This website and all subdomains (collectively referred to as the Sites) are operated by Sway Hydration LLC (hereinafter referred to as Sway Hydration, us, and/or we respectively). These Terms and Conditions (hereinafter referred to as the Terms and Conditions) set forth the terms and conditions of the business relationship between the Parties.

If you do not agree to these Terms and Conditions, you should immediately cease all usage of our Sites.

Our Sites provide information about Sway Hydration’s products, allow users to sign up and purchase Sway Hydration’s products, and provide different ways to interact with Sway Hydration. Our Sites may contain text, photographs, videos, audio clips, and/or other content (collectively referred to as the Content). Where new Content, services, and/or features are added to our Sites in the future, their use is subject to these Terms and Conditions too.

While we make our best effort to provide you with up-to-date information regarding available products, availability is subject to change at any time. Sway Hydration makes no representations or warranties regarding the availability of any product.

In the event of a technical or clerical error in the published availability of any product, Sway Hydration reserves the right to cancel your order and provide a replacement for your purchase (including after your purchase is confirmed) and you hereby waive all other claims related thereto.

The Customer and the Company may be individually referred to as the Party and/or collectively referred to as the Parties.

In this Agreement, the following terms shall have the meaning identified below:

In particular, it is forbidden to:

The IC hereby represents and warrants that from the Effective Date:

If the IC ceases to have an IC Account with the Company:

For the avoidance of doubt, if termination of the business relationship formed by these Terms and Conditions is effected pursuant to Clauses 4.10, 4.11.2(i), and 4.11.2(ii), the cancellation of any Referral Commission due to the IC shall be from the date of the written notice served by the relevant Party.

These Terms and Conditions are governed by the law of the United States and will be subject to the exclusive jurisdiction of the Delaware Courts.

We regret to inform you that refunds and returns are not acceptable and available; however, we are committed to ensuring your satisfaction with our products. If you receive goods that are expired or damaged, we offer a replacement service.

Please provide proof of the incident by contacting our support team at support@swayhydration.com. We appreciate your understanding and are dedicated to resolving any issues promptly and efficiently.

Our Privacy Policy describes the information we collect when you and others use our Sites, as well as how we use the information, and some of the steps we take to protect your privacy. Our Privacy Policy is part of these Terms and Conditions. By agreeing to these Terms and Conditions, you are also consenting to our use of your personal information in accordance with our Privacy Policy.

Your purchase of products on our Sites may be subject to additional terms and conditions, including our policies on product returns or exchanges and the Terms and Conditions for our referrals compensation.

We reserve the right to modify and/or discontinue all or any portion of our Sites with or without notice to you. We will not be liable if we choose to exercise this right. You acknowledge and accept that we do not guarantee continuous, uninterrupted, or secure access to our Sites, or that operation of our Sites will be uninterrupted or error free. You understand that usage of our Sites may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

Certain areas of the Sites and our payment processing functions may be operated on behalf of Sway Hydration by third parties and may be subject to the Terms and Conditions and/or Privacy Policies of those parties. Sway Hydration is not responsible for any aspect of these third-party service providers or websites. Please review any terms and conditions that may apply if and when you visit any areas operated by third parties.

Our Sites may include links to other sites on the Internet that are owned and operated by third parties. You acknowledge that we are not responsible for the availability of, or any content located on or through, any third-party site. Your use of those third-party sites is subject to the Terms and Conditions and privacy policies of each site, which we encourage you to review.

Some of the Content, services, and features on our Sites, including without limitation social media Content, may be provided by or obtained from third parties. We make no representations or warranties as to the accuracy or reliability of any Content or features on our Sites created or provided by third parties, or with regards to any product or service provided or offered by any third party on the Sites. You acknowledge that any reliance on representations and warranties provided by any party other than Sway Hydration will be at your own risk. You expressly agree to hold Sway Hydration harmless for any claims of damage arising from any Content, product, or service provided by any third party.

As a condition of your right to purchase our product(s), you represent that you are of legal age to enter into a binding contract and that you are not a person barred from visiting the Sites and accessing the Content under the laws of the United States or another country.

TO THE FULLEST EXTENT PERMITTED BY LAW, SWAY HYDRATION, ITS RELATED ENTITIES, ITS SERVICE PROVIDERS, ITS LICENSORS, AND ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (COLLECTIVELY THE “SWAY HYDRATION PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND RELATED TO THE USE OR OPERATION OF THE SITES, PURCHASE OF OUR PRODUCTS, OR PARTICIPATION IN OUR REFERRAL SCHEMES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. YOUR USE OF OUR SITES IS AT YOUR SOLE RISK. OUR SITES AND ALL CONTENT, PRODUCTS, PROGRAMS, AND SERVICES OFFERED THROUGH THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

THE SWAY HYDRATION PARTIES ARE NOT RESPONSIBLE FOR ERRONEOUS DELETION OR FAILURE TO STORE ANY OF YOUR PERSONAL SETTINGS OR COMMUNICATIONS, OR ANY LOSS OR DAMAGE OF ANY KIND YOU CLAIM WAS INCURRED AS A RESULT OF THE USE OF OUR SITES. UNDER NO CIRCUMSTANCES, WILL ANY OF THE SWAY HYDRATION PARTIES BE LIABLE TO YOU OR TO ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY LOSS, INJURY, LIABILITY, DAMAGE, OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE ON OUR SITES OR ANY CONTENT, PRODUCT, OR SERVICE PROVIDED TO YOU THROUGH OR IN CONNECTION WITH OUR SITES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, GOODWILL, REVENUE, OR PROFITS.

THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR ANY OTHER BASIS; EVEN IF ANY SWAY HYDRATION PARTY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES; AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL, OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE SWAY HYDRATION PARTIES UNDER SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

WITH REGARDS TO CONTENT RELATING TO HEALTH & WELLNESS ON THE SITE: THIS SITE OFFERS HEALTH, WELLNESS, FITNESS AND NUTRITIONAL INFORMATION AND IS DESIGNED FOR EDUCATIONAL PURPOSES ONLY. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THIS SITE. THE USE OF ANY INFORMATION PROVIDED ON THIS SITE IS SOLELY AT YOUR OWN RISK.

NOTHING STATED OR POSTED ON THIS SITE OR AVAILABLE THROUGH ANY SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE.

You agree to indemnify and hold the Sway Hydration Parties harmless from any claim or demand, including reasonable attorney’s fees and costs, made by any third party due to or arising out of your use of the Sites in a manner not permitted by Sway Hydration, including without limitation your actual or alleged violation of these Terms and Conditions.

If any User Content is your original work, then you own the copyright in that work. We do not claim any copyrights in original works created and/or posted by individual visitors to our Sites. However, by uploading, posting, transmitting, or otherwise making any User Content available on or through a Site or social media, you are granting Sway Hydration, and our related entities, an irrevocable, nonexclusive, royalty-free license to copy, modify, publish, distribute publicly, and prepare derivative works of such User Content in any medium or format without any obligation of notice, attribution, or compensation to you.

All communications, feedback, questions, comments, suggestions, proposed features and/or products, and the alike (collectively referred to as Feedback) will be considered non-confidential and non-proprietary with regard to you, but we reserve the right to treat any such Feedback as the confidential information of Sway Hydration. By submitting Feedback to Sway Hydration, you assign to Sway Hydration, free of charge, a perpetual, irrevocable, worldwide license to create derivative works, distribute, reproduce, perform, display, and otherwise use, any intellectual property rights or proprietary information and ideas contained within any such Feedback, including without limitation the right to sublicense or assign any of the foregoing.

We will be entitled to use any Feedback you submit to us, and any ideas, concepts, know-how, or techniques contained in any such Feedback, for any purpose whatsoever, including but not limited to developing and marketing products and services using such Feedback without restriction and without notifying or compensating you in any way.

Please do not send us any information or materials for which you do not wish to grant us such rights, including, without limitation, any confidential information or any original creative materials such as product ideas, written materials, photographs, original artwork, or computer code. You are responsible for the information and other content contained in any Feedback you submit to us, including, without limitation, their truthfulness and accuracy.

All Content, copyrights, and other intellectual property rights in the Content available on our Sites, including without limitation Site design, text, graphics, interfaces, and the selection and arrangements thereof, are owned by Sway Hydration, with all rights reserved, or in some cases may be licensed to Sway Hydration by third parties.

This Content is protected by the intellectual property rights of Sway Hydration or those owners. All Content which qualifies for protection under Federal Copyright Law under the laws of the United States is subject to the exclusive jurisdiction of the Federal Court System, whether registered or unregistered. All trademarks displayed on the Site are the trademarks of their respective owners and constitute neither an endorsement nor a recommendation of such parties. In addition, such use of trademarks or links to the web sites of third parties is not intended to imply, directly or indirectly, that those third parties endorse or have any affiliation with Sway Hydration.

If you believe that any Content on our Sites violates these Terms and Conditions or is otherwise inappropriate, please report the Content by sending an email to hello@drinkSwayHydration.com.

Separate versions of our Content or our Sites may be available for use on mobile devices. If you access our Sites or Content on mobile devices, you understand that your mobile carrier’s standard charges will apply.

You may only resolve disputes with us on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed.

The arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless all relevant parties specifically agree to do so following initiation of the arbitration.

The laws of the state of Delaware and the United States govern these Terms and Conditions and any claims arising out of or relating to use of the Sites, without giving effect to any choice of law rules. We make no representation that our Sites are appropriate, legal, or available for use outside of the United States. With the exception of any matters subject to arbitration as described above, the state and federal courts located in Delaware will serve as the venue for any actions brought, or claims made, arising out of your use of our Sites.

You assume all knowledge of applicable law and you are responsible for compliance with any such laws. You may not use the Sites in any way that violates applicable state, federal, or international laws, regulations, or other government requirements.

We reserve the right, at any time, to modify, alter, or update these Terms and Conditions without prior notice. You are encouraged to check this page regularly for changes to the Terms and Conditions. Modifications will become effective immediately upon being posted to our Sites, without further notice to you. Your continued use of our Sites and purchase of our products after such modifications are posted constitutes an acknowledgement and acceptance of such modifications, and you may not amend these Terms and Conditions.

If you have any questions about these Terms and Conditions, please feel free to contact us by email at support@swayhydration.com

Effective Date of these Terms and Conditions: 30/May/2024