Note: this Site is NOT intended for children under 13. You must be at least 13 years old to use the Site.
SECTION 1: NOTICE REGARDING FUTURE CHANGES TO TERMS
We may make modifications to these Terms at any time. Any changes we make will be effective immediately upon our posting of the revised version of these Terms on the Site. The “Last Updated” date tells you when these Terms were last modified. By visiting or using the Site or purchasing a product or service from the Site, you agree to these modifications and agree you will be bound by the most recent set of Terms.
SECTION 2: NOTICE REGARDING ARBITRATION PROVISION AND CLASS ACTION WAIVER
IF YOU LIVE IN THE UNITED STATES, PLEASE READ THE BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER IN SECTION 16. IT AFFECTS HOW DISPUTES BETWEEN US WILL BE RESOLVED
SECTION 3: ACCOUNT REGISTRATION
You are free to browse the Site without creating an account with us. However, if you wish to engage in certain activities or take advantage of certain features—for example, the ordering of a 172155.1 product—you may be required to create an account. Also when you create an account, you are signing up in conjunction to the site's newsletter which will be sent via email as this will provide information regarding the rewards program, offers, and related materials. When creating an account, you should not select a username that would include the name of another person in an attempt to impersonate them. Also, your username should not be vulgar, crude or offensive, and we have the right to determine, in our unfettered discretion, to determine if you have violated that rule. In selecting your username and password, you should select terms that are personal to you and keep them a secret. We will not be responsible or liable for any harm or damages caused by the fact that someone else used your username and password. If you have reason to believe your username and/or password has been compromised, you agree to let us know immediately. Note that you have no ownership in your account or in your username, and we may refuse registration, cancel an account or deny you access to the Site for any reason.
SECTION 4: PRODUCTS AND PRICES
Our goal is to provide accurate product descriptions and product pricing on this Site, but pricing errors and typographical errors may occur from time to time. We do not guarantee the availability of any product described on this Site. All prices shown are prior to any applicable duties, taxes or shipping costs. We reserve the right to limit quantities and to correct errors or omissions prior to processing a purchase order. Unless state law provides otherwise, we are not liable for any errors or omissions on this Site or for unavailability of any product. Information including product availability and pricing is subject to change.
SECTION 5: DISCLAIMER REGARDING INFORMATION AND PRODUCTS
Jim Stoppani is not a medical doctor or a licensed medical professional. Information contained in this Site is intended for informational purposes only and is not a substitute for the advice of a qualified, licensed healthcare professional. Sway Fitness is not responsible for, and shall not be liable for, your or any other person’s actions or decisions taken in reliance on the information on this Site. Our products are not prescription medicines, should not be used as a substitute for medically-supervised treatment or therapy, and are not intended to diagnose, treat, cure, or prevent any disease. You should always consult with a qualified and licensed healthcare professional before beginning any diet or exercise program, before taking any dietary supplement, or if you have or suspect you might have a medical condition or health problem.
SECTION 6: TERMINATION OF PRODUCTS AND SERVICES
Sway Fitness has the right to terminate, without prior notice, some or all of its services or any portion or feature thereof. Sway Fitness also has the right to cease selling or offering for sale any products.
SECTION 7: COMPLIANCE WITH LAW
You agree that your use of the Site complies with all applicable laws, rules, and regulations that may apply to you. A non-exhaustive list of things that would violate this provision include:
- Use someone else’s account without their provision.
- Use the Site to claim you are expressly or impliedly endorsed by Sway Fitness.
- Submit or provide links that are harmful, obscene, sexually explicit, indecent, violent, profane, insulting, harassing, or otherwise objectionable.
- Submit or provide links or information in an attempt to harass, victimize, degrade or intimidate another.
- Engage in spamming, phishing or flooding.
- Violate the rights of another person or company, including their intellectual property rights.
SECTION 8: TESTIMONIAL DISCLAIMER
In accordance with the FTC guidelines concerning the use of endorsements and testimonials in advertising, please be aware of the following:
Testimonials appearing on this website are received in various forms via a variety of submission methods. The testimonials reflect the real-life experiences of individuals who used our products and/or services. Of course, everybody is different, and individual results may vary. We do not claim, nor should you assume, that any individual experience recounted is typical or representative of what you or any other consumer might experience. Testimonials are not necessarily representative of what anyone else using our products and/or services may experience. The people giving testimonials on this website may have been compensated with free products or discounts for use of their experiences.
