Last updated August, 2023

Acceptance of Terms

These Terms of Use establish a legally binding agreement between you, whether you are acting as an individual or on behalf of an organization ("you"), and SwiftStart LLC ("we," "us," or "our"). They cover how you can use and access the https://swiftstartplus.com and https://swiftstart.com websites as well as any other associated media forms, channels, mobile applications, or websites linked to it (collectively, the "Site"). By using the site, you agree to comply with all stipulations detailed in these Terms of Use. If you disagree with any part of these terms, do not use the Site.

Additional conditions or documents that may be published on the Site periodically are explicitly incorporated into these Terms of Use by reference. We reserve the exclusive right to revise or modify these Terms of Use at our discretion, without prior notice, for any reason. Notice of any alterations will be provided through the "Last updated" date of these Terms of Use, and you waive the right to receive specific notifications regarding each change. It is your responsibility to periodically review these Terms of Use to stay informed about any updates. Your continuous use of the Site after the publication of revised Terms of Use implies your acceptance of those changes.

The information provided on the Site is not intended for distribution to, or utilization by, any individual or entity in jurisdictions or countries where such distribution or use would contravene the law or regulations, or necessitate our compliance with registration prerequisites in those jurisdictions or countries. Thus, those who opt to access the Site from different locations undertake this initiative on their own volition and assume sole responsibility for adhering to applicable local laws.

The Site is meant for users aged 18 and above. Individuals under 18 years old are not permitted to use or register on the Site.

Intellectual Property Rights

Unless explicitly indicated otherwise, the Site is our exclusive property, including source code, the way the site works, how it looks, databases, software, website blueprints, audio, video, text, and pictures on the Site (collectively, the "Content"), along with trademarks, service marks, and logos contained within (the "Marks"). These are either owned or controlled by us or licensed to us. These assets are safeguarded by copyright, trademark, and various other intellectual property and unfair competition laws in the United States, foreign jurisdictions, and international conventions. The Content and Marks are accessible on the Site "AS IS" for your personal use and information. Except for provisions explicitly outlined in these Terms of Use, no aspect of the Site, Content, or Marks may be duplicated, replicated, aggregated, republished, uploaded, posted, publicly showcased, encoded, translated, transmitted, circulated, sold, licensed, or otherwise exploited for any commercial purpose without our express written permission.

Given that you meet the criteria for Site use, you are granted a confined license to access the Site, employ it, and download or print a segment of the Content for your personal, non-commercial use, provided you have gained proper access. All rights not expressly granted to you with regards to the Site, Content, and Marks remain exclusively ours.

User Representations

When you engage with the SwiftStart LLC website, you affirm and guarantee that: (1) all information provided during registration is truthful, accurate, up-to-date, and complete; (2) you will uphold the accuracy of this information and promptly update it whenever necessary; (3) you possess the legal capacity and agree to abide by the presented Terms of Use; (4) you are of legal age in your jurisdiction of residence and not a minor; (5) you will not employ automated or non-human methods, like bots or scripts, to access the website; (6) you will refrain from utilizing the website for any illicit or unauthorized intentions; and (7) your website usage will not breach any applicable laws or regulations.

Should you offer any information that is false, inaccurate, outdated, or incomplete, we hold the right to suspend or terminate your account and deny any present or future usage of the website (or specific portions thereof).

User Registration

In some instances, you might be required to sign up on the website. You commit to safeguarding your password's confidentiality and will bear responsibility for any activity carried out using your account and password. We retain the authority to withdraw, reclaim, or alter a chosen username if, at our sole discretion, we judge the username to be unsuitable, indecent, or otherwise objectionable.

Products and Services

We put forth maximum effort to depict the features, specifications, and particulars of the products and services available on the website as precisely as possible. Nevertheless, we do not ensure that the features, specifications, and particulars of the products will be without errors. We maintain the right to discontinue any products at our discretion and without prior notice. Prices for all products and services are susceptible to modifications.

