Terms and Conditions
Welcome to SPWES! These terms and conditions govern your access to and use of our website and related services (collectively, the “Platform”). By using the Platform, you agree to be bound by these terms and conditions, along with any additional policies referenced herein (collectively, the “Terms”). If you do not agree with the Terms, please exit the Platform immediately.
The Platform, including all information, tools, and services, is owned and operated by SPWES. The terms "we," "us," and "our" refer to SPWES throughout the site. By visiting our site or making a purchase, you engage in our "Service" and agree to be bound by these terms.
Any new features or tools added to the Platform will also be subject to these terms. You can review the most current version of the terms at any time on this page. We reserve the right to update, change, or replace any part of these terms by posting updates on our website. It is your responsibility to periodically check this page for changes. Your continued use of the Platform after any changes are posted constitutes your acceptance of those changes.
1. Eligibility
You must be at least 13 years old to access the platform. If you are between 13 and 17 years old, you may register or use the platform only with consent from a parent, guardian, or legal representative. SPWES may request written proof of this consent at any time.
2. Products and Features
All features, specifications, products, and prices on this platform are subject to change without notice. We reserve the right to limit order quantities, refuse service to any customer, and restrict sales by region or jurisdiction. We may also discontinue any product at any time, which may have limited availability and be subject to return or exchange according to our return policy. We may require verification of information before accepting or shipping any order.
We strive to display product attributes, including colors, as accurately as possible; however, the actual color you see will depend on your computer system, and we cannot guarantee color accuracy on your monitor.
It is your responsibility to comply with all applicable local, state, federal, and international laws regarding the possession, use, and sale of any item purchased from this platform. By placing an order, you confirm that the products ordered will be used lawfully.
3. Accuracy of Information
We strive to ensure the information on this platform is complete, accurate, and current. However, there may be occasional inaccuracies, omissions, or outdated information. We do not guarantee the completeness, accuracy, or timeliness of any content. Products on this platform may be unavailable, have different attributes than listed, or have a different price than indicated. Prices and availability are subject to change without notice. While we reserve the right to modify content at any time, we are not obligated to update information. It is your responsibility to monitor changes to our site.
4. Shipping and Returns
Orders will be shipped to the address provided by the purchaser, as long as the address complies with the shipping restrictions on this platform. We reserve the right, based on your return history, to issue refunds through an Amazon gift card and require returns to be initiated through our Customer Service Department. Please review our Returns and Refunds Policy, which is incorporated into these terms.
You agree to provide current, complete, and accurate purchase and account information for all transactions. This includes promptly updating your account information, such as email addresses and credit card details, to ensure transaction completion and necessary communication. If delivery fails or is refused due to an incorrect address, we reserve the right to charge a restocking and reshipping fee.
5. Third-Party Links
This platform may occasionally include links to websites not owned, operated, or controlled by SPWES. These links are provided solely for your convenience. By using these links, you will leave this platform. We are not responsible for the content, materials, or information found on or accessible from these third-party websites. We do not endorse, guarantee, or make any representations about these websites or the results you may obtain from using them. Accessing any third-party websites linked to or from this platform is entirely at your own risk.
6. No Reselling and Unauthorized Use of Computer Systems
You may not use this platform to purchase items for resale. If we determine that you are buying items for resale, we reserve the right to cancel your order, refuse returns, deny refunds, charge a restocking fee, close your account, and take any other necessary actions to prevent future reselling. We may also cease doing business with customers who violate this policy.
You agree to comply with all laws, rules, and regulations related to your access and use of this platform. Additionally, you are prohibited from posting, uploading, transmitting, or displaying any content through the platform that is unlawful, misleading, threatening, harassing, defamatory, obscene, invasive of privacy, harmful to minors, or that could encourage criminal activity or civil liability. Violations may result in civil and criminal penalties for the sender and their agents. Sending unsolicited email advertisements to any user of this platform or through our systems is strictly prohibited and is a violation of these terms and applicable anti-spam laws.
If we determine that you have violated or are likely to violate these prohibitions, we may take any action we deem necessary, including the immediate removal of related materials from the platform. We will fully cooperate with law enforcement or court orders requesting the disclosure of the identity of anyone posting such materials.
7. Access and Interference
You agree not to use any robot, scraper, or other automated means to access the platform without our express written permission. Furthermore, you agree not to: (i) take any action that, in our sole discretion, imposes an unreasonable or disproportionately large load on our infrastructure; (ii) interfere with the proper functioning of the platform, any activities on the platform, or any networks connected to it; (iii) bypass any measures we use to prevent or restrict access to the platform, whether through hacking, password mining, or other unauthorized methods; (iv) probe, scan, or test the vulnerability of the platform or any connected network; or (v) harvest or collect information about other users, including email addresses.
