Last updated January 17, 2025
AGREEMENT TO OUR LEGAL TERMS
This website (“SwankyClicks”, the “site”, the “service”) is comprised of various web pages operated by Swanky Enterprises, LLC (“Company,” “we,” “us,” “our”).
These Terms of Use (“Terms”) constitute a legally binding agreement between you (either individually or on behalf of an entity, and in either case, referred to as “you”), and Swanky Enterprises, LLC.
This service is offered to you conditioned on your acceptance without modification of the Terms. Your use of this service constitutes your agreement to all such Terms. Please read these terms and keep a copy of them for your reference. Your continued use of this service is your agreement that you have read, understood, and agreed to the Terms. IF YOU DO NOT AGREE WITH THESE TERMS IN THEIR ENTIRETY, YOU ARE PROHIBITED FROM USING THIS SERVICE AND MUST DISCONTINUE USE IMMEDIATELY.
CHANGES TO TERMS
We reserve the right at our sole discretion to change the Terms under which this service is offered. The most current version of the Terms will supersede all previous versions. Your notification of these changes will be via the “Last updated” date at the top of this document, and you will not receive a specific notification of each change. We encourage you to periodically review the Terms to stay informed of our updates.
PRIVACY
Your use of this service is subject to our Privacy Policy, which is hereby incorporated by reference.
DISCLAIMERS AND DISCLOSURES
Your use of this service is also contingent upon your understanding and agreement to the Disclaimer and Disclosures provided, and hereby incorporated by reference.
ELECTRONIC COMMUNICATIONS
Visiting our Site or sending emails to us constitutes electronic communication. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site satisfy any legal requirement that such communications be in writing.
INTERNATIONAL USERS
This service, and information provided by this service, are intended only for use by persons or entities in jurisdictions where it is legal, and not required that we register with any local agencies. Individuals or entities located in such areas are solely responsible for ensuring the legality of their access to this system, according to local regulations.
NO UNLAWFUL OR PROHIBITIED USE/INTELLECTUAL PROPERTY
You are granted a non-exclusive, non-transferable, revocable license to access and use the Service strictly in accordance with these Terms. As a condition of your use of the Service, you warrant to us that you will not use the Service for any purpose that is unlawful or prohibited by these Terms. You may not use the Service in any manner which could damage, disable, overburden, or impair the Service or interfere with any other party’s use of the Service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Service.
All textual content included as part of the Service is the property of Swanky Enterprises, LLC, and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices: legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content in whole or in part, found on the Service.
You will use our provided content solely for your personal use and will make no other use of the content without our express written permission.
USER SUBMISSIONS
In sending us (via the “Contact Us” page, or via e-mail, or phone) any comment, suggestion, idea, or other information about our Services, you agree to assign to us all intellectual property rights of the Submission, and we may utilize the information provided in any legal manner without an acknowledgement.
GOVERNING LAW
These Legal Terms shall be governed by the laws of the state of Colorado, in the United States of America. You consent that the courts of Colorado shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these Terms.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless Swanky Enterprises, LLC, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Services, any user postings made by you: your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws: rules or regulations.
Swanky Enterprises, LLC reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you: in which event you will fully cooperate with in asserting any available defenses.
ARBITRATION
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms of Use, or any provisions hereof, whether in contract tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association: or a similar arbitration service selected by the parties: in a location mutually agreed upon by the parties. The arbitrator’s award shall be final: and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms of Use, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regard to these Terms or any disputes arising as a result of these Terms, whether directly or indirectly, including Tort claims that are a result of these Terms. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms.
CLASS ACTION WAIVER
Any arbitration under these Terms of Use will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Swanky Enterprises agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. SWANKY ENTERPRISES, LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
SWANKY ENTERPRISES, LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. SWANKY ENTERPRISES, LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SWANKY ENTERPRISES, LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SWANKY ENTERPRISES, LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
TERMINATION, ACCESS RESTRICTION
Swanky Enterprises reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Colorado and you hereby consent to the exclusive jurisdiction and venue of courts in Colorado in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Swanky Enterprises as a result of this agreement or use of the Site. Swanky Enterprises’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Swanky Enterprises’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Swanky Enterprises with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Swanky Enterprises with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Swanky Enterprises with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
CONTACT US
Swanky Enterprises welcomes your questions or comments regarding the Terms of Use. Please contact us via the “Contact Us” link at the bottom of every page on this Site.