Purchases and Payments

We accept the following payment forms:

-Visa
-Mastercard
-American Express
-PayPal

You agree to use current and accurate purchase and account details for all transactions carried out through the website. Moreover, you undertake to update account and payment information, including email addresses, payment methods, and payment card expiration dates, enabling us to finalize your transactions and reach out to you when necessary. Sales tax might be included in the purchase price as dictated by us. We reserve the liberty to modify prices at any point. All payments are required in U.S. dollars.

You agree to cover all expenses based on the prices applicable during your purchases. Furthermore, you authorize us to charge your chosen payment provider for such sums once you place an order. We maintain the right to correct any price-related errors or inaccuracies, even if payment has been requested or received.

We hold the right to decline any orders placed through the website. We maintain the right to restrict or forbid orders that, in our exclusive judgment, seem to originate from dealers, resellers, or distributors.

Prohibited Activities

Your use of the Site must align with its intended purpose. The Site should not be utilized for commercial activities unless explicitly authorized by us.

As a user, you are prohibited from:

-Extracting data or content from the Site to create databases or directories without our written consent.
-Unauthorized use of the Site, including gathering user information for unsolicited emails or creating accounts deceitfully.
-Disrupting security features or attempting to override restrictions on content use.
-Deceptive actions to obtain sensitive information.
-Misusing support services or submitting false abuse reports.
-Employing automated tools to interact with the system or extract data.
-Disrupting the Site's functionality or connected networks.
-Impersonating others or selling/transferring profiles.
-Using Site-obtained information to harass or harm others.
-Using the Site for competitive or revenue-generating activities.
-Reverse engineering the Site's software.
-Bypassing measures that restrict Site access.
-Harassing Site providers or removing copyright notices.
-Uploading viruses, spam, or disruptive content.
-Using mechanisms to collect information without consent.
-Deploying automated systems without authorization.
-Damaging our reputation or the Site's.
-Violating applicable laws while using the Site.

Ownership of Content

By agreeing to our terms, when requesting free wins or purchasing our products, you agree unless otherwise agreed upon by entering an NDA SwiftStart LLC is allowed to use content or works provided to you through SwiftStart LLC for marketing or educational purposes without further permission.

User-Generated Contributions

The Site may allow you to contribute chat, contribute content, or participate in groups which should not infringe on others' rights, violate laws, or offend. By contributing, you confirm your rights and consent of involved parties.

This content includes but is not limited to text, written materials, videos, audios, photos, graphics, comments, suggestions, personal information, and other forms of material (collectively referred to as "Contributions"). These Contributions could be visible to other Site users, as well as those engaging with Marketplace Offerings and third-party websites. Hence, any Contributions you share should not be considered as confidential or proprietary.

By creating or making available any Contributions, you affirm and assure the following:
1. Your Contributions' creation, distribution, transmission, public display, performance, accessing, downloading, or copying will not infringe upon the proprietary rights of third parties, including copyrights, patents, trademarks, trade secrets, or moral rights.
2. You are either the creator and owner of the Contributions or possess the necessary licenses, rights, consents, releases, and permissions to authorize us, the Site, and other Site users to use your Contributions as per the intentions outlined by the Site and its Terms of Use.
3. You have obtained written consent, releases, and/or permissions from each and every identifiable individual featured in your Contributions, allowing you to use their name or likeness in ways contemplated by the Site and its Terms of Use.
4. Your Contributions are accurate, truthful, and not misleading.
5. Your Contributions do not involve unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or any other form of solicitation.
6. Your Contributions are not obscene, lewd, violent, harassing, libelous, slanderous, or otherwise objectionable, as determined by us.
7. Your Contributions refrain from ridiculing, mocking, disparaging, intimidating, or abusing any individuals.
8. Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against others.
9. Your Contributions comply with all relevant laws, regulations, and rules.
10. Your Contributions do not violate the privacy or publicity rights of third parties.
11. Your Contributions do not involve material that solicits personal information from individuals under the age of 18 or exploits minors in a sexual or violent manner.
12. Your Contributions do not contravene federal or provincial laws regarding child pornography or laws intended to safeguard minors' health and well-being.
13. Your Contributions do not include offensive comments related to race, national origin, gender, sexual preference, or physical disability.
14. Your Contributions do not otherwise violate these Terms of Use or any applicable laws or regulations.

