1. Acceptance of Terms
As used herein, “SYA”, “we”, “us”, “our” or “ours” refers to Swamp Yankee Arms LLC and its affiliates. “Customer”, “Account Holder”, “you”, “your” or “yours” refers to the customer accessing this Site and purchasing and using the Products or Services together with any company or other business entity you are representing, if any.
We reserve the right to make changes to the Site, the Products or Services and these TOU at any time without prior notice to you. You should therefore review these TOU each time you access this Site to keep apprised of these changes. If you do not agree to the changes implemented by SYA, your sole and exclusive remedy is to terminate your relationship with us as a customer of the Products or Services. Unless explicitly stated otherwise, any new features or products that change, augment or enhance SYA’s Products or Services offerings will be subject to this Agreement.
2. Use of the Site
You are granted permission to access and use this Site and its Content (as defined below) for the sole purpose of preparing, evaluating, and purchasing SYA Products and Services through the Site. No other download, retention, use, publication, or distribution of any portion of the Content is allowed.
SYA assumes no liability or responsibility for any inaccuracies, errors or omissions in any Content. SYA also assumes no responsibility and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing on the Site or your downloading any materials, data text or images from the Site.
You agree to use this Site and our Products and Services in a responsible manner that is in compliance with these TOU and your local laws and regulations, including export and import regulations.
By accessing, using and placing orders on the Site, using any of our Products or Services and/or electronically accepting any of our Agreements, you represent and warrant that you are at least 21 years of age and/or are otherwise recognized as being able to form legally binding contracts under applicable law, If you are agreeing to these TOU or any of our other Service Agreements on behalf of a corporate entity, you represent and warrant that you have the legal authority to similarly bind such corporate entity.
SYA strives to keep our Site up to date; however, occasional fluctuation in market conditions may change the price of a product. Our goal is to honor the pricing shown on the Site, however, we reserve the right to change published prices of product offered on our Site at any time. If a published Site price is incorrect on an item you have quoted or ordered, we will contact you immediately with the most updated price or help you choose a different item that is within your budget.
SYA makes every effort to provide clear and color-correct product images on our Site that best reflect the true nature of the products. However, website images are inherently limited in their ability to accurately show color, scale, and detail. Please be careful about making assumptions about products from the Site image alone.
3. Your Account, Password and Security
In order to transact a purchase on the Site you must first complete our registration process where you will provide us with your billing and contact information (“Your Account”). You agree to provide and maintain accurate, current and complete Your Account information about you, and any entity on whose behalf you order Products or Services.
You are responsible for maintaining the confidentiality of Your Account and are responsible for all activities that occur and orders that are placed under Your Account. You will immediately notify us of any unauthorized use of Your Account or any other breach of security, and ensure that you exit from Your Account at the end of each session. We may suspend or terminate Your Account upon notice to you in the event that we reasonably determine that Your Account has been involved in a violation of this Agreement. You will cooperate with us with respect to investigations by us of any suspected or alleged violation of this Agreement and any action undertaken by us to enforce this Agreement. You will be liable for the losses incurred by us or others due to any unauthorized use of Your Account. SYA will not be liable for any loss or damage arising from your failure to comply with this section.
We may provide communications and notices to you by means of a general notice on the Site or by email to the address on record in Your Account or by written communication sent by first class mail or prepaid post to your address on record. Such notice shall be deemed effective within forty-eight (48) hours of transmission by mail or within twelve (12) hours of transmission by email or by notice on the Site. You may withdraw your consent to receive electronic communications, however doing so may also require that you discontinue your use of the Services. You may provide notice to us by sending an e-mail to [email protected] Such notice shall be deemed effective when received by us.
5. Third Party Information and Links to Other Websites
The Site and/or the Products or Services may contain products, services, content, information and links to and from third party providers (such as advertisers and affiliates) and their websites ("Third Party Information"). You may be subject to additional and/or different terms, conditions, and privacy policies when using or accessing Third Party Information. SYA is not responsible for, disclaims all liability for and makes no representations or warranties for Third Party Information. Although we do not have an obligation to do so, we reserve the right to pre-screen Third Party Information.
