SWANS ISLAND COMPANY

Website Terms of Use

www.swansislandcompany.com (the “Site”) is the official website for Swans Island Company (“we”, “us” or “our”) its subsidiaries and affiliates.  We encourage you to read the following terms governing your use of and purchase of products from the Site. By using the Site or by providing personally identifiable information, which may include names, postal addresses, email addresses, billing information, etc. (“Personal Information”) to us, you agree to be bound by these Terms of Use set forth and any other documents referred to herein (collectively, the “Terms”).

Changes to these Terms

We may update these Terms from time to time, and so you should review these Terms periodically.  Your continued use of the Site constitutes your acceptance of any such changes.  The most recent date of update will be stated at the end of these Terms.

Use and Restrictions

This Site may be accessed and used only by individuals who can form legally binding contracts under applicable laws, who are 18 years of age or older, and who are not barred from using the Site under applicable laws. You acknowledge and agree that we, in our sole discretion and without notice or obligation to you, may temporarily or permanently suspend or discontinue any or all access to the Site. We may change, move or delete portions of, or may add to our Site or its Contents (hereinafter defined) from time to time, and these Terms cover any subsequent changes or modifications to our Site and/or its Contents.

Other than for the purchase of merchandise from our Site, our Site and the contents of our Site (the “Contents”) are intended for personal, noncommercial use and you agree that you will not:

  • resell products purchased or make other commercial use of the products, Site or its Contents;
  • modify, reproduce, publish, transmit, distribute, display, create derivative works from, sell or participate in or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software;
  • collect or use any product listings or descriptions;
  • use any data mining or similar data gathering methods from the Site;
  • use, frame or utilize framing techniques to enclose any of our trademarks, logos or other proprietary information (including images, text, layout or design) without our express consent; or
  • except for your use of the Site as expressly permitted in these Terms, access or attempt to access any systems or servers on which the Site is hosted or modify or alter the Site in any way.

Any unauthorized use of the Site may result in you being banned in use of the Site.

Intellectual Property Rights

The Site and its Contents are protected by copyright, trademark, trade dress and other laws and we own and/or use with permission all worldwide right, title and interest in and to the Site and its Contents.  All trademarks appearing on the Site are our trademarks or are licensed and/or used with permission.  You agree not to display or use such trademarks without our express prior written consent.

User Comments, Feedback, Postcards and Other Submissions

Any and all comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered by you to us via the Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, “Submissions”) shall be and remain our property.  You agree to, if requested by us, take all actions necessary to assign and transfer to us all rights in and derived from the Submissions that you may have including without limitation, all ownership of and rights to use, sell and commercialize the intellectual property and the right to file applications to register such rights. We are not under any obligation (a) to maintain any Submissions in confidence; (b) to pay to you any compensation for any Submissions; or (3) to respond to any user Submissions.

By making any Submission, you agree that such Submission does not violate any right of any third party, including copyright, trademark, privacy, patent or other personal or proprietary right(s). In addition, to the extent any Submission contains your or any other person’s name, likeness, voice or biographical information (“Personal Rights”), you hereby grant and will cause such other person to grant to us a transferable, non-exclusive, worldwide, royalty-free license to use such Personal Rights for any advertising or marketing of our products in any medium.  You agree to indemnity and hold harmless us and our affiliates and each of our and their respective officers, directors, agents and employees against any losses, liabilities, claims and expenses (including attorneys’ fees) arising out of your account, your use this Site, your Submission and any Personal Rights contained therein.

You further agree that your Submissions does not contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Submission you make. You agree that we may use and/or disclose information in your Submission consistent with the terms of our Privacy Policy.

Electronic Communications

You consent to receive electronic communications from us either in the form of an e-mail set to you at the e-mail address listed on your account or by communications posted on the Site. You acknowledge and agree that any electronic communication in the form of such e-mail or posting on the Site shall satisfy any legal requirement that such communication be in writing.

Your Account

You must establish an account with us in order to purchase through the Site. You are solely responsible for (i) maintaining the security of your account and password; (ii) restricting access to your account; and (iii) keeping your account email address current. You are solely responsible for all activities, including without limitation, all purchases of products on the Site and posting of Submissions, that occur under your account.

