Terms and Policy
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SWK Holding Terms and Policy
Terms & Policy
Your use of the SWKHOLDING.COM (“Website”) is conditioned upon Your acceptance of these legal terms of use including our privacy policy.
SWK BUSINESS the company via SWK HOLDING reserves the right, in its sole discretion, to modify or update these legal terms of use from time to time with immediate effect and without advance notice to You. It is Your responsibility to review these legal terms of use periodically for updates.
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AFTER READING THESE LEGAL TERMS AND CONDITIONS OF USE, IF FOR ANY REASON YOU DO NOT AGREE WITH OR CAN NOT ABIDE BY THESE TERMS OF USE OR OUR PRIVACY POLICY, |
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PLEASE EXIT THIS WEBSITE IMMEDIATELY. OTHERWISE, BY ACCESSING AND USING THIS WEBSITE, YOU ARE AGREEING TO THESE TERMS OF USE AND OUR PRIVACY POLICY. |
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RIGHTS TO CONTENTS AND INTELLECTUAL PROPERTY |
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The copyrights to all original materials, content, selection, and arrangement of the Website (including text, user, and visual interfaces, images, look and feel, design, sound, etc., and any underlying software and computer codes) are proprietary to SWK HOLDING, its parents, affiliates, subsidiaries, or third-party licensors. You may not copy, reproduce, post on any other website, republish, upload, encode, modify, translate, publicly perform or display, commercially exploit, distribute or transmit any portion of this Website or make any derivative works from this Website in any way without the express prior written consent of SWK HOLDING. Any name, logo, trademark, service mark, patent, design, copyright, domain name, or other intellectual property appearing on this Website is owned or licensed by SWK HOLDING or its parents, affiliates, or subsidiaries and may not be used by You without the prior written consent of SWK HOLDING or the appropriate owner. Your use of this Website does not grant You any right, title, interest, or license to any such intellectual property appearing on this Website. Any unauthorized use of the content of this Website may subject You to civil or criminal penalties. |
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USE OF THIS WEBSITE |
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SWK HOLDING maintains this Website for Your purchases, entertainment, information, and education. You should feel free to browse the Website. However, all copying (whether electronic, hard copy, or other formats) is prohibited and may breach intellectual property laws and other laws worldwide. All commercial use of all or part of this Website is prohibited except under SWK HOLDING’s express written consent. All rights not expressly granted here are reserved to SWK HOLDING. |
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You may not use any computer program tools, including, but not limited to, web spiders, bots, indexers, robots, crawlers, harvesters, or any other automatic device, program, algorithm, methodology, or any similar equivalent process (“Tools”) to access, acquire, copy or monitor any portion of the Website or content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any content, to obtain or attempt to obtain materials, documents or information through any means not purposely made available through the Website. Tools that use the Website shall be considered agents of the individuals who control or author them. |
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NO WARRANTIES |
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SWK HOLDING via his company SWK BUSINESS DOES NOT REPRESENT THAT THIS WEBSITE OR ANY CONTENT, SERVICE, OR FEATURE OF THIS WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THIS WEBSITE WILL PROVIDE SPECIFIC RESULTS. THIS WEBSITE AND ITS CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON- INFRINGEMENT, OR ACCURACY. SWK HOLDING assumes no responsibility, and shall not be liable for any damages caused by viruses or other forms of contamination or destructive features that may affect Your computer equipment, software, data, or other property on account of Your access to, use of, or browsing in the Website or Your |
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downloading of any materials, text, images, video, or audio from the Website or any linked websites. |
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LIMITATION OF LIABILITY |
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In no event shall SWK HOLDING, its parents, affiliates, subsidiaries or service providers, its licensors, or the officers, directors, employees, shareholders, or agents of each of them, be liable for any damages of any kind, including without limitation any direct, special, incidental, indirect, exemplary, punitive or consequential damages, including lost profits, whether or not advised of the possibility of such damages, and on the theory of liability what so ever, arising out of or in connection with the use or performance of, or Your browsing in, or Your links to other Websites from, this Website. You acknowledge by Your use of this Website, that Your use of this Website is at Your sole risk. Certain laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages: if these apply to You, some or all of the above disclaimers may not apply, and You might have additional rights. |
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INDEMNIFICATION |
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You agree to defend, indemnify and hold SWK HOLDING harmless from and against any claims, damages, costs, and expenses, including reasonable attorney’s fees, arising from or related to Your use of the Website. |
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ADDITIONAL TERMS AND CONDITIONS |
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Additional terms and conditions may apply to purchases of goods and services and specific portions of features of the Website, including but not limited to sales, licenses, contests, sweepstakes, invitations, or other similar features (each an “Application”), all of which additional terms and conditions are made a part |
