Welcome to www.swifto.com (together with its sub-domains, Content, Marks and Services, the “Site”). Please read the following Terms of Use (“Terms”) carefully before using this Site so that you (“you” or “your”) are aware of your legal rights and obligations with respect to Swifto Inc. and their  affiliates and subsidiaries (individually and collectively, “Swifto”, “we”, "our" or "us").

 

We reserve the right, at our discretion, to modify these Terms.  We will inform you regarding any modifications by either notifying you via your designated email address or by posting the changes on the Site. The modifications will become effective ten (10) days following whichever form of notification occurs first and will apply to causes of action arising after the effective date of the change.

 

1. Your Acceptance.

By accessing or using this Site, including without limitation by contributing User Submissions or viewing Content (both terms as defined below), you signify your assent to (a) these Terms; and (b) Swifto's privacy policy at www.swifto.com/privacy (“Privacy Policy”).  These Terms apply to all users of the Site.  If you do not agree to these Terms or the Privacy Policy then you are not authorized to access or otherwise use the Site.

 

2. Ability to Accept Terms.

2.1.  Age.  The Site is not intended for children under the age of 13 years (the "Required Age").  By using the Site you affirm that you are over the Required Age.  If you are between the age of 13 years and 18 years, you should review these Terms with your parent or guardian to make sure that you and your parent or guardian understand its terms and conditions and agree to them.  If it comes to Swifto's attention through reliable means that a registered user is under the Required Age, Swifto may, to the extent applicable, cancel that user's Account (as defined below) and/or access to the Site.

 

2.2. Territory.  The Site and Services (defined below) are currently only intended for use in New York, USA.

 

1. 3.  Access to the Site.
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3.1. We grant you a limited license to access and use the Site in accordance with, and subject to, these Terms and any instructions and guidelines posted on the Site.  We reserve the right to terminate your access to and use of the Site at any time and for any reason.  Swifto reserves all rights not expressly granted in and to the Site.

 

3.2. You agree at all times to comply with these Terms and applicable law and shall not (i) copy, distribute or modify any part of the Site without our prior written authorization; (ii) send unsolicited or unauthorized emails, SMS, MMS, text messages, advertisements, spam, chain letters, etc.; (iii) transmit any Content which contains software viruses, or other harmful computer code, files or programs; (iv) disrupt the servers or networks connected to the Site; (v) circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or that enforce limitations on use of the Site; (vi) collect Content or information from the Site, or otherwise access the Site, by using any automated means, including without limitation, "robots," "spiders," "scrapers" and "offline readers," without our prior written approval (which we may revoke at any time); (vii) collect or harvest any personally identifiable information, including account names or e-mail addresses, from the Site, nor to use the communication systems provided by the Site for any commercial solicitation purposes (except as expressly permitted herein or the Privacy Policy) and/or (viii) if you are a Seeker or a Service Provider, use any Contact Information for any purpose other than a Permitted Use (all terms defined below).

 

3.3. In order to access some of the services offered by the Site ("Services"), including the Dog Walking Service (defined below), you are required to create an account ("Account") by completing an online registration form or by importing certain details from your Facebook account or your account with another third party social network website that we designate on our Site. You may never use another person's account without permission. When creating your Account, you must provide accurate and complete information. You are solely responsible for the activity that occurs in your Account, and you must keep your Account password secure. You must notify Swifto immediately of any breach of security or unauthorized use of your Account.  You will be liable for any use made of your Account or password and the losses of Swifto or others due to such unauthorized use. We will not be liable for your losses caused by any unauthorized use of your Account.  Swifto reserves the right to choose, in its sole discretion, whether to accept your creation of an Account.

 

3.4. Swifto, in its sole discretion, has the right at any time, for any reason, to terminate your access to the Site with immediate effect.

