Version 1.0; Updated 10.04.2019
This Service Agreement ("Agreement") is entered into by and between SwiftSku, Inc., an Alabama corporation ("SwiftSku") and the party or parties accepting this Agreement ("Customer"). This Agreement appearing at www.swiftsku.com (or such other URL or access as SwiftSku may provide) and as modified from time to time governs the rights and obligations of the Customer and of SwiftSku in connection with Customer’s subscription to and use of SwiftSku’s Services and/or the SwiftSku IQ Module and is effective as of the date Customer clicks "I accept the terms in the ServiceAgreement" (the "Effective Date").
BY CLICKING THE "I ACCEPT" BUTTON, COMPLETING THE REGISTRATION PROCESS,USING THE SERVICES, OR INSTALLING THE SWIFTSKU IQ MODULE CUSTOMERACKNOWLEDGES THAT IT HAS READ, UNDERSTANDS, HAS REVIEWED ANDACCEPTED THIS AGREEMENT AND AGREES TO BE BOUND BY ITS TERMS. THEPERSON ACCEPTING THE SERVICE AGREEMENT ON CUSTOMER’S BEHALFREPRESENTS AND WARRANTS THAT HE OR SHE IS NOT A MINOR OR INCOMPETENTAND EITHER IS THE CUSTOMER, OR IS CUSTOMER’S AUTHORIZED AGENT WITHAUTHORITY TO ACT ON BEHALF OF, AND BIND TO THIS AGREEMENT, THECUSTOMER. In consideration of the foregoing, the parties agree as follows:
These Terms set forth the legally binding terms and conditions that govern your use of the SwiftSku Website. In addition to these Terms, you may enter into other agreements with us or others with additional or other terms. If there is any contradiction between these Terms and another agreement you enter into applicable to specific aspects of the Services or other services offered or made available by SwiftSku, such other agreement shall take precedence in relation to the specific aspects of the Services to which such other agreement applies. You may not access or use the SwiftSku Website or accept the Terms if you are not at least 19 years old. If you do not agree with all of the provisions of these Terms, do not access and/or use the SwiftSku Website. Please note that these terms require arbitration OF INDIVIDUAL DISPUTES, DO NOT PERMIT JURY TRIALS OR CLASS ACTIONS, AND LIMIT REMEDIES OTHERWISE AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
You shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the SwiftSku Website, whether in whole or in part, or any content displayed on the SwiftSku Website; you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the SwiftSku Website; you shall not access the SwiftSku Website in order to build a similar or competitive website, product, or service; you may not use any automated means toaccess the SwiftSku Website or collect any information from the SwiftSku Website (including, without limitation, robots, spiders, scripts, or other automatic devices or programs); frame the SwiftSku Website in any manner, utilize framing techniques to enclose any content or other proprietary information, place pop-up windows over any SwiftSku Website pages, or otherwise affect the display of any pages on the SwiftSku Website; engage in the practices of “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining content or other information;use the SwiftSku Website in any manner that violates applicable law or that could alter, damage, disable, overburden, or impair the SwiftSku Website or interfere with any other party’s use and enjoyment of the SwiftSku Website; or access, use, or monitor our SwiftSku Website for benchmarking or any direct competitive purposes. and except as expressly permitted, no part of the SwiftSku Website may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. All copyright and other proprietary notices on the SwiftSku Website (or on any content displayed on the SwiftSku Website) must be retained on all copies thereof.