Any usage of the Site or Marketplace Offerings that violates the above guidelines will breach these Terms of Use, potentially resulting in the suspension or termination of your rights to use the Site and Marketplace Offerings.

Contribution Licensing

By sharing your Contributions on any section of the Site or making them accessible by linking your Site account to your social media accounts, you automatically grant us an unrestricted, perpetual, irrevocable, worldwide, non-exclusive, transferable, royalty-free, fully paid, and broad license. This license empowers SwiftStart LLC to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or part), and distribute your Contributions, including your image and voice, for various purposes, such as commercial, advertising, and more. SwiftStart LLC can create derivative works or incorporate your Contributions into other works, and the company can also grant sublicenses. This usage and distribution can happen across various media formats and channels.

This license applies to current and future forms of media, technology, and platforms, and it includes the right to use your name, company name, franchise name, trademarks, service marks, trade names, logos, and any personal or commercial images you provide. By granting this license, you waive any moral rights in your Contributions, confirming that moral rights have not been asserted in your Contributions.

SwiftStart LLC doesn't claim ownership over your Contributions, and you retain complete ownership of the intellectual property and proprietary rights associated with them. The company isn't responsible for the accuracy or representations in your Contributions on the Site. You're solely responsible for your Contributions and agree to release SwiftStart LLC from any responsibility and refrain from legal action concerning your Contributions.

SwiftStart LLC holds the right, solely at its discretion, to edit, alter, or modify any Contributions, re-categorize Contributions for appropriate placement on the Site, and pre-screen or delete Contributions without prior notice. SwiftStart LLC isn't obligated to monitor your Contributions.

Social Media

As part of the Site's features, you may link your Site account with third-party service provider accounts (referred to as "Third-Party Accounts") in two ways: by providing your Third-Party Account login details through the Site or by allowing SwiftStart LLC to access your Third-Party Account as permitted by the relevant terms and conditions of each Third-Party Account. You affirm that you're authorized to disclose your Third-Party Account login information and grant SwiftStart LLC access without breaching the terms of those Third-Party Accounts. This action doesn't obligate SwiftStart LLC to pay fees or be subject to usage limitations imposed by Third-Party Account providers.

By granting SwiftStart LLC access to your Third-Party Accounts, you understand that:

1. Content you've provided to and stored in your Third-Party Account (referred to as "Social Network Content") may be accessed, made available, and stored (if applicable) by SwiftStart LLC to be accessible on the Site through your account. This includes friend lists and similar content.
2. SwiftStart LLC may submit and receive additional information from your Third-Party Account, depending on notifications when you link your account with the Third-Party Account.
3. Depending on privacy settings in Third-Party Accounts, personally identifiable information you post on such accounts may be available on the Site through your account.

Please note that if a Third-Party Account becomes unavailable or SwiftStart LLC's access to it is terminated, Social Network Content may no longer be accessible through the Site. You can disconnect your Site account from Third-Party Accounts at any time. It's important to recognize that your relationship with Third-Party Service Providers associated with your Third-Party Accounts is solely governed by your agreements with them. SwiftStart LLC does not review Social Network Content for accuracy, legality, or non-infringement and is not responsible for it.

You acknowledge that SwiftStart LLC may access your email address book linked to a Third-Party Account and your contact list stored on your mobile device or tablet for the purpose of identifying and informing you about contacts who have registered on the Site. You can disconnect your Site account from Third-Party Accounts by reaching out to SwiftStart LLC or through your account settings. Any information obtained through such Third-Party Accounts, except your username and profile picture associated with your account, will be deleted from our servers.

Submissions

You acknowledge and agree that any information, including questions, comments, suggestions, ideas, feedback, or other content ("Submissions"), shared with us regarding the Site or Marketplace Offerings are not confidential and become the sole property of SwiftStart LLC. The company gains exclusive rights, including intellectual property rights, and can freely use and disseminate these Submissions for lawful purposes, commercial or otherwise, without acknowledging or compensating you. By sharing Submissions, you waive moral rights, confirming their originality or your right to submit them. No claims can be made against SwiftStart LLC for alleged or actual infringement of proprietary rights in your Submissions.

Third-Party Websites and Content

The Site may include links to other websites ("Third-Party Websites") and content originating from third parties ("Third-Party Content"). These are not reviewed for accuracy or appropriateness by SwiftStart LLC. The company isn't responsible for Third-Party Websites accessed through the Site or Third-Party Content posted on, available through, or installed from the Site. Including Third-Party Websites or Content doesn't imply approval or endorsement by SwiftStart LLC. Use of Third-Party Websites or Content is at your own risk, and your relationship with such entities is governed by your agreements with them. SwiftStart LLC is not liable for any harm resulting from interactions with Third-Party Content or Websites.

Site Management

We retain the right, though not the obligation, to undertake the following actions: (1) vigilantly monitor the Site to identify violations of these Terms of Use; (2) initiate suitable legal actions against individuals who, according to our sole discretion, violate the law or these Terms of Use, including potentially reporting such users to law enforcement authorities; (3) at our sole discretion and without limitations, decline, restrict access to, curtail availability of, or deactivate (to the extent technically feasible) any of your Contributions or any portion thereof; (4) at our sole discretion and without any obligations, notifications, or liabilities, eliminate from the Site or disable files and content that exceed reasonable size limits or in any way strain our systems; and (5) otherwise administrate the Site in a manner intended to safeguard our rights and assets and to facilitate the smooth operation of the Site and the Marketplace Offerings.

Privacy Policy

We hold a strong commitment to data privacy and security. By utilizing the Site or the Marketplace Offerings, you consent to adhere to our Privacy Policy, which is published on the Site and is an integral part of these Terms of Use. Please be aware that the Site and the Marketplace Offerings are hosted in the United States. If you access the Site or the Marketplace Offerings from regions like the European Union, Asia, or any other part of the world with distinct laws or requirements governing the collection, use, or disclosure of personal data that differ from US laws, your continued use of the Site entails the transfer of your data to the United States. With this continued use, you explicitly agree to the transfer and processing of your data in the United States. Furthermore, we do not knowingly gather information from or market to children. In accordance with the U.S. Children’s Online Privacy Protection Act, if we become aware that a person under the age of 13 has provided personal information to us without proper and verifiable parental consent, we will promptly remove that information from the Site.

Copyright Infringements

We hold great respect for the intellectual property rights of others. If you believe that any material available on the Site or accessible through it infringes on a copyright you own or control, we urge you to immediately inform us through the contact information provided below (a "Notification"). A copy of your Notification will be shared with the individual who posted or stored the material mentioned in the Notification. It's important to note that, according to federal law, making false representations in a Notification may result in legal liability for damages. If you are uncertain whether material on the Site infringes your copyright, we recommend considering consultation with a legal professional before proceeding.

TERM AND TERMINATION

These Terms of Use will remain fully effective as long as you utilize the Site. WITHOUT LIMITING ANY OTHER PROVISIONS IN THESE TERMS OF USE, WE RETAIN THE RIGHT TO, AT OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE AND THE MARKETPLACE OFFERINGS (INCLUDING BLOCKING SPECIFIC IP ADDRESSES) TO ANY INDIVIDUAL, FOR ANY REASON OR WITHOUT A REASON. THIS INCLUDES, BUT IS NOT LIMITED TO, BREACH OF ANY REPRESENTATION, WARRANTY, OR AGREEMENT CONTAINED IN THESE TERMS OF USE OR ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OF THE SITE AND THE MARKETPLACE OFFERINGS, DELETE YOUR ACCOUNT, AND REMOVE ANY CONTENT OR INFORMATION YOU HAVE POSTED, ALL AT OUR SOLE DISCRETION, WITHOUT PRIOR NOTICE.

Should we suspend or terminate your account for any reason, you are not allowed to create a new account using your name, a fabricated or borrowed name, or the name of any third party, even if you are acting on behalf of that third party. Apart from account suspension or termination, we reserve the right to take appropriate legal action, including pursuing civil, criminal, and injunctive remedies.

