Terms & Conditions 2024

TERMS OF USE

Effective Date: May 24, 2024

PLEASE REVIEW THESE TERMS OF USE CAREFULLY, AS THEY AFFECT YOUR RIGHTS.

Welcome! Please review the following Terms of Use (these “Terms”), which govern your access to, and use of, the website https://flexsealproducts.com and certain other mediums through which you have access to these Terms, including any content, functionality, products, and services offered on or through https://flexsealproducts.com (collectively, the “Site ”), whether as a guest or a registered user. By visiting, accessing, viewing, or using the Site, you acknowledge and agree to follow and be bound by these Terms. If you do not agree to these Terms in their entirety, you are not authorized to use the Site, any products and/or services offered by Swift Response, LLC (“we”, “us”, “our”, or the “Company”) in any manner or form whatsoever.

PLEASE BE ADVISED THAT THESE TERMS CONTAIN AN AGREEMENT TO ARBITRATE ALL CLAIMS AND DISCLAIMERS OF WARRANTIES AND LIABILITY. THESE TERMS ALSO ALLOW YOU TO PURSUE CLAIMS AGAINST US ONLY ON AN INDIVIDUAL BASIS, AND NOT AS PART OF ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. AS A RESULT, YOU MAY SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE AND DECLARATORY RELIEF) ONLY ON AN INDIVIDUAL BASIS.

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING ANY PART OF THE SITE OR BY CLICKING TO ACCEPT OR AGREE TO THESE TERMS WHEN THIS OPTION IS MADE AVAILABLE TO YOU, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS IN THESE TERMS, THEN YOU MAY NOT ACCESS OR USE THE SITE OR ANY OF OUR OTHER SERVICES. ANY NEW FEATURES OR TOOLS WHICH ARE ADDED TO THE SITE SHALL ALSO BE SUBJECT TO THESE TERMS.

WE MAY IMMEDIATELY TERMINATE YOUR ACCESS TO THE SITE IF YOU FAIL TO COMPLY WITH ANY PROVISION OF THESE TERMS.

Additional Policies

The following policies also govern your access to and use of the Site, our products or services and are incorporated by reference into these Terms:

https://flexsealproducts.com/pages/return-policy

International Terms and Conditions

While the terms and conditions of these additional policies are intended to supplement these Terms, to the extent of any conflict between a term and condition of these Terms and a term or condition of one or more of these additional policies, the term of the additional policy will control.

For the avoidance of doubt, our Reseller Policy is not incorporated by reference into these Terms and does not constitute an agreement between us and any Reseller (as defined in the Reseller Policy).

1. CHANGES TO THESE TERMS.

You can review the most current version of these Terms at any time on this page. We may modify, change, update, or remove portions of these Terms at any time, so please check back and review these Terms from time to time. Your continued use of, or access to, the Site or our other services following the posting of any changes to these Terms constitutes your express acceptance of those changes.

2. ELIGIBILITY TO USE THE SITE.

As an individual interacting with the Site in your individual capacity or on behalf of an entity, you represent and warrant that you have all right, power, and authority to enter into these Terms on your own or such entity’s behalf and bind yourself or such entity, as applicable, to these Terms. If you are entering these Terms on behalf of an entity, all references in these Terms to “you” and “your” will mean such entity.

You acknowledge that these Terms are supported by reasonable and valuable consideration, which you have received, and which is adequate. Such consideration includes your ability to access, use or interact with the Site. You represent and warrant that you have the capacity to be bound by these Terms.

You represent and warrant that you are at least the age of 18 or if you are under the age of 18 you have the consent from your parent or legal guardian to access and use the Site. If you are a parent or legal guardian of a user under the age of 18, by allowing your child to use the Site, you are subject to, and agree to be bound by, these Terms and our Privacy Policy and you are responsible for your child’s use and access to the Site.

