/Terms and Conditions
Terms and Conditions 2017-06-08T15:24:02+00:00

RETURN POLICY

Before you return merchandise PLEASE read and FOLLOW the directions.

If you are not completely satisfied with your (product name) purchase, you have 30-days from your purchase date to return the product and receive a refund of your purchase price, less shipping and processing.

To return merchandise, call our customer service center at 1-800-313-8772 and ask for a return merchandise authorization number (RMA #). Once you receive the RMA# place the product in the original box along with the original packing slip. Clearly mark the RMA# on the outside of the box and on the packing slip and send to:

Flex Seal Family of Products
200 Docks Corner Rd. # 211
Dayton, NJ 08810-1530

Once we receive and inspect the merchandise we will credit your credit card for a full refund less the original shipping and processing.

SHIPPING POLICY

If an order is placed Monday to Friday, in most cases, they will be processed and shipped within 24 to 48 hours. Orders placed on a Saturday or Sunday, are usually shipped first thing Monday morning. Unfortunately at this time, we do not ship to Alaska or Hawaii. We use FEDEX and UPS as our shipping carriers.

WEBSITE TERMS AND CONDITIONS

TERMS OF USE

Generally

The following sets forth the terms of use (“Terms of Use”) for this website (“Site”), which is operated by Swift Response, LLC (“Swift”). These Terms of Use supersede any previous statement of such policies. Please read these Terms of Use carefully, as use of the Site constitutes your binding acceptance of these Terms of Use. Swift may modify, alter or update these Terms of Use at any time without prior notice, and your subsequent use of the Site shall constitute your consent to any such modification, alteration or update. If you are accessing the Site as a representative of an organization, these Terms of Use bind both you individually and the organization, and references to “you” and “your” shall be construed to apply to you individually and the organization.

Site Access; Permitted Use

The Site is made available on an “as is” basis by Swift for the convenience of its customers and users. The Site is intended for use by persons 18 years of age or older. You may access the Site and all Site content, including, without limitation, text, images, hosted software, sound files, video and other content (collectively, “Content”) solely for the purposes of receiving information about Swift’s business and products, communicating with Swift, and otherwise as stated on the Site.

As a condition of your use of the Site, you may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Site in any manner that could damage, disable, overload or impair the operation of the Site or use by third parties. You may not post or otherwise transmit to or from the Site by any means any defamatory, libelous, obscene, unlawful, or pornographic material or any other material or information which could result in any civil or criminal liability. Swift may monitor access to the Site and may, at any time and in its sole discretion, terminate or prohibit your access to the Site.

Copyright; All Rights Reserved

Swift holds copyright in the Site and all Content and expressly reserves all rights in such material arising under applicable law. All Content is protected under United States and international copyright laws and treaty provisions. Except as expressly provided in these Terms of Use, you may not copy, distribute, republish, reproduce, download, display, or transmit any Content in any form for commercial use without the prior written permission of Swift. Individual visitors to the Site may download or print one copy of Content published on the Site solely for their personal, non-commercial use, provided they do not modify the Content and that they refrain from deleting or altering any copyright or other proprietary notices contained in the Content. This permission shall be deemed revoked automatically if you breach any of these Terms of Use.

 

Trademarks

Except as otherwise expressly disclosed on the Site, Swift owns all right, title, and interests in and to all trademarks, service marks, and logos (collectively, “Trademarks”) displayed on the Site, whether registered or unregistered. Swift shall under no circumstances be deemed to have granted you any license, either express or implied, in or to any of the Trademarks as a consequence of your use of the Site. You may not use any of the Trademarks without prior written permission of Swift. Because the Trademarks are among Swift’s most valuable business assets, Swift will pursue its legal remedies in the event of any unauthorized use or misuse of any of the Trademarks.

 

Software; Products; Services

Any software that is available for download from the Site is the copyrighted property of Swift or its suppliers. Use and reproduction of and warranties as to such software, if any, are governed by the terms of the license agreement applicable to such software. Use of and warranties as to any other product or service purchased by you using, or in connection with, the Site, if any, are governed by the terms of the agreement applicable to that product or service.

