As we continue to develop our business, we may at some future date become involved in a transaction in which one of our business units may be acquired or considered for acquisition by a third party. In such circumstances, your personal information would be transferred and/or could be the subject of due diligence investigations by the third party. In the event that Swish Kenco goes through a business transition, such as a merger, being acquired by another company, selling all or a portion of its assets, or enters bankruptcy, members' personal information will, in most instances, be part of the operations or assets transferred. You agree that we or our successors may do so without your further express consent, and you agree that the successor may continue to possess and use the information conveyed in accordance with the terms of this policy. If as a result of the business transition, the members' personally identifiable information will be used in a manner different from that stated at the time of collection members will be given choice consistent with our "Notification of Changes" section below. |
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NOTIFICATION OF CHANGES |
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If we decide to change our privacy policy, we will post those changes here so our users are always aware of what information we collect, how we use it, and under circumstances, if any, we disclose it. As such, please review this privacy policy periodically as we may modify it from time to time. If our information practices change at some time in the future, we will notify all registered users of any change to this privacy policy either by posting a notification on the site or via email, unless you have opted-out of receiving email from us, and provide you with the ability to opt out of these new uses. If you are concerned about how your information is used, you should check back at our site periodically. Continued use of the site after changes are posted or emailed constitutes your acceptance or deemed acceptance of the terms as modified, regardless of whether the notice or email was successfully received, read, or lost during transmission. Each time you visit the site or provide us with information, by doing so you are accepting the practices described in this privacy policy at that time. |
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SECURITY |
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We have several different safeguards to protect your information, which include physical, technical (such as firewalls and industry-standard SSL encryption to protect data transmissions), and procedural methods. All of these comply with statutory and responsible business practices. |
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SITE AND SERVICE UPDATES |
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Swish Kenco may send the user site and service announcement updates which contain important information about the service. We communicate with the user to provide requested services and in regard to issues relating to their account via e-mail or phone. |
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CORRECTING/UPDATING PERSONAL INFORMATION |
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If site visitor's personally identifiable information changes (such as address or E-mail), or if site visitor no longer desires to receive voluntary information from Swish Kenco, we will endeavour to correct, update or remove that user's personal data from our database. |
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CONTACT |
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If you have any questions or concerns regarding our privacy policy, please contact our Privacy Department: |
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AUTHORIZED USE OF THIS SITE |
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The information and materials in any medium contained in this Site, including but not limited to text, organizations of data, databases, downloads, streamed data, images, graphics, electronic icons, web page designs, or web processes embodied in the Site (collectively, the "Content") is owned or licensed by Swish Kenco. Swish Kenco authorizes you solely (a) to view or download a single copy of the Content, and (b) to copy electronically, display and print hard copy portions of this Site, all for your personal and non-commercial use and for no other purpose. Any other use of the Content, including but not limited to, reproduction for commercial purposes, modification, transmission, display, distribution, performance, licensing, creation of derivative works or other exploitation, without prior written permission of Swish Kenco, is strictly prohibited. |
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PRICING INFORMATION |
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Pricing within the Clearance Center and E Flyer section of this website are posted for the Public to view and do not include applicable taxes. Product specifications may not be accurate or complete. Unless specified otherwise, all prices referenced in this Site are Manufacturer?s Suggested Retail Prices only. |
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BILLING TERMS |
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Billing terms are net 30 days from date of invoice for on account purchases. A charge of 1.5% per month will be assessed on all overdue accounts. Swish also accepts Mastercard, Visa and American Express purchases. |
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SHIPPING/MINIMUM ORDER TERMS |
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Swish customers with approved account credit status. The minimum order for pre-paid delivery is $250. For orders less than $250. a shipping and handling fee is applicable and will be based on the geographical area for delivery. |
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DELIVERY TERMS |
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Our in stock program of more than 5,000 products and $7M of inventory provides delivery within 48 to 72 hours. |
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RETURNED GOODS |
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You should be 100% completely satisfied with every product you select. If you are not, simply return for a full credit. In order to return purchased goods, a 'Return Goods Authorization' must be obtained within 30 days of purchase. All products returned must be in their original cartons and in their original condition. Return freight will be the responsibility of the purchaser. Please contact customer service for further assistance in this regard. |
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PROVISION OF INFORMATION OF USER |
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To the extent that you provide information to Swish Kenco by operation of this Site where it is reasonable to expect that Swish Kenco or its dealers may rely on this information, you represent that such information shall be accurate and complete. By posting, uploading, inputting, submitting or otherwise providing any information or materials to this Site, you consent to Swish Kenco? collection of such information, and you grant Swish Kenco and its parent and affiliates the right to use and exploit such information or materials in any way without any obligation to compensate you in any way. To the extent that Swish Kenco, its parent or its affiliates use such information or materials in any way to develop products, services or any related intellectual property, you acknowledge and agree that such products, and any intellectual property arising from such products or services, shall be exclusively owned by Swish Kenco, its parent or its affiliates. You represent and warrant that by providing this information or materials that you have the right to do so, and to grant the rights referred to under this heading. |
