and does not warrant the content or the security of those sites. SWAF does not endorse the content or any products or services available on those sites. When you access a Linked Site from this Site, you do so at your own risk. Any concerns regarding any product or service offered by a Linked Site should be directed to the operator of that specific site and not to SWAF.
Linking to the Site. Linking to any page of the Site other than to the home page through a plain text link is strictly prohibited without the prior written permission of SWAF. Any website or other device that links to the Site is prohibited from: (i) replicating any of its content; (ii) framing, mirroring or using any border around the content or the Site; (iii) implying that SWAF is associated with that website or is endorsing that website or its products; (iv) misrepresenting or misstating any facts, including its relationship with SWAF; and (v) using any logo or trademark of SWAF without express written permission from SWAF.
Disclaimer of Warranties. THE SITE AND ALL CONTENT IS SUBJECT TO CHANGE AND IS PROVIDED “AS IS” AND WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND SWAF DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, TO THE FULLEST EXTENT PERMITTED BY LAW. THE INFORMATION ON THE SITE IS FOR GENERAL INFORMATION PURPOSES ONLY AND DOES NOT CONSTITUTE ADVICE.
SWAF DOES NOT REPRESENT OR WARRANT THAT: (I) THE INFORMATION OR FEATURES PROVIDED ON THE SITE ARE ACCURATE, COMPLETE OR CURRENT; (II) THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; OR (III) ANY DEFECTS IN THE SITE WILL BE CORRECTED OR THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS. SWAF DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THE SITE OR THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE, AND IN EACH CASE, ANY REPRESENTATIONS AND WARRANTIES ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Limitation of Liability. YOUR USE OF WEB SITE IS AT YOUR OWN RISK. SWAF, ANY OF ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS OR AGENTS AND ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE OR ANY OF ITS CONTENT SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR ANYWAY IN CONNECTION WITH, THE USE OF OR THE INABILITY TO USE THE SITE, THE MATERIALS OR CONTENT ON THE SITE, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES CAUSED BY VIRUSES OR THE INCORRECTNESS OR INCOMPLETENESS OF THE CONTENT ON THE SITE (WHETHER BASED ON CONTRACT, TORT OR STRICT LIABILITY) EVEN IF SWAF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
Indemnification. You agree to indemnify, defend and hold harmless SWAF, its affiliates, and their respective employees, directors, officers, and agents from and against any and all claims, damages, and costs, arising from or related to any unauthorized use by you of the Site or any of its content, your provision of any Submission, any breach by you of these Terms and any claim that you have violated a user’s privacy rights by collecting or using information about users of the Site.
Electronic Communications. When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We may communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Governing Law/Disputes. SWAF controls and operates this Site from the state of Florida. These Terms and your use of the Site are governed by the laws of the state of Florida, without regard to conflicts of law principles. By accessing, viewing, or using this Site or of its content, you consent to the sole and exclusive jurisdiction of the federal and state courts of the State of Florida for any dispute arising in connection with this Site or its content.
General. If any part of these Terms is determined to be invalid or unenforceable, then the remainder shall continue in effect. You agree that no joint venture, partnership, employment, or agency relationship exists between you and SWAF resulting from these Terms or your access, viewing or use of the Site. Unless otherwise specified herein, these Terms constitute the entire agreement between you and SWAF with respect to the Site. These Terms apply solely to your use of the Site and shall in no way be deemed to modify the terms and conditions of any engagement or agreement between you and SWAF for products or service.
Contact Information. If you have questions or comments regarding this Site, please contact us by email at info@luvinesimports.com by phone at (844) 929-6033.
