Sqwincher Terms and Conditions of Use

Please read these Terms and Conditions carefully before using this website.

Introduction

Thank you for visiting Sqwincher.com, which is owned and operated by The Sqwincher Corporation (“Sqwincher”). Sqwincher provides this website as a service to our customers and the public to provide information about our products and services as well as other educational information. By using, accessing, or viewing this site, you agree to all of the following Terms and Conditions, as well as those outlined in Sqwincher's Privacy Policy, which is expressly incorporated herein. These Terms and Conditions apply to all use of and access to any text, graphics, information, documents, web pages, software, code, metadata, and other content that make up this website (“Content”).

Copyrights and Trademarks and other Intellectual Property

© 2014 Sqwincher. By accessing, viewing, or using this website, you agree to abide by U.S. and international copyright law and all other applicable laws. Sqwincher owns the copyright in all Content, unless otherwise indicated. You may not copy, reproduce, alter, modify, or create derivative works of any Content, in any format or media, without Sqwincher's express prior written permission.

SQWINCHER, the Sqwincher Logo, and our other logos and marks appearing on this site are trademarks or registered trademarks of Sqwincher. All other marks belong to their respective owners. Sqwincher provides downloadable electronic files of its logos at http://www.sqwincher.com/for-distributors. You are prohibited from downloading or using any of these logos for any purpose, unless (1) Sqwincher previously has authorized you to do so as one of our distributors, sales representatives, or other authorized agents (or your use constitutes lawful fair use); and (2) such use conforms strictly to our style guide, these terms and conditions, and any other agreement between you and Sqwincher. You agree not to modify, recolor, or otherwise alter these logos in any manner.

Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, copyright, trademark, or other intellectual property right of Sqwincher, or any third party, except as expressly granted herein. Sqwincher will take all necessary steps to enforce its intellectual property rights to the fullest extent of the law.

Acceptable Uses

You agree to access and use this site in good faith, and only for the purpose of obtaining information about our products or services, or other educational information contained on this site. Sqwincher, in its sole discretion, may determine which uses of this website are improper and/or unauthorized. Any use of this website for any purpose not expressly authorized by Sqwincher is strictly prohibited. Unauthorized uses of this website include, but are not limited to, the following:

  1. Using, accessing, or viewing this website for any purpose that is competitive with Sqwincher or that is otherwise harmful to Sqwincher or other users of this website;
  2. Exploiting this website for or in connection with soliciting any business activity involving third party product or service not from Sqwincher, including recruitment, marketing, advertising, or the sale, of any such third party product or service;
  3. Using this website in violation of any national, state, or local law or in violation of any legal duty owing to Sqwincher or any third party arising under contract or tort;
  4. Submitting or disclosing private information of third parties, or information that is false in any manner or that impersonates any third party;
  5. Using spiders, robots, data-mining techniques or other automated technologies to download, store, reproduce, or distribute content available on this website;
  6. Using any virus, malware, or other computer code designed to disrupt, limit, destroy, or otherwise modify or harm the functionality or appearance of this website;
  7. Violating Sqwincher's Privacy Policy; and
  8. Violating any other part of these Terms and Conditions.

Unsolicited Idea Submission Policy

Sqwincher does not accept any unsolicited ideas, suggestions, or other materials regarding improved products, services, technologies, processes, enhancements, marketing, business plans, or any product names or marks (“Unsolicited Ideas”). To avoid any misunderstanding that any Sqwincher product, service, or other work created by Sqwincher may be similar to Unsolicited Ideas submitted to Sqwincher, you agree not to submit any Unsolicited Ideas to Sqwincher or any of its employees either through this website or otherwise.

If, despite our policy, you do submit Unsolicited Ideas to Sqwincher, then regardless of the content of such submissions, and notwithstanding any rights that you may have or may claim in such Unsolicited Ideas, you agree that (1) Sqwincher shall automatically and exclusively own all rights in and to such submissions; (2) Sqwincher may copy, distribute, and otherwise use such submissions for any purpose and in any way; (3) Sqwincher has no obligation to review or consider such submissions; (4) Sqwincher has no obligation to keep any submissions confidential; and (5) you are not entitled to any royalty or other compensation from Sqwincher for such submissions.

Independent of this Unsolicited Ideas Submission Policy, Sqwincher does welcome your feedback regarding Sqwincher's existing products or this website, which we encourage you to send us comments through our contact page or through the contact information below.

Not Health Advice

Nothing on this website should be construed as or deemed to be professional advice or counsel regarding any diet, health, or medical issues, or the diagnosis or treatment of any health or medical condition. Information herein is often general in nature and may not apply to you. You should consult with a licensed physician or other professional with regard to your diet and any health or medical condition that you have or may have. You should never disregard or modify professional medical advice or delay in seeking it because of something you have read on this website.

Online Store

We offer certain merchandise, including branded apparel, through our online store. All sales are nonrefundable. We cannot guarantee the availability of particular merchandise at any time, and we reserve the right to change our merchandise offerings at any time. While we strive to keep our website up-to-date, we also cannot guarantee that merchandise as shown is portrayed or priced accurately.

Access to our online store is granted to a customer upon completion of a user profile in the account information page. By creating an account, you acknowledge and agree that you have reviewed and accept these Terms and Conditions and Sqwincher’s Privacy Policy, which are binding on you. You also agree to receive communications from us electronically, and that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Shopping on our online store is secured through use of a Secure Sockets Layer (“SSL”), which is industry standard and used to secure commercial transactions on numerous websites.

To purchase merchandise from our online store, you must provide us with valid credit card and payment information, including (i) the credit card type, (ii) your name as it appears on the card, (iii) your credit card number and security code, and (iv) the date of expiration. By submitting that information to us, you hereby agree that you authorize us to charge your card at our convenience, but within thirty (30) days of credit card authorization.

YOU REPRESENT AND WARRANT THAT (I) THE CREDIT CARD INFORMATION YOU SUPPLY TO US IS ACCURATE AND COMPLETE; (II) PAYMENTS MADE YOU BY WILL BE HONORED BY YOUR CREDIT CARD COMPANY, AND (III) YOU WILL PAY ALL CHARGES INCURRED BY YOU.

You hereby represent, warrant that you have not used and will not use any credit card or other form of payment for a transaction on this site unless you have all necessary and legally required authorization to do so. We shall not be liable in the event your children or others acting with or without your permission use your credit card to make purchases on the site (and to the extent your minor children make any such purchases, you authorize them to do so); however you may report any unauthorized use to us, and we will undertake reasonable measures within our control to help prevent future unauthorized use of your card.

Accuracy of Website

Sqwincher makes no representation or guarantee and assumes no legal liability or responsibility for the currency, accuracy, quality, or completeness of the Content or any information contains on this site. Reasonable efforts are taken to ensure the accuracy and integrity of all information provided on this site; however Sqwincher is not responsible for broken links, out-of-date information, or other errors. By using this website, you assume the risk that the Content on this website may be inaccurate, incomplete, not up-to-date, or otherwise not meet your needs or requirements. All Content and information on this website are subject to change without notice.

Disclaimer of Warranty

THE CONTENT IS PROVIDED "AS IS" WITH NO WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. YOUR ACCESS TO AND USE OF THIS SITE AND ANY CONTENT OR INFORMATION FOUND HEREIN ARE ENTIRELY AT YOUR OWN RISK. SQWINCHER SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, WITH RESPECT TO SUCH INFORMATION AND CONTENT.

Release and Waiver of Liability

YOU AGREE THAT IN NO EVENT WILL SQWINCHER BE LIABLE, AND YOU HEREBY RELEASE SQWINCHER FROM ANY LIABILITY, FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES SUSTAINED AS A RESULT OF YOUR USE, INTENDED USE, FORWARDING, OR COPYING OF THIS WEBSITE OR THE CONTENT, EVEN IF SQWINCHER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification

YOU AGREE TO INDEMNIFY AND HOLD HARMLESS SQWINCHER FOR ANY LIABILITY, DAMAGES, LOSSES, AND COSTS OF ANY KIND, (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS' FEES) RELATED TO THIRD-PARTY CLAIMS, CHARGES, COMPLAINTS, OR INVESTIGATIONS, CAUSED BY YOUR FAILURE TO COMPLY WITH THESE TERMS AND CONDITIONS OR ANY OTHER ACTIVITY IN WHICH YOU ENGAGE THROUGH THIS WEBSITE OR ANY EMAIL OR OTHER ONLINE COMMUNICATION OR SERVICE PROVIDED BY SQWINCHER.