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MODIFICATION OF CONTENT |
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Swish Kenco reserves the right to make changes to the Content, including all prices, models, services, equipment, specifications and availability, at any time without notice. If a posted price for a product or service is incorrect, Swish Kenco is only responsible for the correct price, which Swish Kenco shall provide you with upon becoming aware of the error. Swish Kenco reserves the right to refuse or cancel any orders for products or services listed at an incorrect price. Please check with your Swish Kenco dealer for complete details. |
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DISCLAIMER |
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YOU ACKNOWLEDGE AND AGREE THAT ALL ELEMENTS, MATERIALS, INFORMATION, CONTENT, SERVICES ASSOCIATED WITH THIS SITE OR ANY LINKED SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY REPRESENTATION, WARRANTY, TERM OR CONDITION OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR FUNCTION, SECURITY, ACCURACY, PERFORMANCE, TITLE AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES, SO THE LIMITATIONS OR EXCLUSIONS IN THIS AGREEMENT MAY NOT APPLY TO YOU. |
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LIMITATION OF LIABILITY |
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WITHOUT LIMITING THE FOREGOING, YOU AGREE AND ACCEPT THAT SWISH KENCO, ITS SUBSIDIARIES, PARENTS AND AFFILIATES SHALL NOT BE LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY DAMAGES, LOSSES, INJURIES OR EXPENSES OF ANY KIND HOWSOEVER ARISING FROM YOUR USE OF THIS SITE INCLUDING BUT NOT LIMITED TO (A) UNAUTHORIZED ACCESS TO, USE, ALTERATION OR DELETION OF TRANSMISSIONS OR DATA, FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, USE OF INFORMATION PERTAINING TO ANY ACCOUNT ASSOCIATED WITH THIS SITE, OR (B) DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER?S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. IN NO EVENT SHALL SWISH KENCO, ITS SUBSIDIARIES, PARENTS AND AFFILIATES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS), WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER THEORY OF LIABILITY OR OTHERWISE (INCLUDING WITHOUT LIMITATION, THOSE RESULTING FROM: (A) RELIANCE ON INFORMATION OR MATERIALS PRESENTED THROUGH THE SITE, (B) LOSS OF USE, DATA OR PROFITS, (C) DELAYS OR BUSINESS INTERRUPTIONS) ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, THIS SITE, WHETHER OR NOT SWISH KENCO, ITS SUBSIDIARIES, PARENTS AND AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES, SO THE LIMITATIONS OR EXCLUSIONS IN THIS AGREEMENT MAY NOT APPLY TO YOU. |
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INTELLECTUAL PROPERTY RIGHTS |
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Neither you nor anyone acting on your behalf, including your personnel, shall acquire any right, title, or interest to, or arising from, any intellectual property or other proprietary rights, including but not limited to any copyright, trademarks, patents, designs, or trade secrets, relating to the contents of this Site. You agree that your use of this Site and any Content is subject to Swish Kenco? intellectual property therein, and that such intellectual property is valid and enforceable. |
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INDEMNITY |
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You agree to defend, indemnify and hold Swish Kenco, its employees, officers, and directors from all liabilities, claims, costs and expenses including reasonable legal fees and disbursements, that arise from your use or misuse of this Site, your non-compliance with this Agreement, or your violation of any third party rights. Swish Kenco reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with Swish Kenco in asserting any available defenses. |
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VIOLATIONS AND TERMINATIONS |
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Swish Kenco may in its sole discretion advise you of any inappropriate behavior on your part and any necessary corrective action. However, if you engage in any acts that Swish Kenco in its sole discretion deems to constitute a violation of the terms and conditions of this Agreement, Swish Kenco or its representative may take any responsible actions that they deem appropriate. Such action may include, but is not limited to, barring your access to this Site, or certain portions of this Site. These actions are not Swish Kenco? exclusive remedies and Swish Kenco may take any other legal, equitable, or administrative action it deems appropriate. Swish Kenco further reserves the right to investigate suspected violations of the terms and conditions of this Agreement. You hereby authorize Swish Kenco to cooperate with (A) law enforcement authorities in the investigation of suspected criminal violations and (B) system administrators at Internet service providers, network or computing facilities in order to enforce the terms and conditions of this Agreement. Such cooperation may include Swish Kenco providing usernames, IP addresses, or other information identifying you. |
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GENERAL PROVISIONS |
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If any provision of this Agreement is invalid or unenforceable under applicable law, then it shall be, to that extent, deemed omitted and the remaining provisions will continue in full force and effect. Unless specifically provided herein, this Agreement constitutes the entire agreement between you and Swish Kenco with respect to your use of this Site. This Agreement shall supersede all prior agreements, understanding, negotiations and discussions, either oral or written between the parties. There are no representations, warranties, conditions or other agreements, express or implied, statutory or otherwise, between the parties in connection with the use of this Site except as specifically set forth herein. This Agreement shall be governed by and construed in accordance with the laws of the State of Vermont and the federal laws of USA applicable therein. Any disputes or legal proceedings arising out of or relating to this Agreement shall: (i) as they pertain to Swish Kenco, at its election be determined via arbitration in the State of Vermont, USA (pursuant to the arbitration rules designated by Swish Kenco), or in the courts in the State of Vermont, USA. You hereby expressly consent to the sole and exclusive jurisdiction and venue of the courts of the State of Vermont, for any legal proceeding arising out of or relating to your use of this Site or this Agreement. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records executed and maintained in the original form in which they were generated. It is the express will of the parties that this Agreement and all related documents have been drawn up in English. |
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TERMS OF USE REVISIONS |
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Swish Kenco reserves the right to revise these terms of use by updating this posting. As a user, it is your responsibility to keep yourself up to date on all such revisions so that you will be aware of the current terms of use by which you are bound. |
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Should any portion of these site terms of use be found to be unenforceable, the remainder of the terms and conditions shall remain in full force and effect. |
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