 

4. Dog Walking Service.

4.1. General.  Swifto offers a dog waking service ("Dog Walking Service") whereby Seekers (defined below) may, at any time, use the Site to quickly, effectively and inexpensively request and obtain the services of a Dog Walker (defined below).  "Seeker" means any registered Site user that participates in the Dog Walking Service to requests and/or obtain the services of a Dog Walker.  "Dog Walker" means any registered Site user that participates in the Dog Walking Service and responds to and/or provides dog walking services to Seekers. 

 

4.2. Dog Walking Fee. 

If you are a Seeker, then in order to request and obtain the services of a Dog Walker, you must prepay Swifto the Dog Walking Fee (defined below) for each separate time that you receive the services of a Dog Walker (each an "Individual Walk").  The Dog Walking Fee must be paid with a valid credit card, and is non-refundable (except in accordance with Section 4.4 (entitled 'Refunds') below).  "Dog Walking Fee" means the greater of (i) the amount displayed on the Site for the Individual Walk with respect to the duration of the walk and the number of participating dogs; or (ii) the amount that is quoted by a Dog Walker (less the Swifto Commission, which is defined below) for the Individual Walk with respect to the duration of the walk and the number of participating dogs.

 

4.3. Payments to the Dog Walker. 

(a) If you are a Dog Walker, and you respond to a request for Dog Walking Services by a Seeker and actually provide such Dog Walking Services to that Seeker, then you will be entitled to receive the amount of the Dog Walking Fee less the Swifto commission which is displayed on the Site ("Swifto Commission").  Subject to Section 4.4 (entitled 'Refunds') below, we use commercially reasonable efforts to transfer the Dog Walking Fee, less the Swifto Commission, to Dog Walkers within five (5) business days of the beginning of each month following the month during which an Individual Walk occurred.

(b) You agree that all Dog Walking Fee payments shall be made via Swifto.  This means that the Seeker will pay the Dog Walking Fee to Swifto, and Swifto will transfer the Dog Walking Fee, less the Swifto Commission, to the Dog Walker. 

(c) If you are a Dog Walker, then (i) you must open a PayPal account in order to receive the Dog Walking Fee, less the Commission; (ii) you shall bear all taxes, duties, levies, and other similar charges (and any related interest and penalties), however designated or imposed on you in connection with your receipt of the Dog Walking Fee or any other payments hereunder, including any income, sales, or use tax on profits which may be levied against you. 

 

4.4. Refunds.  If a Seeker notifies Swifto via email at refund@swifto.com within 48 hours of the time that the Individual Walk was supposed to occur, that such walk did not to occur, then the Seeker shall be entitled to receive a full refund of the related Dog Walking Fee, unless Swifto determines that there is no basis for Seeker's claim.  In such an event no amount shall be payable to the Dog Walker (and any amount already paid to a Dog Walker may be offset by future amounts that are due to the Dog Walker).  Failure to notify Swifto within [48] hours as specified above shall be deemed as Seeker confirmation that the Individual Walk occurred.

4.5. Insurance for Dog Walkers.  If you are a Dog Walker then you may elect to purchase general liability insurance, via the Site, for pet sitting from Pet Sitters Associates, LLC or any other insurance company. Swifto is not affiliated with the foregoing insurance companies, and assumes no responsibility for the practices of any such insurance company.  In order for you to fully understand your potential risks and exposures, Swifto advises you to review the applicable insurance terms and conditions together with your insurance advisor.

 

4.6. Swifto disclaims all responsibility and liability for any conduct of a Dog Walker or Seeker in connection with the Dog Walking Service.  If you are participating in the Dog Walking Service, then you are choosing to do so voluntarily and at your sole risk and you hereby release Swifto from any claims that you may have in connection with your participation in the Dog Walking Service.

 

4.7.  Alert Services.

(i) The Dog Walking Service enables you to receive email alerts and/or SMS texts to the email address(es) and/or the mobile number designated in your Account for the purpose of notifying you about offers, products and/or services which are published via the Dog Walking Service ("Alert Service").   

(ii) By using the Dog Walking Service, you explicitly agree that we may communicate with you by email, SMS text or other electronic means.