You acknowledge and agree that we may access, preserve and disclose your account information, Submissions, communications, and information relative to your use of the Site, and any other information under your account if we are required to do so by law or legal process or if we determine, in its sole discretion, that such action is necessary to protect our rights, the rights of third parties or other users of the Site or for otherwise responding to your customer service inquiries. To the extent that the foregoing conflicts with our Privacy Policy, our rights as specified herein shall control.

Site Transactions

We reserve the right to request further identification for credit card processing on any order you place an order with us.  We reserve the right to change and/or refuse any order you enter on the Site. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order; including multiple orders entered by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. In the event we change or cancel an order, we will attempt to notify you by contacting the applicable contact information provided when the order was submitted on the Site.

Modification 

Any content offered or posted on this Site is subject to modification or discontinuation at any time and from time to time without notice or obligation to you. Without limiting the foregoing, we reserve the right, in our sole discretion, to charge fees for the use or purchase of, or access to, any products, services or Content offered through the Site, at any time from time to time.

Terms of Sale

All product sales from the Site are governed by information provided herein and at checkout and elsewhere on the Site regarding returns, and exchanges, shipping and warranties at the time of your order. By ordering and/or accepting delivery of the products, you agree to be bound by said policies and terms.  The policies are subject to change without notice and you review the same before you purchase any product.

Warranties and Disclaimers

The Site, Submissions and content provided via the Site are provided on an “as is” and “as available” basis with no warranty of any kind. To the maximum extent permitted by law, we disclaim all representations, warranties and conditions, express or implied with respect to the Site, Submissions, the content and any of our products or services, including without limitation, warranties or conditions of merchantable quality, merchantability, durability, fitness for a particular purpose, title, non-infringement, and implied warranties or conditions arising from course of dealing or performance.

The material displayed on the Site is provided without any guarantees, conditions or warranties as to its accuracy. We reserve the right to revoke offers or correct errors or inaccuracies or omissions.

Limitation of Liability

To the maximum extent permitted by law, we and/or any of its affiliated entities (the “Group”) exclude all liability for any damages (howsoever arising, including without limitation through contract, tor (including negligence), breach of statutory duty or otherwise) arising out of or in connection with your access to (or inability to access) or use of the Site and its contents. All conditions, warranties and other terms which may be implied by statute, common law or otherwise are hereby excluded to the maximum extent permitted by law. In no event shall the Group or their respective officers, directors, contractors, employees or agents be liable for: (i) any indirect, special, or consequential loss or damage, or (i) loss of profit, (iii) loss of business, (iv) loss of contract, or (vii) loss of data, in each case, incurred by any user in connection with the Site, any sites linked to it and any materials posted on it, even if we have been previously advised of the possibility of such damage. Nothing in these Terms shall exclude or limit our liability for death or personal injury arising from our negligence, any breach of the obligations implied by applicable law, or for any fraud, or fraudulent misrepresentation or any other liability to the extent it cannot be waived or limited under applicable law.

Governing Law and Jurisdiction

These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the State of Maine. The courts of the State of Maine will have exclusive jurisdiction over any claim or any dispute arising from, or related to, a visit to the Site. We reserve the right to bring proceedings against you for breach of these Terms in your State of residence or any other relevant jurisdiction.

Invalidity

If any provision of these Terms are held to be invalid, illegal or unenforceable in any jurisdiction, the same will not affect the effectiveness or validity in other jurisdiction or the effectiveness of any other provision herein.

Returns

All unused items may be returned or exchanged within thirty days of purchase. Monogrammed items, items purchased from our “seconds” room, clearance items and custom orders are not returnable.

Limits on Purchases

We do not authorize the purchase of our merchandise for resale purposes. To enforce this policy, we may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. We also reserve the right to cease doing business with those customers violating this policy. We may modify this policy at any time without prior notice. This limits on purchases policy applies to all purchases made at our retail stores, through our catalogs and on our website.

Questions

If you have any concerns about material which appears on the Site or these Terms, please contact us by emailing at: info@swansislandcompany.com

Last Updated: November 1, 2017