Term & Conditions

Effective From: November 2022

Please review the following terms and conditions ("Terms") that govern your use of and purchase of products from (collectively, "Use") BSwish Custom and any BSwish Custom brand mobile applications (collectively, our "Site"). The Site is provided by BSwish Custom. ("BSwish Custom"). By creating an Account or otherwise accessing or using the Site, you acknowledge and agree to follow and be bound by these Terms.

THESE TERMS INCLUDE A CLASS ACTION WAIVER AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. DETAILS ARE SET FORTH IN SECTION 16, BELOW.

1.  Eligibility
   You must be at least 13 years old to Use the Site. If you are under the age of majority in your state of residence (a minor), your parent or legal guardian must agree to these Terms on your behalf, and you may only access and Use the Site with permission from your parent or legal guardian. By using the Site, you represent and warrant that: (a) all information you submit during Account registration is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your Use of the Site does not violate any applicable law or regulation. Your profile and Account may be terminated and deleted without warning if we believe that you are under 13 years of age, if we believe that you are under 18 years of age and you represent yourself as 18 or older, or if we believe you are over 18 and represent yourself as under 18.
2.  Accounts & Registration
   You must set up a user account to use certain features of the Site ("Account"), such as when you register for a shopping account and participate in services including Wish List, Product Reviews, and BSwish Custom Social. You will need to provide a password, username, and other information such as your name and email address. You are solely responsible for keeping your Account information confidential. You may not transfer, sell, assign, or sublicense your Account to any third party without our prior written approval. You are solely responsible for all usage or activity on the Site that occurs under your Account, including, but not limited to, Use of the Site by any person who uses your Account, with or without authorization. You agree to notify BSwish Custom customer service immediately of any unauthorized use or any other breach of security on your Account. BSwish Custom will not be liable for losses incurred as a result of an unauthorized use of a password or account. Personal information submitted through the Site is governed according to BSwish Custom’s Privacy Policy.
3. Shipping, Processing & In-Store Pickup
   For information about our shipping and other delivery options and policies, please visit our Pickup and Delivery page.
4. Merchandise Availability
   Merchandise availability on our Site is not guaranteed as it may be low in stock. If merchandise is not available by the time your order processes, we will notify you of this via email. You can always verify availability by calling Customer Service at 501-904-6978 or by joining us in Chat. You will receive a shipping confirmation email once your items have shipped.
5. Product Information
   The prices displayed on our Site may differ from prices that are available in stores. Our pricing may also differ from store to store and between different BSwish Custom. BSwish Custom products displayed on the Site may be available in selected BSwish Custom stores in the United States. The prices displayed on the Site are quoted in U.S. dollars, unless otherwise indicated.
   
   

   Please note that while we have tried to accurately display the colors of products, the actual colors you see will depend on your monitor or mobile device and may not be accurate. Additionally, from time to time there may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and/or availability. As a result, we do not guarantee the accuracy or completeness of any information on the Site, including prices, product images, specifications, and/or availability. BSwish Custom reserves the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice (including after you have submitted your order). If you do not wish to continue your purchase after pricing or other information has been corrected, please contact us right away.

6. Transactions
   We reserve the right to refuse or cancel any order you place on the Site, including for pricing errors, as set forth in our Pricing Policy. We reserve the right to limit quantities on orders placed by the same Account, on orders placed by the same method of payment, and on orders that use the same billing or shipping address. We reserve the right to, in our sole discretion, prohibit purchases of any products to resellers, dealers, and distributors.
   
   If you wish to purchase any product or service made available through the Site, you may be asked to supply certain information relevant to your transaction including, without limitation, information about your method of payment (such as your payment card number and expiration date), your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY PAYMENT CARDS OR OTHER PAYMENT METHODS UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to us the right to provide such information to third parties for purposes of facilitating the transactions initiated by you or on your behalf.

   
   You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the prices in effect when such charges are incurred including, without limitation, all shipping and handling charges, and you authorize us to charge all sums for the orders that you make to the payment method specified at the time. In addition, you remain responsible for any taxes that may be applicable to your transactions. You authorize us to charge all applicable amounts for the orders that you make to the payment method specified at the time of purchase.

7. Site Contents
   The visual interfaces, graphics, design, photographs, videos, audio, information, data, computer code, materials, and content of the Site, the Site as a whole, and all other elements of the Site (collectively, "Contents") are protected by copyright, trademark, trade dress, patent, or other intellectual property rights. All Contents are owned, controlled, or licensed by BSwish Custom or its subsidiaries and affiliates. Any use of the Contents without BSwish Custom's express written consent is strictly prohibited. BSwish Custom reserves all rights to the Contents not granted expressly in these Terms. Any material downloaded or otherwise obtained through the Use of the Site is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.
   
