PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMERS CAREFULLY BEFORE USING THIS
WEB SITE (this “Site”). By accessing or using this Site, you agree to these terms of use, conditions, and all applicable laws.
If you do not agree to these terms you may not use this Site.

MODIFICATION OF THESE TERMS OF USE
Swabplus Incorporated reserves the right to change the terms, conditions, and notices under which the Swabplus Incorporated Web Sites are offered. You are responsible for reviewing these terms and conditions regularly.

PERSONAL AND NON-COMMERCIAL USE ONLY
The Swabplus Incorporated Web Sites are for your personal and noncommercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, products, or services obtained from the Swabplus Incorporated Web Sites.

You may display and, subject to any expressly stated restrictions or limitations relating to specific material, electronically copy, download and print hard copy portions of the material from the different areas of this Site only for your own noncommercial use, or to place an order with Swabplus Incorporated or to purchase Swabplus Incorporated products. Any other use of materials on this Site, including but not limited to the modification, reproduction, distribution, republication, display, or transmission of the content of this Site, without prior written permission of Swabplus Incorporated is strictly prohibited.

Harassment in any manner or form on this Site or any of the Swabplus Incorporated Websites, including via e-mail or by obscene or abusive language is strictly forbidden. Impersonation of others, including a Swabplus Incorporated employee, host, or representative or other visitors on this Site is prohibited. You may not upload to, distribute, or otherwise publish through this Site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law. You may not upload commercial content on this Site or use this Site to solicit others to join or become members of any other commercial online service or other organization.

COPYRIGHTS AND TRADEMARKS
The entire content included in this Site, including but not limited to text, design, graphics, interfaces, or code and the selection and arrangements thereof is copyrighted under the United States and other copyright laws, and is the property of Swabplus Incorporated. This Site includes works that are licensed to Swabplus Incorporated. Copyright 2004. ALL RIGHTS RESERVED. All trademarks, service marks, and trade names (collectively the “Marks”) are trademarks or registered trademarks of and are proprietary to Swabplus Incorporated, or other respective owners that have granted Swabplus Incorporated the right and license to use such Marks.

NOTICES AND PROCEDURES FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the website's designated agent. ALL INQUIRIES NOT RELEVANT TO OR NOT COMPLYING WITH THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.

Swabplus Incorporated respects the intellectual property of others, and we request our users and visitors to do the same. Swabplus Incorporated will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, Swabplus Incorporated will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing.

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Swabplus Incorporated the following information. Please be advised that to be effective, the Notification must include ALL of the following:
‧a description of where the material that you claim is infringing is located on this Site;
‧a description of the copyrighted work that you claim has been infringed;
‧ a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
‧ your address, telephone number, and email address and all other information reasonably sufficient to permit Swabplus Incorporated to contact you;
‧ a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
‧ a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed.

Notices of claimed copyright infringement should be directed to:
By mail:
Swabplus Incorporated
Legal Department
9669 Hermosa Avenue
Rancho Cucamonga , CA 91730
United States of America

TYPOGRAPHICAL ERRORS
In the event a Swabplus Incorporated product or service is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, Swabplus Incorporated shall have the right to refuse or cancel any orders placed for product or service listed at the incorrect price. Swabplus Incorporated shall have the right to refuse or cancel any such orders whether or not the order has been confirmed.

TERM; TERMINATION
These terms and conditions are applicable to you upon your accessing this Site. These terms and conditions, or any of them, may be modified or terminated by Swabplus Incorporated without notice at any time for any reason. The provisions relating to Copyrights and Trademarks, Disclaimer, Claims, Limitation of Liability, Indemnification, Applicable Laws, Arbitration, and Miscellaneous shall survive any termination.

USER SUBMISSIONS
Except for any personally identifiable information we may collect from you under the guidelines established in our Privacy Statement, any material, information, or other communication you transmit, upload, or post to this Site (“Communications”) will be considered non-confidential and non-proprietary. Swabplus Incorporated will have no obligations with respect to the Communications. Swabplus Incorporated will be free to copy, disclose, distribute, incorporate, and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or noncommercial purposes.