MODIFICATIONS AND INTERRUPTIONS

We hold the right to change, edit, or remove content from the Site at any time and for any reason at our sole discretion, without prior notice. However, we are under no obligation to update any information on the Site. Similarly, we retain the right to modify or discontinue, in whole or in part, the Marketplace Offerings without prior notice. You acknowledge that we will not be held liable to you or any third party for any changes, price adjustments, suspensions, or terminations of the Site or the Marketplace Offerings.

We cannot guarantee uninterrupted availability of the Site and the Marketplace Offerings. Technical issues, maintenance, or other factors might result in interruptions, delays, or errors. We hold the right to change, revise, update, suspend, discontinue, or otherwise modify the Site or the Marketplace Offerings at any time and for any reason without notice. You understand and agree that we are not liable for any loss, damage, or inconvenience resulting from your inability to access or use the Site or the Marketplace Offerings during periods of downtime or discontinuation. Nothing in these Terms of Use obligates us to maintain or support the Site or the Marketplace Offerings or to provide any corrections, updates, or releases in connection with them.

GOVERNING LAW

These Terms of Use and your usage of the Site and the Marketplace Offerings are governed by and interpreted in accordance with the laws of the province of Alberta, applicable to agreements formed and executed within the province of Alberta, without consideration of its conflicts of law principles.

DISPUTE RESOLUTION

INFORMAL NEGOTIATIONS

To expedite dispute resolution and control costs, both parties agree to make an initial effort to resolve any Dispute (excluding specific excluded Disputes outlined below) through informal negotiations for a minimum of thirty (30) days before resorting to arbitration. This informal negotiation period starts upon receipt of written notice by one party to the other.

BINDING ARBITRATION

If informal negotiations do not resolve the Dispute, it will be conclusively and exclusively settled through binding arbitration, except for excluded Disputes. This arbitration provision replaces your ability to sue in court or have a jury trial. The arbitration process will adhere to the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer-Related Disputes ("AAA Consumer Rules"), both available on the AAA website at www.adr.org. Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Consumer Rules and, where appropriate, limited by those rules. If the arbitrator determines these costs are excessive, we will cover all arbitration fees and expenses. Arbitration can occur in person, through document submission, over the phone, or online. The arbitrator's decision will be in writing, although a statement of reasons is not required unless either Party requests it. The arbitrator must abide by applicable law, and any award can be contested if the arbitrator fails to do so. Except as determined by the applicable AAA rules or law, arbitration will take place in Los Angeles, California. While the Parties can litigate to enforce arbitration, delay proceedings, or confirm, modify, vacate, or enter judgment based on the arbitrator's decision, the venue will remain within the jurisdiction stated above.

If a Dispute goes to court instead of arbitration, it will be heard in Los Angeles, California, and the Parties consent to, and waive defenses of lack of personal jurisdiction and inconvenient forum with respect to jurisdiction and venue in these courts. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) do not apply to these Terms of Use.

Disputes related to the Site must be initiated within one (1) year of the cause of action arising. Should this provision be deemed illegal or unenforceable, neither Party will arbitrate Disputes under this portion, and such Disputes will be resolved by a court with competent jurisdiction as described earlier.

RESTRICTIONS

The Parties agree that any arbitration is limited to individual Disputes. To the fullest extent permissible by law: (a) arbitration cannot be combined with other proceedings; (b) Disputes cannot be arbitrated on a class-action basis or use class-action procedures; and (c) Disputes cannot be brought as representative claims on behalf of the general public or other individuals.

EXCEPTIONS TO INFORMAL NEGOTIATIONS AND ARBITRATION

The Parties agree that specific Disputes are not subject to the above provisions on informal negotiations and binding arbitration. These include: (a) Disputes related to enforcing, protecting, or the validity of a Party's intellectual property rights; (b) Disputes arising from allegations of theft, piracy, privacy invasion, or unauthorized use; and (c) claims for injunctive relief. If this provision is determined to be unlawful or unenforceable, the Parties agree to submit to the personal jurisdiction of a competent court for Disputes not covered by arbitration.

CORRECTIONS

The Site may contain typographical errors, inaccuracies, or omissions related to the Marketplace Offerings, including descriptions, pricing, availability, and other details. We retain the right to correct such errors, inaccuracies, or omissions, and to change or update information on the Site without prior notice.

