Terms of Service
These Terms of Service govern your access to and use of Swipe CRM LLC's website and mobile applications (the "Site") and, if applicable, use and/or purchase of Services (defined below). Your access to and use of the Site and, if applicable, use and/or purchase of Services is expressly conditioned on your compliance with these Terms of Service. In addition, when using particular Services, you may be subject to additional posted guidelines or rules applicable to such Services.
By accessing or using the Site or using or purchasing the Services you agree to be bound by these Terms of Service. If you do not wish to be bound by these Terms of Service, you may not access or use this Site or use or purchase the Services.
1. Site, Services, and Accounts.
You are permitted to use the Site and Services (if applicable) only for your own personal or internal business use. As part of providing you the Services, Swipe CRM LLC may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your Swipe CRM Account membership and you will not be able to opt out of receiving them.
1.2 Swipe CRM Account.
In order to receive the Services, you must register for a Swipe CRM Account and provide certain information about yourself as prompted by the Services registration form ("Registration Data"). In consideration of your use of the Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You agree to: (a) provide true, accurate, current and complete Registration Data and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Swipe CRM LLC has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Swipe CRM LLC has the right to suspend or terminate your Swipe CRM Account and refuse any and all current or future use of the Services (or any portion thereof). Swipe CRM LLC reserves the right to log off Swipe CRM Accounts that are inactive for a minimum of thirty (30) days.
1.3 Swipe CRM Service.
(a) Service Plan.
The Swipe CRM Service, in part, enables you to access your third party online accounts, such as your account with salesforce.com (each, a "Third Party Account"). The service plan you selected when registering for the Swipe CRM Service ("Service Plan") will identify the Third Party Accounts you may access through the Swipe CRM Service. Your use of the Swipe CRM Service is subject to the usage and storage limitations set forth in the Service Plan, which may include limits on (i) the maximum number of days that items such as data, photos or other uploaded Content will be retained by the Swipe CRM Service, (ii) the maximum number of items that may be sent from or received by an account on the Swipe CRM Service, (iii) the maximum size of any item that may be sent from or received by an account on the Swipe CRM Service, (iv) the maximum disk space that will be allotted on Swipe CRM LLC's servers on your behalf, and (v) the maximum number of times (and the maximum duration for which) you may access the Swipe CRM Service in a given period of time. You agree that Swipe CRM LLC has no responsibility or liability for the deletion or failure to store Content maintained or transmitted by the Swipe CRM Service.
(b) Third Party Accounts.
In order for Swipe CRM LLC to provide you with the Swipe CRM Service, you will need to provide Swipe CRM LLC with your username and password or other access credentials ("Access Credentials") for each Third Party Account that you want to access through the Swipe CRM Service. You represent that you have the right to access and use the Third Party Accounts and to provide the Access Credentials to Swipe CRM LLC for access in connection with the Swipe CRM Service. Swipe CRM LLC will use your Access Credentials for the Third Party Accounts solely to access the Third Party Accounts to the extent necessary to provide you the Swipe CRM Service and other Services in connection with the Swipe CRM Service and will otherwise keep your Access Credentials confidential. By providing your Access Credentials for the Third Party Accounts to Swipe CRM LLC, you hereby acknowledge, agree, and authorize Swipe CRM LLC to access and use the Third Party Accounts on your behalf for the purposes of providing you the Swipe CRM Service. Please be aware that each Third Party Account may have its own terms of service. When you access a Third Party Account, its terms of service may apply to your use of the Swipe CRM Service. You agree to comply with each Third Party Account's terms of service as well as these Terms of Service. If (a) your use, or Swipe CRM LLC's provision, of the Swipe CRM Service breaches, or is not authorized by, such Third Party Account's terms of service or (b) you cannot comply with the Third Party Account's terms of service without breaching these Terms of Service, you shall not access such Third Party Account through the Swipe CRM Service ("Unauthorized Third Party Account"). If a Third Party Account is, or in Swipe CRM LLC's opinion is likely to become, an Unauthorized Third Party Account, Swipe CRM LLC may terminate your access to such Third Party Account.
You are responsible for maintaining the confidentiality of the Access Credentials for your Swipe CRM Account and Third Party Accounts and are fully responsible for all activities that occur under your Swipe CRM Account and Third Party Accounts. You agree to immediately notify Swipe CRM LLC of any unauthorized use, or suspected unauthorized use of the Access Credentials for your Swipe CRM Account or Third Party Accounts or any other breach of security. Swipe CRM LLC cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
2. Price and Payment for Services.
You agree to pay the price for the Service(s), including the Swipe CRM Service, you order, as specified on the Site. All prices are non-refundable (except as set forth in Section 9.4). All prices are quoted on the Site exclusive of federal, state, or local excise, sales, use, or similar taxes, or any export or import fees, customs duties and similar charges applicable to the sale or to the Service(s) sold, except taxes based upon Swipe CRM LLC's net income ("Taxes"). Swipe CRM LLC may collect such Taxes with respect to certain jurisdictions and you agree to pay any and all such Taxes. Without limiting other remedies, Swipe CRM LLC reserves the right to charge a late fee on all past due payments equivalent to the lesser of one and a half percent (1.5%) per month on the unpaid balance or the highest rate allowed by law. You will pay for all collection costs, attorneys fees, and court costs incurred in the collection of past due amounts.
2.2 Swipe CRM Service.
Your Service Plan may be a free Service Plan or a for-fee Service Plan. If you ordered a for-fee Service Plan, the price for the Swipe CRM Service is set forth in the Service Plan, and, unless you and Swipe CRM LLC have agreed to an alternate billing arrangement in writing signed by Swipe CRM LLC, Swipe CRM LLC will automatically bill your credit card or other payment method you submitted as part of the registration process for the Swipe CRM Service for such price in accordance with this Section 2.2.
(b) Billing Periods.
Service Plans may be offered on monthly, quarterly, and/or annual subscriptions. The term of your Service Plan begins on the day Swipe CRM LLC accepts your order for the Service Plan (the "Billing Start Date") and automatically renews on the same day each subsequent month if you ordered a monthly subscriptions, quarter if you ordered a quarterly subscriptions, or year if you ordered an annual subscriptions (each, a "Billing Renewal Date"). Fees for your Base Service Plan are billed on the Billing Start Date and thereafter on each Billing Renewal Date at the then current fee for such Service Plan until the earlier of termination of the Service Plan or termination of these Terms of Service. For quarterly and annual subscriptions only, Swipe CRM LLC will provide you notice of any prices increases thirty (30) days before your next billing date.
(c) Changing Service Plans.
You may upgrade to a higher priced Service Plan by submitting an order for the upgraded Service Plan through your Swipe CRM Account. The price of the upgraded Service Plan will be Swipe CRM LLC's then current fees for such Service Plan. You will be billed the difference of (1) the pro-rated price of the unused remaining term of your upgraded Service Plan (pro-rated as if you had ordered the upgraded Service Plan on the most recent Billing Start Date or Billing Renewal Date of your current Service Plan) and (2) the pro-rated price of the unused remaining term of your current Service Plan. You may downgrade to a lower priced (or free) Service Plan by terminating your current Service Plan in accordance with Section 9 and submitting an order for the downgraded Service Plan through your Swipe CRM Account. As fees are non-refundable, you will not receive a refund upon termination of your current Service Plan.
All information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials appearing on the Site or in connection with the Services (collectively referred to as "Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. You, and not Swipe CRM LLC, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available on the Site or Services. You agree that your Content will comply with the Acceptable Use Policy below.
4.2 Content License.
For all Content that you submit or make available for inclusion on publicly accessible areas of the Site or Services, such as, without limitation, public forums on the Site, you grant Swipe CRM LLC a worldwide, royalty-free, non-exclusive, sublicensable and transferable license to use, distribute, reproduce, modify, adapt, create derivative works of, publicly perform and publicly display such Content on the Site or Services solely for the purpose for which such Content was submitted or made available. For all other Content, you grant Swipe CRM LLC a worldwide, royalty-free, non-exclusive, sublicensable and transferable license to use, distribute, reproduce, modify, adapt, create derivative works of, publicly perform and publicly display such Content in connection with providing you the Services. These licenses exist only for as long as you elect to continue to include such Content on the Site or Services and will terminate at the earlier of the time you remove or Swipe CRM LLC removes such Content from the Site or Services (provided that we may continue to retain copies in our backup and disaster recovery systems).