   BSwish Custom grants you a limited license to access and Use the Site and the Content solely for your personal, noncommercial Use. Music may not be copied except only as necessary to access the Site. You may copy other Contents displayed on the Site for your personal, noncommercial Use only. No right, title, or interest in any Contents is granted or transferred to you as a result of any such copying. Except as noted above, you may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, any of the Contents or the Site. Unauthorized use of the Contents is expressly prohibited by law, and may result in severe civil and criminal penalties.

8. Comments, Feedback & Other Submissions
   We welcome your comments and feedback regarding our Site, our products and our services. We do not, however, accept confidential or proprietary information. Accordingly, all comments, feedback, ideas, suggestions, materials, information, and other submissions disclosed, submitted or offered to BSwish Custom using this Site or otherwise (collectively, "Comments") are not confidential. You hereby grant us an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Comments in any manner and for any purpose, including to improve the Site and create other products and services.
9. Privacy
   Any personal information that you provide to BSwish Custom is subject to our Privacy Policy. Please review the Privacy Policy for more information about how we collect and use personal information.
10. User Content
    Certain features of the Site may permit users to upload, submit, and post content to the Site, including messages, reviews, photos, video, images, folders, data, text, and other types of works ("User Content") and to publish User Content on the Site. BSwish Custom uses a variety of third-party social media websites, communication services, and media channels such as Facebook, Twitter, and Instagram (collectively, "Social Media Assets") to communicate and interact with our customers. Any content or materials submitted or posted to these Social Media Assets will be considered User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Site or Social Media Assets. You retain any copyright and other proprietary rights that you may hold in the User Content that you post to the Site.
    
    

    BSwish Custom does not endorse, support, sanction, encourage, verify or agree with the comments, opinions or statements posted on forums, blogs or otherwise contained in the Site and expressly disclaims any and all liability in connection with User Content submissions. BSwish Custom disclaims any and all liability in connection with User Content, and you agree that BSwish Custom and its third-party service providers are not responsible, and shall have no liability to you, with respect to any User Content.

    If you are a BSwish Custom employee and submit a review as part of your User Content, you must disclose your employment status within that review.
    
    By providing User Content via the Site or Social Media Assets, you affirm, represent, and warrant that:

    a) you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize BSwish Custom and users of the Site to use and distribute your User Content as necessary to exercise the licenses granted by you in these Terms, in the manner contemplated by BSwish Custom, the Site, and these Terms;

    b) your User Content, and the use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate 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; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause BSwish Custom to violate any law or regulation or otherwise cause liability for BSwish Custom;
    
    c) if you are a BSwish Custom employee, that you have disclosed this fact in any review you have submitted; and
    
    d) your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate
    

11. License to Your Content
    By posting, displaying, uploading, or providing User Content to the Site or  Social Media Assets, you hereby grant BSwish Custom a perpetual, irrevocable, royalty-free, sublicensable, worldwide license to use,  copy, distribute, reproduce, modify, adapt, publish, translate, transmit, disclose, publicly perform, and publicly display the User Content (in whole or in part) and to incorporate such User Content into other works in any format or medium now known or later developed for any and all commercial or non-commercial purposes. By providing User Content to or via the Site to other users of the Site, you grant those users a non-exclusive license to access and use that User Content as permitted by these Terms and the functionality of the Site.
12. Sole Discretion to Edit or Screen Content
    BSwish Custom does not and cannot review or screen all User Content and is not in any manner responsible for the content of User Content. You acknowledge that by providing you with the ability to view and distribute User Content on the Site, BSwish Custom is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Site. BSwish Custom reserves the right, but undertakes no duty, to at any time and without prior notice review, screen, remove, edit, move, delete, or block any User Content, in its sole discretion, without notice. If at any time BSwish Custom chooses, in its sole discretion, to monitor the Site, BSwish Custom nonetheless assumes no responsibility for User Content, no obligation to modify or remove any inappropriate User Content, and no responsibility for the conduct of the user submitting any such User Content.
13. Acceptable Use
    You are responsible for your Use of the Site. Our goal is to create a positive, useful, and safe user experience. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to us. When you Use the Site, you may not:
    
