1. Introduction
Sweers Home Products and its affiliates (collectively "Sweers Home Products") provide this Web site ("Site") and its contents as a convenience intended to facilitate the business or other relationship between you and Sweers Home Products ("you" and "your" refer to the entity through which you conduct business with Sweers Home Products, whether a corporation, individual, partnership, proprietorship or otherwise). YOUR ACCESS AND/OR USE OF THIS SITE SIGNIFIES THAT YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND OUR PRIVACY NOTICE. If you do not agree with these Terms of Use and the Privacy Notice, you should immediately cease use of this Site, the services provided through this Site, and all information and materials you obtained through this Site. While Sweers Home Products uses reasonable efforts to include accurate and up-to-date information in this Site, Sweers Home Products does not warrant that product descriptions or other content of this Site is accurate, complete, reliable, current, or error-free. If a product offered by Sweers Home Products is not as described, your sole remedy is to return it in unused condition. YOUR USE OF THIS SITE IS AT YOUR OWN RISK.If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Sweers Home Products reserves the right to refuse service, terminate accounts, or cancel orders in its sole discretion.
2. Intellectual Property
Sweers Home Products maintains this Site to provide information to its customers and the general public. All content included on this Site, including, without limitation, all text, graphics, logos, button icons, images, data compilations, and software, is the property of Sweers Home Products or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this Site is the exclusive property of Sweers Home Products and protected by U.S. and international copyright laws. All software used on this site is the property of Sweers Home Products or its software suppliers and protected by United States and international copyright laws. Similarly, the trademarks, logos, and service marks (collectively "trademarks") displayed on this Site, including “Sweers Home Products”, are registered and unregistered trademarks of Sweers Home Products and others. You have no license or right to use any trademark displayed on this Site, or any license under any patent or patent application or proprietary information of Sweers Home Products and its suppliers without the prior written permission of Sweers Home Products or such suppliers. You may not distribute, modify, transmit, re-use, report or use the contents of this Site for public or commercial purposes including the text images and any other features without Sweers Home Products’ prior written permission.3. Disclaimer of Warranties; Limitation of Liability
THIS SITE AND THE PRODUCTS OFFERED THROUGH THIS SITE ARE PROVIDED BY SWEERS HOME PRODUCTS ON AN "AS IS" AND "AS AVAILABLE" BASIS. SWEERS HOME PRODUCTS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON OR AVAILABLE THROUGH THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SWEERS HOME PRODUCTS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SWEERS HOME PRODUCTS DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM SWEERS HOME PRODUCTS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SWEERS HOME PRODUCTS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, EVEN IF SWEERS HOME PRODUCTS OR A SWEERS HOME PRODUCTS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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.
4. Feedback and Information
Any Feedback you provide at this Site shall be deemed to be non-confidential. "Feedback" includes, but is not limited to, comments, postcards, emails, suggestions, ideas, and other submissions disclosed, submitted or offered to Sweers Home Products on or through this Site or otherwise disclosed, submitted or offered in connection with your use of this Site. Sweers Home Products will be free to use such Feedback on an unrestricted basis. You agree that no Feedback submitted by you to this Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Feedback submitted by you to this Site will be or contain libelous or otherwise unlawful, abusive, obscene or offensive material. You are and will remain solely responsible for the content of any Feedback you make and you will indemnify Sweers Home Products for all claims resulting from Feedback you supply.5. Site Access
Sweers Home Products may discontinue operation of all or portions of this Site at any time in its sole discretion without notice, and without liability.6. Modification
Sweers Home Products reserves the right to change this Site, its policies and these Terms of Use at any time. The amended terms will be effective upon posting on the Site. Your continued use of the Site and/or the services indicates your continued agreement to be bound these Terms of Use, as amended from time to time. If any of these Terms of Use shall be deemed invalid, void, or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining term.7. Return Policy
All products purchased through this Site are subject to our Return Policy, which is incorporated by reference into these Terms of Use, and which may be amended from time to time.8. Governing Law
By visiting Sweers Home Products.com, you agree that the laws of the State of North Carolina, without regard to principles of conflict of laws, will govern these Terms of Use and the Privacy Notice and any dispute of any sort that might arise between you and Sweers Home Products.9. Disputes
Any dispute relating in any way to your visit to Sweers Home Products.com or to products you purchase through Sweers Home Products.com shall be submitted to confidential arbitration in Charlotte, North Carolina, except that, to the extent you have in any manner violated or threatened to violate Sweers Home Product’s intellectual property rights, Sweers Home Products may seek injunctive or other appropriate relief in any state or federal court in the state of North Carolina, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.10. Miscellaneous
Unless otherwise specified, this Site and the information contained in the Site are displayed solely for the purpose of promoting Sweers Home Products’ products and services available in the 48 contiguous United States. If you have any questions concerning these Terms of Use, please contact us at:Sweers Home Products
P.O. Box 927
Mooresville, NC 28115
Phone: (704) 663-1543