Terms and Conditions for Use of this Site (SwingFestevents.com)
This web site and the related web sites contained herein (collectively, the "Site") make available information owned, managed or franchised by Swingfest Events, Inc.. And/or its subsidiaries and affiliates (collectively, "SwingFest"), and other related goods and services. This Site, and the services of each of its modules, is offered exclusively by SwingFest and/or its various third party providers and distributors. The offer of such goods and/or services is conditioned on the user's ("User('s)" or "You(r)") acceptance of the terms and conditions and notices set forth herein and on other pages of the Site (collectively the "Terms").

BY ACCESSING USING, VIEWING, TRANSMITTING, CACHING OR STORING THIS SITE OR ANY OF ITS SERVICES, FUNCTIONS OR CONTENTS, YOU SHALL BE DEEMED TO HAVE AGREED TO EACH AND ALL THE TERMS, CONDITIONS, AND NOTICES IN THIS SITE ("AGREEMENT") WITHOUT MODIFICATION. IF YOU DO NOT AGREE, PLEASE CEASE USE OF THE SITE AND LEAVE THE SITE IMMEDIATELY.

The services of this Site are available only to individuals who can form legally binding contracts under applicable law, and thus, are not available to minors. By using this Site, You represent that You are of sufficient legal age to use this Site and to create binding legal obligations for any liability You may incur as a result of the use of this Site. You also warrant that You are legally authorized to make the travel reservations and/or purchases for either Yourself or for another person for whom You are authorized to act.

You may only use this Site to make legitimate reservations or purchases and shall not use this Site for any other purposes, including without limitation, to make any speculative, false or fraudulent reservations, or any reservation in anticipation of demand.

This Site is to be used by You for Your personal use only. Commercial uses of this Site are strictly prohibited unless prior consent from SwingFest has been granted. You agree that You will not use this Site for chain letters, junk mail, "spamming", solicitations (commercial or non-commercial) or bulk communications of any kind including but not limited to distribution lists to any person who has not given specific permission to be included in such a list. In addition, You agree not to create a hypertext link from any web site controlled by You or otherwise, to this Site without the express permission of SwingFest. You agree not to pretend to be any other person or a representative of any entity, whether actual or fictitious, including an employee or agent of SwingFest or any third party that provides services related to this Site.

"Chat Area" means any chat area, forum, message board, or similar service offered in conjunction with this Site. If You participate in a Chat Area, You agree that, in addition to complying with the Terms, You will not: defame, abuse, harass, threaten, or make any discriminatory statements about others; advocate illegal activity; use indecent, obscene or discourteous language or images; or provide content that is not related to the designated topic or theme of the Chat Area. You shall remain solely responsible and liable for Your use of the Chat Area. SwingFest reserves the right to remove or edit content from any Forum at any time and for any reason, however, SwingFest has no duty to do so, and is not responsible for the content or accuracy of any information in a Chat Area.

You agree that You will not use any robot, spider, other automatic device or manual process to monitor or copy the Site or any contents or information contained therein, unless You obtain SwingFest's prior express consent. You agree that You will not through any means interfere or attempt to interfere with the proper functioning of the Site. You agree that You will not provide to SwingFest and/or to this Site: (i) any viruses, worms, time bombs, and/or other computer programming routines that are intended to damage, detrimentally interfere with, intercept or expropriate any system, data or information; and (ii) any content that may create liability for SwingFest or cause SwingFest to lose (in whole or in part) the services of our suppliers.

Submissions
Copyright on materials contributed by SwingFest, and/or members are held by the individual creators. All postings, messages, text, files, images, graphics, photos, audio clips, sounds, video or other materials (the "Content") posted on, transmitted through, or linked from the Site, are the sole responsibility of the person from whom such Content originated. You are entirely responsible for all Content that you post, email or otherwise make available through the Site. For all Content provided by you, you agree to indemnify Provider as provided below. By uploading or otherwise posting any Content on the Site, you represent and warrant: (i) you own or otherwise have all necessary rights, including but not limited to copyrights, to the content you provide and the rights to use it as provided in this Terms of Service; (ii) all information you provide is true, accurate, current and complete, and does not violate these Terms of Service; and, (iii) the content will not cause injury to any person or entity. You agree not to upload, transmit, distribute or otherwise publish in these or any other Forums connected with the Company any Materials which are: 1. libelous, defamatory, obscene, abusive, pornographic, threatening, or an invasion of privacy; 2. an infringement of the intellectual property rights, including, but not limited to, copyrights and trademarks, of any person or entity; 3. illegal in any way or which advocate illegal activity; 4. an advertisement or solicitation of funds, goods, or services.

