SwiftSku, Inc.
SWIFTSKU Website Terms of Use
Version 1.1; Updated 3.17.2026
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.
I. Acceptance and Agreement to Terms of Use.
By accessing or using a SwiftSku website or application owned or maintained by SwiftSku, Inc. or its affiliates or subsidiaries (“SwiftSku”) and all associated pages and services, applications, and software therein (collectively, “SwiftSku Website”), you (the “User” or “you”) confirm that you have read, understand, and agree to be bound by these terms of use (“Terms”) (on behalf of yourself or the entity that you represent) and you represent and warrant that you have the right, authority, and capacity to enter into these Terms (on behalf of yourself or the entity that you represent) regardless of whether you do, have or will subscribe to the SwiftSku IQ services or other services offered by SwiftSku (the “Services”). Please read these Terms carefully and print or save a copy for your records.
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 eighteen (18) 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.
II. Changes to these Terms of Use.
By accessing the SwiftSku Website, you acknowledge that we have the right to revise and amend these Terms without prior notice. We may notify you of any changes to these Terms; however, please be sure to refer back to the Terms regularly. Any changes to these Terms will be effective after thirty (30) calendar days following our posting of notice of the changes on the SwiftSku Website. These changes will be effective immediately for new users of the SwiftSku Website. Continued use of the SwiftSku Website following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
III. SwiftSku Website Use Restrictions.
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 to access 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.
IV. User Representations.
Parts of the SwiftSku Website may be accessed only by registering for an account, providing information as prompted by the account registration form, and creating a password. Keep your password secure. You are responsible for maintaining the confidentiality of your account login information and are fully responsible for all activities that occur under your account. You represent, warrant, and agree that all required registration information you submit is truthful and accurate; you will maintain the accuracy of such information; no materials of any kind submitted through your account or otherwise posted or shared by you through the SwiftSku Website will violate or infringe upon the rights of any third party, including, without limitation, any copyright, trademark, patent, privacy, publicity, or other personal or intellectual property rights; or contain libelous, defamatory, or otherwise unlawful material. You will notify us promptly if you discover any unauthorized use or suspected unauthorized use of your account or any other breach of security. SwiftSku is not responsible and will not be liable for any loss or damage arising from unauthorized use of your account or your failure to comply with these requirements.
In addition, you agree not to use the SwiftSku Website to, except where authorized by us, register for more than one User account, or register or operate a User account on behalf of or for the benefit of any person who is not eligible to register for or operate a User account in their own name; impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age, or your affiliation with or authority to act on behalf of any person or entity; upload, post, transmit, share, store, or otherwise make publicly available through the SwiftSku Website any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, and credit card numbers, unless expressly authorized to do so by that third party; upload, post, transmit, share, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of the SwiftSku Website; or use or attempt to use another’s account without authorization from that person, or create a false identity through the SwiftSku Website.
V. Ownership; Information Posted Through the SwiftSku Website; License.
A.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 may be provided in 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 have permission 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 non-confidential 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 or compensation 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.
B.License. Subject to these Terms, SwiftSku grants you a non-transferable, non-exclusive, revocable, limited license to use and access the SwiftSku Website.
VI. Electronic Communications.
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 and 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.
VII. SwiftSku IQ Module.
SwiftSku offers certain software‑enabled services, features, and integrations in connection with the SwiftSku IQ Module as part of the Services. The Services may include data analytics, operational tools, integrations, and related functionality made available through SwiftSku’s platforms from time to time. Your access to and use of the Services may be subject to additional terms and conditions, which are set forth in the SwiftSku IQ Service Agreement (“Product Terms of Use”), available at www.swiftsku.com/product-terms-of-use, and which apply in addition to these Terms.
VIII. SwiftMart Marketplace.
As part of the Services, SwiftSku may make available a technology‑enabled marketplace offering branded as SwiftMart. SwiftMart is a software‑based platform and integration layer that enables users of SwiftSku services to publish product or service information and to transmit order‑related data through integrations with independent third parties. SwiftMart is provided as a platform offering only, and SwiftSku’s role with respect to SwiftMart is limited to providing software, platform access, and related technical integrations. Additional terms governing SwiftMart and related marketplace functionality are set forth in the SwiftSku IQ Service Agreement (Product Terms of Use), available at www.swiftsku.com/product-terms-of-use, which apply to your use of SwiftMart and form part of the overall Services provided by SwiftSku.
