Effective Date: April 1, 2007.
IMPORTANT! PLEASE READ CAREFULLY. THIS IS A CONTRACT. BY USING THIS WEB SITE, YOU ACCEPT ALL TERMS AND CONDITIONS OF THIS AGREEMENT.
Swift Technologies, Inc. produces this Site. The content of this Site is protected under applicable copyright and trademark laws including without limitation United States federal laws.
You have permission to temporarily download one copy of the materials on the Site for transitory viewing only. Except as provided in the proceeding sentence, you are not allowed to use the site for any commercial purpose. This is the grant of a limited, revocable license, not a transfer of title, and under this license you may not: (1) modify or copy the materials, use the materials for any commercial purpose, except as provided above, or for any public display (commercial or noncommercial); (2) attempt to decompile or reverse engineer any software contained on the Site; (3) remove any copyright or other proprietary notations from the materials; (4) transfer the materials to another person; or (5) “mirror” the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions, and may be terminated by Swift Technologies, Inc. at any time, in its sole discretion. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
Because of the possibility of human and mechanical error as well as other factors, Swift Technologies, Inc. is not responsible for any errors in or omissions from the information contained in or accessed through this Site. Swift Technologies, Inc. shall not be liable for any damages or injury resulting from users’ access to or inability to access this Site or from reliance on any information at this Site.
Swift Technologies, Inc. does not represent or warrant that the Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. Swift Technologies, Inc. does not warrant or represent that the information available on or through the Site will be correct, accurate, timely, or otherwise reliable. Swift Technologies, Inc. may make improvements and/or changes to its features, functionality or content at any time.
ALL INFORMATION ON OR FROM THIS SITE IS PROVIDED “AS IS”, WITHOUT ANY WARRANTY OF ANY KIND.
SWIFT TECHNOLOGIES, INC. AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL EXPRESS, IMPLIED, STATUTORY OR OTHER WARRANTIES OF ANY KIND TO YOU OR ANY THIRD PARTY, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF ACCURACY, TIMELINESS, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE SITE AND ALL CONTENT THEREON. SWIFT TECHNOLOGIES, INC. AND ITS AFFILIATES DISCLAIM ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THIS SITE AND ITS CONTENT, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) ANY THIRD PARTY SITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THIS SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (C) THE UNAVAILABILITY OF THIS SITE OR ANY PORTION THEREOF, (D) YOUR USE OF THIS SITE, OR (E) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THIS SITE.
LIMITATION OF LIABILITY. SWIFT TECHNOLOGIES, INC. AND ITS AFFILIATES SHALL HAVE NO TORT, CONTRACT OR ANY OTHER LIABILITY TO YOU AND/OR ANY THIRD PARTY. SWIFT TECHNOLOGIES, INC. AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE SITE. SWIFT TECHNOLOGIES, INC. AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES, LOST PROFITS OR LOST OPPORTUNITY) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE OR ITS CONTENT EVEN IF SWIFT TECHNOLOGIES, INC.OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THIS LIMITATION ON LIABILITY IS PROHIBITED, SWIFT TECHNOLOGIES, INC. (‘S) AND/OR ITS AFFILIATES’ SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO USD $1.00.
Some U.S. states and foreign countries provide rights in addition to those above or do not allow the exclusion or limitation of implied warranties or liability for incidental or consequential damages. Therefore, the above limitations may not apply to you, or there may be state provisions that supersede the above. Any clause of this disclaimer declared invalid by the appropriate authority shall be deemed severable and shall not affect the validity or enforceability of the remainder of this disclaimer.
This Site may provide links or references on the Site to other Web sites. Swift Technologies, Inc. may or may not have a business or other relationship with the owners or operators of these sites, or these sites themselves. Swift Technologies, Inc. provides these links or references as a convenience only. Swift Technologies, Inc. is not responsible for the privacy practices or the content of linked or referenced sites. Any reference to a hypertext link obtained from this Site, or to a specific product, process, location or service, does not necessarily constitute or imply any ownership, sponsorship, endorsement arrangement or any other relationship between Swift Technologies, Inc. and anything found at any such linked site, including, but not limited to, any organization, product, process, service or other information. Furthermore, your linking to another site is entirely at your own risk. The views and opinions expressed in any referenced hypertext link do not necessarily state or reflect those of Swift Technologies, Inc. .