License
For all such information and material, you grant SwingFest, its affiliates and related entities, a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, distribute, reproduce and create derivative works from such information, in any form, media, software or technology of any kind now existing or developed in the future.

Denial of Access
In its sole discretion, in addition to any other rights or remedies available to SwingFest, and without any liability whatsoever to User, SwingFest, at any time and without notice, may terminate or restrict User's access to this Site and any related services.

Event Access

YOU MUST have a valid printed event pass to enter the event you purchased online. If you do not have a valid event pass, you will be denied access to the event. No exceptions.

Guest Appearances

SwingFest Events, Inc is not responsible for any delay or NO SHOWS of celebrities that are scheduled for any or all SwingFest Events, Inc events. We do no guarantee any one on one contact or ability to speak with or take a photo with any scheduled celebrities at any SwingFest Events, Inc event.

Tour Dates and Locations Changes

Occasionally, events are cancelled or postponed by the promoter, team, or venue due to weather conditions or situations affecting the staff or audience that is beyond the control of SwingFest Events, Inc.  Should a tour date or location be changed, SwingFest Events, Inc will do everything possible to update the site so attendees will know of all changes being made. Please refer to cancellation policy below and review the refund policies.

Headings
The headings used in these Terms are included by convenience only and will not limit or otherwise effect these Terms.

Assignment
You may not assign, convey, subcontract or delegate Your rights, duties or obligations hereunder.

Additional Terms
Additional terms and conditions may apply to reservations, purchases of goods and services and other uses of portions of this Site, and You agree to abide by such other terms and conditions.

Severability
These Terms shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.

Attorney's Fees
If SwingFest takes any action to enforce this Agreement, SwingFest will be entitled to recover from You, and You agree to pay, all reasonable and necessary attorneys’ fees and any cost of litigation, in addition to any other relief, at law or in equity, to which SwingFest may be entitled.

Modification
SwingFest may at any time modify these Terms, and Your continued use of this Site will be conditioned upon the terms and conditions in force at the time of Your use. Accordingly, You agree to review these Terms periodically, and Your continued access, use and/or posting on this Site shall be deemed Your acceptance of the changed Terms.

EXCLUSION OF WARRANTY, DISCLAIMER
YOU AGREE THAT YOU USE THE SITE AT YOUR OWN RISK. THE SITE, AND ANY RELATED INFORMATION, CONTENTS AND/OR MATERIALS ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND. SWINGFEST HEREBY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY; FITNESS FOR A PARTICULAR PURPOSE; NON-INFRINGEMENT; AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE; OTHER THAN THOSE WARRANTIES WHICH ARE IMPOSED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to You. This warranty gives You specific legal rights and You may also have other legal rights that vary from state to state.

NO ORAL ADVICE OR WRITTEN CORRESPONDENCE OR INFORMATION PROVIDED BY SWINGFEST WILL CREATE A WARRANTY OF ANY KIND, AND YOU SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.

LIMITATION OF LIABILITY
IN NO EVENT SHALL SWINGFEST, ITS AGENTS, REPRESENTATIVES OR LICENSORS BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR INJURY OR ANY DAMAGES, EITHER DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS) RESULTING FROM OR IN ANY WAY CONNECTED TO:(1) YOUR USE OF THIS SITE; (B) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS SITE FOR RESERVATIONS OR TICKETING); OR (C) THE PERFORMANCE OR NON PERFORMANCE BY SWINGFEST OR ANY THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES RELATED TO THIS SITE; EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES. THIS LIMITATION OF LIABILITY SHALL APPLY REGARDLESS OF WHETHER THE CLAIM ASSERTED IS BASED ON CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY OF RECOVERY.

