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These Terms of Use (the “Agreement”) describe the terms and conditions applicable to your use of Expedited Project Services LLC d/b/a SwiftResets and SwiftResets.com (the “Site”), SwiftResets application (“App’s”), (collectively, the “Services”). The Site and App’s are owned and operated by SwiftResets, (collectively “SwiftResets”).
In this Agreement, we refer to ourselves as “SwiftResets” or “SwiftResets” or “us” or “we”; we refer to you as “you” or “your” or “User” SwiftResets and User are referred to in this Agreement individually as a “Party” and collectively as the “Parties.”
By accessing or using the Services, including access to the Site, you intend and expressly agree to be bound by all the terms and conditions of this Agreement and the SwiftResets Privacy Policy (available at SwiftResets.com/privacy-policy) (“Privacy Policy”), which is incorporated by reference.
Your use of this App constitutes your agreement and acceptance without modification of the notices, terms and conditions set forth herein.
If you do not agree and accept without modification this Agreement, do not use this App.
Users must be at least 18 years of age to access the Services. Individuals under the age of 18 are strictly prohibited from using the Services or submitting any personal information. Technical measures are in place to prevent account creation or service usage by those under 18. Should it come to our attention that a minor has provided personal information, we will conduct an investigation and, where appropriate, remove such data and delete the associated account.
By using the Services, you represent and warrant that you have determined your eligibility to use the Services within your jurisdiction, that you will comply with all applicable laws, regulations, and these SwiftResets Terms, and that all information provided by you in connection with accessing or using the Services is, to the best of your knowledge, true, accurate, and complete.
SwiftResets grants you a limited license to access the Site subject to this Agreement. If you choose to subscribe to and use the App’s, SwiftResets further grants you a license to access and use the Services, subject to and conditioned upon your compliance with this Agreement, the Privacy Policy, and any other rules and requirements communicated to you by SwiftResets, including your payment of any applicable fees. You acknowledge and agree that SwiftResets may modify, update, and otherwise change the Services at any time and in its sole discretion.
You represent and warrant that you are at least 18 years of age and have the legal authority to accept this Agreement on your behalf or on behalf of any party you represent. You alone are responsible for your activities and interaction with the Services.
You shall not use the Services for any purposes beyond the scope of the access granted in this Agreement. You shall not at any time, directly or indirectly, and shall not permit any third party to: (i) copy, modify, or create derivative works of the Services, in whole or in part; (ii) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any App’s component of the Services, in whole or in part; (iii) use the Services in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person (including but not limited to data scraping or web scraping), or that otherwise violates any law, regulation, or other legal requirement; (iv) use the Services to introduce, execute, or attempt to execute malicious code, including but not limited to viruses, worms, Trojan horses, or any other harmful software; (v) engage in activities that exploit or attempt to exploit the Services through security vulnerabilities, including but not limited to injection attacks (e.g., SQL injection, command injection, script injection), buffer overflows, or session hijacking; (vi) attempt to probe, scan, or test the vulnerability of any SwiftResets system or network or to breach security or authentication measures without express authorization; (vii) use automated systems or software (including bots, scrapers, or crawlers) to access the Services in a manner that sends more request messages to SwiftResets servers than a human can reasonably produce in the same period, unless expressly permitted by SwiftResets.
Except for the limited license to access the Site and App’s identified above, you acknowledge that nothing contained in this Agreement shall be construed as granting or conferring, by implication, estoppel, or otherwise, any right, title, or interest to any intellectual property, including any (i) inventions (whether patentable or not in any country), patents, patent applications, invention disclosures, improvements, trade secrets, proprietary information, know how, information, or technical data; (ii) copyright protected works, copyright registrations, mask works, mask work registrations, or applications in the United States or any foreign country; (iii) trademarks, trademark registrations, service marks, logos, or applications therefor in the United States or any foreign country; (iv) trade secrets; or (v) any other tangible or intangible proprietary rights anywhere in the world.
You acknowledge and agree that at times the Services may be inaccessible or inoperable for any reason whatsoever, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which SwiftResets may undertake from time to time without notice to you; or (iii) causes which are beyond the control of SwiftResets or which are not reasonably foreseeable.
Notwithstanding anything to the contrary in this Agreement, SwiftResets may temporarily suspend or terminate access to the Services provided to you and any other third-party for security purposes, to prevent illegal or fraudulent activity, to comply with the requests of any legal agency or government entity, or if you violate this Agreement or the Privacy Policy.
SwiftResets may from time to time and in its sole discretion engage other service providers to assist in the performance of the Services, such as web hosting providers, payment processors, and other third-parties. You shall abide by the terms of use and other requirements associated with the services provided by such third-parties in connection with the Services.
You acknowledge that you are solely responsible and liable for your use of the Services, directly or indirectly, including understanding whether such access or use is permitted by or in violation of this Agreement. You are further solely responsible for compliance with all applicable laws relating to your use of the Services. You shall further use the Services solely for lawful purposes, and shall conduct all business through the Services in accordance with all applicable laws and regulations, including but not limited to all applicable federal and state laws and regulations governing the offer and sale of securities, money laundering, and counter-terrorism.
You alone are responsible for ensuring and maintaining that you are able to access and use the Services, including by securing your own compatible hardware, App’s, internet access, security App’s, backup devices or services, and any other requirements. SwiftResets shall have no responsibility to provide any additional App’s or hardware. You further agree that SwiftResets shall have no responsibility for any data loss or other damage or loss suffered in connection with your use of the Services, including any failure to provide adequate security or backup devices or services.
You are responsible for ensuring SwiftResets has accurate and current information for your User account, including current contact and payment information. You are further responsible for regularly reviewing the associated User email account for any communications from SwiftResets.
If you are provided with a username, password, credentials file, or any other piece of information as part of any security procedure (“Credentials”), you must treat such information as confidential, and must not disclose Credentials to any other person or entity. You acknowledge that your account and Credentials are personal to you, and further agree not to provide any other person with access to the Services or portions of the Services using your username, password, or other security information. You shall notify SwiftResets immediately of any unauthorized access to or use of your Credentials or any other breach of security. SwiftResets has the right to disable any username, password, credentials file, or other identifier at any time, whether chosen by you or provided by SwiftResets.
SwiftResets shall make commercially reasonable efforts to provide adequate support services for the Services. Notwithstanding the foregoing, this Agreement does not entitle you to any guaranteed level, availability, or turnaround time of support services for the Services.
You may need to register for a SwiftResets account to access or use the Services. When you create an account for our Services, you agree to provide us with accurate and complete information as part of the registration process and keep that information up to date.
You agree to create only one account for your own personal use and not share your account with others. You are responsible for maintaining the confidentiality of the password associated with your account. You accept responsibility for all activities that occur under your account.
Please notify our support team of any actual or suspected loss, theft, or unauthorized use of your account or account password via email at support@SwiftResets.com.
You can delete your account at any time. If you delete your account, it is not recoverable.
We may provide updates (including automatic updates) for the Services, which may include upgrades, changes, modifications, bug fixes, patches and other error corrections and/or new features (collectively, “Updates”). Certain portions of our Services may not properly operate if you do not install all Updates. The SwiftResets Terms will apply to any and all Updates. We have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality of any Service. No specified update or refresh date should be taken to indicate that all information in the Services or on any related website has been modified or updated.
We may change the Services at any time, including (a) terminating, eliminating, supplementing, modifying, adding, or discontinuing any Content (defined below), feature, data, or service on or available through the Services; (b) changing the software or other equipment required to use and access the Services; and (c) changing prices for the Services, if applicable. We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services, or any items available on the Services.
We may also impose limits on certain Services or restrict your access to part or all of the Services without notice or liability. Not all Services are available in all geographic areas or jurisdictions. If certain aspects of our Services or features are dependent on third parties (e.g., grocery integrations), you understand that such third parties may discontinue their provision of services to us at any point and as a result, we may no longer be able to provide you with such features. We are not responsible for any action or inaction by such third parties or any resultant impact to our Services.