3. PERMITTED USE.

The Site is made available on an “as is” basis by us for the convenience of our customers and users. As a condition of your use of the Site, you may not use the Site or any of Our Content (as defined below) for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner that could damage, disable, overload, or impair the operation of the Site or use by third parties. You may not post or otherwise transmit to or from the Site by any means any defamatory, libelous, obscene, unlawful, or pornographic material or any other material or information which could result in any civil or criminal liability. We may monitor access to the Site and may, at any time and in our sole discretion, terminate or prohibit your access to the Site.

You will not, and will not permit others to, directly or indirectly: (i) reverse engineer, decompile, disassemble, decode, adapt, or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Site and/or any underlying or related software, documentation or data (collectively, “Technology”); (ii) modify, translate, or create derivative works of, from or otherwise based on the Site or any Technology, in whole or in part; (iii) access and/or use the Site for timesharing or reselling purposes or otherwise for the benefit of a third-party; (iv) upload to or otherwise use the Site to store, post or transmit infringing, libelous, fraudulent or otherwise unlawful or tortious material, or material in violation of third-party rights, including privacy rights; (v) upload to or otherwise use the Site to store or transmit code, files, scripts, agents or programs intended to do harm, including, for example (but not by way of limitation), viruses, worms, time bombs and Trojan horses; (vi) interfere with or disrupt the integrity or performance of the Site or any Technology or Our Content (in whole or in part); (vii) attempt to gain unauthorized access to the Site, the Technology or any of Our Content or any of their related systems or networks; (viii) permit direct or indirect access to or use of the Site or any of Our Content in a way that circumvents a contractual usage limit; (ix) frame or mirror the whole or any part of the Site (including any Technology or Our Content); (x) access the Site and/or the Technology (in whole or in part) in order to build a competitive product or service or for benchmarking or competitive analysis; (xi) remove any proprietary notices or labels of, on or from the Site, the Technology or any of Our Content; (xii) access or use the Site in any way that violates these Terms, any third-party rights, or any appliable rules, regulations or orders having the force of law, including, without limitation, anti-spam, export control, privacy, or anti-terrorism laws and regulations; (xiii) use the Site (in whole or in part), or any information contained therein in any way that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise harassing, abusive, objectionable or offensive; (xiv) provide false or inaccurate information when registering for an account with us, using the Site or communicating with other users; (xv) attempt to re-register with us if we have terminated your account for any or no reason or terminate your registration and re-register in order to prevent a review from being associated with your account; (xvi) disrupt the normal flow of communication or otherwise act in a manner that negatively affects other users’ ability to engage in real-time exchanges; or (xvii) claim a relationship with or speak for any individual, business, association, institution, or other organization for which you are not authorized to claim such a relationship.

4. MODIFICATIONS TO OUR SERVICES AND PRICES.

Prices for our products or services are subject to change at any time without notice. We reserve the right at any time to modify or discontinue our products or services (or any part, product, or content thereof) without notice at any time. We will not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of our products or services.

5. PRODUCTS OR SERVICES INFORMATION.

Certain products or services may be available exclusively online through the Site. These products or services may have limited quantities and are subject to our Return Policy. All prices displayed on the Site are in U.S. Dollars.

We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Site will be corrected. All material and information presented by us is intended to be used for personal, or informational purposes only. The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.

6. PURCHASES AND ACCURACY OF BILLING INFORMATION.

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by the same credit card, or orders that use the same billing or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail or billing address or phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by unauthorized dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase information for all purchases made on the Site or using our services. You agree to promptly update your account and other information, including your email address, credit card number, and expiration date, so that we can complete your transactions and contact you as needed.

You represent and warrant that you have the legal right to use any credit card(s) or other payment method(s) in connection with your purchase. We may employ the use of third-party services for the purpose of facilitating payment and the completion of purchases. By submitting your information, you grant us the right to provide the information to these third-parties subject to our Privacy Policy.

You agree that all information you provide to register with this Site or otherwise, including, but not limited to, when you make a purchase on the Site, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

7. SHIPPING POLICY.

All purchases of physical items from the Site are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. 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.

8. RETURNS AND REFUNDS.

Your purchases are subject to our Return Policy. For details on returns and refunds, please review our Return Policy.

9. FEEDBACK.

In the event that we or any of our representatives provide you with any suggestions, comments, feedback, advice, information, or recommendations (collectively, “Our Feedback”),

YOU ACKNOWLEDGE AND AGREE THAT:

OUR 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 OUR 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 OUR FEEDBACK OR YOUR OR ANY THIRD PARTY’S USE THEREOF OR RELIANCE THEREON.

We or our licensors will own and retain all right, title and interest in and to: (i) any suggestion, enhancement request, recommendation, correction or other feedback provided by you relating to the subject matter of these Terms (collectively, “Your Feedback”); (ii) any and all performance data, test or evaluation results, or other metrics derived from the Site; and (iii) all intellectual property rights related to any of the foregoing. We expressly reserve all other rights in and to the foregoing. Any improvements, enhancements or other modifications created, prepared, produced, authored, edited, amended, conceived or reduced to practice by us (whether alone or together with you or any other third party or parties) arising out of or relating to Your Feedback are and will remain our sole and exclusive property.

10. OUR CONTENT AND INTELLECTUAL PROPERTY.

The Site and our other services contain a variety of: (i) materials and other items relating to us and our products and services, and similar items from our licensors and other third parties, including all layout, information, articles, posts, text, data, files, images, scripts, designs, graphics, button icons, instructions, illustrations, photographs, audio clips, music, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the “look and feel” of the Site, services and products, and the compilation, assembly, and arrangement of the materials of the Site and any and all copyrightable material (including source and object code); (ii) trademarks, trade dress, logos, trade names, service marks, and/or trade identities of various parties, including our trademarks; and (iii) patents and other forms of intellectual property (all of the foregoing collectively, “Our Content”).

The Site (including past, present, and future versions) and Our Content are owned by us, our licensors or certain other third parties. All right, title, and interest in and to Our Content available via the Site is the property of us or our licensors or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent, or other intellectual property and unfair competition rights and laws to the fullest extent possible. We own the copyright in the selection, compilation, assembly, arrangement, and enhancement of Our Content on the Site and our other services.

When using the Site, you must respect the intellectual property and other rights of us and others. Your unauthorized use of Our Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability. Because Our Content (which includes our trademarks) are among our most valuable business assets, we will pursue our legal remedies in the event of any unauthorized use or misuse of any of Our Content.

11. YOUR CONTENT.

In the course of using the Site, you may submit or transmit certain content on, to, through or in connection with the Site or our other services, including your personal information, reviews, ratings and information that may be publicly displayed on or through the Site (collectively, “Your Content”).

You alone are responsible for Your Content, and once published or otherwise used by us in accordance with our Privacy Policy, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. By submitting Your Content on or through the Site, you represent and warrant that you own, or have the necessary permissions to use and authorize the use of Your Content as described in these Terms and our Privacy Policy and that Your Content complies with these Terms. You may not imply that Your Content is in any way sponsored or endorsed by us.

You acknowledge that Your Content may expose you to liability. For example, but not by way of limitation, you may be exposed to liability if Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.

Notwithstanding anything to the contrary, and to the extent not prohibited by law, we will have the right to collect and analyze Your Content and other information relating to the provision, use and performance of various aspects of the Site (including the Technology, and including, without limitation, Your Content and data derived therefrom), and we will be free (during and after the term of your use of the Site) to: (i) use such information and data to improve and enhance the Site, our services and products, and for other development, diagnostic and corrective purposes in connection with the Site, including the Technology and/or our other service or product offerings; and (ii) use and disclose such information and data solely in aggregate or other de- identified form in connection with our business without disclosing your identity, or the identity of any of your individual authorized users (“Aggregated Data”). No rights or licenses are granted except as expressly set forth herein.