All the intellectual property rights, including copyrights, patents, trademarks, trade dress, domain names and trade secrets, in the SwiftSku Website and its content are owned by SwiftSku or Third Parties and may not be used, including as part of trademarks or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the owners. All content made available on or through the SwiftSku Website, whether uploaded, published, or displayed by us, except as provided in regarding Third Party Links, is the property of SwiftSku and may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the owner’s prior written permission. To the best of our knowledge, we use only content that we own or havepermission to use. Nothing in these Terms or in your access to the SwiftSku Website transfers or shall be construed as transferring any license, rights, title or interest in or to intellectual property rights, whether by estoppel, implication, or otherwise beyond the limited access rights expressly provided herein. SwiftSku and Third Parties reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information (“Submissions”), provided by you to us through the SwiftSku Website are nonconfidential and shall become the sole property of SwiftSku. SwiftSku shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment orcompensation to you. You are solely responsible for the information that you post on or through the SwiftSku Website and your conduct regarding the SwiftSku Website. By posting information to or through the SwiftSku Website, you agree to (a) provide accurate, current, and complete information; (b) maintain the security of your password and identification, to the extent you are provided a password and identification; (c) promptly notify us of any changes to information or circumstances
that could affect your eligibility to continue using the SwiftSku Website; and (d) be fully responsible for all use of your account and for any actions that take place using your Account.
License. Subject to these Terms, SwiftSku grants you a non-transferable, non-exclusive, revocable, limited license to use and access the SwiftSku Website.
The communications between you and SwiftSku use electronic means, whether through the SwiftSku Website, email, text or via other applications. You consent to receive communications from SwiftSku in an electronic form agree that all terms and conditions, agreements, notices, disclosures, and other communications that SwiftSku provides to you or consents or authorizations you provide to SwiftSku electronically shall satisfy any legal requirement that such communications would satisfy if in a hardcopy writing.
SwiftSku offers certain services in connection with the SwiftSku IQ Module (the “Services”). Please review the full terms and conditions applicable to the Services available at swiftsku.com/IQterms
THE SITE IS PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS. We reserve theright to modify, suspend, or discontinue the SwiftSku Website, any and all content within the SwiftSku Website, and any service offered through the SwiftSku Website at any time without notice. SwiftSku assumes no responsibility to you for, and shall not be liable to you or to any third party for, any modification, suspension, or discontinuation of the SwiftSku Website or any part therof. You acknowledge and agree that SwiftSku will have no obligation to provide you with any support or maintenance in connection with the SwiftSku Website. The SwiftSku Website may betemporarily unavailable from time to time for maintenance or other reasons. We may discontinue the SwiftSku Website or any goods or services available through the Services at any time and for any reason. We are not responsible for any problems or technical malfunction of any telephone or cable network or lines, servers or providers, computer equipment, software, failure of email, or technical problems or traffic congestion on the Internet or on or through the SwiftSku Website, including injury or damage to Users or to any other person’s devices related to or resulting from use of the SwiftSku Website. Under no circumstances will we be responsible for any loss or damage, including any loss or damage to any user data, financial damages, lost profits, loss of business, or personal injury or death, resulting from anyone’s use of the SwiftSku Website. YOU AGREE THAT YOUR USE OF THE SWIFTSKU WEBSITE IS AT YOUR OWN RISK, and that we EXPRESSLY DISCLAIM ALL WARRANTIES, TERMS AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, NONINFRINGEMENT OF THIRD PARTY RIGHTS AND SATISFACTORY QUALITY, TO THE EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. SWIFTSKU MAKES NO WARRANTY THAT THE SWIFTSKU WEBSITE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.
To the maximum extent permitted by law, you agree to indemnify and hold SwiftSku (and its affiliates, directors, contractors, partners, officers, employees, and agents) harmless from and against any loss, liability, claim, demand, damages, costs (including attorneys’ fees) and expenses arising out of (a) your use of the SwiftSku Website, (b) your violation of these Terms, (c) your violation of applicable laws or regulations, or (d) assertions or allegations by any third party involving the same.SwiftSku reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of SwiftSku. SwiftSku will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Subject to this Section, these Terms will remain in full force and effect throughout the duration of your usage of the SwiftSku Website. SwiftSku may terminate or disable your access to the SwiftSku Website (including your Account) at any time with or without cause, or for any reason in SwiftSku’s sole discretion, including a belief that you have violated or acted inconsistently with these Terms. Upon termination of your rights under these Terms, your Account and right to accessand use the SwiftSku Website will terminate immediately. SwiftSku will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your Account.