You acknowledge and agree that any feedback, comments, or suggestions you may provide regarding Swipe CRM LLC, the Site, Services, or Software ("Feedback") is entirely voluntary and Swipe CRM LLC alone will own all right, title and interest to such Feedback and you hereby assign such Feedback to Swipe CRM free of charge. Swipe CRM LLC will be free to use such Feedback as it sees fit, entirely without obligation of any kind.
5. Software License, Restrictions and Ownership.
5.1 Software License.
If your Service includes use of Swipe CRM LLC software (the "Software"), subject to the terms and conditions of these Terms of Service, Swipe CRM LLC grants to you a non-exclusive, non-transferable, royalty-free, fully paid license (without the right to sublicense), during the term of your Service, to install and execute one copy of the Software, in executable object code format only, solely on your desktop, laptop, tablet or handheld mobile device and solely for your use, for your internal personal or business purposes, of the applicable Service provided by Swipe CRM LLC.
The rights granted to you in these Terms of Service are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, outsource, disclose or otherwise commercially exploit the Software, Site, or Services or make the Software, Site or Services available to any third party; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Software, Site, or Services; (c) you shall not access the Software, Site, or Services in order to build a similar or competitive product or service; (d) except as expressly stated herein, no part of the Software, Site or Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (e) any future release, update, or other addition to functionality of the Software provided by Swipe CRM LLC (if any) shall be subject to the terms of these Terms of Service unless Swipe CRM LLC expressly states otherwise. You shall preserve all copyright and other proprietary rights notices on the Software and all copies thereof. You shall not use the Software, Site or Service on or in connection with any other website, for any purpose, provided that Swipe CRM LLC may enter into separate agreements with third parties, pursuant to which such third party may use or sublicense the Site or Services in connection with such third party's website ("Partner Websites") and you may use the Software, Site or Service in connection with such Partner Websites.
5.3 For U.S. Government End Users.
The Software is a "commercial item," as that term is defined at 48 C.F.R. 2.101 (OCT 1995), and more specifically is "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (SEPT 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (JUNE 1995), the Software is provided to U.S. Government End Users (a) only as a commercial end item and (b) with only those rights as are granted to all other customers pursuant to the terms and conditions herein.
All right, title, and interest in and to the Site, Services, and Software are and will remain the exclusive property of Swipe CRM LLC and its licensors. The Site, Services, and Software are protected by copyright, trademark, and other laws of both the United States and foreign countries. All rights in and to the Site, Service, and Software not expressly granted to you in these Terms of Service are reserved by Swipe CRM LLC and its licensors. Except as expressly set forth herein, no express or implied license or right of any kind is granted to you regarding the Site, Services, or Software.
6. Acceptable Use Policy.
You agree to comply with the following "Acceptable Use Policy" when using the Site and Services:
You will not post, publish or transmit any Content that: (i) is false or misleading; (ii) is defamatory; (iii) invades another's privacy; (iv) is obscene, pornographic, or offensive; (v) promotes bigotry, racism, hatred or harm against any individual or group; (vi) infringes another's rights, including any intellectual property or privacy rights; (vii) is of a threatening or harmful nature, including threats of death or physical harm, or materials that are harassing, libelous, defamatory, or which facilitate extortion, (viii) violates applicable export control laws or (ix) violates, or encourages any conduct that would violate, any applicable law, rule or regulation issued or promulgated by any competent government authorized or would give rise to civil liability.
You will not: (i) access, tamper with, or use non-public areas of the Site, Swipe CRM LLC's computer systems, or the technical delivery systems of Swipe CRM LLC's providers; (ii) attempt to probe, scan, or test the vulnerability of any system or network or breach any security or authentication measures; or (iii) attempt to access or search the Site with any engine, software, tool, agent, device or mechanism other than the software and/or search agents provided by Swipe CRM LLC or generally available third party web browsers (such as Microsoft Internet Explorer, Apple Safari, and Google Chrome). Examples of prohibited activities include hacking, cracking into, monitoring, or using systems without authorization; scanning ports; conducting denial of service attacks; or distributing viruses or other harmful software.