12. INTERNATIONAL USERS.

The Site and our other services are controlled, operated and administered by us from the United States of America. We make no representations or warranties that the Site or our other services are permissible, appropriate or available for use in other jurisdictions. If you access the Site or our other services from a location outside the United States, then you do so by your own volition and you are solely responsible for compliance with all laws, regulations and rules (including local laws and any applicable United States export control laws). You must not use the Site, our other services or Our Content in a manner prohibited by any applicable state, federal, international, or local laws, rules, restrictions, or regulations. If you make a purchase from outside of the United States of America, then you are subject to, and agree to be bound by, our International Terms and Conditions , which are incorporated into these Terms by reference.

13. 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 .

14. CONTESTS AND SWEEPSTAKES.

In the event that we, or our third-party service providers, mail, e-mail, or contact you by other means, to 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.

15. LINKING TO THE SITE AND SOCIAL MEDIA FEATURES.

You may link to certain portions of the Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our prior written consent.

The Site may provide certain social media features that enable you to: link from your own or certain third-party websites to certain content available on the Site; send e-mails or other communications with certain content, or links to certain content available on the Site; or cause limited portions of content available on the Site to be displayed or appear to be displayed on your own or certain third-party websites. You may use these features solely as they are provided by us, solely with respect to the content with which they are displayed, and otherwise in accordance with these Terms and any additional terms and conditions that we may provide with respect to such features. Subject to the foregoing, you must not: (i) establish a link from any website that is not owned by you; (ii) use the Site or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any website; or (iii) otherwise take any action with respect to the materials available on the Site that is inconsistent with any other provision of these Terms.

Any website from which you are linking, or on which you make certain content accessible, must comply in all respects with these Terms. You agree to cooperate with us in causing any unauthorized framing or linking to immediately cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.

16. ACCESS CREDENTIALS.

You may be issued a username, identification number, password, link, or security key, security token, PIN or other security code, method, technology or device used, alone or in combination, to verify an individual's identity and authorization to access and use the Site or our other services (“Access Credentials”). We encourage you to use strong Access Credentials (i.e., in the case of a password, one that is long, uses a mix of letters (upper and lower case), numbers and symbols, has no ties to your personal information, and no dictionary words) even if simple Access Credentials are permitted. You have and will retain sole responsibility for the security and use of all Access Credentials, including for any losses that you or any third-party may suffer as a result of the authorized or unauthorized use of any Access Credentials by any third-party. We reserve the right to disable any Access Credentials at any time in our discretion for any or no reason, including (without limitation) if, in our opinion, you have violated any provision of these Terms.

17. THIRD-PARTY MATERIALS.

You acknowledge and agree that: (i) one or more of the functionalities, services or products available on or via the Site may be made available by third parties (“Third-Party Service Providers” and such functionalities, services or products, “Third-Party Materials”); (ii) certain aspects of the Site rely on API integration for certain features and functions, but that API integration has its own inherent level of unpredictability and inconsistency that is out of our control, and that as such we will have no liability for downtime of the Site caused by API integration failures; (iii) Third-Party Service Providers may impose restrictions on purchase and/or use of the particular Third-Party Material, in addition to other terms and conditions, including without limitation, those set forth in any applicable terms and conditions agreed to by, or otherwise made available to, you (collectively, “Third-Party Requirements”); (iv) you are solely responsible for compliance with, and will ensure that you comply with, all Third-Party Requirements; and (v) we may at any time terminate and/or discontinue any Third-Party Materials, including as a result of termination of our relationship with the applicable Third-Party Service Provider. ALL THIRD-PARTY MATERIALS ARE MADE AVAILABLE VIA THE SITE “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED OR OTHER.

Links from the Site to external sites or inclusion of advertisements and other third-party content on the Site (including Content), do not constitute an endorsement by us of such sites or the content, products, advertising, and other materials presented on such sites or of the products and services that are the subject of such third-party content, but are for our users’ reference and convenience. We do not control third-party sites or content, and, as a result, we are not and will not be responsible for them. Such sites and content are governed by their respective owners’ terms of use/terms and conditions and privacy policies, and not these Terms (including our Privacy Policy). We expressly disclaim any liability derived from the use and/or viewing of such links or content that may appear on the Site, and you hereby agree to hold us harmless from any liability that may result from the use of such links or content.