IX. Swiftsupply wholesale marketplace.
As part of the Services, SwiftSku may make available a technology-enabled wholesale marketplace offering branded as SwiftSupply. SwiftSupply is a software-based platform and integration layer that enables users of SwiftSku services to browse and purchase products from third-party brands, distributors, and other suppliers through the SwiftSku platform. SwiftSupply is provided as a platform offering only, and SwiftSku’s role with respect to SwiftSupply is limited to providing software, platform access, payment facilitation, and related technical integrations. SwiftSku is not a seller, distributor, or reseller of products offered through SwiftSupply and is not a party to any transaction between a customer and a supplier. SwiftSku does not manufacture, sell, or supply any products offered through SwiftSupply. Additional terms governing SwiftSupply and related wholesale marketplace functionality are set forth in the SwiftSku IQ Service Agreement (Product Terms of Use), available at www.swiftsku.com/product-terms-of-use, which apply to your use of SwiftSupply and form part of the Services provided by SwiftSku.
X. Platform Role; User Responsibility.
A.Payments and Third‑Party Processors. You acknowledge and agree that SwiftSku is not a bank or payment institution and does not provide banking or financial services. To the extent payment-enabled features are made available through the Services, including in connection with SwiftMart or other marketplace‑enabled functionality, any payment processing, fund transfers, or settlement services are provided by independent third‑party payment processors or financial service providers. SwiftSku does not itself process payments and does not control the performance, availability, or security of third‑party payment systems. Your use of any payment‑enabled features may be subject to additional terms, conditions, or policies imposed by applicable third‑party payment processors, and SwiftSku disclaims all responsibility and liability for payment processing services provided by such third parties.
B.Marketplace Activity. You acknowledge and agree that SwiftSku’s role with respect to any marketplace or marketplace‑enabled features made available through the Services, including SwiftMart, is limited to providing software, platform access, and related technical integrations. SwiftSku does not manufacture, sell, resell, distribute, warrant, or guarantee any products or services offered by you or by third parties through or in connection with such marketplace features. You are solely responsible for the products or services you offer, the accuracy of any information you provide, and all transactions, interactions, and obligations arising between you and any third party. SwiftSku does not control and disclaims all responsibility for product quality, safety, legality, pricing, fulfillment, delivery, refunds, customer service, or other matters arising from marketplace activity.
XI. Third Party Links; TRANSLATIONS; Other Users; Release.
A.Third-Party Links. The SwiftSku Website may contain links to third-party websites, services, information, and/or display advertisements for third parties (collectively, “Third-Party Links”). Third‑party services or platforms may also be accessed through integrations or features made available via the SwiftSku Website or Services. Any access to or use of Third‑Party Links or third‑party services, whether through links, integrations, or other features, is provided for your information and convenience only. We have no control over the contents of those sites or resources. SwiftSku does not review, approve, endorse, or make any promises with respect to Third-Party Links. You use all Third-Party Links at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links, the applicable third party’s terms and policies apply, not these Terms.
B.Translation. In the event of an error, ambiguity or discrepancy, these Terms as originally provided in the English language shall be determinative and binding. Any translations rendered by SwiftSku of the Terms are provided solely as an accommodation to User, and SwiftSku disclaims all liability for any errors, ambiguities or discrepancies in translation. Either party may translate such materials into any other language. All translations will be at the sole cost and expense of the translating party. Ownership of any translated materials shall vest in the party who owned the materials from which the translation was made, and all copyrights in any such translated materials will be assigned by the translating party to the owning party or its designee upon the owning party’s request. The translating party will obtain any necessary agreement with any translator that such translation will be the sole property of the owning party or its designee.
C.Other Users. Your interactions with other SwiftSku Website users are solely between you and such users. You agree that SwiftSku will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any SwiftSku Website user, we are under no obligation to become involved.
D.Release. You hereby release and forever discharge SwiftSku (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the SwiftSku Website (including any interactions with, or act or omission of, other SwiftSku Website users or any Third-Party Links).
XII. PRIVACY NOTICE.
A.Scope and Purpose. This Section XII (“Privacy Notice”) describes how SwiftSku collects, uses and shares personal information in connection with the SwiftSku Website and the Services. This Privacy Notice applies to any personal information contained in any file or communication provided to or collected by SwiftSku, whether through the SwiftSku Website, your use of the SwiftSku Website, or your use of tools which may be incorporated in SwiftSku applications or Services downloaded or installed separately which have not posted privacy notices. Additional information regarding SwiftSku’s privacy practices is set forth in SwiftSku’s Privacy Policy, available at www.swiftsku.com/privacy-policy (or such other URL as SwiftSku may designate), which is incorporated into these Terms by reference.
B.Information SwiftSku May Collect and Process. SwiftSku may collect and process personal information including the following:
1.Identity Data. You may give us information about you by filling in forms on the SwiftSku Website, by corresponding with SwiftSku (for example, via online forums or by email or chat). This may occur when you download or upload from or to SwiftSku or install or use tools incorporated in SwiftSku applications or Services.
2.Technical Data. SwiftSku automatically logs information about you and your computer, which may include computer operating system type, browser type, browser language, websites and pages you visit and view, viewing duration, access times, location and time zone, model numbers, serial numbers, device names and identification numbers, and information on software and connected devices, and information about your use and actions on the SwiftSku Website, as well as performance of any SwiftSku Services and your use thereof.
3.Records Data. If you contact SwiftSku, SwiftSku may keep a record of any communications.
4.Third Party Data. SwiftSku may get information about you from other sources, including, but not limited to, connection information (such as IP addresses), web technologies (such as cookies, web beacons, or log data), mobile devices (such as device identifiers), service providers (such as web hosting services), analytics providers (such as google), and third-party applications (such as email or chat tools) and, in connection with purchases or subscriptions from SwiftSku, information regarding your creditworthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living.
5.Cookies. SwiftSku may log information using “cookies”. Cookies are small data files stored on your hard drive by a website. SwiftSku may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience on the SwiftSku Website. Cookies allow web applications to respond to your individual preferences and can be used to tailor operations to your needs, likes and dislikes by gathering and remembering information about your preferences. SwiftSku may also use traffic log cookies to identify which pages are being used on the SwiftSku Website for statistical analysis concerning web page traffic to improve the SwiftSku Website. While most browsers automatically accept cookies, you may be able to modify your browser setting to decline cookies. However, declining or disabling cookies may prevent you from taking full advantage of the SwiftSku Website.
C.Aggregated Data. SwiftSku may also collect, use and share aggregated data such as statistical or demographic data for any purpose. Aggregated data may be derived from your personal information but is not considered personal information as this data does not directly or indirectly reveal your identity. For example, we may aggregate your usage data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect aggregated data with your personal information so that it can directly or indirectly identify you, we treat the combined data as personal information which will be used in accordance with this notice.
D.Use of Information. As permitted by law, SwiftSku may use your information as follows:
1.To operate, maintain and improve the SwiftSku Website, products and services;
2.To perform an agreement with you or for SwiftSku’s legitimate interests;
3.To respond to comments and questions and provide customer service;
4.To send information including confirmations, invoices, technical notices, updates, security alerts and support and administrative messages;
5.To send promotional communications regarding products, services, offers, events, and other news about products and services offered by us and Third Parties;
6.To reconstruct hardware configurations or replicate situations in order to resolve problems, or to improve or otherwise modify our products and services;
7.To link or combine user information with other personal information;
8.To protect, investigate and deter against fraudulent, unauthorized or illegal activity; and,
9.To provide and deliver products and services upon customer or user requests.