You will not use the Site or Services to send unsolicited email, junk mail, 'spam', or chain letters, or promotions or advertisements for products or services to recipients with which you have no preexisting business or personal relationship. You will not use the Site or Services to collect responses from spam. You agree not to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent.
You will not (i) forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site or Services to send altered, deceptive or false source-identifying information; (ii) impersonate or misrepresent your affiliation with any person or entity; or (iii) use the Site or Services for fraud, forgery, theft or misappropriation of funds, credit cards, or personal information.
You will not use the Site or Services to interfere with, or attempt to interfere with, the access of any user, host or network, including sending a virus, overloading, flooding, spamming, or mail-bombing the Site or Services. You will not use the Site or Services to violate another ISP's acceptable use policy or terms of service.
6.6 Third Party Providers.
Swipe CRM LLC utilizes services from third party providers in providing the Services to you. Accordingly, the acceptable use policies of such third party providers may apply to your use of the Services. You are responsible for regularly reviewing each third party's provider's policies applicable to the Services you ordered, as such terms may be revised from time to time by the third party provider.
Swipe CRM LLC will have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and Site security issues, to the fullest extent of the law. Swipe CRM LLC may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Service. You acknowledge that Swipe CRM LLC has no obligation to monitor your access to or use of the Site, Services, and any user provided Content, but has the right to do so for the purpose of operating the Site, to ensure your compliance with these Terms of Service, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.
7. Digital Millennium Copyright Act Compliance.
Swipe CRM LLC respects the intellectual property rights of others and expects users of the Site and Service to do the same. If you believe that the copyright in your work has been violated through the Site or Service, please contact Swipe CRM LLC as set forth below and provide the following information, which Swipe CRM LLC may then forward to the alleged infringer: (a) identify the material on the Site or Services that you believe infringes your work, with enough detail so that Swipe CRM LLC may locate it; (b) provide a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (c) provide your address, telephone number, and email address; (d) provide a statement that (i) the information that you have provided to Swipe CRM LLC is accurate, and (ii) you are the owner of the copyright interest involved or are authorized to act on behalf of the owner; and (e) provide your physical and electronic signature. At Swipe CRM LLC's discretion and in appropriate circumstances, Swipe CRM LLC may suspend or terminate the accounts of users or prevent access to the Site and Service by users who infringe the intellectual property rights of others. Pursuant to 17 United States Code 512(c)(2) (Digital Millennium Copyright Act of 1998), Swipe CRM LLC's designated agent for notice of alleged copyright infringement appearing on the Site is:
Attn: Copyright Agent Swipe CRM LLC
Filing a notice of infringement with Swipe CRM LLC requires compliance with the requirements specified in Title II of the Digital Millennium Copyright Act of 1998. The text of this statute can be found at the U.S. Copyright Office website.
8. Third Party Links.
The Site may contain links to third-party websites or resources. Our Services may enable you to access your Third Party Accounts. You acknowledge and agree that Swipe CRM LLC is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to or access to such websites or resources do not imply any endorsement by Swipe CRM LLC of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
9. Term and Termination.
These Terms of Services are effective on the date you accept the terms and conditions hereof and shall continue until terminated in accordance with this Section (the "Term").
9.2 Termination for Cause.
Swipe CRM LLC may suspend or terminate (in its sole discretion) any one or more Services provided to you hereunder and/or these Terms of Service immediately upon notice to you in the event that you fail to pay the prices due hereunder or in the event that you otherwise breach any of the terms of these Terms of Service. You may terminate any one or more Services provided to you hereunder and/or these Terms of Service upon thirty (30) days notice in the event that Swipe CRM LLC breach any of the terms of these Terms of Service and does not cure such breach within such thirty (30) day period.
9.3 Termination for Convenience.
You and Swipe CRM LLC terminate any one or more Services provided to you hereunder and/or these Terms of Service at any time, with or without cause, by providing notice to the other party setting forth the effective date of the termination.