As with the Site itself, in no event shall Swift Technologies, Inc. , its parent, affiliates, divisions, and subsidiaries, and their respective officers, directors, employees, agents, representatives, information providers and licensors, and their respective heirs and assigns, be liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages from your clicking or following any links on the Site, even if informed of the possibility of such damages.
Except as expressly stated in our Privacy Notice, Swift Technologies, Inc. will have no obligations with respect to the Submitted Information. You may not transmit or post anything to this Site that is unlawful, threatening, pornographic, obscene, profane, hateful, racist, libelous, defamatory, or that would otherwise violate any law.
Under no circumstances, should you use our Site or any of the fax and mailing addresses on the Site to send Swift Technologies, Inc. confidential or proprietary information. Unless expressly agreed in a separate writing signed by an officer of Swift Technologies, Inc. Swift Technologies, Inc. does not want to receive confidential or proprietary information from you. All information and data you submit shall be deemed to be non-confidential and non-proprietary, and except as expressly set forth in our Privacy Notice. Swift Technologies, Inc. shall be free to disclose and use, without any obligations whatsoever towards you, for any purpose and through any means.
Certain sections of this Site may require you to register. If registration is requested, you agree to provide Swift Technologies, Inc. with accurate, complete registration information. It is your responsibility to inform Swift Technologies, Inc. of any changes to that information by accessing the registration portion of the Site. Unless otherwise indicated, each registration is for a single user only. While Swift Technologies, Inc. does not encourage any other person using the registered sections under your name, you alone are responsible for preventing such unauthorized use. If you believe there has been unauthorized use, you must notify Swift Technologies, Inc. immediately by emailing. Notwithstanding this provision, Swift Technologies, Inc. makes no representations or promises or warranties that it can or will be able to prevent any unauthorized use of your registration.
Except as expressly stated in our Privacy Notice, by uploading content to, or submitting any materials for use on the Site, including Submitted Information, you grant (or warrant that the owner of such rights has expressly granted) Swift Technologies, Inc. a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, sublicense, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe, for the full term of any copyright that may exist in such content and all copyright extensions. You also permit others to access, view, store or reproduce the content for their personal use. Subject to this grant, the owner of content placed on our Site retains any and all rights that may exist in such content.
Swift Technologies, Inc. may invite you to participate in online surveys, or give us personal information. Unless otherwise stated, participation is voluntary. See our Privacy Notice for additional information regarding our information collection and disclosure practices. From time to time, Swift Technologies, Inc. may provide coupons, or run sweepstakes, drawings or other promotions on the Site. These promotions are subject to additional terms and conditions that will be made available at the time of such provision or competitions. Web coupons are limited to one coupon per person, per visit except for occasional ‘no purchase required’ coupons, which are limited to one free item per household, per offer. Any attempt to redeem more than one coupon per offer constitutes fraud.
If you link to the Site, you must give Swift Technologies, Inc. prior Notice of such link by sending an e-mail, and you must agree to discontinue providing links to this Site if requested by Swift Technologies, Inc. . If you wish to provide links to a section within the Site, you should forward your request to Swift Technologies, Inc. Notwithstanding this, you may not provide links to a section within the Site without the prior express written permission signed by an officer of Swift Technologies, Inc. .
Swift Technologies, Inc. claims copyright in this Site to the fullest extent allowed by applicable law. The works of authorship contained in this Site and the domain company url address, including but not limited to all design, text and images are owned, except as otherwise expressly stated, by Swift Technologies, Inc. and may not be copied, reproduced, transmitted, displayed, performed, distributed, rented, sublicensed, altered, stored for subsequent use or otherwise used in whole or in part in any manner without Swift Technologies, Inc. (‘s) prior written consent, except to the extent that such use constitutes “fair use” under the Copyright Act of 1976 (17 U.S.C. Statute 107), as amended, and except for one temporary copy in a single computer’s memory and one unaltered permanent copy to be used by the viewer for personal and non-commercial use only, with an attached copy of this page containing this copyright Notice. Any unauthorized use of the materials appearing on this Site may violate copyright, trademark and other applicable laws, and could result in criminal or civil penalties.
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