Terms of service

OVERVIEW

This website is operated by Swrve LLC, a Nebraska limited liability company registered in Lincoln, Nebraska (“swrve,” “we,” “us,” or “our”). swrve offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by these Terms of Service (“Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink.

Our store is hosted on Shopify Inc. Order fulfillment and shipping are handled by a third-party logistics provider (“3PL”) located in Los Angeles, California.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms, you represent that you are at least the age of majority in your jurisdiction, or that you have given consent for any minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose and must not violate any applicable laws or regulations.

You agree not to transmit any worms, viruses, or any code of a destructive nature.

We reserve the right to refuse service to anyone at any time. A breach of these Terms may result in termination of your access to the Service.

SECTION 2 - MOBILE TERMS

By providing your mobile phone number and opting in, you consent to receive recurring automated marketing and transactional SMS/text messages from swrve LLC.

Consent is not a condition of purchase. Message frequency may vary. Message and data rates may apply. You may opt out at any time by replying STOP or following unsubscribe instructions. For help, reply HELP or contact orders@swrve.us.

We are not responsible for delayed or undelivered messages. Carriers are not liable for delayed or undelivered messages.

You agree to provide a valid mobile number and keep it updated.

SECTION 3 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone at any time for any reason.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service without our express written permission.

Payment information is processed securely via industry-standard encryption. We do not store full payment card details.

SECTION 4 - ACCURACY OF INFORMATION

We are not responsible if information on this site is not accurate, complete, or current. Content is provided for general information only and should not be relied upon as the sole basis for decision making.

We may update or modify site content at any time without obligation to update prior information.

SECTION 5 - MODIFICATIONS TO SERVICE AND PRICES

Prices for products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part thereof) without notice and without liability.

SECTION 6 - PRODUCTS AND ORDERS

Products may be offered in limited quantities and are subject to availability and our Return Policy.

We make reasonable efforts to display product colors and images accurately, but we cannot guarantee exact color representation across devices.

We reserve the right to limit quantities, refuse orders, or cancel orders at our discretion, including orders that appear to be placed by resellers, distributors, or fraudulent actors.

You agree to provide accurate, current, and complete billing and account information for all purchases.

We reserve the right to cancel or refuse any order suspected of fraud, unauthorized activity, or pricing errors, and may request additional verification before fulfilling an order.

SECTION 7 - SHIPPING AND FULFILLMENT

All orders are fulfilled and shipped from our third-party logistics provider (3PL) located in Los Angeles, California.

Shipping times are estimates only and are not guaranteed.

Title and risk of loss transfer to you upon delivery of the order to the carrier.

We are not responsible for delays, loss, or damage caused by carriers. However, we will make reasonable efforts to assist in resolving shipping issues, which may include filing claims with the carrier and offering replacements or refunds at our discretion.

Additional shipping details are outlined in our Shipping Policy.

SECTION 8 - OPTIONAL TOOLS

We may provide access to third-party tools “as is” and without warranties or endorsements. Use of such tools is entirely at your own risk.

SECTION 9 - THIRD-PARTY LINKS

Certain content, products, or services available via our Service may include materials from third parties.

We are not responsible for examining or evaluating third-party content and do not warrant or assume liability for any third-party materials, websites, or services.

SECTION 10 - USER CONTENT AND SUBMISSIONS

If you submit content, feedback, or materials, you grant us a non-exclusive, royalty-free, worldwide license to use, reproduce, and display such content for business purposes.

You retain ownership of your content and are solely responsible for ensuring it does not violate any laws or third-party rights.

SECTION 11 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

California residents may have additional rights under applicable law as described in our Privacy Policy.

SECTION 12 - ERRORS AND OMISSIONS

We reserve the right to correct any errors, inaccuracies, or omissions and to update or cancel orders if any information is inaccurate at any time without prior notice.

SECTION 13 - PROHIBITED USES

You are prohibited from using the site or its content for any unlawful purpose, to solicit unlawful acts, to violate regulations, to infringe intellectual property rights, to harass or discriminate, to submit false information, to upload malicious code, or to attempt to interfere with the security of the Service.

We reserve the right to terminate your use of the Service for violations of any prohibited uses.

SECTION 14 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

The Service and all products delivered through the Service are provided “as is” and “as available” without warranties of any kind, either express or implied.

To the fullest extent permitted by law, swrve LLC shall not be liable for any indirect, incidental, punitive, or consequential damages arising from your use of the Service or products.

In no event shall our total liability exceed the amount paid by you for the product giving rise to the claim.

SECTION 15 - FORCE MAJEURE

We are not liable for any delay or failure to perform due to causes beyond our reasonable control, including but not limited to natural disasters, labor disputes, supply chain disruptions, carrier delays, internet outages, or governmental actions.

