End User License Agreement
This copy of Website (“the Software Product”) and accompanying documentation is licensed and not sold. This Software Product is protected by copyright laws and treaties, as well as laws and treaties related to other forms of intellectual property. Forged by Design, LLC or its subsidiaries,affiliates, and suppliers (collectively “SWFTLY”) own intellectual property rights in the Software Product. The Licensee’s (“you” or “your”) license to download, use, copy, or change the Software Product is subject to these rights and to all the terms and conditions of this End User License
YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY SELECTING THE “ACCEPT” OPTION AND DOWNLOADING THE SOFTWARE PRODUCT OR BY INSTALLING, USING, OR COPYING THE SOFTWARE PRODUCT. YOU MUST AGREE TO ALL OF THE TERMS OF THIS AGREEMENT BEFORE YOU WILL BE ALLOWED TO DOWNLOAD THE SOFTWARE PRODUCT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST SELECT “DECLINE” AND YOU MUST NOT INSTALL, USE, OR COPY THE SOFTWARE PRODUCT.
This Agreement entitles you to install and use one copy of the Software Product. In addition, you may make one archival copy of the Software Product. The archival copy must be on a storage medium other than a hard drive, and may only be used for the reinstallation of the Software Product. This Agreement does not permit the installation or use of multiple copies of the Software Product, or the installation of the Software Product on more than one computer at any given time, on a system that allows shared used of applications, on a multi-user network, or on any configuration or system of computers that allows multiple users. Multiple copy use or installation is only allowed if you obtain an appropriate licensing agreement for each user and each copy of the Software Product.
Restrictions on Transfer
Without first obtaining the express written consent of SWFTLY, you may not assign your rights and obligations under this Agreement, or redistribute, encumber, sell, rent, lease, sublicense, or
otherwise transfer your rights to the Software Product.
Restrictions on Use
You may not use, copy, or install the Software Product on any system with more than one computer, or permit the use, copying, or installation of the Software Product by more than one user or on more than one computer. If you hold multiple, validly licensed copies, you may not use, copy, or install the Software Product on any system with more than the number of computers permitted by license, or permit the use, copying, or installation by more users, or on more computers than the number permitted by license.
You may not decompile, “reverse-engineer”, disassemble, or otherwise attempt to derive the source code for the Software Product.
Restrictions on Alteration
You may not modify the Software Product or create any derivative work of the Software Product or its accompanying documentation. Derivative works include but are not limited to translations.You may not alter any files or libraries in any portion of the Software Product.
Restrictions on Copying
You may not copy any part of the Software Product except to the extent that licensed use inherently demands the creation of a temporary copy stored in computer memory and not permanently affixed on storage medium. You may make one archival copy which must be stored on a medium other than a computer hard drive.
Limited Storage Medium Warranty
For a period of 90 days from the date of shipment or from the date that you download the Software Product, as applicable, SWFTLY warrants that when properly installed and used under normal conditions, the storage medium on which the Software Product is shipped will be free of material defects in material and workmanship.
Disclaimer of Warranties and Limitation of Liability
UNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY SWFTLY, SWFTLY MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OTHER THAN AS SET FORTH IN THIS AGREEMENT OR IN THE LIMITED WARRANTY DOCUMENTS PROVIDED WITH THE SOFTWARE PRODUCT.
SWFTLY makes no warranty that the Software Product will meet your requirements or operate under your specific conditions of use. SWFTLY makes no warranty that operation of the Software Product will be secure, error free, or free from interruption. YOU MUST DETERMINE WHETHER THE SOFTWARE PRODUCT SUFFICIENTLY MEETS YOUR REQUIREMENTS FOR SECURITY AND UNINTERRUPTABILITY. YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE SOFTWARE PRODUCT TO MEET YOUR REQUIREMENTS.
SWFTLY WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR THE LOSS OF DATA ON ANY COMPUTER OR INFORMATION
UNDER NO CIRCUMSTANCES SHALL SWFTLY, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY OTHER PARTY FOR INDIRECT,CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOSTREVENUES OR PROFITS OR LOSS OF BUSINESS) RESULTING FROM THIS AGREEMENT,OR FROM THE FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF THE SOFTWARE PRODUCT, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, OR THE NEGLIGENCE OF SWFTLY OR ANY OTHER PARTY, EVEN IF SWFTLY IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT THE APPLICABLE JURISDICTION LIMITS SWFTLY’S ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, THIS DISCLAIMER SHALL BE EFFECTIVE TO THE MAXIMUM EXTENT PERMITTED.