 

Linking

You may link to the Site home page, but you may not link to any other page on the Site without the prior written consent of Swift (which Swift reserves the right to withdraw at any time in its discretion). You may not use any of the Trademarks or any of Swift’s other distinctive graphics, video, or audio material in your links. You may not link in any manner reasonably likely to (i) imply affiliation with or endorsement or sponsorship by Swift; (ii) cause confusion, mistake, or deception; (iii) dilute any of the Trademarks; or (iv) otherwise violate applicable law. You must remove any link to the Site immediately on request from Swift.

Restricted Information

Certain restricted information may be made available on the Site only to licensed customers of Swift that are registered to receive information via passwords issued by Swift. Such restricted information shall constitute confidential and proprietary information of Swift. If you are a registered customer or a representative of a registered customer, Swift authorizes you to download, copy, distribute and use the restricted information for yourself or, if applicable, only within the customer organization, and only for the intended purposes authorized by Swift. Issuance of a registration password is conditioned on the customer’s use of the information in accordance with the terms of its license or service agreement with Swift. You may not transfer your password to any unauthorized party. You shall immediately notify Swift of any unauthorized use of your password. You are responsible for use of your password. You may not attempt to gain unauthorized access to any Site information or area within the Site.

Third Party Information and Websites

Certain information made available on the Site may have been provided by third parties. Moreover, Swift may provide links to third party websites from the Site. Such information and links are provided solely for your convenience and do not necessarily constitute an endorsement of such websites or the products and services featured on such websites or any affiliation between Swift and the owners of such websites. Swift shall not be liable for the content of any such information or websites or any errors in or malfunction of such links. You acknowledge that all such information (whether data, text, software, music, sound, photographs, graphics, video, or other materials) are the sole responsibility of the originating party and that Swift neither has responsibility for nor guarantees the accuracy, integrity, or quality of such materials.

Availability

Content on the Site may refer to products, programs or services that are not available in your location. Consult Swift representative for information about the products, programs and services that may be available to you.

Submissions

You may wish to submit to Swift ideas for new products, product enhancements, technologies, processes, materials, or marketing or promotional materials (collectively, “Submissions”). Be advised, however, that all Submissions shall be subject to the provisions set forth in this section of these Terms of Use, and you shall be deemed to have agreed to all such provisions upon making any Submission to Swift.

Swift assumes no duty to review or investigate any Submission. Moreover, since Swift is in constant development of new products, product enhancements, technologies, processes, materials, and marketing and promotional materials, any such materials that you submit to Swift may be similar to or otherwise contemplated by those already under development or consideration by Swift. Accordingly, all Submissions will be treated as non-confidential and non-proprietary, will automatically become Swift’s property, and may be used by Swift and its affiliates for any purpose whatsoever, including without limitation the development and/or provision of products and services.  Swift shall be free to publish, use, modify, publicly perform, publicly display, reproduce, and distribute any Submission on and through the Site and any and all other media for any purpose whatsoever without restriction or any obligation to compensate you. Moreover, you shall be deemed to have waived all claims and shall refrain from bringing any legal action against Swift arising in any way from any use Swift may make of any Submission.

 

Feedback

Swift welcomes user feedback regarding its business and products (“Feedback”). In providing Feedback, however, please be mindful of Swift’s submission policy, set forth in these Terms of Use. Please limit Feedback to Swift’s existing products, promotions, and business and refrain from including any content prohibited by these Terms of Use. All Feedback shall be deemed non-confidential and non-proprietary, and Swift shall be free to use it on an unrestricted basis.

Contests and Sweepstakes

Swift may periodically run contests or sweepstakes of various types (collectively, “Promotions”). Promotions may be advertised or described on the Site or may include use of the Site as part of the operation of the Promotion. All Promotions shall be subject to the complete and official rules of the Promotions even if those rules are not found on the Site. Mention of such a Promotion on the Site is not an offer to participate in the Promotion and does not trigger any obligation to participate, or change the odds of winning in any way.

 

Coupons

Swift may allow consumers to download discount coupons from the Site. All such coupon offers shall be subject to all applicable rules and regulations.

Disclaimers; Liability Limitations and Exclusions

SWIFT MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH REGARD TO THE SITE, ITS OPERATION, OR YOUR USE OF THE SITE AND EXPRESS DISCLAIMS ALL SUCH WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, ACCURACY OR COMPLETENESS OF THE INFORMATION, AND THOSE ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. ADDITIONALLY, SWIFT MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE AVAILABILITY, UP-TIME, FUNCTIONALITY, ERROR-FREE NATURE OR RELIABILITY OF THE SITE, THE INTERNET, OR OTHER TECHNOLOGY UTILIZED TO PRESENT, ACCESS OR UTILIZE THE SITE, NOR DOES IT WARRANT THAT THE SITE OR THE SERVERS MAKING THE SITE AVAILABLE SHALL BE FREE OF COMPUTER VIRUSES OR OTHER MALICIOUS CONTENT. RATHER, SWIFT EXPRESSLY DISCLAIMS ALL SUCH WARRANTIES. SWIFT RESERVES THE RIGHT TO MODIFY, SUSPEND OR DISCONTINUE THE OFFERING OF THE SITE AT ANY TIME FOR ANY REASON WITHOUT PRIOR NOTICE.  FURTHER, SWIFT CANNOT GUARANTEE THE SECURITY OR INTEGRITY OF DATA DURING TRANSMISSION AND STORAGE AND SHALL HAVE NO LIABILITY FOR BREACHES OF SECURITY OR INTEGRITY OR THIRD-PARTY INTERCEPTION IN TRANSIT, NOR FOR ANY DAMAGE WHICH MAY RESULT TO YOUR COMPUTER OR OTHER PROPERTY BY YOUR USE OF THE SITE.

NEITHER SWIFT NOR ANY OF ITS AFFILIATES OR SUPPLIERS OR ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES OR SUBCONTRACTORS (COLLECTIVELY, “RELEASED PARTIES”) SHALL BE LIABLE FOR ANY LOSS OR LIABILITY RESULTING, DIRECTLY OR INDIRECTLY, FROM DELAYS OR INTERRUPTIONS DUE TO ELECTRONIC OR MECHANICAL EQUIPMENT FAILURES, DENIAL OF SERVICE ATTACKS, DATA PROCESSING FAILURES, TELECOMMUNICATIONS OR INTERNET PROBLEMS, UTILITY FAILURES OR PROBLEMS, DEFECTS, WEATHER, STRIKES, WALKOUTS, FIRE, ACTS OF GOD, RIOTS, ARMED CONFLICTS, ACTS OF WAR OR OTHER LIKE CAUSES BEYOND THE REASONABLE CONTROL OF SWIFT. SWIFT MAY DISCONTINUE PROVIDING ACCESS TO THE SITE AT ANY TIME.

IN NO EVENT SHALL ANY OF THE RELEASED PARTIES BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST DATA, LOST PROFITS, LOST REVENUE OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF, THE SITE OR ANY SITE LINKED TO THE SITE. WITHOUT LIMITING THE GENERALITY OF THE PRECEDING SENTENCE, NONE OF THE RELEASED PARTIES SHALL BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES, WHETHER BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, BREACH OF WARRANTY, MISREPRESENTATION OR ANY OTHER LAW OR THEORY OF LIABILITY. THE FOREGOING DAMAGE EXCLUSIONS SHALL APPLY EVEN IF SWIFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THE FOREGOING LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnification

By using the Site, you agree to indemnify and hold harmless all of the Released Parties from and against any loss, claim, damage, obligation, liability, cost or expense (including, without limitation, reasonable attorneys’ fees and costs of any investigation or preparation) arising out of or in connection with any actual or threatened claim, suit, action or proceeding by any person based on or arising out any use by you or an account or computer owned by you of the Site or the Content or your provision of any Submission or User Content to Swift.