18. AVAILABILITY.

Content on the Site may refer to products, programs or services that are not available in your location. Consult our representative for information about the products, programs and services that may be available to you.

19. COUPONS.

Swift may from time to time make available promotional codes, coupon codes, or other discount codes. Such promotional, coupon, or discount codes are limited to one per person. Promotional, coupon, or discount codes may not be assigned, transferred, copied, or sold and have no cash redemption value. Offers are valid while supplies last and may be subject to certain exceptions. No rain checks.

Promotional, coupon, or discount codes are not valid with any other discounts or offers.

Coupon expiration times are based on Eastern Time Zone.

State and local laws may require or permit Swift to charge sales tax on the selling price of applicable product without deduction for the amount of the promotional, coupon, or discount code.

International customers may not be able to take advantage of certain promotional, coupon, or discount codes.

All promotional, coupon, or discount codes are subject to all applicable rules and regulations, and are void where prohibited.

Swift reserves the right to cancel or limit any code redemption a) made contrary to the terms of the applicable code; b) that otherwise is not in compliance with these Terms and Conditions; c) that violates any applicable state and federal law; or d) that Swift believes is fraudulent or made through improper channels. Additionally, there may be certain orders that Swift is either unable to accept or must cancel. Swift reserves the right, at its sole discretion, to refuse or cancel any order for any reason. Swift are not responsible for inaccuracies or errors.

20. DISCLAIMERS; LIABILITY LIMITATIONS AND EXCLUSIONS.

YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER WE NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, AVAILABILITY, OR FUNCTIONALITY OF THE SITE, ITS CONTENT AND TECHNOLOGY, THE INTERNET, AND ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANYONE ASSOCIATED WITH US REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES, MALICIOUS CODE, OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. RATHER, WE EXPRESSLY DISCLAIM ALL SUCH WARRANTIES.

WE MAKE NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND THOSE ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.

WE RESERVE THE RIGHT TO MODIFY, SUSPEND OR DISCONTINUE THE OFFERING OF THE SITE AT ANY TIME FOR ANY REASON WITHOUT PRIOR NOTICE. FURTHER, WE 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 WE NOR ANY OF OUR AFFILIATES OR SUPPLIERS OR OUR 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, PANDEMICS, EPIDEMICS, ACTS OF WAR OR OTHER LIKE CAUSES BEYOND OUR REASONABLE CONTROL. WE 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 WEBSITE 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 WE HAVE 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.

IN NO EVENT WILL OUR, AND OUR LICENSORS, SERVICE PROVIDERS AND SUPPLIERS, COLLECTIVE AGGREGATE LIABILITY UNDER OR IN CONNECTION WITH THESE TERMS OR ITS SUBJECT MATTER, UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY AND OTHERWISE, EXCEED THE AMOUNTS PAID BY YOU TO US UNDER THESE TERMS DURING THE TWELVE-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR, IF YOU HAVE NOT PAID US IN CONNECTION WITH THE USE OF ANY SERVICES OR PRODUCTS, THE AMOUNT OF $25.00. THE FOREGOING LIMITATION APPLIES NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.

21. INDEMNIFICATION.

You will indemnify, defend and hold harmless all of the Released Parties from and against any and all losses, damages, settlements, costs, fees, penalties, causes of action, third party claims, expenses, and all other liabilities, including, but not limited to, attorney’s fees and legal costs, arising out of, related to, or in connection with: (i) your use or misuse of the Site or our products or services, or your connection to the Site; (ii) Your Content; (iii) your violation or breach of any of these Terms; (iv) non-payment by you for any of our services or products; or (v) your tortious misconduct, including, but not limited to, fraud, and any other tort or your violation of any law or the rights of any third-party. These obligations will survive any termination of your relationship with us or your use of the Site or our services or products.