    • violate any law or regulation;
    • violate, infringe, or misappropriate other people's intellectual property, privacy, publicity, or other legal rights;
    • post or share anything that is illegal, abusive, harassing, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;
    • submit, send, post, upload, or otherwise make available unsolicited or unauthorized advertising or commercial communications, such as spam, advertising, promotional materials, junk mail, chain letters, or any other form of solicitation;
    • advertise to, or solicit, any user to buy or sell any products or services, or use any information obtained from the Site to contact, advertise to, solicit, or sell to any user without their prior explicit consent;
    • submit any content linking to multilevel marketing schemes, pyramid schemes, or off-topic content;
    • engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from the Site;
    • alter or tamper with any Contents, information, or materials on or associated with the Site;
    • transmit any viruses, malicious code, or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems;
    • post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or any other personally identifiable or private information from any user;
    • disrupt, overwhelm, attack, modify or interfere with the Site or its associated software, hardware, or servers in any way;
    • take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
    • impede or interfere with others' Use of the Site;
    • abuse, defame, threaten, intimidate, stalk, harass, or harm another individual;
    • impersonate any person or entity or perform any other similar fraudulent activity, such as phishing
    • use any robots, spiders, scrapers or any other automated means to access the Site for any purpose.
    • use any means to scrape or crawl any web pages contained on the Site;
    • attempt to circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect or restrict access to the Site;
    • attempt to decipher, decompile, disassemble, or reverse engineer any of the software or other underlying code used to provide the Site; or
    • advocate, encourage, or assist any third party in doing any of the foregoing.

14. Copyright Infringement Policy/DMCA
    We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act (DMCA). If you believe that your work has been copied or used on the Site in a way that constitutes copyright infringement, please send the following information to the Copyright Agent named below:
    
    • Your address, telephone number, and email address.
    • A description of the copyrighted work that you claim has been infringed.
    • A description of where the alleged infringing material is located on the Site.
    • A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law.
    • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
    • A statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.

BSwish Custom may at its discretion suspend or terminate the access of and take other action against users, subscribers, registrants, and account holders who infringe the copyright rights of others.

15. Disclaimer, Limitation of Liability & Indemnity
    THIS SITE, ALL CONTENTS, AND ALL PRODUCTS AND SERVICES MADE AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN "AS IS" BASIS. BSWISH CUSTOM DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BSWISH CUSTOM DOES NOT WARRANT THAT YOUR USE OF THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THIS SITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. ALTHOUGH BSWISH CUSTOM ENDEAVORS TO PROVIDE ACCURATE INFORMATION, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY OR RELIABILITY OF INFORMATION ON THIS SITE.  
    
    

    YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER BSWISH CUSTOM NOR ITS AFFILIATED OR RELATED ENTITIES OR ITS VENDORS OR CONTENT PROVIDERS SHALL BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHERWISE), INJURY, CLAIM, OR LIABILITY OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM YOUR USE OR INABILITY TO USE THIS SITE, ANY INFORMATION OR MATERIALS PROVIDED ON THE SITE, OR ANY PRODUCTS PURCHASED THROUGH THE SITE.

    BSWISH CUSTOM IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY MATERIALS ON THE SITE, OR WITH ANY OF BSWISH CUSTOM'S TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

    YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS BSWISH CUSTOM AND ITS AFFILIATES, AND THEIR RESPECTIVE SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISTRIBUTORS, VENDORS AND AFFILIATES FROM AND AGAINST ANY AND ALL THIRD-PARTY CLAIMS, DEMANDS, LIABILITIES, COSTS OR EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING OR ARISING OUT OF YOUR BREACH OF THESE TERMS OR ANY ACTIVITY RELATED TO YOUR ACCOUNT (INCLUDING NEGLIGENT OR WRONGFUL CONDUCT).

    If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if we are otherwise found to be liable to you in any manner, then our aggregate liability for all claims under such circumstances shall not exceed the amount paid by you to BSwish Custom through the Site during the prior twelve (12) months.

    Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for damages. Accordingly, some of the above indemnities, limitations and disclaimers may not apply to you. To the extent we may not, as a matter of applicable law, disclaim any warranty or limit our liability, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such law.

16. Dispute Resolution
    Our Customer Service Specialists are ready to assist you and address your concerns—email bswishcustom@gmail.com or call 501-904-6978.
    
    

    For purposes of this Section 16 (Dispute Resolution), “BSwish Custom,” shall include its subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns.

    THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS, COLLECTIVE, OR REPRESENTATIVE CLAIM OR ACTION, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN THE AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR BSWISH CUSTOM WOULD HAVE IN COURT, SUCH AS APPELLATE REVIEW, ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

    If you and BSwish Custom have a Dispute (defined below) and our customer service team is unable to resolve your concern, you and BSwish Custom agree to make a good faith effort to resolve it informally prior to initiating a formal arbitration proceeding. If you intend to initiate an arbitration proceeding, you must first send a verified Notice to BSwish Custom that describes the Dispute. The Notice must include your name and contact information (address, telephone number, and email address), sufficient information to enable BSwish Custom to identify any transaction at issue; and a detailed description of (1) the Dispute, (2) the nature and basis of your claims, and (3) the nature and basis of the relief sought, with a detailed calculation. The Notice shall be sent by email to: bswishcustom@gmail.com. You must personally sign the Notice. If requested by BSwish Custom, you must personally appear at and participate in a telephone settlement conference (if you are represented by counsel, your counsel may also participate) to discuss the Dispute. If the Dispute is not resolved within sixty (60) days after receipt of the Notice (which period can be extended by agreement of the parties), you or BSwish Custom may commence a formal dispute resolution proceeding consistent with the process set forth below. Compliance with and completing this informal dispute resolution process is a condition precedent to filing any formal dispute resolution proceeding, including a demand for arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in this informal dispute resolution process. If the sufficiency of a Notice or compliance with this informal dispute resolution process is at issue, it may be decided by a court at either party’s election, and any formal dispute resolution proceeding shall be stayed pending resolution of the issue.  A court shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of a demand for arbitration.