6. Intellectual Property
You should assume that everything you see or read on the Site is copyrighted unless otherwise noted and may not be used except as provided herein without our prior written permission. Except as noted otherwise in the text of the Site, the trademarks, logos, service marks, text, images and all other copyrightable materials displayed on the Site and available for use with the Products or Services constitute intellectual property owned by SYA or which SYA has the right to use on the Site (the “Content”). Nothing herein grants you any license or right, by implication, estoppel or otherwise, to use any Content without our prior written permission. Unauthorized use of the Content or any other content on the Site is strictly prohibited. You acknowledge that Content is being provided merely as a convenience and accommodation to you on an “AS IS” basis without warranty of any kind.
7. Terms Applicable to Digital Content
Some of our Products may contain, and some of our Services may provide you with, images, photographs, templates, animations, video, audio, music, text, supplemental software, "applets," and "online" or electronic documentation (together called the "Digital Content"). You may use, modify and publish the Digital Content in accordance with these terms. The copyright and all other intellectual property rights to the Digital Content shall remain with us or our licensors and you acknowledge that Digital Content may be used by other SYA customers. If we notify you that certain components of the Digital Content may no longer be used (for whatever reason), then such components cannot be used as part of a website design or template layout, nor can they be used in any other larger work. If you receive such notification, you agree to cease using and destroy all copies of those components of the Digital Content identified by us in your possession or control.
Permitted Uses. During the Term, you may incorporate Digital Content into your own original work and publish your work in a website provided that the Digital Content is not able to be downloaded or saved by others.
Unauthorized Uses. You may not:
Use the Digital Content in web page design where the Digital Content is in a format designed or intended for storage or re-use by others;
Use or permit the use of the Digital Content or any part thereof as a trademark or service mark, or claim any proprietary rights of any sort in the Digital Content or any part thereof;
Use the Digital Content with images of identifiable individuals, products or entities in a manner that suggests their association with or endorsement of any Product or Service;
Create scandalous, obscene, defamatory or immoral works using the Digital Content, nor use the Digital Content for any other purpose which is prohibited by law;
Translate, reverse engineer, decompile, or disassemble the Digital Content or any Services;
Rent, lease, assign, transfer or redistribute the Digital Content or a copy thereof, to another person or legal entity; or
Use the Digital Content in a manner that violates this Agreement.
8. Notice Specific to Documents Available on this Site
You are granted permission to use documents provided on the Site such as white papers, data sheets and FAQs (“Documents”) provided that the content contained therein including any copyright notice is not altered or removed. Use of such Documents is for informational and non-commercial or personal use only and shall not be copied or posted on any network computer or broadcast in any media.
9. Materials Provided by You
In connection with your use of the Site and the purchase of Products or Services made available through the Site, you may provide us with text, images, photographs, graphics, sound, video and other information for inclusion (“User Content”). You may also have the ability to view, post, publish, share, store or manage User Content via the Site or the Products or Services. All such comments and postings are public, not private, communications.
Although we are not obligated to pre-screen User Content, we reserve the right to do so or to refuse or remove any of User Content that, in our sole discretion, violates these TOU, our Acceptable Use Policy or is otherwise objectionable in our sole discretion.
You agree to back-up all of your User Content so that you can access and use it when needed. SYA does not warrant that it backs-up User Content, and you agree to accept as a risk the loss of any and all of your User Content. You agree to indemnify and hold SYA and its subsidiaries and affiliates and its and their officers, directors, employees, partners and agents, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of our use of User Content.
10. Purchases of Products and/or Services; Transfer of Title
Prices are F.O.B. shipping point. This means that the risk of loss and title for Products you order from us pass to you upon our delivery to the carrier. For any Product or Service that is to be provided to you in an electronic format, delivery shall be deemed to have occurred either (a) at the time we transmit the Product via email or other electronic communication addressed to you, or (b) at the time we transmit a notification to you that the Product is available for downloading from the Site. State sales tax will be added to your order where applicable. If you are exempt from sales tax, please provide us with a copy of your resale exemption certificate.
Submission of an online order and/or your signature on our Order Acknowledgment is a conditional acceptance by SYA of your offer to purchase our goods and your acceptance of our terms and conditions. It may contain terms that differ from or add to those contained in your purchase order, should you have one, and to the extent that this is the case, SYA hereby expressly conditions its acceptance of your offer on SYA's agreement of the additional or different terms. Your receipt and retention of the goods covered by this invoice shall constitute acceptance of any such additional or different terms.
Once a job has been approved by you and "sent to build" on the Site, no changes are allowed to the custom order, job characteristics, or turnaround time. After a custom order has been sent to SYA , you are responsible for paying the entire amount of that custom order along with applicable taxes, shipping, and processing fees, unless otherwise noted.
Order Cancellation Terms and Conditions:
When you approve your order, we start preparing your item, at which point the pre-production process begins.
In the event of a cancellation, all orders that have begun the pre-production process will be charged a minimum of $40.00 to cover order processing.
Once you have approved your custom order, your order is sent to the manufacturer and the production process begins.
We cannot guarantee our ability to make changes or cancellations to an order once the production process begins. If we are able to comply with your request and you have approved the custom order, there will be a minimum charge of $50.00 to cover order entry and preparation expenses. All completed work and costs incurred will be your responsibility.
You are liable to pay the agreed upon price for any work that may have been completed up to the time that we are able to cancel/change your order. These charges may include, but are not limited to, setup, part supply, shipping charges and restocking fees. All completed work and costs incurred will be your responsibility.
11. Fees and Payments
You agree to pay any and all fees and payments due for Products or Services purchased at this Site at the time they are ordered. All fees and payments due are in U.S. dollars and are non-refundable unless otherwise expressly noted, even if your Services are suspended, terminated, or transferred prior to the end of the Services term.
Unless otherwise stated, you may pay for Products and Services by providing a valid credit card or ACH if available. You acknowledge and agree that it is your sole responsibility to modify and maintain Your Account settings, including but not limited to (i) setting your renewal options and (ii) ensuring that your credit card or ACH information is current and valid. Failure to do so may result in the interruption or loss of Services. SYA will not be liable to you or any third party regarding Services loss or interruptions. You must notify us of any billing problems or discrepancies within fifteen (15) days after they first appear on your credit card or bank account statement, otherwise you waive any right to dispute any such discrepancy.
You acknowledge that SYA may use the services of a third party to automatically update your credit card expiration date. These recurring billing or account updating programs “Billing Programs” are supported by your credit card provider (and are ultimately dependent on your bank’s participation). If you are enrolled in an automatic renewal option and we are unable to successfully charge your existing payment method, your credit card provider (or your bank) may notify us of updates to your credit card number and/or expiration date, or they may automatically charge your new credit card on our behalf without notification to us.
If we are unable to charge your credit card or bank account for the full amount owed for the Products or Services provided or if we incur a chargeback for any fee we previously charged to your credit card, you acknowledge that SYA may pursue all available lawful remedies in order to obtain payment including, immediate cancellation without notice to you of any Services registered or renewed on your behalf.
SYA reserves the right to charge you reasonable additional fees for, e.g. (i) service upgrades (one-time non-recurring charge) to be invoiced to you in the following billing cycle, (ii) tasks we may perform for you that are outside the normal scope of our Services, (iii) additional time and/or costs we may incur in providing our Products and Services to you, and/or (iv) your noncompliance with this Agreement as determined by us in our sole discretion. These additional fees will be billed to the credit card or other payment method you have on file with us.
