Website Terms of Use

Website Terms of Use

Last Updated: December 19, 2019

Welcome to Swytchback™! You are now reading Swytchbacks’s website Terms of Use (“Visitor Terms”) as a visitor of the Swytchback website at www.swytchback.com (the “Website”). Swytchback (“we,” “us,” or “our”) reserves the right to change the Visitor Terms and to modify and/or limit access to the Website at any time without notice to you. By using or accessing the website, you agree to be bound by the most recent Visitor Terms. These Visitor Terms include our Copyright Policy below.

Site Content

All content that is made available to view and/or download in connection with the Website is the copyrighted work of and is owned by Swytchback and/or its licensors or subscribers, as applicable, and is protected by copyright and other laws and international treaty provisions. You may not copy, modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any such content without the express written permission of Swytchback and the copyright owner. You may not frame or otherwise include the Website within any other website or software.

Third-party Websites

The Website may contain links to third party websites or services (“Third Party Websites“) that are not owned or controlled by Swytchback. When you access Third Party Websites, you do so at your own risk. Swytchback has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any Third Party Websites. In addition, Swytchback will not and cannot monitor, verify, censor or edit the content of any Third Party Website.

Warranty Disclaimer

THE WEBSITE IS PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USEOF THE WEBSITE AND ANY THIRD PARTY WEBSITES. YOUR SOLE REMEDY AGAINST SWYTCHBACK FOR DISSATISFACTION WITH THE WEBSITE CONTENT IS TO STOP USING THE WEBSITE. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

Privacy Policy

For information regarding Swytchback’s treatment of personally identifiable information, please review Swytchback’s current Privacy Policy, which is hereby incorporated by reference; your acceptance of these Visitor Terms constitutes your acceptance and agreement to be bound by Swytchback’s Privacy Policy.

Indemnity

You agree to indemnify and hold Swytchback, its parents, subsidiaries, affiliates, officers, and employees harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) from any claim or demand made by any third party due to or arising out of your access to the Website.

Limitation of Liability

Except where prohibited by law, in no event shall Swytchback or its suppliers, or their respective officers, directors, employees, or agents be liable with respect to the Website under any contract, negligence, tort, strict liability or other legal or equitable theory for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever. If, notwithstanding the other provisions of these Visitor Terms, Swytchback is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Website, Swytchback’s liability shall in no event exceed US $10.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

Termination

Swytchback reserves the right, at any time, without notice, to modify, suspend or terminate operation of or access to all or a portion of the Website, for any reason or no reason. All provisions of these Visitor Terms which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

Miscellaneous

If any provision of these Visitor Terms are found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Visitor Terms shall otherwise remain in full force and effect and enforceable. These Visitor Terms are not assignable, transferable or sub-licensable by you except with Swytchback’s prior written consent. Swytchback may transfer, assign or delegate these Visitor Terms and its rights and obligations without consent. Both parties agree that these Visitor Terms is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Visitor Terms, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of these Visitor Terms and you do not have any authority of any kind to bind Swytchback in any respect whatsoever. Headings for each section have been included above for your convenience, but such headings do not have any legal meaning, and may not accurately reflect the content of the provisions they precede.

Governing Law

This Visitor Terms shall be governed by and construed in accordance with the laws of the State of California without regard to the conflict of laws provisions thereof. For any dispute related to this Visitor Terms, you agree to the personal jurisdiction by and venue in the state and federal courts in Santa Clara County, California, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred.

Copyright Dispute Policy

Swytchback has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act or DMCA (posted at www.lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of Swytchback’s Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is listed at the end of this Section. It is Swytchback’s policy to (1) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders.

Procedure for Reporting Copyright Infringements

If you believe that material or content residing on or accessible through the Services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:

1.   A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;

2.   Identification of works or materials being infringed;

3.   Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Swytchback is capable of finding and verifying its existence;

4.   Contact information about the notifier including address, telephone number and, if available, email address;

5.   A statement that the notifier has a good faith belief that the material identified in (3) is not authorized by the copyright owner, its agent, or the law; and

6.   A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.

Once Proper Bona Fide Infringement Notification is Received by the Designated Agent it is Swytchback’s policy:

1.   to remove or disable access to the infringing material;

2.   to notify the content provider, member or user that it has removed or disabled access to the material; and

3.   that repeat offenders will have the infringing material removed from the system and that Swytchback will terminate such content provider’s, member’s or user’s access to the Services.

Procedure to Supply a Counter-Notice to the Designated Agent

If the content provider, member or user believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider, member or user believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or, pursuant to the law, the content provider, member, or user, must send a counter-notice containing the following information to the Designated Agent listed below:

1.   A physical or electronic signature of the content provider, member or user;

2.   Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;

3.   A statement that the content provider, member or user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and

4.   Content provider’s, member’s or user’s name, address, telephone number, and, if available, email address, and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s, member’s or user’s address is located, or, if the content provider’s, member’s or user’s address is located outside the United States, for any judicial district in which Swytchback is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the Designated Agent, Swytchback may send a copy of the counter-notice to the original complaining party informing that person that Swytchback may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Swytchback’s discretion.

Please contact Swytchback’s Designated Agent to Receive Notification of Claimed Infringement at the following address: