Terms of Service

Legal Terms & Privacy

Following are agreed-to Legal Terms & Conditions of The Perfect Swag™

Thank you for visiting the web site (the "Site") of The Perfect Swag ("TPS," "us" or "we"). The following are some of our trademarks and service marks: TPS and The Perfect Swag. All other trademarks, product names, and company names and logos appearing on the Site are the property of their respective owners.

By using this site, you agree to be bound by the terms set forth herein. We may make changes to the Site, these Terms and Conditions, or other policies and conditions that govern use of the Site at any time. We encourage you to review the Site and these terms periodically for any updates or changes. Your continued access or use of the Site shall be deemed your acceptance of these changes and the reasonableness of these standards for notice of changes.

Returns and Exchanges

We pride ourselves in offering the highest quality merchandise. Customers have 14 days to return any unwanted merchandise, with the exception of custom-made items, personalized items, confections/food items, jewelry, and imprinted materials, which may not be returned or exchanged. Custom-made and personalized items may not be cancelled at any time. Any exceptions to this policy will be at the sole and complete discretion of The Perfect Swag. Returns will not be processed without prior approval, so please call for a RETURN AUTHORIZATION before returning any merchandise to The Perfect Swag. Any item authorized for return must be received by The Perfect Swag in UNUSED, UNWORN condition and in its original packaging. Customers may choose whether they would like to exchange, receive an in-store credit, or receive a refund. Shipping and handling fees will not be refunded.

Disclaimer of representations and warranties All products, services and information made available on or through this web site are provided on an "as is" and "as available" basis, without warranties of any kind, either express or implied. Subject to the foregoing, The Perfect Swag disclaims all implied warranties, including without limitation, the implied warranties of merchantability and fitness for a particular purpose, and all express warranties except those explicitly made in this statement of legal terms. The Perfect Swag makes no representation that the information contained on this web site, your results in using this web site or the service itself will be accurate, valid, reliable or available or that it does not violate or infringe the rights of any third party. The Perfect Swag makes no representation and specifically disclaims any warranty regarding any site linked to this web site. This disclaimer by The Perfect Swag in no way affects the terms of any manufacturer's or third party seller's warranty, if any, related to the goods purchased via this web site. Title to goods and merchandise is retained by The Perfect Swag until goods and merchandise are paid for by the purchaser and at that time title passes to the purchaser. Some states do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you.
Waiver of liabilities

You agree that, except as otherwise provided under applicable laws, neither The Perfect Swag nor its affiliates, nor the directors, officers, employees, agents, contractors, successors or assigns of each, shall be liable for any damages whatsoever arising out of or related to the use of The Perfect Swag web site or any other web site linked to this web site. This waiver of liability applies to direct, indirect, consequential, special, punitive or other damages you or others may suffer, as well as damages for lost profits, business interruption or the loss of data or information, even if The Perfect Swag is notified in advance of the potential for any such damages.
UNDER NO CIRCUMSTANCES SHALL WE OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES FOR LOSS OF PROFITS, GOOD WILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT RESULT FROM (i) THE USE OF OR INABILITY TO USE THE SITE, (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (iii) ANY OTHER MATTER RELATING TO THE SITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

You agree to indemnify and hold us, and our subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of the Content, your use of the Site, your connection to the Site, your violation of the Terms and Conditions, or your violation of any rights of another.

Proprietary information You agree that all content appearing on the web site, including, but not limited to code, trademarks, service marks, trade names, graphics, images, text, audio clips, button icons, and computer software, are the sole property of The Perfect Swag or its partners and suppliers, and protected by u.s. and international laws and treaties. Users are granted permission to browse and use The Perfect Swag site for its intended purpose, which is for your retail use only as a consumer. Any other use, including and not limited to the reproduction, modification, distribution, transmission, republication, removal, deletion, addition, display, or performance of the content on this site or the exploitation in any other manner of any of the content of this web site, in part or in whole, is strictly prohibited. Except as expressly authorized in writing, the use or misuse of any trademarks, service marks, trade names, logos, text, images, graphics, intellectual property or content from this web site is strictly prohibited. The Perfect Swag does not grant, by implication, or otherwise, any license or right to use any trademark, service mark, trade name or logo, or the content displayed on this web site, without the prior written consent of The Perfect Swag. The Perfect Swag prohibits use of the The Perfect Swag logo as a link to any website unless creating such a link is approved in advance by The Perfect Swag in writing. Registered and unregistered proprietary information is owned and held by The Perfect Swag and its licensors and, therefore, you may be liable for infringement or misappropriation or other legal action to the fullest extent of the law if you misuse this web site in any form mentioned or unmentioned.