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of these legal terms of Use by this reference. You agree to abide by such Application terms and conditions. If there is a conflict between these Terms of Use and the terms of the Application, the terms of the Application will control as relating to the Application. |
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PURCHASING FOR RESALE |
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Purchasing artwork depicting Getty Images content from SWK HOLDING, including all Slim Aarons content, for resale is prohibited. Customers of this site may not purchase Getty Images artwork (I) as a professional reseller or (II) set up a retail store or website to sell any Getty Images artwork. |
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COMMUNICATIONS WITH THIS WEBSITE |
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You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate the law. SWK HOLDING will fully cooperate, including but not limited to, maintaining and disclosing any transmittals or communications that You have had with this Website, disclosing Your identity, or helping to identify You, with any applicable law or regulation, law enforcement authorities, court order, or governmental authority. Any communication or material You transmit to the Website by email or otherwise, including data, questions, comments, suggestions, or the like is and will be treated as, non-confidential and non- |
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proprietary. SWK HOLDING cannot prevent the harvesting of information from this Website, and You may be contacted by SWK HOLDING or unrelated parties, by email or otherwise, within or outside of this Website. Anything You transmit may be edited by or on behalf of SWK HOLDING, may or may not be posted to this Website at the sole discretion of SWK HOLDING, and may be used by SWK HOLDING or its affiliates for any purpose, including but not limited to, reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, SWK HOLDING is free to use any ideas, concepts, know-how, or techniques contained in any communication You send to the Website for any purpose whatsoever including, but not limited to, developing, manufacturing, and marketing products use of such information. If You transmit any ideas, concepts, materials, or other communications to the Website, You accept that it will not be treated as confidential and may be used by SWK HOLDING without compensation in any manner whatsoever, including without limitation to reproduction, transmission, publication, marketing, product development, etc. Although SWK HOLDING may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on the Website, SWK HOLDING is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations, on the Website. SWK HOLDING assumes no responsibility or liability for any actions or communications by You or any related third party within or outside of this Website. |
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NOTICE AND PROCEDURE FOR MAKING U.S. CLAIMS OF COPYRIGHT INFRINGEMENT |
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If You believe that Your work has been copied in a way that constitutes copyright infringement, please provide a Notice with the following information to the Website’s Copyright Agent: 1. An electronic or physical signature of the person authorized to act on behalf of the owner of the |
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copyright interest; 3. A description of precisely where the material that You claim is being infringed is located on the Website; 4. Your address, telephone number, and email address; |
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5. A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; 6. A statement by You, made under penalty of perjury, that the above information in Your Notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf. SWK HOLDING’s Copyright Agent for Notice is: SWK HOLDING via SWK Business LLC |
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Irving, TX 75016 We may give notice to our users using a general notice on our website, electronic mail to a user’s email address in our records, or by written communication sent by first-class mail to a user’s physical address in our records. If You receive such a notice, You may provide counter-notification in writing to the designated Copyright Agent. To be effective, the counter-notification must be a written communication that includes the following: 1. Your physical or electronic signature; 2. Identification of the material that has been removed or to which access had been disabled, and the location at which the material appeared before it was removed or access to it was disabled; 3. A statement from You under the penalty of perjury, that You have a good faith belief that the material was removed or disabled as a result of a mistake to misidentification of the material to be removed or disabled; and 4. Your name, physical address, and telephone number, and a statement that You consent to the jurisdiction of the Federal District Court for the judicial district in which Your physical address is located, or if Your physical address is outside of the United States, for any judicial district in which SWK HOLDING may be found, and that You will accept service of process from the person who provided notification of alleged infringing material or an agent of such person. SWK HOLDING may terminate user accounts that have been the subject of five (5) separate DMCA notices. In the event a user’s materials are removed due to a DMCA notice and then subsequently |
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restored due to the filing of a DMCA counter-notification, SWK HOLDING will treat the underlying DMCA notice as withdrawn. SWK HOLDING reserves the right to terminate user accounts that are the subject of fewer than five (5) DMCA notices in appropriate circumstances – such as where the user has a history of violating or willfully disregarding SWK HOLDING’s Terms of Service. |
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NOTICE AND PROCEDURE FOR MAKING U.S. CLAIMS OF TRADEMARK INFRINGEMENT |
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If You believe that Your work has been copied in a way that constitutes trademark infringement, please provide a Notice with the following information to the Website’s trademark Agent: 1. An electronic or physical signature of the person authorized to act on behalf of the owner of the trademark interest; 2. A detailed description of the trademark work that You claim has been infringed; 3. A description of precisely where the material that You claim is being infringed is located on the Website; 4. Your address, telephone number, and email address; |
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trademark owner, its agent, or the law; 6. A statement by You, made under penalty of perjury, that the above information in Your Notice is accurate and that You are the trademark owner or authorized to act on the trademark owner’s behalf. SWK HOLDIG’s Agent for Notice is: SWK HOLDING Irving, TX 75016 We may give notice to our users using a general notice on our website, electronic mail to a user’s email address in our records, or by written communication sent by first-class mail to a user’s physical address in our records. If You receive such a notice, You may provide counter-notification in writing to the designated Copyright Agent. To be effective, the counter-notification must be a written communication that includes the following: 1. Your physical or electronic signature; |
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location at which the material appeared before it was removed or access to it was disabled; 3. A statement from You under the penalty of perjury, that You have a good faith belief that the material was removed or disabled as a result of a mistake to misidentification of the material to be removed or disabled; and 4. Your name, physical address, and telephone number, and a statement that You consent to the jurisdiction of the Federal District Court for the judicial district in which Your physical address is located, or if Your physical address is outside of the United States, for any judicial district in which SWK HOLDING |
may be found, and that You will accept service of process from the person who provided notification of alleged infringing material or an agent of such person.
SWK HOLDING may terminate user accounts that have been the subject of five (5) separate DMCA notices. In the event a user’s materials are removed due to a DMCA notice and then subsequently restored due to the filing of a DMCA counter-notification, SWK HOLDING will treat the underlying DMCA notice as withdrawn. SWK HOLDING reserves the right to terminate user accounts that are the subject of fewer than five (5) DMCA notices in appropriate circumstances – such as where the user has a history of violating or willfully disregarding SWK HOLDING’s Terms of Service.
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TERMINATION |
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At its sole discretion, SWK HOLDING may modify or discontinue the Website or may modify or terminate |
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Your account or Your access to this Website, for any reason, with or without notice to You, and liability to You or any third party. |
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UNAFFILIATED PRODUCTS AND WEBSITES |
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Descriptions of, or references to, products, publications, or Websites not owned by SWK HOLDING or its affiliates do not imply endorsement of that product, publication, or Website. SWK HOLDING has not reviewed all material linked to the Website and is not responsible for the content of any such material. Your linking to any other Websites is at Your own risk. |
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LINKING POLICY |
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This Website may provide, as a convenience to You, links to websites owned or operated by parties other than SWK HOLDING. Each linked website may have its terms and conditions of use, as described in that website’s legal notice/terms of use. Those terms and conditions may be different than these legal terms of use, and we urge You to read each website’s legal notice/ terms carefully before You use that website. SWK HOLDING does not control and is not responsible for the availability, content, or security of these external websites, nor Your experience interacting or using these external websites. SWK HOLDING does not endorse the content, or any products or services available, on such websites. |
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UNITED STATES GOVERNING LAW / VOID WHERE PROHIBITED |
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This Website shall be governed by, and Your browsing in and use of the Website shall be deemed acceptance of and consent to, the laws of the State of Texas, United States of America, without regard to principles of conflict of laws. Notwithstanding the foregoing, this Website may be viewed internationally |
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and may contain references to products or services not available in all countries. References to a particular product or service do not imply that they are appropriate or available to all persons of legal purchasing age in all locations, or that SWK HOLDING intends to make such products or services available in such countries. Any offer for any product, feature, service, or application made on this Website is void where prohibited. Your information will be transferred to SWK HOLDING in the United States, which may be outside of Your own country, and by providing us with our information; You are consenting to such transfer. Although we will use all reasonable efforts to safeguard the confidentiality of any personal information collected, we will not be liable for the disclosure of personal information obtained due to errors in transmission or the unauthorized acts of third parties. |
Information SWK BUSINESS Obtain
We may obtain consumer personal information (such as name, contact details, and payment information) in connection with various activities such as:
- Use of the SWK Business and SWK Holding websites and applications,
- Shipping activities, including delivery and pick-up of shipments,
- Requests to track shipments or answer questions,
- Events in which we participate,
- Promotions and other offers, and
- Calls placed with customer service and accounting centers that may be recorded.
The types of personal information we may obtain include:
Individual and business contact information (such as name, company name, physical address, email address, and telephone or fax number)
Shipping information (such as
I- Shipping-related contact details like the sender’s, consignee’s, and/or neighbor’s (for SWK HOLDING, My Choice’s “leave with a neighbor” feature) name, physical address, email address, and telephone number,
II- Signature for proof of delivery,
III- SWK account number, and
IV- Information is given to us that helps us access locations to which we provide service) and information provided to us regarding the content of certain shipments, but only to the extent, an identifiable person can be linked to such content.
Information that enables us to verify an individual’s identity
Names, email addresses, and telephone numbers of others to whom we are asked to send information
Information provided in response to surveys
Username, password, and other credentials are used to access SWK HOLDING products and services. Social media handles, content, and other data posted on our official social media pages or elsewhere on the Internet (such as other public locations), and information (such as email address and other information you allow to be shared). We obtain through all SWK HOLDING supports and associated via social media apps, tools, widgets, and plug-ins (including third-party login services such as “Login with Facebook”)
The geographic location of your mobile device if you use certain features of our apps
Payment information (including payment card details or online payment services number and invoicing address) and financial information (such as bank account numbers)
Tax identification number in circumstances in which you request products or services for which this information is required, or in connection with certain promotions or prize draws
Other personal information that may be provided to us to obtain an SWK HOLDING and product or service associated.
We also receive consumer personal information from our customers to perform services. We may receive personal information from third parties, including public databases, social media platforms, or third-party partners such as analytics or marketing providers.
When we pick up or deliver a shipment or provide other services, we may obtain physical location data. This includes, for example, data identifying the actual location of a physical address using information such as GPS data, geocodes, latitude and longitude information, and images of the various locations.
In addition, when you visit our websites, use our apps, or interact with SWK HOLDING-related tools, widgets, or plug-ins, we may collect certain information by automated means, such as cookies and web beacons. The information we collect in this manner includes IP address, unique device identifier, browser characteristics, device characteristics, operating system, language preferences, referring URLs, information on actions taken, and dates and times of activity. A “cookie” is a text file that websites send to a visitor’s computer or another Internet-connected device to uniquely identify the visitor’s browser or to store information or settings in the browser. A “web beacon” also known as an Internet tag, pixel tag, or clear GIF, links web pages or apps to web servers and may be used to transmit information back to a web server. Through these automated collection methods, we obtain and store “clickstream” data to tell us usage patterns. We may link certain data elements we have collected through automated means, such as your browser information, with other information we have obtained about you to let us know, for example, whether you have opened an email we sent to you. We also may use third-party analytics tools that collect information about visitor traffic on our websites or apps. Your browser may tell you how to be notified when you receive certain types of cookies or how to restrict or disable certain types of cookies. Please note, however, that without cookies you may not be able to use all the features of our websites or apps. Both we and others (such as our advertising networks) may collect personal information about our visitors’ online activities, over time and across third-party websites, when using our websites and apps.
We collect session analytics information when you visit our websites and applications to help us understand our customers’ online activities – browsing behavior, click patterns, and the pages you visited. This information is also helpful to our experience teams so they can design better experiences for you.
The providers of third-party apps, tools, widgets, and plug-ins on our websites and apps, such as the Facebook “Like” button, also may use automated means to collect information regarding your interactions with these features. This information is subject to the privacy policies or notices of these providers.