Some jurisdictions do not allow the exclusion of consequential or incidental damages, so some of the foregoing exclusions may not apply to You. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST SWINGFEST, ITS AGENTS, REPRESENTATIVES AND LICENSORS ARISING OUT OF, OR IN ANY WAY CONNECTED TO YOUR USE OF THE SITE AND/OR ANY RELATED PRODUCTS OR SERVICES.

IN THE EVENT SWINGFEST IS HELD LIABLE FOR ANY DAMAGES RELATED TO THIS SITE, YOUR SOLE AND EXCLUSIVE REMEDY WILL BE LIMITED TO REIMBURSEMENT OF THE CHARGES FOR SERVICES OR PRODUCTS PAID BY YOU THAT WERE NOT PROVIDED TO YOU.

YOU HEREBY WAIVE ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO THIS SITE BEYOND ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION OR OMISSION UPON WHICH SUCH CLAIM OR ACTION IS BASED.

Indemnification
You agree to indemnify and hold SwingFest and its subsidiaries, affiliates, officers, directors, agents and employees harmless from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of Your breach of this agreement or the documents it incorporates by reference, or Your violation of any law or the rights of a third party. SwingFest's failure to act with respect to a breach by You or others does not waive its right to act with respect to subsequent or similar breaches.

Governing Law
Any disputes arising out of or related to the Site shall be governed by and construed and enforced in accordance with, the laws of the State of Pennsylvania applicable to contracts entered into and to be performed entirely within the State of Pennsylvania. Use of this Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation this paragraph.

Entire Agreement
These Terms, together with those incorporated herein or referred to herein (including, without limitation, the SwingFest Online Privacy Statement) constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this Site.  

Cancellation policy
You must notify SwingFest Events, Inc directly if You need to cancel a reservation. You can contact SwingFest Events, Inc weekdays between 9:00 a.m. and 5:00 p.m., EST, at 717-612-2948. You will need to follow up with a confirmation email.

The refund amount is determined by the date that which you notify SwingFest Events, Inc of your cancellation. SwingFest Events, Inc provides multiple cancellation policies to fit your needs. See which best fits your situation below.

1. This policy is only good if you pay in full at the time of registration:
If You cancel anytime between the times of your order until 90 days of the event you will receive a 50% refund. Cancellation between 89 and 60 days prior to the event you will receive a 25% refund. Cancellation from 59 and 30 days prior to the event you will receive a 10% refund. Cancellation from 29 to 0 days prior to the event you will NOT receive any refund.

2. No refunds on event passes OR day passes.

3. You can apply your cancellation credit to the next SwingFest Event. 

4. All sponsorships and advertising purchased on or for SwingFest Events, Inc websites or any other form are final. NO refunds will be provided or any reason.

SwingFest Events, Inc regrets that it cannot make exceptions to the reservation and cancellation policy for any reason, includes personal emergencies.

Note: On rare occasions, SwingFest may need to cancel or change events. If this occurs, our responsibility is limited to a 100% refund of event passes and ticket fees only. SwingFest will allow you to use those purchased passes at another SwingFest event of equal value. SwingFest is not responsible for airline tickets, other tickets or payments, or any similar fee penalties that you may incur as a result of any event cancellations or changes.

Return Policy

You must notify SwingFest Events, Inc directly if you need to cancel a reservation. You can contact SwingFest Events, Inc weekdays between 9:00 a.m. and 5:00 p.m., EST, at 717-612-2948 to do so.

DVD’s sales are FINAL. NO return or refunds will be accepted.

BY ORDERING FROM THIS SITE YOU ARE AGREEING TO THE FOLLOWING RETURN POLICY:

You may return your purchase for any reason within 10 days after receiving your merchandise for  Full Refund Or Exchange Only. All items returned must be unworn, unused, and in their original condition with the tags still attached.  ALL SHIPPING IS NON-REFUNDABLE.

SwingFest Events, Inc. is not responsible for misuse, mishandling or any other actions or inactions attributable to the purchaser and or carrier (United States Postal Service, UPS etc).

All returns must be pre-authorized by Swingfestevents.com by e-mailing a Return Request to: general@swingfestevents.com.  All unauthorized returns shipped to SwingFest Events, Inc will incur a 10% restocking fee. NO EXCEPTIONS!

