Terms of Use and Disclaimer

Legal

PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMER CAREFULLY BEFORE USING THIS WEBSITE.

By accessing any area of this website and shopping on it you agree to be legally bound and to abide by the following terms. If you do not agree to these terms, you may not use this site. Swan Marketing, LLC, dba Swan Threads reserves the right, at any time, to change, modify, alter, or update the terms and conditions governing your use of this site, as deemed necessary. By using the site you also agree to follow the terms and conditions set forth by these changes. Any changes or modifications to the site are effective immediately upon notice thereof, as published and/or posted on this site.

Swan Marketing, LLC, dba Swan Threads respects your privacy. Swan Marketing, LLC, dba Swan Threads does not buy, sell, rent, lease, hock, barter, donate or share email addresses or identifiable information regarding its customers in any way. Any information collected regarding our customers is held with the utmost care and security and will not be used outside Swan Marketing, LLC, dba Swan Threads without your notification and permission.

Order Acceptance

Swan Marketing, LLC, dba Swan Threads reserves the right, without prior notification, to refuse service to any user or limit the order quantity of any items we deem necessary. Verification of information prior to the acceptance of any order may be required. No international orders will be accepted.

Order Cancellations and Returns

Blank merchandise orders may be cancelled before shipment is made. These items usually ship within 2-3 business days from the order date. A 15% restock charge will apply on cancelled blank merchandise orders. 85% of the order cost will be credited to the customer's credit card upon receipt of order cancellation. A request to cancel a blank merchandise order may be called in to (713) 290-9761.

Embroidered, decorated or personalized items may only be cancelled prior to production. A 15% restock charge will apply on canceleld orders prior to their decoration. 85% of the order cost will be credited to the customer's credit card upon receipt of cancellation. Requests to cancel a decorated merchandise order may be called in to (713) 290-9761.

We strive to satisfy our customers and will make every effort to correct our mistakes. Decorated items cannot be accepted for return unless defective, damaged or incorrect item shipped. Call or write within 10 days of receipt of defective decorated or any blank merchandise for a return authorization number which must be clearly labeled on the outside of the box of any authorized returns. Any items returned without an authorization number will not be credited or returned. Return shipments are at customer's expense. Shipping charges are non-refundable.

Returned Checks

Swan Marketing, LLC, dba Swan Threads charges a $25.00 fee for any returned checks. Any fees, legal or non-legal, occurred in the collection process will be charged to the party responsible. This policy extends to credit card fraud also.

Computer Equipment and Services

The user and/or customer is responsible for, and must provide, all computer, telephone andother equipment and services necessary to access this website. In addition, the user-customer is responsible for any access charges incurred through online services, telephone companies or Internet Service Providers used in obtaining access to the site.

Right to Use Trademarks

The site user represents and warrants Swan Marketing, dba Swan Threads that he/she has the right to use, copy and distributre each trademark, trade name, logo, statement, graphic, artwork, name, photograph, portrait, picture, or illustration of any person or any other intellectual property in the way it is printed on, sewn, or otherwise applied to the products ordered by the user or customer from Swan Marketing, LLC, dba Swan Threads.

The user/customer warrants that, in obtaning the material and submitting it to Swan Marketing, LLC, dba Swan Threads for reproduction, he/she has not violated the property rights of a third party. The user/custome further agrees to indemnify and hold harmless Swan Marekting, LLC, dba Swan Threads and its owners, officers, employees and agents from any suit, demand, claim, loss, liability, damage or expense made against Swan Marketing, LLC, dba Swan Threads by reason of breach of this warranty, and also agrees to pay any attorney's fees incurred by Swan Marketing, LLC, dba Swan Threads in defending against any such suit, demand or claim.

The burden to determine that any material is not protected by trademark or other proprietary rights rests with the user/customer. The user/customer is solely responsible for obtaiing proper permissions and licenses, except as may be permitted by copyright law, from third parties whose rights may be violated or infringed upon by the use of any materials protected by trademark, service mark, copyright or other propretary rights.

A customer may not use any logo or other graphic material in a manner that my infringe upon copyright, trademark, service mark or other proprietary mark. A customer also many not use any logo or trademark in a vulgar, libelous, disparaging or otherwise unlawful manner.

Swan Marketing, LLC, dba Swan Threads assumes no responsibility for damages or any wrong doing that the customer may cause using a logo, trademark or copyrighted item. The customer further agrees to indemnify and hold Swan Marketing, LLC, dba Swan Threads harmless from and against any suit, demand, claim, loss, liability, damage or expense made against or incurred by Swan Marketing, LLC, dba Swan Threads by reason of the unauthorized, improper or illegal use of any logo or trademark or copyright that is printed on, sewn or otherwise applied to merchandise ordered or purchased by the customer through Swan Marketing, LLC, dba Swan Threads.

Warranty and Disclaimer Liability

The user acknowledges that use of this site is at his/her sole risk. The site is not warranted to be error free or uninterrupted; hence, there is no warranty as to the results obtained through use of this site. This site and all its contents are provided on an �as is� basis without warranty of any kind, either express or implied, including without-limitation Warranty of Title or Implied Warranties of Merchantability or Fitness for a Particular Purpose.

The user acknowledges, by his/her use of this site, that site usage is at his/her own risk, that the user assumes full responsibility for all costs associated with all necessary servicing or repairs of any equipment used in connection with use of this site, and that Swan Marketing, LLC, dba Swan Threads shall not be liable for any damages of any kind related to the user�s use of this site.

Swan Marketing, LLC, dba Swan Threads� liability to the user, if any, shall not exceed the total of the invoice for products or services provided on the transaction or dispute. Swan Marketing, LLC, dba Swan Threads shall not be liable for indirect, incidental, consequential, reliance or special damages from harm to business, lost profits, lost savings or lost revenues, whether or not Swan Marketing, LLC, dba Swan Threads has been advised of the possibility of such damages.

Swan Marketing, LLC, dba Swan Threads shall not be liable for any damage that the client/user may suffer arising out of use, or inability to use, the products and services provided hereunder unless such damage caused is an intentional act of Swan Marketing, LLC, dba Swan Threads.

The company shall not be liable for unauthrorized access by third parties to the user�s transmission facilities, premises or equipment or for unauthorized access to or alteration, theft, loss or destruction of user�s network, systems, applications, data files, programs, procedures, or information through accident, fraudulent means or devices, or any other method.

These limitations of liability shall apply regardless of the form of action, whether in contract, warranty, strict liability or tort, and shall survive failure of any exclusive remedy. The provisions of this paragraph will survive any sale completed with the client and any change or elimination of the Terms of Service and or the Swan Marketing, LLC, dba Swan Threads website.

All site design, text, graphics, interfaces, and the selection and arrangement thereof are © 2009, Swan Marketing, LLC, dba Swan Threads. ALL RIGHTS RESERVED. Permission is granted to electronically copy and to print hard copy portions of this site for the sole purpose of placing an order with Swan Marketing, LLC, dba Swan Threads or using this site as a shopping resource. Any other use of materials on this site, including reproduction for purposes other than those noted above, modification, distribution, or republication, without prior written permission of Swan Marketing, LLC, dba Swan Threads is strictly prohibited.

All stock embroidery designs have been copyrighted. ALL RIGHTS RESERVED. The designs are reproduced with the prior written consent of the design companies. Making a copy, by any means, of this artwork is a violation of copyright law.