Terms of Use

LAST UPDATE: March 8, 2024

This website is owned and operated by Sway Dispensary 3340 LLC, KAP-JG LLC, Sway Shop LLC, Sway IP LLC, and Hauswirth Inc. and their affiliates and related entities (collectively, “Sway”, “we”, “our”, and “us”).  Access and use of this website and its related services and web pages (collectively, the “Website”) are provided by Sway to you on the condition that you accept these Terms of Use, and by accessing, browsing, or otherwise using the Website, you agree to these Terms of Use.  If you do not agree to accept and abide by these Terms of Use, then you shall not access or use this website.

Depending on your relationship with Sway, other terms and conditions may apply to you in addition to these Terms of Use.

THESE TERMS OF USE, THE PRIVACY POLICY,  AND ALL OTHER DOCUMENTS REFERENCED HEREIN GOVERN THE RELATIONSHIP BETWEEN YOU, THE USER OF THE WEBSITE (“YOU” OR “YOUR”), AND SWAY WITH RESPECT TO YOUR USE OF THE WEBSITE.  YOU AGREE THAT THE AGREEMENT FORMED BY THESE TERMS OF USE IS LIKE ANY WRITTEN, NEGOTIATED AGREEMENT SIGNED BY YOU, AND YOU AGREE TO BE BOUND BY, AND FULLY COMPLY WITH, ITS TERMS.  YOU REPRESENT AND WARRANT THAT YOU HAVE ALL NECESSARY RIGHTS, POWER, AND AUTHORITY TO ENTER INTO THIS AGREEMENT AND TO PERFORM AND OTHERWISE DISCHARGE ALL OF YOUR OBLIGATIONS HEREUNDER, WHETHER ON BEHALF OF YOURSELF OR ANY ENTITY THAT YOU REPRESENT. 

 

1. CHANGES TO WEBSITE AND THESE TERMS OF USE

We reserve the right at any time to change: (i) these Terms of Use; (ii) the Website, including terminating, eliminating, supplementing, modifying, adding, or discontinuing any content or feature or data or service on or available through the Website or the hours during which they are available; (iii) the equipment, hardware, or software required to use and access the Website; and (iv) prices for the Website or products made available therein.  We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Website, or any items available on the Website.

Any changes we make to these Terms of Use will be effective immediately upon notice, which we may provide by any means, including, without limitation, posting on the Website.  Your continued use of the Website after such notice will be deemed acceptance of such changes.  Be sure to return to the Website periodically to ensure you are familiar with the most current version of these Terms of Use.

You may not interfere with the security of, or otherwise abuse the Website or any system resources, services, or networks connected to or accessible through the Website.  You may only use the Website for lawful purposes and are prohibited from using the Website in a manner that is contrary to or in violation of these Terms of Use.

 

2. JURISDICTION 

If you are residing in a jurisdiction that restricts the ability to enter into agreements such as those set out in these Terms of Use, then you may not enter into this agreement, and shall not access or use the Website.

Furthermore, if you are residing in a jurisdiction where it is forbidden by law to participate in the activities or services offered by the Website, you may not enter into this agreement, and shall not access or use the Website.  By using the Website, you represent and warrant that you have verified in your own jurisdiction if your use of the Website is allowed. 

We make no—and you acknowledge that we make no—representation that the Website or the materials on the Website are appropriate or available for use in all locations.  Those who choose to access the Website do so on their own initiative and at their own risk, and are responsible for compliance with state and local laws, if and to the extent state and local laws are applicable. 

We reserve the right to limit the availability of the Website, materials, or other items described or offered thereon to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion, and to limit the quantities of any such services, materials, or other items provided.

 

3. GENERAL CONDITIONS AND DISCLAIMERS

We reserve the right to refuse service, and/or use of or access to the Website to anyone at any time.   

Sway shall have no liability for interruptions or omissions in Internet, network, or hosting services, and does not warrant that the Website or the services which make the Website available or electronic communications sent by Sway will be available and free from viruses or any other harmful elements. 

Any material downloaded or otherwise obtained through the use of the Website is done at your own discretion and risk.  You are and will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

Occasionally there may be information on our Website that contains typographical errors, inaccuracies, or omissions that may relate to item descriptions, pricing, promotions, offers, shipping charges, transit times, and availability.  We reserve the right, but are not obligated, to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information on the Website or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

Notwithstanding the above, we undertake no obligation to update, amend or clarify information on the Website or on any related website, including, without limitation, pricing information, except as required by law.  No specified update or refresh date applied on the Website or on any related website should be taken to indicate that all information on the Website or on any related website has been modified or updated.

