PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE.
These Terms of Use ("Terms") apply exclusively to your access to, and use of, the Swell Containers, Inc. ("Swell Containers") website, located at https://www.swellcontainers.com. These Terms do not alter in any way the terms or conditions of any other agreement you may have with Swell Containers, or its subsidiaries or affiliates, for products, services or otherwise. If you are using the Site on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity's behalf, and that such entity agrees to indemnify you and Swell Containers for violations of these Terms.
Swell Containers reserves the right to change or modify these Terms or any policy or guideline of the Site, at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting the revisions to the Site, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of this Site following the posting of any changes or modifications will confirm your acceptance of such changes or modifications; therefore, you should frequently review the Terms and applicable policies to understand the terms that apply to your use of the Site. If you do not agree to the amended terms, you must stop using the Site.
Please refer to our Privacy Policy for information about how Swell Containers collects, uses and discloses personally identifiable information from its users.
Unless otherwise indicated, the Site and all content and other materials on the Site, including, without limitation, Swell Containers's logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the "Site Materials") are the proprietary property of Swell Containers or its licensors and are protected by U.S. and international copyright laws.
You are granted a limited, non-sublicensable license to access and use the Site and electronically copy (except where prohibited without a license) and print hard copy portions of the Site Materials for your informational and personal use only. Such license is subject to these Terms and does not include: (a) any resale or commercial use of the Site or the Site Materials, other than as expressly permitted therein; (b) the collection and use of any product listings, pictures or descriptions; (c) the distribution, public performance or public display of any Site Materials, (d) modifying or otherwise making any derivative uses of the Site and the Site Materials, or any portion thereof; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of the Site, the Site Materials or any information contained therein, except as expressly permitted on the Site; or (g) any use of the Site or the Site Materials other than for its intended purpose. Any use of the Site or the Site Materials other than as specifically authorized herein, without the prior written permission of Swell Containers, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
Swell Containers's logos and any other trade name or slogan contained in the Site are trademarks of Swell Containers, its partners or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Swell Containers or the applicable trademark holder.
You may not use any metatags or any other "hidden text" utilizing any name, trademark or slogan of Swell Containers without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Swell Containers and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and Swell Containers's names or logos mentioned on the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
You are granted a limited, non-exclusive right to create a text hyperlink to the Site for noncommercial purposes, provided such link does not portray Swell Containers or any of its products or services in a false, misleading, derogatory or otherwise defamatory manner, and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use Swell Containers's logo or other proprietary graphic of Swell Containers to link to this Site without the express written permission of Swell Containers. Further, you may not use, frame or utilize framing techniques to enclose any of Swell Containers's trademarks, logos or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without Swell Containers's express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Swell Containers or any third party.
Swell Containers makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Site, or websites linking to the Site. Such sites are not under the control of Swell Containers and Swell Containers is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Swell Containers provides these links to you only as a convenience and the inclusion of any link does not imply affiliation, endorsement or adoption by Swell Containers of any site or any information contained therein. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.
Swell Containers may provide third party content on the Site and may provide links to web pages and content of third parties (collectively, "Third Party Content") as a service to those interested in this information. Swell Containers does not control, endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness. You acknowledge and agree that Swell Containers is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review such Third Party Content. Users use such Third Party Content contained therein at their own risk.
You acknowledge and agree that any materials, including but not limited to questions, comments, feedback, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, regarding the Site, Swell Containers or its products or services ("Submissions") that are provided by you in the form of email or other submissions to Swell Containers are non-confidential and shall become the sole property of Swell Containers. Swell Containers shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you, as may be prompted by any registration form on the Site ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data and any other information you provide to Swell Containers to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to Swell Containers.
Forward-Looking Statements. This Site, and any documents issued by Swell Containers and available through this Site, may contain statements which constitute forward-looking statements within the meaning of the U.S. Private Securities Litigation Reform Act of 1995. Forward-looking statements can be identified by the fact that they dll as other information included under the caption "Risk Factors" and/or in other filings with the Securities and Exchange Commission, identifies important factors that could cause actual results to differ from those contemplated by forward-looking statements. Swell Containers undertakes no obligation to update forward-looking statements to reflect events or circumstances that occur after the date the statements were made.
Press Releases. The information contained within press releases issued by Swell Containers should not be deemed accurate or current except as of the date the release was posted. Swell Containers has no intention of updating, and specifically disclaims any duty to update, the information in the press releases. To the extent any information therein is forward-looking, it is intended to fit within the safe harbor for forward-looking statements, and is subject to material risk.
Third-Party Financial Information. Swell Containers may provide links to third-party websites or services that contain financial or investment information about Swell Containers. Access to such websites and the information contained therein is provided as service to those interested in the information. Swell Containers neither regularly monitors nor has control over the content of third parties' statements or websites. Accordingly, Swell Containers does not endorse or adopt these websites or any information contained therein, including, without limitation, analysts' reports and stock quotes. Swell Containers makes no representations or warranties whatsoever regarding the accuracy or completeness of the content, information, or opinions of third-party websites or other third-party information that is identified on the Site. Users visit these websites and use the information contained therein at their own risk.
You agree to defend, indemnify and hold harmless Swell Containers, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to (a) your use of the Site; (b) any Submissions you provide; (c) your violation of these Terms; (d) your violation of any rights of another; or (e) your conduct in connection with the Site.
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY SWELL CONTAINERS, THE SITE, THE SITE MATERIALS AND THE SERVICES PROVIDED ON OR IN CONNECTION THEREWITH (THE "SERVICES") ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. SWELL CONTAINERS DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT AND MATERIALS IN THE SITE. SWELL CONTAINERS DOES NOT REPRESENT OR WARRANT THAT MATERIALS ON THE SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE.
WHILE SWELL CONTAINERS ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITE AND THE SERVICES SAFE, SWELL CONTAINERS CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
Swell Containers reserves the right to change any and all content contained in the Site and any services offered through the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Swell Containers.
IN NO EVENT SHALL SWELL CONTAINERS, ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITE, THE SERVICES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM SWELL CONTAINERS, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO SWELL CONTAINERS'S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF SWELL CONTAINERS, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO SWELL CONTAINERS FOR ACCESS TO OR USE OF THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
Swell Containers reserves the right to modify or discontinue, temporarily or permanently, the Site or any features or portions thereof without prior notice. You agree that Swell Containers will not be liable for any modification, suspension or discontinuance of the Site or any part thereof.
These Terms and your use of the Site shall be governed by and construed in accordance with the laws of California, applicable to agreements made and to be entirely performed within the state of California, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state and federal courts located in San Francisco County, California and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms.
Notwithstanding any of these Terms, Swell Containers reserves the right, without notice and in its sole discretion, to terminate your license to use the Site, and to block or prevent your future access to, and use of, the Site.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
Questions or comments about the Site or these Terms may be directed to Swell Containers by emailing info@swellcontainers.com or calling (510) 221-3496.