Terms and Conditions of Use

The use of swegn.com is subject to the following Terms and Conditions.

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
Your use of this site is expressly conditioned upon your acceptance of the following Terms and Conditions and the SWEGN® Privacy Policy incorporated herein by reference. By accessing this site, or downloading, viewing, or purchasing any materials or products, you the user are signifying that you have read and agreed to all applicable guidelines, policies, rules and regulations set forth herein or otherwise provided by SWEGN® and agree to comply with all applicable laws and regulations, including but not limited to U.S. export and re-export control laws and regulations, and you signify your assent to these Terms and Conditions. If you do not agree with any part of the following Terms and Conditions, you must not access any materials, purchase any of the products, or otherwise use this site.

GOVERNING LAW
This Agreement and its performance shall be governed by the laws of the State of Illinois, United States of America, without regard to its conflict of laws provisions. You consent and submit to the exclusive jurisdiction of the state and federal courts located in DuPage County, the State of Illinois, United States of America, in all questions and controversies arising out of your use of this site and this Agreement. Arbitration shall be conducted in accordance with paragraphs below and exclusively in the City of Chicago, Cook County, State of Illinois.

YOU AGREE TO SUBMIT ALL CLAIMS, DISPUTES, OR CONTROVERSIES ARISING FROM AND OUT OF, BUT NOT LIMITED TO, THE USE OF THIS SITE, ACCESSED MATERIAL OR PURCHASED PRODUCT, TO MANDATORY FINAL AND BINDING ARBITRATION. BY ACCESSING THIS SITE, OR DOWNLOADING, VIEWING OR PURCHASING ANY MATERIALS OR PRODUCTS, TO THE EXTANT WAIVABLE, YOU WAIVE ANY RIGHT TO FILE OR PARTICIPATE IN ANY CLASS ACTION OR COLLECTIVE ACTION LAWSUIT AGAINST SWEGN OR ITS AFFILIATES. ALL CLAIMS, DISPUTES, OR CONTROVERSIES SHALL BE ARBITRATED ONLY ON AN INDIVIDUAL BASIS. PARTIES WAIVE THEIR RIGHTS TO A JURY TRIAL IN FAVOR OF ARBITRATION. IF CLASS ACTION OR COLLECTIVE ACTION IS NOT WAIVABLE BY LAW, THEN IT MUST BE FIRST ARBITRATED PURSUANT TO AND I ACCORDANCE TO THE PARAGRAPH BELOW.

The arbitrator will be mutually agreed to by the user and SWEGN. In the event the user and SWEGN cannot agree on the arbitrator within 15 days of submission by user or SWEGN of notice of intent to arbitrate the dispute, the arbitrator will be selected from a neutral panel pursuant to relevant Dispute Resolution Rules of JAMS, or if JAMS does not have such rules, pursuant to the relevant Arbitration Rules and Mediation Procedures of the American Arbitration Association (Applicable Rules). The arbitration will be conducted in accordance with the Applicable Rules. Notwithstanding anything to the contrary in the Applicable Rules, however, the arbitration shall provide (a) for written discovery and depositions adequate to give the parties access to documents and witnesses that are essential to the dispute and (b) for a written decision by the arbitrator that includes the essential findings and conclusions on which the decision is based. To the extent permitted by law, attorneys’ fees and costs incurred in conducting the arbitration shall be allocated equally between the Company and the user; however, the parties agree that all remedies available under law or statute will be available to the user by submitting to arbitration.

ALL RIGHTS RESERVED
SWEGN is the brand owner and not the manufacturer of the product. This agreement addresses the use of distributed or sold material at www.swegn.com or material otherwise made available by SWEGN® (collectively referred to as “content”), regardless of the medium. Content includes but is not limited to filters, tires, manuals, and intellectual property.
Limited permission to view using a browser and to cache is granted subject to the Terms and Conditions herein. All content, images, website design elements, text, graphics, logos, buttons, icons, other artwork or other material, the presentation, selection and arrangement thereof, and all software: SWEGN®.

RESPONSIBILITIES OF USERS
Users will access SWEGN® content responsibly, respecting all rights of SWEGN® and its contributors as well as the rights of other Users. Users will report any misuses of the SWEGN® website or any violations of these Terms and Conditions to the Executive Director at SWEGN®.
Users who subscribe to a restricted section of this website (e.g., the SWEGN® Customer Portal, Login Portal) are responsible for any and all usage of their account(s) and will maintain the secrecy of their password(s).
Users will comply with all reasonable requests and instructions regarding the content and materials made available by SWEGN®.

OWNERSHIP
This site and all content available via this site are the exclusive copyrighted property of SWEGN®, and/or its various third-party providers and distributors. Third-party providers or distributors may own portions of the content and material found on this site; such material or content is the copyrighted or patented work of the denoted respective third-party provider or distributor.
None of the content or data found on this site may be reproduced, republished, distributed, sold, transferred, stored, archived or modified without the express written permission of SWEGN® and/or its third-party providers or distributors, except as expressly provided herein.
All trademarks, logos, and service marks displayed on this site (collectively, “trademarks”) are registered and/or common law trademarks of SWEGN®, its affiliates, and/or various third parties. Nothing contained on this site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the trademarks without the written permission of SWEGN® or such other party that may own the trademarks.

USE OF SITE
Users may use this site for the limited purpose of accessing and or purchasing the content herein or to make inquiries to SWEGN® and not for any other purpose(s). This site and the content provided in this site may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of SWEGN® and/or the third party copyright owner, as appropriate.
Archiving, saving, ’embedding’ or using analogous technology to capture content is strictly prohibited unless it has been specifically authorized in writing by SWEGN®. Unauthorized use of this site and/or the content contained on this site may violate applicable copyright, trademark or other intellectual property laws or other laws.
Any content retained by users, including within users’ personal databases, must include all copyright and trademark notices and other proprietary notices contained in the content. The use of any SWEGN® content on any other website, within any environment of networked computers, or in any other medium is strictly prohibited, except as provided herein.
Users are prohibited from submitting, posting or transmitting on the SWEGN® website any unlawful, threatening, libelous, defamatory, obscene, indecent, 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 any law.

AUTHORIZED USER, AGE, AND RESPONSIBILITY
By viewing any content on the SWEGN® website and/or by logging in to the SWEGN® website, you represent that you are an authorized user of SWEGN®; that you have the right to access SWEGN® content, including restricted content; that you are of sufficient legal age to use this site and that you are able to create binding legal obligations for any liability you may incur as a result of the use of this site. You understand that you are financially responsible for all uses of this site by you and, where applicable, those using your login information.

PHISHING PROHIBITED
Phishing is prohibited. Phishing means any access or attempted access to data, content or information made by means of misrepresentation or deception.

PRIVACY
You have read the SWEGN® Privacy Policy and agree that the terms of such policy are reasonable. You consent to the use of any information you submit to SWEGN® to obtain the use of the website and/or any and all of its features for the purpose requested by SWEGN® and/or its third-party providers and distributors in accordance with the terms of and for the purposes set forth in the SWEGN® Privacy Policy
You will report any misuses of the SWEGN® website or any violations of these Terms and Conditions to the Executive Director at SWEGN®.

TERMINATION
This Agreement may be terminated by User at any time by discontinuing use of the SWEGN® web site. This Agreement may be terminated by SWEGN® (i) automatically upon any violation of this Agreement, with or without prior notice to the User at SWEGN’s sole discretion; or (ii) at any time, for any reason, or no reason at all, with or without prior notice to the User. Upon any termination by SWEGN®, User shall discontinue any efforts to access the SWEGN® web site.