(iii) Swifto does not currently charge for using our Alert Service or receiving messages via email or SMS text messages to your mobile.  However, some third party service providers may charge you a fee (i) for your internet access and data usage; or (ii) to receive SMS messages.  You acknowledge and agree that you may be charged your telecommunications carrier's or internet provider's messaging, data, internet access and other rates and fees for using the internet or receiving SMS notifications.

(iv) If you choose to participate in the Alert Service, you acknowledge and agree (i) that we and other users may communicate with you by email in connection with the Services; and (ii) to promptly update your Account information in the event that you change or deactivate your email address or mobile number.

 

4.8. Coupons.  The Site may also offer, from time to time, certain discounts or promotions in connection with the Dog Walking Service ("Coupons").  Any purchase or use of a Coupon is subject to these Terms and also any additional terms and conditions that are displayed on the Site or the Coupon itself (in the event of any conflict between these Terms or the terms and conditions that appear on the Coupon itself, these Terms shall prevail).  The Coupon expiration date will be as stated on the Coupon, or as required by applicable law.  You are not entitled to any cash value for the amount of the Coupon.  If you redeem a Coupon for less than its face value, then you will not be entitled to receive any cash back credit or credit for the difference between the face value and the amount redeemed.  Individual Coupons may not be combined with any other vouchers, coupons, or promotions unless otherwise stated on the Coupon itself.

 

4.9. Updates and Changes to Services.  Swifto, in its sole and absolute discretion, may update, change, restrict, modify, and/or cancel any of the Services or any portion thereof at any time, for any or no reason, without any liability whatsoever.

 

The Seeker acknowledges and agrees (i) that we (or one of our service providers) may charge your credit card for each Transaction you enter into (including, as applicable, for recurring charges such as monthly or other types of periodic payments) and such other amounts (including any taxes, as applicable) that may accrue in connection with the purchase; (ii) to only provide valid and current information for yourself; (iii) that we may use the tools, software or services of third party service providers to process transactions on our behalf; (iv) except as expressly set forth herein, all purchases are final and non-cancellable or non-refundable; and (v) if payment is not received by us for any reason from your card issuer, you agree to promptly pay all amounts due to us upon demand.

 

1. 5.  Transactions between Seeker and Service Provider.
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5.1. General.  You agree that all Transactions (defined below) that you enter into are at your own risk.  The first Dog Walker that confirms its availability to a Seeker's service request for Dog Walking Service will receive an email and/or SMS text which shall include the Seeker's phone number ("Notification"). Such Dog Walker is requested to contact the Seeker immediately in order to consummate a transaction with the Seeker for the requested Dog Walking Service. Dog Walkers that confirm their availability to a Seeker's service request for Dog Walking Service following such first Dog Walker will receive an email and/or SMS text that they are on a waiting list. Transaction(s)" means that a Seeker and a Dog Walker mutually decided that the Dog Walker will provide the Seeker with one or more Individual Walks. If the Seeker decided not to enter into a Transaction with a Dog Walker that received Notification or if the Dog Walker that received the Notification did not contact that Seeker within 20 minutes from receiving the Notification, the next Dog Walker on the waiting list will receive a Notification.   You acknowledge that the Site is not the provider of the requested services and accordingly shall not be responsible for the provision any such services. 

 

5.2. Seekers.  If you are a Seeker you acknowledge and agree that (i) Dog Walkers are independent third party users of the Site and are not employees, agents or representatives of Swifto; (ii) you are solely responsible, and liable, for verifying the qualifications, credentials, expertise, experience, ability, appropriateness and suitability of any Dog Walker you interact or transact with, and Swifto does not make any representation or warranty with respect to any of the foregoing; (iii) to the extent that you enter into a Transaction with a Dog Walker, Swifto is not involved or liable for any such Transaction, which you enter into at your sole risk; (iv) you are solely responsible for paying any applicable Transaction fees, charges or other amounts; (v) you are solely responsible for any representations or warranties you make to a Dog Walker, including, without limitation, your ability to enter into a Transaction and/or pay any applicable fees, charges or other amounts; (vi) Swifto shall not be liable for any loss or damage caused to you by your interaction with a Dog Walker or other Site user or your reliance on any warranty, representation, advice, information, product or service provided or not provided to you by a Dog Walker; (vii) Swifto does not make any representation or warranty regarding whether a Dog Walker will enter into a Transaction with you; and (viii) you shall at all times comply with these Terms and applicable law.

