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Terms & Conditions

ELECTRONIC COMMUNICATIONS

When you use any Swamp Yankee Service, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other Swamp Yankee Services, such as our Message Center, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT

All content included in or made available through any Swamp Yankee Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Swamp Yankee or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Swamp Yankee Service is the exclusive property of Swamp Yankee and protected by U.S. and international copyright laws.

TRADEMARKS

In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Swamp Yankee Service are trademarks or trade dress of Swamp Yankee in the U.S. and other countries. Swamp Yankee's trademarks and trade dress may not be used in connection with any product or service that is not Swamp Yankee's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Swamp Yankee. All other trademarks not owned by Swamp Yankee  that appear in any Swamp Yankee Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Swamp Yankee.

PATENTS

One or more patents owned by Swamp Yankee apply to the Swamp Yankee Services and to the features and services accessible via the Swamp Yankee Services. Portions of the Swamp Yankee Services operate under license of one or more patents. 

LICENSE AND ACCESS

Subject to your compliance with these Conditions of Use and your payment of any applicable fees, Swamp Yankee or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Swamp Yankee Services. This license does not include any resale or commercial use of any Swamp Yankee Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Swamp Yankee Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Swamp Yankee or its licensors, suppliers, publishers, rights holders, or other content providers. No Swamp Yankee Service, nor any part of any Swamp Yankee Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Swamp Yankee. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Swamp Yankee without express written consent. You may not use any meta tags or any other "hidden text" utilizing Swamp Yankee's name or trademarks without the express written consent of Swamp Yankee. You may not misuse the Swamp Yankee Services. You may use the Swamp Yankee Services only as permitted by law. The licenses granted by Swamp Yankee terminate if you do not comply with these Conditions of Use or any Service Terms.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

Visitors may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Swamp Yankee reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant Swamp Yankee a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Swamp Yankee and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Swamp Yankee for all claims resulting from content you supply. Swamp Yankee has the right but not the obligation to monitor and edit or remove any activity or content. Swamp Yankee takes no responsibility and assumes no liability for any content posted by you or any third party.

COPYRIGHT COMPLAINTS

Swamp Yankee respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us.

RISK OF LOSS

All items purchased from Swamp Yankee are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

RETURNS, REFUNDS AND TITLE

Swamp Yankee does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, Swamp Yankee does not take title to the refunded item. For more information about our returns and refunds, please contact us.

PRODUCT DESCRIPTIONS

Swamp Yankee attempts to be as accurate as possible. However, Swamp Yankee does not warrant that product descriptions or other content of any Swamp Yankee Service is accurate, complete, reliable, current, or error-free. If a product offered by Swamp Yankee itself is not as described, your sole remedy is to return it in unused condition.

PRICING

"List Price" means the suggested retail price of a product as provided by a manufacturer, supplier, or seller. We regularly check List Prices against prices recently found on Swamp Yankee and other retailers. Certain products may have a "Was Price" displayed, which is determined using recent price history of the product on Swamp Yankee.

With respect to items sold by Swamp Yankee, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by Swamp Yankee is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item.

We generally do not charge your credit card until after your order has entered the shipping process or, for digital products, until we make the digital product available to you.


OTHER BUSINESSES

Parties other than Swamp Yankee operate stores, provide services, or sell product lines through the Swamp Yankee Services. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. Swamp Yankee does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE SWAMP YANKEE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SWAMP YANKEE SERVICES ARE PROVIDED BY SWAMP YANKEE ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. SWAMP YANKEE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SWAMP YANKEE SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SWAMP YANKEE SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SWAMP YANKEE SERVICES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SWAMP YANKEE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SWAMP YANKEE DOES NOT WARRANT THAT THE SWAMP YANKEE SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SWAMP YANKEE SERVICES, SWAMP YANKEE'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM SWAMP YANKEE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SWAMP YANKEE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY SWAMP YANKEE SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY SWAMP YANKEE SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

DISPUTES

Any dispute or claim relating in any way to your use of any Swamp Yankee  Service, or to any products or services sold or distributed by Swamp Yankee or through SwampYankee.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.


APPLICABLE LAW

By using any Swamp Yankee Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Washington, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Swamp Yankee.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies. These policies also govern your use of Swamp Yankee Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.