22. TEXT MESSAGING ("SMS") TERMS OF USE.

We offer our customers mobile alerts about order and shipping updates and other marketing messages about events, new products, and other offers by SMS message (the “SMS Service”). By participating in the SMS Service, you are agreeing to this Section and to our Privacy Policy. THESE TERMS CONTAIN AN ARBITRATION AGREEMENT, JURY AND CLASS ACTION WAIVERS, LIMITATIONS ON OUR LIABILITY, AND OTHER PROVISIONS THAT AFFECT YOUR LEGAL RIGHTS REGARDING THE SMS SERVICE. PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS.

A. Signing Up and Opting-In to the SMS Service.

Enrollment in the SMS Service requires you to provide your mobile phone number and electronic signature to agree to these Terms. You may not enroll if you are under 18 years old (except in Alabama and Nebraska, 19 years old). We reserve the right to stop offering the SMS Service at any time with or without notice. By opting into the SMS Service, you:

• Authorize us to use auto dialer or non-auto dialer technology to send text messages to the mobile phone number associated with your opt-in (i.e., the number listed on the opt-in form or, if none, the number from which you send the opt-in, or, if none, the number on file for the account associated with your opt-in).

• Acknowledge that you do not have to agree to receive messages as a condition of purchase.

• Confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to opt in.

• Consent to the use of an electronic record to document your opt-in. To request a free paper or email copy of the opt-in or to update our records with your contact information, please call 833-411-3539. To view and retain an electronic copy of these Terms or the rest of your opt-in, you will need (i) a device (such as a computer or mobile phone) with Internet access, and (ii) either a printer or storage space on such device. For an email copy, you'll also need an email account you can access from the device, along with a browser or other software that can display the emails.

B. Messages You May Receive.

Once you affirm your choice to opt into the SMS Service, your message frequency may vary. You may receive an alert when:

• you are welcomed into the SMS Service

• an order has been placed

• an order has been delivered

• an item or items has shipped

• there are general marketing or promotions

• sweepstakes or contests

• an item has been left in your online cart or site abandonment

C. Charges and Carriers.

Message and data rates may apply. Please consult your service agreement with your wireless carrier or contact your wireless carrier to determine your phone’s pricing plan and the charges for sending and receiving text messages. You acknowledge that you are responsible for any message, data or other charges incurred (usage, subscription, etc.) as a result of using the SMS Service. The SMS Service may not be available on all wireless carriers. We may add or remove any wireless carrier from the SMS Service at any time without notice. We and mobile carriers are not responsible for any undue delays, failure of delivery, or errors in messages.

D. To Stop the Service.

To stop receiving text messages from us, reply STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode. After texting STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode, you will receive one additional message confirming that your request has been processed. You acknowledge that the text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands and agree that we and our service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from us through any other programs you have joined until you separately unsubscribe from those programs. These Terms will still apply if you withdraw the consent mentioned above or opt out of the SMS Service.

E. Help and Questions.

You can text HELP for help at any time. After you send the SMS message “HELP” to us, we will respond with instructions on how to use our service as well as how to unsubscribe.

F. Mobile Phone Number Change.

In the event that you change or deactivate your mobile phone number, you agree to notify us by emailing order-support@swiftdrtv.com or calling 833-411-3539.

G. Data and Message Frequency.

Data obtained from you in connection with this text messaging service may include your mobile phone number, your carrier’s name, and the date time and content of your messages and other information you provide to us as part of the SMS Service. We may use this information to contact you and provide services you request from us. We may also use this information as described in the subscription list you’ve enrolled in. We may use an automatic dialing system to deliver text messages to you. If you have questions regarding our privacy practices, please read our privacy policy at PRIVACY POLICY.