 

5.3.  Dog Walkers: 

(i) If you are a Dog Walker you acknowledge and agree that (a) to the extent that you enter into a Transaction with a Seeker, Swifto is not involved or liable for any such Transaction, which you enter into at your sole risk; (b) you are solely responsible for any representations or warranties that you make to a Seeker, including, without limitation, with respect to your products, services, qualifications, credentials, expertise, certifications, background, skills, knowledge, and/or licenses; (c) Swifto does not make any representation or warranty regarding whether a Seeker will enter into a Transaction with you or a Seeker's ability to pay for any product or services that you may provide; (d) Swifto shall not be liable for any loss or damage caused to you by your interaction with a Seeker or another Site user or any Transaction that you do or do not enter into; and (e) you shall at all times comply with these Terms and applicable law.

(ii) If you are a Dog Walker you represent and warrant that (a) any and all information that you present about yourself and your ability and suitability to enter into a Transaction, including (without limitation) your qualifications, credentials, expertise, certifications, background, skills, knowledge, and licenses, is accurate, complete and current and is not any way deceptive or misleading; (b) you will at all times comply with these Terms and applicable laws, regulations, and rules (including without limitation, and as applicable, rules of ethics and professional responsibility) and not engage in or facilitate any unlawful Transaction; (c) you shall be solely responsible for any product or service that you provide (or fail to provide) or advertize,  and any representations and warranties you make in connection therewith; and (d) you shall not represent or indicate yourself to be an employee, consultant, agent, representative, or affiliate of Swifto or suggest that Swifto endorses or recommends any product or service that you offer.  You expressly acknowledge and agree that Swifto is not your employer and nothing contained herein shall be construed as creating any agency, employment relationship, partnership, principal-agent or other form of joint enterprise between you and Swifto.

 

6. Intellectual Property Rights

The content on the Site, including without limitation, the text, documents, descriptions, products, software, graphics, photos, sounds, videos, interactive features, services, User Submissions and any other content on the Site ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Swifto.  Content on the Site is provided for your “AS IS” for your personal use only and may not be used, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without Swifto’s prior written consent.  If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein.  Your use of the Content, or any part thereof, is made solely at your own risk and responsibility.  You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or that enforce limitations on use of the Site.

"Swifto", "GoWorkIt", “BizzyNow", "GotBizzy", "Today-Job”, the Swifto, GoWorkIt, BizzyNow, GotBizzy and Today-Job logo are Marks of Swifto or its affiliates.  All other trademarks, service marks, and logos used on our Site are the trademarks, service marks, or logos of their respective owners.

 

This section shall survive any termination of these Terms.

7. User Submissions.

7.1. The Site permits the submission of content by you and other users via the Site and the Dog Walking Service (“User Submissions”) and the hosting, sharing and publishing of such User Submissions.  You understand that when submitting your User Submissions on the Site's public areas, whether or not such User Submissions are published, Swifto does not guarantee any confidentiality with respect to any such User Submissions.  You shall be solely responsible for your User Submissions and the consequences of posting, transmitting or publishing them.  You acknowledge that Swifto does not pre-screen User Submissions but that Swifto reserves the right in its sole discretion and without further notice to you, to monitor, censor, edit, remove, delete, and/or remove any and all Content posted on its Site or via the Swifto Service (including User Submission) at any time and for any reason. You represent and warrant that you own or have the necessary rights and permissions to use and authorize Swifto to use all the Intellectual Property Rights in and to any User Submissions, and to enable inclusion and use thereof as contemplated by the Site and these Terms. “Intellectual Property Rights” means any and all rights, titles and interests, whether foreign or domestic, in and to any and all trade secrets, patents, copyrights, service marks, trademarks, know-how, or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, foreign or domestic.

