SwiftyBits Terms and Conditions
Agreement between User and www.swiftybits.net
Welcome to www.swiftybits.net. The www.swiftybits.net website (the "Site") is comprised of various web pages operated by SwiftyBits, LLC ("SwiftyBits"). www.swiftybits.net is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of www.swiftybits.net constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
Definitions:
SwiftyBits, LLC - otherwise known as SwiftyBits "The Company"
Customer - Otherwise known as "YOU", You, "Your", "Prospect", "Lead"
Hardware - Products offered by SwiftyBits other than Services, Digitial or Virtual Services, Software or Online Presence.
Additional terms are mentioned in this document that may not be defined above. If you have questions regarding this document, please contact SwiftyBits.
"At SwiftyBits, our mission is to empower businesses with innovative technology solutions that drive growth and success. As a leading IT company specializing in managed services and technology resale, we strive to provide our clients with the most reliable, efficient, and cost-effective technology solutions on the market. We are committed to delivering exceptional customer service, building long-term partnerships, and staying at the forefront of industry trends and advancements. At SwiftyBits, we believe that technology should be a strategic asset for every business, and we are dedicated to making that vision a reality.
Products as used herein includes the following.
Software
All software applications or other functionality provided in any format, such as installed instances of software licensed by a Vendor, software provided by a manufacturer, publisher or other service provider of the Products (“Vendor”), as a service provided via subscription access, or otherwise, including any modification or customizations and updates created by the applicable Vendor as well as any third-party software or applications embedded in or included with the software products. All Software is licensed or subscribed to as a service and not sold, and any references to “purchase” or "sale" hereunder shall be deemed to refer to the license and/or subscription and corresponding right to use when referring to Software hereunder; and
Services
Services provided by a Vendor, SwiftyBits or SwiftyBits’s subcontractor which may be offered as a item or as separately described in a Statement of Work (SOW), and which may be subject to such additional terms as may be set forth therein or other written agreement between Customer and SwiftyBits.
Pricing
Customer may purchase Products at the prices prevailing at the time of shipment, as determined by SwiftyBits. Quoted prices are subject to change without notice and, unless specifically included in a quote or invoice, do not include any taxes, handling, shipping, transportation, duties or other charges or fees. Customer is responsible for all applicable fees, duties, and all federal, state, provincial, municipal, and other government taxes on the use, sale, import (or export), and delivery of Products. Customer must present to SwiftyBits exemption certificates, valid in the place of delivery, prior to shipment. If Customer is offered special pricing for certain orders and such pricing is made available to SwiftyBits by a Vendor, Customer will adhere to the applicable special pricing terms and conditions provided by the Vendor. Customer agrees to pay any service fees charged for SwiftyBits's pass through of special pricing and other Vendor driven benefits Customer may receive, including any marketing funding, price protection and individual rebates, and agrees that pass through and payment of such benefits will be subject to SwiftyBits having received the benefits from Vendor. The special pricing terms may require Customer to comply with certain requirements including without limitation: (a) the sale of the Products only to specifically named customers; (b) the disclosure of customer information to SwiftyBits and the Vendor for the purpose of end-user verification; (c) the submission of copies of customer invoices, purchase orders or shipping documents to SwiftyBits and the Vendor; and (d) selling the Products into the authorized territory(ies) as specified by the Product’s Vendor. Subject to the special pricing terms and conditions applicable for the individual Vendor and Products, breach of the special pricing terms and conditions may entitle SwiftyBits and/or the Vendor to reclaim and invoice Customer in full for all discounts, rebates and other special price conditions granted to Customer under the special pricing terms and conditions or special price. Customer agrees and understands that any special discounts or promotions offered by SwiftyBits are only applicable to Products that are sold into the authorized territory(ies) as specified by the Vendor. If Customer does not sell the Products into the authorized territory(ies) as specified by the Vendor, Customer agrees to reimburse SwiftyBits the value of special discounts and promotions and indemnify SwiftyBits from and against all losses, claims, damages, penalties, costs, and expenses caused by Customer when failing to comply with this provision.