Limitation of Remedies and Damages
Your remedy for a breach of this Agreement or of any warranty included in this Agreement is the correction or replacement of the Software Product. Selection of whether to correct or replace shall be solely at the discretion of SWFTLY. SWFTLY reserves the right to substitute a functionally equivalent copy of the Software Product as a replacement. If SWFTLY is unable to provide a replacement or substitute Software Product or corrections to the Software Product, your sole alternate remedy shall be a refund of the purchase price for the Software Product exclusive of any costs for shipping and handling.
Any claim must be made within the applicable warranty period. All warranties cover only defects arising under normal use and do not include malfunctions or failure resulting from misuse, abuse, neglect, alteration, problems with electrical power, acts of nature, unusual temperatures or humidity, improper installation, or damage determined by SWFTLY to have been caused by you. All limited warranties on the Software Product are granted only to you and are non-transferable. You agree to indemnify and hold SWFTLY harmless from all claims, judgments, liabilities, expenses, or costs arising from your breach of this Agreement and/or acts or omissions
Governing Law, Jurisdiction and Costs
This Agreement is governed by the laws of Michigan, without regard to Michigan’s conflict or choice of law provisions.
If any provision of this Agreement shall be held to be invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect. To the extent any express or implied restrictions are not permitted by applicable laws, these express or implied restrictions shall remain in force and effect to the maximum extent permitted by such applicable laws.
Limited Lifetime Warranty Metal
- All capitalized terms herein shall have the meaning assigned to such terms in Forged by Design LLC dba SWFTLY Terms and Conditions of Sale
- For a lifetime from the date of Acceptance, Seller warrants that the Products will: a) be free from defects in material and workmanship; and b) conform to the Acceptance Criteria.
- Buyer must provide Seller with written notice of any breach of this warranty within 60 days after Buyer discovers, or should have discovered, the alleged breach. Time is of the essence, and Buyer’s failure to provide such written notice to Seller within this 60-day period will fully and completely release Seller from any obligation or liability for that breach of warranty. This warranty extends only to direct Buyers from Seller, and to no other persons or companies. In the event of any claim under this limited warranty, Seller shall, at its sole option, either credit Buyer’s account, repair any defective parts, or furnish replacement merchandise (F.O.B. Seller’s dock in Holland, MI), all
subject to Buyer providing the required written notice within the 60-day period set forth above. Any action against Seller must further be commenced within 1 year after the alleged cause of action arises or be forever barred. No employee or agent of Seller other than the President is authorized to make any additional warranty or offer any additional remedy, or to alter or vary the terms of the warranty or any disclaimers of warranties or limitations of liability contained herein, and
then only in a writing signed by the Partners.
- This warranty is further limited as follows: a) this warranty is not transferable without the express written agreement of Seller; b) Particular Products may be subject to additional limitations which, if
applicable, will be stated on Seller’s quotation.
- This warranty does not cover defects or failure that result from any of the following factors: a) noncompliance with Seller’s installation, maintenance and setup/adjustment specifications and procedures; b) changes that are made to the Products without written approval from Seller; c) misuse or abuse of the Product, water damage and other environmental factors; and/or d) the use of replacement parts other than those supplied by Seller.
We’re craftsmento our core
- The warranty on components not manufactured by Seller is limited to the warranty provided by the original manufacturers of said components, if any. Where there are major third-party items integrated into an assembly, Seller will provide any warranty for those components at time of final quote.
- The Foregoing Warranties Are In Lieu Of All Other Warranties, Whether Statutory, Expressed, Or Implied, Including The Implied Warranties Of Merchantability And Fitness For A Particular Purpose Or Use, Except As To Title.
Limited Warranty Wood
SWFTLY manufactures high quality wood tops, wood accessories and stair parts with very strict quality control. SWFTLY wood tops, wood accessories and stair parts are warranted to be free from defects in material and workmanship for one year. This warranty does not cover damage due to misuse, abuse or improper installation.
If there is any damage during shipping and it is visible when you receive your order, please have the delivery driver note the damage before you sign for delivery. If your order is damaged to the point where it can possibly not be used, you should refuse the shipment and we will get a replacement order made and shipped to you as soon as possible. If there is concealed damage to your order and you find the product to be unacceptable, you must notify us of the problem within one business day.