EXCLUSION OF WARRANTY
SWEGN® and any third-party providers and distributors make no warranty of any kind regarding this site and/or any content provided or sold on this site, all of which are provided on an “as is” basis. SWEGN® and any third-party providers and distributors do not warrant the accuracy, completeness, currency or reliability of any of the content or data found on this site and such parties expressly disclaim all warranties and conditions, including implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement, and those arising by statute or otherwise in law or from a course of dealing or usage of trade.

LIMITATION OF LIABILITY
SWEGN® assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing in this site or your downloading of any content, data, text, images, video, audio or other material from the site. In no event shall SWEGN® or any third-party providers or distributors be liable for any injury, loss, claim, damage, or any special, exemplary, punitive, indirect, incidental or consequential damages of any kind (including, but not limited to, lost profits or lost savings), whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way connected with (i) any use of this site or content found or sold herein, (ii) any failure or delay or (iii) the performance or non-performance by Swegn or any third-party providers or distributors, even if such party has been advised of the possibility of damages to such parties or any other party.

INDEMNIFICATION
You shall defend and indemnify SWEGN® and any third-party providers and distributors and their officers, directors, employees and agents from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, brought by third parties as a result of your use of this site.

LINKS
This site may contain links to other web sites that are provided solely as a convenience to you and are not necessarily an endorsement by SWEGN® or its third-party providers or distributors of the contents of such other web sites. Neither SWEGN® nor any third-party provider or distributor shall be responsible for the content of any other web sites and makes no representation or warranty regarding any other web sites or the contents or materials on such web sites. If you decide to access other web sites or participate in any offers or programs via such web sites, you do so at your own risk.

SUBMISSIONS
“Submissions” means all comments, feedback, suggestions, photos, surveys, reports, e-mail, and other information or materials that you submit to SWEGN®. Submissions will not be confidential and will become the property of SWEGN® upon submission to SWEGN®. By providing any such Submissions, you agree to assign to SWEGN®, at no charge, all worldwide rights, title, and interest in copyrights and other intellectual property rights to the Submissions. You represent and warrant that any Submission you provide to SWEGN® will be complete and accurate. You acknowledge that you are responsible for the Submissions that you provide, and that you, not SWEGN®, have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality, and copyright. SWEGN® does not prescreen or monitor any Submissions as a matter of policy.

NOTICES
Except as otherwise provided herein, all notices must be in writing to SWEGN, INC., 777 S Rohlwing Road, Addison, IL 60101, Attention: Legal Departent.

RELATIONSHIP
Your use of this site is independent of SWEGN® and not as an employee, agent, partner, or joint venturer with SWEGN® for any purpose.

ASSIGNMENT
You may not assign, convey, subcontract, or delegate your rights, duties, or obligations hereunder.

MODIFICATION
SWEGN® may at any time modify these Terms and Conditions and your continued access of this web site, its content or other use of this site will be conditioned upon the terms and conditions in force at the time of your use. It is your responsibility to review these Terms and Conditions periodically for any changes or modifications, as there will be no individual notices to Users regarding such changes or modifications. Users may check for new versions of these Terms and Conditions by visiting www.swegn.com. A User’s continued use of any service offered by SWEGN® constitutes an affirmative acknowledgment by User of these Terms and Conditions including any subsequent modifications made to them and User’s Agreement to abide and be bound by them.

ADDITIONAL TERMS
Additional terms and conditions may apply to reservations, purchases of goods and services and other uses of portions of this site, and you agree to abide by such other terms and conditions.

SEVERABILITY
These terms and conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.

HEADINGS
The headings used in these Terms and Conditions are included by convenience only and will not limit or otherwise affect these Terms and Conditions.

WAIVER
The failure of SWEGN® to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. User and SWEGN® agree that any cause of action arising out of or related to Services provided under this Agreement other than a User’s obligation to pay Subscription Fees, if any, must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

ENTIRE AGREEMENT
These Terms and Conditions, together with those incorporated herein or referred to herein, constitute the entire agreement between us relating to the subject matter hereof, and supersede any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this site.