Payment
The customer agrees to make timely payment for all charges in accordance with the payment terms specified in each invoice for the products acquired from SwiftyBits. The customer relinquishes any legal, equitable, contractual, or other rights to set-off or seek similar remedies against SwiftyBits, either wholly or partially, for any amounts owed to the customer by SwiftyBits or any of its subsidiaries. SwiftyBits reserves the right to allocate payments to any of the customer's accounts. In the event of default in payment by the customer to SwiftyBits, SwiftyBits may reschedule, suspend, or cancel any pending deliveries or orders and deem all outstanding balances on all invoices immediately due and payable. The customer agrees to pay interest at a rate of 1.5% per month, or the maximum rate allowed by law, whichever is lower, on any overdue payments, as specified on each invoice, until the outstanding amount is fully settled. Unless otherwise stipulated by applicable law, any credits provided by SwiftyBits will automatically expire if not utilized within 12 months. If the customer purchases products from SwiftyBits through a third-party marketplace or platform, the customer explicitly acknowledges and agrees that these General Terms will govern such purchases, regardless of any conflicting third-party terms.
The customer's payment obligations to SwiftyBits are independent of any payments due to the customer from end-users or other third parties. Under no circumstances will the customer be exempted from their payment obligations to SwiftyBits, either wholly or partially, based on any failure or inability to collect payment from any third party.
Product Warranties
Can you rewrite this to avoid copywrite law? 7. Warranties/Indemnities. Customer acknowledges that SwiftyBits is not the manufacturer of the Products. Product warranties, if any, are provided by the Vendor of the Products. SWIFTYBITS EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND COVENANTS, EITHER EXPRESS, IMPLIED, OR STATUTORY WITH RESPECT TO ANY PRODUCTS, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, AND FITNESS FOR A PARTICULAR PURPOSE. ALL PRODUCTS AND INFORMATION ARE PROVIDED OR MADE AVAILABLE TO CUSTOMER “AS IS.” CUSTOMER SHALL NOT USE OR RESELL THE PRODUCTS IN ANY MANNER NOT EXPRESSLY PERMITTED BY THE VENDOR OF SUCH PRODUCT(S), INCLUDING FOR ANY INHERENTLY DANGEROUS USE, AS THE PRODUCTS ARE NOT SPECIFICALLY DEVELOPED OR PROVIDED BY ITS VENDOR FOR SUCH USES, EXCEPT AS A VENDOR MAY EXPRESSLY AGREE OTHERWISE. WITHOUT LIMITATION OF THE FOREGOING, CUSTOMER SHALL NOT USE THE PRODUCTS IN CONNECTION WITH ANY OPERATIONS OF NUCLEAR, AVIATION, MASS TRANSIT, OR MEDICAL APPLICATIONS. To the extent authorized, SwiftyBits will pass through to Customer any transferable Product warranties, indemnities, and remedies provided to SwiftyBits by the Vendor including any such warranties and indemnities for intellectual property infringement. Customer’s, its affiliates’, and their respective customers’ sole and exclusive remedy relating to the Products will be the remedy afforded by the applicable Vendor of such Products to such parties. Services performed by SwiftyBits itself (and not by any Vendor or subcontractor) will be performed in a professional and workmanlike manner in accordance with the applicable quotation or SOW. Any applicable warranty period for such Services will be specified in the service description or SOW. As its sole remedy, Customer may request SwiftyBits re-perform such Services that do not conform to the warranty within the applicable warranty period. Customer warrants and represents it will investigate the validity and accuracy of all orders for Products placed with SwiftyBits, including orders for delivery of Products to third parties or to non-Customer destinations, and that Customer is solely responsible for the accuracy of all shipment and delivery instructions to SwiftyBits. Under no circumstances will SwiftyBits be obligated to investigate, validate, confirm, or reconfirm Customer’s delivery orders, shipment or delivery instructions or the identity of consignee/receiving personnel at destination, nor will SwiftyBits be liable for incorrect or inaccurate shipment instructions or consignee or destination information.