THIRD-PARTY LINKS
In an attempt to provide increased value to our visitors, this Site may contain links to other sites on the Internet that are owned and operated by third party vendors and other third parties (the “External Sites”). However, even if the third party is affiliated with Swabplus Incorporated, Swabplus Incorporated has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Swabplus Incorporated. Swabplus Incorporated is not responsible or liable for these independent policies or actions and is not responsible for the privacy practices or the content of such web sites. These linked sites are only for your convenience and therefore you access them at your own risk. Links do not imply that Swabplus Incorporated sponsors, endorses, is affiliated with or associated with, or has been legally authorized to use any trademark, trade name, service mark, design, logo, symbol, or other copyrighted materials displayed on or accessible through such External Sites. Nonetheless, Swabplus Incorporated strives to protect the integrity of its Site and the links placed upon it and therefore requests any feedback on not only its own Site, but for sites it links to as well (including if a specific link does not work). You should contact the Site administrator or Webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.

DISCLAIMER
Swabplus Incorporated makes no warranties or representations about the accuracy or completeness of this Site's content or the content of any site or External Sites. Swabplus Incorporated does not filter advertisements or other content that children may view through our sites or “hot-linked” sites, and they could receive content and materials from the Internet and/or advertising that are inappropriate for children.

THIS SITE AND THE MATERIALS, INFORMATION, SERVICES, AND PRODUCTS IN THIS SITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SWABPLUS INCORPORATED DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. SWABPLUS INCORPORATED DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THIS SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SWABPLUS INCORPORATED DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE WITH REGARDS TO THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY, OR OTHERWISE.

LIMITATION OF LIABILITY
IN NO EVENT SHALL SWABPLUS INCORPORATED BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF SWABPLUS INCORPORATED HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Swabplus Incorporated, its officers, directors, employees, agents, licensors, and suppliers (collectively the “Provider”) from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your Internet account (including negligent or wrongful conduct), by you or any other person accessing this Site using your Internet account.

APPLICABLE LAWS
Your use of this Site shall be governed in all respects by the laws of the state of California , United States of America , without regard to choice of law provisions. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Site (including but not limited to the purchase of Swabplus Incorporated products) shall be in the state or federal courts located in San Bernardino County, California, United States of America. Any cause of action or claim you may have with respect to this Site (including but not limited to the purchase of Swabplus Incorporated products) must be commenced within one (1) year after the claim or cause of action arises. Swabplus Incorporated's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Swabplus Incorporated may assign its rights and duties under this Agreement to any party at any time without notice to you.

Swabplus Incorporated makes no representation that materials in this Site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is strictly prohibited. Those who choose to access this Site from locations outside of the state of California , United States of America , do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the materials in violation of United States of America export laws and regulations. Any claim relating to the materials shall be governed by the substantive laws of the state of California , United States of America .

ARBITRATION
By using this Site, you agree that Swabplus Incorporated, at its sole discretion, may require you to submit any disputes arising from the use of this Site, or these Terms and Conditions concerning or, including disputes arising from or concerning their interpretation, violation, nullity, invalidity, non-performance, or termination, as well as disputes about filling gaps in this contract or its adaptation to newly arisen circumstances, to final and binding arbitration under the International Rules of Arbitration of the American Arbitration Association, by one or more arbitrators appointed in accordance with said Rules. Notwithstanding these rules, however, such proceeding shall be governed by the laws of the state of California , United States of America .

Any award in an arbitration initiated under this clause shall be limited to monetary damages only and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential, or other damages not measured by the prevailing party's actual damages in any arbitration initiated under this section, except as may be required by statute.

MISCELLANEOUS
Swabplus Incorporated may revise these Terms at any time for any reason by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site.

OUR ADDRESS
Swabplus Incorporated
9669 Hermosa Avenue
Rancho Cucamonga, CA 91730
United States of America