Governing Law; Forum

These Terms of Use shall be governed by and interpreted in accordance with the laws of the State of Florida, United States of America, without reference to conflict of laws principles. The exclusive forum for all disputes arising out or relating in any way to these Terms of Use or your use of the Site shall be the United States District Court for the Southern District of Florida and the Judicial Circuit Court of Florida for the 17th Judicial Circuit. You are deemed to have consented to the personal jurisdiction and venue of the such courts, waived any objection to such jurisdiction and venue, and consented that any process, notice of motion or other application to such courts or a judge thereof may be served outside the State of Florida by registered or certified mail or by personal service, provided that a reasonable time for appearance is allowed.

Miscellaneous Provisions

The provisions of these Terms of Use regarding ownership, disclaimers, indemnification, governing law and forum shall continue in effect indefinitely. Each notice to Swift in connection with these Terms of Use shall be provided in writing, and notice shall be deemed to have been given on the date Swift receives it.

Privacy

For information regarding Swift’s information collection and use practices, please refer to Swift’s privacy policy, located at: https://www.flexsealproducts.com/privacy-policy. The Privacy Policy shall be deemed incorporated by reference in these Terms of Use.

Entire Agreement

These Terms of Use, together with the Privacy Policy, shall constitute the entire agreement between you and Swift regarding the use of the Site. The failure of Swift to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.

Severability

If any provision of these Terms of Use is unlawful, void or unenforceable, that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.

 

SWIFT RESPONSE, LLC MAP POLICY GUIDELINES

Swift Response, LLC (“Swift”) has established a Minimum Advertising Pricing Policy (“MAPP”) for the Flex Seal Family of Products and all references to products covered by MAPP are to Swift’s TERM SHEET. Swift has unilaterally established this MAPP to identify the terms and conditions for advertising the sale of the Flex Seal Family of Products supplied by Swift.  Swift reserves the right to refuse to sell all or a portion of its products to any Retailer that advertises in violations of this MAPP and specifically reserves the right in tis sole and absolute discretion to decline to fulfill orders to Retailers that violates this MAPP.

In connection with this MAPP, Swift identifies the following components of its policy:

  • Swift may designate a MAPP for each and any of its Flex Seal Family of Products. Any advertisement by a Retailer of that product for sale at any price below the product’s MAPP will result in Swift exercising its right to refuse to fulfill orders of that product, or any other Flex Seal Family of Products to said Retailer. Swift has referenced this MAPP on its website (https://www.flexsealproducts.com/terms-and-conditions) and shall provide this MAPP by distribution from its authorized sales representatives.
  • Swift will enforce its MAPP and any product specific MAPP at its sole and absolute discretion and will decide unilaterally for itself what appropriate actions will be taken for violations of its MAPP or product specific MAPP, including the right to cancel orders and refuse to accept new orders from any Retailer that advertised a product at a net retail sales price less than the current MAPP retail price established by Swift.
  • The MAPP and any product specific MAPP applies only to advertising prices. Neither the MAPP or any product specific MAPP applies to the actual retail price at which any products are sold by Retailer to an end-user and Swift specifically and expressly recognizes that Retailer may sell products during an actual sale to a customer at any price that Retailer and customer choose to establish. Each Distributor remains entirely free to determine its own resale price.
  • All Retailers are free to communicate directly an actual sales price to a specific end-user or customer through individual sales calls or call-in prices or through the use of email newsletters to current customer database established by the Retailer.
  • The MAPP is intended to apply to all advertisement of Flex Seal Family of Products in any and all media including, but not limited to, catalogues; newspapers and circulars; internet or similar electronic media as well as e-mails; television; flyers and road signs; radio; and all other types of advertising. Swift reserves the right to add additional mediums and actions which it determines in its sole discretion are designed to evade or avoid this MAPP or any product specific MAPP.
  • The MAPP is not intended to apply to any in-store advertising that is displayed only in the store and not distributed outside the store and Retailers may set the actual in-store sales price for any product at any price said Retailer chooses to establish.
  • The MAPP is not intended to and does not set a maximum advertised price and Retailers are free to advertise products at any price equal to or in excess of the MAPP or the product specific MAPP. Advertisements that do not contain any actual prices will not violate the MAPP so long as the advertisement conforms to the MAPP requirements.
  • Swift reserves the right to alter its TERM SHEET upon appropriate notice and to require compliance with new MAPP guidelines. The MAPP is effective June 9, 2017.
  • No employee or officer of Swift is authorized to or has authority to alter the terms of the MAPP or the product specific MAPP orally. Only a written authorization from the Vice President of Finance may alter the terms of the MAPP or a product specific MAPP, and this MAPP may only be changed in writing authorized by the Vice President of Finance.
  • Swift reserves the right to terminate all or partial sales of its products to any Retailer that fails to follow the MAPP or a product specific MAPP or takes steps to circumvent said policies.
  • Swift shall enforce the MAPP solely and unilaterally, exercising its absolute discretion on actions it deems necessary in the event the MAPP is not followed, including the right to cancel orders or refuse to accept orders.  Swift shall not use retailer specific complaints to enforce the MAPP but will instead rely on its own sole discretion and observations.  In policing this policy, Swift will be guided by the following penalties:

1st Violation: retailer will receive a written warning providing 48 hours to correct the violation.  Failure to correct the violation within that time-frame may be considered a separate violation leading to additional penalties.

2nd Violation: retailer will be notified that subsequent violation of MAPP may result in termination of retailer relationship with Swift and cancelation of any outstanding orders.

  • MAPP pricing is established by reference to Swift’s TERM SHEET.
  • Swift will only allow Retailers to bundle Flex Seal products with other manufacturer’s goods with advanced notice and written approval obtained from: the Vice President of Finance.
  • Swift will permit Retailers to offer “value-added” incentives in advertisements for Flex Seal Family of Products, as long as no mention of the monetary value is indicated for these value-added offers. To the extent Retailers wish to offer “value-added” incentives in advertisements having a price component, such activity will be permitted with advanced notice and written approval obtained from: the Vice President of Finance.
  • Swift monitors the advertised prices of Retailers, either directly or through the use of third-parties. Retailers are expected to provide reasonable cooperation in any investigation, and failing to cooperate is a violation of this policy and may lead to sanctions.

Frequently Asked Questions:

Q: When will the MAPP take effect?
A: June 9, 2017.

Q: What types of advertisements are covered by the MAPP?
A: All pricing advertisements other than the following are covered:

The MAPP is not intended to apply to in-store advertising (displays, banners or price markings); Distributor advertising at trade shows; individual customer specific communications such as emails, letters or texts responding to a customer inquiry; or web pages representing customer final point of purchase.

Q: Are non-pricing advertisements covered by the MAPP?
A: No. Advertisements without reference to price are not covered by the MAPP; nor are advertisements that encourage customers to “Call for pricing” or to request pricing by return communication provided that no advertisement suggest a price reduction contrary to MAPP.

Q: Does the MAPP dictate the price at which the Flex Seal Family of Products may be sold?
A: No. The MAPP is not intended to control, influence, determine, restrict or limit in any way the price at which Distributors sell the Flex Seal Family of Products to end-users or customers. The MAPP is intended to only provide restrictions on advertising.

Q: Does the MAPP relate to non-price terms and conditions of sale?
A: No. Terms and conditions of sale that do not specifically impact the advertised price such as free shipping or free returns are allowed as are advertisements of financing terms. Advertising offers of rebates or discounts based on sales volume or quantities that do impact advertised pricing would violate the MAPP.

 Q: Where should questions or comments regarding the MAPP be directed?
A: Swift’s Vice President of Finance.

Q: Can I report violations of the MAPP from others to Swift?
A: No. Swift will monitor and enforce the MAPP at its sole and independent discretion.

Q: What happens when there is a violation of the MAPP?
A: As set forth above, violation of the MAPP will result in penalties in increasing severity as outlined below:

1st Violation: retailer will receive a written warning providing 48 hours to correct the violation.  Failure to correct the violation within that time-frame may be considered a separate violation leading to additional penalties.

2nd Violation: retailer will be notified that subsequent violation of MAPP may result in termination of retailer relationship with Swift and cancelation of any outstanding orders.

Q: Is the MAPP subject to change?
A: Yes. Swift reserves the right at its sole discretion to modify, amend or cancel the MAPP at any time without advanced notice; however, any change to the MAPP will be communicated directly to Distributors and not go into effect until seven (7) business days after notification.