As always, message and data rates may apply for any messages sent to you from us and to us from you. We reserve the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. We also reserve the right to change the short code or phone number from which messages are sent and we will notify you when we do so. This does not include non-autodialed messages such as those from sales associates, conversations with “HELP” providers, or package delivery updates. If you have any questions about your text or data plan, it is best to contact your wireless provider. For questions about the services we provide, contact us at 833-411-3539.

We will not be liable for any delays in the receipt of any text messages. Delivery is subject to effective transmission from your network operator.

23. DISPUTES.

Please read this section carefully. Except as the Terms otherwise provide, you waive your rights to try any claim in court before a judge or jury and to bring or participate in any class, collective, or other representative action.

A. Agreement to Binding Arbitration.

Before initiating arbitration, you acknowledge and agree that you will first give us an opportunity to resolve your problem or dispute. This includes sending a written description of your problem or dispute to us including, but not limited to, information or representations related to our products and upon which you rely. You may seek to resolve any customer concerns through our Support services at 833-411-3539 or send the written description by U.S. Mail to: 2690 Weston Rd Ste 200, Weston, FL, 33331; Attn: General Counsel. You agree to negotiate with us in good faith about your problem or dispute. If for some reason your problem or dispute is not resolved to your satisfaction within 30 days after our receipt of your written dispute, you agree to the dispute resolution provisions below.

By agreeing to these Terms, you agree that you are required to resolve any claim that you may have against us, the Site or our services or products, the giveaways or the sweepstakes, on an individual basis in arbitration. You and we agree that any disputes between us (including any disputes between you and a third-party agent of the Company) will be resolved through binding and final arbitration and not in a court, except that you may assert claims in small claims court if your claims qualify. This includes, but is not limited to, (a) any dispute, claims, or controversy arising out of or relating to any part of these Terms, (b) the existence, breach, termination, enforcement, interpretation or validity thereof; or (c) your access to or use of our services or products at any time. Such dispute shall be submitted to the American Arbitration Association (“AAA”) for individual arbitration in the county of your billing address (or such other location as you and we mutually agree) and shall be before one arbitrator. The arbitration shall be administered by the AAA pursuant to its Consumer Arbitration Rules and Procedures, only as modified by these Terms.

The parties agree that the arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether these Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.

By agreeing to individual arbitration, you understand and agree that you are waiving your right to maintain other available resolution processes, such as a court action or administrative proceeding, to settle any disputes or claims. The rules in arbitration are different. There is no judge or jury. Although review is limited, an arbitrator can award on an individual basis the same damages and relief as would be available in court, and must enforce the same limitations stated in these Terms as a court would.

Notwithstanding the foregoing, either party may bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyright rights, trademarks, trade secrets, patents or other intellectual property rights.

B. No Class Action.

You and we each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. This means that you and we each agree to arbitrate in our individual capacities only, not as a representative of a class, a member of a class, or a Private Attorney General. Likewise, an Arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.

C. Rules and Governing Law.

The arbitration will be administered by the AAA in accordance with the Consumer Arbitration Rules then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at https://www.adr.org/sites/default/files/Consumer_Rules_Web_1.pdf. The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with these Terms.

D. Federal Arbitration Act.

Notwithstanding any choice of law or other provision in these Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the state of Florida without regard to its conflict of laws provisions.

E. Arbitration Process.

To begin an arbitration proceeding, after satisfying the condition precedent identified above, you must (1) send a verified and personally signed demand for arbitration that describes (a) the nature and basis of your claims, and (b) the nature and basis of the relief sought, including a detailed calculation to: Swift Response, LLC c/o Legal Department, 1870 N. Corporate Lakes Blvd, Suite # 266948, Weston, FL 33326 ; email: order-support@swiftdrtv.com, and (2) contact the AAA and follow the appropriate procedures with the AAA to commence the arbitration. The AAA consumer rules for arbitration will apply as modified by this Dispute Resolution section. Payment of all filing, administration and arbitrator fees will be governed by the AAA's applicable Consumer Rules. The parties shall be responsible for their own attorneys' fees and costs in arbitration, unless they are authorized by law or the Arbitrator determines that a claim was frivolous or brought for an improper purpose or in bad faith. In addition, the provisions of Federal Rule of Civil Procedure 68 shall apply and be enforced by the Arbitrator. The arbitration may be conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed upon location as set forth in the AAA rules. If requested, you shall personally appear (with your counsel if you have one) at an initial telephone conference with a case manager before an Arbitrator is appointed. Notwithstanding anything to the contrary, the Company will pay all fees and costs that we are required by law to pay.