SWIFTYBITS IS NOT RESPONSIBLE FOR AND HAS NO DUTY TO DEFEND, INDEMNIFY, OR HOLD HARMLESS CUSTOMER, ITS AFFILIATES, THEIR CUSTOMERS, OR ANY OTHER PARTY, FROM OR AGAINST ANY CLAIMS, DEMANDS, OR CAUSES OF ACTION, INCLUDING ANY DAMAGES, COSTS OR EXPENSES INCURRED BY SUCH PARTIES, ARISING FROM OR RELATING TO THE ACTUAL OR ALLEGED PRODUCT LIABILITY, BREACH OF SECURITY, LOSS OF DATA, OR INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS RELATED (DIRECTLY OR INDIRECTLY) TO THE MANUFACTURE, SALE, OR USE OF THE PRODUCTS.
Customer warrants that it has all necessary legal rights to all intellectual property it provides to SwiftyBits.
CUSTOMER WILL INDEMNIFY, DEFEND AND HOLD HARMLESS SWIFTYBITS, ITS AFFILIATES, AND ITS VENDORS, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS FROM AND AGAINST ANY LIABILITIES, LOSSES, DAMAGES, COSTS OR EXPENSES OF ANY KIND (INCLUDING REASONABLE ATTORNEYS’ FEES AND DISBURSEMENTS) ARISING OR RESULTING FROM CLAIMS, DEMANDS, ACTIONS OR PROCEEDINGS OF ANY KIND ARISING FROM OR RELATING TO: (i) CUSTOMER’S USE, MARKETING, DISTRIBUTION OR SALE OF PRODUCTS IN A MANNER OTHER THAN AS SPECIFIED IN PRODUCT DESCRIPTIONS OR SPECIFICATIONS; (ii) SWIFTYBITS’S OR ITS VENDOR’S COMPLIANCE WITH DESIGNS, SPECIFICATIONS, OR INSTRUCTIONS PROVIDED BY CUSTOMER; (iii) CUSTOMER’S BREACH OF THESE GENERAL TERMS OR OTHER AGREEMENT WITH SWIFTYBITS OR ACTS OR OMISSIONS OF CUSTOMER, ITS AFFILIATES, ITS AGENTS, OR THEIR RESPECTIVE EMPLOYEES, OFFICERS OR DIRECTORS; OR (iv) VIOLATION OR ALLEGED VIOLATION OF ANY APPLICABLE LAWS OR REGULATIONS BY CUSTOMER OR ITS AFFILIATES.
Privacy
Your use of www.swiftybits.net is subject to SwiftyBits's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices. SwiftyBits Privacy Policy is located at www.swiftybits.net/privacypolicy
Electronic Communications
Visiting www.swiftybits.net or sending emails to SwiftyBits constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
The customer grants SwiftyBits and the relevant vendors a non-exclusive, non-transferable, royalty-free, global right to utilize electronic data specifically related to the customer, their users, and customers (referred to as "Data") that is processed by SwiftyBits and the vendors. This grant of rights is strictly limited to the purpose of providing the products to the customer and their customers. If the customer is a reseller, they affirm that they have obtained appropriate consent from their customers to share their information with SwiftyBits and the vendors for use in connection with the products. Alternatively, the customer complies with an alternative legal basis for sharing such information with SwiftyBits. By using the products, both the customer and their customers agree to allow SwiftyBits to process the Data in accordance with the Privacy Statement available at (Privacy Statement). Additionally, the use of the products by the customer or their customers may be subject to the privacy policies of the vendors.
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that SwiftyBits is not responsible for third party access to your account that results from theft or misappropriation of your account. SwiftyBits and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Children Under Thirteen
SwiftyBits does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.swiftybits.net only with permission of a parent or guardian.
Cancellation/Refund Policy
SwiftyBits ("SwiftyBits, LLC") offers annual agreements for our managed services and technology resale solutions. If a customer wishes to cancel their agreement before the end of the annual term, the remaining balance of the term becomes due and payable immediately.
Customers are required to provide written notice to SwiftyBits of their intention to not renew their annual agreement at least 10 days prior to their renewal date. If no written notice is received, the agreement will automatically renew for another annual term, and the customer will be responsible for the full balance of the new term.
SwiftyBits does not offer refunds for early cancellation of annual agreements. All fees paid to SwiftyBits are non-refundable, including any prepayments made for the remaining balance of the term.
The full terms and conditions of SwiftyBits' annual agreements, including our cancellation and refund policy, are outlined in the SwiftyBits Customer Agreement. By signing the Customer Agreement, customers acknowledge and agree to abide by these terms and conditions.
If you have any questions or concerns regarding our cancellation and refund policy, please contact our customer service team by emailing Service@SwiftyBIts.net or by calling customer service at 813-982-3811.
Links to Third Party Sites/Third Party Services
www.swiftybits.net may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of SwiftyBits and SwiftyBits is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. SwiftyBits is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by SwiftyBits of the site or any association with its operators.
Certain services made available via www.swiftybits.net are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.swiftybits.net domain, you hereby acknowledge and consent that SwiftyBits may share such information and data with any third party with whom SwiftyBits has a contractual relationship to provide the requested product, service or functionality on behalf of www.swiftybits.net users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use www.swiftybits.net strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to SwiftyBits that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of SwiftyBits or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. SwiftyBits content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of SwiftyBits and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of SwiftyBits or our licensors except as expressly authorized by these Terms.
Use of Communication Services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
SwiftyBits has no obligation to monitor the Communication Services. However, SwiftyBits reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. SwiftyBits reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
SwiftyBits reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in SwiftyBits's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. SwiftyBits does not control or endorse the content, messages or information found in any Communication Service and, therefore, SwiftyBits specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized SwiftyBits spokespersons, and their views do not necessarily reflect those of SwiftyBits.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials Provided to www.swiftybits.net or Posted on Any SwiftyBits Web Page
SwiftyBits does not claim ownership of the materials you provide to www.swiftybits.net (including feedback and suggestions) or post, upload, input or submit to any SwiftyBits Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting SwiftyBits, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. SwiftyBits is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in SwiftyBits's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Third Party Accounts
You will be able to connect your SwiftyBits account to third party accounts. By connecting your SwiftyBits account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
International Users
The Service is controlled, operated and administered by SwiftyBits from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the SwiftyBits Content accessed through www.swiftybits.net in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless SwiftyBits, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. SwiftyBits reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with SwiftyBits in asserting any available defenses.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and SwiftyBits agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. SWIFTYBITS, LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
SWIFTYBITS, LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. SWIFTYBITS, LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SWIFTYBITS, LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SWIFTYBITS, LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
SwiftyBits reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Florida and you hereby consent to the exclusive jurisdiction and venue of courts in Florida in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and SwiftyBits as a result of this agreement or use of the Site. SwiftyBits's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of SwiftyBits's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by SwiftyBits with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then 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 the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and SwiftyBits with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and SwiftyBits with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
SwiftyBits reserves the right, in its sole discretion, to change the Terms under which www.swiftybits.net is offered. The most current version of the Terms will supersede all previous versions. SwiftyBits encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
SwiftyBits welcomes your questions or comments regarding the Terms:
SwiftyBits, LLC
3863 Reflection Dock Drive
Seffner, Florida 33584
Email Address:
Telephone number:
8139823811
This policy went into effect July 2017 and was revised: July 2023