SwiftResets reserves the right to update the SwiftResets Terms at any time and for any reason in its sole discretion. We will notify you in advance of any material changes to the SwiftResets Terms. By continuing to access or use the Services after we have provided you with notice of a modification, you are agreeing to be bound by the modified SwiftResets Terms. If the modified SwiftResets Terms are not acceptable to you, please stop using the Services and delete your account.
“Content” is all content and materials made available through the Services, including without limitation, images, designs, graphics, text, information, data, nutritional information, lists, recipes, meal plans, software, scripts, and other files, and their selection and arrangement.
We make no representations or warranties as to the accuracy, reliability, completeness or timeliness of any Content available through the Services, and we make no commitment to update such Content.
In addition, User-Generated Content, including advice, statements, or other information, including, without limitation, food, nutrition, dietary guidance, exercise or training guidance, athletic activities, and exercise database entries, are not produced by SwiftResets, and should not be relied on. User-Generated Content, whether publicly posted or privately transmitted, is the sole responsibility of the user from whom such User- Generated Content originated.
User-Generated Content” means any Content that you make available in connection with the Services, whether privately or publicly posted. “SwiftResets Content” means all Content that is not User-Generated Content.
By submitting any content to SwiftResets (including photos and/or videos), via this App or otherwise, you represent and warrant that: (i) you are the sole author and owner of the intellectual property rights thereto; (ii) all “moral rights” that you may have in such content have been voluntarily waived by you; and (iii) use of the content you supply does not violate this Agreement and will not cause injury to any person or entity.
You further agree and warrant that you shall not submit any content: (i) that is known by you to be false, inaccurate or misleading; (ii) that infringes any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;(iii) that violates Laws (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (iv) that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation; (v) for which you were compensated or granted any consideration by any third party; or (vi) that contains any computer viruses, worms or other potentially damaging computer programs or files.
You agree to indemnify and hold SwiftResets (and its officers, directors, agents, joint ventures, employees and third-party service providers), harmless from all claims, demands, and damages of every kind and nature, known and unknown including reasonable attorneys’ fees, arising out of your breach of this Agreement, or your violation of Laws or the rights of a third party.
For any content that you submit, you grant SwiftResets and its authorized third-party service providers a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from, sell and/or distribute such content, incorporate such content into any form, medium or technology, or use such content as training data for AI features or tools, throughout the world without compensation to you.
All content (including photos and/or videos and all data contained or appended thereto) that you submit may be used and shared with authorized third-parties at SwiftResets’s sole discretion. SwiftResets reserves the right to change, condense or delete any content on this App that SwiftResets deems, in its sole discretion, to violate this Agreement. SwiftResets does not guarantee that you will have any recourse through SwiftResets to edit or delete any content you have submitted. You acknowledge that you, not SwiftResets, are responsible for the contents of your submission. None of the content that you submit shall be subject to any obligation of confidence on the part of SwiftResets, its agents, subsidiaries, affiliates, partners or third-party service providers and their respective directors, officers and employees.
SwiftResets may collect and process information regarding your usage of the Services. You consent to the collection and use of such information by SwiftResets, as well as the sharing of such information with third-party service providers for purposes of providing,
marketing, and improving the Services, and any other reason described in the Privacy Policy. All personal information collected by SwiftResets is treated in accordance with the Privacy Policy found on our Site.
By agreeing to the terms and conditions in this Agreement and providing your contact information to SwiftResets, you give your express consent to allow SwiftResets, its affiliates, and agents to contact you from time to time at any mailing address, phone number, or email address you provide to SwiftResets. Your consent means you agree to be contacted by SwiftResets and its service providers via phone, email, text message, or other means for any purpose, including but not limited to notifications related to the Services and your account, subscriptions, purchases, available upgrades, billing and payment processing issues, and telemarketing communications. Such authorized communications may include use of automated dialing technology or the use of pre-recorded messages. You are responsible for any charges that may be billed to you by your service provider(s) when we contact you. You further acknowledge that your consent to the foregoing is not a condition of using our App’s and Services, and if you do not wish to consent, you may contact us and request to be placed on a do not contact list, or you may opt out any time using the opt-out mechanism provided in any such communications.
SwiftResets disclaims all liability under this Agreement for any information you provide to SwiftResets that may constitute electronic patient health records or similar information supplied by you or an end user, notwithstanding anything to the contrary in this Agreement or as otherwise required by any applicable federal, state, or international laws, rules, or regulations.
SwiftResets responds to notices of alleged copyright infringement pursuant to the requirements of the DMCA. If you believe that any content on this App infringes your copyrights, you may request removal of such content by sending:
A letter to our Designated DMCA Agent at Designated DMCA Agent, 1670 So. 5500 West, Ste 500, SLC, UT 84104; or an email to DMCA@SwiftResets.com.
These addresses should be used only to report allegations of copyright infringement. Contact information for other matters is provided elsewhere on this App.
Your notice must satisfy the requirements of the DMCA and include the following information: (i) your name, mailing address, and email address; (ii) a statement identifying the copyrighted material you claim is infringed, such as a URL linking to an authorized version of the copyrighted material; (iii) a statement identifying where the allegedly infringing material is located, such as URL linking to the allegedly infringing material; (iv) a statement that you have a good faith belief that the allegedly infringing material identified in section (ii), above, is not authorized by the copyright owner, its agent, or Laws; (v) a statement, made under penalty of perjury, that the information in this notice is accurate and that you are the owner of the copyrighted material or are authorized to act on behalf of the owner of the copyrighted material; and (vi) an electronic or physical signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
SwiftResets reserves the right to disregard a notice that is unclear or otherwise fails to comply with the DMCA. In the event that SwiftResets determines that a DMCA notice lacks validity, SwiftResets may refuse to remove the complained-of content at its discretion. Election by SwiftResets to either remove or leave the complained-of content does not constitute a legal decision about the validity of your claim of infringement or the possible defenses to a claim.
SwiftResets, App’s features and Services, and our underlying technology are protected by copyright, trademark, patent, intellectual property, and other laws of the United States and foreign countries. All rights reserved. You are not granted, by implication or otherwise, any license or right to use any marks appearing on, or used or displayed in connection with, the Services (“Trademarks”). The Services may also contain or refer to third-party trademarks, trade names, product names, and logos that may be registered trademarks of their respective owners. Under no circumstances may you use or copy any of the Trademarks. Nothing herein should be construed as granting any license or right to use any Trademarks displayed in connection with the Services without express written permission from SwiftResets.
All content provided in association with the Services and this Agreement, including, but not limited to, the Site, the Product, the App’s, all text, graphics, user interfaces, visual interfaces, photographs, images/video, electronic art, sounds/audio, data, communications programs, executable code, computer code, and data (collectively, “Content”) formatted, organized, and collected in a variety of forms, including design, structure, selection, coordination, expression, “look and feel,” arrangement, layouts, pages, screens, and databases of such Content, contained in the Content, Services, and underlying technology, and any and all other copyright-protected work associated with the Services (“Copyrighted Works”), are exclusively owned, controlled, or licensed by or to SwiftResets and are protected by U.S. and international copyright laws. You agree you will not directly or indirectly copy, reproduce, modify, create derivative works from, distribute, or publicly display the Copyrighted Works without the prior express written permission of SwiftResets.
If you provide any communications or materials to SwiftResets by mail, email, telephone, or otherwise, suggesting or recommending changes to the Services, including without limitation, new features or functionality relating thereto, or any comments, questions, suggestions, or the like (“Feedback”), SwiftResets is free to use such Feedback irrespective of any other obligation or limitation between the Parties governing such Feedback. SwiftResets is free to use, without any attribution or compensation to any party, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, for any purpose whatsoever, although SwiftResets is not required to use any Feedback.
SwiftResets respects the intellectual property rights of others and it is our policy to expeditiously process and review notices of claimed infringement of copyright or other applicable intellectual property laws. Any notices of claimed infringement should be sent to the Designated Agent of SwiftResets at ip@SwiftResets.com, and must contain all of the following: (i) a signature (physical or electronic) of the copyright owner or a person authorized to act on behalf of the copyright owner; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of the material that you claim is infringing and is to be removed or have access to same disabled, and information sufficient to permit the administrators of SwiftResets to locate the material; (iv) information sufficient for us to contact you, such as address, telephone number, and email address;
(v) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed.