SwiftSku will only use your personal information for the purposes for which SwiftSku collected it, unless SwiftSku reasonably considers that SwiftSku needs to use it for another reason and that reason is compatible with the original purpose. SwiftSku reserves the right to use your personal data for unrelated purposes with notice to you. Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
E.Sharing and Disclosure of Information. SwiftSku may share or disclose information it collects or you provide to SwiftSku to any and all vendors, processors, suppliers, partners, agents, affiliates, contractors or subcontractors of SwiftSku, or any other entities or third parties which SwiftSku in its absolute discretion deems necessary or convenient to the security, efficiency, effectiveness, maintenance, delivery, development or deployment of the System or Services (“Third Parties”). SwiftSku will not sell, distribute or lease your information to other parties which are not Third Parties as defined here unless (a) SwiftSku has your consent to do so, as where you permit SwiftSku to share information with others for marketing as subject to their privacy policies, (b) SwiftSku or substantially all of its assets are acquired by a third party, whether by merger, financing, acquisition, or bankruptcy transaction or proceeding, in which case data held by SwiftSku about its customers and Users will be transferred to the acquiring party; (c) to protect the rights and property of SwiftSku or Third Parties, including enforcement of agreements, policies and terms of use; (d) SwiftSku is under a duty to disclose or share your information in order to comply with a legal or regulatory obligations, requests or processes; or, (e) in an emergency to protect the safety of our employees and agents, customers, or any person. SwiftSku may also share aggregated and/or anonymized data with others for their own uses.
F.Retention and Destruction of Information. SwiftSku retains and deletes personal information in accordance with its data retention and destruction practices and applicable law. A summary of SwiftSku’s Data Retention and Destruction Policy is available at www.swiftsku.com/data-retention-policy (or such other URL as SwiftSku may designate), and is incorporated into these Terms by reference. Nothing in this Privacy Notice or these Terms requires SwiftSku to retain information for any specific period beyond what is set forth in such policy or required by law. In some circumstances we may anonymize your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
G.Links to Other Websites. Our web site may contain links to other web sites not operated by SwiftSku. Such sites are not governed by this notice and SwiftSku is not responsible for the protection and privacy of any information which you provide in visiting such sites.
H.Your Legal Rights; Information Choices and Changes. Under certain circumstances, you may have rights under the law related to information SwiftSku collects from you or that you provided to SwiftSku. Such rights may include rights to request corrections or updates to such information, or withdraw your consent or authorization for processing or sharing such information (although we may still process it where we have an independent basis for doing so). You may opt-out of SwiftSku marketing emails, but SwiftSku may still send non-marketing emails such as emails about your accounts and business dealings with SwiftSku. These rights can be exercised by contacting us at the address provided below.
Contact Information:
SwiftSku, Inc.
Attn: Legal
5432 Geary Blvd, Unit #726
San Francisco, CA 94121
United States
Email: legal@swiftsku.com
SwiftSku reserves the right to charge a reasonable fee if your request is unfounded, unreasonable, repetitive or excessive; alternatively, SwiftSku may refuse to comply with your request in such circumstances. SwiftSku may need to request specific information from you to confirm your identity, ensure the exercise of any rights you may have, or to facilitate a response to your request. While most browsers automatically accept cookies, you may be able to modify your browser setting to decline cookies. However, declining or disabling cookies may prevent you from taking full advantage of the SwiftSku Website.
I.Changes to This Privacy Notice. SwiftSku may change this Privacy Notice from time to time by updating this page and its version/update information. Any changes SwiftSku makes to this notice will be posted on this page.
XIII.DISCLAIMERS.
THE SWIFTSKU WEBSITE IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS. We reserve the right 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 thereof. 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 be temporarily unavailable from time to time for maintenance or other reasons. We may discontinue the SwiftSku Website or any goods or services available through the SwiftSku Website 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.
