Terms and Conditions

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the SwiftKickHQ.com website (the “Service”) operated by Swift Kick, LLC. (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.

Your Use of Content

As between you and Company, all content contained on or accessed from the Site, including, without limitation, videos, text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, images, applications, programs, computer code and/or any other materials and/or information (collectively, the “Content”), including but not limited to the design, layout, “look and feel” and arrangement of such Content, is Company’s exclusive property and protected by copyright, trademark and/or other intellectual property and unfair competition laws. Company authorizes you to view the Content solely for your personal, non-commercial, informational purposes and solely in accordance with the terms hereof. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within any Content, and that you will abide by all such notices.

You may not copy, display, distribute, modify, publish, reproduce, store, transmit, post, translate or create other derivative works from, or exploit, use, sell, rent or license to any third party, all or any part of the Content, except as otherwise expressly permitted under these Terms and Conditions. Any use of the Content not expressly permitted by these Terms and Conditions may constitute a breach hereof and may violate copyright, trademark, and/or other laws. All rights not expressly granted herein are reserved to Company.

Links To Other Websites

Our Service may contain links to third-party websites or services that are not owned or controlled by Swift Kick, LLC.

Swift Kick, LLC has no control over and assumes no responsibility for the content, privacy policies, or practices of any third party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that Swift Kick, LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such third party websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

Indemnification

You agree to defend, indemnify and hold harmless Swift Kick, LLC and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service or b) a breach of these Terms.

Limitation Of Liability

In no event shall Swift Kick, LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, 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:

  • your access to or use of or inability to access or use the Service
  • any conduct or content of any third party on the Service
  • any content obtained from the Service; and
  • unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have 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.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS-IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Swift Kick, LLC its subsidiaries, affiliates, and its licensors do not warrant that
a) the Service will function uninterrupted, secure or available at any particular time or location;
b) any errors or defects will be corrected;
c) the Service is free of viruses or other harmful components, or
d) the results of using the Service will meet your requirements.

Blog Disclaimer

Any views or opinions represented in this blog are personal and belong solely to the original author and do not represent those of Swift Kick, or any other persons in the organization, unless explicitly stated. Any view or opinions are not intended to malign any religion, ethnic group, club, organization, company, or individual.

All content provided on this blog is for informational purposes only. The owner of this blog makes no representation as to the accuracy or completeness of any information on this site or found by following any link on this site. The owner will not be liable for any errors or omissions in this information nor for the availability of this information. The owner will not be liable for any losses, injuries, or damages from the display or use of this information.

Exclusions

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.

Governing Law

These Terms and Conditions are governed by the internal substantive laws of the State of New York, without reference to New York’s conflict of laws principles. Any claim arising hereunder shall be prosecuted exclusively within the State and Federal courts situated in the State of New York, County of New York, and courts with appellate jurisdiction therefrom, and the parties agree and expressly consent to the jurisdiction of such courts for such purposes.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Contact Us

If you have any questions about these Terms, please contact us by email at sk@swiftkickhq.com or by phone at (877) 479-4385.

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