TERMS OF USE

Welcome to SWG - Malwear Protection website. This site is offered as a service to our customers. Perimeter 81 Ltd, our subsidiaries and our affiliates (collectively “Perimeter 81”, "we,” "us,” or "our") appreciate your interest in Perimeter 81 and your visit to this site.

The following Terms of Use (these "Terms”) set forth the basic rules that govern your use of this site and your generated or provided content. This “Site” includes all affiliated sites, mobile apps, and social media pages.

Introduction

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE. THEY GOVERN YOUR USE OF THIS SITE. IF YOU DO NOT AGREE TO THE TERMS STATED BELOW, YOU MAY NOT USE THIS SITE. Your use of this Site constitutes your knowledge, understanding, and acceptance of the Terms, and your agreement to be bound by the Terms. We will post a notification on this Site in the event of any material changes to these Terms. Such changes, whether in the form of modifications, additions, or deletions, shall be effective when specified in the relevant notification or, if the change is immaterial, immediately upon appearing on this Site. Please check these Terms periodically for changes. Your continued use of this Site following our posting of any changes to these Terms means that you accept those changes.

Age Requirements for General Use: Registration and participation on this Site is restricted to those individuals that are at least the age of majority in their state of residence and are fully able and competent to enter the terms, conditions, obligations, affirmations, representations and warranties herein. By registering or participating in services or functions on this Site, you hereby represent that you are the age of majority in your state of residence. If you are not of age, then you may use this Site only if your legal parent or guardian has accepted these Terms on your behalf and consented to your use.

Age Requirements for Purchases: YOU MUST BE AT LEAST THE AGE OF MAJORITY IN YOUR STATE OF RESIDENCE AND FULLY ABLE AND COMPETENT TO ENTER INTO THE TERMS, CONDITIONS, OBLIGATIONS, AFFIRMATIONS, REPRESENTATIONS AND WARRANTIES HEREIN, IN ORDER TO PURCHASE PRODUCTS ON THIS SITE. BY PLACING AN ORDER, YOU REPRESENT AND CERTIFY THAT ARE LEGALLY ABLE TO ENTER INTO ANY AND ALL PURCHASE AGREEMENTS WITH US AND OUR PARTNERS, VENDORS, AGENTS, AND SERVICE PROVIDERS.

Children’s Privacy: We are a general audience site and do not direct any of our content specifically at children under 13 years of age. By using this Site, you affirm that you are at least 13 years of age. IF YOU ARE UNDER 13 YEARS OF AGE, DO NOT USE THIS SITE. We understand and respect the sensitive nature of children’s privacy online. If we learn or have reason to suspect that a Site user is not at least 13 years of age, we will promptly delete any personal information in that user’s account.

2. Intellectual Property

When accessing this Site, you agree to obey the law and to respect the intellectual property rights of others. You acknowledge that some of the trademarks, trade names, trade dress, logos, domain names, and service marks (collectively, the "Trademarks") displayed on this Site are the registered and/or unregistered Trademarks of Perimeter 81. Nothing contained on this Site or in these Terms serves to grant to you, by implication or otherwise, any license or right to use any of Perimeter 81’s registered Trademarks displayed on this Site without the written permission of Perimeter 81.

Trademarks.

The text, Trademarks, logos, images, graphics, photos, video files, application functionality, or any other digital media, and their arrangement on this Site ("Content") are all subject to patent, copyright, trademark and other intellectual property protection. Content may not be copied for commercial use or distribution, nor may Content be modified, processed, or reposted to other websites. Access to and use of this Site are solely for your purchase/use of Perimeter 81 products and/or services for personal use, information, education, entertainment, and communication with Perimeter 81. You may download, copy or print the Content of this Site for your personal, non-commercial use only. No right, title or interest in any of the Content of this Site is transferred to you as a result of any downloading, copying, printing or use of this Site. Except as expressly provided herein, you may not modify, create derivative works, copy, redistribute, publish, transmit, display or in any way exploit any content or material from this Site without express written permission from us and, if applicable, the respective copyright owner.

You acknowledge that you do not acquire any ownership rights by using, downloading or printing copyrighted material.

3. Third-Party Links.

Third-party links on this Site may direct you to third-party websites ("Third-Party Sites") that are not affiliated with Perimeter 81 or that may be located in different countries, and those websites and the products sold on those websites are likely to be subject to the originating country's regulatory or product safety requirements. These Third-Party Sites and store locations are only for your convenience and therefore you access them at your own risk. We have not reviewed all of the Third-Party Sites linked to this Site and are not responsible for the content of or any products or services offered on such Third-Party Sites, and Perimeter 81 is therefore not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any Third-Party Sites ("Third-Party Products"). Complaints, claims, concerns, or questions regarding Third-Party Products should be directed to the third party. Also, access to participating retailers does not constitute an endorsement by us or any of our subsidiaries or affiliates of any retailers, or the resources, products, or services offered by them. We have no responsibility or liability for these Third-Party Site’s independent policies or actions and are not responsible for the privacy practices or the content of such Third-Party Sites or retailers. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. For avoidance of doubt, if we provide links to social media platforms, such as Facebook or Twitter, and you choose to visit those websites through our links, please note that the personal information you post, transmit or otherwise make available on those websites may be viewed by the general public. We do not control user-posted content on social media sites and are not responsible for any third-party use of your personal information that you have posted, transmitted or otherwise made available there.

4. Prohibited Uses.

You may browse this Site and all associated content solely for your personal use and enjoyment. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.

Accuracy of Information as Condition to Site Access: To access parts of this Site or some of the resources it offers, you may be asked to provide certain, sometimes personal, information. It is a condition of your use of this Site that all the information you provide on this Site is correct, current and complete.

Restricted Transmission: You agree not to use any device, software or routine to interfere with the proper functioning of this Site. In using this Site, you may not:

transmit or solicit any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder;
transmit any information, software or other material which contains or delivers a virus or other harmful component;
use any software, tool, data, device or other mechanism to navigate or search this Site other than a generally available browser;
use any software, tool, data, device or other mechanism to “scrape” or otherwise compile data on this Site;
frame or utilize framing techniques to enclose any aspect of this Site, including any trademark, logo, or other proprietary information (including, but not limited

to, images, text, page layout, or form) without our express written consent; or use any metatags or any other "hidden text" utilizing our name or Trademarks without our express written consent.

Additionally, you are prohibited from violating or attempting to violate any security features of this Site, including, without limitation:

accessing content or data not intended for you or logging onto a server that you are not authorized to access;
attempting to probe, scan, or test the vulnerability of this Site, or any associated system or network, or to breach security or authentication measures without proper authorization;
interfering or attempting to interfere with service to any visitor, host, or network, including, without limitation, by means of submitting a virus to this Site.

Any violation of system or network security may subject you to civil and/or criminal liability.

5. Merchandise

All merchandise orders that you place through our Site are fulfilled using a third party print-on-demand service, Printful, Inc “Printful”. This means that all merchandise is created after the purchase is complete, and then packed and shipped to you by Printful on our behalf. Printful’s terms of service are available to view at www.printful.com, and those terms govern any purchase of merchandise you make through the Site. By placing orders or making purchases of merchandise through the Site, you acknowledge that you have read, understood and agree to be bound by the Printful terms of services and any applicable Printful policies.

Whilst Printful cannot guarantee delivery dates, it takes Printful up to 7 business days to create a product, and, on average, shipping time is 5 business days (depending on the delivery destination). Printful reserves the right to refuse any order where you request delivery to any territory they do not ship to. Currently Printful does not ship to Cuba, Iran, Crimea, Syria and North Korea. There may be additional countries or territories which Printful is unable to ship to from time to time, see the Printful website for full details.

If you receive a misprinted, damaged or defective item, please submit the relevant form on the Contact support@printful.com. You must include detailed images of the damage, your order number, a brief description of the damage, and specify whether you are requesting a refund, or a replacement product. This form must be submitted within 14 days of receiving the product. We will review the information provided and reply regarding how we plan to resolve the issue. If you are entitled to a replacement item, this will be delivered to you free of charge – please note it will be an even exchange for the same exact item. If you are entitled to a refund, please note it may take up to 14 days from confirmed authorisation of the refund, which will be sent to via email, for the funds to reach you.

As our merchandise is custom-printed, other than with regard to misprinted, damaged or defective items, all sales are final and we cannot exchange products. For the avoidance of doubt, we cannot process exchanges where you mistakenly ordered an incorrect item or size.

For packages lost in transit, please submit the relevant form on the contact support@printful.com no later than 14 days after the estimated delivery date. We will contact Printful to request that they ship you a replacement order, free of charge. However, please note that if tracking information states an order was delivered, or if your original shipping information was incorrect, we will be unable to provide a replacement free of charge. In that case, any replacements would have to be at your expense.

Prices may exclude delivery charges, which may be added to the total amount and will be calculated and displayed on screen prior to your payment details being taken. We reserve the right to change our product prices at any time without notice. Any new price changes will be updated on the Site.

Products ordered from the Site may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. We have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.

You can pay for products by PayPal. By doing so you represent and warrant that the card or PayPal account being used is yours. All PayPal payments are subject to authorisation by PayPal.

We use our best efforts to provide you with the best images of available products, but unfortunately we cannot guarantee that your computer monitor’s display of any colours will be 100% accurate representations of the final product.

All products are provided without representation or warranty of any kind, either express or implied (whether by common law, custom, statute or otherwise). To the fullest extent permissible pursuant to applicable law, we disclaim all other conditions, representations, statements, terms, undertakings and warranties (including, but not limited to, any implied warranty of the fitness for a particular product).