9.4 Effect of Termination.
Upon termination of any Service for any reason, except as expressly set forth below, all rights and obligations of both you and Swipe CRM LLC in connection with such Service shall immediately terminate, including all software licenses granted to you in connections with such Service. Upon termination of these Terms of Service for any reason, except as expressly set forth below, all rights and obligations of both you and Swipe CRM LLC under these Terms of Service shall immediately terminate, including all Service hereunder and all software licenses hereunder. Notwithstanding the foregoing, any amounts owed to Swipe CRM LLC shall survive termination of any Service or these Terms of Service (as applicable) and shall be immediately due and payable. If Swipe CRM LLC terminates for convenience or if you terminate for cause any Service or these Terms of Service (as applicable), Swipe CRM LLC will refund you the pro-rated price you paid for the remaining term of your then current Service Plan. Except as set forth above, you will not receive a refund upon termination of any Service or these Terms of Service. You acknowledge that you have access to your Content during the Term and that you are responsible for creating back-ups of your Content. Swipe LLC CRM shall have no obligation to maintain any Content or to forward any Content to you or any third party. The following Sections shall survive termination of these Terms of Service for any reason: 4.3 (Feedback); 5.4 (Ownership); 9.4 (Effect of Termination); 10 (Indemnity); 11 (Disclaimer of Warranties); 12 (Limitation of Liability); 13 (Exclusions and Limitations); and 14 (General).
You agree to defend, indemnify, and hold harmless Swipe CRM LLC, its officers, directors, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Site, Services, or Software, your violation of these Terms of Service, or any Content posted, published, transmitted or otherwise provided by you or on your behalf.
11. DISCLAIMER OF WARRANTIES.
THE SITE, SERVICES, CONTENT, AND SOFTWARE ARE PROVIDED 'AS IS', WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. SWIPE CRM LLC PROVIDES NO TECHNICAL SUPPORT, WARRANTY OR REMEDIES FOR THE SITE, SERVICE, CONTENT, AND SOFTWARE UNDER THESE TERMS OF SERVICE. WITHOUT LIMITING THE FOREGOING, SWIPE CRM LLC EXPLICITLY DISCLAIMS ANY WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT. SWIPE CRM LLC MAKES NO WARRANTY THAT THE SITE, SERVICES, CONTENT, OR SOFTWARE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT DEFECTS WILL BE CORRECTED. SWIPE CRM LLC MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, CONTENT, SERVICES, OR INFORMATION PURCHASED OR OBTAINED THROUGH THE SITE OR SERVICES, OR THE INTEGRITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OR CONTENT OBTAINED THROUGH THE SITE OR SERVICES. YOU UNDERSTAND THAT BY USING THE SERVICES, YOU MAY BE EXPOSED TO INFORMATION AND CONTENT THAT MIGHT BE OFFENSIVE, INDECENT OR OBJECTIONABLE AND THAT MAY CONTAIN ERRORS OR OMISSIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM SWIPE CRM LLC OR THROUGH THE SITE OR SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
12. LIMITATION OF LIABILITY.
12.1 SITE, SERVICES, AND CONTENT.
YOUR ACCESS TO AND USE OF THE SITE, THE SERVICES, CONTENT, AND SOFTWARE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SWIPE CRM LLC AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SITE, SERVICES, OR SOFTWARE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SITE OR IN CONNECTION WITH THE SERVICES, INCLUDING ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (III) ANY CONTENT OBTAINED FROM THE SERVICES; AND (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT SWIPE CRM LLC HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL SWIPE CRM LLC'S AGGREGATE CUMULATIVE LIABILITY EXCEED THE GREATER OF (A) AMOUNTS PAID BY YOU IN THE 12 MONTH PRIOR IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM OR (B) US $50.
12.2 THIRD PARTY DEALINGS.
ANY CORRESPONDENCE OR BUSINESS DEALINGS WITH, OR PARTICIPATION IN PROMOTIONS OF, ADVERTISERS AND THIRD PARTIES FOUND ON OR THROUGH THE SITE OR SERVICES, INCLUDING PAYMENT AND DELIVERY OF RELATED GOODS OR SERVICES, AND ANY OTHER TERMS, CONDITIONS, WARRANTIES OR REPRESENTATIONS ASSOCIATED WITH SUCH DEALINGS, ARE SOLELY BETWEEN YOU AND SUCH THIRD PARTY. SWIPE CRM LLC SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS AND THIRD PARTIES ON THE SERVICES.
12.3 YOUR CONTENT.
YOU UNDERSTAND AND AGREE THAT THE DOWNLOAD OR SUBMISSION OF ANY CONTENT TO SWIPE CRM LLC THROUGH THE SITE OR SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO USER CONTENT OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT IN THE DOWNLOAD OR UPLOAD OF ANY CONTENT. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF CONTENT.
13. EXCLUSION AND LIMITATIONS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE LIMITATIONS ABOVE MAY NOT APPLY TO YOU. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE, SERVICES, CONTENT, OR SOFTWARE ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE EFFECTIVE DATE OF THESE TERMS OF SERVICE.
In the event that any provision of these Terms of Service are held to be invalid or unenforceable, the remaining provisions of these Terms of Service will remain in full force and effect.
The failure of Swipe CRM LLC to enforce any right or provision of these Terms of Service will not be deemed a waiver of such right or provision.
14.3 Controlling Law and Jurisdiction.
These Terms of Service and any action related thereto will be governed by the laws of the State of California without regard to any conflict of law provisions that would require the application of the laws of another state. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms of Service. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms of Service will be the state and federal courts located in San Francisco County , California , and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
14.4 Local Laws and Export Control.
Swipe CRM LLC controls and operates these Services from its location in the United States and is subject to U.S. export laws and regulations. Swipe CRM LLC makes no representation that the Services are appropriate or available for use at other locations. If you use the Services from outside the U.S. , you are solely responsible for compliance with all applicable laws, including export and import regulations of other countries. The Software and related technology are subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree to strictly comply with all such laws and regulations and acknowledge that it has the responsibility to obtain authorization to export, re-export, or import the Software and related technology, as may be required.
14.5 Statute of Limitations.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site, Services, Content, or Software or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
14.6 No Assignment.
Neither the rights nor obligation arising under these Terms of Service are assignable by you, and any such attempted assignment or transfer shall be void and without effect.
Your relationship to Company is that of an independent contractor, and neither party is an agent or partner of the other. The headings of Sections of these Terms of Service are for convenience and are not to be used in interpreting these Terms of Service. As used in these Terms of Service, the word "including" means "including but not limited to." In the event that any provision of these Terms of Service are found to be contrary to law, then such provision shall be construed as nearly as possible to reflect the intention of the parties, with the other provisions remaining in full force and effect. All waivers must be in writing. Any waiver or failure to enforce any provision of these Terms of Service on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
You acknowledge and agree that Swipe CRM LLC may revise these Terms of Service from time to time in its sole discretion. We will notify you of such changes by posting them on our Site or sending you an email notice to the email address on your Swipe CRM Account (if applicable). Such changes will be effective upon the earlier of thirty (30) days after (a) they are posted on our Site or (b) or dispatch of an email notice to you (if applicable). If you do not wish to accept such changes, you must cease using our Site, Services, and Software and notify us prior to the effective date of the changes that you wish to deactivate your Swipe CRM Account (if applicable). By continuing to access or use the Site, Services, or Software after Swipe CRM LLC makes any revisions to its Terms of Service, you agree to be bound by the revised Terms of Service.
14.9 Entire Agreement.
These Terms of Service are the entire and exclusive agreement between Swipe CRM LLC and you regarding the Site, Services, and Software and these Terms of Service supersede and replace any prior agreements between Swipe CRM LLC and you regarding the Site, Services, and Software.
15. Contact Information.
If you have questions about these Terms of Service, you can contact Customer Care at support at firstname.lastname@example.org.
Swipe CRM LLC may provide you notices under these Terms of Service by sending you an email to the email address you provided us in registering for the Service or your Swipe CRM account.
These Terms of Service were updated on August 28, 2016.