DISCLAIMER

THE SITE IS PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. YOUR USE OF THE SITE SERVICES IS SOLELY AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, PERTAINING TO THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE, AND WE ACCEPT NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES IN CONTENT OR MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY PERSONAL OR FINANCIAL INFORMATION STORED THEREIN, (4) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) BUGS, VIRUSES, TROJAN HORSES, OR SIMILAR MALICIOUS ELEMENTS TRANSMITTED THROUGH THE SITE BY THIRD PARTIES, AND/OR (6) ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS, OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF USING ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SITE. WE DO NOT ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY THIRD PARTIES THROUGH THE SITE OR THROUGH LINKS TO OTHER WEBSITES OR APPLICATIONS, NOR DO WE HAVE ANY LIABILITY OR INVOLVEMENT IN MONITORING TRANSACTIONS BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH PURCHASES MADE THROUGH ANY MEDIUM OR ENVIRONMENT, EXERCISE CAUTION AND USE YOUR BEST JUDGMENT.

LIMITATIONS OF LIABILITY

UNDER NO CIRCUMSTANCES WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, DIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, DATA LOSS, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN PROVINCIAL LAWS MAY NOT ALLOW THE LIMITATION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

INDEMNIFICATION

You agree to indemnify and hold us harmless, including our subsidiaries, affiliates, officers, agents, partners, and employees, from any loss, damage, liability, claim, or demand, including reasonable attorney's fees and expenses, made by a third party due to or arising from: (1) your Contributions; (2) your use of the Site; (3) your breach of these Terms of Use; (4) any breach of your representations and warranties set forth in these Terms of Use; (5) your violation of any third-party rights, including intellectual property rights; or (6) any harmful action towards other users of the Site with whom you interacted. While we reserve the right, at our expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, you agree to cooperate with our defense of these claims. We will make reasonable efforts to notify you of any such claim, action, or proceeding.

USER DATA

We will retain specific data you transmit to the Site for the purpose of managing Site performance, along with data concerning your Site usage. While we conduct regular routine data backups, you remain solely responsible for data transmission and activities undertaken using the Site. You agree that we bear no liability for any loss or corruption of this data and waive any right to take action against us for any such loss or corruption.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Your visit to the Site, communication via emails, and completion of online forms represent electronic communications. You consent to receive electronic communications, and acknowledge that all agreements, notices, disclosures, and other communications we provide to you electronically via email or the Site fulfill any legal requirement necessitating written communication. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AS WELL AS ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You waive any rights or requirements under statutes, regulations, rules, ordinances, or other laws in any jurisdiction that necessitate an original signature or delivery or retention of non-electronic records, or payments or credits using non-electronic methods.

MISCELLANEOUS

These Terms of Use, along with any policies or rules posted on the Site, constitute the entire agreement between you and us. Failure to enforce a right or provision of these Terms of Use will not be construed as a waiver of that right or provision. These Terms of Use will be interpreted to the maximum extent permitted by law. We may transfer rights and obligations to others at any time. We will not be responsible or liable for any delay, damage, loss, or inability to act caused by factors beyond our reasonable control. If any provision or part of a provision in these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part will be severed from these Terms of Use and will not affect the validity and enforceability of the remaining provisions. These Terms of Use do not establish a joint venture, partnership, employment, or agency relationship between you and us. You agree that these Terms of Use will not be interpreted against us due to our involvement in drafting them. You hereby waive any and all defenses based on the electronic form of these Terms of Use and the lack of signing by the parties hereto.

CONTACT US

To address a complaint about the Site or obtain further information regarding Site use, please contact us at info@swiftstart.com.

 

Mobile Terms of Service

SwiftStart

Last updated: June 27, 2024

The SwiftStart mobile message service (the "Service") is operated by SwiftStart (“SwiftStart”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to SwiftStart’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of SwiftStart through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. The service will include promotional messages such as promotions, specials, coupons, and other marketing offers; it will also include transactional messages such as order updates and account alerts.

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with SwiftStart. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to +18333911876 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other SwiftStart mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, text HELP to +18333911876 or email info@swiftstart.com.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.