 

7.2. You retain all of your ownership rights in your User Submissions.  Subject to the terms of the Privacy Policy by submitting the User Submissions to us, you hereby grant Swifto a worldwide, non-exclusive, royalty-free, perpetual, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of display, and perform the User Submissions in connection with the Site and Swifto's (and its successor's) business, and you hereby waive any moral rights in your User Submission, to the extent permitted by law. Subject to the Privacy Policy and Section 7.5 below, you also grant each user of the Site or other viewer of the User Submission a non-exclusive right to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions.

 

7.3. You agree that you will not display, post, submit, publish or transmit a User Submission that: (i) is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes; (ii) is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights; (iii) creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement; (iv) impersonates another person (including, addresses, phone numbers, e-mail addresses, Social Security numbers and credit card); (v) promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking; (vi) is unlawful, misleading, inaccurate, discriminatory, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense or a tort, gives rise to civil liability, violates any law, or is otherwise inappropriate; (vii) involves theft, money laundering or terrorism; or (viii) is otherwise malicious or fraudulent. 

 

7.4. If your User Submission contains the contact information or any personally identifiable information of any third party (for example in connection with providing the contact details for a reference), you hereby expressly represent and warrant that you have obtained the consent of said third party to include their contact information or personally identifiable information in your User Submission and that the third party is aware that they may be contacted as a result.

 

7.5. You may receive User Submissions via the Alert Service that include the contact information of a specific Site user ("Contact Information") that responded to a User Submission that you posted on the Site via the Dog Walking Service.  You may only use such Contact Information for the sole purpose of contacting that user in direct connection with his or her response to your User Submission, and you may not disclose or transfer such Contact Information to any third party ("Permitted Use").

 

7.6. You understand that when using the Site, you will be exposed to User Submissions from a variety of sources, and that Swifto is not responsible for the accuracy, usefulness, safety, or Intellectual Property Rights of or relating to such User Submissions. You may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against Swifto with respect thereto, and agree to indemnify and hold Swifto, its owners, affiliates, employees, agents and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Site and its Services.

8. Disclosure.

We reserve the right to access, read, preserve, and disclose any User Submissions (whether published or not) or any other information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process, subpoena or governmental request, (b) enforce these Terms, including investigation of potential violations of it, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of Swifto, its users or the public. This section shall survive any termination of these Terms.

9. Advertisements.

The Site may display advertisements not operated by Swifto.  The existence of an advertisement shall not be construed as an endorsement by Swifto of the advertisement or its content.

10. Links to Third Party Websites.

 

The Site may contain links to third party websites that are not owned or controlled by Swifto.  We are not affiliated with, have no control over, and assume no responsibility for, such third party websites or the content, privacy policies, or practices contained therein.  In addition, Swifto will not and cannot censor or edit the content of any third-party site. If you choose to access a third party website linked to from this Site, you do so at your own risk and you expressly release Swifto from any and all liability arising from your use of, or reliance upon, any third party website. Accordingly, we encourage you to be aware when you have left the Site and to read the terms and conditions and privacy policy of each other website that you visit.

11. Information Description.

Swifto endeavors to be as accurate as possible. However, Swifto cannot and does not warrant that the Content available on the Site is accurate, complete, reliable, current, or error-free. Swifto reserves the right to make changes in or to the Content, or any part thereof, according to its sole judgment, without the requirement of giving any notice prior to or after making such changes to the Content. Your use of the Content, or any part thereof, is made solely at your own risk.

12. Copyright and Content Policy. 

12.1. It is the policy of Swifto to respect the legitimate rights of copyright and other intellectual property owners. Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (the "DMCA"), Swifto has designated a Copyright Agent to receive notifications of claimed copyright infringement on its Site. Please be advised that we enforce a policy which provides for the termination of Account access in the case of Site subscribers who are infringers.