Minor warping is not considered a defect. A change in temperature andhumidity will cause wood to expand and contract naturally which can cause warping, especially with unfinished wood products prior to installation. Minor warping can easily be corrected with proper installation.
All pictures on the SWFTLY website are sample pictures of actual products. Because each piece of wood has its own unique character, grain and color variations are not considered a defect. Actual colors may vary from what your computer monitor, or mobile device displays. Tops should be installed within 4 weeks after delivery to be covered under warranty. Tops must be installed according to the SWFTLY Top Installation Guide to be covered under warranty.
Unless noted otherwise in the product description, the bottom side of tops and wood stair parts may have knots or other imperfections that are not considered defects. Character grade and knotty grade products will have knots or other imperfections on the top surface.
Tops, Accessories and stair parts are not covered under warranty against scuffs, scratches or other damage to the finish from installation or wear and tear from normal use.
In most cases, defective product must be returned to SWFTLY for repair or replacement at our discretion. Depending on your location and nature of the problem, we may be able to have a technician make repairs at your location, or we provide you with product to make the repair.
The SWFTLY warranty will be void for any of the following reasons:
• failure to follow all instructions in the SWFTLY Top Installation Guide
• product is exposed to unstable conditions prior to finishing and installation, with a wide fluctuation in temperature or humidity
• wood tops are not installed within 4 weeks after delivery
• wood tops with an overhang over 20” that are not supported
• wood tops with stove cutouts that are exposed to high temperatures without proper protection
• wood tops with sink cutouts that are exposed to moisture without proper protection
• change in color over time
• normal wear and tear from regular use
• misuse, abuse, alternation, neglect, accidental or intentional damage
Protecting your private information is our priority. This Statement of Privacy applies to www.goswftly.com, and Forged by Design, LLC and governs data collection and usage. For the
Collection of your Personal Information
SWFTLY may collect anonymous demographic information, which is not unique to you, such as your:
We do not collect any personal information about you unless you voluntarily provide it to us. However, you may be required to provide certain personal information to us when you elect to use certain products or services. These may include: (a) registering for an account; (b) entering a sweepstakes or contest sponsored by us or one of our partners; (c) signing up for special offers from selected third parties; (d) sending us an email message; (e) submitting your credit card or other payment information when ordering and purchasing products and services. To wit, we will use your information for, but not limited to, communicating with you in relation to services and/or products you have requested from us. We also may gather additional personal or non-personal information in the future.
Sharing Information with Third Parties
SWFTLY does not sell, rent or lease its customer lists to third parties.
SWFTLY may share data with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to SWFTLY, and they are required to maintain the confidentiality of your information.
SWFTLY may disclose your personal information, without notice, if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on SWFTLY or the site; (b) protect and defend the rights or property of SWFTLY; and/or (c) act under exigent circumstances to protect the personal safety of users of SWFTLY, or the public.
Tracking User Behavior
SWFTLY may keep track of the websites and pages our users visit within SWFTLY, in order to determine what SWFTLY services are the most popular. This data is used to deliver customized content and advertising within SWFTLY to customers whose behavior indicates that they are interested in a particular subject area.
Automatically Collected Information
Information about your computer hardware and software may be automatically collected by SWFTLY. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the SWFTLY website.
Right to Deletion
Subject to certain exceptions set out below, on receipt of a verifiable request from you, we will:
• Delete your personal information from our records; and
• Direct any service providers to delete your personal information from their records.
Please note that we may not be able to comply with requests to delete your personal information if it is necessary to:
• Complete the transaction for which the personal information was collected, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between you and us;
• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity;
• Debug to identify and repair errors that impair existing intended functionality;
• Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law;
• Comply with the California Electronic Communications Privacy Act;
• Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when our deletion of the information is likely to render impossible or seriously impair the achievement of such research, provided we have obtained your informed consent;
• Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us;
• Comply with an existing legal obligation; or
• Otherwise use your personal information, internally, in a lawful manner that is compatible with the context in which you provided the information.
Children Under Thirteen
SWFTLY does not knowingly collect personally identifiable information from children under the age of thirteen. If you are under the age of thirteen, you must ask your parent or guardian for permission to use this website.
External Data Storage Sites
We may store your data on servers provided by third party hosting vendors with whom we have contracted.
Changes to this Statement
SWFTLY welcomes your questions or comments regarding this Statement of Privacy. If you believe that SWFTLY has not adhered to this Statement, please contact SWFTLY at:
Forged by Design, LLC
428 W. 24th Street
Holland, Michigan 49423
Effective as of January 04, 2023