    If we are unable to resolve the Dispute through the mandatory informal dispute resolution process, you unconditionally agree that, except as set forth below, all claims, controversies, or disputes between you and BSwish Custom will be resolved entirely through binding individual arbitration, rather than in court, including, without limitation, such claims, controversies, or disputes arising out of or relating to any aspect of the relationship between you and BSwish Custom, your access or Use of our Site or any products or services offered by or purchased from BSwish Custom through our Site or stores, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory (“Dispute”). Dispute will be given the broadest possible meaning permitted by law. It includes claims that arose before this or any prior agreement or that arise after the termination of this agreement.  

17. Applicable Law & Venue
    The law applicable to the interpretation and construction of these Terms and any transaction (including purchases made on this Site) using or related to the Site, shall be the Federal Arbitration Act, applicable federal laws, and the laws of the BSWISH CUSTOM PRODUCTS, USA, without regard to principles of conflict of laws, but subject to the Federal Arbitration Act and other federal law relating to the arbitrability of claims.  You agree that all matters relating to your access to or Use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the BSWISH CUSTOM PRODUCTS.
    
    Any action relating to the Use of the Site or any transaction with BSwish Custom must be brought in the state or federal courts located in BSWISH CUSTOM PRODUCTS, for any lawsuit or court proceeding permitted under these Terms. You consent and submit to the personal jurisdiction of such courts for the purposes of any such action.

18. Links to Other Websites & Services
    This Site may include links to other websites maintained by third parties ("Linked Sites").  BSwish Custom provides Linked Sites to you solely as a convenience, and the inclusion of Linked Sites does not imply endorsement by BSwish Custom of the Linked Sites. You access Linked Sites at your own risk and by accessing them you leave the BSwish Custom Site. Linked Sites are not under the control of BSwish Custom and BSwish Custom is not responsible for the contents of any Linked Site.
19. Google Maps Privacy & Terms of Service
    Your use of mapping available on this Site is governed by the Google Maps Terms of Service and Google Privacy Policy. Google reserves the right to change the Google Terms of Service and Privacy Policy at any time, at their sole discretion. For additional information, please see Google Maps Terms of Service and Google Privacy Policy.
20. Termination
    These Terms constitute an agreement that is effective unless and until terminated by BSwish Custom. BSwish Custom may, at its sole discretion, terminate these Terms or your Account on the Site, or suspend or terminate your access to the Site, at any time for any reason or no reason, with or without notice. You may terminate your Account at any time by contacting BSwish Custom customer service. If in BSwish Custom's sole discretion, you fail to comply with any term or provision of these Terms, BSwish Custom may terminate your Account and deny you access to the Site. In the event of denial of access by BSwish Custom, you are no longer authorized to access the Site. Upon termination of these Terms: (a) you must immediately cease Use of the Site; (b) you will no longer be authorized to access your Account or the Site; and (c) the following Sections will survive termination: Sections 8, 10, 11, 15, 16, 17, 21, and all other provisions of these Terms which are by their nature intended to survive termination.
21. Additional Terms, Modification & Severability, Miscellaneous
    Please review our other terms and policies posted on the Site, including the Privacy Policy ("Additional Terms"). The Additional Terms also govern your Use of the Site are incorporated by reference into, and made a part of, these Terms. These Terms constitute the entire agreement between you and BSwish Custom relating to the subject matter addressed herein.
    
    

    We reserve the right to modify, suspend, or discontinue the Site and any service, content, features, or products offered through Site at any time, without notice to you. We will have no liability to you or any third party for modification, suspension, or discontinuance of the Site, or any service, content, feature, or product offered through the Site.

    We reserve the right to make changes to these Terms at any time, and such changes will be effective immediately upon being posted on the Site. Each time you Use the Site, you should review the current Terms. Your continued Use of the Site will constitute your acceptance of the current Terms.

    If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.

    Under no circumstances will we be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond our reasonable control. The failure by us to enforce any right or provision of these Terms will not prevent us from enforcing such right or provision in the future.

    You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign the Terms and our rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law. You agree that communications and transactions between us may be conducted electronically.
    
    

    For more information, you can contact us at:

    Address: Shedrick Warren III
    Phone: 501-904-6978
    Email: bswishcustom@gmail.com