 

12.2. If you believe that your work has been copied in a way that constitutes copyright infringement or that your intellectual property rights have been otherwise violated, please provide Swifto’s Copyright Agent with the following information in accordance with the DMCA:

(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

(b) A description of the copyrighted work or other intellectual property that you claim has been infringed;

(c) A description of where the material that you claim is infringing is located on the Swifto's Site, with enough detail so that we are able to find it on our Site; providing URLs in the body of an email is the best way to help us locate content quickly;

(d) Your address, telephone number, and email address;

(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and

(f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner's behalf.

Swifto’s agent for notice of claims of copyright, other intellectual property infringement, or counter-notifications ("Copyright Agent") can be reached as follows:

 

Swifto Inc.

Michal Segal, Content Manager

Mailing address: 15 Maskit St. Herzliya 46120, Israel

Phone number: 1-855-967-5486

Fax number: +972-9-9502016

Email: contact@swifto.com

 

12.3. Please also note that under Section 512(f) any person who knowingly materially misrepresents that material or whose activity is infringing may be subject to liability.

 

13. Counter-Notification.

13.1. If you believe that the material you posted was removed by mistake, and that you have the right to post the material, you may elect to send us a counter notice.  To be effective, the counter-notification must be a written communication provided to our Copyright Agent that includes substantially the following (please consult your legal counsel or see 17 U.S.C. Section 512(g)(3) to confirm these requirements):

 

(a) A physical or electronic signature of the subscriber.

(b) 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 access to it was disabled; providing URLs in the body of an email is the best way to help us locate content quickly.

(c) A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.

(d) The subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification of infringement or an agent of such person.

 

13.2. Such written notice should be sent to our designated agent as follows:

 

Swifto Inc.

Michal Segal, Content Manager

Mailing address: 15 Maskit St. Herzliya 46120, Israel

Phone number: 1-855-967-5486

Fax number: +972-9-9502016

Email: contact@swifto.com

 

Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.

 

14.Warranty Disclaimer and Limitation of Liability.

14.1. THE FOLLOWING SECTION REGARDING LIMITATION OF LIABILITY AND WARRANTY  IS IN ADDITION TO ANY WARRANTY DISCLAIMERS SPECIFIED UNDER THE TERMS AND APPLIES WHETHER OR NOT THE SERVICES PROVIDED UNDER THE SITE ARE FOR PAYMENT.

 

14.2.  THE SITE (INCLUDING THE CONTENT AND ANY SERVICES IN CONNECTION THERETO) IS PROVIDED ON “AS IS” AND "AS AVAILABLE" BASIS, AND WITHOUT WARRANTIES OF ANY KIND.  TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE.

 

14.3. SWIFTO DOES NOT GUARANTEE THAT THE SITE AND THE SERVICES WILL BE FREE OF BUGS, SECURITY BREACHES, VIRUS ATTACKS AND THE LIKE, OR THAT IT WILL ALWAYS BE AVAILABLE. THE SITE WILL OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS.  IN ADDITION, YOU AGREE THAT SWIFTO WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO ITS USERS THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS, ETC.

 

14.4. YOU SPECIFICALLY ACKNOWLEDGE THAT SWIFTO SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

 

14.5. EXCEPT AS EXPRESSLY STATED IN OUR PRIVACY POLICY, SWIFTO DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SECURITY OF ANY INFORMATION YOU MAY PROVIDE OR ACTIVITIES YOU ENGAGE IN DURING THE COURSE OF YOUR USE OF THE SITE.

 

14.6. SWIFTO DOES NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT, PRODUCT, OR SERVICE THAT APPEARS IN A USER SUBMISSION (INCLUDING SERVICE AND/OR GOODS OFFERS) OR THAT IS FEATURED OR ADVERTISED ON THE SITE.