You acknowledge that the Site contains information, data, software, photographs, graphics, videos, text, images, typefaces, sounds, and other material (collectively "Content") that are protected by copyrights, trademarks, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and we own a copyright in the selection, coordination, arrangement, and enhancement of such Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal, information and non-commercial use and that you do not alter or modify the Content in any way, and maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see e.g. 17 U.S.C. Section 107), you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software, if any.

Electronic Communications

When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.

Termination of the use of this web site You agree that any unauthorized use of this web site, content materials and intellectual property or any fraudulent, abusive or otherwise illegal activity shall be grounds for termination of your right to access, browse and use of authorized areas of The Perfect Swag web site. The Perfect Swag reserves the right to terminate your access to our web site and it’s content and use at any time, with or without notice at our discretion.
Third party web sites You agree that The Perfect Swag encourages you to exercise discretion browsing the internet. Our web site, products or services may direct you to sites containing information that some people may find offensive or inappropriate. The Perfect Swag and its affiliates make no representation or warranty about the legality of any third party web site. Any such web site is independent from The Perfect Swag and The Perfect Swag has no control over, or responsibility with respect to, the information provided or activities undertaken by any such web site. A link between The Perfect Swag and another web site further does not mean that The Perfect Swag endorses that web site. Linking to off-site pages is done at your own risk, requiring you to make your own independent decisions regarding your interactions or communications with any other web site. The Perfect Swag expressly disclaims any responsibility or liability for any damage, loss, or injury arising out of the activities of any third party, the goods or services offered or the content displayed by any of such third party not under the The Perfect Swag domain.

Occasionally, we may make available a link to a third party's web site. These links will let you leave the Site. The linked sites are not under our control and we are not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. We are not responsible for webcasting or any other form of transmission received from any linked site. We provide the links to you only as a convenience. We do not endorse the site or its use or contents.

Availability The Perfect Swag web site, excluding links, is created, owned, operated and controlled by The Perfect Swag in the State of California, USA. At this time, materials, products and services on this web site will be delivered or made available only in the 50 United States. International orders will be processed only with payment in advance by money order or other mutually agreed upon payment method. Buyer is responsible for all shipping, broker fees, tariffs and the like. Access to this web site from locations where its use or content is illegal is prohibited. Visitors to this web site are responsible for their own compliance with local laws regarding web site use and access.
Jurisdiction You agree that the laws of the state of California will govern these disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws. In addition, you agree to the exclusive personal jurisdiction and venue of the Superior Court of Los Angeles County and the United States District Court for the Southern District of California. We reserve the right to make changes to our site and these disclaimers, terms, and conditions at any time. Unlawful conduct You agree you are prohibited from posting or transmitting to The Perfect Swag web site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material, or any other material that could give rise to any civil or criminal liability under the law. The Perfect Swag reserves the right to seek all remedies available at law and in equity for violations of these terms and conditions, including the right to block access from a particular internet address to this web site.
Limited availability and price In the event a product or service is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, The Perfect Swag will have the right to refuse or cancel any orders placed for product or service listed at the incorrect price. The Perfect Swag will have the right to limit the number of items purchased through our web site. The Perfect Swag will have the right to refuse or cancel any order whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, The Perfect Swag will immediately issue a credit to your credit card account in the amount of the incorrect price.

What kind of information does TPS collect?

Personally Identifiable Information Collection and Use This Website only collects personally identifiable information from you if you choose to provide this information to us. Examples of this personally identifiable information include your name, e-mail address, company name, phone number, information in an online employment application, including social security number, if provided, or any inquiries you may make through our Website.

Non-personally identifiable information this Website also may collect information from you that is not personally identifiable. We may record information about your visit to the site without recording any personal information. For example, our Web server may monitor Website traffic and develop certain statistics, including the number of Website visitors, pages most frequently accessed, and the browser type used to access our Website.

DO NOT SUBMIT ANY CONFIDENTIAL INFORMATION OR INVENTIONS By submitting any ideas or inventions, you represent that those ideas and inventions are your own wholly original work, and that you have the full right, power and authority to disclose them to TPS. You also acknowledge that such ideas and inventions are in the public domain and are not disclosed on a secret or confidential basis, and you waive all rights in the ideas and inventions except for those rights granted by a patent office.

How will TPS use the personally identifiable information you have provided? If you make an inquiry through our Website, we will forward the inquiry and your contact information to the appropriate TPS employees responsible for responding to your inquiry. You have agreed that, by providing your e-mail address and/or phone number in an inquiry form, TPS may contact you in response to your comments or inquiries. If you decide that you do not want to receive further e-mails or phone calls regarding your inquiry, you may reply to our e-mail and ask us to remove you from our contact list.