XIV.Limitation on Liability.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SWIFTSKU BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SWIFTSKU WEBSITE, EVEN IF SWIFTSKU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SWIFTSKU WEBSITE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SWIFTSKU WEBSITE, (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY U.S. DOLLARS (U.S. $50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT. YOU ACKNOWLEDGE THAT YOU SHALL NOT BE ENTITLED TO ANY OTHER DAMAGES, REGARDLESS OF THE CAUSE OF ACTION. NOTHING IN THESE TERMS SHALL LIMIT OUR LIABILITY IN THE INSTANCE THAT SUCH LIABILITY CANNOT BE EXCLUDED BY APPLICABLE LAW.
XV.DISPUTE RESOLUTION; LAW AND JURISDICTION; ARBITRATION.
A.Arbitration Agreement; Mandatory Binding Arbitration. These Terms and all claims arising out of or related to these Terms or the SwiftSku Website excluding claims for injunctive relief shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to User, its authorized users, and SwiftSku, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.
B.Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief to SwiftSku at the physical address provided herein. After the Notice is received, User and SwiftSku may attempt to resolve the claim or dispute informally. If User and SwiftSku do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
C.Governing Law and Jurisdiction. Arbitration will be governed solely by federal arbitration law, the Federal Arbitration Act, and/or the laws of the State of Alabama without regard to conflict of laws provisions or the 1980 United Nations Convention on Contracts for the International Sale of Goods. The parties agree that any dispute arising under these Terms shall be determined and settled by arbitration in Birmingham, Alabama in accordance with the Commercial rules of the American Arbitration Association (“AAA”). With respect to any claim or dispute arising out of or related to these Terms, each party hereby waives any right it may have to (a) litigate in court, (b) receive a jury trial and (c) to participate in any class or collective action (whether in litigation or arbitration) against the other party. Any award rendered by the arbitrator will be final and binding on the parties and judgement thereon may be entered in any court of competent jurisdiction. Nothing in this Section XV shall prevent either party from applying to a court of competent jurisdiction for equitable or injunctive relief. Arbitration will be conducted by one arbitrator that the parties mutually agree upon, or, if the parties are unable to agree on a single arbitrator, three arbitrators consisting of one arbitrator chosen by each party and a third chosen by the two arbitrators selected by the parties. Each party shall bear its own costs with respect to any arbitration.
D.Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between User and SwiftSku in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, USER AND SWIFTSKU WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
E.Class Action Waiver. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE USER OR USERS CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER USER OR USERS.
XVI.Indemnification.
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 or the Services, including any services, features, or functionality you may receive, request, offer, or provide through the Website, such as SwiftMart or other marketplace‑enabled features, (b) your violation of these Terms, (c) your violation of applicable laws or regulations in connection with your use of the Website or Services, including any marketplace or payment‑enabled activity, or (d) any issues, claims, disputes, chargebacks, errors, failures, or liabilities arising from or related to the acts or omissions of third‑party service providers, including payment processors, financial institutions, or other third parties used by SwiftSku to facilitate the Services or SwiftMart, to the extent attributable to your use of or participation in such Services or features, (e) 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.
XVII.Term and Termination.
Subject to this Section XVII, 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 access and 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.
XVIII.General.
A.Export. The SwiftSku Website may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from SwiftSku, or any products utilizing such data, in violation of the United States export laws or regulations.
B.Entire Terms. These Terms constitute the entire agreement between you and us regarding the use of the SwiftSku Website. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to SwiftSku is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without SwiftSku’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. SwiftSku may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.
C.Contact. Written notice to SwiftSku, including questions, comments, and requests regarding the Privacy Notice, may be provided at the contact information set forth in Section XII.H.
D.Survival. The following Sections survive the termination of these Terms, including any other provisions hereof that survive in accordance with their terms: Section VI (Electronic Communications); Section V (Ownership; Information Posted Through The Swiftsku Website; License); Section XI (Third Party Links; Translations; Other Users; Release); Section XIII (Disclaimers); Section XIV (Limitation of Liability); Section XV (Dispute Resolution; Law and Jurisdiction; Arbitration); and Section XVI (Indemnification).
E.Product Terms Control. If you access or use any Services, your access to and use of those Services is governed by the Product Terms of Use. To the extent there is any conflict between these Terms and the Product Terms of Use, the Product Terms of Use will control with respect to the Services.
