These Terms constitute a binding agreement between you and Swaive Corporation (“Swaive”), and are deemed accepted by you and Swaive. Your access to or use of the Swaive Website indicates your acceptance to these Terms. If you do not accept the Terms stated here, do not use the Swaive Website. Swaive reserves the right to revise these Terms at any time, at its sole discretion, by posting an updated version to this Web page. You should visit this page periodically to review the most current Terms, because they are binding on you. If you purchase and/or use the Swaive Software Application or any Swaive Product, additional terms apply and can be found here.
- “Swaive Product(s)” mean and refer to any products purchased from Swaive or through the Swaive Websites.
- “Swaive Software Application(s)” or “App(s)” mean and refer to the Swaive iPhone software application, available for download from Apple, Inc. and the Swaive Android software application, available for download from Google, Inc.
- “You,” “Your,” and “User” mean and refer to all individuals and/or entities who are accessing or using the Websites, App, or Swaive Products for any reason.
Notice of Beta Testing Phase
Please take note that the Website is currently in its beta phase and undergoing beta testing. The purpose of this beta phase is to obtain feedback and perform testing on the Website’s features and performance, and to identify any defects or inconsistencies in its functionality. Swaive will determine the length and scope of its beta phase, and has sole control as to who may access and use the Website.
During this beta phase, Swaive may make regular changes to the Website and App, and that at times, stability, functionality, and reliability may not be optimal. As a beta user, You therefore recognize that there may be times where You encounter problems such as loss of data, crashes, or other errors. You acknowledge such risks and will not hold Swaive or any of its agents, employees, or other individuals associated with Swaive liable for any consequences that may arise through the use of the Website and App.
You agree and warrant that You will not use the Website in a manner that is illegal or otherwise inconsistent with the Terms. In addition, You will not use the Website in a manner that Swaive deems objectionable. Swaive reserves the right to restrict, suspend, or terminate Your access to the Website without notice for any reason.
You agree that You will only access the Website through the interfaces provided. You agree not to reverse-engineer or otherwise hack the Website, take any actions that damage the Website or its security, or interfere with other users’ use of the Website.
Purchases Through Website
Swaive shall deliver the Swaive Products once purchased to the place of delivery designated by the customer. If the customer chooses to accept any type of express courier services for shipping, then any additional shipping fees will be paid by the customer.
Please note that if involving international orders, customs and import duties may also be applied and will likely vary from country to country. Shipping laws also vary from country to country, and it is your responsibility to check with Your local customs office for details and to verify whether the country to which You are shipping permits the shipment of Your products.
Except where otherwise noted, the list price displayed for any Swaive Product represents the full price, that does not include taxes or shipping of the product. Despite our best efforts, a small number of items in our catalog may be mispriced.
Refunds and Exchanges
Swaive does not take title to returned or refunded items until the item arrives at the Swaive headquarters. You may return and refund any Swaive Product if unopened, unused, and in the original condition within thirty (30) days of shipment. All shipping costs for returns and exchanges will be at the buyer’s expense. Returns beyond the thirty (30) day period will be accepted at Swaive’s sole discretion. Swaive cannot accept returned Swaive Products that have been previously used, unless those products are faulty. We recommend You use a shipping method that is traceable and insured to protect Your shipment.
Please note that Swaive is not related to Apple, Inc. or Google, Inc., and Swaive has no affiliation with Apple, Inc. or Google, Inc.
The Website is protected under patent, copyright, trademark, and/or other laws. The Websites and all Website contents are the property of Swaive or its licensors. The compilation, collection, arrangement, or assembly of all content on the Website is the exclusive property of Swaive and protected as well.
Unauthorized use of the Website may violate these laws and/or applicable communication regulations and statutes, and is strictly prohibited. You must preserve all patent, copyright, trademark, service mark, and/or other proprietary notices contained in the original Website on any authorized copy You make of the Website or parts of the Website. Any code or software code that Swaive creates to generate or display any Websites are also protected by Swaive’s copyrights and You may not copy or adapt such code.
TO THE FULLEST EXTENT POSSIBLE BY LAW, Swaive DOES NOT WARRANT THAT ANY WEBSITE OR ANY Swaive PRODUCT WILL OPERATE ERROR-FREE OR THAT ANY WEBSITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF ANY WEBSITE RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA OR ANY OTHER COSTS, Swaive IS NOT RESPONSIBLE FOR THOSE COSTS. THE WEBSITE IS PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND. Swaive, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Swaive MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT ON THE WEBSITES OR WITH REGARD TO THE Swaive PRODUCTS.
Limitation of Liability
IN NO EVENT SHALL Swaive BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST PROFITS, LOST EMPLOYMENT OPPORTUNITY OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE ANY WEBSITE, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Swaive IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to defend, indemnify, and hold harmless Swaive, its affiliates, and their respective officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) any improper use of the Website, or (ii) Your breach of these Terms. Swaive shall provide notice to You promptly of any such claim, suit, or proceeding.
Information available on the Swaive Website and Swaive Products offered in relation to health, and all the comments regarding health questions may not be considered as medical opinions. It is Your responsibility to determine, if need be, in consultation with a doctor, dietitian or physiotherapist, which Swaive Products may be used.
Term and Termination
These Terms will remain in full force and effect while You are a User of the Website. Swaive reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to removal of Your access to the Websites and immediate termination of Your registration with or ability to access the Websites and/or any other services provided to You by Swaive, upon any breach by You of these Terms. Even after You are no longer a User of the Websites, the provisions of these Terms will remain in effect.
The Website contains many links to third party websites. These links are provided solely as a convenience and not as an endorsement by Swaive of the contents on such third-party websites. Swaive is not responsible for the content of linked third-party websites and does not make any representations regarding the content or accuracy of materials on such third party Web sites. If You decide to access linked third-party websites, You do so at Your own risk.
You agree not to make any unauthorized commercial use of the Website.
Access Outside the United States
Swaive makes no claims that the Website may be lawfully viewed, downloaded, or accessed outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If You access any Website You do so at Your own risk and are responsible for compliance with the laws of Your jurisdiction.
These Terms are governed by the internal substantive laws of the State of California. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts within Santa Clara County, California. If any provision of these Terms are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. In addition, Swaive’s failure to enforce any term of these Terms shall not be deemed as a waiver of such term or otherwise affect Swaive’s ability to enforce such term at any point in the future.
If you purchase and/or use the Swaive App or any Swaive Product, additional terms apply and can be found here. Certain areas of the App may be subject to additional Terms. By using such areas, or any part thereof, You agree to be bound by the additional Terms applicable to such areas.
Waiver of any specific term of these Terms shall not be deemed a further or continuing waiver of such term or of any other terms.
Headings provided in these Terms are included for reference purposes only and are not to be given any substantive effect.
These Terms are effective as of March 1, 2014.
If there are any questions regarding Swaive or this Policy, please contact Swaive at:
1400 Coleman Avenue, Suite A21,
Santa Clara, CA, 95050, USA
Phone: (408) 833-8836
Email: support at swaive.com