1. Acceptance of Terms

By accessing or using SWAU.com, placing an order, or participating in any autograph signing (including send-in services), you unconditionally accept and agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree, you must immediately cease all use of the Services.

2. Services Overview

SWAU provides authenticated celebrity autograph opportunities, including private signings and a send-in program, as well as the sale of collectibles through an online store powered by Shopify. All transactions are exclusively between you and SWAU.

3. Eligibility and Account Responsibilities

• You represent that you are at least 18 years of age or the age of majority in your jurisdiction.
• You are solely responsible for providing and maintaining accurate account, contact, and payment information.
• You must safeguard your login credentials and are liable for all activity under your account.
• SWAU reserves the right to suspend or terminate any account at its sole discretion, without prior notice.

4. Send-In Autograph Program – Complete Risk Assumption

You assume 100 % of all risk associated with items submitted for signing.

SWAU, its owners, officers, employees, agents, affiliates, and any participating celebrity talent (including their respective entities) shall not be liable for:

• Loss, theft, or disappearance of any item;
• Damage occurring during inbound or outbound shipping, handling, signing, repackaging, or storage;
• Deterioration of fragile, vintage, or previously damaged items;
• Any indirect, incidental, consequential, special, or punitive damages.

Submission of an item constitutes a full and irrevocable release of all claims against the foregoing parties.

5. Orders, Pricing, and Payment

• All fees (signature, shipping, handling) are due in full at checkout and are non-refundable except as expressly stated herein.
• SWAU may accept or reject any order in its sole discretion prior to confirmation.
• You are responsible for all applicable taxes, duties, customs fees, and import charges imposed by any jurisdiction.

6. Shipping and Transfer of Risk

• Title and risk of loss pass to you upon delivery of the package to the designated carrier.
• Estimated delivery times are approximate and not guaranteed.
• SWAU is not responsible for delays caused by carriers, customs authorities, or events beyond its reasonable control.

7. Item Labeling, Signature Requests, and Add-Ons

• Every submitted item must be clearly identified with your full name and order number (e.g., via a removable label on the reverse).
• Unmarked items may be labeled by SWAU in any manner it deems appropriate.
• Requests for pen color or signature placement will be honored when feasible; however, fulfillment is not guaranteed.
• Attempting to obtain unauthorized add-ons (inscriptions, quotes, etc.) constitutes fraud. SWAU may cancel the order, retain all payments as liquidated damages, and prohibit future participation.

8. Signature Imperfections

Minor imperfections—including, but not limited to, smudges, spelling variations, placement deviations, or color discrepancies—may occur. SWAU will make reasonable efforts to remedy such issues but assumes no liability for any resulting dissatisfaction or loss in value.

9. Cancellations and Refunds

Canceled send-in items will be returned after the scheduled signing event at your sole expense.

10. Prohibited Devices and Items

GPS trackers, firearms, controlled substances, hazardous materials, or any tracking/listening devices are strictly prohibited. All packages are scanned upon receipt. Violations will result in immediate order cancellation, device disablement/removal, return shipment at your expense, and potential permanent account suspension.

11. Unclaimed Property

• You must maintain current contact information in your account.
• Items unclaimed ninety (90) days after SWAU’s final delivery attempt become the sole property of SWAU. SWAU may sell, donate, or dispose of such items without compensation or further notice.

12. Intellectual Property Rights

All content, trademarks, service marks, and celebrity likenesses (where licensed) on the Services are owned by SWAU or its licensors and protected under U.S. and international law. Use is permitted for personal, non-commercial purposes only.

13. Privacy

Your personal information is governed by our Privacy Policy and, where applicable, Shopify’s Privacy Policy.

13b. SMS/Text Message Notifications

SWAU may send you text message (SMS) notifications related to your account, such as auction alerts, bid updates, new drops, ending items, order status, and other transactional or non-promotional messages (the “SMS Program”). These messages are optional and sent only if you explicitly opt in via your account settings.

Message Frequency: Message frequency varies depending on your activity and account events (e.g., 1-10 messages per month on average, but could be more or less).

Opt-Out: To stop receiving SMS notifications, reply “STOP” to any message from SWAU. You will receive a confirmation message and will no longer receive texts (except for a final opt-out confirmation if required). Opting out does not affect email or other notifications unless you adjust those separately in your account settings.

Help: For help or questions about SMS notifications, reply “HELP” to any message or contact us at support@swau.com or via our website at swau.com/contact.

Important Notices:

• Message and data rates may apply for any messages sent or received.
• Carriers are not liable for delayed or undelivered messages.
• Participation in the SMS Program is not required to use our Services, create an account, or make purchases.
• For full details on how we handle your phone number and SMS opt-in consent, see our Privacy Policy.

You agree that by opting in to SMS notifications, you consent to receive autodialed or prerecorded messages at the phone number you provide. Consent is not a condition of any purchase.

14. Prohibited Conduct

You may not use the Services to: engage in fraud, infringe intellectual property, transmit malicious code, impersonate others, or interfere with platform operations. Violations may result in immediate termination and legal action.

15. Termination

SWAU may terminate or suspend your access at any time, without notice or liability. Sections 4, 8–12, 15–21 survive termination.

16. Disclaimer of Warranties

THE SERVICES AND ALL AUTOGRAPHED ITEMS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

17. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SWAU’S AGGREGATE LIABILITY ARISING FROM ANY ORDER SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THAT ORDER. IN NO EVENT SHALL SWAU BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES.

18. Indemnification

You agree to defend, indemnify, and hold harmless SWAU, Shopify, participating talent, and their respective affiliates, officers, and agents from any claim, loss, or expense (including reasonable attorneys’ fees) arising from your breach of these Terms, submission of items, or violation of law.

19. Dispute Resolution and Arbitration

Any dispute arising out of or relating to these Terms or the Services shall be resolved exclusively through binding arbitration in Houston, Texas, administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. There shall be one arbitrator, no class actions, and no jury trial. The arbitrator’s award is final and enforceable in any court of competent jurisdiction. Small claims court remains available as an alternative for qualifying claims.

20. Governing Law and Venue

These Terms shall be governed by the laws of the State of Texas, without regard to conflict-of-law principles. For any claims not subject to arbitration, exclusive jurisdiction and venue shall lie in the state or federal courts located in Harris County, Houston, Texas.

21. Miscellaneous Provisions

• Severability – If any provision is held invalid, the remainder remains in full force.
• No Waiver – Failure to enforce a right does not constitute waiver.
• Entire Agreement – These Terms, together with order confirmations, constitute the complete agreement between the parties.
• Amendments – SWAU may modify these Terms at any time. Material changes will be communicated via email at least thirty (30) days in advance. Continued use after such notice constitutes acceptance.