With respect to information submitted in an online employment application, we will use it solely to review your potential suitability for an available career opportunity. Any information submitted by persons seeking employment will be forwarded to the Human Resources Department of TPS, and a background check may be performed by a third party. It will not be used for any other purpose.
If required by law to do so, we will disclose personally identifiable information in response to a Court order, warrant, or other comparable legal instrument with which our legal advisors direct us to comply.

Will TPS sell my information?

TPS respects your privacy and does not and will never sell, rent, or lease any personally identifiable information to any third party.

Is my personally identifiable information secure?

TPS takes the security of your personally identifiable information very seriously. We have taken significant precautions to provide secure transmission through our server. In the event we request or transmit sensitive information, we use industry standard, secure socket layer ("SSL") encryption. We limit access to personally identifiable information to only those TPS employees who need the information in order to carry out their job responsibilities or to answer your inquiries. From time to time, third parties may provide certain services to TPS relating to the operation of Website functions. For example, we may hire a programmer to add new capabilities to our Website. In this case, we may be required to permit these third parties with access to information you have supplied online in order to properly manage our Website. We will require that the third party acting on our behalf abide by our Privacy Policy and institutes safeguards to protect the confidentiality of your personally identifiable information.

Will TPS change this Privacy Policy?

TPS reserves the right to change, alter, or amend this Privacy Policy at any time, and such changes will be posted on this page. Your continued use of our Website signifies your agreement to the current Privacy Policy.

Your Conduct

Any conduct by you that in our sole discretion restricts or inhibits any other user from using or enjoying the Site will not be permitted. You agree to use the Site only for lawful purposes.

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site, or access to the Site.
You agree not to access the Site by any means other than through the interface that is provided by us for use in accessing the Site.

The Perfect Swag does not knowingly market to or knowingly solicit information from minors. Minors are ineligible to use our services, and we do not want minors to submit any personal information to us. If you are a minor, you can use this service only under the supervision of your parents or guardians. This Web site is operated by: The Perfect Swag, Post Office Box 11327 – Newport Beach, CA 92658, (949) 335-5741. © 2007 The Perfect Swag ALL RIGHTS RESERVED. The Perfect Swag is a Trademark of The Perfect Swag. All other trademarks, product names, and company names and logos appearing on The Perfect Swag web site are the property of their respective owners. Please refer to the legal notice for terms of use.

Revisions

The Perfect Swag reserves the right to revise the terms set forth above at any time. All revisions are posted on this policy page and will be effective immediately thereafter. By surfing, using, browsing or purchasing on our website, you are deemed notified of and bound by any changes to our terms and conditions. We encourage users to regularly refer to this policy page to remain informed of any changes in our privacy policy. Should you have any questions regarding our terms and conditions, please email us at info@theperfectswag.com or call us at (949) 335-5741

Trademarks

The following are some of our trademarks and service marks:
TPS, The Perfect Swag and The Perfect Promos
All other trademarks, product names, and company names and logos appearing on the Site are the property of their respective owners.

Consent By accessing, browsing and/or using this web site, you acknowledge that you have read, understood and agree to be bound by these terms and conditions, including our Return and Exchanges policy, and you agree to comply with all applicable laws and regulations. If you do not agree to these terms, please do not use our web site.
Export

The U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations - including but not limited to the Export Administration Act and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any content derived from the Site to either a foreign national or a foreign destination in violation of such laws

Our Rights

We may elect to monitor areas of the Site by electronic or other means and may disclose any Content, records, or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Site; or (iii) to protect our rights or property or the rights of other users. We may terminate your access, or suspend your access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of another user, or us.

We reserve the right to refuse to engage in business with you or to refuse service to anyone for any reason.

Applicable by Law

We control the Site from our offices within the United States of America. We make no representation that the Content in the Site is appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Content in violation of U.S. export laws and regulations. Any claim relating to the Site, the services provided through the Site or the Content shall be governed by the internal laws of the state of California, without reference to its choice of law provisions. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Orange County, California, U.S.A.

Termination

These terms are effective until terminated by either party. If you no longer agree to be bound by the Terms and Conditions, you must cease your use of the Site. Subject to applicable law, we reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of the Site with or without notice. You agree that any termination of your access to the Site may be effected without prior notice, and acknowledge and agree that we may bar any access to the Site. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the Site.

General Information

These Terms and Conditions constitute the entire agreement between us (you and us) and govern the use of the Site. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. Our failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Terms and Conditions must be filed within one year after such claim or cause of action arose or be forever barred.
The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect.

Copyright Complaints

We respect the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, you may notify us by providing our copyright agent the following information:
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
3. identification of the URL or other specific location on the Site where the material that you claim is infringing is located;
4. your address, telephone number, and email address;
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.

Our agent for notice of claims of copyright infringement on the Site can be reached as follows: