Terms of Service
Last updated: February 15, 2026
1. Acceptance of Terms
By accessing and using The Swan Brothers website and services, you accept and agree to be bound by the terms and provisions of this Agreement. Your use of the website constitutes your acceptance of these terms. If you do not agree to abide by them, please do not use this service.
2. Services
Physical Services
The Swan Brothers provides custom screen printing, embroidery, digital printing, laser engraving, and related promotional product services. Our physical services include:
- Custom apparel decoration (screen printing, embroidery, digital printing)
- Promotional product customization
- Bulk order processing and fulfillment
- Third-party logistics services
Digital Platform Services
Our web-based ordering portal provides the following digital services:
- Account Management: Secure user authentication and organization-based access control
- Order Processing: Digital order submission, tracking, and management system
- Design Submission: URL-based design submission with automated screenshot capture
- Roster Management: Team roster creation, editing, and import/export functionality
- Order History: Complete order tracking and historical record access
- Data Export: Ability to export your order data and roster information
Design URL Requirements
When submitting design URLs through our platform:
- URLs must be publicly accessible and lead directly to design content
- Designs should be from approved sources (such as newbalanceteam.com, champrosports.com, or other verified vendors)
- You warrant that you have permission to use the design content for the intended purposes
- We capture screenshots of submitted URLs for order processing and record-keeping
- Design files and screenshots are stored securely and retained according to our data retention policy
3. Orders and Payment
Order Placement
All orders are subject to acceptance by The Swan Brothers. We reserve the right to refuse or cancel any order for any reason, including but not limited to product availability, errors in product information, or payment issues.
Payment Terms
Payment is required before production begins unless otherwise agreed upon in writing. We accept major credit cards, wire transfers, and approved payment methods. Net 30 terms may be available for qualified accounts. If payment fails after order acceptance, we reserve the right to cancel or suspend the order.
Pricing
Pricing is subject to change without notice, except for orders already accepted by The Swan Brothers. Applicable taxes, shipping, and handling fees are extra and will be added to the invoice.
4. Production and Delivery
Turnaround Times
Standard turnaround times are 5-7 business days for most products. Rush orders may be available for additional fees. Delivery times are estimates and not guarantees. Delays caused by customer changes or third parties are not the responsibility of The Swan Brothers.
Proofs and Approvals
Proofs are provided digitally (e.g., PDF) for customer review and approval prior to production. Customer approval of artwork proofs is required before production begins. The Swan Brothers is not responsible for errors in the final product that were present in approved artwork.
5. Intellectual Property
Customer Content
Customers warrant that they own or have permission to use all artwork, logos, and content provided for production. Customers agree to indemnify and hold harmless The Swan Brothers from any claims, damages, or expenses arising from copyright or trademark infringement.
Licensed Content
Use of licensed content (sports teams, universities, brands) requires proper licensing. Customers are responsible for obtaining necessary permissions and paying applicable licensing fees.
6. Quality and Returns
We maintain high quality standards and will remake products that do not meet our quality specifications or contain production errors. Quality issues must be reported within 30 days of delivery by contacting customer service. Refunds, exchanges, or credits may be provided at The Swan Brothers' discretion.
Custom decorated products are non-returnable and non-cancelable once production begins. Blank merchandise may be returnable within 30 days if in original condition.
7. Limitation of Liability
The Swan Brothers' liability for any claim relating to products or services shall not exceed the purchase price of the specific products or services. Products are provided "as is" without warranties of any kind. Under no circumstances shall The Swan Brothers be liable for any indirect, incidental, consequential, special, or punitive damages, lost profits, business opportunities, or delays caused by circumstances beyond our control.
8. User Accounts
Account Creation and Onboarding
New accounts require administrator approval before accessing full portal features. During onboarding, you must provide complete and accurate professional information including your name, contact details, school affiliation, and role. This information helps us provide personalized services and complimentary gifts.
Account Responsibilities
If you create an account on our website, you are responsible for:
- Maintaining the confidentiality of your account information
- All activities that occur under your account
- Providing accurate and up-to-date information during onboarding
- Completing the required profile information to access member features
- Notifying us immediately of any unauthorized use
Account Access Levels
The Swan Brothers maintains different account access levels including disabled, onboarding, member, admin, and owner roles. Your access to features and services depends on your account status as determined by our administrators. We reserve the right to modify or revoke account access at any time.
9. Acceptable Use Policy
When using The Swan Brothers digital platform, you agree not to:
- Access or attempt to access accounts, systems, or data that you are not authorized to use
- Use automated tools, bots, or scrapers to extract data from the platform without written permission
- Upload, transmit, or distribute malicious code, viruses, or any content designed to disrupt or damage the platform
- Impersonate another person, organization, or account holder, or misrepresent your affiliation with any entity
- Use the platform for any unlawful purpose or in violation of any applicable local, state, or federal law
- Attempt to circumvent any security measures, access controls, or rate limits implemented on the platform
- Interfere with or disrupt the integrity or performance of the platform or its underlying infrastructure
- Share account credentials with unauthorized individuals or allow third parties to access your account
The Swan Brothers reserves the right to investigate and take appropriate action against anyone who violates this policy, including suspending or terminating account access and reporting violations to law enforcement authorities where applicable.
10. Termination
Termination by The Swan Brothers
We may suspend or terminate your account and access to our services at any time, with or without notice, for conduct that we determine in our sole discretion violates these Terms, is harmful to other users, or is otherwise objectionable. Grounds for termination include but are not limited to: violation of these Terms, fraudulent or illegal activity, non-payment, or extended periods of account inactivity.