The testimonials displayed may have been corrected for grammatical or typing error corrections; may have been edited for clarity; may have been shortened; and may have had information removed when the inclusion of such information would have been unlawful. Sway Fitness is not responsible for the opinions or comments posted on this website and does not necessarily share the opinions, views or commentary of postings on this website. All opinions expressed are strictly the views of the poster or reviewer.
Testimonials on this website are not intended, nor should they be construed, as claims that the products or services mentioned can be used to diagnose, treat, cure, mitigate or prevent any disease. To the contrary, our products are not intended to diagnose, treat, cure, or prevent any disease. No testimonial has been clinically proven or evaluated, and no medical claims whatsoever were made and no statements on this website have been evaluated by the FDA.
SECTION 9: OWNERSHIP OF CONTENT
The Site and everything in it, including, among other things, data, text, designs, logos, illustrations, images, artwork, photographs, audio and video clips, HTML code, and source code (collectively “Content”) are owned by us or one of our licensors. Our Content is protected by intellectual property laws in the U.S. and other countries, including those relating to trade dress, trademark, copyright, and patents.
We grant you a limited, conditional, no-cost, non-exclusive, non-transferable, non-sub-licensable license to view the Site and its Content. In agreement, you will comply with applicable laws (see Section 4) and further agree you will not:
- Submit any software or other material that contains a virus, worm, ransomware, Trojan horse, defect, or other item of a destructive nature.
- Modify, adapt, reverse engineer, decompile or disassemble any portion of the Site.
- Violate our intellectual property rights by using, without permission, our images, logos, audio and video clips, etc.
- Take any inaction that would impose an unreasonable large load on our servers.
- Reproduce, copy, modify, transmit, display, or publish the Site or any portion of it.
SECTION 10: FORUMS AND USER CONTENT
We may host forums, message board, blog feeds, and social media feeds. In addition, we may permit you to submit comments, reviews, suggestions, and the like (“User Content”).
By submitting User Content, you certify you are at least 18 years old, or you are at least 13 years old and have obtained your parent’s or legal guardian’s express consent to submit User Content.
You own the rights to your User Content, but by submitting it to us, you grant a worldwide, non-exclusive, transferable, sublicensable, royalty-free right and license to use, reproduce, modify, create derivative works, distribute, perform, display, archive, and commercialize your User Content. This license does not affect your ownership of the User Content, but you will not be allowed to make or authorize any claim against us that our use of your User Content infringes any of your rights, including your intellectual property rights.
Please note that statements, opinions, and reviews posted by others in a forum may be inaccurate, offensive, obscene, threatening or harassing. We do not endorse or are responsible for such postings. If you rely on a posting and it harms you in some way, we will not be responsible or liable for such harm.
You will be responsible for your User Content and the consequences of posting it. If we are notified your User Content does not comply with these Terms or applicable law, we may conduct an investigation, remove your User Content, cancel your account, and/or require you pay or reimburse us for any amount we believe is necessary to resolve any complaint.
SECTION 11: CLAIMS OF COPYRIGHT INFRINGEMENT
You may read more information about the Digital Millennium Copyright Act of 1998 (“DMCA”) at http://www.loc.gov/copyright
Under the DMCA if you believe in good faith that any content on the Site—for example, User Content on a forum—infringes your copyright, you may send us a notice requesting that the content be removed.
The notice must include: (a) your (or your agent’s) physical or electronic signature; (b) identification of the copyrighted work on our Site that is claimed to have been infringed (or a representative list if multiple copyrighted works are included in one notification); (c) identification of the content that is claimed to be infringing or the subject of infringing activity, including information reasonably sufficient to allow us to locate the content on the Site; (d) your name, address, telephone number and email address (if available); (e) a statement that you have a good faith belief that use of the content in the manner complained of is not authorized by you or your agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that you or your agent is authorized to act on behalf of the copyright owner.
If, on the other hand, you are the recipient of a takedown notice under the DMCA, but you believe in good faith that a notice of copyright infringement has been wrongly filed against you, you may send us a counter-notice.
Notices and counter-notices should be sent to email@example.com. There can be penalties for false claims under the DMCA. We suggest that you consult your legal advisor before filing a notice or counter-notice.
SECTION 12: RULES FOR SWEEPSTAKES, CONTESTS AND GAMES
From time to time, the Site may contain information about sweepstakes, contests, games or other promotions (“Promotions”). Many times, these Promotions will have specific rules that are different from or in addition to these Terms. If you participate in a Promotion, you will become subject to the Promotion’s specific rules.