 

4. PRICING; ESTIMATES; PAYMENT TERMS 

All prices and estimates are quoted and shall be processed in the currency specified in the applicable document.  Although we strive to provide accurate pricing information, errors may occur.  We reserve the right, but are not obligated, to correct any errors in pricing, promotions, offers, shipping charges, availability, or other information and to modify the prices and/or the rentals, at any time, without prior notice.  In the event that the price or related information for the Website (whether in an estimate or otherwise) is incorrect due to an error in pricing or other information, we may, at our sole discretion, refuse or cancel the Service provided to you, whether before or after the acceptance thereof.  If there is such an error in pricing or other information, we will cancel the Website and reverse any charges that have been applied, then contact you to ask you to place a new order for Website at the correct price.

Notwithstanding the above, we undertake no obligation to update, amend, or clarify information in the Website or on any related website, including, without limitation, pricing information, except as required by law.  No specified update or refresh date applied in the Website or on any related website should be taken to indicate that all information in the Website or on any related website has been modified or updated.

 

5. PRIVACY 

Sway is committed to respecting the privacy of the personal information of the individuals with whom we interact.  We have developed a Privacy Policy to describe our privacy practices and how we collect, use, and disclose the personal information of those individuals who visit, access, or use the Website.  Please see our Privacy Policy for further information.

 

6. PERSONAL USE ONLY

The Website is only for personal use.  You may not use the Website in any way that is unlawful, that violates these Terms of Use, or that harms us or any other person or entity, as determined in our sole discretion.

 

7. USER RESPONSIBILITIES

The Website’s content is prohibited from being copied, reproduced, scraped, downloaded, distributed, modified, republished, uploaded, licensed, adopted, adapted, edited, posted, or transmitted in any way, except as may be otherwise explicitly permitted by us in writing.  You agree not to engage in such activities, nor to create any kind of derivative works from or exploit the content of the Website in any way.

You represent and warrant that: you will perform under these Terms of Use in compliance with all applicable laws and regulations; you are not (i) located in a country subject to a U.S. Government embargo, or designated by the U.S. Government as a “terrorist supporting” country, or (ii) listed on any U.S. Government list of prohibited or restricted parties; and all information you provide in connection with your access to or use of the Website is true, accurate, and complete to the best of your knowledge and belief.

You will NOT, and you will NOT allow any third party to:

  1. Use the Website in a manner other than as expressly permitted by these Terms of Use;

  2. Use the Website for any purpose or in any manner that is unlawful or prohibited by these Terms of Use, including, without limitation, for any commercial purpose;

  3. Delete, obscure, or change any copyright, trademark, or other proprietary designations, notices, or markings in or on the Website;

  4. Translate, merge, adapt, update, modify, reconfigure, reverse-engineer, disassemble, decompile, prepare any derivative works of, discover the underlying ideas behind, or discover the source code of the Website, or combine the Website or any part thereof with any other computer code, programs, materials, or services;

  5. Copy, reproduce, display, duplicate, sell, publish, disclose, post, license, rent, scrape, or distribute the Website or any part thereof;

  6. Use the Website, including, without limitation, any Website’ content, in any way that infringes on or violates the rights of any other person or entity, including, without limitation, any patent, trademark, trade secret, copyright, other intellectual property rights, privacy rights, and publicity rights;

  7. Commit fraud or falsify information in connection with your access or use of the Website;

  8. Work around any of the technical limitations of the Website or use any tool to enable features or functionalities that are otherwise disabled on the Website;

  9. Perform or attempt to perform any actions that would interfere with the proper working of the Website, prevent access to or use of the Website by other users, or impose an unreasonable or disproportionately large load on our infrastructure;

  10. Engage in activities that aim to render the Website or associated services inoperable or make their use more difficult;

  11. Attempt to disable, damage, overburden, impair, or gain unauthorized access to the Website or our servers;

  12. Engage in data mining or similar data gathering or extraction activities or retrieve data or other content from the Website (including, without limitation, using spiders, crawlers, robots, indexing agents, and screen scrapers) for purposes of creating or compiling that content for any purpose;

  13. Harvest or otherwise collect or store personal information about other users of the Website, including, for example only, email addresses, without the express consent of such users;

  14. Post, transmit, input, upload, or otherwise provide any information or materials that contain any viruses, worms, Trojan horses, logic bombs, time bombs, cancelbots, malware, ransomware, adware, or other harmful computer code or programming routines;

  15. Impersonate or attempt to impersonate any person or entity other than yourself, falsely state or otherwise misrepresent your identity or status, misrepresent your affiliation with a person or entity, create a false identify, or hide your true identity; nor

  16. Send, post, or transmit any unsolicited messages, chain letters, spam, or junk mail using the Website, or attempt to collect personal information about third parties without their knowledge or consent.

Sway may, at any time and for any reason, in its sole discretion, and without notice or liability, suspend, deactivate, or terminate your access to or use of the Website, and may terminate these Terms of Use, including, without limitation, if you breach these Terms of Use or any other applicable agreement or if you act in a manner inconsistent with applicable laws or regulations.

8. JOB APPLICANTS  

If you submit a resume, job application, or related materials or other information to us, we may use that information to evaluate your qualifications and consider or respond to your inquiry or application.  Your submission of a resume, job application, or related information does not in any way require Sway to review that information or consider you for employment.  To view career opportunities at Sway or to submit a job application, you may be redirected to an online career portal operated by a third party.  We encourage you to review any terms and privacy policies posted on that portal (if applicable).

 

9. CODE OF CONDUCT

You agree that you will not attempt to, nor permit any third party to, enter restricted areas of Sway’s computer systems, or perform functions that you are not authorized to perform pursuant to these Terms of Use.  While using the Website you agree to comply with all applicable laws, rules, and regulations (including, but not limited to, export/import laws and laws relating to privacy, obscenity, copyright, trademark, confidential information, trade secret, libel, slander, or defamation).  You shall not interfere with or disrupt the Website, our servers, or our networks, or take any action that imposes an unreasonably or disproportionately large load on our infrastructure.

 

10. COPYRIGHT INFRINGEMENT

If you know or suspect that any of the materials on the Website have been used or copied in a way that constitutes copyright infringement, please send notice to our designated agent identified below.  According to the U.S. Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(3), your notice must comply with the following requirements:

 

  • A physical or electronic signature of the copyright owner or person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a notification, a representative list of such works at that site;

  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

  • Information reasonably sufficient to permit us to contact you, such as address, telephone number, and, if available, an electronic mail address at which you may be contacted;

  • A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owners, its agent, or the law; and

  • A statement that the information in the notification is accurate and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

  • The designated agent for notice of copyright infringement claims may be reached as follows: [                         ].

The preceding information is provided exclusively for notifying us that your copyrighted material may have been infringed.  All other inquiries, such as questions related to items available for purchase on the Website and requests or concerns regarding improper content, will not receive a response through this process.

 

11. MARKETING COMMUNICATIONS

If you sign up or otherwise opt in to receive updates, promotional communications, or related materials from us, we will use your contact information to provide you with promotional and other communications pertaining to our and our affiliates’ products and services via email, physical mail, or telephone, as applicable.  You may opt out of receiving promotional or marketing communications from us at any time by following the unsubscribe instructions in the applicable email or by contacting us as set forth herein.  We may use third-party providers to deliver these communications to you.

If you opt in to receiving text messages and/or telephone calls when prompted, we may send you autodialed and other text messages at the telephone number you provide.  Consenting to receiving text messages is not required to buy goods or services or to otherwise do business with us.  Message and data rates may apply.

Please note that if you opt out of such marketing or promotional communications, you may still receive communications with us as necessary for administrative purposes such as at your request or pursuant to providing the Website to you.

 

12. AVAILABILITY

While we endeavor to keep downtime to a minimum, we cannot promise that the Website will be uninterrupted, secure, or error-free.  We reserve the right to interrupt or suspend the Website, or any part thereof, with or without prior notice for any reason.

 

13. CURRENCY OF WEBSITE 

Sway updates the information on the Website periodically.  However, Sway cannot guarantee or accept any responsibility or liability for the accuracy, currency, or completeness of the information on the Website.  Sway may revise, supplement, or delete information, services and/or the resources contained in the Website and reserves the right to make such changes without prior notification to past, current, or prospective visitors.

 

14. LINKED WEBSITES AND LINKING TO THE WEBSITE

The Website may provide links to third party websites for your convenience only.  The inclusion of these links does not imply that Sway monitors or endorses these websites or their respective practices.  Sway does not accept any responsibility for such websites.  Sway shall not be responsible or liable, directly or indirectly, for any damage or loss, caused or alleged to be caused by or in connection with the use of or the reliance upon any information, content, goods or services available on or through any third-party websites or linked resources.  These Terms of Use and our Privacy Policy do not apply to your use of any third-party websites, so be sure to review any applicable terms and policies of third-party sites.

If you operate a website and wish to include a link to the Website: the link must be clearly marked; the link and its use must be in connection with a website of appropriate subject matter; the link and its use must not, nor have the potential to, damage or dilute the goodwill associated with Sway’s names or trademarks; and the link and its use must not create the false appearance that any content, program, person, or entity is associated with, affiliated with, sponsored by, or endorsed by Sway. We reserve the right to revoke consent to link to the Website at any time in our sole discretion, whether by amending these Terms of Use or through other notice.

 

15. INTERNET SOFTWARE OR COMPUTER VIRUSES 

Due to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained on the Website.  Due to the ability to share certain content and materials, computer viruses or other destructive programs may also be inadvertently downloaded from the Website. 

Sway shall not be responsible or liable for any software, computer viruses or other destructive, harmful, or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on the Website, or your downloading of any user materials or other content from the Website.  Sway recommends that you install appropriate anti-virus or other protective software.

 

16. OWNERSHIP AND OUR MATERIALS

The Website is owned and operated by Sway in conjunction with others pursuant to contractual arrangements. 

Unless otherwise specified, all materials appearing on the Website, including the text, site design, logos, graphics, icons, and images, as well as the selection, assembly, and arrangement thereof, are the sole property of Sway and its licensors and/or its suppliers.  Any unauthorized use of any trademarks, trade dress, copyrighted materials, or any other intellectual property rights or goodwill belonging to or of Sway or any third party is prohibited and may be prosecuted to the fullest extent of the law.  No licenses, express or implied, are granted by Sway to you under any patent, copyright, trademark, trade secret, or other intellectual property right of Sway and all such rights are reserved and retained by Sway.  ALL RIGHTS RESERVED.

Sway may make certain content, videos, opinions, data, or other electronic materials (including all files, text, URLs, video, audio, and images contained in or generated by such materials and accompanying data) (collectively “Sway Materials”) available to you from the Website, from time to time.  If you download or use Sway Materials, you agree that such materials are licensed for your limited personal use only and not sold or assigned and: (i) may only be used for your personal and non-commercial use; (ii) may not be modified, used to create a derivative work, incorporated into any other work or otherwise exploited without Sway’s prior written permission; and (iii) shall only be used in compliance these Terms of Use and with any additional license terms accompanying such materials.  Sway does not transfer either the title or the intellectual property rights to the Sway Materials and retains full and complete title to the Sway Materials as well as all intellectual property rights therein.  You agree not to sell, share, redistribute, or reproduce the Sway Materials.  You further agree not to decompile, reverse-engineer, disassemble, or otherwise convert any compiled Sway Materials into a human-perceivable form.  Sway or its licensors own all related trademarks and logos, and you agree not to copy or use them in any manner. 

Display, performance, reproduction, distribution of, or creation of derivative works or improvements of Sway Materials is expressly prohibited. You may only use Sway Materials, at all times in accordance with these Terms of Use, for your personal use.

All rights not expressly granted herein are reserved by Sway.  Any unauthorized use of the materials appearing on the Website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

The Website, (including its organization and presentation and Sway Materials) are the property of Sway and its licensors and may be protected by intellectual property laws including laws relating to copyrights, trademarks, tradenames, internet domain names and other similar rights.

 

17. FEEDBACK

We appreciate feedback, comments, ideas, proposals, and suggestions for improvements to the Website (“Feedback”).  If you choose to submit Feedback, you agree that we are free to use it without any restriction or compensation to you.

Furthermore, you acknowledge that unprotected e-mail communications and other transmissions over the Internet are not confidential and may be subject to possible interception, alteration, or loss.  You acknowledge and agree that by submitting any such communications to Sway, no confidential, fiduciary, contractually implied or other relationship is created between you and Sway other than pursuant to these Terms of Use. Sway shall not be responsible for the payment of any monies to any other party in connection with Sway’s use of any information or material provided by you to Sway.  You also represent and warrant that any and all such information or material which you provide to Sway, whether provided by you electronically by accessing or using the Website or otherwise, and Sway’s use of this information and material so provided does not infringe the rights of any other person or entity.

 

18.  WARRANTY; DISCLAIMERS

THE WEBSITE, INCLUDING, WITHOUT LIMITATION, THE VIDEOS AND CONTENT, THAT SWAY PROVIDES, AND THE SWAY MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT REPRESENTATION, WARRANTY, OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF MERCHANTABILITY, ACCURACY, QUALITY, TITLE, VALIDITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.  SWAY DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, THE VIDEOS OR CONTENT, OR THE SWAY MATERIALS WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE SECURE, UNINTERRUPTED, OR ERROR-FREE.  SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.  WHEN THE IMPLIED WARRANTIES ARE NOT ALLOWED TO BE EXCLUDED IN THEIR ENTIRETY, THEY WILL BE LIMITED TO ONLY THOSE REQUIRED BY LAW, FOR THE SHORTEST DURATION PERMITTED BY LAW, AND WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

 

19. LIMITATION OF LIABILITY

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND THE SWAY MATERIALS, INCLUDING, WITHOUT LIMITATION, ANY OF THE INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SWAY OR ANY OF ITS SUPPLIERS, LICENSORS, DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, OR AGENTS BE LIABLE FOR ANY DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR OTHER DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, UNAVAILABILITY, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT, OR OTHER PROCEEDING ARISING UNDER OR OUT OF, OR IN CONNECTION WITH THESE TERMS OF USE, INCLUDING, WITHOUT LIMITATION, YOUR USE OF, RELIANCE UPON, ACCESS TO, USE OF, OR EXPLOITATION OF THE WEBSITE (INCLUDING, WITHOUT LIMITATION, THE VIDEOS OR CONTENT CONTAINED THEREIN), THE SWAY MATERIALS, OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR OTHERWISE.  SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.  IN SUCH JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

 

20. INDEMNIFICATION

You agree to, upon request, defend, indemnify, and hold us harmless from any and all liabilities, claims, losses, costs, and expenses, including attorneys’ fees, which arise directly or indirectly from, or relate to: (1) any breach of these Terms of Use for which you are directly or indirectly responsible; (2) your use of the Website or any Sway Materials; or (3) your violation, infringement, or misappropriation of the rights of any party, including, without limitation, any intellectual property, proprietary, privacy, or other rights of any party.  Sway reserves, and you grant to us, the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such matter without the prior written consent of Sway.  This indemnification section will survive any termination or expiration of these Terms of Use.

 

21. CONTACTING SWAY

If you need to contact us regarding the Website or these Terms of Use, please e-mail us at hey@everybodysway.com.

 

22. MISCELLANEOUS

These Terms of Use are governed by and construed in accordance with the laws of the State of Illinois, without regards to their respective principles of conflicts of law.  You agree to the exclusive personal jurisdiction by the federal and state courts located in the Cook County, Illinois, in any matter arising from or related to these Terms of Use and your use of the Website and you waive any jurisdictional, venue, or inconvenient forum objections to such courts. 

If any provision of these Terms of Use is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

Any provisions of these Terms of Use that are intended to survive termination (including, for example, any provisions regarding indemnification and limitation of our liability) will continue in effect beyond any termination of these Terms of Use or of your access to or use of the Website.

These Terms of Use set out the entire agreement between us relating to the subject matter herein and supersede any and all prior or contemporaneous written or oral agreements between us.  These Terms of Use are not assignable, transferable, or sub-licensable by you except with Sway’s prior written consent.  These Terms of Use provide only for the use of the Website.  These Terms of Use shall not be construed as a teaming, joint venture, or other such arrangement, unless the parties expressly and explicitly execute an agreement to that effect. 

No waiver by either party of any right, obligation, breach, or default hereunder shall be deemed to be a waiver unless set forth in writing by such waiving party.  No waiver of any right, obligation, breach, or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. 

Any heading, caption or section title contained in these Terms of Use is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.