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.
OUR FEEDBACK TO YOU
In the event that we or any of our representatives provide you with any suggestions, comments, feedback, advice, information, or recommendations (collectively, “Feedback”), YOU ACKNOWLEDGE AND AGREE THAT:
(i) ANY SUCH FEEDBACK IS PROVIDED BY US OR OUR REPRESENTATIVES AS-IS, WITHOUT ANY WARRANTY OF ANY KIND (WHETHER EXPRESS, IMPLIED OR OTHERWISE); (ii) YOU USE ALL SUCH FEEDBACK AT YOUR SOLE RISK AND EXPENSE; AND (iii) WE WILL IN NO EVENT BE LIABLE, AND HEREBY DISCLAIM ANY AND ALL LIABILITY, FOR ANY DAMAGES INCURRED BY YOU OR ANY THIRD PARTY AS A RESULT OF SUCH FEEDBACK OR YOUR OR ANY THIRD PARTY’S USE THEREOF OR RELIANCE THEREON.
In the event that you provide your consent and authorization to us to use your use your Materials (as defined below), the following terms apply. You hereby consent, authorize and give us and our third party agents, employees, representatives and consultants permission to make use of, license or assign the use of, your stories, notes, submissions, image, appearance, likeness, voice and/or photograph, and other reproductions of any of these, in still photographs, video, publications, audio, sound recordings, web sites, public displays, promotional material and events, printed materials and books for media consumption, electronic and other media and/or motion pictures (collectively, the “Materials”).
Additionally, you hereby release and discharge us and our officers, managers, members, employees, and agents, from any and all suits, claims, causes of action, complaints, obligations, demands or liabilities of any kind, including without limitation all claims for copyright infringement, invasion of privacy, right of publicity, and defamation, whether in law or in equity, direct or indirect, known or unknown, that may be related to, or may be in connection with, or may arise out of the use of the Materials. You agree that you will not make any claim or action allow or authorize any third party to make any claim or action on your behalf, arising out of or relating to the any of the foregoing.
You understand and agree that you will receive no compensation of any kind, monetary or otherwise, on account of or arising from the production, publication, recording, rebroadcasting, or other use of the Materials, but that you have nonetheless received adequate consideration for my agreement to these terms, most notably the potential publicity and promotional value to me from our possible display, publication, or other use and dissemination of my content.
We will have complete ownership of the Materials produced or published and will have the exclusive right and license to make such use of such Materials (in whole or in part) as we wish, including, but not limited to, the right of performance, display, reproduction and distribution in all media, and the right to create, perform, display and distribute derivative works of the Materials.
You are above the age of 18, and have read the foregoing and fully understand its contents. These terms will be binding upon me, my heirs, legal representatives and assigns. These terms will be governed in accordance with the laws of the State of Florida, without regard to any principles of conflict of laws.
MEDIA CONTACTS AND INFLUENCERS
We may obtain contact details and other personal information regarding media contacts and influencers from a variety of third-party sources, including Cision US. The information that we will receive depends on the third-party source and your privacy settings with that third-party.
All information that you disclose to third parties will be subject to the privacy policies and practices of such third parties. You should review the privacy policies and practices of such third parties prior to disclosing information to them. Cision US’s privacy notice is located at www.cision.com/us/legal/privacy-policy .
CONTESTS AND SWEEPSTAKES
In the event that we or our third-party service providers mail, e-mail, contact you by other means notify you (including by our promotion on our website or social media channels) of sweepstakes, contests or other similar promotions (collectively, “Promotions”) the following terms apply.
All Promotions may be governed by any associated rules posted in connection with such Promotions, which are expressly incorporated by reference into these terms. Please refer to and read carefully such other terms and conditions. To the extent that such other terms and conditions conflict with these terms, such other terms and conditions will apply and control.
Promotions may require you to provide certain information, including personally identifiable information, in order to participate. Each Promotion is: (i) void where prohibited by applicable laws, regulations or rules; and (ii) subject to availability and/or while stock or supplies lasts. We may, in our sole discretion and without any notice to you, alter, change, withdraw or cancel any Promotion, or any person’s participation in any Promotion, at any time for any reason. For instance, we may disqualify entries for any Promotion that are late, misdirected, incomplete, corrupted, lost, illegible or invalid or where appropriate parental consent has not been provided.
Unless the associated rules posted in connection with a Promotion provide otherwise: (a) entries are limited to one per person and entries via agents or third parties or the use of multiple identities are not permitted; (b) use of automated entries, votes or other programs is prohibited and all such entries (or votes) will be disqualified; (c) Promotions are not open to our employees (or their immediate families) or anyone else professionally associated with such Promotion; (d) you are solely responsible for all taxes in connection with your participation in any Promotion, except we reserve the right to withhold applicable taxes, and you agree to complete any required tax forms as reasonably requested by us; (e) no prize or entry in connection with a Promotion is transferable, refundable or negotiable, and no prize may be exchangeable for cash or any other benefit, except that we (or the party providing a prize) reserve the right to substitute a similar prize of equal or greater value; and (f) (i) your acceptance of a prize constitutes agreement to participate in reasonable publicity related to any Promotion and grants us an unconditional right to use your name, likeness, town or city and state, prize information and statements by you about the Promotion for publicity, advertising and promotional purposes, subject to applicable law, without any additional permission from, or compensation to, you whatsoever; and (ii) as a condition to receiving any prize in connection with any Promotion, you (or your parents or guardians) may be required to sign and return an affidavit of eligibility, liability release and publicity release.
Our advertisement or other display of any Promotion on our website, social media channels or other mediums is not an offer to participate in the Promotion and does not trigger any obligation to accept your participation or change the odds of winning in any way.
WEBSITE TERMS AND CONDITIONS
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.
Copyright; All Rights Reserved
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.
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.
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.
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.
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.
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.
Swift may allow consumers to download discount coupons from the Site. All such coupon offers shall be subject to all applicable rules and regulations. Most coupons do not apply to already discount items or bundles.
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.
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
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 (http://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.