THE SERVICES ARE PROVIDED TO YOU “AS IS WITH ALL FAULTS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, AND SWIFTRESETS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, PARTNERS, AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES WHETHER EXPRESS OR IMPLIED AND EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, AND NON-INFRINGEMENT. SWIFTRESETS DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICES, THE AVAILABILITY OF CONTENT, THAT THE FUNCTIONS CONTAINED IN THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS IN THE SERVICES WILL BE CORRECTED, OR THAT THE FUNCTIONS CONTAINED IN THE SERVICES WILL FUNCTION WITH OTHER MOBILE APPS OR HARDWARE, OR WITHIN A SYSTEM. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SWIFTRESETS OR AN SWIFTRESETS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION MAY NOT APPLY.
IN NO EVENT WILL SWIFTRESETS, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, PARTNERS, AND LICENSORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES OR ANY CONTENT ASSOCIATED WITH THE SERVICES, OR SUCH OTHER SITES OR ANY THIRD PARTY SERVICES OR PRODUCTS OBTAINED THROUGH THE SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF BUSINESS OPPORTUNITY, BUSINESS INTERRUPTION, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THESE EXCLUSIONS OR LIMITATIONS WILL APPLY REGARDLESS OF WHETHER OR NOT SWIFTRESETS HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. TO THE EXTENT LIABILITY CANNOT BE EXCLUDED OR LIMITED AS SET FORTH ABOVE, IN NO EVENT SHALL SWIFTRESETS BE LIABLE FOR ANY CLAIM, WHETHER IN CONTRACT, TORT, OR UNDER ANY OTHER THEORY OF LIABILITY, IN EXCESS OF $100.
THE SERVICES, INCLUDING ALL INFORMATION, TEXT, PHOTOGRAPHS, IMAGES, ILLUSTRATIONS, GRAPHICS, AUDIO, VIDEO, AND AUDIO-VIDEO CLIPS, AND OTHER MATERIALS, WHETHER PROVIDED BY US OR THIRD PARTIES, IS NOT INTENDED TO BE AND SHOULD NOT BE USED IN PLACE OF (a) EXPERT ADVICE OR OTHER PROFESSIONALS, (b) A VISIT, CALL, OR CONSULTATION WITH YOUR INDSUTRY EXPERT OR OTHER PROFESSIONALS, OR (c) INFORMATION CONTAINED ON OR IN ANY PRODUCT PACKAGING OR LABEL.
SwiftResets is not responsible for any issues or problems that may result from information you learn about through the Services. If you make any change to your activities based on the Services, you agree that you do so fully at your own risk. It is important to be sensitive to your business needs and outcomes. The information in the Services may be misleading if your functions and operations differ significantly from industry norms and averages.
The Services may provide links to other websites maintained by third parties or be offered alongside third party products. You acknowledge and agree that such links are provided for your convenience only and do not reflect any endorsement, affiliation, relationship, or sponsorship by SwiftResets with respect to the provider of such linked site or the quality, reliability, or any other characteristic or feature of such linked site. You further acknowledge and agree that SwiftResets is not responsible in any manner (including without limitation with respect to any loss or injury you may suffer) for any third-party products, or matters associated with the linked site, including without limitation, the content provided on or through any such linked site or your reliance thereon. In addition, you should be aware that your use of any third-party product or site is subject to the terms and conditions applicable to that product or site, including the privacy policies (or lack thereof) of such third party. SwiftResets does not guarantee that third party product information is complete, current, or error-free. If a third-party links to the Services, it is not necessarily an indication of endorsement, affiliation, relationship, or sponsorship by or with SwiftResets. SwiftResets may not even be aware that a third party has linked to the Services.
Any other content not owned by SwiftResets is owned by its respective owner. You acknowledge and agree that such content is provided by its owner and does not reflect any endorsement, affiliation, relationship, or sponsorship by SwiftResets with respect to the provider of such content. You further acknowledge and agree that SwiftResets is not liable or responsible in any manner (including without limitation with respect to any loss or injury you may suffer) for any products or content provided by third parties including, without limitation, your reliance thereon. SWIFTRESETS MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY THIRD-PARTY PRODUCTS OR CONTENT.
You agree to indemnify, hold harmless, and defend SwiftResets, its subsidiaries, affiliates, officers, directors, employees, representatives, agents, partners, licensors, successors, and assigns, from and against any action, cause, claim, damage, debt, demand, or liability, including reasonable costs and attorneys’ fees, asserted by any person, arising out of or relating to (i) your use of the Services, including but not limited to anyone using your account or Credentials; (ii) breach of this Agreement by you or anyone using your account or Credentials; (iii) any information used, stored, or transmitted in connection with your account or Credentials; (iv) breach of the rights of any third party, including but not limited to privacy, publicity, intellectual property, or other proprietary rights by you or anyone using your account or Credentials; or (v) violation of any law, regulation, or other legal requirement.
Notice for California Users
Under California Civil Code Section 1789.3, California users of the Services are entitled to the following specific consumer rights notice:
The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.
This Agreement shall continue in full force until terminated or cancelled pursuant to this Agreement.
SWIFTRESETS shall have the right to terminate this Agreement (i) for any reason whatsoever by providing ten (10) days’ notice to you; (ii) immediately for your material breach of this Agreement, other than non-payment of Fees; or (iii) for non-payment of Fees. Notwithstanding the foregoing, SWIFTRESETS reserves the right, in its sole discretion and without notice, at any time and for any reason, to remove, modify, suspend, or disable access to all or any portion of the Services.
You may terminate this Agreement for any reason whatsoever by providing ten (10) days’ notice to SWIFTRESETS via email to support@SwiftResets.com. Wherever applicable, you shall be responsible for all Fees incurred prior to and during the notice period for our Services.
Sections titled User Responsibilities, Content, ownership and Its use, Intellectual Property Rights, Data and Communications, Indemnification, Warranty Disclaimers, Limitation of Liability, Governing Law, Forum; Mandatory Binding Arbitration; Class Action Waiver, and payment obligations for Fees incurred prior to and during any notice period shall survive termination of this Agreement for any reason whatsoever.
If you are a U.S. federal government department or agency or are contracting on behalf of such department or agency, Services are “Commercial Items” as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as those terms are used in 48 C.F.R. §12.212 or 48
C.F.R. §227.7202. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Service is licensed to you with only those rights as provided under the terms and conditions of this Agreement. If you are a U.S. federal
government ordering activity, or employee of such ordering activity purchasing through a GSA Schedule contract in your capacity as an agent for such ordering activity, the terms of this published Agreement and the Privacy Policy may differ.
You will not directly or indirectly export or re-export the Services, or any technical information related thereto, to any destination or person prohibited or restricted by applicable law, including, without limitation, all applicable U.S. export control laws and regulations, and OFAC and EU sanctions regulations.
Any action related to this Agreement, the Services, and your relationship with SWIFTRESETS shall be governed by, construed, and interpreted in accordance with the laws of the State of Utah without regard to its conflict of laws principles AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE
APPLICABLE. You agree to resolve any disputes or claims arising out of or related to this Agreement or the Services through final and binding arbitration by a single arbitrator. This includes disputes arising out of or relating to interpretation or application of this “Mandatory Arbitration Provision” section, including its enforceability, revocability, or validity. Notwithstanding the foregoing, either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, or violation of any intellectual property. Subject to the Mandatory Arbitration Provision, the parties irrevocably consent to bring any action to resolve or enforce claims arising under or relating to this Agreement in the federal or state courts in Salt Lake City, Utah, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding. Except to the extent prohibited by applicable law, the parties agree that any claim or cause of action arising out of or related to use of the Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. This paragraph does not apply to users who reside in the European Union. If you are a user based in the European Union, then Finnish law shall apply to this Agreement and the Finnish courts shall have exclusive jurisdiction to hear disputes arising in relation to this Agreement. This provision shall not apply to consumers in countries that require agreements to be governed by the local laws of the consumer’s country. The English language shall govern all documents, notices, and interpretations of these Agreement. You also agree to waive any right to assert any claims against SWIFTRESETS as a representative or member in any class or representative action, except where such waiver is prohibited by law or deemed by a court of law to be against public policy.
If you are not a United States resident and you are accessing our Services from outside the United States, you agree to transfer certain information outside your location to us, and that you will follow all the laws that apply to you.
You represent and warrant that you are not (a) located in a country subject to a U.S. Government embargo, or designated by the U.S. Government as a “terrorist supporting” country, or (b) listed on any U.S. Government list of prohibited or restricted parties.
We provide our Services for a global community of users. Our servers and operations are, however, located primarily in the United States, and our policies and procedures are based primarily on United States law. Because of this, the following provisions apply specifically to users located outside of the United States: (a) you consent to the transfer, storage, and processing of your information, including but not limited to User-Generated Content and any personal information, to and in the United States and/or other countries, subject to our Privacy Policy; (b) if you are using the Services from a location embargoed by the United States, or are on the United States Treasury Department’s list of “Specially Designated Nationals,” you are not authorized to access or make use of the Services; and (c) you agree to comply with all local laws, rules, and regulations including, without limitation, all laws, rules, and regulations in effect in the location in which you reside and the location from which you access the Services. The Services are not intended for distribution to, or use by, any person or entity in any jurisdiction or location where such distribution or use would be contrary to law or regulation, or that which would subject SwiftResets or its affiliates to any registration requirement within such jurisdiction or location.
Use of this App is unauthorized in any jurisdiction that does not give full effect to all provisions of this Agreement, including without limitation this paragraph and the warranty disclaimers and liability exclusions above. SwiftResets has endeavored to comply with all legal requirements known to it in creating and maintaining this App, but it makes no representation that materials on this App are appropriate or available for use in any particular jurisdiction. Use of this App is unauthorized in any jurisdiction where all or any portion of this App may violate any legal requirements, and you agree not to access this App in any such jurisdiction. You are responsible for compliance with Laws. Any use in contravention of this provision or any provision of this Agreement is at your own risk and, if any part of this Agreement is invalid or unenforceable under Laws, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of this Agreement shall govern such use.
You acknowledge that SWIFTRESETS has the right to monitor use of the Services to ensure compliance with the Agreement.
No waiver of any term, provision, or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision, or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision, or condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver.
You may not assign this Agreement to any other party and any attempt to do so is void.
This Agreement and the Privacy Policy constitute the complete and exclusive statement of the agreement between you and SWIFTRESETS regarding the Services, and supersedes any and all prior or contemporaneous communications, representations, statements, and understandings, whether oral or written, between the parties.
In case of any conflict between the terms of this Agreement and the terms of the Privacy Policy, the terms of this Agreement shall prevail.
SwiftResets reserves the right to update this Agreement and/or the Privacy Policy at any time and for any reason in its sole discretion by posting updated terms. Unless otherwise indicated by SwiftResets, any changes will become effective on a prospective basis from the date of posting. SwiftResets will notify you of any material changes to this Agreement or Services. By continuing to access or use the Services after we have provided you with notice of a modification, you are agreeing to be bound by the modified Agreement. If the modified Agreement is not acceptable to you, your only recourse is to cease using the Services. SwiftResets and its third-party service providers may make improvements and/or changes in the Services, features, and prices described at any time and for any reason in its sole discretion. The App’s may download and install upgrades, updates, and additional features in order to improve, enhance, and further develop the Services. SwiftResets reserves the right at any time to modify or discontinue, temporarily or permanently, the Services or any portion thereof with or without notice. You agree that SwiftResets shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.
If you have any questions about this Privacy Policy or if you would like us to delete your Personal Information, you can delete your account from the website or app at any time in Settings, or by contacting us at myprivacy@SwiftResets.com or write to us at 1234 Salt Blvd, Salt Lake City, UT 84123.
If you would like to submit a data request under CPRA or GDPR, please complete this form, or manage your preferences in the Privacy Center in your app or browser.
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