Any merchandise or products you purchase through the Site may only be used for your personal, non-commercial purposes, and may not be modified, copied, altered, distributed, reproduced, displayed, leased or sold in any form or by any means, in whole or in part. Any copying, reproduction, modification, distribution, lease or sale of any merchandise or products you purchase through the Site shall be an infringement of our Rights.

6. Liability

Nothing in these General Terms of Use shall exclude or limit our liability for:

death or personal injury caused by our negligence; or
any loss suffered by you as a result of your reliance on any fraudulent misrepresentation made by us to you; or
any liability which cannot be excluded or limited under applicable law.

You expressly agree that your use of and browsing of the Site and the use of Site Content are at your own risk.

Subject to clause 6(a-c), you agree that we shall not be liable for: (a) any direct loss, claim or damage; (b) any indirect loss, claim or damage, or any punitive, special, incidental or consequential damages of any kind that are not directly associated with the incident that caused your claim; or (c) any loss of profit or loss of savings or loss or corruption of data (in each case whether direct or indirect), in each case whether based in contract, tort (including negligence), strict liability, or otherwise, which arises out of or is in any way connected with (i) any use of this Site or the Site Content; (ii) any failure or delay in the use of any component of the Site, the Site Content or any service including, without limitation, any unavailability of the Site, the Site Content or the services irrespective of the duration of any period of unavailability; or (iii) any use of or reliance upon any Site Content or any other information, material, software, products, services and related graphics obtained through the Site, in all cases even if we have been forewarned of the possibility of such loss or damage.

Laws applicable in your country of residence may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Without limiting the effect of clause 6 above, due to the inherent risks of using the internet, we cannot be liable for any damage to, or viruses that may infect your computer equipment or any other property when using or browsing the Site. The downloading or other acquisition of any Site Content through the Site is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system or loss of data that results from the downloading or acquisition of any such Site Content.

7. Indemnity

You agree to indemnify, keep indemnified, defend and hold us and our parent companies, subsidiaries, affiliates and each of our respective officers, directors, employees, owners, agents, contractors, partners, information providers and licensors harmless from and against any and all claims, damages, liability, demands, losses, costs and expenses (including legal fees) (whether or not foreseeable or avoidable) incurred or suffered by any of such parties and any claims or legal proceedings which are brought or threatened arising out of or in connection with your use of the Site, the Site Content or the services provided through the Site, your conduct in connection with the Site or services provided or with other users of the Site, any purchases, transactions, dealings or arrangements with any third party via the Site or on a third party site, or any violation of these General Terms of Use or of any law or the rights of any third party.

8. Termination

We may remove the Site or cease the provision of any of the services available through the Site at any time in our sole discretion for any reason whatsoever. We may terminate your access to the Site for any reason in our sole discretion at any time with or without notice.

Upon termination of your access to the Site for any reason, you must destroy all Site Content obtained from this Site and any and all copies thereof, whether made under these General Terms of Use or otherwise.

9. Data Protection, Privacy and Cookies

We will only use any personal information that we may collect about you in accordance with our Privacy Policy. Click here to view our Privacy Policy. This policy forms an essential part of these General Terms of Use and it is important that you read it. By accepting these General Terms of Use you also accept and consent to our Privacy Policy.

10. General

Any failure or delay by us to enforce any of our rights under these General Terms of Use is not to be taken as or deemed to be a waiver of that or any other right unless we acknowledge and agree to such a waiver in writing.

These General Terms of Use are not intended to be for the benefit of, and shall not be exercisable by, any person who is not a party to these General Terms of Use under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

If any clause or part of a clause of these General Terms of Use is, or becomes, invalid, illegal or unenforceable, then that clause or part of a clause shall be deemed to be deleted from these General Terms of Use. Any such deemed deletion shall not affect the validity, legality or enforceability of the remainder of these General Terms of Use.

The warranties, exclusions and the other express provisions of these General Terms of Use, the Members’ Terms of Use (if applicable) and the Privacy Policy set out the full extent of our obligations and liabilities concerning its subject matter and supersede any previous agreements between the parties relating thereto. Subject to clause 6 you shall have no remedy in respect of any untrue statement made to you upon which you relied in entering into these General Terms of Use other than any remedy you may have for breach of the express terms of these General Terms of Use.

This Agreement is governed by the laws of the State of New York and the parties agree to submit to the exclusive jurisdiction of the federal and state courts serving New York.

Accessibility Statement for SWG Malwear Protection

This is an accessibility statement from Perimeter 81.

Conformance status

The Web Content Accessibility Guidelines (WCAG) defines requirements for designers and developers to improve accessibility for people with disabilities. It defines three levels of conformance: Level A, Level AA, Level AAA. SWG Malwear Protection is partially conformant with WCAG 2.1 level AA. Partially conformant means that some parts of the content do not fully conform to the accessibility standard.

Date

This statement was created on 25 January using the W3C Accessibility Statement Generator Tool.