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Welcome to www.SwifTXT.com. Please read these
Terms and Conditions of Use (“Terms and Conditions”)
completely and carefully before using www.SwifTXT.com (the
“Site”). By using the Site, you agree to be bound
by the Terms and Conditions, as may be amended from time to
time, in their entirety. If you do not agree with any of the
following Terms and Conditions, please do not use this Site.
Disclaimers; Limitation on Liability; Release; Indemnity.
THE CONTENT ON THIS SITE IS PROVIDED TO YOU
“AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS
OR IMPLIED. SWIFTXT CORP., A DELAWARE CORPORATION (“SWIFTXT”),
DOES NOT WARRANT THAT THE MATERIAL WILL BE UNINTERRUPTED OR
ERROR-FREE INCLUDING WITHOUT LIMITATION TYPOGRAPHICAL OR FACTUAL
ERRORS OR TECHNICAL INACCURACIES. SWIFTXT DISCLAIMS ANY AND
ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT,
COMPLETENESS, LEGALITY, RELIABILITY, OPERABILITY, OR AVAILABILITY
OF INFORMATION OR MATERIAL DISPLAYED ON THE SITE. SWIFTXT
DISCLAIMS ANY RESPONSIBILITY FOR THE SITE BEING FREE OF TECHNICAL
MALFUNCTIONS, OR THAT THE SITE’S SERVER WILL BE FREE
OF VIRUSES OR OTHER HARMFUL COMPONENTS. SWIFTXT DISCLAIMS
ANY RESPONSIBILITY OR WARRANTY FOR ANY PRODUCTS ADVERTISED
ON THE SITE. THE TERMS AND CONDITIONS GOVERNING ANY SALE OF
ANY PRODUCTS OR SERVICES DESCRIBED ON THE SITE SHALL BE GOVERNED
BY THE TERMS AND CONDITIONS OF ANY CONTRACT GOVERNING SUCH
SALES. UNDER NO CIRCUMSTANCES SHALL SWIFTXT OR ANY SHAREHOLDER,
DIRECTOR, EMPLOYEE, AGENT, AFFILIATE, OR REPRESENTATIVE OF
SWIFTXT HAVE ANY OBLIGATION OR LIABILITY TO YOU WHATSOEVER
AS A RESULT OF, OR IN CONNECTION WITH, YOUR USE OF THIS SITE.
NEITHER SWIFTXT NOR ANY OF ITS SHAREHOLDERS,
DIRECTORS, EMPLOYEES OR OTHER REPRESENTATIVES WILL BE LIABLE
FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF
THIS SITE OR ANY INFORMATION OR SERVICES CONTAINED HEREIN,
EVEN IF ADVISED OF THE POSSIBILITY THEREOF. THIS IS A COMPREHENSIVE
LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY
KIND, INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL AND
CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME, PROFIT OR GOODWILL,
LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES.
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS
SWIFTXT AND ANY OF ITS SHAREHOLDERS, OFFICERS, DIRECTORS,
AGENTS, EMPLOYEES, RELATED ENTITIES, THIRD-PARTY CONTENT PROVIDERS
AND LICENSORS, OR OTHER AFFILIATES FROM AND AGAINST ANY CLAIMS,
LOSSES, DAMAGES, COSTS, OR EXPENSES, INCLUDING ATTORNEYS FEES,
RESULTING FROM YOUR USE OF OR RELIANCE ON THE MATERIALS ON
THE SITE, AND/OR YOUR BREACH OR ALLEGED BREACH OF ANY OBLIGATION,
CONDITION, OR TERM IN THESE TERMS AND CONDITIONS.
Third Party Links
The links from the Site to the World Wide Web
provide access to information from a variety of sources. The
presence of these links is not an endorsement of any product
or information available from other sources. SWIFTXT disclaims
any and all responsibility for the information which is accessible
through this web site, and assumes no liability associated
therewith. We make no warranty, guarantee, or representation,
express or implied, with respect to the accuracy, effectiveness,
or usefulness of any information, methods, or materials that
are available, or described, herein. SWIFTXT does not assume,
and hereby disclaims, any liability for the use of any information,
methods, or materials found herein or for damages arising
from such use, nor assume any responsibility for any injury
to individuals or property, or for any financial loss, sustained
as a result of the use or application of the information,
methods, or materials that are available, or described, in
our links to other sites. SWIFTXT has no control over the
resources that can be accessed from our web site, and will
have no responsibility therefor.
User Input
Any communication, material or feedback with
regard to contents on this Site transmitted by a user of this
Site via electronic mail or otherwise, including any data,
questions, or comments regarding the content of any document
or other information contained on this Site, shall not be
deemed to be confidential. SWIFTXT shall have no obligation
of any kind with respect to such information, and shall be
free to reproduce, use, disclose and distribute such information
to any third party without limitation or liability therefor.
Trademarks and Copyrights
All trademarks relating to the Site, including
“swiftxt.com” is the sole property of SWIFTXT
or some other third party. In addition, other names, logos,
characters and images on the Site are the trademarks of SWIFTXT
or their respective owners. You agree not to use any trademark
located on the Site for any purpose without the express, prior
written consent of SWIFTXT or the appropriate trademark owner.
All content, including but not limited to, articles, stories,
images, video, graphics, sounds, software, and source code
on the Site is subject to copyright protection and may not
be displayed, reproduced, modified, or used in any way except
with the prior written permission of SWIFTXT. Nothing on this
Site shall be construed as conferring any license under any
of SWIFTXT’s or third party’s intellectual property
rights, whether by estoppel, implication or otherwise. You
agree to abide by laws regarding copyright ownership and use
of intellectual property, and you shall be solely responsible
for any violations of such laws as a result of your use of
this Site. You agree to use the Site and the materials and
services and products on the Site or accessible via the Site
only for lawful purposes.
Privacy
For an explanation of SWIFTXT’s practices and policies
related to the collection, use and storage of our online guests’
information, please read our Privacy Policy.
Jurisdictional Issues
This agreement shall be governed by, construed
and enforced according to the laws of the state of Delaware.
You expressly consent to the jurisdiction of state and federal
courts located within Los Angeles County. Your use of this
site should not be construed as SWIFTXT’s purposefully
availing itself of the benefits or privileges of doing business
in any state or jurisdiction other than California.
Severability, Integration, and Amendment
If any provision of the Terms and Conditions
shall be held to be unlawful, void, or unenforceable for any
reason, such provision shall be enforced to the maximum extent
possible but will otherwise be severable from the Terms and
Conditions and shall not affect the validity or enforceability
of any remaining provisions.
The provisions of the Terms and Conditions and
each right and obligation referenced herein represent the
entire agreement between you and SWIFTXT, its affiliates or
related entities. The Terms and Conditions shall supersede
any prior agreements or understanding not incorporated herein.
These Terms and Conditions may not be
amended, waived, modified, or terminated by any subsequent
action unless set forth in a revised Terms and Conditions
posted on this Site by SWIFTXT.
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