SECTION 16 - INDEMNIFICATION

You agree to indemnify, defend, and hold harmless swrve LLC and its affiliates, employees, contractors, and service providers from any claims arising out of your breach of these Terms or violation of any law or rights of a third party.

SECTION 17 - SEVERABILITY

If any provision of these Terms is determined to be unlawful or unenforceable, the remaining provisions shall remain in full force and effect.

SECTION 18 - TERMINATION

These Terms are effective unless and until terminated. We may terminate or suspend access to our Service at any time for violations of these Terms.

SECTION 19 - ENTIRE AGREEMENT

These Terms, along with our Privacy Policy and any referenced policies, constitute the entire agreement between you and swrve LLC regarding use of the Service.

SECTION 20.1 - GOVERNING LAW AND DISPUTE RESOLUTION

swrve LLC is organized as a limited liability company under the laws of the State of Nebraska, with its principal place of business in Lincoln, Nebraska. These Terms of Service shall be governed by and construed in accordance with the laws of the State of Nebraska, without regard to any conflict of law principles that would require application of the laws of another jurisdiction.

Nothing in this section limits or waives any rights you may hold under the mandatory consumer protection laws of the jurisdiction in which you reside that cannot be overridden by contract. Where applicable law requires that the law of your jurisdiction govern a specific aspect of your transaction — such as implied warranty rights, product liability, or consumer remedies — those provisions shall apply to that specific aspect notwithstanding this governing law clause.

SECTION 20.2 - INFORMAL RESOLUTION

Before initiating any formal legal proceeding, both parties agree to make a good-faith effort to resolve any dispute informally. You may contact us at orders@swrve.us with a written description of your claim. We will attempt to respond and resolve the matter within thirty (30) days. This informal process is a prerequisite to arbitration except where immediate injunctive relief is sought.

SECTION 20.3 - BINDING ARBITRATION

If informal resolution is unsuccessful, any dispute, claim, or controversy arising out of or relating to these Terms, your use of the Service, or any product purchased through the Service shall be resolved by final and binding individual arbitration, rather than in court, except as provided in Sections 20.4 and 20.5 below.

Arbitration shall be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, which are available at www.adr.org. The arbitration shall take place in Lancaster County, Nebraska, or — at your election — by telephone or video conference. The arbitrator shall apply Nebraska law, subject to Section 20.1 above, and shall have authority to award any remedy available at law or in equity on an individual basis.

You and swrve LLC each waive the right to a jury trial and the right to participate in any class action, class arbitration, or other representative proceeding, to the fullest extent permitted by applicable law. If a court of competent jurisdiction finds this class action waiver unenforceable as applied to a particular claim, that claim may proceed in court while all other claims proceed in arbitration.

This arbitration agreement does not affect any non-waivable statutory rights you hold under the law of your jurisdiction.

SECTION 20.4 - SMALL CLAIMS EXCEPTION

Either party may bring an individual claim in a small claims court of competent jurisdiction in lieu of arbitration, provided the claim qualifies under that court's jurisdictional rules and remains an individual action throughout the proceeding.

SECTION 20.5 - INJUNCTIVE RELIEF AND INTELLECTUAL PROPERTY

Notwithstanding any other provision of this Section, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights or confidential information. Such a filing does not waive either party's right to arbitrate the underlying claim.

SECTION 20.6 - VENUE FOR NON-ARBITRATED CLAIMS

For any claim not subject to arbitration under this Section, you agree to submit to the exclusive personal jurisdiction of the state and federal courts located in Lancaster County, Nebraska, and you waive any objection to the laying of venue in those courts. This consent to jurisdiction is without prejudice to any mandatory venue rights you hold under the law of your jurisdiction that cannot be waived by contract.

SECTION 20.7 - FULFILLMENT OPERATIONS

swrve LLC fulfills and ships orders through an independent third-party logistics provider (3PL) located in Los Angeles, California. The use of a California-based 3PL does not constitute Swrve LLC maintaining a place of business, registered agent, or operational presence in California. swrve LLC does not concede general jurisdiction in California by virtue of this fulfillment arrangement. All contractual claims arising from your purchase shall be governed as set forth in Sections 20.1 through 20.6 above.

SECTION 21 - CHANGES TO TERMS

We reserve the right to update or modify these Terms at any time. Continued use of the website constitutes acceptance of those changes.

SECTION 22 - ACCESSIBILITY

We strive to meet applicable accessibility standards and welcome feedback if you encounter any barriers using our website.

SECTION 23 - CONTACT INFORMATION

Questions about these Terms should be sent to: orders@swrve.us