If there is a conflict between the specific rules of a Promotion or these Terms, the rules of the Promotion will control except with respect to the arbitration agreement and class action waiver set forth in Section 16. Section 16 always controls and always applies in all circumstances.
SECTION 13: SWAY FITNESS REWARDS PROGRAM
The Sway Fitness Rewards® Program is for personal use and orders only. We reserve the right to restrict or prohibit users from accessing certain benefits or features offered to Sway Fitness Rewards Members when abuse is identified at our full discretion.
SECTION 14: DISCLAIMER OF WARRANTIES
WE PROVIDE THE SITE AND THE CONTENT TO YOU “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AND TO THE EXTENT THAT APPLICABLE LAW PERMITS THE DISCLAIMER OF EXPRESS OR IMPLIED WARRANTIES, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE.
YOUR USE OF THE SITE IS AT YOUR OWN RISK. WHILE WE TRY TO KEEP THE SITE UP, BUG-FREE, AND SAFE, WE CANNOT AND DO NOT GUARANTEE THAT THE SITE WILL ALWAYS BE SAFE, SECURE, OR ERROR-FREE, OR THAT THE SITE WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION OF THIRD PARTIES, AND YOU RELEASE US FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.
SECTION 15: LIMITATION OF LIABILITY
IN NO EVENT WILL WE OR OUR SUPPLIERS, ADVERTISERS, AND SPONSORS, BE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSEFOR, AND YOU HEREBY KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY TYPE OTHER THAN OUT OF POCKET EXPENSES, AND ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THE SITE, THE CONTENT, OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER THE CLAIM IS BASED UPON ANY CONTRACT, TORT, OR OTHER LEGAL OR EQUITABLE THEORY.
WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WE WILL HAVE NO LIABILITY ORRESPONSIBILITY WHATSOEVER FOR (a) ANY FAILURE OF ANOTHERUSER OF THE SITE TO CONFORM TO THESE TERMS, (b) PERSONALINJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE, (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (d) ANY BUGS, VIRUSES, WORMS, RANSOMEWARE, TROJAN HORSES, OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE, OR
YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE ALLOCATION OF RISK BETWEEN US IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US. OUR AGGREGATE LIABILITY ARISING OUT OF THESE TERMS OR THE USE OF THE SITE WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE.
OUR LIABILITY WILL BE LIMITED UNDER THIS PARAGRAPH TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. HOWEVER, THE PROVISIONS OF THIS PARAGRAPH WILL NOT APPLY TO THE EXTENT APPLICABLE LAW PERMITS THE RECOVERY OF DAMAGES, ATTORNEYS' FEES OR COSTS OTHERWISE PROHIBITED UNDER THIS PARAGRAPH.
THE PROVISIONS OF THIS PARAGRAPH THAT (A) PROHIBIT DAMAGES TO BE MULTIPLIED OR OTHERWISE INCREASED, (B) IMPOSE A DAMAGES LIMITATION OF THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS, AND (C) PROHIBIT THE RECOVERY OF ATTORNEYS' FEES AND COSTS, DO NOT APPLY IN CERTAIN STATES, INCLUDING WITHOUT LIMITATION NEW JERSEY, TO CLAIMS BROUGHT UNDER STATUTES PERMITTING SUCH RECOVERY.
SECTION 16: INDEMNITY
If anyone brings a claim against us related to your use of the Site, your User Content, or your violation of these Terms, you agree to indemnify, defend and hold us and, if applicable, our suppliers, advertisers and sponsors, and each of our officers, directors, employees, and agents, harmless from and against any and all claims, damages, losses and expenses of any kind (including reasonable legal fees and costs). We reserve the right to take exclusive control and defense of any claim, and you will cooperate fully with us in asserting any available defenses.
SECTION 17: DISPUTE RESOLUTION, BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER
We hope there is never a dispute between us. If a dispute does arise, we will try to resolve it informally within 60 days. If informal resolution is not successful, then, with the exceptions discussed below, we agree to submit any dispute to binding arbitration before the American Arbitration Association (“AAA”) under the Federal Arbitration Act (“FAA”). This means we agree we will not sue each other in a court of law in front of a judge or a jury. Instead, a neutral arbitrator will hear the dispute and render a final decision.