Termination by User
You may request account deletion at any time by contacting customer service. Upon receiving your request, we will deactivate your account and remove your access to the platform. Please allow a reasonable processing period for account deletion requests.
Effect of Termination
Upon termination, your right to access and use the platform ceases immediately. Data associated with your account will be retained and deleted in accordance with the data retention schedule described in our Privacy Policy. Outstanding orders in progress at the time of termination will be fulfilled per the original order terms, and any amounts owed remain due and payable. Sections of these Terms that by their nature should survive termination (including Intellectual Property, Indemnification, Limitation of Liability, and Dispute Resolution) will remain in effect.
11. Data Portability and Export Rights
You have the right to access and export your data from our platform:
Roster Data Export
- Export your team rosters in standard formats (CSV, Excel)
- Download roster information including names, sizes, numbers, and quantities
- Access roster data at any time through your account dashboard
Order Data Access
- View and export complete order history and details
- Download order-related design files and screenshots
- Access tracking information and status updates
- Request copies of invoices and order confirmations
Account Data
Upon request, we will provide you with a copy of your account information, organization details, and associated data in a commonly used electronic format. Data export requests can be made by contacting customer service.
12. Indemnification
You agree to indemnify, defend, and hold harmless The Swan Brothers, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:
- Your violation of these Terms of Service or any applicable law or regulation
- Your infringement or misappropriation of any intellectual property, trademark, or proprietary right of any third party
- Content, designs, logos, or materials you submit through the platform
- Your misuse of the platform or services
- Any third-party claims arising from your use of the services or products ordered through the platform
- Your negligent or wrongful conduct
This indemnification obligation will survive the termination of your account and these Terms of Service.
13. Electronic Communications Consent
By creating an account on The Swan Brothers platform, you consent to receive electronic communications from us, including but not limited to:
- Order confirmations, status updates, and shipping notifications
- Account activity alerts and security notifications
- Proof and artwork approval requests
- System maintenance notices and platform updates
- Invoices, payment receipts, and billing communications
You may opt out of promotional and marketing emails at any time by using the unsubscribe link included in those communications or by contacting customer service. However, you may not opt out of transactional communications (such as order confirmations, approval requests, account alerts, and billing notices) while your account remains active, as these are essential to the operation of the services.
14. Force Majeure
The Swan Brothers shall not be liable for any delay or failure to perform its obligations under these Terms where such delay or failure results from circumstances beyond our reasonable control, including but not limited to:
- Natural disasters, severe weather events, floods, earthquakes, or fires
- Epidemics, pandemics, or public health emergencies
- Supply chain disruptions, raw material shortages, or vendor delays
- Labor disputes, strikes, or workforce shortages
- Government actions, sanctions, embargoes, or regulatory changes
- War, terrorism, civil unrest, or acts of sabotage
- Power outages, telecommunications failures, or cyberattacks
- Transportation disruptions or carrier delays
In the event of a force majeure occurrence, we will make reasonable efforts to notify affected customers promptly and to resume performance as soon as practicable. Delivery timelines will be extended by a period equal to the duration of the delay. If a force majeure event continues for more than ninety (90) days, either party may terminate the affected order upon written notice.
15. Privacy
Your privacy is important to us. Please review our Privacy Policy, which explains how we collect, use, and protect your information when you use our services.
16. Dispute Resolution
Governing Law
These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflict of law provisions.
Informal Resolution
Before initiating any formal dispute resolution proceeding, you agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the services informally by contacting us at info@theswanbrothers.com. Both parties agree to negotiate in good faith for a period of thirty (30) days from the date the dispute is raised. Most concerns can be resolved quickly and satisfactorily through direct communication.
Binding Arbitration
If the parties are unable to resolve a dispute through informal negotiation within thirty (30) days, the dispute shall be resolved exclusively by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall take place in Berkshire County, Massachusetts. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. Each party shall bear its own costs and attorneys' fees unless the arbitrator determines otherwise.
Small Claims Exception
Notwithstanding the foregoing, either party may bring an individual action in small claims court for disputes within the jurisdictional limits of such court, provided the matter remains in small claims court and is advanced on an individual (non-class, non-representative) basis.
Class Action Waiver
You and The Swan Brothers agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You expressly waive any right to participate in a class action lawsuit or class-wide arbitration against The Swan Brothers.
17. Changes to Terms
We reserve the right to modify these terms at any time. Changes will be posted on our website and will become effective immediately upon posting. Your continued use of our services constitutes acceptance of any changes to these terms.
18. Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, shall be severed from these Terms. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of the remaining provisions, which shall continue in full force and effect.
19. Entire Agreement
These Terms of Service, together with our Privacy Policy, constitute the entire agreement between you and The Swan Brothers regarding your use of the platform and services. These Terms supersede all prior or contemporaneous communications, proposals, and agreements, whether oral or written, between you and The Swan Brothers with respect to the subject matter herein. Any additional or different terms proposed by you in purchase orders or other documents are expressly rejected unless agreed to in writing by an authorized representative of The Swan Brothers.
20. Contact Information
If you have any questions about these terms of service, please contact us:
The Swan Brothers
33 Whipple St
Pittsfield, MA 01201
Phone: (413) 344-9199
Email: info@theswanbrothers.com