8. Account Security
You are solely responsible for maintaining the security and confidentiality of your password and account. Additionally, you are accountable for all activities that occur under your account. You agree to notify us immediately of any unauthorized use or security breaches. It is your responsibility to take appropriate precautions and implement security measures suited to your specific needs and use of the platform.
9. Fees
SPWES will charge your credit card or alternative payment method for all products and services purchased on the platform. You are responsible for securing and paying for any Internet access and telecommunications services required to use the platform.
10. Privacy
Your use of our platform and the submission of your personal information are governed by our Privacy Policy. Please review our Privacy Policy here.
11. Disclaimer
The information, materials, and services provided on or through this platform are offered "as is" without any warranties. SPWES does not warrant the accuracy or completeness of the information, materials, or services provided and assumes no obligation to update them. We do not guarantee that the platform's functions will be uninterrupted or error-free, that defects will be corrected, or that the server hosting the content will be free of viruses or other harmful components.
We disclaim all warranties, express or implied, including those related to the products and services listed or purchased on this platform. This includes disclaiming liability for product defects, failures, claims due to normal wear and tear, misuse, abuse, modification, improper selection, non-compliance with codes, or misappropriation. In jurisdictions where the exclusion or limitation of liability for consequential or incidental damages is not permitted, our liability will be limited to the fullest extent allowed by law.
12. Limitation of Liability
Your use of the platform is at your own risk. Our sole obligation is to provide the platform "as is." SPWES, including its employees, officers, directors, agents, or any party involved in creating, producing, or delivering the platform, shall not be liable to you or any third party for your use or inability to use the platform and its content, except in cases of (a) gross negligence, recklessness, or intentional misconduct, or (b) a violation of a consumer protection statute.
In no event will SPWES, its officers, directors, employees, shareholders, affiliates, agents, successors, or assigns, nor any party involved in the creation, production, or transmission of this platform, be liable for any indirect, special, punitive, incidental, or consequential damages (including lost profits, lost data, or business interruption) arising from the use or inability to use the platform, any linked platforms, or its content, even if advised of the possibility of such damages. This limitation applies to all claims, including errors, omissions, or any loss or damage resulting from the use of the service, or any content or products provided through the platform, whether based on warranty, contract, tort, or any other legal theory.
Please refer to your local laws for any prohibitions. In jurisdictions that do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability will be limited to the maximum extent permitted by law.
13. Indemnity
You agree to defend, indemnify, and hold SPWES and its affiliates harmless from all liabilities, costs, and expenses, including reasonable attorneys' fees, arising from any violation of these Terms by you or your authorized users. This includes any claims related to your use of the platform, your online purchases, the transmission of any message or information through the platform, or your violation of any law or third-party rights.
14. Termination
Either you or we may terminate or suspend your account or use of this Platform at any time, with or without cause. You remain personally liable for any orders placed or charges incurred before termination. We may also block your access to the Platform if (a) you breach these Terms, (b) we cannot verify or authenticate the information you provide, or (c) we believe your actions could result in financial loss or legal liability for you, other users, or us.
15. General
Any claim related to the use of this Site and its materials is governed by the laws of the State of Washington, U.S.A. You consent to the exclusive jurisdiction of the state and federal courts in Vancouver, Washington. A printed version of these Terms is admissible in judicial and administrative proceedings to the same extent as other business documents and records originally maintained in printed form.
We do not guarantee continuous, uninterrupted, or secure access to our Platform, as its operation may be affected by factors beyond our control.
If any provision of these Terms is found invalid or unenforceable, that provision will be struck, but the remaining provisions will remain in effect.
You agree that SPWES may assign these Terms at its sole discretion. Headings are for reference only and do not limit or define the scope of each section. Our failure to act on a breach by you or others does not waive our right to act on subsequent or similar breaches. Sections 7 (Access and Interference), 12 (Limitation of Liability), and 13 (Indemnity) will survive any termination or expiration of these Terms.
16. Entire Agreement
These Terms represent the entire agreement between you and SPWES, superseding all prior agreements or understandings, whether written or oral.
17. Copyright and Trademarks Notice
All site design, graphics, text selections, arrangements, and software are Copyright© 2024 SPWES LLC.
All trademarks, service marks, and trade names of SPWES, including but not limited to the SPWES name and logo (collectively, "Marks"), are trademarks or registered trademarks of SPWES, its affiliates, partners, vendors, or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify SPWES trademarks in any way, including in advertising or publicity, without prior written consent from SPWES. The use of SPWES trademarks on any other platform or networked computer environment is prohibited. SPWES also prohibits the use of its trademarks as a "hot" link on or to any other platform unless such a link is approved in advance.