Note, further, that for any dispute you have against Sway Fitness, resolution of the dispute must occur on an individual basis only. Class action lawsuits, class-wide arbitrations, private attorney-general actions, and any other proceeding where someone acts in a representative capacity are not permitted nor is combining individual proceedings without the consent of all parties. You are expressly waiving your right to bring and participate in a class action. You can, however, bring a claim for public injunction in the arbitration.
- Disputes Covered and the IP Exception. The term “dispute” is as broad as it can be. It includes any claim or controversy between you and Sway Fitness arising out of, relating to, in connection with, or concerning the Site, the Content, your User Content, any service or product marketed, sold, distributed or provided by us, or these Terms, under any legal theory including contract, warranty, tort, statute, or regulation, except disputes relating to the enforcement or validity of your or our intellectual property rights.
- Informal Resolution. If you have a dispute, please send a Notice of Dispute by U.S. Mail to Sway Fitness LLC,31300 Via Colinas, Suite 101, Westlake Village, California 91362. In the Notice of Dispute, include your full name, address, how to contact you (including e-mail address), what the problem is, and what you want. We’ll do the same if we have a dispute with you. Upon receipt of a Notice of Dispute, we will attempt to resolve our dispute informally within 60 days. If no resolution is reached in 60 days, you or we may either file a claim in small claims court or start an arbitration.
- Small Claims Court Exception. Instead of commencing an arbitration, we can sue each other in small claims court in your county of residence (or, if a business, your principal place of business).
- Arbitration Procedure. The AAA will conduct any arbitration under its Commercial Arbitration Rules (or, if appropriate because you are an individual consumer or the value of the dispute is $75,000 or less, its Consumer Arbitration Rules). For more information, see www.adr.org or call 1-800-778-7879.
To start an arbitration, you must follow the AAA Rules. In a dispute involving $25,000 or less, any hearing will be telephonic unless the arbitrator finds good cause to hold an in-person hearing instead. Any in-person hearing will take place in your county of residence (or, ifa business, your principal place of business) or in Westlake Village, California. It is up to you to choose the location. Like in a court, the arbitrator may award damages (on an individual basis), declaratory relief (on an individual basis), or injunctive relief (both private and public). Under AAA Rules, the arbitrator rules on his or her own jurisdiction, including the arbitrability of any claim, but a court has the authority to enforce the prohibition on arbitration on a class-wide basis or in a representative capacity.
- Arbitration Fees and Payments.
- Consumer Disputes or Disputes Involving $75,000 or Less. You will be responsible for the filing fee, but Sway Fitness will be responsible for the AAA’s Case Management Fee and the arbitrator’s fees and expenses. If you happen to pay the Case Management Fee or an arbitrator fee, Sway Fitness will reimburse you.
- Non-Consumer Disputes Involving More than $75,000. The AAA rules will govern payment of filing fees and the AAA’s and arbitrator’s fees and expenses.
- Conflict with AAA Rules. These Terms govern to the extent they conflict with the AAA’s Commercial Arbitration Rules or Consumer Arbitration Rules.
- One Year Window To File. You and Sway Fitness must file in small claims court or arbitration any claim or dispute (except intellectual property disputes) within one year from when it first could be filed. Otherwise, it’s permanently barred.
- Opt-Out Exception. If you do not wish to be bound by the binding arbitration provision and class-action waiver, you must notify us in writing within 30 days of the date you first accept these Terms (unless the law provides a longer period). Your written notification must be sent by first-class mail to: Sway Fitness LLC, 31300 Via Colinas, Suite 101, Westlake Village, California 91362. Please include your full name, address, how to contact you (including e-mail address), and a statement indicating you wish to opt-out of the arbitration provision. If you do not opt-out within the time period set forth herein, you will be bound by the arbitration provision and the class action waiver in these Terms, including any provisions in any Terms revised after the date of your first acceptance.
SECTION 18: MISCELLANEOUS PROVISIONS
- You may find links to third party websites on the Site. These third-party websites are not owned or operated by us. The fact that a link to these sites appears on our website does not mean we approve, endorse, or control those websites. We are not responsible for those websites or their privacy practices, and your use of those websites is at your own risk.
- As noted above, this Site is intended for children over the age of 13. That said, we cannot prohibit younger children from viewing the Site. Parents and guardians should determine what materials are suitable for their younger children and should implement protections (such as filtering services) to implement their wishes.
SECTION 19: CONTACT INFORMATION
If you have any questions or concerns regarding these Terms, you can always reach out to us at firstname.lastname@example.org.