Please be advised that SwingFest Events, Inc does NOT guarantee delivery on or before any specific date and thus if you are planning to order an item for the holiday season, please e-mail our customer service center at:  E-mail: general@swingfestevents.com  and inquire as to the in stock/ back order status of a particular item.

Overnight orders of backordered items are sent overnight once the item is received by our warehouse.  

Billing Statement

Swingfest Events, Inc.
6059 Allentown Blvd.

Suite #580

Harrisburg, PA 17112

Non-Payment:
SwingFest will deem any failure by You to submit payment prior to 30 days past the agreed upon due date as a notice of cancellation by You. Please see the SwingFest Cancellation policy for further details.

Credit Card Chargeback’s:

Credit Cards that are charged back for any reason will be disputed and charged a $150 dollar chargeback fee, administrative and professional legal fees if applicable, on a case by case basis. Any and all disputes should be handled by a qualified SwingFest representative. In addition to the above charges if payment is not received, the charges will be submitted to a collection agency.

Returned Checks
Checks returned to SwingFest from the payer's bank will automatically be submitted by our bank a second time for payment. If the check is returned a second time, the amount of the returned check and a $100 returned check fee will be added back to the payer's account. A hold and a $50 late fee may also be placed on the payer's account. All returned check charges should be paid with guaranteed funds such as cashier's check, or money order. SwingFest may refuse to accept checks from individuals who have previously had returned checks.
 

We take your privacy seriously. Please read the following to learn more about our privacy policy

Information Collection and Use

General

• When you register with SwingFestevents.com, we ask for personal information such as your name, email address, birth date, gender, phone number, and address.
• When you perform a monetary transaction on Swingfestevents.com, we ask for information such as credit card number and expiration dates, and address information associated with that card.
• When browsing SwingFestevents.com, we store information from your browser, including your IP address, cookie information, and the page(s) you request.
• We use this information for the following general purposes: to customize your site experience, fulfill your requests for payments and services, improve our services, contact you, conduct research, and provide anonymous reporting for internal and external clients.

Information Sharing and Disclosure

• Swingfestevents.com does not rent, sell, or share personal information about you with other people or non-affiliated companies except to provide products or services you've requested, when we have your permission, or under the following circumstances:
  • We provide the information to trusted partners who work on behalf of or with Swingfestevents.com under confidentiality agreements. These companies may use your personal information to help us communicate with you about offers from Swingfestevents.com and our marketing partners. However, these companies do not have any independent right to share this information.
  • We respond to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims.
  • We believe it is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of Swingfestevents.com terms of use, or as otherwise required by law.
  • We transfer information about you if Swingfestevents.com is acquired by or merged with another company. In this event, Swingfestevents.com will notify you before information about you are transferred and becomes subject to a different privacy policy.

Cookies

• Swingfestevents.com may set and access Swingfestevents.com cookies on your computer.
• Swingfestevents.com allows other companies that show advertisements on some of our pages to set and access their cookies on your computer. Other companies' use of their cookies is subject to their own privacy policies, not this one. Advertisers or other companies do not have access to Swingfestevents.com cookies.

Your Ability to Edit and Delete Your Account Information and Preferences

General

• We reserve the right to send you certain communications relating to Swingfestevents.com, such as service announcements, administrative messages and the Swingfestevents.com Newsletter, that are considered part of your Swingfestevents.com membership, without offering you the opportunity to opt out of receiving them.
• You can delete your Swingfestevents.com account by contacting support and asking to have the account removed.

Confidentiality and Security

• We will never sell your private information.
• We will never distribute your private information unless it is in situations as described in the Information Sharing and Disclosure section above.
• We limit access to personal information about you to employees who we believe reasonably need to come into contact with that information to provide products or services to you or in order to do their jobs.
• At no time do we store credit card numbers on this system to protect against both Swingfestevents.com and yourself against credit card fraud.

Changes to this Privacy Policy

• Swingfestevents.com may update this policy. We will notify you about significant changes in the way we treat personal information by sending a notice to the primary email address specified in your Swingfestevents.com account or by placing a prominent notice on our site.