Unless you and we agree otherwise in writing, in the event that any provision of this section is found not to apply to you or to a particular claim or dispute as a result of a decision by the Arbitrator or a court order, any claim or dispute that has arisen or may arise between you and us must be resolved exclusively by a state or federal court located in Broward County, Florida. You and we will submit to the personal jurisdiction of the courts located within Broward County, Florida for the purpose of litigating all such claims or disputes.

F. Arbitrator’s Decision.

Regardless of the manner in which the arbitration is conducted, the Arbitrator shall issue a reasoned written decision sufficient to explain the essential findings of fact and conclusions of law on which the award is based. Judgment on the award may be entered in any court having competent jurisdiction. This clause shall not preclude the parties from seeking provisional remedies in aid of arbitration from a court of competent jurisdiction. An Arbitrator’s decision shall be final and binding on all parties.

Judgment on any award rendered by the Arbitrator is final, binding and conclusive on you and us and your and our respective administrators, executors, legal representatives, successors and assigns.

With the exception of disclosures to affiliates and legal counsel, all negotiations and arbitration proceedings related to a dispute (including a settlement, award, or the documents and briefs exchanged or produced during arbitration) are confidential and may not be disclosed by the parties except to the extent necessary for interim measures or conservatory relief, the enforcement of an arbitration award, or as required by law.

G. Opt-Out Procedure Applicable To All Consumers.

You can decline this agreement to arbitrate by emailing us at order-support@swiftdrtv.com and providing the requested information as follows: (1) Your Name; (2) the URL of these Terms; (3) Your Address; (4) Your Phone Number; and (5) a clear statement that you wish to opt out of this arbitration provision in these Terms. The Opt-Out Notice must be emailed no later than 30 days after the date you first accept these Terms.

24. LIMITATION ON TIME TO FILE CLAIMS.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

25. MISCELLANEOUS PROVISIONS.

The provisions of these Terms regarding ownership, disclaimers, indemnification, governing law and forum shall continue in effect indefinitely. Each notice to us in connection with these Terms shall be provided in writing, and notice shall be deemed to have been given on the date we receive it. You may not assign these Terms without our prior written consent. For purposes of these Terms, the words “include,” “includes” and “including” are deemed to be followed by the words “without limitation”, and the word “or” is not exclusive.

26. PRIVACY.

All information we collect on the Site is subject to our Privacy Policy https://www.flexsealproducts.com/privacy-policy. By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. The Privacy Policy is hereby incorporated by reference in these Terms.

27. ENTIRE AGREEMENT.

These Terms, together with the Privacy Policy and the other terms and conditions, documents and policies incorporated herein by reference, shall constitute the sole and entire agreement between you and us regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.

28. SEVERABILITY.

If any portion of these Terms are found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the provisions of these Terms, which will remain in full force and effect, including the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.

29. CONTACT INFORMATION.

If you have any questions or need further information as to the Site, please contact us via email at: order-support@swiftdrtv.com.

30. SWIFT RESPONSE MAPP 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 (Specific terms are provided to authorized resellers and are available by written request only). 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 its 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/pages/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 terms upon appropriate notice and to require compliance with new MAPP guidelines. The MAPP is effective June 9, 2017 and revised effective May 1, 2022

• 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.

Specific terms are provided to authorized resellers and are available by written request only. Requests should be made to order-support@swiftdrtv.com

• 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.

   A. Frequently Asked Questions:

Q: When will the MAPP take effect? A: May 1, 2022.

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.