 

 

14.7. THE SITE ALLOWS USERS TO REQUEST SERVICES AND GOODS AT ANYTIME, AT PRICES PUBLISHED BY THE SEEKERS. NEITHER SWIFTO NOR THE SITE IS INVOLVED IN THE ACTUAL TRANSACTION BETWEEN THE USERS, AND SWIFTO WILL NOT BE LIABLE FOR ENFORCING ANY AGREEMENT THAT WAS, OR WAS NOT, ENTERED INTO BETWEEN USERS.  SWIFTO DOES NOT, AND HAS NO OBLIGATION TO, VERIFY, AND DOES NOT MAKE ANY REPRESENTATION OR WARRANTY REGARDING, THE IDENTITY, QUALIFICATIONS, EXPERIENCE, EXPERTISE, SUITABILITY, LICENSES, AND/OR REPRESENTATIONS OF ANY USER OR THIRD PARTY THAT YOU MAY ENGAGE, INTERACT WITH OR BE REFERRED TO IN CONNECTION WITH YOUR USE OF THE SITE.  SWIFTO DOES NOT MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO, AND DISCLAIMS ALL LIABILITY FOR, ANY INFORMATION, ADVICE, PRODUCTS, OR SERVICES THAT YOU OBTAIN FROM ANOTHER USER OR THIRD PARTY, INCLUDING, WITHOUT LIMITATION, YOUR USE OF OR RELIANCE ON ANY OF THE FOREGOING. YOUR INTERACTION WITH AND RELIANCE UPON ANY SUCH USER OR THIRD PARTY IS ENTIRELY AY YOUR SOLE COST AND RISK.

 

14.8.  IF YOU HAVE A DISPUTE WITH ANY OTHER USER OF THE SITE, YOU AGREE THAT SWIFTO IS NOT LIABLE FOR ANY CLAIMS OR DAMAGES ARISING OUT OF OR CONNECTED TO SUCH A DISPUTE.

 

14.9. UNDER NO CIRCUMSTANCES SHALL WE, INCLUDING OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, AGENTS AND REPRESENTATIVES BE LIABLE FOR ANY LOSS OF MONEY, GOODWILL, REPUTATION, SPECIAL, INDIRECT, DIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE USE OF, OR THE INABILITY TO USE, THE SITE AND ITS SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR ANY CONTENT IS TO STOP USING IT.  IN ANY EVENT AND WITHOUT LIMITING THE GENERALITY OF THIS SECTION YOU AGREE THAT OUR SOLE AND EXCLUSIVE MAXIMUM LIABILITY FOR ALL DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE SHALL IN NO EVENT EXCEED THE LESSER OF (A) THE AGGREGATE OF THE AMOUNT (IF ANY) ACTUALLY PAID BY YOU IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING YOUR BRINGING OF A CLAIM AGAINST SWIFTO AND/OR ITS AFFILIATES, OR (B) AN AMOUNT EQUAL TO TEN UNITED STATES DOLLARS (US$10).

 

14.10. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

14.11. This section shall survive any termination of these Terms.

1. 15.  Indemnity.

You agree to defend, indemnify and hold harmless Swifto, its affiliates, and their respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from: (i) your use of the Site; (ii) your violation of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, publicity or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense, hold harmless and indemnification obligation will survive these Terms and your use of the Site (including its Services). This defense, hold harmless and indemnification obligation will survive these Terms and your use of the Site.

1. 16.  Miscellaneous. 

The Site is directed solely to individuals who are authorized use it in accordance with the conditions set forth in these Terms.  You may not assign or transfer these Terms and/or any rights and licenses granted herein but may be assigned by Swifto without restriction or notification to you.  These Terms shall be governed by and construed in accordance with the laws of the State of New York without giving effect to its choice of law rules.  You agree that any legal action arising out of or relating to these Terms shall be filed in courts located in the State of New York only, and you hereby consent and submit to the personal jurisdiction and venue of such courts for the purposes of litigating any such action.  If any of these Terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be deleted, with all other provisions remaining in full force and effect.  Our failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision.  These Terms comprise the entire agreement between you and us and supersede all prior or contemporaneous agreements between the parties regarding the subject matter contained herein.

 

Last revised: January 12, 2012