SYA expressly reserves the right to change or modify its prices and fees at any time, and such changes or modifications will be posted online at this Site or otherwise communicated to you using the information on file with us, and effective immediately without further notice to you. If you have purchased Products or Services for a fixed time period, changes or modifications in prices and fees will be effective when the Product or Service in question comes up for renewal. If you find any pricing change unacceptable, you may terminate your Customer Account, however SYA will not be obligated to refund any remaining portion of your pre-paid fees.
If a Service is offered with a special promotion price or period offered by us, you agree that all subsequent periods after the initial promotion period will be billed at the then stated list price for the service.
Late Fees and Penalties. We reserve the right to charge late fees of 1% per month (18%, annually) or 6% of the amount due plus $10 per month for amounts not timely paid, whichever is more. Customer will be responsible for all reasonable expenses (including collection and reasonable attorneys' fees) incurred by us in collecting such amounts.
12. Shipping and Delivery
SYA is not liable for incorrect shipping address, undeliverable packages/3rd delivery attempts, or other errors created by you.
SYA is not liable for damage to the products arising after delivery to you.
Satisfaction guarantee does not apply to shipping claims.
We reserve the right to have you return the original order before refunding your order.
We are not responsible for any damages or claims incurred by you or your business caused by receiving custom orders which are defective or incomplete or which you receive later than the estimated delivery date.
We can ship most products via USPS, FedEx, or UPS, please call for a shipping quote.
Split shipments can generally be accommodated. Be advised, however, that you will be subject to additional charges. Please call to inquire.
We make every attempt to have your merchandise ship from the factory on or before the date specified in your Order Confirmation or desired due date, in the event that there is a delay you will be notified immediately. We typically provide tracking information within 24 hours of shipment.
Orders of excessive size or weight may be shipped via common carrier (freight line); you will be notified if this is necessary.
We ship from various manufacturing facilities throughout the United States. If your order contains multiple items, these items may arrive in separate shipments.
Please be advised that we are unable to ship to PO boxes.
All products become your property at the time they are accepted by the shipping service.
Shipping and Arrival Times
Shipping transit times vary, and SYA assumes no responsibility for delays caused by acts of god, shipping carriers, weather, circumstances beyond our direct control, or any damages resulting from the failure to receive an order on time. Your order may arrive late due to unforeseen delays in delivery service, the breakdown of equipment, illness, etc.
Target arrival dates are calculated by adding the project turnaround time to the shipping transit time. Both production and shipping times are based on business days only and do not include weekends or holidays. Shipment and delivery dates are the best estimates of us and our suppliers, and SYA is not liable for any consequential or special damages arising from any delay in delivery.
SYA is committed to estimating shipping charges as accurately as possible. However, on rare occasions, we may underestimate or overestimate the shipping charges on your order. In such an event we may make reasonable authorized adjustments to your shipping charges. You will always be contacted about additional charges. Refusal of charges may delay delivery of your order.
13. Term and Termination
14. All Sales Are Final
One thing we’d like you to keep in mind is that all sales, unless otherwise noted, are final. SYA puts special care into working on your job and will not be able to give a refund once we’ve gotten the materials and begun working.
Life is unpredictable, and some circumstances are beyond our control. We cannot be held responsible for:
Spelling, punctuation or grammatical errors made during your customization process
Poor image quality or low-resolution of your uploaded files
Errors in user-selected options like product type, size, finishing options or quantity
Delivery delays due to improperly prepared files
Duplicate orders by the customer
Don’t let this list overwhelm you. We’ve got steps in place all along the process to help prevent these errors from happening.
Claims and returns
If problems arise, please reach out to us within 3 days of receiving your package. A good way to meet this time frame is to open your order right away, even if you don’t plan on using it for a while. After 3 days, it may not be possible to go back to our suppliers for credit. Having your order number available when contacting us will make finding a solution simpler on both ends. Unauthorized returns are not accepted. Customer service is always here to help and, if need be, we’ll give you a Return Material Authorization number (RMA) and a special shipping address to send your package on a journey back to us.
15. Disclaimer of Warranties
The Site and the Products and Services available via the Site are provided by use on an “AS IS” and “AS AVAILABLE” basis. Therefore you understand that your use of the Site and the Products and Services is at your sole risk. To the fullest extent permissible pursuant to applicable law, SYA and its subsidiaries and affiliates and its and their officers, directors, employees, agents, partners and licensors expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
SYA and its subsidiaries and affiliates and its and their officers, directors, employees, agents, partners and licensors do not warrant or make any representation regarding any content we provide including its availability, accuracy, spelling or grammar, or that your use or the results of your use of our Products or Services in terms of effectiveness, accuracy or reliability, will produce any guaranteed or stated result, meet your stated requirements or expectations or be provided in an uninterrupted, timely, secure or error-free manner. SYA shall be permitted from time to time to interrupt any Service in order to provide maintenance affecting that Service.
16. Limitation of Liability
SYA is not responsible or liable for the deletion, correction, destruction, damage, loss or failure to store or maintain any of your Account data or your Content. SYA and its subsidiaries, affiliates and agents and its and their officers, directors, employees, agents, partners and licensors will not be liable to you for any special, direct (with respect to your use of the Site only) indirect, incidental, consequential, punitive, reliance or exemplary damages, including without limitation losses or liability resulting from (i) loss of data, loss of revenue, anticipated profits, or loss of business opportunity; (ii) the accuracy, completeness or content of the Site, Services or any Third Party Information, (iii) personal injury, death, or property damages; (iv) any unauthorized use of or access to the Site, the Services, any of our servers including, without limitation, any User Content or data including personal and/or financial information stored thereon; (v) any interruption or cessation of Services related to the Site or third party sites; any viruses, worms, bugs or the like which may be transmitted to or from the Site of any third party site ; (vi) any User Content or conduct that violates our Acceptable Use Policy or any other applicable policy; (vii) any loss or damage of any kind resulting from your use of, or inability to use, the Site or the Services made available through the Site or any act or omission by SYA, even if advised of the possibility of such damages.
SYA’s liability and your exclusive remedy related to non-performance of any Service shall be: (i) repair, replacement or adjustment of the product or Service, or (ii) where repair, replacement or adjustment is not practicable, an equitable credit not to exceed the charges invoiced to you for the portion of the product or Service which were non-performing.
For any product or Service we provide to you, the aggregate liability of SYA its subsidiaries affiliates and agents and its and their officers, directors, employees, agents, partners and licensors, whether in contract, tort or any other theory, will not exceed an amount greater than the purchase price of the product or Service actually paid to SYA. In states where the limitation or exclusion of liability or incidental or consequential damages is not allowed, the above limitations or exclusions may not apply to you. In such cases SYA’s aggregate liability will be limited to the fullest extent permitted by applicable law. Any cause of action arising out of or related to the Site or the Services must be commenced within one (1) year after the cause of action arises or any such action will be permanently barred.
18. Jurisdiction and Governing Law
Unless otherwise noted in any applicable Agreement, this Agreement, the Services and all matters arising out of or relating thereto will be governed by the laws of the State of Connecticut without regard to its conflict or choice of law provisions. Any legal action or proceeding relating to this agreement or the provision of the Products or Services offered via the Site will be brought in the state or federal courts located in Connecticut. You hereby submit to the jurisdiction of and agree that venue is proper in those courts in any such legal action or proceeding.
19. General, Contact Information
SYA shall not be responsible for failure or delay of performance if caused by an act of war, hostility, or sabotage, acts of god, electrical, internet, or telecommunication outage that is not caused by us, government restrictions (including the denial or cancellation of any export or other license), or other events beyond our reasonable control.
SYA will provide you with phone support at no additional charge for technical questions and issues relating to your use of the Site. You may contact our support services by dialing 1-860-710-6775 during normal business hours or emailing us at [email protected]
All sections of this Agreement which, by their nature, should, shall survive termination including payment, indemnity and the disclaimers of warranty and limitations of liability.