Links to Third-Party Websites

Certain links on this website may lead to resources or content located on servers that are not maintained by Sqwincher or under its control. Sqwincher makes no claim, warranty, or representation regarding, and is not responsible for, the quality, content, nature, accessibility, or reliability of any such linked third-party website and the information, products, and services found on such third-party website or any link contained on such site.

No Endorsement

The inclusion on this website of any link to another website, or any reference to any third-party product or service by trade name, trademark, manufacturer, or otherwise, is provided only as a convenience and the inclusion of any link or reference does not constitute or imply an endorsement, approval, affiliation, sponsorship, or recommendation by Sqwincher.

Children

This website is intended for general audiences and is not geared toward children. Children under the age of 13 are not permitted to submit any information through the interactive features of this website. For more information about protection of children’s privacy online, please review our Privacy Policy.

No Offer and No Solicitation; Forward-Looking Statements

The information provided on this website is not intended to and does not constitute an offer of or solicitation for the purchase or disposal of, trading, or transaction in any securities. Investors must not rely on any information contained herein for investment decisions.

This website may contain certain “forward-looking” statements. Forward-looking statements, by their very nature, include risks and uncertainties that could cause actual results to be materially different from those anticipated in or implied by forward-looking statements. Forward looking information may be subject to a variety of significant uncertainties, including business, economic, and financial factors, and therefore actual results may differ significantly from those presented.

Applicable Laws and Jurisdiction

This website (excluding linked sites) is controlled by Sqwincher within the State of Mississippi, United States of America. It can be accessed throughout the United States, as well as from other countries around the world. As each of these places has laws that may differ from those of the United States and Mississippi, you and Sqwincher agree that the statutes and laws of the State of Mississippi will apply to all matters relating to the use of this website, without regard to its conflicts of laws principles and, further. You also agree that any actions arising out of your use or access to this website shall only be brought in the state or federal courts located in the State of Mississippi, and you hereby waive any objection to the jurisdiction of or venue in such courts.

Sqwincher makes no representation that materials on the website are appropriate or available for use in other locations. Those who choose to access this site from other locations do so at their own risk and are responsible for compliance with applicable local laws.

Void Where Prohibited

Although this website and its Content may be accessible worldwide, not all products discussed on this website are available to all persons or in all geographic locations or jurisdictions. Sqwincher reserves the right to limit the marketing and/or sale of its products and the accessibility of this website. Any offer for any product made on this website is void where prohibited by law. Unless otherwise noted, product names, descriptions, and labeling are of United States origin.

Miscellaneous Terms

These Terms and Conditions represent the entire understanding and agreement between you and Sqwincher with respect to your access to and use of this website. If any portion of these Terms and Conditions is deemed enforceable, void, or otherwise unlawful, then that portion shall be severed and will not affect the validity and enforceability of the remaining Terms and Conditions. No waiver of or delay in enforcing any provision or of any breach of these Terms and Conditions shall constitute a waiver of any other provision or any other breach.

Changes to Terms and Conditions

Sqwincher reserves the right to change these Terms and Conditions at any time by publishing the amended Terms and Conditions at www.sqwincher.com. You should visit this page from time to time to review the then-current Terms and Conditions that are binding on you. Certain Terms and Conditions may be superseded by expressly designated legal notices or terms located on particular web pages visited by you or correspondence sent to you.

Contact Information

You may send any questions or concerns regarding these Terms and Conditions, or any comments or other inquiries regarding this website, to the following:

Attn: Website Inquiry
The Sqwincher Corporation
Post Office Box 8250
Columbus, Mississippi 39705-8250
Email: info@sqwincher.com

Effective Date

The effective date of these Terms and Conditions is January 1, 2015.